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05 May 2015 Regular r MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING MAY 26,2015 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Tuesday, May 26, 2015 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, Petty, Moore, Swaim, and Sparkman. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. Alderman Dodd was absent.This made a total of eight(8)present. A quorum was declared. The invocation was given by Karli Tounzen, Van Buren High School's Senior Class President. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on April 20, 2015. Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Sparkman, Parker, Petty and Moore. The following voted nay: none. 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. There was none. Alderman Swaim seconded by Alderman Petty moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Swaim, Sparkman, Parker, Pettynd Moore.y NaY s—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 5-1-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5 - I -2015 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$32,886.14. 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$28,019.16 from general funds and$4,866.98 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 5 for and O against,the foregoing Resolution at its regular meeting held on the 26th day of May 2015. 1 Robert D. reeman Mayor ATTESTED: APPROVED AS TO FORM: 1 Ler Barbie Curtis W�` City Clerk/Treasurer Candi�r Settle City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO TRANSFER CERTAIN EQUIPMENT TO CRAWFORD COUNTY EMERGENCY MANAGEMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Parker seconded by Alderman Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker, Petty and Moore. 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 5-2-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.5 - -2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE EN[TILED: A RESOLUTION AUTHORIZING 1'HI MAYOR TO TRANSFER CERTAIN EQUIPMENT TO CRAWFORD COUNTY EMERGENCY MANAGEMENT. WHEREAS, the City of Van Buren has an existing radio tower at the former police station for which the City needs no longer;and WHEREAS, Crawford County Emergency Management is in need of said tower;and WHEREAS, the City of Van Buren benefits from the services of Crawford County Emergency Management and the CCEM facility is designated as an alternate facility for City operations in case of disaster. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Mayor is hereby authorized to transfer the excess radio tower at the old police station to Crawford County Emergency Management. SECTION 2: Crawford County Emergency Management is responsible for all costs of removal, transport,and installation of said tower. 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 26th day of May,2015. Robert D. eeuimr Mayor ATTESTED: AP' VED AS TO FORM: .1„9, Barbie Curtis .1. -- e - City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Swaim made the comment that these were all highly traveled bus routes. Alderman Petty asked if this also included the cost for supervision of these projects. Brett Peters with Hawkins Weir stated that this proposal was for design bidding and that hourly contract would come after. Alderman Petty then asked that the resolution be amended to reflect that this contract will not include project supervision. Mayor Freeman stated that these projects will be funded out of our Municipal Highway Fund. Alderman Petty seconded by Alderman Moore moved that the Resolution be adopted as amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker, Petty and Moore. 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 5-3-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5j - -2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING UM MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR 1'HE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas desires to make various street improvements within the City;and WHEREAS, in order to commence,the City is in need of professional engineering services for the development of plans and designs,and cost estimates for said projects. NOW, THEREFORE,BE IT RESOLVED BY ME CITY COUNCIL OF 1'HE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to enter into a contract(Exhibit"A")with Hawkins-Weir Engineers,Inc.to provide engineering services for the development of plans and designs, and cost estimates for various street improvements.Payment for such engineering services shall not exceed$74,000.00 plus reimbursable expenses. IN WITNESS WHEREOF,theCi�of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of CCfor and against,the foregoing Resolution at its regular meeting held on the 26th of May 2015. Robert D.Free Mayor ATTESTED: -.`APP 0 D •S t ORM: \ Barbie Curtis C:. .ice A.Se e City Clerk/Treasurer City Attorney i . On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC. FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN,ARKANSAS AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman stated that this is not related to the Hawkins Weir project that was just approved. These materials will be paid for out of our Street Department reserves. Alderman Petty asked if there was a list of targeted streets. Mayor Freeman replied yes. Alderman Parker seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker, Petty and Moore. 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 5-4-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5 - -2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC.FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren desires to continue with a program of street repairs and improvements and as a part of that program the Street Department will overlay portions of various other interior streets within the City of Van Buren; and WHEREAS, the Van Buren City Council approved funds in the 2015 budget for street repairs and in-house projects;and WHEREAS, ARK.CODE ANN.§14-58-104 waives the requirements for competitive bidding for asphalt;and WHEREAS, the City of Van Buren will purchase asphalt from APAC Central,Inc.in the amount not to exceed$200,000.00 for said projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS: SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all invoices to APAC Central,Inc.from street funds relating to these overlays and to execute all documents necessary to effectuate this resolution. 