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07 July 2013 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JULY 15, 2013 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, July 15, 2013 at the Van Buren Library. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Parker, Blake, Moore, Ragsdale, Dodd and Sagely. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle were present. City Clerk- Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was declared. The invocation was given by Chad Adams, Deacon of First Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. Mayor Freeman recognized and congratulated Chad for his new position as the District Engineer for the District's Highway Department. He took Joe Shipman's place. Mayor Freeman recognized Michael Boster and Corey Iovinelli for their recent graduation from the fire academy. Michael was top rookie of the class and Corey was 2nd in academics. Corey and Michael were hired within the fire department in February and April respectively. Alderman Dodd commented that she thinks it's great that someone from Van Buren would choose to stay here and raise their family here and then also work for our city. Mayor Freeman mentioned that Tankersley Foodservice had a fire on Saturday and asked if the two attended the fire. Both responded yes. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on June 17, 2013. Alderman Parker made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call, the following Council members voted aye: Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. The following voted nay: none. 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. Police Chief Kenneth Bell explained that the robot was under warranty and not working properly, so it is being replaced. Alderman Ragsdale seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 7 -1 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. '1 1 2013 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 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. 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 $4,579.20 Primera Bravo 4101 DVD PD -710 Robot S #0056 IN WITNESS WHEREOF, he City of Van B kansas, by its City Council, did pass, approve, and adopt, by a vote of 4 for and Q ag t e foregoing Resolution at its regular meeting held on the 15 day of July 2013. F Robert D. Free .4 ATTESTED: APP' 't 1 T I e e at/Q.' dktaA tea $aeries Candice A. Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "LEGACY VALLEY PHASE 3" WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Parker seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 7 -2 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. '7 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "LEGACY VALLEY PHASE 3" WITHIN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Arkansas, with all powers, authority and duties of a city of the first class, and under such authority has adopted the Subdivision Regulations for the City of Van Buren (Ordinance No. 7- 2003); and WHEREAS, the Van Buren Planning Commission has reviewed and approved this final plat on July 2, 2013; and WHEREAS, as a result of this meeting, the proposed Final Plat hereto was recommended by a majority vote of the entire Van Buren Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY 1'HE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van Buren Subdivision Regulations Title 15 et sq., being executed to assure that all improvements are put in and that all requirements of the Planning Commission are met, the submitted Final Plat for Legacy Valley Phase 3 within the City of Van Buren, is hereby approved and accepted. SECTION 2: The Mayor is hereby authorized and directed to sign said plat document and the City Clerk is authorized and directed to attest to the same, upon acceptance of the constructed improvements by the City, or, upon filing of any necessary bonds with the City Clerk. IN WITNESS WHEREOF the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 6 for and 0 against, the fo Resolution at its regular meeting held on the 15` day of July 2013. Robert D. Fr= n Mayor ATTESTED: PR D 0 FORM: Candice A. Settle D. ,c City Clerk /Treasurer City Attorney On the agenda next was to consider A RESOLUTION AWARDING A SERVICE SIDEARM TO PATROL SERGEANT D. WADE ROGERS UPON HIS RETIREMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman stated that Wade had been with the police department for 32 years and there was going to be a retirement ceremony. Police Chief Kenneth Bell added that the ceremony would be held August 2 at 2:00 p.m. Alderman Moore seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 7 -3 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 7 3 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AWARDING A SERVICE SIDEARM TO PATROL SERGEANT D. WADE ROGERS UPON HIS RETIREMENT. WHEREAS, Van Buren Police Sergeant D. Wade Rogers is retiring from the City on August 1, 2013 after 32 years of service; and WHEREAS, Patrol Sergeant D. Wade Rogers