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10 October 2015 Regular 7 { MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING OCTOBER 19,2015 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, October 19, 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, Moore, Swaim, Dodd and Sparkman. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. Alderman Petty was absent. This made a total of eight(8)present. A quorum was declared. The invocation was given by Chuck King of Heritage United Methodist Church. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on September 21, 2015. Alderman Parker made a motion to approve the minutes. Alderman Moore seconded the motion. On roll call,the following Council members voted aye: Alderman Moore, Swaim, Dodd, Sparkman and Parker. The following voted nay: none. On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Bell noted that this old system was giving them a lot of problems, so it is being replaced by the warranty. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 10-1-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 10 - -2015 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 O1'HI,R 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 $19,972.32 DVI Connection(DVR) PD-731 Model NVR-EDSRDE64961HH SN#W TTZA4 K 83 64 W 00013 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of 6.for and O against the foregoing Re.oluh.,at its regular meeting held on the 19th day of October 2015. 41116. Robert D.F _" � or ATTESTED: ' '.;,�� ,r s FORM: C .�. Barbie Curtis Candice A.Settle City Cleric/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF FORSGREN,INC. FOR THE 2015 STREET IMPROVEMENT PROJECT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said that the three streets that are included in this bid project are: Poplar from 20th Street to Highway 59, Alma Boulevard from 28th Street to 20th Street, and Northridge from Fayetteville Road to Highland Drive. 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, Swaim, Dodd, Sparkman and Parker. 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 10-2-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 10 - , 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 FORSGREN, INC.FOR THE 2015 STREET IMPROVEMENT PROJECT, AND FOR 0 IHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for the 2015 Street Improvement Project;and WHEREAS,bids have been received and opened in accordance with Arkansas law and Forsgren,Inc.was the lowest bidder meeting the bid specifications;and WHEREAS, the City of Van Buren has determined that the bid of Forsgren,Inc.,is the best bid. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS THAT: SECTION 1: The City of Van Buren,Arkansas accepts the bid of$777,089.55 as submitted by Forsgren,Inc.,as set forth in"Exhibit A"attached hereto. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the 2015 Street Improvement Project from Municipal Highway Four Lane Construction Distribution funds and to execute all documents necessary to effectuate the agreement. 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_Q_against,the foregoing Resolution at its regular meeting held on the 19'day of October 2 i _ 6 $ L i Robert D.Fri- .. Mayor ATTESTED: ;.'PRO TO FORM: (,614.4:„L, ff.„z Barbie Curtis Candice A.Settle 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 AND CONSTRUCTION MANAGEMENT FOR THE 2015 STREET IMPROVEMENT PROJECT 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. There was none. Alderman Swaim seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 10-3-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.10 -.5 -2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES AND CONSTRUCTION MANAGEMENT FOR THE 2015 STREET IMPROVEMENT PROJECT FOR DIE CITY OF VAN BUREN, ARKANSAS, AND FOR OIHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas desires to make various street improvements; and WHEREAS, the City is in need of engineering oversight and management of the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE 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 and construction management for the 2015 Van Buren Street Improvement Project—Phase I in the amount not to exceed$35,200.00 plus reimbursable expenses. 