09 September 2011 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING SEPTEMBER.19, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
September 19, 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 Swaim,
Parker, Moore, Ragsdale, Dodd and Sagely. City Attorney Candice Settle and Deputy City Clerk
Ashley Rust 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 Reverend C.A. Harris of Greater Pilgrim Rest Baptist
Church.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on August 15, 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 Parker Moore, Ragsdale, Dodd, Sagely and Swaim. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on August 25, 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 Parker, Moore, Ragsdale, Dodd, Sagely and Swaim. The following voted nay:
none.
On the agenda next was to consider AN ORDINANCE TO AMEND THE VAN
BUREN MUNICIPAL CODE, CHAPTER 8.08 AND REPEAL THE VAN BUREN
MUNICIPAL CODE CHAPTER 8.12, TO CLARIFY TRUCK WEIGHTS AND TRUCK
ROUTES WITHIN THE CITY OF VAN BUREN, 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. Mayor Freeman used King School and the Forrest
Oaks Subdivision as an example. When contractors come and apply for the building permits
designated truck routes will be assigned for that building project.
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 Parker, Moore, Ragsdale, Dodd,
Sagely and Swaim. 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 24 -2011
CITY OF VAN BUREN ARKANSAS J
ORDINANCE N0.24 2011 amend SECTION •2. The passage and approval of .these
amendments to Van,Buren Ordinance 20- 1980,and
BE IT ENACTED, BYTHE CITY. COUNCIL„ FOR THE the repealing of Van Buren Ordinance 11 1985 will
CITY OF VAN: BUREN ARKANSAS; AN ORDINANCE protect the health, safety; and /or welfare of the City
TO BE ENTITLED. and its citizens
ANORDINANCE TO AMEND THE VAN BUREN SECTION 3: ,The various Ipowsions. and parts of -this
MUNICIPACCODE, CHAPTER 8.08 AND REPEAL THE Ordinance are hereby declared to be severable and if
VAN BUREN MUNICIPAL CODE CHAPTER 8.12 TO any section or part pf a section, or any provisian� or
CLARIFY TRUCK WEIGHTS AND TRUCK+ part of a provision herein, is declared to be unconsti-
ROUTES WITHIN THE CITY OF VAN BUREN tutlonal inappropriate or invalid by any; of
t OSE
FOR PURP
a competent lunsd¢tion, such hol shall'not mvali-
WHEREAS The C'ty adopted;Ordinance 20 1980 and date or affect the remainder of this Ordinance and to
Ordinance 11 -1985 to designate truckrweigfits` and that extent the provisions hereto declared to he
truck routess for certain vehicles and to prohibit cer-
tain traffic on, specific streets and r IN WITNESS WHEREOF,. the Qty, of Van. Buren Ar
WHEREAS,`pUpon review of these Ordinances and in kansas; by,: its City Couhcila did pass approve,. and
light of changes in needs and circumstances since adapt; by vote of 6 for and 0 against, the foregoing
they were adopted certain modifications, are circumstances. Ord at its Regular Meeting held ;on the 19th
priate and necessary for the health, safety.. and wel-
day of Sepiember, 20,1Pa r
fare of the citizens of Van Buren Robert D. Freeman t` :-.SW
WHEREASj)The Planning' Commission held a public Mayor
heanng'on May 3, 2011 to discuss necessary amend- Al FES7ED:
merits to these Ordinances....5..
Ashley D- Rust
NOW THEREFORE,, BE IT ORDAINED BY THE CITY Deputy CRY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS
APPROVED AS TO FORM:
THAT Candice A Settle
SECTION 1'. The propo m
s amendments t6 the Van CityAttorney
Buren Municipal Code Chapter 8.08 and the repealing published in the September 21,2011 issue of the
of Chater 8.12 are hereby set forth in' attachment press Argus- Courier:
"A hereto.
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. There was none. Alderman Swaim seconded by
Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely and Swaim.
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 9 -1 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 2011
B13 IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, ARESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK
TO REMOVE AND DISPOSE OF CERTAIN FLUID ASSETS FROM
THE CITY OF VAIN BUREN'S FIXED ASSET ENV&VFORY, BY
SEALED BID. AUCTION OR OTHER METHODS AUTHORIZED
UNDER TEM LAW AN) FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets an 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 ow State
Auditor that said iterns or item be from the City's Fixed Asset
loventory and disposed of by sealed bid, auction or as otherwise authorized
under Arkansas taw.
NOW, THEREFORE, BE IT RESOLVED BY TIT: CITY COUNCIL OF VAN
BUREN, ARKANSAS TEAT:
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 Inventors' Control
Street Department 82,046.68 Snap -On Scanner ST -207
S/N MT250082999
Street Department 81,998.00 John Deere NCX6 Rotary Mower ST -227
S/N WOOMX6X0123503
Street Department 52,501.83 ICFU300 Ice Machine ST -230
S/N 5081280010238
Property Maine $4,911.93 Lazar Z Riding Mower PM-I 1
Department S/N 766958
Department Amount Description of Inventory Control
Field of Dreams $1,93000 18'Flat Bed Trailer DR -56
1 DGRS 182975)076788
124 WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of S.. for and 0 against, the foregoing Resolution at its
regular meeting held on the 19 day of September, 2011.
