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02 February 2014 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING FEBRUARY 24, 2014 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, February 24, 2014 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 Joe Walden of Oak Grove Baptist 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 January 27, 2014. 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 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. Chief Bell mentioned that the equipment was outdated and being replaced with new. Alderman Dodd 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 2 -1 -2014 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. A 2014 BE- IT- EN B Y— THE CITY COUNCIL, FOR -T-HE CIFK 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 $2050.00 HP NX700 Laptop PD 572 SN #USD34500WB Police Department $3895.00 Decatur Gemini Mobile Video PD 555 System VGPH006129 Police Department $3010.00 Decatur Gemini Mobile Video PD 573 System VGPH007017 Police Department $3910.00 Decatur Gemini Mobile Video PD 560 System VGPCR002017 Police Department $2995.00 Decatur Gemini Mobile Video PD 563 System VGPH006883 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did past, approve, and adopt, by a vote of J for and Q against the foregoing Res. do at its regular meeting held on the 24 day of February 2014. Robert D. F Mayor AT STED: APPR 4k TO O ri Barbie Curtis Can.' ie City Clerk'Treasurer City Attorney On the agenda next was to consider A RESOLUTION TO CHANGE THE NAME OF A STREET WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Dodd asked if this would open a can of worms for future requests. Mayor Freeman replied that it could. The individuals would have to petition the council and obtain signatures from the affected residents and then it would be up to the council to approve it or not. Alderman Sagely asked when this change would take effect. Mayor Freeman said that it would be implemented immediately. He also mentioned that contact had been made with 911 and there is no issue and the address changes will be up to the residents. Alderman Dodd 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 2 -2 -2014 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. _a X 2014 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO CHANGE THE NAME OF A STREET WITHIN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, the City of Van Buren has one street named Azure Hills West, and one street named Azure Hills Circle; and WHEREAS, a petition has been filed by residents of Azure Hills West requesting their street to be changed to Grandview Lane and it is attached hereto; and WHEREAS, in an effort to clarify the difference between the two streets, the City of Van Buren desires to change the name of Azure Hills West to Grandview Lane. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The street name of Azure Hills West be changed to Grandview Lane. SECTION 2: The Mayor and his designated agents are hereby authorized to notify property owners, the Post Master, and the 911 coordinator of the name change and to cause all local signs for the naming of said street to be fabricated, installed, and maintained. 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, the foregoing Resolution at its regular meeting held on the 24 day of February 2014. Robert D. Free Mayor ATTESTED: D AS TO FORM: eUATLL Barbie Curtis ClC e Settle City Clerk/Treasurer ity Attorney On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4- 2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman pointed out that they will have a 300,000.00 expansion resulting in approximately ten new jobs. 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 2 -3 -2014 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. a -3 2014 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION OF TILE CITY OF VAN BUREN, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4- 2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). WHEREAS, in order to be considered for participation in the Tax Back Program, the local government must endorse a business to participate in the Tax Back Program; and WHEREAS, the local government must authorize the refund of local sales and use taxes as provided in the Consolidated Incentive Act of 2003; and WHEREAS, said endorsement must be made on specific form available from the Arkansas Economic Development Commission; and WHEREAS, Arkansas Lamp located at 1701 South 28th, Van Buren, Arkansas has sought to participate in the program and more specifically has requested benefits accruing from construction and/or expansion of the specific facility; and WHEREAS, Arkansas Lamp has agreed to furnish the local government all necessary information for compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Arkansas Lamp be endorsed by the Van Buren City Council for benefits from the sales use tax refunds as provided by Section 15- 4- 2706(d) of the Consolidated Incentive Act of 2003. SECTION 2: The Department of Finance and Administration is authorized to refund local sales and use taxes to Arkansas Lamp. SECTION 3: This resolution shall take effect immediately. IN WITNESS WHEREOF, the City of Van B Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and n against, going Resolution at its regular meeting held on the 24 of February 2014. Robert I. Fr -man Mayor ATT STED: :4' PR 1 VED S 1 RM: Barbie Curtis an.' A. "e W City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4- 2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman added this will be for new