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05 May 2014 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING MAY 19,2014 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, May 19, 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, and Dodd. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. Alderman Sagely was absent. This made a total of eight(8)present. A quorum was declared. The invocation was given by Mr. Graham Brown, Van Buren High School Senior Class President. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on April 21, 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 Moore, Ragsdale, Dodd, Parker and Blake. 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. Mayor Freeman commented that we have two tractors out at the Field of Dreams and so we are using this as a trade in for a gator that will have more use at the fields than a second tractor. Alderman Ragsdale seconded by Alderman Blake moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Ragsdale, Dodd, Parker and Blake.. 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 5-1-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5 - 1 -2014 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# Field of Dreams Complex $9,612.00 John Deere 2305 Tractor DR-59 SN#LV2305H420146 Field of Dreams Complex $2,400.00 John Deere 200CX CP Loader DR-60 SN#W0200CX031464 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of for and O against the foregoing Resol ., . its regular meeting held on the 19*day of May 2014. I Robert D. reeman.r— Aimi TEA , STED. ' FORM: 1 .L , dri.1to A B...ie Curtis Candice ..Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF MUNICIPAL PROPERTY PROGRAM PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said that this was the only bid we received and it was lower than last year's bid. 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 Moore, Ragsdale, Dodd, Parker and Blake. 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 5-2-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. rj - ,. -2014 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 MUNICIPAL PROPERTY PROGRAM PROPERTY INSURANCE. WHEREAS, the Mayor has advertised for bids for property insurance;and WHEREAS, bids have been received and opened as advertised;and WHEREAS, Municipal Property Program of North Little Rock,Arkansas,was the only bid in the amount of$24,898.69. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The bid of Municipal Property Program is reasonable and is hereby accepted. The Mayor is authorized to contract with the Municipal Property Program for property insurance in the amount of$20,333.99 from general funds and$4,564.70 from street funds. 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 19th day of May 2014. Robert D.Free I Mayor ATTESTED: '•0 , TO FORM: rctvtialz C "\ A Barbie Curtis Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION APPROVING THE FINAL PAYMENT FOR THE 2013 TENNIS COURT PROJECT,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Blake mentioned that he has been out there several times and in his opinion the south facing retaining wall was not installed very well. He sited a wavy structure with two-three inch gaps on the caps. He does not think we should pay this until it is corrected. City Engineer, Brad Baldwin was not present, but Mayor Freeman offered to table this item until Mr. Baldwin is available to look at it. Alderman Blake encouraged everyone to go by and look at it. Alderman Ragsdale seconded by Alderman Dodd moved that the Resolution be tabled. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Ragsdale, Dodd, Parker and Blake. Nays—none. On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR TO ENTER INTO A JOINT CONTRACT WITH THE VAN BUREN CHAMBER OF COMMERCE AND PROVIDE FINANCIAL ASSISTANCE FOR A COMMUNITY ECONOMIC DEVELOPMENT STRATEGY. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said this was in conjunction with the already approved contract with the Chamber to do the economic assessment with UALR. This is just the next step. 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 Moore, Ragsdale, Dodd, Parker and Blake. 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 5-3-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.5_3 2014 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 TO ENTER INTO A JOINT CONTRACT WITH THE VAN BUREN CHAMBER OF COMMERCE AND PROVIDE FINANCIAL ASSISTANCE FOR A COMMUNITY ECONOMIC DEVELOPMENT STRATEGY. WHEREAS, the City of Van Buren,Arkansas recognizes the need for regional economic development cooperation;and WHEREAS, the City of Van Buren and the Van Buren Chamber of Commerce wish to concert with The Institute for Economic Advancement at UALR to develop and conduct an Economic Development Strategic Plan;and WHEREAS, funding is necessary for the study and the Chamber of Commerce and the City of Van Buren wish to share equally in