05 May 2019 Regular • MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING MAY 20, 2019
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday, May 20,
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 and Wood. City Clerk-Treasurer Phyllis Thomas and City Attorney
Candice Settle were also present. Council Member Swaim was absent. This made a total of eight
(8)present. A quorum was declared.
The invocation was given by Pastor Daniel Stewart,North Park Baptist Church.
Mr. Stewart then led the Pledge of Allegiance.
Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on April
22, 2019. Council Member Petty 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 and Dodson. The following voted nay: none.
On the agenda next was to consider A RESOLUTION EXPRESSING THE
WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS, TO PARTNER
WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE
FOLLOWING PROJECT; JOB 040714,I-40/HWY. 59 INTERCHANGE
IMPROVEMENTS. (S) The Clerk read the Resolution in its entirety. Mayor Hurst
asked if there was any discussion. Mayor Hurst said that nothing within the partnership
had changed- we are just making it official by passing a resolution. Council Member
Petty recapped details of partnership. Council Member Petty 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 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 5-1-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.0 S -o I-2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION EXPRESSING THE WILLINGNESS OF 111r.
CITY OF VAN BUREN,ARKANSAS,TO PARTNER WITH 1'HL
ARKANSAS DEPARTMENT OF TRANSPORTATION FOR 1'HL
FOLLOWING PROJECT; JOB 040714, I-40 / HWY. 59
INTERCHANGE IMPROVEMENTS.(S)
WHEREAS, the City of Van Buren(City)and the Arkansas Department of Transportation(Department)
have identified the need of improvements at the Highway 59 interchange with Interstate 40
in Van Buren;and
WHEREAS, the City has offered to partner with the Department for these improvements by committing
20%of the project costs,up to a maximum of$3 million;and
WHEREAS, the Department will handle all phases of the project and provide all additional funding.
NOW, THEREFORE, BE IT RESOLVED BY TUE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The City will participate in accordance with its designated responsibilities in this
project.
SECTION 2: The Mayor or his designated representative is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite construction
of this project.
SECTION 3: The City pledges its full support and hereby requests that the Arkansas Department
of Transportation initiate action to implement this project.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did
pass,approve,and adopt,by a vote of 5 for and U against,the foregoing Resolution
at its regular meeting held on the 20th day of May 2019.
Joseph P. ur
Mayor
ATTESTED: : .P 0► AS TO FORM:
PhyIliS Thomas C Cans• 4 ettle
City Clerk/Treasurer —City Attorney
-
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF GOODWIN AND GOODWIN,INC. FOR ASPHALT MILLING WORK AS
PART OF THE 2019 IN-HOUSE STREET OVERLAY PROJECT; AND FOR
OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Hurst asked
if there was any discussion. There was none. Council Member Wood 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 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 5-2-2019
•
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05-OZ-2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF GOODWIN
AND GOODWIN,INC.FOR ASPHALT MILLING WORK AS
PART OF THE 2019 IN-HOUSE STREET OVERLAY
PROJECT;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for asphalt milling work as part of
the 2019 In-House Overlay Project;and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Goodwin and Goodwin,Inc.was the lowest bidder meeting the bid
specifications;and
WHEREAS, the City of Van Buren has determined that the bid of Goodwin and Goodwin,Inc.
is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS, THAT:
SECTION 1: The City of Van Buren,Arkansas accepts the bid$4.00 per square yard for asphalt
milling as submitted by Goodwin and Goodwin,Inc.,as set forth in"Exhibit A"
attached hereto.
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 project from Capital
Improvement funds and to execute all documents necessary to effectuate the
agreement.
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 0 against,the foregoing Resolution
at its regular meeting held on the 20th day of May 2019.
isr'X)k-/a- e{ 7 ---
Joseph P. st
Mayor
ATTESTED: APPROVED AS TO FORM:
`Dyilae446-4-4
cJrJma �.
