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07 July 2016 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING JULY 18, 2016 The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday, July 18, 2016 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,Dodd and Sparkman. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle were present. City Clerk-Treasurer Barbie Curtis was absent. This made a total of nine (9)present. A quorum was declared. The invocation was given by Rodney Porter, Pastor of Momentum Church. Mayor Freeman congratulated City Attorney Candice Settle on being elected as President for the Association of City Attorney's. Next, Mayor Freeman then led the Pledge of Allegiance. Mayor Freeman then asked to adopt the minutes of the Council Meeting on June 20, 2016. Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call, the following Council members voted aye: Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO RENEW THE ANNUAL SOFTWARE SUBSCRIPTION AND SUPPORT FOR THE POLICE DEPARTMENT. 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 Sparkman, Parker, Petty, Moore, Swaim and Dodd.Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 7-1-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 7- I -2016 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 RENEW THE ANNUAL SOFTWARE SUBSCRIPTION AND SUPPORT FOR IHE POLICE DEPARTMENT. WHEREAS, the Police Department has been using Information Technologies,Inc.Records Management software to draft and store police reports since 1998;and WHEREAS, in 2007 the Van Buren City Council approved upgrading the software from the Standard Edition to the Enterprise Edition;and WHEREAS, the software subscription and software support payment is due for the annual renewal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to renew the software subscription and software support for the Enterprise Edition of Records Management at a price of$22,211.25. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of tf for and 0 against,the foregoing Resolution at its regular meeting held on the 18th day of July 2016. • RobertD. an Mayor ATTESTED: •OVED AS TO FORM: Si` C eektu ne Hyatt Candice A.Settle Deputy City Clerk City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION OF A NEW PARK. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that this was only Phase 1 (northern portion) of the park and not the southern portion. He went on to say that the bid was about $300,000 over what the original estimate by CEI was and the only way to get out of that was to eliminate major aspects such as bathrooms or pavilions which cannot be done. He said $300,000 will come from park bond funds and the remaining amount will be paid out of Capital Improvements either by cash flow or through financing through an institution to supplement cash flow. Alderman Petty asked where the general fund money would come from. Mayor Freeman replied that it would come from Capital Improvements. Alderman Petty then asked how the bid process works. He questioned if Crawford Construction got the job because there weren't any other bids or if they were truly the lowest bid. Mayor Freeman explained that all bids received come in as sealed bids which he has in his office if Alderman Petty would like to view them. City Planner Joe Hurst also mentioned that local contractors knew about the open bid period. Alderman Petty stated that he is a strong advocate for local businesses and contractors, but he wondered if we would get a better deal going with the lowest bid. Mayor Freeman stated that he will never personally go with the lowest bid again and that most cities are now going with a construction manager so that we have more control over choosing the subcontractors. Alderman Swaim commented that through his eight (8) year experience on the Parks &Recreation Grant Commission this is a bargain price for this particular splash pad. 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 Sparkman, Parker, Petty, Moore, Swaim and Dodd.Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 7-2-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - y-2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: LED: A RESOLUTION AUTHORIZING TM. MAYOR TO • ENTER INTO A CONTRACT FOR CONSTRUCTION OF A . NEW PARK. WHEREAS, Crawford Construction Company acting as the Construction Manager for the City of Van Buren,Arkansas has advertised for bids for construction of a new park within the City,and WHEREAS, bids have been received and opened in accordance with Arkansas law and low bidders meeting the bid specifications have been determined. ' 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 enter into a construction contract with Crawford Construction Company and various contractors in the • amount not to exceed 11,760,726.00(exhibit"A")and to pay all expenses relating to this project. $RCTION 2: The Mayor is further authorized to utilize park bond funds,general funds and enter into an agreement with an appropriate financial institution in order to finance the construction, pursuant to AMENDMENT 78,SECTION 2 OF THE CONSTITUTION OF THE STATE OF ARKANSAS and ARK.CODE ANN.§14-78-103. IN WITNESS WHEREOF,the Ci of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of In for and O against,the foregoing Resolution at its regular meeting held on the 181 day of lady 2016. 0.11111116 .., Robert D.Freeman Mayor ATTESTED: a'••e a1 .TO FORM: CLLIA c'd itO e Hyatt .14 Candice A.Settle Deputy City Clerk City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 25-1997, TO CHANGE THE PERMITTED AND CONDITIONAL USE LEGEND AS IT PERTAINS TO HOSPITALS,NURSING HOMES AND DOCTOR AND DENTAL CLINICS,FOR THE CITY OF VAN BUREN,ARKANSAS. 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 Petty. The council followed with a unanimous vote. The 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 Sparkman. 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. City Planner Joe Hurst said that 22 of the 24 medical offices are located in commercial zones, however the other two are located in residential zones and were not previously required to obtain conditional use permits. The Planning Commission has since recommended any medical office wanting to operate in a residential zone to apply for the conditional use permit. Alderman Petty asked if there was anything pressing that would also warrant changes, and if so, we need to address those. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Sparkman and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd. Nays—none. The Mayor declared the motion carried as there were six(6) 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 9-2016 CITY OF VAN BUREN,ARKANSAS Permitted y of Van omen City of Van omen mland Conditional Permitted and Conditional ORDINANCE NO. 4 Use Legend Use Legend -2016 BE II ENACTED BYTHE CITYCOUNCD.,FORME CITY OF VAN BUREN, •• CANSAS AN ORDINANCE TO BE@IICED: X=Perm itted Use 2 r E X-Permitted Use _ _ R C AN ORDINANCE TO.AMEND ORDINANCE NO.251997,TO C=Conditional Use(mmtamvmnereq.mne _ _ _ E E re C 5 E c C=Condition al Use laws aapmwdin en E E ^, CHANGE THE PERMITTED AND CONDITIONAL USE LEGEND menavlenl i u o E n > • qa"d'g0A1OIm _ _ E E e AS IT PERTAINS TO ROSETTALS,NURSING HOMES AND _ _ ¢ m m t$ u u o' ten:ypon*.aon DOCTOR AND DENTAL CLINICS,FOR THE CITY OF VAN _ Nw°� X X % % .paaTv a.avtafacture.a�aNeq.ere,.emmnrmal C X BUREN,ARKANSAS. mow„etr s..m.a X X C nsband Pa.mea.lm., cf.nddo wet*lmktua cards X X x amlebade and,ena. % RHEAS, the City adopted nce Ordina241997 to provide for regulations for dm granting of s.ma4am.nsaaw*duels=miner X x x CCCC m Treem CCCC condition!uses within established mime and •terse X X % CCC C mem mins... CCCC EREAS, notkeofnPublicAesriogwodutypoblihed,mdnPoblieHeuiogwucwducted was* .. `n'""'sewn x x x e e e e e X r"°m`rr"`°^ e- C e X x x c c c c c by theV.oBmea Ph®nB Commitdoo on 7dy 5,201610 corsddeeth.proposed ima remamenpamrmmhm x x X CCCCC C .mmdmmk and .e.n.rva.m,nw,euwwmatmm.