08 August 2016 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING AUGUST 22, 2016
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, August
22, 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 Petty, Moore,
Swaim, Dodd and Sparkman. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle
were present. City Clerk-Treasurer Barbie Curtis and Alderman Parker were absent. This made a
total of eight (8)present. A quorum was declared.
The invocation was given by Dr. Harold Jeffcoat, Superintendent of the Van Buren
School District.
Next, Mayor Freeman then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on July 18,
2016. Alderman Swaim made a motion to approve the minutes. Alderman Dodd seconded the
motion. On roll call, the following Council members voted aye: Alderman Petty, Moore,
Swaim, Dodd and Sparkman. The following voted nay: none.
On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE
WITH ARK. CODE ANN. § 14-42-107,AUTHORIZING THE CITY TO
CONDUCT BUSINESS WITH AN OFFICIAL OR EMPLOYEE OF THE CITY
OF VAN BUREN,DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Dodd moved that
the rules be suspended and the Ordinance be placed on its second reading. The motion
was seconded by Alderman Moore. 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 Petty. 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 Dodd and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Petty, Moore, Swaim, Dodd and
Sparkman. Nays—none. The Mayor declared the motion carried as there were five (5) ayes and
(0)nays. Four(4) votes being necessary for passage.
Motion was made by Alderman Dodd and seconded by Alderman Petty, that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Petty, Moore, Swaim, Dodd and Sparkman. Nays—none.
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 10-2016
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDNANCE TO BE ENTITLED:
AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE
ANN.§14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS
WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN,
DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, A.C.A§14-42-107 requires an ordinance be enacted specifically permitting the
conducting of any business between an official or employee of the city and the City of
Van Buren;and
WHEREAS, the City of Van Buren wishes to conduct business,on an ongoing basis,with Elite
Roofing and/or Lumber One,in which Mr.Steve Gann has a financial interest,and whose
step-son is Van Buren city employee Mr.Logan Parnell;and
WHEREAS, it is the desire of the Administration and the Van Buren City Council that in compliance
with A.CA.§14-42-107 is satisfied for the conducting of all city business;and
WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health,
safety and welfare of the inhabitants of the City of Van Buren,Arkansas and an
emergency exists which requires that this Ordinance become immediately effective and in
full force and effect.
NOW,1TSEREFORE,BE IT ORDAINED AND ENACTED BY 1110,CITY COUNCIL OF
171E CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION I: Elite Roofing and/or Lumber One,in which Mr.Steve Gann has a financial interest,and
whose step-son is Van Buren city employee Mr.Logan Parnell,is hereby authorized to
conduct business with the City of Van Buren.
SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren,
Arkansas,and necessary in providing for the immediate preservation of the public peace,
health,and safety,an emergency is declared to exist and this Ordinance shall take effect
and be in force after its passage and approval.
IN WITNESS WHEREOF,the City of Van Bur , kansas,by its City Council,did pass,
approve,and adopt,by a vote of_5 for and 0 a: the foregoing Ordinance at its regular
meeting held on the 22°^day of August 2016.
RobertD.F ��
j yGP f
ATTESTED: }i' �1`rfdl �' APP , ,t • TO FORM: z-
CGlTVt0F //
'I L �f7 VFN DUtt pi;- ��n
Connie d°AV KAtI AS Aft -!r �.
Deputy City Clerk no'i3, .� :'i City Attorney
I
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF ELITE ROOFING FOR ROOF REPAIRS TO THE VAN BUREN
MUNICIPAL COMPLEX AND THE HOSPITALITY HOUSE AT THE FIELD OF
DREAMS SPORTS COMPLEX, AND FOR OTHER PURPOSES. The Clerk read
the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor
Freeman stated the city advertised for bids, but only received one response. We also
called five additional roofers to gauge interest in bidding and still received no further
bids. Mayor went on to say that these repairs will be paid 100% by the insurance and will
not incur any cost to the city. Alderman Petty questioned the $25.00 per square break
down on the Field of Dreams bid. Building Inspector David Martin stated the city does
not allow overlays, therefore this should not be an issue. Alderman Swaim seconded by
Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Alderman Petty, Moore, Swaim, Dodd and
Sparkman. 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 8-1-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 5- t-2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING DIE BID OF ELITE ROOFING
FOR ROOF REPAIRS TO THE VAN BUREN MUNICIPAL
COMPLEX AND THE HOSPITALITY HOUSE AT THE FIELD
OF DREAMS SPORTS COMPLEX, AND FOR OI'HP,R
PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for roof repairs to the Van Buren Municipal
Complex and the Hospitality House at the Field of Dreams Sports Complex;and
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•
WHEREAS, bids have been received and opened in accordance with Arkansas law and Elite Roofing
was the only bidder;and
WHEREAS, the City of Van Buren has determined that the bid of Elite Roofing meets the bid
specifications and is an acceptable bid.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The City of Van Buren,Arkansas accepts the bid of$29,001.57 as submitted by Elite
Roofing as set forth in"Exhibit A"attached hereto;and
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for
the City of Van Buren to pay all expenses relating to the repairs and to execute all
documents necessary to effectuate the agreement.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of 5 for and o against,the foregoing Resolution
at its regular meeting held on the 22nd day of August 2016.