the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, . ARKANSAS,THAT: SECTION 1. The City of Van Buren,Arkansas fully supports the Van Buren Chamber of Commerce and wishes to support the economic strategy plan. SECTION 2. The Mayor of the City of Van Buren,Arkansas is hereby authorized and directed to sign all documents to effectuate this resolution and to make payment in the amount of $7,500.00 as the city's equal share of said plan. IN WITNESS WHEREOF,the City of Van Buren,Ar ., . ,by its City Council,did pass, approve,and adopt,by a vote of for and O against,the fo..:.,:•-solution at its -_lar meeting held on the 196 day of May 2014. Robert D.F Mayor ATTESTED: "• r AS TO FORM: B re Curtis Candi.A.S , City ClerkiTreasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE FILING OF AN ACTION FOR PROPERTY ACQUISITION FOR THE NEW SENIOR CENTER PROJECT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman clarified that this property is not going to be used for the actual Senior Center, but is adjacent to it. He said if we don't acquire it, it will likely sit there as it is now, all overgrown. 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 Moore, Ragsdale,Dodd, Parker and Blake. 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 5-4-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5 - `' -2014 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE FILING OF AN ACTION FOR PROPERTY ACQUISTION FOR THE NEW SENIOR CENTER PROJECT. WHEREAS, the City of Van Buren desires to acquire certain property adjacent to the New Senior Center Project;and WHEREAS, the property was forfeited by non-payment of taxes and through legal filing the City desires to acquire a clear title;and WHEREAS, the acquisition of said property is a permitted municipal purpose for which condemnation proceeding may be initiated for the public's interest;and WHEREAS, the property is specifically Lots 3&4,Block 7,Knox Addition,City of Van Buren. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: Section 1: The Mayor or his designated representative is authorized and directed to file the necessary condemnation action and take any other steps necessary to acquire the property for the Senior Center Project. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of,�j for and tO against,the foregoing Resolution at its regular meeting held on the 19th day of May 2014. Robert D. — Mayor ATTESTED: APPI VED AS TO FORM: g)(Vt_OLLIZ) Aare- TavrAk Barbie Curtis Candice A.Sette City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.26-2005 AND VAN BUREN MUNICIPAL CODE CHAPTER 7.48.03,FOR INDOOR FIRING RANGES, IN THE CITY OF VAN BUREN, ARKANSAS. The City 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 City 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 City Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman commented that the original ordinance was drafted when he was the chairman of the Planning Commission and it came about when someone was looking at putting a firing range in and the city had nothing in place at that time. These proposed changes came about when again someone expressed interest in putting in a firing range and City Planner Joe Hurst reviewed the ordinance. Mr. Hurst then proposed these , changes to the Planning Commission. City Attorney Candice Settle clarified that"is" should be omitted in Section D.3. 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 with the change suggested by City Attorney Candice Settle. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Ragsdale, Dodd, Parker and Blake. 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 6-2014 CITY O V BUREN,ARKANSAS C. All potential owners and operators of an indoor firing range shall be required to provide fingerprint cards to the Arkansas State Police and submit record of his or her criminal history to ORDi"'-NCE N0. // -2014 the Building Inspector's office prior to the Planning Commission's review of the permit. An owner/operator will be disqualified for a permit if he/she: BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, il ARKANSAS,AN ORDINANCE TO BE ENTITLED: (1) has been convicted of a felony in a court of this state,of any other state,or of the United States without having been pardoned for conviction and had firearms AN ORDINANCE TO AMEND ORDINANCE NO.26-2005,AND possession rights restored; VAN BUREN MUNICIPAL CODE CHAPTER 7.48.03, FOR (2) is subject to any federal,state,or local law that makes it unlawful to receive, INDOOR FIRING RANGES,IN THE CITY OF VAN BUREN, possess,or transport any firearm; ARKANSAS. (3) is a fugitive from justice or has an active warrant for his or her arrest; (4) has been convicted of any offense that requires registration as a sex offender,or WHEREAS, Ordinance No.26-2005 adds indoor fuing ranges as a conditional use to certain zones (5) has been convicted of any offense of homicide. inside the City of Van Buren;and D. An owner/operator is further disqualified if the owner/operator. WHEREAS, certain amendments shall be made to the existing code in order to ensure that adequate (1) has been voluntarily or involuntarily committed to a mental institution or mental health safety measures are employed to protect the public;and treatment facility (2) has been adjudicated mentally incompetent; WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by (3) chronically or habitually uses an alcoholic beverage or controlled substance to the extent that his or her normal faculties are impaired;or the Van Buren Planning Commission to consider these amendments;and (4) is ineligible to receive a concealed carry license pursuant to A.C.A.