Phyllis Thomas ... --P,. ,-
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ADOPTING A
BICYCLE AND PEDESTRIAN PLAN FOR 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 explained that this
is a regional plan to make our area more walkable and bike accessible. 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 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 5-3-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05 -03 -2019
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ADOPTING A BICYCLE AND
PEDESTRIAN PLAN FOR THE CITY OF VAN BUREN,
ARKANSAS,AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas desires to prioritize parks and recreation •
improvements within the City, and in order to commence the projects the City
Council approves the development of a Bicycle and Pedestrian Plan;and
WHEREAS, the citizens of Van Buren, Arkansas participated in the development of the
Bicycle and Pedestrian Plan through meetings of the Van Buren Parks and
Recreation Commission, responding to an online survey, and through other
public meetings and community events held at various stages of the plan
development;and
WHEREAS, the completed Bicycle and Pedestrian Plan will serve as a framework for creating
a walkable and bikeable community in the City of Van Buren,Arkansas,and as a
guide for budgeting for improvements on an annual basis,and for the application
of grants through various sources;and
WHEREAS, the Parks and Recreation Commission has recommended that the City Council
adopt the Van Buren Bicycle and Pedestrian Plan dated May 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Bicycle and Pedestrian Plan,dated May 2019,is hereby adopted by the City
of Van Buren to be used as a framework for guiding the improvements and
development of the parks and recreation facilities in the City of Van Buren,
Arkansas.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did
pass, approve, and adopt,by a vote of 5 for and Q against,the foregoing Resolution at its
regular meeting held on the 20th of May 2019. P- 6cLr—
Joseph P.Hurst--
Mayor
ATTESTED: • 'PRI 41 11): ' I ORM:
`P e't
11.
Phyl ..__• -A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE AMENDING
ATTACHMENT "A" OF ORDINANCE NO. 20-2011 ESTABLISHING
PROCEDURES FOR RESIDENTS OF THE CITY OF VAN BUREN,ARKANSAS,
TO ACQUIRE A FENCE PERMIT; PROVIDING A VARIANCE PROCESS
THROUGH THE BOARD OF ADJUSTMENT; PROVIDING AN APPEALS
PROCESS THROUGH THE CITY COUNCIL; 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 Kneeland. 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 Dodson. 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. Mayor
Hurst stated that the original ordinance was passed in an effort to help the utility
companies with easements, but over the years things have change and it has been
recommended by the Planning Commission this solution best accommodates the property
owners and utility companies.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Sparkman and seconded by Council Member Dodson to adopt the Ordinance.
On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood,
Sparkman, Kneeland, Petty and Dodson. Nays—None. The Mayor declared the motion carried as
there were five (5) 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 07-2019
CITY OF VAN BUREN,ARKANSAS I NOW,THEREFORE,BE IT ORDAINED BY 1Hb,CITY COUNCIL OF 1H.F,
ORDINANCE NO.07-2019 CITY OF VAN BUREN,ARKANSAS,THAT:
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, SECTION 1: The amended fence permit procedures are hereby set forth in the amended
ARKANSAS,AN ORDINANCE TO BE ENTITLED: attachment"A"hereto.
AN ORDINANCE AMENDING ATTACHMENT "A" OF SECTION 2: Whenever the fence permit applicant confronts a unique or peculiar hardship
ORDINANCE NO. 20-2011 ESTABLISHING PROCEDURES that prohibits the applicant from following the procedures as set forth in
FOR RESIDENTS OF 1'I±H,CITY OF VAN BUREN,ARKANSAS, attachment"A",the Board of Adjustment may vary or modify such procedures
TO ACQUIRE A FENCE PERMIT;PROVIDING A VARIANCE in such a way that is consistent with public welfare and safety. t
PROCESS THROUGH THE BOARD OF ADJUSTMENT;
PROVIDING AN APPEALS PROCESS THROUGH 11:tL CITY SECTION 3: In the event a variance request by the applicant is disapproved by the Board of
COUNCIL;AND FOR OTHER PURPOSES. Adjustment,the applicant may petition the City Council for a review of the
variance vote. The Council may sustain the disapproval of the Board of
WHEREAS, it has been determined by Contractors and Developers that there is a need to Adjustment or refer the variance back to the Board of Adjustment for
amend the fence construction procedures and to clarify the procedures as it additional study and action as may be consistent with the requirements of the
pertains to utility and drainage easements;and procedures.
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was SECTION 4: The passage and approval of these amended fence permit procedures will
conducted by the Van Buren Planning Commission to consider these amended protect the health,safety,and or/welfare of the City and its citizens.
procedures;and
SECTION 5: Should any portion of this amended ordinance be Unconstitutional or invalid
WHEREAS, the amended procedures herein were recommended by a majority vote of the and so declared by a court of competent jurisdiction,then the remainder of this
entire Planning Commission. ordinance shall not be affected by such partial invalidity.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
a pass,approve,and adopt,by a vote of,for and iD against,the foregoing Ordinance at its
regular meeting held on the 20°'day of May 2019.
