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08 August 2013 Regular i r MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING AUGUST 19, 2013 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, August 19, 2013 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: Alderman Parker, Blake, Moore, Ragsdale, Dodd and Sagely. City Clerk- Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Pastor Patrick Kimberland of Butterfield Assembly of God Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on July 15, 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 Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR GRANT FUNDS FOR THE EXPANSION OF BEKAERT CORPORATION. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that the project will be $265,000.00 for the expansion improvements on the parking lot. The application process would be executed by the City of Van Buren, but it is actually a Bekaert application process with Western Arkansas Planning and Development District. The funds will come into the city from the state and be administered out for the monitoring of the forty -five jobs. 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 Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 8 -1 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR GRANT FUNDS FOR THE EXPANSION OF BEKAERT CORPORATION. WHEREAS, the City of Van Buren is applying to the State of Arkansas for an Arkansas Community and Economic Development Grant; and WHEREAS, it is necessary that certain conditions be met as part of the application requirements; and WHEREAS, the City of Van Buren has conducted a public hearing as part of the application process to receive and consider comments on community development and housing needs, and proposed activities; and WHEREAS, as a result of the public hearing, the City of Van Buren will identify and prioritize the community development and housing needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: Section 1: The Mayor is authorized to submit an application to the State of Arkansas, on behalf of the City of Van Buren, for the expansion of the Bekaert Corporation in Van Buren, Arkansas and for the creation of 45 new full -time jobs if the grant is awarded. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of La for and 0 against e foregoing Resolution at its regular meeting held on the 19 day of August 2013. Robert i reema Mayor AT JESTED: OVED AS TO FORM: Barbie Curtis e le City Clerk/Treasurer City A�ornQ33 On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT, INC., TO ASSIST THE CITY OF VAN BUREN WITH ADMINISTRATION OF AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman added that as a part of the grant process, the monitoring of the forty -five jobs is directly tied to the Bekaert applications. Western Arkansas Planning and Development District will do the applications, the follow up, and will apply for the funds. 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 Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 8 -2 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 02. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT, INC., TO ASSIST THE CITY OF VAN BUREN WITH ADMINISTRATION OF AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT. WHEREAS, the City of Van Buren, Arkansas is applying to the Arkansas Economic Development Commission and anticipates being awarded an economic development grant set -aside for industry with the Economic Development Program; and WHEREAS, the City of Van Buren, Arkansas recognizes the need for assistance in administering the ACEDP grant in compliance with the Arkansas Economic Development Commission's regulations and State and Federal Statues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, 'THAT: SECTION 1: The City Council of the City of Van Buren hereby authorizes the Mayor to enter into an Administrative Services Contract with the Western Arkansas Planning and Development District, Inc., for the purposes of properly administering the Van Buren ACEDP grant, if awarded. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 6 for s against the foregoing Resolution at its regular meeting held on the 19 day of August 21 Robert D. F -man Mayor PRO i ATTESTED A'. T FORM: Barbie Curtis '�Candiee A. Settle City Clerk/Treasurer City Attorney 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. Mayor Freeman explained that the first two items were two servers; one acquired in 2007 and the other in 2009. Those were critical pieces of software in the city clerk's office that needed to be replaced. The third item from the police department was a copy machine that was acquired in 2005 and is being used as a trade -in on a new copy machine. Alderman Dodd seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 8 -3 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 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 City Clerk $4017.60 HP Proliant Server CC -63 S/N MXQ913012J City Clerk $3295.50 HP Network Server CC -62 S/N MXQ73501ES Police Dept $4075.00 Canon Copy Machine PD -596 S/N KJCO3252 IN WITNESS WHEREOF, the City of Van Buren Arkansas, by its City Council, did pass, J approve, and adopt, by a vote of for and 0 ag. i t foregoing Resolution at its regular meeting held on the 19 day of August 2013. 