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07 July 2011 Regular MINUTES OF THE VAN 13UREN, ARKANSAS CITY COUNCIL MEETING JULY 18, 2011 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, July 18, 2011 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 Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. City Attorney Candice Settle and City Clerk- Treasurer Barbie Curtis were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Paul Gant of First Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. Next, was a public hearing for cable franchise. Len Pitcock of Cox Communications heard a couple of questions and concerns from the alderman and meeting attendants. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on June 20, 2011. Alderman Swaim made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call, the following Council members voted aye: Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. The following voted nay: none. On the agenda next was a public hearing for abandonment of easement. There were no issues. On the agenda next was to consider AN ORDINANCE TO VACATE AND ABANDON A PUBLIC UTILITY EASEMENT RUNNING ALONG A PART OF TRACT 1 OF NULL TRACTS 1, 2, AND 3 IN 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 Ragsdale. 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 Ragsdale. 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 Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 19 -2011 CITY OF VAN BUREN, ARKANSAS such abandonment and the public interest and welfare are not adversely affected by abandon cnt of said public utility 1/25-rant ORDINANCE Na L 2011 NOW, THEREFORE, RE IT ORDAlh'ED AND ENACTED BY HIE CITY COUNCIL OF TILE CITY OF VAN BUREN, ARKANSAS, THAT: B E IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, .ARKANSAS, AN ORDINANCE TO BE ENTITLED: SECTION ry SECTION 1: Tbc G of Van .s Buren. Ar'van., hvacates, cby releases. vacates, a s, to abandons s rights. together with the rights of the public generally, in and to the pnbbc utility easement awing along Tract 1 of Null Tracts 1, 2, and 3, in the City of Van Buren, Arkansas, AN ORDNANCE TO VACATE A,ND ABANDON A PUBLIC UTILITY more specifically dcanibed above. EASEMENT RUNNING ALONG A PART OF TRACT 1 OF NULL TRACTS 1, 2, A.ND 3 LN TIIE CITY OF VAN BUREN, ARKANSAS: AND SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk FOR OTHER PURPOSES. shall be filed in the .Miscellaneous Records of the Circuit Clerk of Crawford County, Arkansas. WHEREAS, a petition has been filed with the City County of Van Buren, Arkansas, by Bob Null to SECTION 3: This ordinance shall take effect and be in force from and after its passage. ante and abandon the public utility easement along Tract 1 of Null Trac¢ 1, 2 and 3. being a replat of Lots IBA, 19A, and 1913. Crawford County Industrial Park Phase 0, an addition to the City of Van Bunn, Arkansas, more specifically described as follows: Existin¢ 2n 00 Foot Pub3 I 'ti Eau TN %STTN'FSS WHEREOF, the City of Van Boren, Arkansas, by its City Connell, did pus. approve, and adopt, by a von of for and Q against, the foregoing Ordinance at its Regular Meeting Pan of Tract 1, Null Tracts I. 2, and 3, Van Bunn, Crawford County, Arkansas being held on the 181° day of July, 2015. moth particularly described as follows: Commencing at a inch existing mbar marking the NoNlwe-st Comer of Traa 1. Thence along the east tine of Tract 1, South 01 degrees 28 minutes 00 seconds West, 650.00 feel to a Y. inch existing von pin. Thence leaving said east line, North 88 degrees 31 minutes 40 seconds West 65.50 feu to a polo: on the west line of an existing 40.00 Robert D. Freeman foot public utility and drainage casement and the Point of Beginning. Thence along said Mayor wen Uwe, South 01 degrees minutes 28 minutes W s seconds AYax, 20.00 feet, Thence leaving said west line, North 88 degrees 31 minutes 40 seconds West, 219.50 feet to a point on the east line of an existing 15.00 foot public utility easement Thence along said east line. ATTESTED: a 1 AS TO :ORM: North 01 degrees 29 minutes 00 seconds Ease 20.00 fat t0 a point on the south line of an existing 15.00 foot utility easement Thence along said south line, South 88 degrees 31 t AlA U iG(N minces 40 seconds Ease 219.50 feet to the Point of Beginning. containing 4,389.93 square feet Barbie Curtis Candice A. aA c and City OaklTreanurer City Anomcy WHEREAS, A.C.A. 814- 199 -103 provides for the abandonnarnt of public utility casements wader the conditions and in the manner provided for the vacation of streets and alleys proscribed by A.C.A. 4 14-301-301 a seq.; and WHEREAS, After due notice as required by law, the Council has at the time and place mach notice, heard all persons