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08 August 2004 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING HELD AUGUST 23, 2004 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, August 23, 2004 at City Hall The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following members answered as their names were called: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. City Attorney Candice Settle-Beshears and City Clerk Barbie Curtis were also present. This made a total of nine(9)present. A quorum was declared. The Invocation was given by Mr. Ronnie Capelle, Executive Vice President of Bank of the Ozarks. Next the Mayor led the Pledge of Allegiance. Next Nelda Capelle, host for some of the boys that were here for the Babe Ruth World Series spoke complementing Alan Swaim, Mayor Riggs and all the people who served on committees. She said they had thought of everything possible that could be done to make everything wonderful Nelda said everything was over the top. She said the picnic, the banquet, opening ceremonies and everything they did was fantastic. Nelda said the Mayor, Alan Swaim and the Committees had laid the groundwork for a year and she and her husband Ronnie Capelle volunteered to take two (2)boys and hada good time fora week. She said it was like a big party for a week. Nelda said it was awesome and she appreciated the opportunity to be involved in it. Nelda said when the parents that came in with the boys commented on all that had been done she was so proud to be a part of Van Buren, because that was the neatest experience. Nelda thanked everyone who worked for over a year preparing for the event and for letting the other workers enjoy it after the hard work was done. Mayor Riggs said they had a great week, heard a lot of good comments, they met all kinds of new fiends and had a lot of business in the area. The Mayor said City Inspector, David Martin had quiet a job keeping the bathrooms clean for everyone. Mayor Riggs said there were around 35,000 people at the Field of Dreams. The Mayor said, "they were all spending money in Van Buren and Crawford County and we all appreciate that". On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on July 19, 2004. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The following voted nay none. On the agenda next was to open a PUBLIC HEARING ON AN ANNEXATION OF CERTAIN LANDS COMPLETELY SURROUNDED BY CITY LIMITS. Mr. Doyle Johns representing twelve people owning approximately 15 acres of property in section 15 township 9 range 32. Mr. Johns said he had never lived in the City of Van Buren and he had enjoyed living in the County. He said his family all feel the same way. Mr. Johns said although he doesn't live in the City his Church was in the City and he promotes things in the City and he feels like he is a part of it. He said they would like to enjoy their freedom and they don't want any more laws put on them so they can enjoy what they have. Mr. Johns said they don't need any of the City Services and would like to be left out of the City. Mr. Michael Cormack owner of a business at 1125 East Pointer Trail spoke next. Mr. Cormack said he read in the newspaper that the City of Van Buren Planning Commission determined that the City of Van Buren for public safety and health issues other reasons should annex a large number of parcels of land in various locations into Van Buren. He said he would ask what specific public safety and health issues relate to 1125 East Pointer Trail. He said he had looked at the minutes from several city Planning Commission meetings and it was evident that the action was arbitrary in nature and was not an issue coming from citizens, but from the appointed members of the Planning Commission. Mr. Connack said it would have been nice if he had received a phone call or someone would have come to him and told him what was going on, instead of reading it in the paper and receiving a certified letter. Mr. Cormack said he would ask if that was the professional way to conduct City business and in any way to treat a taxpayer. He said before the Council voted, they need to sit down, in private and find out what each and every property owner would like to do. Mr. Connack said they might find out that the forced annexation might not be in the best interest of the citizens of Van Buren at this lime. He said it might be better to handle each piece of property on its merits. Mr. Cormack said he had a dream for his field. He said he was still going to be able to sell fireworks even if they force his property into the City. He said under the laws of the State of Arkansas, it states if you force the land into the City then his business right to sell fireworks was guaranteed. Mr. Cormack said if he were to ask to be annexed into the City he would loose that right to sell fireworks. Mr. Cormack said their business name was the Zone and his plans were for an eighteen(18)acre family fun park. They would be looking at modifying the current driving range, eighteen hole miniature golf course, covering the batting cages and adding pitching speed machines, building a go car track, paint ball arena, complete with pro-shop, towers and competition, also would included a 1500 square foot arcade and party room. He said this should be complete in the spring of 2005. He said these additions and improvements would be Phase I, and Phase II should be complete in the spring of 2006. Mr. Cormack said that would include a corporate pavilion, ice cream and candy shop, hamburger and pizza shop, a unique shopping area and a four-plex movie theater. Mr. Cormack talked about the safety issue and how Lake Lou Emma and the City reservoir did not have fences around them and there were a lot of kids present at these locations. He said the Water and Sewer Department and Engineering Department were telling him that he couldn't hook on to the sewer. Mr. Cormack asked what the hurry was. He urged the Council to talk to each property owner to see what they would hie to