-r•
Robert D. F
Mayor
ATTES'T'ED; AP' t OVED A TO FORM:
BMbieRufi AakWI D-Rn& Candice A. Settle
GiehGleiloccfeastrer Dcpur 0t1 Clerk City Attorney
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR VACATING UTILITY EASEMENTS RUNNING ALONG LOTS
1 AND 2 OF GULLETTE ESTATES, AN ADDITION TO THE CITY OF VAN BUREN,
CRAWFORD COUNTY, 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 Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely and Swaim.
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 9 -2 -2011
NOW, THEREFORE, BE IT RESOLVED BY Ent, CM COUNCIL OF 'CITE CITY 00
CITY OF VAN BUREN, ARKANSAS VAS BUREN, ARKANSAS, THAT:
RESOLUTION NO. -21111
SECTION 1: A Public Heating is set for October 17, 2011, at 7:00 PAT in the Van Berm City Council
Room, at which time said Petition shall be presented to the City Council and the Council
BE IT ENACTED HY 1110 CITY COUNCIL, FOR 1866 CITY OP VAN BUREH,
ARKANSAS, A RESOLUTION TO BE ENTITLED: will determine at that time if such portion of said public utility easement should be
vacated and that all affected property owners and other persons directly interested have
consented to such vacating.
A RESOLUTION SEATING A PUBLIC HEARING DATE FOR
VACATING UTILITY EASEMENTS RILNNLNG ALONG LOTS I AND 2 SECTION 2: The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication
OF GULLEITE ESTATES, AN ADDITION TO THE CITY OF VAN once a week for two consecutive weeks in some newspaper, published in Crawford
BURET, CRAWFORD COUNTY, ARKANSAS County, advising the property owners and others affected, of said dam and time the
Council will hear said Petition.
WHEREAS, Cynthia Dougan Gattis, and Jim and Dona Watson have petitioned the City Council of
Van Buren, Arkansas, to vacate and abandon the utility easements along Lots 1 and 2 of
Gu11ette Estates, an addition to the City of Van Buren, Arkansas, more specifically IN WITNESS WHEREOF, the Cit of Van Buren, Arkansas, by its City Conned, did pass,
described as follows: approve, and adopt, by a vote ofd for and 0 against, the foregoing Resolution at its regular meeting
Description of two Existing 15.00 Foot Utility Easements held on the 19" day of September, 2011.
TWO 15.00 FOOT WIDE UTILITY EASEMENTS LOCATED IN PART OF t
LOTS I AND 2, GULLETTE ESTATES, AN ADDITION TO THE CITY OF
VAN BUREN, CRAWFORD COUNTY, ARKANSAS, BEING MORE Robert D. I'ranlr
PARTICULARLY DESCRIBED AS FOLLOWS: BEGENNING AT THE Mayor
NORTHWEST CORNER OF SAID LOT 1; THENCE N86 °3926 5 E, ALONG
THE NORTH LINE THEREOF, 15.00 FERI; THENCE S03 °20'34 "E, ATTESTED: rAPPROVED STOFORM:
LEAVING SAID NORTH LINE OF LOT 1, 262.75 FEET; THENCE nn w
N87 5621 "E 218.99 FEET TO THE EAST LINE OF.SAID LOT 2; THENCE a Y1tAt ta
S03 02'23 "E, ALONG SAID EAST LINE OF LOT 2, 15.00 FEET TO THE Pumbie -Ge is A Wy D End ice A. Se e
SOUTHEAST CORNER OF SAID LOT 2; THENCE 587'56'21 "W, ALONG C-i €lert mauueo-14.pttv City Attorney
TEE SOUTH LINE OF SAID LOI 2, 233.91 PEET TO THE SOUTHWEST
CORNER OF SAID LOT 2; THENCE NO3°20'34 \V, ALONG THE WEST
LINE OF SAID LOTS 1 2, 277.42 FEET TO THE POINT OF BEGA'NING,
CONTAINING 7448.02 SQUARE FEET, MORE OR LESS.
and,
WHEREAS, Cynthia Dougan Gattis, and Jim and Dona Watson own all the property through which
the public utility easement to be vacated extends; and
'WHEREAS, The City Council of Van Buren, acting wider the authority of A.C.A. 14-199 -103 and
A.C.A. 14-301-302, has the authority to vacate public utility easements or segnents
thereof.
On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH
BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED
OF BY SEALED BID, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Aldernan Swaim
seconded by Aldennan Parker moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely and
Swaim. 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 9 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE HIGH BIDS FOR
CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND
DISPOSED OF BY SEALED BID, AND FOR OTHER
PURPOSES.
