04 April 2019 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING APRIL 22, 2019
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, April 22,
2019 at City Hall. The meeting was called to order by Mayor Joseph Hurst. On roll call, the
following Council members answered as their names were called: Council Member Dodson,
Kneeland, Petty, Sparkman, Swaim and Wood. City Clerk-Treasurer Phyllis Thomas and City
Attorney Candice Settle were also present. This made a total of nine (9)present. A quorum was
declared.
The invocation was given by Mrs. Paula Higgins, CASA Volunteer. April is Child Abuse
Awareness month.
Mrs. Higgins then led the Pledge of Allegiance.
City Clerk-Treasurer Phyllis Thomas then swore in Ms. Shari Opdyke-Tokeshi as a new
police officer.
Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on March
25,2019. 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 Dodson. The following voted
nay: none.
On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN
BUREN,ARKANSAS, FOR THE PURPOSE OF PROVIDING FOR THE
DISPOSAL AND DESTRUCTION OF CERTAIN POLICE AND CITY CLERK
RECORDS. The Clerk read the Resolution in its entirety. Mayor Hurst 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 Swaim, Wood, Sparkman,
Kneeland, Petty and Dodson. 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 4-1-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1 -O) -2019
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION OF 11W CITY OF VAN BUREN,ARKANSAS,
FOR THE PURPOSE OF PROVIDING FOR THE DISPOSAL
AND DESTRUCTION OF CERTAIN POLICE AND CITY CLERK
RECORDS.
WHEREAS, the Van Buren Police Department and the Van Buren City Clerk's Office have outdated,
unnecessary and redundant records that need to be disposed of and destroyed;and
WHEREAS, the Van Buren Police Department and the Van Buren City Clerk's Office have identified
said records to be destroyed.
NOW,1111.REFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The Van Buren Police Department is hereby authorized to arrange for the destruction,by
shredding,identified records in accordance with A.C.A.§16-10-211(a)(3)(K)&(L)and
A.C.A.§14-2-204.(see attached listing)
SECTION 2: The Van Buren City Clerk's Office is hereby authorized to arrange for the destruction,by
shredding,identified records in accordance with ARK.Code Annotated§ 14-59-114.(see
attached listing)
IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of (9 for and U against,the foregoing Resolution at its regular meeting
held on the 22'day of April 2019.
,,. P. urst
Mayor
ATTESTED: . 'PR a VED . I ORM:
Ofit YZQi
P lhs Thomas .ice A.Se : �\
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING
PAYMENT TO APAC CENTRAL, INC. FOR ASPHALT FOR THE OVERLAY
OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR
OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Hurst asked
if there was any discussion. Mayor Hurst noted that this is a continual relationship for
road work materials. Council Member Sparkman seconded by Council Member Dodson
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
Dodson. 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 4-2-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.(,�-GSL-2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING PAYMENT TO APAC
CENTRAL,INC.FOR ASPHALT FOR THE OVERLAY OF
STREETS WITHIN THE CITY OF VAN BUREN,
ARKANSAS AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren desires to continue with a program of street repairs and
improvements and as a part of that program the Street Department will overlay
portions of various other interior streets within the City of Van Buren;and
WHEREAS, the Van Buren City Council approved funds in the 2019 budget for street repairs
and in-house projects;and
WHEREAS, ARK. CODE ANN. §14-58-104 waives the requirements for competitive bidding
for asphalt;and
WHEREAS, the City of Van Buren will purchase asphalt from APAC Central, Inc. in the
amount not to exceed$350,000.00 for said projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to pay all invoices to APAC Central, Inc. from Capital
Improvement and Street Funds relating to these overlays and to execute all
documents necessary to effectuate this resolution.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of (.Q for and O against,the foregoing Resolution at its
regular meeting held on the 22"day of April 2019..
Josep ur
Mayor
ATTESTED:
ATP"0 D •._ 0 FORM:
adl
Ph llis Thomas .0•ice A.Settle
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 Kneeland 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 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 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. Mr.
Stan Green explained to the council that he plans to build five single story units at this
location. Building Inspector David Martin noted that it is right along the city ditch and at
the edge of the commercial zone so he approved of the placement. Council Member Petty
expressed concern over the property being surrounded by R2 and possible spot zoning.