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, going Resolution at its regular meeting held on the 191 day of October 2015. Robert D. eman Mayor ATTESTED: • •P; A 0 FORM: Barbie Curtis Candice .'ettle City Clerk/Treasurer City Attorney On the agenda next was a discussion on the Downtown Drainage Project. Mr. Brett Peters with Hawkins-Weir Engineers explained that the original bids were laid out to re-route the drainage system which only solved the city's issue and not the Arkansas-Missouri Railroad's issues. After meeting with the A&M Railroad, Mr. Peters recommends we allow the current bids to lapse at the end of this month and then work with A&M Railroad to repair the existing drainage structure and fix both parties issues all at once and at a lesser cost than each party doing their own projects separately. By working together on this project,A&M Railroad has agreed to pay half of the costs associated with the project. Alderman Sparkman asked how much of the railroad would be affected. Mr. Peters replied that the railroad itself would not be affected,but the abutting personal property would be during the temporary construction easement. A motion was made by Alderman Sparkman and seconded by Alderman Parker to allow the bids to lapse and to pursue a joint venture with Arkansas/Missouri Railroad. The council followed with a unanimous vote. On the agenda next was to consider A RESOLUTION APPROVING THE FINAL PAYMENT FOR THE NEW SENIOR CENTER,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Sparkman seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 10-4-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 10-1�-2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING THE FINAL PAYMENT FOR THE NEW SENIOR CENTER, AND FOR OTHER PURPOSES. WHEREAS, Crawford Construction Company acting as the Construction Manager for the City of Van Buren,Arkansas advertised for bids for construction of a new senior center within the City;and WHEREAS,the City Council approved the Mayor entering into a construction contract with Crawford Construction Company and subcontractors in the amount not to exceed$3,126,612.32 by Resolution#04-04-2014; and WHEREAS, the City desires to change the project as set forth in the final payments as attached hereto,by increasing the contract amounts • by$81,437.95. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas accepts and approves the final payment of $308,041.29 for the new Senior Center to Crawford Construction Company and subcontractors. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the new senior center and to execute all documents necessary to effectuate said changes. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of for and l) against,the foregoing Resolution at its regular meeting held on the 19th day of October41") Robert D.Fn t • Mayor ATTESTED: • OS. Ta FORM: Barbie Curtis .•ce A.Settle City Clerk/treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE MOWING EQUIPMENT FOR THE CITY OF VAN BUREN, THROUGH THE STATE CONTRACT; AND FOR OTHER PURPOSES. The Clerk and City Attorney 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 Mayor's callingtheroll Y , the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 10-5-2015 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 THE MAYOR TO PURCHASE MOWING EQUIPMENT FOR THE CITY OF VAN BUREN, THROUGH THE STATE PURCHASE CONTRACT;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of mowing equipment for the parks and maintenance of City owned properties;and WHEREAS, the City of Van Buren desires to purchase(2)Gravely Pro Turn 460 Z T Mowers,for the price of$10,178.22 each,as set forth in attachment"A"hereto;and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such mowing equipment through the state purchase contract,pursuant to ARK.CODE ANN.§ 19-11-249,and the City has decided that it is in its best interest to purchase the above listed mowing equipment via the 2015 Arkansas State Contract,Award No.SP-I4-0053. NOW, THEREFORE,BE IT RESOLVED BY 1'HE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas is in immediate need of the equipment as set forth above. SECTION 2: Said Gravely Pro Turn 460 Z T Mowers are to be purchased via the 2015 Arkansas State Contract,Award No.SP-14-0053 from AAA Mowers for the total sum of$22,442.98. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this action. IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did pass,approve,and adopt,by a vote of for and E aga'.. e foregoing Resolution at its meeting held on the 19th day of October 2015. Aft Robert D. i— Mayor ATTESTED: p =,�0 • . 6.0kitst �� �116 Barbie Curtis andice 7'r ler City Clerk/Treasurer City • .rney On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2015; DECLARING AN EMERGENCY; 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 Moore. 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 Dodd. 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. Mayor Freeman noted that this is an annual requirement and that no changes have been made. 