§5-73-309. WHEREAS, the proposed amendments herein were recommended by a unanimous vote of the entire E. All Potential owners and operatorsof an indoor firingrangeshall submit a statement Planning Commission. signed by all owners/operators that they will comply with all local,state,and federal laws, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF regulations and guidelines regarding the operation of an indoor firing range.The statement shall VAN BUREN,ARKANSAS,THAT: be submitted to the Building Inspector's office prior to the Planning Commission's review of the permit. SECTION 1: The Van Buren indoor firing range code established by Ordinance No.26-2005 is hereby , amended to read as follows: the range is changed from twenty-(20)-to forty-(40)times-per hour at a 7.48.03 Indoor firing ranges.All conditional use permits issued for an indoor firing range shall be subject velocity of frfly(50) le to the following conditions: oeeisege level,or the ten o whieheveris-mere stringent. (Ord.No.2005 26,Seo 1.) A. Sound level measurements shall be made ten O,0)feet from outside the exterior wall of the building with a calibrated sound level meter Tyre II or better using the A-weighted scale in SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any section, conformance with the existing standards oromuleated by the American National Standards phrase,provision,or application shall be declared or held invalid,such invalidity shall Institution. not affect the remainer of the sections,phrases,provisions,or applications. A:B. The noise level from outside the exterior wall of a firing range shall not exceed eighty(80) IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, decibels.The Building Inspector or his/her designated representative shall inspect and review the approve,and ado bya vote of for and Q against the fore:. a .- operation of the facility six(6)months after the facility opens for business.Any cost for the held a dayof ..� 8a _ 'cc at its regular meeting inspection shall be borne the owner/operator of the range.The on the 19 May 2014. P by P B purpose of the inspection shall be to ensure that no additional sound proofing measures are necessary.If problems are found to .4—....‘111A11 exist(exceeding eighty(80)decibels)from the outside of the exterior wall of the firing range then Robert D.Fr ,aIIIIIIIiB the Inspector may impose additional noise abatement measures on the applicant which are Mayor necessary to reduce the decibel level below eighty(80)decibels. • ... ::::: ...:. -. „_:-::.. ::- -:..---.... ATTESTED: AP O AS TO FORM: n \ r3 .11� Barbie Curtis Can ' ettle City Clerk/Treasurer City Attorney I • • On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 25-1997, TO ADD INDOOR FIRING RANGES TO THE PERMITTED AND CONDITIONAL USE LEGEND FOR THE CITY OF VAN BUREN, ARKANSAS. The City 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 City Clerk then read the Ordinance the second time. Alderman Dodd 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 City Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman said back in 2005 when the Planning Commission drafted the ordinance to regulate indoor firing ranges they failed to recommend to the council where they would be permitted. This amendment shows where they are permitted. 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 Moore, Ragsdale, Dodd, Parker and Blake. 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 7-2014 CfIY OF VAN NORIA ARKANSAS City of Van Buren ORDINANCE NO.1 2014 Permitted and Conditional Use Legend BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OP VAN BUREN, . ARKANSAS AN ORDINANCE TO BE ENTITLED: U.Permitted Use S AN ORDINANCE TO AMEND ORDINANCE NO.251997,TO _ _ _ ] .1 .. n F _ ADD INDOOR FDTING RANGES TO THE PERMUTED AND C-CondHonal Use(n. be 01..edbv a5 $ �` AS B zy E .. CONDITIONAL USE LEGEND FORME CITY OF VAN BURE • ARKANSAS. N, °""x"*""x" re € i S ,a....a . erose g g WHEREAS, the City adopted OrdioaWa 251997mprovide for regulations for me granting aTumv+eq. eua..wtw a+ weurw +an omdbioml weswithin established annex and .sr 'errortlhils wr Nom bual Mem . X WHEREAS, Pu blicHewingwar duty publiabed,and a Public Having was conducted mm ml wawa office C C C C C by Van icPlanning Commission m consider this proposedwenveoh vdaare.a mw d . and C C C • WHEREAS, the proposed change herein was recommended bye Mitt'v..ofine.0100 ',F Planning Commission. SECTION 2. The various provisions and parts of this Ordinance are hereby declared to be aevenble,and,if any ae.Bm m part ofa ezdoe.or:provision:part of NOW,THEREFORE,BE 1T ORDAINED AND ENACTED BY THE CITY COUNCIL OP Ptovioon bveiq iv deelved m be unWmtPutipnal, :invalid THE CITY OF VAN BUREN,ARKANSAS,THAT: by any Wart of wmpeteotjmiadiedon,such bolding shall not invalidate: - atfect the remainder of this Ordinance and to that ementlbe provision hereto SECTION 1. Ordioenu.No.23 n.follows: are 1997 shall be amended declared to be severable. 