has demonstrated his dedication to duty and to the citizens of the City of Van Buren; and WHEREAS, upon regular service retirement under honorable circumstances, the City wishes to recognize Sergeant D. Wade Rogers' service as a police officer, and award to him his issued sidearm carried by him at the time of his retirement from service. NOW, 'I HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council for the City of Van Buren adopts this resolution awarding this service Sidearm, a Glock 22 Generation 4.40 caliber pistol, Serial Number SZE024 to Patrol Sergeant D. Wade Rogers upon his retirement August 1, 2013. IN WITNESS WHEREOF, the City of Van Buren, Arkan .y its City Council, did pass, approve, and adopt, by a vote of b for and O against, the fore:oing '•-solution at its regul meeting held on the 15" of July 2013. Robert D. Fre an Mayor ATTESTED: 0/7 O FORM: Bartriei s Candi."7 City Clerk,Treasurer City Attorney On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE NO. 9 -2012 TO MODIFY THE GOODS AUTHORIZED TO BE SOLD AT THE FARMERS MARKET; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Blake. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Parker moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. 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. Mitch Carolan, overseer of the Farmer's Market this year, spoke to the council. He said about five years ago they started with three to four vendors and last year there were twenty -nine vendors. He noted that Chaffee Crossing has opened a Farmer's Market and that they were pulling our vendors away from here because they are allowed to sell handmade crafts. Fort Smith is also asking our vendors to set up there. He asked Gail Johnson to stand up and show the rugs she had made. Gail said she also makes jellies and jams. Mitch stated we have very talented craftsmen. Mitch had Yasmeen Cardoza to stand and show the bowties she made. Alderman Parker stated that the Grower's Association were the ones who originally requested that hand crafts not to be sold at the Farmer's Market. She also stated that we want what they want. Alderman Sagely asked how the people downtown felt. Barbara Little stated that the Farmer's Market is no longer downtown. It is now held full time at the Library and they have the Library's full support. Alderman Dodd noted that she liked the idea that they would be approving the vendors. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Dodd and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. 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 Alderman Dodd and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Parker, Blake, Moore and Ragsdale. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 7 -2013 CITY OF VAN BU1tEN, ARKANSAS SECTION 1: Section 4 of Ordinance 9 -2012 is amended tional, inappropriate, or invalid by any court of compe- ORDINANCENO. 7 -2013 to provide and substitute the goods authorized to be tent jurisdiction, such holding shall not invalidate or BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY sold at the farmers market to include: affect the remainder of this Ordinance and to that ex- 1 OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE tent the provisions hereto are declared to be sever ENTITLED: 1. Fruits, vegetables, field crops. .able. AN ORDINANCE AMENDING ORDINANCE NO 9-20U 2. Plants, flowers (fresh and dried), herbs, tree and TO MODIFY THE GOODS AUTHORIZED TO BE SOLD AT garden related items. SECTION 4: All ordinances, resolutions or other acts of THE FARMERS MARKET; DECLARING AN EMERGENCY, 3. Honey, eggs, nuts, baked goods, jams and jellies, the City in conflict with the terms hereof are repealed AND FOR OTHER PURPOSE. candy, fruit butters, cheese, condiments. or amended to the extent of any such conflict. The re- WHEREAS, the Farmers Market Growers Association 4. Dairy products. maining provisions of Ordinance No. 14 -2008 and Ordi- wishes to allow handmade crafts to be sold at the 5. Handmade crafts. nance No. 9 -2012 not specifically modified or amended farmers market in the City of Van Buren; and herein remain in full force and effect. WHEREAS, it is necessary to amend Ordinance No. All products sold at the farmers market must be pro 9 -2012 in order to allow for the selling of such crafts; duced in compliance with all applicable regulations of IN WITNESS WHEREOF, the City of Van Buren, Arkan- and the U.S. Department of Health, and/or the U.S. Depart- sas, by its City Council, did pass, approve, and adopt, WHEREAS, the amendment of Ordinance No. 9 -2012 ment of Agriculture, and/or any like agency or agen- by a vote of 6 for and 0 against, the foregoing will benefit area farmers and the producers of crafts, cies of the State of Arkansas. All crafts will be re- Ordinance at its regular meeting held on the 15th day food goods and produce; local businesses that use viewed and approved by the Farmers Market Growers of July 2013. food products; and consumers of all income