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, Swaim, Dodd, Sparkman and Parker. Nays—none. 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 Parker and seconded by Alderman Swaim, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 14-2015 real and ersonal CITY OF VAN BUREN,ARKANSAS J erty iin011 the City of Van 2:The rate ofN aBuen, Arkansas, orrthe OPublic BE IT ENAC ESD IBY�THE CITY COUNCIL, FOR THE I L brary,2015under the authority,for thenance of a vote of of a Cto peo- CITY OF VAN BUREN, ARKANSAS, AN ORDI- ple of the City of Van Buren, Arkansas,..and the NANCE TO BE ENTITLED: City General Elections held on the 7th day of AN ORDINANCE LEVYING (RENEWING) THE April,1942,(1 mill)and the 8th day of November, MILLAGE TAX FOR THE CITY GENERAL MUNICI- 1994,(.4 mill),be,and the same is hereby affixed PAL PURPOSES AND FOR THE PUBUC UBRARY at 1.4 mills on the dollar of the assessed valua- PURPOSES FOR THE YEAR 2015;DECLARING AN tion of all real and personal property subject to EMERGENCY;AND FOR OTHER PURPOSES. taxation in the City of Van Buren, Arkansas, for WHEREAS,the City of Van Buren,Arkansas,is du- the year 2015,for the library maintenance purpos- ly incorporated under the laws of the State of Ar- es, subject to the provisions of Act No. 848 of i kansas,with all powers,authority and duties of a 1981;the same being "adjustment or rollback of city of the First Class;and tax rates due to increase in aggregate valuation WHEREAS,the purpose of this Ordinance is imme- of taxable property." diately necessary for preservation of the health, SECTION 3: A Certified Copy of this Ordinance safety and welfare of the inhabitants of the City shall be filed in the office of the County Clerk of of Van Buren,Arkansas,and an emergency exists Crawford County,Arkansas,in order that the Quo- which requires that this Ordinance become imme- rum Court of Crawford County,Arkansas,may in- diately effective and in full force and effect;and 1 dude the same in the general levy of the year WHEREAS,the City of Van Buren,Arkansas,must 2015 and cause the same to be extended upon have funds for its municipal operations, and can the tax books and collected as required by law. only obtain the requisite funding to continue its SECTION 4: This Ordinance being immediately current level of services to its citizens by renew- necessary to obtain revenue to pay expenses of ing the levy of a 2 mill tax on real and personal the City Government for the City of Van Buren,Ar- property, for the general municipal purpose of kansas,and necessary in providing for the imme- the City, and by renewing the levy of a 1.4 mill I diate preservation of the public peace, health, tax on real and personal property tax for the Van I and safety,an emergency is declared to exist and Buren library maintenance purposes. this Ordinance shall be, take effect and be in NOW,THEREFORE,BE IT ORDAINED AND ENACT- force after its passage and publication. ED BY THE CITY COUNCIL OF THE CITY OF VAN IN WITNESS WHEREOF,the City of Van Buren,Ar- BUREN,ARKANSAS,THAT: kansas,by its City Council,did pass,approve,and SECTION 1:The rate of all real and personal prop- adopt,by a vote of for and against,the erty in Van Buren,Arkansas,for the year 2015, foregoing Ordinance-Fits regular meeting for general municipal purposes under the authori- held on the 19th day of October 2015. ty of Section 4,Article XII,of the Constitution of Robert D.Freeman,Mayor 1874,of the State of Arkansas,be,and the same APPROVED AS TO FORM: is hereby affixed at 2 mills on the dollar of the as- Candice A.Settle,City Attorney sessed valuation of all real property subject to ATTESTED: 1. taxation in the City of Van Buren,Arkansas, for Barbie Curtis;City Cler/Treasurer I the year 2015,for general municipal purposes. Published in the October 24, 2015 issue of the Press Argus-Courier. 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 Parker moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Dodd. The council followed with a unanimous vote. The 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 Dodd. 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. There was none. 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 Moore, Swaim, Dodd, Sparkman and Parker. 