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"are ane*wane XCCC wase'°"..—same`°"." XCCC Ambe mu.stomas.mel It X C C • wa..•.nr.Nm.ac.e. Lew.>...d.wba..ra.ran Ilts .maw®mw ol them pads.. C X x ---tl el,e..ra-e.v.e.. M..asMsea a vac....... The amp rar-an.ethat.not*opt CCXX the baby We,r pe.b Messes peep• w.—..Ma.r,mwnu.aw C C x x ..ae+..w.saw..wean wns.ah. *le war{ann..m..v We,ran. Ards mammas,Aron.cmc. 'someone wawa.aupaem.w it x 'someone ea mi wwe.waot On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT AND TO PURCHASE AND INSTALL NEW PLAYGROUND EQUIPMENT AND PAVILIONS AT THE FIELD OF DREAMS THROUGH THE INTERLOCAL PURCHASING SYSTEM AND THE TEXAS ARKANSAS PURCHASING SYSTEM("TIPS/TAPS") COOPERATIVE PURCHASING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The City Clerk read the Ordinance in its entirety. Alderman Parker 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 Dodd moved that the rules be further suspended and the Ordinance placed on the third and fmal reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The City Clerk then read the Ordinance the third and fmal time. The Mayor asked if there was any discussion. Mayor Freeman noted that Joe Hurst has been working closely with the State of Arkansas on this grant process. We received several proposals and this was the cheapest. The state has reviewed and ok'd this proposal as it is part of the 50/50 grant. Alderman Dodd asked if this equipment would only be used while games were going on or if it was going to be open. Mayor Freeman replied that the Field of Dreams is open all day and in the evenings as people have ball games and practices. Alderman Dodd said that she would rather see this equipment go to our city park in town so people can use it all the time and not just when the Field of Dreams is open. Mayor Freeman said that he understood but this grant was specifically to put equipment where there was not any existing. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Ragsdale and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Ragsdale, Parker and Mayor Freeman.Nays—Alderman Dodd and Blake. The Mayor declared the motion carried as there were four(4) ayes and two (2)nays. Four(4) votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Ragsdale,that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Moore, Ragsdale, Dodd, Parker and Blake. 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 8-2014 CITY OF VAN BUREN,ARKANSAS SECTION 1•The City of Van Buren,Arkansas is in immediate need of certain equipment,as ORDINANCE NO...-2014 set forth above. SECTION 2:Said equipment is to be purchased from Heartland Park and Recreation,LLC for BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, the total price of$71,394.42. ARKANSAS,AN ORDINANCE TO BE ENTITLED: SECTION 3: It is further found that due to the immediate need to acquire and install this AN ORDINANCE AUTHORIZING THE MAYOR TO equipment to meet grant timing requirements an emergency is declared to exist and this ordinance being necessary for the preservation•of the public health, CONTRACT AND TO PURCHASE AND INSTALL NEW safety,and welfare,it shall take effect immediately from and after its passage and PLAYGROUND EQUIPMENT AND PAS LIONS AT THE FIELD OF DREAMS THROUGH THE INTERLOCAL PURCHASING approval. SYSTEM AND THE TEXAS ARKANSAS PURCHASING SYSTEM ("TH'S/TAPS") COOPERATIVE PURCHASING PROGRAM; SECTION 4: The Mayor and City Clerk are hereby authorized by the City Council for the City DECLARING AN EMERGENCY;AND FOR of Van Buren to execute all documents,contracts,and agreements necessary to OTHER PURPOSES. effectuate this Ordinance. WHEREAS, the City of Van Buren recognizes the need to provide for the recreational needs of its residents;and SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be severable,and,if any section or part of a section,or any provision or part of a WHEREAS, in an effort to meet the recognized recreational needs,the City desires to provision herein,is declared to be unconstitutional,inappropriate,or invalid by purchase and install new playground equipment and pavilions at the Field any court of competent jurisdiction,such holding shall not invalidate or affect the of Dreams Complex;and remainder of this Ordinance and