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11 November 2018 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING NOVEMBER 26,2018 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, November 26, 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 Heart of Hospice representatives Jonathon Hamby and Julie Strickland. Mrs. Strickland then led the Pledge of Allegiance. Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on October 29, 2018. Council Member Wood made a motion to approve the minutes. Council Member Kneeland 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 SETTING A PUBLIC HEARING DATE FOR VACATING A DRAINAGE/UTILITY EASEMENT LOCATED AT LOTS 65 & 66, PARK RIDGE AT LEE CREEK SUBDIVISION; 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 Moore 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 City Clerk then swore in the new officers. THE RESOLUTION WAS GIVEN THE NUMBER 11-1-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.j L - I -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 VACATING A DRAINAGE/UTILITY EASEMENT LOCATED AT LOTS 65 & 66,PARK RIDGE AT LEE CREEK SUBDIVISION; INSIDE THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. WHEREAS, Michael Kerr has petitioned the City Council of Van Buren, Arkansas to vacate and abandon the public drainage and utility easement along certain lots inside the Park Ridge Addition more particularly described as follows: Description of Existing Easement All that part of a 15.00 foot utility and drainage easement lying to the rear of lots 65 and 66,within Park Ridge Subdivision to the City of Van Buren,Arkansas ;and WHEREAS, all of the property owners and adjacent property owners being affected by this easement abandonment have consented by signed petition;and WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199-103 and A.C.A. 14-301-302, has the authority to vacate public easements, rights-of-way and alleys or segments thereof. NOW, 1"HBREFORE,BE IT RESOLVED BY f:th CITY COUNCIL OF 1'HE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS,THAT: SECTION 1: A Public Hearing is set for 171 day of December 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 easement 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 hear said Petition. IN WITNESS WHEREOF,the City of Van Buren,Arkan ,y its City Council,did pass, approve,and adopt,by a vote of to for and 0 against,the forego : .esolution at its rem ar meeting held on the 26`s day of November 2018. Robert 2. - - • Mayos ATTESTED: PRO _ Phyllis Thomas Candice A. ettle( City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ESTABLISHING HEALTH INSURANCE BENEFITS FOR THE CITY OF VAN BUREN. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor o Freeman noted theincrease y is due to a four dollar increase on our ' vision coverage. g The city did not change in rate class or deductible this year. 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 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 City Clerk then swore in the new officers. THE RESOLUTION WAS GIVEN THE NUMBER 11-2-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I 1 - a. -2018 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ESTABLISHING HEALTH INSURANCE BENEFITS FOR THE CITY OF VAN BUREN. WHEREAS, City of Van Buren currently provides health insurance and related benefits to full time employees,elected officials,former elected officials eligible under Ordinance 26-1978; and WHEREAS, the cost of providing health insurance to those eligible is a very substantial expense to the city;and WHEREAS, the current health and eye vision insurance rates will increase effective January 1,2019. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS: SECTION 1: Health Insurance shall be made available to each full time employee and elected official through the Arkansas Municipal League Municipal Health Benefit Fund.The City will • pay the full cost of health insurance for the employee or elected official and up to a maximum of$904.20 per month for the employee or elected official with family coverage. SECTION 2: Health Insurance shall be made available through the Arkansas Municipal League Municipal Health Benefit Fund to each former elected official eligible for such benefits under Ordinance No.26-1978 and Ordinance No.22-2005. 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 agai i the foregoing Resolution at its Regular Meeting held on the 26'h day of November 201:. Oft a Robe .. reeman Mayor ATTESTED: . • 'PRO, 1 • T,r ORM: Phyllis Thom Candic- • . ettle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION APPROVING A ONE HUNDRE 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 Swaim seconded by Council Member Moore 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 City Clerk then swore in the new officers. THE RESOLUTION WAS GIVEN THE NUMBER 11-3-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. l a - 3 -2018 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($100.00) 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($100.00)bonus for Christmas. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, i did pass,approve,and adopt,by a vote of for and() against,the foregoing Resolution at its regular meeting held on the 26th day of November ! 8. _41_11‘1: -il . Robe I ... - Mayor ATTESTED: - • PRO ' D AS TO FORM: P Ilis Thoma andice It City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE § 14-42-107, AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN,DECLARING AN EMERGENCY; 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 Moore. 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 Sparkman. 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 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. Motion was made by Council Member Swaim and seconded by Council Member Kneeland, that the emergency clause 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 then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 25-2018 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.7.5•2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE FOR COMPLIANCE WITH ARK CODE ANN.