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 15-2015 CITY OF VAN BUREN,ARKANSAS Leal Description: ORDINANCE NO. 15 -2015 Traot 3 of Survey b "Bell, Burrough, Ue�ling, Braswell Consulting Engineers, In.,..a. ated dated April, 1979 nue particularly described as the Southeast Quarter of the Southwest Quarter; The Northeast Quarter of the SouthwestQ the Southeast Quarter; the Southwest Quarter BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, of the er;Southeasthe t sQuarter; tht QuartereSonitheast Quarter of the southeast Quarter; ARKANSAS,AN ORDINANCE TO BE ENTITLED: All that part of the Northeast Quarter of the Southeast Quarter lying South of I-40; All that part of the Southeast Quarter of the Northeast Quarter lying South of I-40; All that part of the Southwest Quarter of the Northeast AN ORDINANCE TO AMEND ORDINANCE N0.7-1963(VAN Quarter lying South of I-40; All that part of the Southeast Quarter of Nor NorthwesteQuarter lying South of I-40 all of thetTownshi Quarter; Section 16, BUREN MUNICIPAL CODE NO.14.04.01)FOR THE PURPOSEp 9 OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN Nand the NNorrttheast Quarter of the Northwest Quarter lying North of the mi ssouri BUREN,ARKANSAS,AMENDING THE ZONING MAP OF THE Pacific Railroad Right-of-Way; and the Northeast Quarter of the Northeast CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER Quarter lying North of the Arkansas River in Section 21, Township 9 North, PURPOSES. 'Range 32 West LESS AND EXCEPT a tract of land in the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16 more particularly dee ribe9 as beginning at the Southeast WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the StateCorn s of the Northeast Quarter of the Southeast Quarter; thence North 03 of Arkancs,s,with all powers,authority and duties of a city of the first class;and degrees 01 minutes 17 seconds East 330 feet; thence North 85 degrees 37 minutes 53 seconds West 300 feet; thence South 03 degrees 01 minutes 13 seconds West 329.75 feet; thence South 02 degrees 20 minutes 01 seconds WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van west 60.04 feet; thetce South 85 degrees 35 minutes 03 seconds East 300 Buren(Ordinance No.7-1963);and feet to the point of beginning. ALSO all accretions together with all minerals owned by the Grantor lying under this property, the accretions WHEREAS, a request has been made by Westridge,Inc.,represented by Kevin Bell,to rezone thereto and Rights-of-Way adjacent thereto. certain property within the city limits of the City of Van Buren;and ;and WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire September 23,2015,and a public hearing was conducted as required by law Planning Commission,in accordance with A.C.A.§14-56-422. (A.C.A.§14-56-422)on October 6,2015;and WHEREAS, as a result of this h NOW,I'Iir.REFORE,BE IT ORDAINED BY 1'lik.CITY COUNCIL OF THE Baring,the Planning Commission has recommended that CITY OF VAN BUREN,ARKANSAS,THAT: certain property within the city limits of the City of Van Buren be rezoned from its previous classification to the following: SECTION I: The above-described property is hereby rezoned and the Van Buren Zoning Map Parcel ID# Property Zoned New Zoning is amended to reflect this rezoning. 700 09190-001 C-2(Tlrorou IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did e Commercial) 1-2(Heavy Industrial) ass,approve,and adopt,bya vote of S for and p against foregoing Ordinance at its 700-09195-000 C-2 1-2 regular meeting held on the 19th day of October 2015. 700-09200-000 R-1(Single Family Residential) 1-2 l e 700-09205-000 Ro D. R 1 1-2 Mayor ATTESTED: APore •-:k • .Lees__ (.//11 l,c ',� Barbie Curtis Candice ettle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 8-2015 FOR THE PURPOSES OF DEMOLITION AND REPAIRS TO THE FIELD OF DREAMS SPORTS COMPLEX; DECLARING AND EMERGENCY; 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 Sparkman. 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 Dodd. 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. Mayor Freeman explained that at the time of the original ordinance we were still being reviewed by the insurance adjuster and so the ordinance only allowed for$100,000 which was what we knew our deductible would be. At this time, we have received about$90,000 from the insurance company and are waiting for more payments. As for FEMA reimbursement, due to the fact that it is over$100,000, we have to do the work and pay for it first, then submit a pay sheet for reimbursement. Alderman Parker asked what our total cost will be not including the deductible. Mayor Freeman replied that he believes it will be around $50-60,000, which is due to the 10% depreciation from the insurance company and 15% from FEMA that we are liable for. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman and Parker. Nays—none. 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 Swaim and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, Sparkman and Parker. 