03 March 2014 Regular r
MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MARCH 17, 2014
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, March
17, 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,
Ragsdale, Dodd and Sagely. City Clerk- Treasurer Barbie Curtis and City Attorney Candice
Settle were present. Alderman Moore was absent. This made a total of eight (8) present. A
quorum was declared.
The invocation was given by Karen Beckner, Director of Hope Academy. Mayor then
asked Karen to share about Hope Academy, and how it is helping at risk teens.
Mayor Freeman then introduced the four (4) newest firemen; Cole Ellison, Ryan Decker,
Gary Bass and Logan Parnell.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on February 24, 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 Parker, Blake, Ragsdale, Dodd and Sagely. 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. There was none. 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 Parker, Blake, Ragsdale, Dodd and Sagely. 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 3 -1 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A
RESOLUTION ID 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 $5,228.50 Watchguard DV1 Mobile Video PD 642
System SN #DV10- 116695
IN WITNESS WHEREOF, the City of Van Buren, by its City Council, did pass, approve, and
adopt, by a vote of S for and Q against the foregoing tion at its regular meeting held on the 17
day of March 2014.
Robert D. Free, ��v_�
Mayor
ATTESTED: D
Barbie Curtis Candice A. Settle
City Cleric/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR SERVICES FOR THE PLANNING
AND PREPARATION OF A COMPREHENSIVE PARKS AND RECREATION PLAN.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman mentioned that there are no prices yet and we have to do a contract first. He said
he will come back to the council with costs at a later time. Alderman Ragsdale seconded by
Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Parker, Blake, Ragsdale, Dodd and Sagely. 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 3 -2 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 <2 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORING THE MAYOR TO ENTER INTO
A CONTRACT FOR SERVICES FOR THE PLANNING AND
PREPARATION OF A COMPREHENSIVE PARKS AND
RECREATION PLAN.
WHEREAS, the City of Van Buren, Arkansas has determined that it needs professional
planning and landscape architecture services for the preparation of the City's
first Comprehensive Parks and Recreation Plan; and
WHEREAS, the City advertised for services and the Parks and Recreation Commission
recommends CEI Engineering Associates, Inc., to be hired for afore
mentioned services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: The Mayor is authorized to enter into a contract with CEI Engineering
Associates, Inc., to provide professional planning and landscape architecture
services for the preparation of the City's first Comprehensive Parks and
Recreation Plan.
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 0 against, the foregoing Resolution
at its regular meeting held on the 17 day of March 2014.
Robert D. Free
Mayor
ATTESTED: PRO TO Fy RM:
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 11 -2001, TO ESTABLISH REGULATIONS GOVERNING THE PLACEMENT AND
MAINTENANCE OF DIGITAL BILLBOARDS AND TO AMEND SECTIONS 3.0 AND
5.0 PERTAINING TO SIGNS ALLOWED WITHOUT A PERMIT AND CERTAIN
PROHIBITED SIGNS, IN THE CITY OF VAN BUREN, ARKANSAS, AND
DECLARING AN EMERGENCY. 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. Mayor Freeman stated that the billboard
industry and technology have changed from 2001 to now. He said Clear Channel came in and
helped the Planning Commission work through the language on these changes. Alderman
Ragsdale asked if it would affect the school signs and First Assembly's sign on Highway 59.
Mayor Freeman replied that these changes would not affect these places. City Attorney Candice
Settle clarified that this amendment is not just changing the digital signage but also making
changes to allow yard signs such as "Student of the Month" and football player signs as well as
other types.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Ragsdale and seconded by Alderman Blake to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Parker, Blake, Ragsdale, Dodd
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderman Ragsdale and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Parker, Blake, Ragsdale, Dodd and Sagely. 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 2 -2014
ORDINANCE NUMBER 2 -2014 CONTINUED
CITY OF VAN BUREN, ARKANSAS 7.11 Billboards
ORDINANCE NO. 201.4„
Hereby amending to add the following language to 7.11 at the end of Paragraph 7 thereof:
"Digital Billboards are permitted hereunder provided the Digital Billboard meets the
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, minimum requirements set forth in 7.11 in addition to the following:"
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
a. Operational Limitations. Such displays shall contain static messages only,
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -2001, and shall not have movement. or the appearance or optical illusion of movement
TO ESTABLISH REGULATIONS GOVERNING THE during the static display period. of any part of the sign structure. design. or pictorial
PLACEMENT AND MAINTENANCE OF DIGITAL segment of the sign, including the movement or appearance of movement. Each static
BILLBOARDS AND TO AMEND SECTIONS 3.0 AND 5.0 message shall not include flashing lighting or the varying of light intensity.