equipment, an approximately 800,000.00 expansion, and ten new jobs. Alderman Ragsdale seconded by Alderman Moore 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 2 -4 -2014 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. a 2014 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4- 2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). WHEREAS, in order to be considered for participation in the Tax Back Program, the Local government must endorse a business to participate in the Tax Back Program; and WHEREAS, the local government must authorize the refund of local sales and use taxes as provided in the Consolidated Incentive Act of 2003; and WHEREAS, said endorsement must be made on specific form available from the Arkansas Economic Development Commission; and WHEREAS, Engineered Fabricated Solutions located at 2407 Lost Beach Crossing, Van Buren, Arkansas has sought to participate in the program and more specifically has requested benefits accruing from construction and/or expansion of the specific facility; and WHEREAS, Engineered Fabricated Solutions has agreed to furnish the local government all necessary information for compliance. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Engineered Fabricated Solutions be endorsed by the Van Buren City Council for benefits from the sales use tax refunds as provided by Section 15- 4- 2706(d) of the Consolidated Incentive Act of 2003. SECTION 2: The Department of Finance and Administration is authorized to refund local sales and use taxes to Engineered Fabricated Solutions. SECTION 3: This resolution shall take effect immediately. IN WITNESS WHEREOF, the City of Van Bur: sas, by its City Council, did pass, approve, and adopt, by a vote of (p for and a against, e fore_.ing Resolution at its regular meeting held on the 24 of February 2014. Robert D. Free .0 ATTESTED: AP no AS TO FORM: Barbie Curtis Ca .'e A. Settle City Clerk/Treasurer ity Attorney On the agenda next was to consider AN ORDINANCE AUTHORIZING THE VAN BUREN MUNICIPAL UTILITIES TO EMPLOY A CONTRACTOR TO PROCEED WITH THE RECONSTRUCTION OF AN INACCESSIBLE SANITARY SEWER MANHOLE LOCATED IN THE 700 BLOCK OF MAIN STREET BETWEEN THE BUILDINGS AND THE RAILROAD TRACK, DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE BIDDING. The City Clerk read the Ordinance in its entirety. Alderman Sagely moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The City Clerk then read the Ordinance the second time. Alderman Ragsdale moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The City Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Steve Dufresne with the Van Buren Municipal Utilities said this is the only way to remedy this delicate situation without bringing in the building property owners and the Arkansas- Missouri Railroad. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Ragsdale 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 Parker and seconded by Alderman Dodd, 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 1 -2014 CITY OF VAN BUREN, ARKANSAS WHEREAS, the Van Buren Municipal Utilities Commission have by resolution, a copy of ORDINANCE NO 2014 which is attached hereto, recommended that the City Council waive competitive bidding because of the urgent circumstances and authorize the Van Buren BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BURIN, Municipal Utilities to employ a contractor to proceed with necessary repairs; and ARKANSAS, AN ORDINANCE TO BE ENTITLED: WHEREAS, Section 14-58 -303 of the ARKANSAS CODE ANNOTATED provides that "The AN ORDINANCE AUTHORIZING THE VAN BUREN MUNICIPAL UTILITIES governing body, by Ordinance, may waive the requirements of competitive TO EMPLOY A CONTRACTOR TO PROCEED WITH THE RECONSTRUCTION OF bidding in exceptional situations where such procedure is deemed not feasible or AN INACCESSIBLE SANITARY SEWER MANHOLE LOCATED IN THE 700 BLOCK practical." OF MAIN STREET BETWEEN THE BUILDINGS AND THE RAILROAD TRACK DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE BIDDING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: WHEREAS, the Van Buren Municipal Utilities has identified that a 6 -inch sewer main collecting sanitary sewage in the 700 block of Main Street is obstructed for the SECTION 1: The City Council hereby waives the requirements of competitive bidding for the normal flow of sanitary sewage; and above described project, as such a procedure-is-not deemed to- be- feasr practical under the circumstances. WHEREAS, the City is not able and or and City nd Mayor adequate sanitary sewage flow for a portion of the sewage collection system; a SECTION 2: The Ma Ci Clerk hereby authorize the Van Buren Municipal Utilities to employ a construction contractor and to pay all expenses relating to this project. WHEREAS, the location of the obstruction is inaccessible for excavation and repair in place; an d SECTION 3: The construction work hereto is deemed and found to be necessary for the immediate preservation of health, safety and welfare of the City, and as such an WHEREAS, City manhole #670 located on the east end of the alley in the 700 block of Main emergency is hereby declared, and this Ordinance shall take effect and be in full Street is a "flush" type manhole and does not provide access to the 6 -inch sewer force upon and after its passage and approval. main; and IN WITNESS WHEREOF, The City of Van Buren, Arkansas, by its City Council, did WHEREAS, access to the 6 -inch sewer main from manhole #670 is necessary in order to pass, approve, and adopt, by a vote of for and against, the foregoing Ordinance