WHEREAS, The City of Van Buren has authorized the sale and disposal of certain fixed assets
which are obsolete, and/or beyond repair, and are no Longer cost effective, so as to
no longer be needed by the City, pursuant to Resolution No. 8 -3 -2011; and
WHEREAS, The City of Van Buren, after advertising, soliciting and opening sealed bids for said
assets, has received adequate and acceptable bids for each listed item thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION I: The Mayor is hereby authorized to accept the high bids as set forth in Exhibit "A" attached
hereto for the following properties:
2007 Ford Crown Victoria PD 615 S 2,499.99
2006 Ford Crown Victoria PD 609 2,151.00
2004 Chevrolet Impala PD 569 52,100.00
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents necessary to effectuate these sales and transfers and
to deposit funds into the Federal Forfeiture Account.
LN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (Q for and O against, the foregoing Resolution at its
Regular meeting held on the 19th day of September, 2011.
Robert D. F eman
Mayor
ATTESTED: ,PI'RO FD 7t, /t ORM:
1
Barbie tis D. Rut: tan• ice A. Settle
C bcT"Ui C TjClcfk City Attorney
Next on the agenda was Boards and Commissions. The Van Buren Advertising
Promotion Commission recommended the reappointment of Debbie Foliart to another term.
Alderman Parker 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 $1,603,954.19 to pay expenses
and salaries for August 2011, presented by the Deputy City Clerk. The Council followed with a
unanimous vote.
9 12 -2051 09:40 C I T Y O F V A N 0 0 1 0 0 0AGE:
mi TRIAL BALANCE
AS OF ,'0T iL`51', 2011
10 General Fund
M1NTA TO DATE 0090 TO DATE
ACCTO ACCOUNT NAME DEBITS 0600170 DEBITS CREDITS
h .1 ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in sank 52,906.05 159,186.61
1020.03 cash 11 Ban1- as re Gra 0.00 0.00
j 1020.04 Veterans Memorial-Act 024 1,000.00 118, 023.30
1020.05 2009 Byrne Recovery Grant 24 3.08 11,658.01
1020.06 2009 Byrne Grant 0.00 120.08
1020.01 2007 Byrne Grant 0.00 0.00
1020.08 Cash in Bank- Storm Damage 0.00 0.00
1020.09 District Copt Grant Mediation 0.00 25.00
1020.10 Cash in Bank I( NDC 0.00 5,011.36
1020.11 Cast in Bank -'38 0.00 3,500.00
1020.12 Emergency Management Fund 0.00 0.00
5020.13 Cash 2n Bane -ACT 833 21,920.61 89,872,66 5225 °b 3:+
1020.14 Court Automation-District 1,712.50 74,353.96 2 0 55 •41
102 o.ts ca an nn Bas -ACT 1314 0.00 0.00 147
1020.16 AB Dept of Rural Services 0.00 0.00 1.0 4 9 7.5 6 3
1020.17 New Police Dept 0.00 35,000.00 1 1 5 .968-91
1020.18 Cash in Bank PD Co Tax 4,605.04 54,767.68
1020.19 Cash On Sank FD Co Tax 2,331.41 167,552_13 5 2 2
1020. 20 coon !n Bank Erosion Control 225. 00 8,100.00 2 /273•91+
1020.27 Cash in Bank Levee 785 -00 7,645.26 007
0 1020.28 Marina Repairs 405.00 12,095.00
12603
I 1020.31 Cash 1n Rank Parks 6 Rep 173.20 49,492.22
1020.32 GIF -Parks 6 Recreation 0.00 0.00
1020.33 Cash in Bank -lard Waste 1,029.97 75,494.70
102031 Cash in Bank Cemetery 10,055.95 5,185.11
j 1020.91 Cash in Sank Cap Imp 162,385 -75 481,282.76
1 1040 Investments 242.51 250,719.04
1 1040.10 Investments Gales Tax City 0.80 0.00
S 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 In estments .arms 5 Eec 0.00 0.00
1040.51 Investments Cemetery 10,000.00 38,752.59
i j 1040.91 Investments Cap Imp 0.00 1,817,877.82
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation _iation 0.00 0.08
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 6.40 1.72
1 1540 Doe From Library Fund 0.00 0.00
1 LIABILITIES AND FUND BALANCE
2000 ntcOVn[5 Payable 110.00 0-00
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Lore Payable 0.00 0.00
1
1
Next Police, Fire, Building Inspector, District Court, Engineer, 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 three
requests for street closings. First, there was a request from Mount Olive Church to close streets
on October 22 from 7:00 -10:00 a.m. for their annual 5K Run. Motion was made by Alderman
Parker and seconded by Alderman Swaim. The council followed with a unanimous vote. Second,
there was a request from First Baptist Church to close streets on October 29 from 7:30 -10:00
a.m. for their annual 5K Run. Motion was made by Alderman Ragsdale and seconded by
Alderman Sagely. The council followed with a unanimous vote. Lastly, there was a request from
Butterfield Junior High to close streets on September 30 from 8:00 -11:00 a.m. for a 5K
Run /Walk. Motion was made by Alderman Ragsdale and seconded by Alderman Parker. The
council followed with a unanimous vote.
Alderman Parker commented on the picture of the drainage pipe. Mayor Freeman said
that they have completed one block of the Jordan Drainage Project.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Sagely to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:25 p.m.
ATTESTED: A$PR•VED:
I
CITY CLERK- TREASURER MA OR