to that extent the provisions hereto are declared WHEREAS, the City of Van Buren received a Arkansas Parks and Recreation Matching Grato be severable. Grant for the purchase and installation of said items;and •I IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did WHEREAS, after a review of the various resources available,the City of Van Buren desires to pass,approve,and adopt,by a vote of a for and..against,the foregoing Ordinance at its purchase the playground equipment and pavilions from Heartland Park and regular meeting held on the 19 day of May 2014. Recreation,LLC for the total price of$71,394.42;and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such equipment through a cooperative purchasing agreement such as the one 11116 between the City of Van Buren and TIPS/TAPS,pursuant to ARK.CODE ANN. ---= �-- §19-11-249;and Ru. WHEREAS, the City has decided that it is in its best interest to purchase the above listed Mayor equipment and installation via TIPS/TAPS,pursuant to the terms setforth in the ATTESTED: APPROVED TO FORM: contract pricing worksheets attached hereto as Exhibit"A"and"B." NOW,THEREFORE,BE TT ORDAINED AND ENACTED BY THE CITY r,,,'' COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: it,0, `�' Bar ie Curtis dice A.Se e City Clerk/Treasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale to appropriate the sum of$ 1,269,164.04 to pay expenses and salaries for April 2014,presented by the City Clerk. The Council followed with a unanimous vote. 5-07-2014 10:42 AM CITY OF VAN B URE N PAGE: 1 I + • 1A NCE AS OF: APRIL 30TH, 2014 •-..----... 10 -General Fund ***MONTH TO DATE *** *** YEAR TO DATE *** ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 119,991.80 257,849.47 i^ 0• 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 1020.03 Cash In Bank-ASP's&Walmart Gra 2,500.00 2,500.00 II ' 1020.04 Veterans' Memorial-Act 934 0.00 6,276.00 1Y044,384 •00+ 1020.05 2009 Byrne Recovery Grant 0.00 4,300.00 13733•94+ 11 1020.06 2009 Byrne Grant 0.00 0.00 14 136,65,.. 1020.07 2007 Byrne Grant 0.00 0.00 81020.08 Cash in Bank- Storm Damage 0.00 -6.00 3 347 t' 1� 1020.09 District Cout Grant-Mediation 0.00 25.00i�. 1020.10 Cash in Bank - HDC 890.35 2,152.32 005 ;; iy 1020.11 Cash in Hank-HVBB 0.00 2,768.92 1 ,26.92164•04* 1020.12 Emergency Management Fund 0.00 0.00 $ 1020.13 Cash In Bank-ACT 833 24,615.09 115,835.77 1020.14 Court Automation-District 1,233.20 90,707.62 0•>; 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 .1 1020.17 New Police Dept 0.00 31,750.00 1020.18 Cash in Bank - PD Co Tax 10,526.26 206,530.33 1020.19 Cash in Bank - FD Co Tax 14,455.69 279,383.25 1020.20 Cash In Bank-Erosion Control 100.00 14,600.00 • 1020.21 Cash in Bank-CPAcademy 0.00 520.66 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 j 1020.27 Cash in Bank- Levee 0.00 8,495.26 I 1020.28 Marina Repairs 0.00 10,495.60 1020.29 Property Maintenance-Scrap 0.00 63.25 y`' 1020.30 Field of Dreams-Equipment 0.00 1,198.34 1020.31 Cash in Bank- Parks 4. Rec 5,822.82 6,194.16 1020.32 GIF 3,772.05 7,432.31 3 1020.33 Cash in Bank-Yard Waste 4,451.89 196,952.44 { 1020.51 Cash in Bank - Cemetery 85.62 3,632.66 1020.91 Cash in Bank - Cap Imp 65,572.38 604,350.35 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 1040.19 Investments - FD Co Tax 0.00 0.00 , 1040.27 Investments - Levee 0.00 0.00 r? 1040.31 Investments - Parks a Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 i _ 1040.91 Investments - Cap Imp 158.43 373,252.51 1050 Fixed Assets 0.00 0.00 i;' 1051 Accumulated Depreciation 0.00 0.00 4 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 t�}` 1520 Due from Street Fund 5.60 5.60 i 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE . • 4 Next Police, Fire, Building Inspector, 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. The council had a request from First Baptist Church to close Cherry Street for their Awana Splash on May 21, 2014. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale to approve the request. The council followed with a unanimous vote. The council also had a request from the Crawford County Mounted Patrol to close Main Street from 3`d to 15th Street for their annual Pioneer Day Parade on May 24, 2014. Motion was made by Alderman Parker and seconded by Alderman Dodd to approve the request. The council followed with a unanimous vote Mayor Freeman then notified the council that Lyn Hickcock, State Representative from Cox Communications, contacted him and said they will be closing the local office either in June or July. He said the city no longer has jurisdiction over video franchise agreements because it is all handled at the state level now. Next, Mayor Freeman moved onto the health insurance discussion. Alderman Parker recommended we pay 100% of the employee's coverage only, like Crawford County currently does. Alderman Blake mentioned that what is best for the county may not always work for the city and he would