City Attorney Candice Settle replied that the issue of spot zoning was addressed at the
Planning Commission meeting.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Swaim and seconded by Council Member Sparkman to adopt the Ordinance.
On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Swaim,
Wood, Sparkman, Kneeland, Petty and Dodson. 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 06-2019
CITY OF VAN BUREN,ARKANSAS '- -
Lavman's Description
ORDINANCE NO.ok-2019
118 North 20th,Van Buren,Arkansas
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning
BUREN MUNICIPAL CODE O.4 14 01 OR THE PURPOSE OF Commission,in accordance with ACA.§14-56-422.
REZONING CERTAIN PROPERTY IN THE CITY OF VAN
BUREN,ARKANSAS,AMENDING THE ZONING MAP OF THE
CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
PURPOSES.
THE CITY OF VAN BUREN,ARKANSAS,THAT:
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 fust class;and
SECTION 1• The above-described property is hereby rezoned from R-2 to R-3 and the Van Buren
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren
(Ordinance No.7-1963);and Zoning Map is amended to reflect this rezoning.
WHEREAS, a request has been made by Stan Green,to mzone certain property within the city limits
of the City of Van Buren;and
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
WHEREAS, notice of a Public Hearing was duly published in the Press Argus on March 16,2019,and approve,and adopt,by a vote of (a for and(( against,the foregoing Ordinance at its regular meeting
a public hearing was cohducted as required by law(A.C.A§14-56422)on April 2, held on the 22e0 day of April 2019.
2019;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: - 14 P urs[
Mayor
Propertv7nned New on'a¢
R-2(Two-Family Residential District R ATTESTED: t'RO�r AS a FORM:
-3(Multi-family Residential District) umis
n
1�aal Desc btion T ad_
Ph Ills Thomas J
City Clerk/Treasurer Candice A.Settle
Part of the Southwest Quarter of the SoutheastCity Attomey
QuCrawford County,Arkansas being more particularly descr bed as foer of Section llows:
Commencing
9 North,Range 31 West,
Commencing at Southwest Corner of the Southwest Quarter of the Southeast Quarter.Thence along the
West hne of said Forty,North 02 degrees 19 minutes 50 seconds East,251.97 feet to an existing p/k nail
and the Point of Beginning.Thence continue along said West line,North 02 degrees 19 minutes 50
seconds East,242.60 feet to a set p/k nail.Thence leaving said West line South 87 degrees 53 minutes 23
seconds East,342.41 feet to an existing iron pin Thence South 06 degrees 03 minutes 10 seconds East,
121.28 feet.Thence South 66 degrees 48 minutes 59 seconds West,286.27 feet to a set rebar with cap.
Thence North 88 degrees St minutes 07 seconds West,101.74 feet to the Point of Beginning,containing
1.62 acres and subject to Street Rights of Way and any Easements of Record.
Next on the agenda was the Financial Statement. Motion was made by Council
Member Swaim and seconded by Council Member Dodson to appropriate the sum of
$1,386,302.46 to pay expenses and salaries for March 2019,presented by the clerk. The
Council followed with a unanimous vote.
