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02 February 2017 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING FEBRUARY 27,2017 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, February 27, 2017 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 Kneeland, Petty, Moore, Swaim, Wood and Sparkman. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was declared. The invocation was given by Sam McCain, Planning Commissioner. Mr. McCain then led the Pledge of Allegiance. Mayor Freeman then asked to adopt the minutes of the Council Meeting on January 23, 2017. Alderman Petty made a motion to approve the minutes. Alderman Moore seconded the motion. On roll call,the following Council members voted aye: Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. The following voted nay: none. Mayor Freeman then made his State of the City Address. On the agenda next was to consider A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2016. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Wood moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 2-1-2017 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - ) -2017 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2016. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: 2016 current year's revenues of$17,023,329.09(Seventeen Million,Twenty Three Thousand,Three Hundred Twenty Nine Dollars and Nine Cents)are appropriated and a copy of said Budget is attached hereto and made a part hereof; Said revenue includes the deduction of 2015 revenues which were received in January 2016,and includes the addition of 2016 account receivable listings received in 2017. SECTION 2: 2016 current year's expenditures of$17,133,035.00(Seventeen Million,One Hundred Thirty Three Thousand,Thirty Five Dollars and Zero Cents)including expenditures from prior year's balances are attached hereto and made a part hereof;Said expenditures include the deduction of 2015 Forsgren expenditures, and includes the addition of 2016 accounts payable listing paid in 2017. SECTION 3: All expenditures are approved and a copy of the Revised Budget is attached hereto and made a part hereof. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of Lc for and b- a_•ainst,the foregoing Resolution at its regular meeting held on the 27th day of February 2017 Robertir- •.-. Mayor ATTESTED: Al'01;1011t TIN.TO FORM: Phy 's Thomas -...ice ! the City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR TO PROVIDE FINANCIAL ASSISTANCE TO THE REGIONAL INTERMODAL TRANSPORTATION AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT. 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 Kneeland, Petty, Moore, Swaim, Wood and Sparkman.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 2-2-2017 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.oA- oa 2017 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 PROVIDE FINANCIAL ASSISTANCE TO 1HN.REGIONAL INTERMODAL TRANSPORTATION AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT. WHEREAS, the City of Van Buren,Arkansas recognizes the need for regional economic development cooperation;and WHEREAS, the Regional Intermodal Transportation Authority(RITA)was formed in August of 2009 by the cities of Van Buren and Fort Smith and the counties of Crawford and Sebastian to work toward improving the area's effectiveness in transporting goods while enhancing the potential for economic development in the region;and WHEREAS, funding is necessary to continue the operations of RITA and all members of RITA are asked to share equally in the operational cost of the entity;and WHEREAS, funding is necessary to enter into a contract with Vickerman and Associates,LLC.for preparation of a"Request for Expressions of Interest and Targeted Market Assessment" and all members of RITA are asked to share equally in the expense of the contract. NOW,THEREFORE,BE IT RESOLVED BY 1'HL CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1. The City of Van Buren,Arkansas fully supports RITA and wishes to continue to support RITA and the economic development of our region. SECTION 2. The Mayor of the City of Van Buren,Arkansas is hereby authorized and directed to make payment in the amount of$40,000.00 as the City's equal share for continued operations of RITA and$40,000.00 for the City's equal share of the contract with Vickerman and Associates,LLC.. IN WITNESS WHEREO the City of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of -for and 0 against,the fo _. sg Resolution at its regular meeting held on the 27th day of February 2017. Robe .Fr—I.an "1/4- Mayor Mayor ATTESTED: 'ar• •` yb.1. ,; • FORM: Ph His Thomas •:'ce 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 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. Larry Yancey with Hawkins-Weir explained some of the prior projects and how this process works. Alderman Petty asked if there is any overlap in costs when the contract becomes an actual project. Mr. Yancey replied that any work done now would carry forward and there would be no loss in motion which reduces the scope when the project comes to fruition. Alderman Petty asked about the $25,000 cap plus reimbursables. Mr. Yancey stated the last contract did not