§14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN, DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, ACA§14-42-107 requires an ordinance be enacted specifically permitting the conducting of any business between an official or employee of the city and the City of Van Buren;and WHEREAS, the City of Van Buren wishes to conduct business,on an ongoing basis,with Mr.J.W. - Wooden,an employee of the City of Van Buren in the Fire Department;and WHEREAS, it is the desire of the Administration and the Van Buren City Council that compliance with A.C.A.§14-42-107 is satisfied for the conducting of all city business;and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren,Arkansas and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1 Mr.J.W.Wooden,an employee of the City of Van Buren in the Fire Department,is hereby authorized to conduct business with the City of Van Buren,Arkansas. ,SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren, AFlcansas,and necessary in providing for the immediate preservation of the public peace, health,and safety,an emergency is declared to exist and this Ordinance shall take effect and be in force after its passage and approval. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of to for and_Ci against,the foregoing Ordinance at its regular meeting held on the 26a day of November 2018. 41 Robert •a"�w-'t"i'_\ Maya ATTESTED:(05 APPROVED AS 4.4 : A �IlitThomas ) Candice ASettle City Ckddfreasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 21-2017 FOR THE PURPOSE OF AUTHORIZING FUNDS FOR THE CHAD COLLEY WILDERNESS PARK BIKE AND PEDESTRIAN TRAIL DEVELOPMENT PROJECT; 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 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. Council Member Petty asked if an emergency clause was necessary. Mayor Freeman replied that no money would need to be expended within the next thirty days. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Wood 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 26-2018 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.Z(o-2018 BE IT ENACTED BY TIM CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 21-2017 FOR THE PURPOSE OF AUTHORIZING FUNDS FOR THE CHAD COLLEY WILDERNESS PARK BIKE AND PEDESTRIAN TRAIL DEVELOPMENT PROJECT;AND FOR OTHER PURPOSES. WHEREAS, the City Council of Van Buren authorized the Mayor to enter into a contract with Ozark Off Road Cyclists (OORC) to develop bike and pedestrian trails and associated amenities and improvements at Chad Colley Wilderness Park;and WHEREAS, the City Council voted to waive competitive bidding due to exceptional circumstances;and WHEREAS, it is the desire of the City Council to commit funds for the development of said trails. NOW, IILLREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to budget and expend up to$200,000.00 of Capital Improvement Funds with Ozark Off Road Cyclists for the purpose of developing bike and pedestrian trails and related amenities and improvements consistent with the Chad Colley Wilderness Park Bike and Pedestrian Trail Plan. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of (p for and against,the foregoing Ordinance at its regular meeting held on the 26th day of November 2018. 10, 4111111k Robe va. r--1 May ATTESTED: -AP'10-VE i, •S-TO ORM: Ph li Thom City Clerk/Treasurer ice A e City 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 $1,210,191.85 to pay expenses and salaries for October 2018, presented by the clerk. The Council followed with a unanimous vote. ' 11-06-2018 02:35 PM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE AS OF: OCTOBER 31ST, 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 165,815.29 303,255.10 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 1020.03 Cash In Bank-ASP's&Nalmart Gra 0.00 0.00 1 :U 63 : 1 0;?• rp • f 1020.04 Veterans' Memorial-Act 934 0.00 - 0.00 t 2 3:3 2 7•7 7 3 1020.05 2009 Byrne Recovery Grant 0.00 105.00 , 1020.06 2009 Byrne Grant 157-66', 0.00 O.OD 1020.07 2007 Byrne Grant 0.00 0.00 2 I +6 0 7' 6 4 '. 1020.08 Cash in Bank- Storm Damage 0.00 0.00 1 '2: U : I 1 I •+ y'•: ', f 1020.09 District Copt Grant-Mediation 0.00 0.00 1020.10 Cash in Bank- HDC 0.00 0.46 o 1020.11 Cash in Bank-KVBB 0.00 1,286.66 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 79,578.57 168,305.94 1020.14 Court Automation-District 3,033.66 50,562.58 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 7,500.14 25,669.43 • i 1020.19 Cash in Bank - ED Co Tax 10,360.78 155,692.24 1 1020.20 Cash In Bank-Erosion Control 75.00 26,175.00 Si 1020.21 Cash in Bank-CPAcademy 0.00 0.00 • 1020.22 Cash In Bank-PEG Grant 0.00 0.00 t 1020.27 Cash in Bank - Levee 0.00 10,639.93 t 1020.28 Marina Repairs 0.00 10,495.60 • 1020.29 Property Maintenance-Scrap 0.00 0.00 1020.30 Field of Dreams-Equipment 33.01 5,600.93 1020.31 Cash in Bank - Parks i Rec 0.00 0.00 1020.32 01F 0.00 0.00 1020.33 Cash in Bank-Yard Waste 775.23 272,161.55 6y'. 1020.34 Cash In BankPublic Facilities 0.00 671.86 S 1020.35 Cash In Bank-Jail 0.00 0.00 a 1020.36 Cash in Bank-Property Cleanup 0.00 14,338.74 Q fl 1020.37 Probation 37.83 57,459.41 1020.51 Cash in Bank -Cemetery 2.18 2,299 45 1020.52 Cemetery-Donations 0.00 32,000.00 1020.60 Cash In Bank-Reserve 180,000.00 90,638.90 ,f 1020.80 Cash in Bank-KOH 1,355.00 1,355.00 T 1020.91 Cash in Bank - Cap Imp 132,822.14 1,017,656.69 1040 Investments 0.00 0.001. z 1040.10 Investments - Sales Tax City 0.00 0.00 66 1: k 1040.18 Investments - PD CO Tax 0.00 0.00 1; 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parks c Rec '1 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 7 ($ 1040.91 Investments - Cap Imp 187.99 381,402.45 F 1 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 noted a few things on the schedule in December. Drennen-Scott House open house is Friday from 5:30- 8:30, Courthouse lighting and the festival of trees is Saturday at 5:30, and the Christmas parade is Saturday December 8th at 6:00. Also,Mayor Freeman mentioned that council meeting will be held on December 17, 2018 due to the Christmas holiday. Mayor Freeman then requested for December 31,2018 be a paid holiday for city employees. Motion was made by Council Member Sparkman and seconded by Council Member Swaim to approve the Mayor's recommendation. The Council followed with a unanimous vote. There being no further business,motion was made by Council Member Wood and seconded by Council Member Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:55 p.m. Tr): A 'PR U VE 411116.1 C CLE -TREASURER MAYOR