denting to be heard on the question and has ascertained that the public utility easement haenabove designated has thcefore been dedicated m the public use as a utility easement and that the same has not been used for a period of more than five (5) ,ears preceding this date; and that the owners of the property abutting such utility easement to be visaed have filed with the Council or have expressed their consent to On the agenda next was to consider AN ORDINANCE ESTABLISHING PROCEDURES FOR RESIDENTS OF THE CITY OF VAN BUREN, ARKANSAS, TO ACQUIRE A FENCE PERMIT; PROVIDING A VARIANCE PROCESS THROUGH THE BOARD OF ADJUSTMENT PROVIDING AN APPEALS I'ROCESS THROUGH THE CITY COUNCIL; 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 Sagely. 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 Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 20 -2011 CITY (W VAN BUREN, ARKANSAS SECTIONS. Should any portion of this Ordinance be Unconstitutional or invalid, and so declared by a court ofcotnpetent jurisdiction, then the remainder of this ORDINANCE NO 2011 ordinance shall not he affected by such partial invalidity. BE IT ENACI ti/ BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDLNANCE TO BE ENTITLED: LN WTFNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 2 for and Q against, the foregoing Ordinance at its Regular Meeting held on the 18th day of July, 2011. AN ORDINANCE ESTABLISHNG PROCEDURES FOR RESIDENTS OF THE LTry OF VAN BUREN, ARKANSAS, TO ACQUIRE A FENCE PERMIT; PROVIDING A VARIANCE PROCESS THROUGH THE BOARD OF ADJUSTMENT; PROVIDING AN APPEALS PROCESS THROUGH THE CITY COUNCJL; AND FOR OTHER PURPOSES. Robert D. Freeman Mayor WHEREAS, it has been determined by the City Council that them is a need to establish new fence contraction procedures and to clarify the procedures as it pertains to utility and drainage easements; and ATTESTED: s" r0 FORM: WHEREAS, notice ofa Public Hearing was duly published, and a Public Hearing was Jyn� --f— conduce Planning d by the Van Buren Planng Commission to consider these proposed lL gliki P S� W. _a procedures. Barbie Curtis Candice Settle City Clerkllreasurer City Attorney NOW, THEREFORE, BE IT ORDAESED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECHON I. The fence permit procedures art hereby set forth in attachment "A" hereto. SEC ION2 Whenever the fence permit applicant confronts a unique or peculiar hardship that prohibits the applicant from following the procedures as set forth in attachment "A", the Board of Adjustment may vary or modify such procedures in such a way that is consistent with public welt and safety. SECTION 3. In the evert a valance request by the applicant is disapproved by the Board of Adjustnent, the applicant may petition the City Council for a review of the variance vote. The Council may sustain the disapproval of the Board of Adjustment or refer the variance back to the Board of Adjustment for additional study and action as may be consistent with the requirements of the procedures. SECTION 4. The passage and approval of these fence permit procedures will protect the health, safety, and or /welt of the City and its citizens. 1 On the agenda nest was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAY OF "COWIN TRACTS 2A, 3, AND 4 WITHIN THE PLANNING JURISDICTION OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swain, Parker, Moore and Ragsdale. 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 7 -1 -2011 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. I I 2011 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVLNC AND ACCEPTING THE FINAL PLAT OF "COWIN TRACTS 2A, 3, and 4 WITHIN THE PLANNING JURISDICTION OF TIIE 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 Department has reviewed and approved this final plat 011 July 5, 2011; and WIIEREAS, as a result of this meeting, the proposed Final Plat hereto was recommended by a majority vote of the entire Planning Commission. NOW, TI I EREFORE, BE IT RESOLVED BY TI IF, CITY COUNCIL OF THE 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 Plai for Cowin Tracts 2A, 3, and 4 within the Planning Jurisdiction of the City of Van Buren, is hereby approved and accepted. SECTION 2: The Mayor is hereby authorized and directed to sign said plat document and the City Clerk is authorized and directed to attest to the same, upon acceptance of the constructed improvements by the City, or upon filing of any necessary bonds with the City Clerk. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 62 for and Q against, th toing Resolution its Regular Meeting held on the 18 day of July, 2011. LL.. Robe Freem. r Mayor ATTEST A� J VE� AS O FORM: C e� Barbie Curtis Candice A. Settle City Clerklrreasurer City Attorney Next on the agenda was Boards and Commissions. Mayor Freeman recommended the reappointments of Philip Bagby and Sue Moore to the Van Buren Planning Commission. Also, Commissioner Woody Nelson's tern expired and he has declined to serve another term. A recommendation to fill that seat will come at a later date. Secondly, the Van Buren Advertising Promotion Commission recommended the appointment of Nathan Teague to fill the vacated position of Cleo Davidson. Thirdly, the Van Buren Civil Service Commission recommended the reappointments of Joe Stewart and Gene Bell for another tenn. Next, the Van Buren Historic District Commission recommended the reappointments of Vickie Davis and John Symonds for another term. Lastly, the Van Buren Public Library Board recommended the reappointment of Laura Whitlow. Alderman Swaim seconded by Alderman Dodd made a motion to grant the nomination. 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 Ragsdale to appropriate the sum of $1,284,890.68 to pay expenses and salaries for June 2011, presented by the City Clerk. The Council followed with a unanimous vote. 7 05 -2011 0 1 3 9 PM C I T Y O 9 VAN BUR EE N PAGE: 1 TRIAL BALANCE AS OF: JLNE 30TX._,2011 10 General :unS' MONiX TO GATE YEAS TO DATE" ACCTY ACCOUNT N AME DEBIT$ CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200. 00 1020 Cash In Back 22,999.59 161,364.66 1020.03 Cash In Bank ASP'sb'nalxa;t Gra 0.00 0.00 0.00 0 Veterans' Memorlal -Act 934 111,923.30 1020.05 2009 Byrne Recovery Gran; 351.15 12,030.12 1020.06 2009 Byrne Grant 1 0 02 3 4 2. 2 3+ 0.00 120.00 1020.07 2007 Byrne G r a n t o po 0.00 pp 1 9 1 0 3 1020.08 Cash in Bank -Ina 2008 storm o.00 0 0 0 1 1 3 6 13 1 3 1020.09 District Cout Grant Mediation 0.00 25.00 4 2, 0 1 0- 9 3+ I 1020.10 Cash in Bank NDC 664.36 871.16 3020.11 Cash in Bank -KyBB 2,600.00 0.00 6 19 1020.13 Cash In Bank -ACT 833 19,922.53 67,952.05 32 1 4 2 1 3 1020.14 Court Automation-District 1,875.00 7 1 0 6 9 9 6 2 6 6 3 6 4 0 1020.15 Cash i n Bank -ACT 1 3 1 4 0.00 0.00 1 t 3 3 7 5 7 1020.16 AR Dept of Rural Services 0.00 0.00 O 3 1020.17 New Police Dept 0.00 35,000.00 1020.10 Cash in Sank PD Co Tax 8,162.95 40,061.42 1 6 2 3 9 0 6 d 0 1020.19 Cash in Bank FD Co Tax 6,900.30 146,832.15 1020.20 Cash In Bank Erosion Control 250.00 7,600.00 I L j ,'j y 0 1020.27 Cash in Bank Levee 844.99 8,464.16 p O 7 1020.28 Marisa Repairs 000 12,500.00 1 1020.31 Cash in Bank parks a ReC 4,587.00 0 3 0 a 9.660.92 1020.32 GIF -Parks 6 Recreation 0.00 0.00 1 j 1020.33 Cash in Bank -Yard Wass 2,463.70 74,236.29 4 1020.51 Cash in Bank Cemetery 18.12 15,036.86 1020.91 Cash in Bank Cap Imp 19,9]8.5] 701,287.72 1090 Investments 292.05 250,242.05 1040.10 Investments Sales Tax City 0.00 0.00 1040.18 Invest mans PD co Tax 0.00 0.00 3040.19 Investments FD CO Tax 0.00 0.00 I 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks 0 Rec 0.00 2.59 104 0.51 Investments cemete [r 0.00 48,752.59 1040.91 Investments Cap Imp 0.00 1,917,191.22 50 Fl xeo Assets 1 1 LO Acc te d Depretl scion 0.00 0.00 0.00 0.00 I 1504 Due from Payroll 0.00 0.00 4 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 41.12 3.16 1 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE I 2000 Accounts 0454006 0.00 0.00 1 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Llfe Payable 0.00 0.00 2035 Credit Union -First Resource 0.00 0.00 Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for fling. 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 Mount Olive Church to close Jefferson Street on August 6 from 3 -8:30 p.m. Motion was made by Alderman Swaim and seconded by Alderman Parker. The council followed with a unanimous vote. The Area Agency on Aging was present to give their quarterly report. April had a beginning balance of $3,306.00 with expenses totaling $33.00, leaving an ending balance of $3,273.00. May's beginning balance was $3,373.00 with expenses of $187.25, leaving an ending balance of $3,085.75. June had a beginning balance of $3,085.75 and expenses of $434.00, leaving an ending balance of $2,671.75. Mayor Freeman had a few things to go over. First, he distributed and discussed a mid- year report on revenues. Next, he discussed the revising of the ward boundaries. Lastly, Mayor Freeman mentioned that he, Brad Baldwin, and Street superintendant, Wayne Sandusky have been discussing how to maintain/fix streets with the current cost of asphalt, overlays, and the money that is available to do it. They are looking for streets to try and experiment with chip seal. We will still do overlays where need be, but it costs more. Chip seal is much cheaper than overlaying. 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 8:15 p.m. ATTESTED: AP'RO ED: CITY CLERK TREASURER MAYOR