exceed$15,000. Mayor Freeman and City Attorney Candice Settle suggested to change the wording of the resolution to say"$25,000 plus any applicable reimbursable expense" so that it will match the contract. Alderman Wood seconded by Alderman Petty moved that the Resolution be adopted as amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 2-3-2017 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. c:- 3-2017 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING 1'li. MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR 1'H-E CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas desires to make various improvements within the City to include streets,drainage,bridges and sidewalks;and WHEREAS, in order to commence the projects and to seek grant funding,the City is in need of professional engineering services for the development of plans and designs,cost estimates,and supervision for said projects. NOW, 1'H.)N,REFORE,BE TT RESOLVED BY I'liL CITY COUNCIL OF I,J±l.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 preliminary engineering and designs,and cost estimates for the above listed projects. Payment for such engineering services shall not exceed$25,000.00 plus any applicable reimbursable expenses. IN WITNESS WHFREOF,the City of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of 6 for and 0 against,the foregoing Resolution at its regular meeting held on the 27Th day of February 2017. i .— Rob-rt P. re41 ..-71.---- ' -- Mayor ATTESTED: , -• • •VED :S TO FORM: 0.4 ii,.r424/Y ( I' ,` Ph lis Thomas Can.," City Clerk/Treasurer A.Settle City Attorney On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "LEGACY VALLEY PHASE 5" WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Petty asked if this would fall under the new sidewalk regulations. Mr. Brixey stated that it has been discussed. Alderman Sparkman seconded by Alderman Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 2-4-2017 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - -2017 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "LEGACY VALLEY PHASE 5" WITHIN THE CITY OF VAN BUREN,ARKANSAS. WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the laws of the State of Arkansas,with all powers,authority and duties of a city of the first class,and under such authority has adopted the Subdivision Regulations for the City of Van Buren(Ordinance No.7-2003);and WHEREAS, the Van Buren Planning Commission has reviewed and approved this final plat on February 7,2017;and WHEREAS, as a result of this meeting,the proposed Final Plat hereto was recommended by a majority vote of the entire Planning Commission. NOW,THEREFORE,BE IT RESOLVED BY 1'HN,CITY COUNCIL OF 1'HH,CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van Buren Subdivision Regulations Title 15 et sq.,being executed to assure that all improvements are put in and that all requirements of the Planning Commission are met, the submitted Final Plat for Legacy Valley Phase 5 within the City of Van Buren,is hereby approved and accepted. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of for and p against,the fore g •• •esolution at its regular meeting held on the 27th day of February 2017. IP a& Rose I..�tt :�rn_ui� Mayor ATTESTED: VED AS TO I RM: Colo PrY,s'13 se'/�7 7 kif Ph d] Thomas andice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE ALLOCATING AND APPROPRIATING INSURANCE PROCEEDS FOR REPAIRS TO VAN BUREN FIRE STATION NUMBER THREE; AUTHORIZING THE MAYOR TO PAY FOR ROOF REPAIRS; WAIVING BIDDING REQUIREMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Petty moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Wood. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Petty moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Wood. 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 Petty questioned if leaving the existing insulation in place was a good idea and about the probability of it being ruined due to the roof damage. Fire Chief Tim Arnold explained that they show no signs of leakage, but if when the roof is repaired they see damage we will go back to the league about having it repaired as well. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Petty and seconded by Alderman Wood to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. Nays—none. The Mayor declared the motion carried as there were six (6) ayes and(0)nays. Four (4)votes being necessary for passage. Motion was made by Alderman Petty and seconded by Alderman Wood, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 2-2017 CITY OF VAN BUREN,ARKANSAS SECTION 1: The City Council hereby waives the requirements of competitive bidding for the roof r ORDINANCE NO. Z._ repairs to Van Buren Fire Station Number Three as such a procedure is not deemed to be 2017 feasible or practical under the circumstances. Mayor and City Clerk are BE TT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, SECTION 2: with Dale Crampton Company for the roof by orepairs to Van Buren rized to enter into a Fire Station Number) ' AN ORDINANCE TO BE ENTITLED: Three as approved by Municipal Property Program in the amount of$21,882.00. AN ORDINANCE ALLOCATING AND APPROPRIATING INSURANCE SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van