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09 September 2013 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING SEPTEMBER 16, 2013 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, September 16, 2013 at the Van Buren Municipal Complex. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Parker, Blake, Moore, Ragsdale, Dodd and Sagely. City Clerk Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Pastor Ron Ingram of Abundant Life Church. Next, Mayor Freeman led the Pledge of Allegiance. Mayor Freeman recognized the guests in attendance were the Rausch Coleman families accompanied by Mr. and Mrs. Chad Colley. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on August 19, 2013. Alderman Parker made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman Parker, Blake, Moore, Ragsdale, Dodd, and Sagely. The following voted nay: none. On the agenda next was to consider A RESOLUTION TO ACCEPT FROM THE RAUSCH- COLEMAN FAMILIES A DONATION OF REAL PROPERTY OF APPROXIMATELY FIFTY -FIVE (55) ACRES IN ANTICIPATION OF USING IT FOR PARK PURPOSES WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman remarked that the land donation would provide a great wilderness area for residents to enjoy. Mayor Freeman commented that the Rausch Coleman homes donation of land is near the Forest Oaks subdivision north of Interstate 40. Alderman Ragsdale seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Blake, Moore, Ragsdale, Dodd, and Sagely. 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 9 -1 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO ACCEPT FROM THE RAUSCH- COLEMAN FAMILIES A DONATION OF REAL PROPERTY OF APPROXIMATELY FIFTY -FIVE (55) ACRES IN ANTICIPATION OF USING IT FOR PARK PURPOSES WITHIN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, the Rausch Coleman families desire to donate to the City of Van Buren in early September 2013 approximately Fifty -five (55) acres of real property adjacent to the Forest Oaks Subdivision provided no unanticipated issues preclude them from the closing of the property and provided they have assurances from the City Council that the City will accept the donation; and WHEREAS, the Rausch- Coleman families desire that the only request for the property be that it be used as a park and be named after Mr. Chad and Betty Ann Colley; and WHEREAS, the City is willing to honor such request and intends to use the property for park purposes only; and WHEREAS, the owners have asked to be informed of the City Councils willingness to accept the property prior to the closing and the City desires to accommodate that request subject to the property having a,clear title. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council agrees to accept the donation from the Rausch Coleman families of approximately 55 acres of real property adjacent to the Forest Oaks Subdivision and the Council expresses gratitude to the families for the donation. SECTION 2: The acceptance of the property is subject to the issuance of an acceptable, clear title for the City. SECTION 3: The City is further willing to name the property the "Mr. Chad and Betty Ann Colley Wilderness Park" SECTION 4: The Mayor and City Clerk shall be authorized to execute any agreements and other documents on behalf of the City to include IRS Form 8283, to effectuate the acceptance, to pay applicable closing costs and upon the request of the donor to make minor adjustments to the provisions derived from this Resolution so long as the essential purposes of the Resolution remain unchanged. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 69 for and 0 against the foregoing Resolution at its regular meeting held on the 16 day of September 2013. S ,c! Robert D Free an Mayor ATTESTED: RO,I ED A T FORM: M ONO Barbie Curtis Candi Arettie City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING A PUBLIC UTILITY EASEMENT ALONG LOT 1 AND 2, BLOCK 4, OF 59 HEIGHTS REVISED, IN 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 Parker seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Blake, Moore, Ragsdale, Dodd and Sagely. 