PERTAINING TO SIGNS ALLOWED WITHOUT A
PERMIT AND CERTAIN PROHIBITED SIGNS, IN THE b. Minimum display time. Each message on the sign must be displayed for a
CITY 01? VAN BUREN, ARKANSAS, AND DECLARING minimum of (8) eight seconds.
AN EMERGENCY.
c. Digital billboards shall not operate at brightness levels of more than 03
foot candles above ambient light, as measured using a foot candle meter at a pre-set
WHEREAS, Ordinance No. 11 -2001 established regulations governing the placement and distance from the center of the sign at five feet above ground level.
maintenance of signs in the City of Van Buren, but did not make reference to
digital billboards; and d. Pre-set distances to measure the foot candles impact vary with the
expected viewing distances of each size sign. Measurement distance criteria
WHEREAS, in an effort to preserve the public peace, health, safety, and welfare of the citizens
of Van Buren, Arkansas, provisions will be added to the sign ordinance to require
certain signs to be located out of any right -of -way or within ten (10) feet of the Nominal Distance to
property line and to prohibit certain trailers to be used as signs; and Face Size be measured from:
12' x 25' 150'
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was 10'6" x 36' 200'
conducted by the Van Buren Planning Commission to consider these 14' x 48' 250'
amendments; and
e. Each display must have a light sensing device that will adjust the
WHEREAS, the proposed amendments herein were recommended by a unanimous vote of the brightness as ambient light conditions change.
entire Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 9.0 Nonconforming Signs
CITY 01? VAN BUREN, ARKANSAS, THAT:
Hereby amending to add the following language at the end of the second paragraph thereof after
SECTION 1: The Van Buren sign code established by Ordinance No. 11 -2001 is hereby the words "structure of the sign
amended to read as follows: A nonconforming sign shall not be replaced by another nonconforming sign, except
2.0. Defmitions and Interpretations that the substitution or interchange of message, poster panels, painted boards or
dismountable material on nonconforming signs shall be allowed, as long as no
Hereby amending to add the following definition after "Construction Sign changes are made to the structure of the sign except in the event a nonconforming
sign is replaced by a Digital Billboard. A nonconforming sign may be replaced by a
"Digital Billboard" Digital Billboard only if it does not increase or add to the nonconformity of the sign.
An off-site sign utilizing digital message technology, capable of changing the static
message or copy on the sign electronically. A digital billboard may be internally or SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any
t illuminated. Di! 'tal b' boards con static mess: t es onl and shall section, phrase, provision, or application shall be declared or held invalid, such
not not have animation. movement or the appearance or optical illusion of movement, of
any part of the sign structure. Each static message shall not include flashing or the invalidity shall not affect the remainer of the sections, phrases, provisions, or
varying of light intensity. applications.
3.0 Signs Allowed in all Zoning Districts Without a Permit
Hereby amending to add certain language to 3.17: SECTION 3: In order to preserve the public peace, health, safety, and welfare of the citizens of
Van Buren, Arkansas, an emergency is hereby declared to exist and this
3.17 Announcements by public or non -profit organizations of fund raising events, or promoting Ordinance shall be in full force and effect from the date of its passage and
special events or activities of interest to the general public, other than political signs. Such signs approval.
shall not exceed six-(6) four (4) square feet in area for residential uses in residential districts and
t two -(32) four (4) square feet in area for nonresidential districts and nonresidential uses in
residential districts. Signs shall be limited to one (1) per event. The sign may be erected up to IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
three (3) weeks prior to the event and shall be removed within seven (7) days after the event pass, approve, and adopt, by a vote of 5 for and 0 against the foregoing Ordinance at its
a) Such signs shall not be located within any right -of -way or within ten (10) feet of property regular meeting held on the 17 day of March 2014.
line.
5.0 Prohibited Signs
Mayor
Hereby amending to add certain Language to 5.01 and 5.06:
The following signs shall be prohibited, and may neither be erected nor maintained: ATTESTED: x: T %FORM:
5.01— Signs with flashing effects or rotating lights, except for digital billboards that meet the
requirements set forth in Section 7.11 herein; however, this provision shall not prohibit signs
with an alternating electronic display of time or temperature or text messages. Barbie Curtis Candice A. Settle
City Clerk /treasurer City Attorney
5.06 Signs attached or painted on vehicles or trailers which are parked and visible from the
right -of -way, unless said vehicle or trailer is used in the normal day -to-day operations of the
business.
Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and
seconded by Alderman Ragsdale to appropriate the sum of 1,159,907.22 to pay expenses and
salaries for February 2014, presented by the City Clerk. The Council followed with a unanimous
vote.