0 11 Robert II. Fre an Mayor ATTESTED: APPROyED S TO FORM: Barbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney Next, City Planner Joe Hurst and GIS /IT Coordinator Kristifier Paxton did a presentation concerning a 50/50 match grant. Joe Hurst, as he goes through the presentation, comments on the three projects: First, after commenting on the game "pickle ball," he discussed resurfacing the basketball court at the park in Rolling Hills by adding in a pickle ball area. The estimated cost would be $25,000.00. The second project is the adding of restrooms at the city park and the burial of city utility cables underground. The estimated cost would be $75,000.00. Lastly, a project at the Field of Dreams constructing a couple of covered pavilions and adding play ground equipment. The price would be $30,000.00 to construct two of these pavilions. With the 50/50 match the total for all of these projects could end up ranging from $80,000.00 to $85,000.00. Mayor Freeman interjected that in the past the issues with the grants had been the lack of funds to match. He noted the key factors and acknowledges the necessities of the people. Therefore, adding the goal to continue the process and work towards the next phase. Alderman Parker commented that Joe did an excellent job in planning and involving the various ages from senior citizens to young children. Alderman Sagely asked about how many parking spaces will be available. Joe Hurst replied that they are planning for eight spaces. Mayor Freeman asked which project the state senator was excited about. Joe replied that he was most excited about the pickle ball area. Mayor Freeman commented that although not a part of the grant, we have ordered some disc golf baskets for installation around the back of Lake Cap Bedell. John Pope questioned whether the basketball /pickle ball court will be upgraded for basketball as well as whether there will be lights added. Joe Hurst replied that as of now they have not accounted for lights, but the whole court will be asphalt overlaid with tennis like surface on just the pickle ball half of the court. John also suggested buying playground equipment made from recycled material. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR A 50/50 MATCHING GRANT FROM THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM'S OUTDOOR RECREATION PROGRAM ON BEHALF OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Sagely seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 8 -4 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. g 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR A 50/50 MATCHING GRANT FROM THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM'S OUTDOOR RECREATION PROGRAM ON BEHALF OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas seeks to improve the recreation facilities and wishes to seek grant funding assistance; and WHEREAS, in order to obtain the funds necessary to develop and/or improve the site for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas Department of Parks and Tourism's Outdoor Recreation Program; and WHEREAS, the plans for such recreation areas have been prepared and the price therefore has been established; and WHEREAS, this governing body understands the grantee and grantor will enter into a binding agreement which obligates both parties to policies and procedures contained in the Land and Water Conservation Fund Grants Manual, including but not limited to the following; the park area defined by the project boundary map, submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if the property is bought or developed with matching grant funds; and all present and future overhead utility lines within the project boundary must be routed away or placed underground; and the project area must remain open and available for use by the public at all reasonable times of the day and year; and facilities can be reserved for special events, league play, etc., but cannot be reserved, leased or assigned for exclusive use; and the project area must be kept clean, maintained and operated in a safe and healthful manner. This City Council is well aware and apprised of the above mentioned project, and will provide the local portion of the development cost of the entire project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Mayor is hereby authorized to make an application to the Arkansas Department of Parks and Tourism for assistance to develop recreational facilities at the Field of Dreams, Dr. Louis Peer Memorial City Park, and the Rolling Hills Subdivision Park for the City of Van Buren, Arkansas; therefore such application shall be submitted as expediently as possible. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of fo- for and g, st the foregoing Resolution at its regular meeting held on the 19 day of August 2013. Ro. -rt 9. Freeman Mayor ATTESTED: 'PROVED A 0 ORM: .6001. Barbie Curtis e City Clerk/Treasurer City Attorney� On the agenda next was to consider 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. 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 Moore. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Sagely 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. Alderman Dodd asked if this meant that we do business with these businesses exclusively. Mayor Freeman clarified that this does not mean that the city exclusively does business with these two places. There was a supplemental finding that the two businesses listed have conducted business with the city over a lengthy time. The Mayor then explained the statute in depth. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Blake, Moore, Ragsdale, and Dodd. 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 8 -2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 2 2013 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, A.C.A 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 Coombes Dirt Pit and/or Coombes Trucking, which is owned by Mr. Rick Coombes, brother of Van Buren city employee Mr. Bruce Coombes; and WHEREAS, the City of Van Buren wishes to conduct business, on an ongoing basis, with Williams Florist, which is owned by Mr. Gene Bell and Mr. Rick and Mrs. Robbie Spoon, relatives of Van Buren City Clerk Mrs. Barbie Curtis; and WHEREAS, it is the desire of the Administration and the Van Buren City Council that in 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: Coombes Dirt Pit and/or Coombes Trucking, which is owned by Mr. Rick Coombes, brother of Van Buren city employee Mr. Bruce Coombes, is hereby authorized to conduct business with the City of Van Buren. SECTION 2: Williams Florist, which is owned by Mr. Gene Bell and Mr. Rick and Mrs. Robbie Spoon, relatives of Van Buren City Clerk Mrs. Barbie Curtis, is hereby authorized to conduct business with the City of Van Buren. SECTION 3: This Ordinance being necessary for the financial continuity of the City of Van Buren, Arkansas, 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 (Q for and ,aj against, the foregoing Ordinance at its regular meeting held on the 19 day of August 201 Ro.ert D. Free Mayor ATTESTED: RO, D I Barbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Moore to appropriate the sum of 1,012,031.93 to pay expenses and salaries for July 2013, presented by the City Clerk. The Council followed with a unanimous vote. 8 -05 -2013 11:39 AM C I T Y OF V A .4 B U R E N PAGE: 1 TRIAL BALANCE AS OF: JULY 31ST, 2013 10 General Fund MONTH TO DATE YEAR TO DATE ACCT# ACCOUNT SANE DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 173,464.79 487,037.12 1020 Cash in Bank 0 1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00 1020.03 Cash Bank- ASP's&Walmart Gra 0.00 0.00 1020.04 Veterans' Memorial -Act 934 0.00 276.00 S 5 5 9 1- 1 9 1020.05 2009 Byrne Recovery Grant 0.00 0.00 4 1 3 f 1020.06 2009 Byrne Grant 0.00 0.00 3 3, 0 5 4 F 1 1020.07 2007 Byrne Grant 0.00 0.00 7 2 9 jJ j 1020.08 Cash in Bank- Storm Damage 0.00 0.00 1020.09 District Cout Grant- Mediation 0.00 25.00 1020.10 Cash in Bank HDC 172.50 1,342.67 0 0 5 1020.11 Cash in Bank -KVBB 3,500.00 3,668.92 0 5 j 7 l 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank -ACT 833 18,818.26 60,153.83 1020.14 Court Automation- District 233.19 88,467.89 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 31,750.00 1020.18 Cash in Bank PD Co Tax 25,177.27 47,785.91 1020.19 Cash in Bank FD Co Tax 25,137.16 102,256.26 1020.20 Cash In Bank Erosion Control 75.00 13,200.00 1020.21 Cash in Hank- CPACademy 0.00 761.22 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00 1020.27 Cash in Bank Levee 2,700.00 9,795.26 1020.28 Marina Repairs 0.00 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 Rec 14,058.69 5,678.36 1020.32 GIF -Parks 6 Recreation 0.00 0.00 1020.33 Cash in Bank -Yard Waste 6,611.01 155,232.69 1020.51 Cash in Bank Cemetery 110.74 5,421.61 2020.91 Cash in Bank Cap Imp 126,188.95 262,271.53 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 1040.19 Investments FD Co Tax 0.00 0.00 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 152.76 621,854.46 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.46 0.46 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. Alderman Ragsdale asked for an update on the Rena Road project. Mayor Freeman replied that it will hopefully be returned to two -lanes within the next two weeks. 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 7:45 p.m. ATTESTED: A 0 VED: CITY CLERK TREASURER MA OR