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 10 against,the foregoing Resolution at its regular meeting held on the 26th day of May 2015. ip la o .� Robert D.Freeman Mayor ATTESTED: AP' • 1 1 . TO c • : Barbie Curtis Candice ettle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Alderman Peaty asked what his plans were for the house on the corner as well as the mobile home and storage building. A gentleman from Rustic View, LLC stated that the house on the corner is not part of this property, but they will be removing the mobile home and storage shed. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker, Petty and Moore. Nays—none. 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 7-2015 CITY OF VAN BUREN,ARKANSAS Legal Description: ORDINANCE NO. q -2015 Lots 13-17,Block K of Rea's Addition to the City of Van Buren,Arkansas; BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, Layman's Description&Parcel Numbers ARKANSAS,AN ORDINANCE TO BE ENTITLED: 820 North 24th Street,Van Buren,Arkansas;700-05729-000&700-05728-000 AN ORDINANCE TO AMEND ORDINANCE NO.7-1963(VAN BUREN MUNICIPAL CODE NO.14.04.01)FOR THE PURPOSE ;and OF REZONING CERTAIN PROPERTY IN 171E CITY OF VAN BUREN,ARKANSAS,AMENDING THE ZONING MAP OF THE WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER Planning Commission,in accordance with A.C.A.§14-56-422. PURPOSES. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State CITY OF VAN BUREN,ARKANSAS,THAT: of Arkansas,with all powers,authority and duties of a city of the first class;and SECTION 1: The above-described property is hereby rezoned from R-2 to R-3 and the Van WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren Zoning Map is amended to reflect this rezoning. Buren(Ordinance No.7-1963);and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did WHEREAS, a request has been made by Lee Le represented by Rustic View,LLC.,to rezone pass,approve,and adopt,by a vote of 5 for and D against the foregoing Ordinance at its certain property within the city limits of the City of Van Buren;and regular meeting held on the 18th day of May 2015. WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on April 18,2015,and a public hearing was conducted as required by law(A.C.A.§14- 56-422)on May 5,2015;and Robert D.Freeman Mayor WHEREAS, as a result of this hearing,the Planning Commission has recommended that certain property within the city limits of the City of Van Buren be rezoned from ATTESTED: a FARM; its previous classification to the following: �� ` Property Zoned ��a �,I New Zoning Barbieiutis City Clerk/Treasurer City•ttomey R-2(Two-Family Residential District) R-3(Multi-Family Residential District) Next on the agenda was Boards and Commissions. The Van Buren Planning Commission recommended the reappointment of Jay White and Andy Dibble to another three year term. Alderman Sparkman seconded by Alderman Petty made a motion to grant the nominations. The Council followed with a unanimous vote. The Van Buren Historic District Commission recommended the reappointment of Cathy Gifford to another three year term. Alderman Parker seconded by Alderman Swaim made a motion to grant the nominations. The Council followed with a unanimous vote. The Van Buren Library Board recommended the reappointment of Robin Holt to another five year term. Alderman Parker seconded by Alderman Petty made a motion to grant the nominations. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Parker and seconded by Alderman Swaim to appropriate the sum of$ 1,335,342.86 to pay expenses and salaries for April 2015,presented by the City Clerk. The Council followed with a unanimous vote. 5-12-2015 10:27 AM CITY OF VAN B URE N PAGE: 1 �� TRIAL-BA�.P.NCE AS OF: APRIL 30TH, 2015 10 -General Fund *** MONTH TO DATE •** •*• YEAR TO DATE *5* ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS "I ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 1,159.91 178,871.96 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 '. r 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 1 •* 1020.04 Veterans' Memorial-Act 934 0.00 10,298.16 1020.05 2009 Byrne Recovery Grant 0.00 4,200.00 1 ,071 ,788•11+ 1020.06 2009 Byrne Grant 0.00 D.00 1 ,799-25+ 1020.07 2007 Byrne Grant 0.00 0.00 104,188.06+o 18 • 6+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 _ 1020.09 District Cout Grant-Mediation 0.00 25.00 1 7 `J 23+ 1020.10 Cash in Bank- HDC 563.92 1,512.69 1 ;642-28+ 1020.11 Cash in Bank-KVBB 1,800.00 1,700.00 135,462•73+ 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 2,870•20+ 20,875.57 150,444.51 1020.14 Court Automation-District 1,496.48 78,098.72 007 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1 ,3 3 5,3 4 2•Et6* 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 1,476.18 1 1020.18 Cash in Bank- PD Co Tax 77,805.13 34,381.33 , 1020.19 Cash in Bank - FD Co Tax 47,656.85 84,297.19 1020.20 Cash In Bank-Erosion Control 350.00 16,800.00 1020.21 Cash in Bank-CPAcademy 0.00 101.19 ,I 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1 1020.27 Cash in Bank- Levee 0.00 9,245.26 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 & Rec 3,836.17 4,836.17 1020.32 GIF 33,491.00 38,253.00 1020.33 Cash in Bank-Yard Waste 8,341.48 236,181.41 1020.51 Cash in Bank - Cemetery 87.17 3,923.57 1020.91 Cash in Bank- Cap Imp 33,925.96 1,609,594.92 1040 Investments 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 159.23 375,123.05 1050 Fixed Assets 0.00 0.00 i 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 0.48 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE i. . Next Police, Fire, Building Inspector, Public Works/Planning, 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. Mr. Wasson, a representative of Clean Line Energy, made a short presentation to the council. There were also sixteen citizens in attendance that voiced their opposition to the council regarding the Clean Line Energy lines. Alderman Swaim recommended they take some time to review the material and come back next month with a resolution to make a decision. There being no further business, motion was made by Alderman Parker and seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: • 'PR VED: 4;6.a/1,14 111116. CITY CLERK-TREASURER MAYOR