like to hear what the Mayor recommends. Mayor Freeman suggested that we pay 100% of the employee coverage, cap the family coverage at its current rate, and have the employee be responsible for any further increases in family coverage. He would also like to see the city reevaluate our status every 6 months. Alderman Parker asked if open seasons for insurance companies are all at the same time. Mayor Freeman said we've never had an open season to look at. We had Blue Cross Blue Shield look at our coverage about five years ago and at that time they couldn't compare to the rate and coverage we were being offered with Municipal Health Benefit Fund. He also noted that this was before the Affordable Care Act was implemented. Alderman Dodd asked the police and fire chiefs what their employees opinions were on the matter. Police Chief Kenneth Bell pointed out on behalf of his department that they went several years without a cost of living raise and when they finally do get a raise,their insurance goes up. Alderman Parker asked how many of his employees are on family coverage. Chief Bell replied that he only has a handful of employees that have employee coverage only. Alderman Dodd expressed that the city needs to have more consideration for our police and fire departments. Mayor Freeman countered and said if we are going to do something for our police and fire departments, then we need to do it across the board because our police and fire make up the majority of our employees. City Clerk-Treasurer, Barbie Curtis, informed the council that back in Mayor Toothaker's tenure, in exchange of a salary increase the employees were offered family coverage to be paid in full by the city. She said she doesn't see any way around having the employees pay a portion of the increase. Fire Chief Jerry McAdoo expressed possibly looking at other insurance companies to see if we could find a better rate. Alderman Blake asked for clarification that we have not had any other insurance studies done in five years. Mayor Freeman replied yes, that the last time it was done was before the Affordable Care Act was implemented. Alderman Dodd asked how we as a city can spend $73,000 on equipment for the Field of Dreams but not be able to continue to afford health insurance for our employees. Mayor Freeman replied that half of that is grant monies and the other half will be paid out of parks and recreation bond monies. Alderman Blake asked when we were notified of the rate change. Mayor Freeman replied that Barbie attended the health board meeting on May 6th and she discussed the changes with him the next day. He then received the official letter from Don Zimmerman on May 14th. Alderman Blake expressed a desire to have a quote done from another insurance company. Mayor Freeman said we will have Blue Cross Blue Shield come in and do a study, but it will not be done before July 1st, so the council still needs to come to an agreement on how to handle the current rate increase. Barbie Curtis informed the council that deductibles cannot change midyear, so option three would not be available until January. Also, we have employees who have already met this year's deductible, so that could be problematic when switching insurance companies. Alderman Blake suggested that we keep it as is and start working towards the next six month evaluation. Mayor Freeman said in the meantime we will contact Blue Cross Blue Shield. Chief Bell expressed that raising the deductible to $1200 would be counterproductive to having insurance and that he hopes no one would consider that option. Everyone agreed to his statement but Mayor Freeman did say that he only included it for comparison purposes. Alderman Moore commented that he has worked for American Greetings for 37 years and Municipal Health has always had better rates and better coverage. He asked if there was any discussion at the health board meeting regarding wellness programs as an incentive. Barbie Curtis said there are wellness programs, but currently no tiers of coverage offered. Alderman Ragsdale suggested we continue on with the six month evaluations. Mayor Freeman then revised his recommendation to council based on discussion. He recommended that we keep it as it is right now and we reach out to Blue Cross Blue Shield to take a look and do a rate study. He said we can then schedule a special called council meeting and hold a study session ahead of any changes made. Alderman Parker said it's the best we can do for now. All council members agreed with Mayor Freeman's recommendation. Mayor Freeman thanked Jennifer McKinney for her idea on getting the red, white and blue banners at the complex and around the city before Memorial Day. He also reminded everyone that tomorrow(May 20`h)was Primary Election day, so don't forget to go vote. 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 8:10 p.m. ATTESTED: PRO D: 0 , eaft.., &144)2_, 016k CITY CLERK-TREASURER MAYOR