',. 4-02-2019 11:49 AM CITY OF VAN B URE N PAGE: 1
{ TRIAL BALANCE.�
AS OF: e9RtCH 31gT, 2019 _
P
, 10 -General Fund
;, ". MONTH TO DATE *** *** YEAR TO DATE ***
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
+' ASSETS
asn�a
1000 Petty Cash 0.00 200.00 1 / 183,097-38+
1020 Cash in Bank 124,494.05 109,510.22 105,192-38+
V
i 1020.01 Cash In Bank-Ins. Reimb. 38,703.00 39,265.28 312-09+
H, 1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 0.00
Cil 1020.04 Veterans' Memorial-Act 934
97,700•61 +
M 0.00 0.00 1020.05 2009 2009 B me Recovery
r Grant
0.00 0.00 1 ,386,302•46*
# 1020.06 2009 Byrne Grant 0.00 0.00 4
1020.07 2007 Byrne Grant 0.00 0.00
8 i 1020.08 Cash in Bank- Storm Damage 0.00 0.00
11 1020.09 District Cout Grant-Mediation 0.00 0.00
l1020.10 Cash in Bank- HDC 0.00 154.74 a
1020.11 Cash in Bank-EVBB 0.00 0.00 I7�
1020.12 Emergency Management Fund 0.00 0.00 '.
1020.13 Cash In Bank-ACT 833 23,110.09 117,231.58 -
1020.14 Court Automation-District 1,286.96 54,049.32 [r
1020.15 Cash in Bank-ACT 1314 0.00 0.00 M`
i, 1020.16 AR Dept of Rural Services 0.00 0.00 `'.
i� 1020.17 New Police Dept 0.00 0.00
1020.18 Cash in Bank- PD Co Tax 45,296.02 20,753.13
f 1020.19 Cash in Bank- FD Co Tax 13,785.71 212,283.42
1'
1020.20 Cash In Bank-Erosion Control 225.00 26,900.00
I 1020.21 Cash in Bank-CPAcademy 1,000.00 1,000.00
f.
1020.22 Cash In Bank-PEG Grant 0.00 0.00
1020.27 Cash in Bank- Levee 0.00 9,989.93 ,
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 0.00 0.00
1
i1 1020.30 Field of Dreams-Equipment 264.55 3,414.52
, 1020.31 Cash in Bank - Parks a Rec 0.00 0.00
1020.32 GIF i
0.00 0.00
1020.33 Cash in Bank-Yard Waste 2,763.19 177,421.14
1020.34 Cash In BankPublic Facilities 0.00 0.00
1020.35 Cash In Bank-Jail 3,731.43 3,731.43
1020.36 Cash in Bank-Property Cleanup 0.00 14,338.74
1020.37 Probation 417.09 60,935.26
1020.51 Cash in Bank- Cemetery 26.63 2,410.92
1020.52 Cemetery-Donations 0.00 2,541.00
1020.60 Cash In Bank-Reserve 0.00 488,913.19 .,
1020.80 Cash in Bank-KOH 100.00 100.00
1020.91 Cash in Bank- Cap Imp 10,576.17 1,176,140.30 k,
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 E
1040.19 Investments - FD Co Tax 0.00 0.00 I,:.
1040.27 Investments - Levee 0.00 0.00 {..
1040.31 Investments - Parks & Rec 0.00 0.00
1040.51 Investments - Cemetery ' 0.00 38,752.59
1040.91 Investments - Cap Imp 175.91 382,350.11
Next on the agenda was Boards and Commissions. The Van Buren Civil Service
Commission recommended the appointment of Doug Brooks to a six year term. Council
Member Sparkman, seconded by Council Member Wood made a motion to grant the
nomination. The Council followed with a unanimous vote.
The Van Buren Planning Commission recommended the reappointment of Mark
Evans,Jason Myers, John Symonds, and Tiffany Webster 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.
Next Police, Fire, Building Inspector, Public Works/Planning,Ambulance and
Almost Home Shelter& Rescue 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 considered a
request from Butterfield Middle School to close a portion of 13th Street for their annual outdoor
concert on June 7, 2019 from 8:00 a.m.-10:00 p.m. Motion was made by Council Member Wood
and seconded by Council Member Swaim. The council followed with a unanimous vote.
Connie Martin with the Almost Home Shelter gave a quarterly update on the shelter's
status. Council Member Swaim asked if the shelter has to pay for the transports to Memphis and
Little Rock. Mrs. Martin replied that thanks to USA Truck and several local company's
donations they were able to purchase a used van for transports and are only out the money for
fuel.
Mayor Hurst gave a brief presentation regarding Y2 cent sales tax that will be expiring at
the end of the year. He would like to form a research task force to research what to do moving
forward.
Mayor Hurst also noted that the next council meeting will be May 20th due to the
Memorial Day holiday and next weekend is our annual E-Waste event.
There being no further business,motion was made by Council Member Sparkman and
seconded by Council Member Dodson to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 6:25 p.m.
W
ST D: APPROVED:
CI CLE -TREASURER MAYOR/ "