3 -10 -2014 09:57 AM C I T Y OF VAN B U R E N PAGE: 1
TRIAL nnan+ rc
AS OF: FEBRUARY 28TH, 2014
10 General Fund
MONTH TO DATE YEAR TO DATE
pp ACCT# ACCOUNT MAME DEBITS CREDITS DEBITS CREDITS
1 ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 39,968.00 474,072.90
1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00 0•*
1020.03 Cash In Bank- ASP•s4Walmart Gra 0.00 0.00
1020.04 Veterans' Memorial -Act 934 0.00 6,276.00 970
1020.05 2009 Byrne Recovery Grant 0.00 4,300.00
1020.06 2009 Byrne Grant 0.00 0.00
1
1020.07 2007 Byrne Grant 0.00 0.00 98
1020.08 Cash in Bank- Storm Damage 0.00 0.00 81,049-10+
1020.09 District Cout Grant Mediation 0.00 25.00
1020.10 Cash in Bank HDC 0.00 3,042.67 5 196-52+
1020.11 Cash in Bank KVBB 0.00 2,768.92 2,868•06+
1020.12 Emergency Management Fund 0.00 0.00 006
1020.13 Cash In Bank -ACT 833 0.00 70,705.56 1,1590907-22*
1020.14 Court Automation- District 1,377.50 87,951.92
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 15,237.97 174,504.47
1020.19 Cash in Bank FD Co Tax 13,847.64 254,610.32
1020.20 Cash In Bank- Erosion Control 125.00 14,450.00
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
1020.29 Property Maintenance -Scrap 0.00 63.25
1020.30 Field of Dreams Equipment 0.00 1,198.34
1020.31 Cash in Bank Parks 6 Rec 522.29 1,535.72
1020.32 GIF 0.00 19,595.22
1020.33 Cash in Bank -Yard Waste 4,753.97 187,581.31
1020.51 Cash in Bank Cemetery 97.37 3,798.18
1020.91 Cash in Bank Cap Imp 2,992.55 429,780.40
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
0.00 36,752.59
1040.51 Investments Cemetery
1040.91 Investments Cap Imp 158.31 372,951.03
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1 1505 Due From Other Funds 0.00 0.00
fitt? 1520 Due from Street Fund 2.86 2.86
1540 Due From Library Fund 0.00 0.00
sI
Sa LIABILITIES AND FUND BALANCE
CI W
i
I
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. Mayor Freeman briefed
the council on the status of the ambulance service lawsuit. The city had a hearing before Judge
Mike Medlock and last week we received our ruling. Judge Medlock's ruling upholds the
ordinance as constitutional and prohibits companies who are not under a franchise agreement
with the City of Van Buren from making emergency and non emergency runs within the city
limits. He thanked City Attorney Candice Settle, as well as others, for their work on this.
Mayor Freeman then discussed copies of our packet from Legislative Audit. He went on
to say that the only issue was doing business with relatives of city employees and he noted that
the council addressed that back in August 2013.
He also included a copy of our current ordinance regarding the solicitation of donations
as well as Fort Smith's documentation for comparisons. He questioned whether we would like to
change our ordinance to prevent solicitors from stepping out onto streets. He said this change
would affect the City of Van Buren Fire Department in their annual MDA Fill the Boot
campaign. Fire Department employee, Tim Arnold, understood the implication. Mayor Freeman
asked the council if there was any interest among them to see this change move forward.
Alderman Parker replied yes. Alderman Blake clarified that it would eliminate the Fill the Boot
campaign. Mayor Freeman replied that it would prohibit the fire department from collecting
donations on city streets. Mayor Freeman went on to say that he has already spoken to Chief
Jerry McAdoo on other ways the fire department can raise money for the MDA. Alderman
Parker asked if it would prevent them from standing on the corner. Mayor Freeman reiterated no,
just them standing in the street and extending anything into the street. Mayor Freeman stated that
he and City Attorney Candice Settle would move forward in drafting the ordinance to make the
changes.
Mayor Freeman then thanked everyone for attending the ground breaking ceremony for
the new Van Buren police station. Alderman Blake asked if the county was really considering
offering us the old jail property once the new jail was constructed. Kenneth Fry with the Press
Argus Courier stated that at the Chamber of Commerce meeting it was said that Sharon Blount's
office would be moving over there and that Judge John Hall's remarks were made as a joke and
taken out of context. Mayor Freeman made it understood that he has spoken privately to Judge
Hall on several occasions and there has been no discussion about it being offered to the city. He
prefers them to move on with their plan of using it for office and storage space for the county.
Alderman Dodd and Alderman Sagely both stated that Judge Hall said this more than one time
and they too thought he was serious.
Next, John Pope with Keep Van Buren Beautiful informed the council that April 19 at
9:00 a.m. the Great American Clean Up and electronic waste event will begin at the Industrial
Park school yard and then the city wide clean up will start at 10:00 a.m. at the city park.
There being no further business, motion was made by Alderman Parker and seconded by
Alderman Sagely to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 7:50 p.m.
AT ESTED: PRO D:
e zzizt,..L
CITY CLERK TREASURER MAYOR