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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 WHEREAS, the Van Buren Police Department and the Van Buren City Clerk's Office have outdated, unnecessary and redundant records that need to be disposed of and destroyed;and WHEREAS, the Van Buren Police Department and the Van Buren City Clerk's Office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/ "