>wdra+m,mn X X x X wre.arve.a.4� SECTION 21 The various provisions and pub of this Ordinance are hereby declared to be EREAS, the proposed range herein was recommended by amajority vote of the entire C X XCCCCC xsection blsand, a *armtiat.rarplwl cancra row span ofasection,or my provision arpmd oCa Planning Commission. C x X CCCCC C provision herein is dcehuedto be unematihdional,inappropriate,orinvelid amlma m.aato.q *ors.dmtLaae.tc c CCX XXX by soy wort ofoompermtjurisdioaon,such hokEng shag not invalidate or ewe bese wee NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY IBE CITY COUNCIL OF %' affect the remainder of this Ordmmmend mthat e tlw provisimsherero '®°'I•^en"r•^•aeroate dcolmed to be severable. I CITY OF VAN BEREN.ARKANSAS,THAT: ammo.,wnp,..uysa.M.a.dnst..,wasmmn, x X X C C see ewes,wee npa.msnow lees eel aws...m. ZION 1- Ordiomee No.25-1997 shall be amended as follows: noels.real.. asm.aeaaaaa�.raa IN WITNESS WHEREOF,the City of Van Buren Arkansas, Fs Perm.m.ma.anma.wwta,®eteaaw,,.nep X x C C approve,and adopt,by a vote of for and O against the f by eCamnd,airmee held onthe IN going Onlinume at itsregNu wing .nmmnn r.m.om mn.,mv,duskaar.e o.. C C C dry oflnlyzo16. vaaoeeapa..,a,..r« X CCC me romancer nommen X CCC amaeme se*.rows*owes o.e.Iae setweew X X CC -C - *awe*re a ban aasetorare error Once and p ..net erWank Mem^,*I owes C X C C Robert wain ethos.p.a.Not pe wmer.eaa,an C x X Mrynr anermemerenaemeww,.4,.a*Ina*um el TMasmr,na,ow ATTESTED: ..TOFOR]IC• map Aannean f thewlemmanpra ram., CCX X aero dtint an anwn totitthe."a auma*teeaamas..a4 .aa,memrw CCX X uleneanpa a.Mdrm, « tan*Inn, Mena,mown... shan srnm.,emmrpm,m.meph...nwaae..memm m atV,XXCm'© City Attorney r,a,mac.yus.n.t>awprweAmdmtaallnn.o X X maarso het Next on the agenda was Boards and Commissions. The Historic District Commission recommended the reappointment of Derald Porter and Paul Gibson to another three year term. Alderman Parker seconded by Alderman Moore 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 Dodd and seconded by Alderman Parker to appropriate the sum of$ 1,498,997.37 to pay expenses and salaries for June 2016,presented by the clerk. The Council followed with a unanimous vote. . 1• 7-15-2016 11:32 AM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE ern aAS OF: JUNE 30TH, 2016 1$; 10 -General Fund t' •••MONTH TO DATE *•' ••• YEAR TO DATE ••' '._ ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS f' ASSETS • 0•C '. r y" 1000 PettyCash 0.00 200.00 5, 1020 Cash in Bank 70,741.87 256,859.58 0•00G+ }. 1020.01 Cash In Bank-Ins. Reimb. 0.00 75,000.00 'k 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 1 ' 1 1 1 , 9 9 0 .5 7 + i 1020.04 Veterans' Memorial-Act 934 0.00 - _ 12,598.16 1 , 850 •06 + :4 1020.05 2009 Byrne Recovery Grant 0.00 0.00 3020.06 2009 Byrne Grant 0.00 0.00 96'710.31 + 'A. 1020.07 2007 Byrne Grant 0.00 0.00 3 , 128•45 + 1020.06 Cash in Bank- Storm Damage 0.00 0.00 305•37 + 1020.09 District Coat Grant-Mediation 0.00 25.00 283 '547.85 + 11 1020.10 Cash in Bank- HDC 973.36 5,592.60 1020.11 Cash in Bank-KVBB 0.00 1,600.00 1 , 464•76 + : 1020.12 Emergency Management Fund 0.00 0.00 1 , 493, 997•37G+ 1020.13 Cash In Bank-ACT 833 25,517.72 188,516.49 1020.14 Court Automation-District 4,626.04 64,017.44 1020.15 Cash in Bank-ACT 1314 0.00 0.00 • 0•00G+ 4 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 0.00 `r` 1020.18 Cash in Bank- PD Co Tax 13,924.68 28,204.34 1020.19 Cash in Bank- FD Co Tax 18,541.66 144,212.64 1020.20 Cash In Bank-Erosion Control 175.00 20,175.00 i' 1020.21 Cash in Bank-CPAcademy 0.00 0.00 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1020.27 Cash in Bank - Levee 0.00 7,739.93 y1020.28 Marina Repairs 0.00 10,495.60 • 1. 1020.29 Property Maintenance-Scrap 0.00 365.06 '! 1020.30 Field of Dreams-Equipment 631.95 4,186.89 iii 1020.31 Cash in Bank- Parks 6 Rec 0.00 136.72 ', 1020.32 GIF 0.00 89.43 ▪ 1020.33 Cash in Bank-Yard Waste 2,135.96 200,483.36 ,a. 1020.51 Cash in Bank-Cemetery 973.37 3,505.87 . 11 1020.91 Cash in Bank-Cap Imp 52,793.02 844,012.47 2/. 1040 Investments 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 z 1040.18 Investments - PD Co Tax 0.00 0.00 f; 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 t 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 160.17 377,322.32 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 k 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 1. • LIABILITIES 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. Mayor Freeman said we still have one auditor here and he will be wrapping up his field work in the next couple of weeks. He also mentioned the jail is scheduled to open November 1st There being no further business, motion was made by Alderman Parker and seconded by Alderman Moore to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:56 p.m. ATTESTED: APPROVED: CI CLERK-TREASURER MAYOR