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 9 -2 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. a 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING A PUBLIC UTILTTY EASEMENT ALONG LOT 1 AND 2, BLOCK 4, OF 59 HEIGHTS REVISED, IN '1HE CTTY OF VAN BUREN, ARKANSAS. WHEREAS, Alvin Prieur, Jr., on behalf of Larry and Paula Gordon, has petitioned the City Council of Van Buren, Arkansas, to vacate a public utility easement along Lot 1 and 2, Block 4, of 59 Heights Revised, in the City of Van Buren, Arkansas, more specifically described as follows: PROPOSED VACATED EASEMENT DESCRIPTION A 10' wide Utility Easement across Lots 1 and 2, in Block 4, 59 Heights Revised an addition to the City of Van Buren, Crawford County, Arkansas being more particularly described as follows: Beginning at the Southwest Comer of Lot 1, Block 4, 59 Heights Revised, Thence along the southern line of Lots 1 and 2, in Block 4 of said 59 Heights Revised, North 85 degrees 36 minutes 17 seconds East, 194.38 feet to the Southeast Comer of Lot 2, Block 4, 59 Heights Revised, Thence along the eastern line of Lot 2, 59 Heights Revised, North 3 degrees 20 minutes 37 seconds East, 10.00 feet, Thence westerly to a point on the western line of Lot 1, Block 4, 59 Heights Revised South 85 degrees 36 minutes 17 seconds West 194.38 feet, Thence along the West side of Lot 1, Block 4, 59 Heights Revised South 3 degrees 20 minutes 37 seconds West, 10.00 feet to the Point of Beginning, containing 1943.8 square feet or 0.045 acres. and WHEREAS, Larry and Paula Gordon own all the property through which the public utility easement to be vacated extends; and WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103, has the authority to vacate public utility easements or segments thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: A Public Hearing is set for October 21, 2013, at 7:00 P.M. in the Van Buren City Council Room, at which time said Petition shall be presented to the City Council and the Council 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 and abandoning. SECTION 2: The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication once a week for two consecutive weeks in some newspaper, published in Crawford County, advising the property owners and others affected, of said date and time the Council will hear said Petition. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, tc) approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its regular meeting held on the 16 day of September 2013. Robert D. F Mayor ATTESTED: APPROVED AS TO FORM: 4 a-41 r rA.l= .f. Barbie Curtis e'le City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.6 -2011, TO CLOSE AND ABANDON A PORTION OF THE STREET IN THE GRANDVIEW ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Ordinance in its entirety. Alderman Moore 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 Dodd 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 then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Blake, Moore, Ragsdale, Dodd and Sagely. 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 9 -2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 6 -2011, TO CLOSE AND ABANDON A PORTION OF THE STREET IN THE GRANDWEW ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, Ordinance No. 6 -2011 contains an error in the title that inadvertently refers to the closure and abandonment of a portion of an "alley way" rather than a "street WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103 and A.C.A. 14- 301 -302, has the authority to close and abandon public streets or segments thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The title of Ordinance No. 6 -2011 shall be amended to read as follows: AN ORDINANCE TO CLOSE AND ABANDON A PORTION OF THE STREET IN THE GRANDVIEW ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (e for and d again i oregoing Ordinance at its regular meeting held on the 16 day of September 2013. Ro.e i. Fr- an Mayor ATTESTED: 7 APP t e ,I O FORM: y t P I&i 6 f (/tAJ�, f Barbie Candice A. 1e City Clerk/Treasurer City Attorney 1 1 Next on the agenda were Boards and Commissions. The Van Buren Advertising and Promotion Commission voted for the reappointment of Rusty Myers and Nathan Teague. Both Mr. Myers and Mr. Teague's terms are for four years and will expire on September 20, 2017. Alderman Dodd seconded by Alderman Parker 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 Dodd and seconded by Alderman Moore to appropriate the sum of 1,243,029.21 to pay expenses and salaries for August 2013, presented by the City Clerk. The Council followed with a unanimous vote. I 9 -04 -2013 11:50 AM C I T Y OF VAN B U R E N PAGE: 1 TRIAL BALANCE AS OF: AUGUST 31ST, 2013 10 General Fund MONTH TO DATE YEAR TO DATE I I I ACCT8 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS II ASSETS 9 t 1000 Petty C sh 0.00 200.00 I I I I 1 1020 Cash i2Bank 120,624.97 366,450.15 0 i 1020.01 Cash In`Bank -Ins. Reimb. 