do, maybe some would like to be in the City and some may not. City Attorney Candice Settle said she needed to clarify a couple of things. She said the City Council members could not meet with each of the property owners privately because it would violate the F.O. I. Law Meetings Act. City Attorney Settle-Beshears said the desire of the Commission was to clean up all the areas and not to exclude Lake Lou-Emma. She said there was a specific statutory exemption for private lakes and by State Law they chose not to include themselves. Alderman Spoon asked Mr. Cormack the question why he did not want to be in the City. Mr. Cormack said if someone had come and talked to him a month or two ago or whenever it became an issue that they would probably never have seen him at the meeting. Alderman Barker said he really felt it was a safety issue with whatever they did there because they will need fire and police protection at some time. Next Mr. Chip Jeremiah spoke on behalf of his mother Mary Jeremiah and Uncle Jerry Richmond. He said they own 40 acres. He said his uncle still had cattle and fanned on that land. Mr. Jeremiah said they could not see any benefits for them to be in the City. He said their land was what was left of a 120 plus acres of a homestead of what was settled by his ancestors in the late 1830's. Mr. Jeremiah said his uncle would lie to keep things the way they were. He said his uncle had problems with dogs that where actually from the City Limits. Alderman Barker asked about the dogs and then told him if he lived in the City he could call Animal Control. Alderman Swaim asked about a time limit set on each speaker. The Mayor said all the speakers should talk only three(3)minutes. Next Mr. George Smith said he was just a poor old country boy he wants to keep it that way. When he dies and his family owns the property, then they may at that time want to be in the City. Next Phyllis Roundsville spoke, she was Mr. Smith's neighbor, owns 49 acres and did not want to be in the City. She didn't have City Water, City Sewer or anything else from the City. She said when the City backs up on Terry Street it's her property it backs up on. She said she had called the City and they had done nothing to help her. Next Mr. David Ford said he owns 30 acres of property by Mr. Smith and Phyllis Roundsville and he said he has livestock on the property and wanted to know what the restrictions would be on the property. He,said there is a ditch on the property also that gets trash from the City. He would like to know what the restrictions would be for building a pond or a barn. Mr. Ford said those were some concerns he has for the property. City Attorney Candice Settle-Beshears said the property would be zoned Rl unless the Council determined otherwise. Mr. Ford asked how many livestock per acre could a person own. Alderman Swaim replied one(1)head per acre. Alderman Barker asked it farms were grandfathered in if they are businesses. City Attorney Candice Settle- Beshears said it would zone R1 unless it needed to be changed and that would be up to the Council. Next Mr. AZ Hudson said he owned 72 acres next to Mr. Ford, Mr. Smith and Phyllis Roundsville. He said he was opposed to being annexed. He said one of the things that bothered him, was that he found out about this annexation in the newspaper. Mr. Hudson said that had left a bad taste in his mouth. Mayor Riggs asked if the people had received letters telling them about the annexation. Mr. Hudson said they did receive letters but after the fact of being in the newspaper. Mr. Hudson said none of them were opposed to progress just the things that are not fair and equal. Next Mr. Bill Stamps owns 15 acres of property on Pointer Trail, bordering 16th street, I-40 and the Golf Course. Mr. Stamps said he had already petitioned the City to come into the City before all the annexation came Next Ms. Jenieva Haines said she had been here for one year and a half. She said when she chose to live in Crawford County she had one purpose in mind that was her handicapped son that cannot live on his own. The City does not allow her to have a travel trailer so her son can live on his own. She asked if they annex the property into the City, would they grandfather the travel trailer in also. She asked what benefit she would have being in the City. She said at this point she opposed. Alderman Barker said that probably the American's Disability Act would allow a trailer for her son. Next Mr. Jack Neilson, a cattle rancher said he owned land out near Dora. He said the one(1)cow on an acre twenty(20)years ago might have been all-right but the way things are now with the soil and erosion control its been proven that some places can be boosted up to three(3) or four(4) calfs per acre. Mr. Neilson said he wondered if people with five(5)or more acres would be exempt from the zoning laws and would they be able to retain their right to their livestock. He asked if there would there be a problem with tractors, trailers or farm equipment around the barn or wherever. He asked if there would be a problem with target practice. He said his family lilted to do that sometimes. Mr. Neilson said they would like to keep things the way they were and do the things they have always done. Next Mr. Johns spoke saying everyone that had been down there tonight except one(1)person has been against the annexations. He said he believed in public hearings and had been to a lot of them and he felt you should represent the majority of the people. He asked the Council to take into consideration the wants of the people. Next Mr. Micheal Cormack said he was not against coming into the City of Van Buren, but he said he was against the way it had been done at this time. The Mayor said tonight was for discussion only and they will vote at the regular September meeting. Next Alderman Swaim said that Lake Lou Emma was exempt from being annexed, into the City by State Law. He said when Clovis Bryant was Senator from the area of Crawford County there was legislation passed by the State that made Lake Lou Emma exempt from being annexed into the City of Van Buren. Alderman Swaim said that was sometime in the 1960's. Alderman David Moore asked if Attorney Phillip Bagby and Bob Freeman would explain why they were having the Public Hearing. Mr. Freeman said they had had meetings between the Fire and Police Departments. He said the easiest way to take care of the dispute of who was to take care of the areas not annexed into the City was to clear up those lines. Alderman Parker said it was not possible to go one on one to hear and talk with each of the owners. She said that was what a Public Hearing was for so that each of Council members could hear what the other owners have to say. Mayor Riggs said the Public Hearing was closed at 8:10. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A SWEEPER FOR THE STREET DEPARTMENT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the following voted nay: 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 8-1-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. g- I -2004 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A SWEEPER FOR THE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids for a sweeper;and WHEREAS, Bids have been received and opened as advertised;and WHEREAS, The Council feels that the bid of Scruggs Equipment Company is the best bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with Scruggs Equipment Company to purchase a sweeper in an amount not to exceed $23,950.00, and the City Clerk is authorized to pay same. rr,PASSED AND APPROVED THIS do DAY OF AUGUST,2004. MAYOR OHN RIGG<S' ATTESTED: aA . CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A NEW CONTRACT FOR ENGINEERING SERVICES FOR THE 28Th STREET IMPROVEMENTS PROJECT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the following voted nay: 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 8-2-2004 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. o -2004 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A NEW CONTRACT FOR ENGINEERING SERVICES FOR THE 28TH STREET IMPROVEMENTS PROJECT. WHEREAS, The Council previously approved a contract for engineering services for the 28TH Street Improvements Project with Mickle Wagner Coleman Engineers,Inc. in the amount of$183,248.00 in February,2004;and WHEREAS, The Arkansas Highway and Transportation Department disapproved the contract because it was not in a format for a federally funded project;and WHEREAS, A new contract has been drafted and approved by the Arkansas Highway and Transportation Department;and WHEREAS, The cost of the engineering services pursuant to the new contract has increased to$202,621.48; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the Mayor is authorized to enter into a new contract with Mickle Wagner Coleman Engineers, Inc. to provide engineering services for the planning and design of the 28th Street Improvements Project as well as environmental and cultural resources assessments. Payment for such engineering services and reimbursable expenses shall not exceed $202,621.48. PASSED AND APPROVED THIS f.)\J DAY OF AUGUST,2004. MAYO JOHN aa — ATTESTED: Lt€LCALCIL- CITY CLERK/TREASURER Next on the agenda was a recommendation by the Boards and Commissions. The Housing Authority requested approval for Ken Kilgore to fill the un-expired term of Debbie Fort. Motion was made by Alderman Parker and seconded by Alderman Swaim to accept the recommendation. The Council followed with a unanimous vote. Next on the agenda was a recommendation by the Parks and Recreation Commissions to reappoint Jeff Donnell to another five(5)year term, also Brandy Mosbey to replace Louis Garr and David Needham to replace Nolan Broylas. Motion was made by Alderman Swaim and seconded by Alderman Dodd to accept the recommendation. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Spoon to appropriate the sum of $1,060,353.50 to pay expenses and salaries for July 2004, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. 8-11-2004 09:06 AM 883.630.8 1+ CITY OF VAN BURIN PAGE: 1 110,964.904 TRIAL BALANCE 33,169•26+ AS OF: JULY 31ST, 2004 10 -General Fund 21597•2 9+. 28,489•7_&:+ •.• MONTH TO DATE•., •.• YEAR TO DATE •,• ACM 2 1 ,50 1•38+ DEBITS CREDITS DEBITS CREDITS ASSETS 1 ,060353.90*.4. 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 133,522.42 246,127.89 1020.10 Cash in Bank - Sales Tax City 0.00 0.00 1020.18 Cash in Bank - PD Co Tax 1,595.09 25,346.13 1020.19 Cash in Bank - PD Co Tax 9,726.84 41,370.11 1020.27 Cash in Bank - Levee 2,700.00 3,094.17 1020.31 Cash in Bank - Parks&Rec 20,569.03 66,983.99 1020.51 Cash in Bank - Cemetery 46.86 2,423.54 1020.91 Cash in Bank - Cap Imp 19,483.08 336,156.29 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 - PD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parks a Rec 0.00 0.00 1040.51 Investments - Cemetery 2.45 - 48,517.38 1040.91 Investments - Cap Imp 1,140.21 910,152.61 1040.92 Capital Improvement CD 0.00 0.00 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 LIABILITIES AND FUND BALANCE 2000 Accounts Payable 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union-First Resource 0.00 0.00 2040 LOPFI Payable 0.00 0.00 2050 National Foundation Life Ins. 0.00 35.28 2080 Conseco Payable 0.00 0.00 2090 New York Life Ins. Payable 0.00 0.00 2100 Life Ins. of Georgia Payable 0.00 0.00 2130 Garnishments Payable 0.00 0.00 2135 R. Allen Trust 8502355610 0.00 0.00 2140 United Nay Payable 0.00 0.00 2150 Parks F Rec. P.O.D. 5.00 150.00 2160 Pre-Paid Legal Services 0.00 0.00 2170 P.O.P. 0.00 0.00 2175 Van Buren Fire Fighters Union 0.00 0.00 2176 Van Buren Firemen Contribution 0.00 0.00 2177 Police Officers Union 0.00 0.00 2200 Nage Payable 0.00 0.00 2210 Federal Incase Tax N/H 0.00 24.12 I Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. There being no further business Alderman Swaim seconded by Alderman Spoon made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:15 p.m. APPROVED: A 1-STED: MAYOK9 CITY CLERK-TREASURER