levels who Association before they are offered for sale at the will gain access to healthier, fresher, less transported marketplace. Only original handcrafted, finished Robert D. Freeman foods, in addition to supporting regional agriculture; items shall be displayed and offered for sale at the Mayor and marketplace. WHEREAS, the City of Van Buren finds that without ATTESTED: immediate passage the farmers market will no longer SECTION 2: Emergency Clause. The Van Buren City Connie Hyatt exist which will fail to satisfy the purposes set forth Council has determined that an emergency exists and Deputy City Clerk herein, and, therefore, for the protection of the health, that the immediate adoption and enforcement of this welfare and safety of the inhabitants of the City of Van Ordinance being necessary for the public peace, APPROVED AS TO FORM: Buren, and as herein set out, an emergency exists and health, safety and welfare, the provisions hereof shall Candice A. Settle is hereby declared to exist, and this ordinance shall be be in full force and effect from and after its passage. City Attorney and become effective immediately upon this passage and adoption by the City Council. SECTION 3: The various provisions and parts of this Published in the July 17, 2013 issue of the Press Argus NOW, THEREFORE, BE IT ORDAINED BY THE CITY Ordinance are hereby declared to be severable, and, if Courier COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, any section or part of a section, or any provision or THAT: I part of a provision herein, is declared to be unconstitu- 1 Next on the agenda was the Financial Statement. Motion was made by Alderman Ragsdale and seconded by Alderman Blake to appropriate the sum of 1,550,843.00 to pay expenses and salaries for June 2013, presented by the Deputy City Clerk. The Council followed with a unanimous vote. 7 -01 -2013 09,22 AM C I T Y O F V 0 B U R E N PAGE: 1 TRIAL BALANCE 1,--- -------.i AS OF: JUNE 30TH, 2013 10 General Fund MONTH TO DATE YEAR TO DATE ACCT6 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS II 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 156,545.31 313,396.79 1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00 1020.03 Cash In Bank- ASP's6Walmart Gra 0.00 0.00 0 4 1020.04 Veterans' Memorial -Act 934 0.00 276 -.00 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1:; 1 7 7 6 (.2 1020.06 2009 Byrne Grant 0.00 0.00 1020.07 2007 Byrne Grant 0.00 0.00 1 3 1 D 7 a 1020.08 Cash in Bank- Storm Damage 0.00 0.00 1 2 00 3 s 0 1020.09 District Cout Grant Mediation 0.00 25.00 7 6 4 9 8 1 1020.10 Cash in Bank HDC 0.00 1,515.17 5,473 -37w 1020.11 Cash in Bank -KVBB 0.00 168.92 1020.12 Emergency Management Fund 0.00 0.00 J 7 1020.13 Cash In Bank -ACT 833 2,684.96 41,335.57 2 5 9 7 1 9 1020.14 Court Automation District 2,288.53 88,234.70 00 7 1020.15 Cash in Bank -ACT 1314 0.00 0.00 1 e 'J..' 9 0 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 31,750.00 1020.18 Cash in Bank PD Co Tax 22,849.00 22,608.64 1020.19 Cash in Bank FD Co Tax 7,667.61 77,119.10 1020.20 Cash In Bank- Erosion Control 200.00 13,125.00 1020.21 Cash in Bank CPAcademy 114.13 761.22 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00 1020.27 Cash in Bank Levee 650.00 7,095.26 1020.28 Marina Repairs 182.47 10,495.60 1020.29 Property Maintenance -Scrap 0.00 63.25 1020.30 Field of Dreams Equipment 0.00 780.14 1020.31 Cash in Bank Parks 4 Rec 12,630.88 19,737.05 f 1020.32 GIF -Parks Recreation 0.00 0.00 1020.33 Cash in Bank -Yard Waste 6,402.81 148,621.68 1020.51 Cash in Bank Cemetery 1,861.65 5,532.35 :i 1020.91 Cash in Bank Cap Imp 37,565.59 136,082.58 r�j 1040 Investments 0.00 0.00 `1 1040.10 Investments Sales Tax City 0.00 0.00 1040.18 Investments PD Co Tax 0.00 0.00 0.00 1040.19 Investments FD Co Tax 0.00 U 1040.27 Investments Levee 0.00 0.00 4 1040.31 Investments Parks Rec 0.00 0.00 ii 1040.51 Investments Cemetery 0.00 38,752.59 i* 1040.91 Investments Cap Imp 157.78 621,701.70 .i 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 I 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.86 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE Next Police, Fire, Building Inspector, Engineering, District Court, 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 provided the council copies of the Revenue and Expense reports showing a six year snapshot from 2006 -2013, and went through those very briefly. Mayor Freeman also mentioned that 16 Street signalization continues. They are not ahead of schedule but really booking it to try to get it done before school starts. The signals will not be done until October, but they are hoping to be out of the street by school starting in August. Also, Rena Road is projected to be completed in October. Alderman Parker commented on how lovely the Library is. There being no further business, motion was made by Alderman Parker and seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:40 p.m. ATTESTED: A' PR I VED: et 110 ALI CITY CLERK TREASURER M YOR