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 16-2015 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO -2015 SECTION I:The Mayor and City Clerk are authorized to expend up to three hundred thirty-two thousand five hundred thirteen dollars and forty three cents($332,513.43)of Capital Improvement Funds for demolition and repairs. BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED. SECTION 2: Due to the need to make payments to the contractor,an emergency is hereby declared to exist and this Ordinance shall be in full force from and after the date of its passage AN ORDINANCE TO AMEND ORDINANCE NO.8-2015 FOR and approval. THE PURPOSE OF DEMOLITION AND REPAIRS TO THE FIELD OF DREAMS SPORTS COMPLEX; DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. IN WITNESS W)3 REOF,the City of VanBuren,Ark»nc»s,by its City Cormcil,did pass,approve, and adopt,by a vote of �j for and against,the fogoing Ordinance at its regular meeting held oa the WHEREAS, the City of Van Buren has contracted with Crawford Construction Company of Van 19a day of October 2015. Buren for demolition and repairs to the Field of Dreams Sports Complex(Ordinance No. 8-2015)in the amount of one hundred thousand dollars($100,000.00);and WHEREAS, current estimate of repairs to the Complex from Crawford&Company,the insurance Robert D.F — –� adjustor for the Municipal League Property Program is$300,505.63;and Mayor WHEREAS, FEMA has approved funding of repairs in the amount of$132,007.80. ATTESTED: APPR r r 0 FORM: NOW,THEREFORE,BE IT ORDAINED BY 1HE CITY COUNCIL OF 1HE CITY OF /1 `� _ ` _' VAN BUREN,ARKANSAS: i f!/L. I Barbie Curtis .,dice A.Settle City Clerktfreasurer City Attorney I 1 Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Swaim to appropriate the sum of$ 1,280,362.37 topay expenses and salaries for September 2015,presented by the City Clerk. The Council followed with a unanimous vote. 10-14-2015 10:52 AN CITY OF VAN B URE N PAGE: 1 TR> .3'_0 9' AS OF: SEPTEMBER 30TH, 2015 I l 10 -General Fund 1 *** MONTH TO DATE *** *** YEAR TO DATE *** 1 ACCTS ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS 1 ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 25,586.51 333,813.09 1020.01 Cash In Bank-Ins. Reimb. 111,737.75 111,737.75 0.* 1020.03 Cash'In Bank-ASP'siWalmart Gra 0.00 7' 79.24 ' t 1020.04 Veterans' Memorial-Act 934 0.00 ' 10,298.16 1 ,069,664•01 + i; 1020.05 2009 Byrne Recovery Grant 0.00 0.00 I, 1020.06 2009 Byrne Grant 0.00 0.00 1 ,900•49÷ 1020.07 2007 Byrne Grant 0.00 0.00 204,201 .03+ 1 1020.08 Cash in Bank- Storm Damage 0.00 0.00 420.00+ {Fi 1020.09 District Cout Grant-Mediation 0.00 25.00 2,403•75+ {, 1020.10 Cash in Bank - HDC 4,086.55 5,209.96 !i 1020.11 Cash in Bank-KVBB 0.00 3,400.00 1 ,573•09+ 1020.12 Emergency Management Fund 0.00 0.00 006 1020.13 Cash In Bank-ACT 833 712.63 169,801.49 1 ,2b0 y 362•37* 1020.14 Court Automation-District 1,570.58 72,414.06 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 Q•* 1020.17 New Police Dept 0.00 1,476.18 1020.18 Cash in Bank - PD Co Tax 8,680.91 48,514.49 1020.19 Cash in Bank - FD Co Tax 132.47 114,019.39 1020.20 Cash In Bank-Erosion Control 175.00 17,900.00 1020.21 Cash in Bank-CPAcademy 0.00 101.19 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1- 1020.27 Cash in Bank - Levee 650.00 8,389.93 j 1020.28 Marina Repairs 0.00 10,495.60 1020.29 Property Maintenance-Scrap 0.00 63.25 ! 1020.30 Field of Dreams-Equipment 0.00 342.34 11 1020.31 Cash in Bank - Parks & Rec 0.00 136.72 I, 1020.32 GIF 0.00 89.43 1020.33 Cash in Bank-Yard Waste 4,297.56 163,650.70 11 1020.51 Cash in Bank- Cemetery 2,663.31 198.28 I 1020.91 Cash in Bank - Cap Imp 21,720.47 957,730.13 II 1040 Investments 0.00 0.00 it 1040.10 Investments - Sales Tax City 0.00 0.00 �� 1040.18 Investments - PD Co Tax 0.00 0.00 i! 1040.19 Investments - FD Co Tax 0.00 0.00 !' 1040.27 Investments - Levee 0.00 0.00 III 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 z' 1040.91 Investments - Cap Imp 159.57 375,909.93 it • II 1050 Fixed Assets 0.00 0.00 { 1051 Accumulated Depreciation 0.00 0.00 !I 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1, ` 1520 Due from Street Fund 3.52 3.52 i' 1540 Due From Library Fund 0.00 0.00 ILIABILITIES AND FUND BALANCE 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. The Area Agency on Aging gave their quarterly report. There being no further business, motion was made by Alderman Parker and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:30 p.m. ATTESTED: A I RO D: 46ikfL__ Ca'iz;) CITY CLERK-TREASURER MAYOR _�'