at its evaluate the 6 -inch sewer main and methods and costs to repair the 6-inch sewer regular meeting held on the 24 day of February 2014. maim and WHEREAS, since the failure of the sanitary sewage collection system could cause adverse health effects and the City to be in non compliance with the NPDES Permits it is Robert D. Free necessary to implement and complete repair as soon as possible; and Mayor WHEREAS, it would be impracticable and unfeasible to bid this project at this stage and the City needs to immediately begin construction of this project without any delays; and ATTEST: ORM: WHEREAS, plans, specifications, and a conceptual cost estimate have been prepared by 4 professional engineers employed by the Van Buren Municipal Utilities l• l (.LLiTd Commission; and Barbie Curtis dice A. Settle City Clerk/Treasurer City Attorney Next on the agenda was Boards and Commissions. The Van Buren Historic District recommended the appointment of Derald Porter to serve the remainder of resigned commissioner Dwight Hopkin's term. Alderman Ragsdale seconded by Alderman Sagely made a motion to grant the nomination. The Council followed with a unanimous vote. The Van Buren Housing Authority recommended the appointment of Kevin Clifton to replace Max Blake's position and Terry Flanery to fill Connie Pauly's vacant position as resident commissioner. Alderman Ragsdale seconded by Alderman Parker made a motion to grant the nomination. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale to appropriate the sum of 1,177,909.60 to pay expenses and salaries for January 2014, presented by the City Clerk. The Council followed with a unanimous vote. 2 -18 -2014 09:43 AM C I T Y OF VAN B U R E N PAGE: 1 TRIAL BALANCE AS OF: JANUARY 31ST, 2014 a i 10 GETfLrfal Fun MONTH TO DATE YEAR TO DATE ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS fi ASSETS 1000 Petty Cash 0.00 200.00 0•* 1020 Cash in Bank 144,990.36 514,040.90 D 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 0•* 1020.03 Cash In Bank- ASP's&Walmart Gra 0.00 0.00 1020.04 Veterans' Memorial -Act 934 0.00 6,276.00 991 1020.05 2009 Byrne Recovery Grant 0.00 4,300.00 0 3 1020.06 2009 Byrne Grant 0.00 0.00 1 1020.07 2007 Byrne Grant 0.00 0.00 101,634•72+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 821 25+ 1020.09 District Cout Grant Mediation 0.00 25.00 78, 97 8.46+ Si 1020.10 Cash in Bank HDC 0.00 3,042.67 1020.11 Cash in Bank -0VBB 0.00 2,768.92 3 '676 52+ 1020.12 Emergency Management Fund 0.00 0.00 006 'l 1020.13 Cash In Bank -ACT 833 6,070.15 70,705.56 1,177,909-60* 1020.14 Court Automation- District 1,195.66 86,574.42 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 dJ 1020.18 Cash in Bank PD Co Tax 20,748.31 159,266.50 I, 1020.19 Cash in Bank FD Co Tax 25,643.60 240,762.68 1020.20 Cash In Bank Erosion Control 125.00 14,325.00 1020.21 Cash in Bank CPAcademy 0.00 520.66 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00 1020.27 Cash in Bank Levee 0.00 8,495.26 1020.28 Marina Repairs 0.00 10,495.60 !I 1020.29 Property Maintenance -Scrap 0.00 63.25 1020.30 Field of Dreams Equipment 0.00 1,198.34 j, 1020.31 Cash in Bank Parks 8 Rec 269.82 2,058.01 1020.32 GIF 1,404.78 19,595.22 1020.33 Cash in Bank -Yard Waste 1,461.31 182,827.34 1020.51 Cash in Bank Cemetery 109.45 3,895.55 1! 1020.91 Cash in Bank Cap Imp 140,432.76 426,787.85 @i 1040 Investments 0.00 0.00 6i' 1040.10 Investments Sales Tax City 0.00 0.00 I 1040.18 Investments PD Co Tax 0.00 0.00 .i 1040.19 Investments FD Co Tax 0.00 0.00 1040.27 Investments Levee 0.00 0.00 I 1040.31 Investments Parks Rec 0.00 0.00 1040.51 Investments Cemetery 0.00 38,752.59 1040.91 Investments Cap Imp 158.24 372,792.72 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 0.00 0.00 1540 Due From Library Fund 0.00 0.00 l' LIABILITIES AND FUND BALANCE E Next Police, Fire, Building Inspector, Engineering, 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. Barbara Little with the Van Buren Farmer's Market introduced the new committee members and asked council if they could be open from March to December instead of opening in April. Mayor Freeman questioned if the ordinance specifically designated the opening months of April through October. He asked the council if there was any objection to them opening in March. There was none. He stated he would contact her (Barbara Little) first thing in the morning after he has had a chance to review the ordinance. Mayor Freeman welcomed the new committee members. The council had a request from The Old Town Merchants Association to close streets for the followin events: Old Timers Days on May 16 17 and 18 Fall Festival on October 10 11 and 12 and Halloween on Main Street on October 25 They also requested to close Main Street from the 400 block to the 700 block and the adjacent streets for a new downtown promotion called Downtown Blues and Music Festival on Saturday April 26 with the exception that the stage at the 400 block will not have any music playing during the King Opera House plays. Motion was made by Alderman Parker and seconded by Alderman Dodd. The council followed with a unanimous vote. Mayor Freeman gave an update on the Van Buren Municipal Utilities Recycling Program. Alderman Parker noted that it was an honor to be in attendance of the Municipal League conference and witness Van Buren receive the Volunteer Community of the Year award. She also thanked Jennifer Froud for her efforts in applying for this every year. 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. ATT STED: AP R VED: ve),40 0,60Za) CITY CLERK TREASURER MAYOR