0.00. 0.00 I, 1020,03 Cosh In Bank- ASP'ssWalmart Gra 0.00 0.00 0 1 1, 1020.04 Veterans' Memorial -Act 934 0.00 276.00 i� it 1 :a 1020.05 2009 Byrne Recovery Grant 0.00 0.00 J 6 2 O 1 G 3 1020.06 2009 Byrne Grant 0.00 0.00 1 1020.07 2007 Byrne Grant 0.00 0.00 1c •7 1 7y,- 1020.08 Cash in Bank- Storm Damage 0.00 0.00 2 2 O u d i i 1020.09 District Cout Grant Mediation 0.00 25.00 9 G 0 2- 5 4+ I 1020.10 Cash in Bank NDC 5,690.00 7,032.67 1 6 1 9 6 5 5 li 1020.11 Cash in Bank -KVBB 0.00 3,668.92 e 1020.12 Emergency Management Fund 0.00 0.00 7 o e 1020.13 Cash In Bank -ACT 833 4,435.11 55,718.72 3 3 1 6 ;1 9 3 1020.14 Court Automation District 1,967.03 86,500.86 J 5 I r 1020.15 Cash in Bank -ACT 1314 0.00 0.00 J 2 1 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 31,750.00 1020.18 Cash in Bank PD Co Tax 22,100.67 69,886.58 1020.19 Cash in Bank FD Co Tax 21,840.79 124,097.05 1020.20 Cash In Bank Erosion Control 225.00 13,425.00 1020.21 Cash in Bank- CPACademy 0.00 761.22 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00 1 l 1020.27 Cash in Bank Levee 650.00 9,145.26 j. 1020.28 Marina Repairs 0.00 10,495.60 1020.29 Property Maintenance -Scrap 0.00 63.25 I' 1020.30 Field of Dreams Equipment 0.00 780.14 1020.31 Cash in Bank Parks a Rec 1,478.39 4,199.97 1. 1020.32 GIF Parks a Recreation 0.00 0.00 I 1020.33 Cash in Bank -Yard Waste 13,077.59 168,310.28 1020.51 Cash in Bank Cemetery 102.19 5,319.42 I 1020.91 Cash in Bank Cap Imp 45,298.35 307,569.88 1040 Investments 0.00 0.00 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 I 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks Rec 0.00 0.00 1 1040.51 Investments Cemetery 0.00 38 Ii� i 1040.91 Investments Cap Imp '_57.91 622,012.37 1050 Fixed Assets 0.00 0.00 I li l I' 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.00 0.46 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 1 Next Police, Fire, Building Inspector, Engineering, Ambulance, and District Court 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 provided the council with the current events and general information on the upcoming October dates to remember. Council was made aware that the sewer line smoke testing and camera inspection of the water lines is scheduled to proceed through the end of the year. Mayor Freeman also mentioned that the Parks and Recreation Grant application has been submitted to the State. The next step is a presentation in October to the Grant Commission in Little Rock. Also, fall baseball and softball are in full swing at the Field of Dreams. There being no further business, motion was made by Alderman Parker and seconded by Alderman Blake to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:29 p.m. ATTESTED: APPROVED: CITY CLERK TREASURER MAYOR Next Police, Fire, Building Inspector, Engineering, Ambulance, and District Court 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 provided the council with the current events and general information on the upcoming October dates to remember. Council was made aware that the sewer line smoke testing and camera inspection of the water lines is scheduled to proceed through the end of the year. Mayor Freeman also mentioned that the Parks and Recreation Grant application has been submitted to the State. The next step is a presentation in October to the Grant Commission in Little Rock. Also, fall baseball and softball are in full swing at the Field of Dreams. There being no further business, motion was made by Alderman Parker and seconded by Alderman Blake to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:29 p.m. AT ESTED: A PR VED: e 1,r€4 j CITY CLERK TREASURER M1,YOR