JHJosepur
Mayor
ATTESTED: • 'PROVED w a FORM:
Phy Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Council
Member Petty and seconded by Council Member Wood to appropriate the sum of
$1,244,353.80 to pay expenses and salaries for April 2019,presented by the clerk. The
Council followed with a unanimous vote.
5-01-2019 03:46 PM CITY OF VAN BUREN PAGE: 1
TRIAL BAL mrs ..-***- ---.--�
AS OF: APRIL 30TH, 2019
10 -General Fund
••` MONTH TO DATE ••* ••• YEAR TO DATE •"
ACCTY ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 170,106.54 283,253.30 1 ,044,939•11 +
1020.01 Cash In Bank-Ins. Reimb. 3,304.45 35,960.83 _
1020.03 Cash In Bank-ASP's6Nalmart Gra 0.00 0.00 5,8 6•29+
1020.04 Veterans' Memorial-Act 934 0.00 0.00 154•60+
1020.05 2009 Byrne Recovery Grant 0.00 0.00 113'423 .80+
1020.06 2009 Byrne Grant 0.00 0.00 1 244 353•80*
1020.07 2007 Byrne Grant 0.00 0.00
1020.08 Cash in Bank- Storm Damage - 0.00 0.00
1020.09 District Cout Grant-Mediation 0.00 0.00
1020.10 Cash in Bank-HDC 160.00 5.26
1020.11 Cash in Bank-KVBB 0.00 0.00
. 1020.12 Emergency Management Fund 0.00 0.00
1020.13 Cash In Bank-ACT 833 0.00 117,231.5B
1020.14 Court Automation-District 1,828.56 55,877.88
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 21,810.97 42,564.10
1020.19 Cash in Bank - FD Co Tax 25,478.43 237,761.85
?' 1020.20 Cash In Bank-Erosion Control 175.00 27,075.00
1020.21 Cash in Bank-CPAcademy 0.00 1,000.00
t 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
,.I 1020.29 Property Maintenance-Scrap 0.00 0.00
1020.30 Field of Dreams-Equipment 0.00 3,414.52
.i 1020.31 Cash in Bank - Parks 6 Rec 0.00 0.00
1020.32 GIF 0.00 0.00
1020.33 Cash in Bank-Yard Waste 3,765.14 181,186.28
1020.34 Cash In BankPublic Facilities 0.00 0.00
1020.35 Cash In Bank-Jail 3,538.50 7,269.93
1020.36 Cash in Bank-Property Cleanup 0.00 14,338.74
1020.37 Probation 1,175.54 59,759.72
1.
1020.51 Cash in Bank - Cemetery 33.15 2,444.07
1020.52 Cemetery-Donations 270.00 2,811.00
1020.60 Cash In Bank-Reserve 130,OOD.00 358,913.19
1020.80 Cash in Bank-KOH 2,527.65 2,627.65
1 1020.91 Cash in Bank -Cap Imp 91,981.05 1,268,121.35
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
t 1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks 6 Rec 0.00 0.00
1040.51 Investments - Cemetery 0.00 38,752.59
i 1040.91 Investments - Cap Imp A 707.92 383,058.03
i
Next on the agenda was Boards and Commissions. The Van Buren Historic
District Commission recommended the re-appointment of Paul Gibson and Derald Porter
to another six year term, as well as, the appointment of Lonnie London to a six year term.
Council Member Petty, seconded by Council Member Dodson 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. Mayor Hurst notified the
council that the City of Van Buren was fully reimbursed by the State for.all expenses we
incurred from the tornado clean up in December 2018.
Randall Carter at 2013 Falls Branch Road appeared before the council in preparation for
Chad Cox's appeal from the Planning Commission meeting. He asked what the time limit
requirement is for posting the council agenda before the meeting. Mayor Hurst replied that it
should be posted two hours prior to the meeting. Mr. Carter stated that as of 5:30 p.m. it had not
been posted online. Mayor Hurst apologized and stated we have complied with the law, but there
must have been a glitch in the system posting it to the city's website. Mr. Carter then asked what
legal ramifications can be done to prevent Mr. Cox from building HUD homes in their
neighborhood. Mayor Hurst stated that by right it is zoned R-1 Residential, therefore any single
family home can be built there.
There being no further business, motion was made by Council Member Wood and
seconded by Council Member Kneeland to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 6:05 p.m.
AT TE : APPROVED:
c4_/1J
CITY ERK- REASURER MAYOR