PROCEEDS FOR REPAIRS TO VAN BUREN FIRE STATION NUMBER Buren m execute all documents necessary to effectuate this Ordinance. THREE; AUTHORIZING THE MAYOR TO PAY FOR ROOF REPAIRS; WAIVING BIDDING REQUIREMENTS; DECLARING AN SECTION 4: the EMERGENCY; AND FOR OTHER PURPOSES. repairs hereto are deemed and found to be necessary for the immediate preservation of health,safety and welfare of the cityand as such as an emergency is hereby declared, WHEREAS, Van Buren Fire Station Number Three suffered roof damages due to weather;and pproval. mance shall take effect and be in full force upon and after its passage and WHEREAS, bids were sought with local contractors for repairs to a subject Property program;and pproval by the Municipal IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of(n for and o against, . .;oing Ordinance at its meeting held on WHEREAS, it would be impracticable and unfeasible to further bid these improvements for the roof the 276 day of February 2017. repairs without exposing this building to substantial water damages;and WHEREAS, Section 1458-303 of the Arkansas Code Annotated provides that"The governing body, Robert D.F nen — by Ordinance,may waive the requirements of competitive bidding in exceptional Mayor situations where such procedure is deemed not feasible or practical" NOW,THEREFORE,BE TT ORDAINED BY THE CITY COUNCIL OF IHE CITY OF ATTESTED: PR TO O VAN BUREN,ARKANSAS,THAT: I Phy t Thomas Candice A.Settle City Clerk/Treasurer City Attorney • Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Moore to appropriate the sum of$ 1,577,877.62 to pay expenses and salaries for January 2017,presented by the clerk. The Council followed with a unanimous vote. 2-17-2017 01:46_?M CITY OF V A N B DRE N PAGE: 1 TRIAL BALANCE AS OF: JANUARY 31ST, 2017 .0 -General Fund "' MONTH TO DATE '•* .•• YEAR TO DATE `*• ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS IS SE TS 1000 Petty Cash 0.00 200.00 0•*r 1020 Cash in Bank 234,678.81 128,936.04 1020.01 Cash In Bank-Ins. Reimb. 0.00 170,519.93 1 ,322)089•08+ 1020.03 Cash In Bank-ASP•s&Walmart Gra 0.00 79.24 12760•68+ 1020.04 Veterans' Memorial-Act 934 0.00 11,848.16 ' 1020.05 2009 Byrne Recovery Grant 0.00 0.00 149;25651 + t. 1020.06 2009 Byrne Grant 0.00 0.00 3,250•00+ 1020.07 2007 Byrne Grant 0.00 0.00 98,142•71 + 1020.08 Cash in Bank- Storm Damage 0.00 0.00 3,378•64+ 1020.09 District Gout Grant-Mediation 0.00 25.00 i=: � 1020.10 Cash in Bank- HDC 0.00 1,693.56 1 577°f5 7 7•6 2'#'{' 1020.11 Cash in Bank-KVBB 0.00 0.00 g�� 1020.12 Emergency Management Fund 0.00 0.00 0•* ' 4"{ 1020.13 Cash In Bank-ACT 833 71,813.07 62,477.54 0 1020.14 Court Automation-District 1,746.25 54,882.60 i e 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1'{ a. 1020.16 AR 1)ppt,.of Rural Services 0.00 0.00 ,,1 1020.17 New Police Dept 0.00 0.00 1 1020.18 Cash in Bank- PD Co Tax 17,716.65 65,672.86 1020.19 Cash in Bank- FD Co Tax 22,418.02 188,227.50 t 1020.20 Cash In Bank-Erosion Control 225.00 21,425.00 1= 1020.21 Cash in Bank-CPAcademy 0.00 0.00 .I 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 rr, 1020.27 Cash in Bank- Levee 0.00 8,489.93 . 1020.28 Marina Repairs 0.00 10,495.60 . 1020.29 Property Maintenance-Scrap 0.00 365.06 d1 1020.30 1020.30 Field of Dreams-Equipment 260.10 2,322.79 1020.31 Cash in Bank- Parks a Rec 0.00 136.72 ti 1020.32 GIF 0.00 89.43 1020.33 Cash in Bank-Yard Waste 12,097.14 236,836.35 #'i.' 1020.34 Cash In BankPublic Facilities 0.00 671.86 { ! 1020.35 Cash In Bank-Jail 3,678.86 56,093.78 1020.51 Cash in Bank- Cemetery 272.11 7,393.08 1020.91 Cash in Bank- Cap Imp 104,565.39 939,062.35 ! 1040 Investments 0.00 0.00 i 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 a Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 j 1040.91 Investments - Cap Imp 160.64 378,429.83 1050 Fixed Assets 0.00 0.00 ki 1051 .Accumulated Depreciation 0.00 0.00 g7 1504 Due from Payroll 0.00 0.00 1 p 1505 Due From Other Funds 0.00 0.00 SLS 1520 Due from Street Fund 0.47 0.47 f s 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 council had a request from the Boys and Girls Club to close streets for their 5k on April 29th. Motion was made by Alderman Petty and seconded by Alderman Swaim to approve the request. The council followed with a unanimous vote. Mayor Freeman stated that Legislative Audit is here for the next couple of months conducting our financial audit. City Attorney Candice Settle has obtained a copy of the City of Fort Smith's panhandling ordinance and will be reviewing it. March council meeting is back on schedule for March 20th. The Parks and Recreation team will have their final bike/walk/run trail meeting on Tuesday from 5:30-7:00. There is a basketball tournament this week from 3/1-3/4 and the city employees will be working the concession stand Thursday afternoon. Next, Mayor Freeman congratulated Alderman Swaim for his induction into the National Babe Ruth Hall of Fame and congratulated Alderman Tyler Wood on his upcoming wedding this weekend. There being no further business, motion was made by Alderman Swaim and seconded by Alderman Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:50 p.m. ATTESTED: • 1P OVED: ' CIT CLERK-TREASURER • YOR ---