Robert D.Freeman
Mayor
ATTESTED: , V/t 7r 'l.
, P % APP' : ! AS TO FORM:
O(ta,1 C =
lll- ° CITY t
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Connie Hyatta,' f }1 et
Deputy City Clerk Ail ''- y ; 'ice ! \
' City Attorney
On the agenda next was to consider A RESOLUTION TO APPOINT A CITY
CLERK-TREASURER AND AMEND RESOLUTION NO. 3-4-2010 RELATING
TO SIGNATURE CARDS FOR THE CITY OF VAN BUREN. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor
Freeman congratulated Phyllis Thomas on her new position. Mrs. Thomas replied that it
is a great honor. Alderman Dodd seconded by Alderman Sparkman moved that the
•
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Petty, Moore, Swaim, Dodd and Sparkman. 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 8-2-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 3-a-2016
•
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO APPOINT A CITY CLERK-TREASURER
AND AMEND RESOLUTION NO. 3-4-2010 RELATING TO
SIGNATURE CARDS FOR THE CITY OF VAN BUREN.
WHEREAS, Barbie Curtis,the current City Clerk-Treasurer,is resigning from her position effective
August 31,2016;and
WHEREAS, there will be a vacancy in the position of City Clerk-Treasurer for the City of Van Buren;
and
WHEREAS, the Van Buren City Council has the authority to appoint a City Clerk-Treasurer pursuant
to ARK.CODE ANN.§I4-43-412;and
WHEREAS, the Van Buren City Council wishes to appoint Phyllis Thomas,Deputy City Clerk as City
Clerk-Treasurer to fill the remaining term which expires on December 31,2018;and.
WHEREAS, it is necessary to authorize signatures of certain individuals to draw vouchers on funds
deposited in various banks by the City of Van Buren,Arkansas;and
WHEREAS, it is also necessary to authorize signatures of certain individuals for entry into Safety
Deposit Box or Boxes now leased by the City of Van Buren,Arkansas,or leased by
them in the future.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: Effective September 1,2016,Phyllis Thomas,Deputy City Clerk is hereby appointed
City Clerk-Treasurer of the City of Van Buren,Arkansas.
SECTION 2: Effective September 1,2016,the said bank or banks are hereby authorized to pay out
funds on deposit with them from time to time to be credited to the City of Van Buren,
Arkansas,upon vouchers drawn upon said banks and signed by any combination of the
following two persons:Mayor Bob Freeman,City Clerk-Treasurer Phyllis Thomas,
Administrative Assistant Jennifer Froud,or Deputy City Clerk Connie Hyatt.
SECTION 3: Effective upon passage of this resolution,the said bank or banks are authorized to allow
into Safety Deposit Box or Boxes now in the name of the City of Van Buren,Arkansas,
by the Mayor Bob Freeman,or the City Clerk-Treasurer Phyllis Thomas,or
Administrative Assistant Jennifer Frond,or Deputy City Clerk Connie Hyatt,or by any
one of them.
SECTION 4: Mayor Bob Freeman,City Clerk-Treasurer Phyllis Thomas,Administrative
Assistant Jennifer Froud,and Deputy City Clerk Connie Hyatt,are authorized and
directed to sign signature cards with each of the banks to c out the
Resolution. carry purposes of this
SECTION 5: The City Clerk-Treasurer is directed to fiunish a copy of this Resolution under the Seal of
the City of Van Buren,Arkansas,to each of the banks with which the City has or will
have Depository arrangements and/or Safety Deposit Boxes.
IN approve,and dNESS WHEREO the City of Van Buren,Arkansas,by its City Council,did pass,
aP adopt,by a vote of t'for and 0 against,th- •egoing Resolution at its regular meeting
held on the 22th ld.tif.August 2016.
. D.< • Robert Freeman o
v Mayor
i3 r f �r.
ATTEST D' °, ti. AP •OVEoA.
✓1 ,"4 ,ORM:
3
Connie Hyatt
.��
Deputy City Clerk •'.Ce A.ettle
City Attorney
On the agenda next was to consider A RESOLUTION REVISING THE
FINAL PAYMENT FOR THE NEW POLICE STATION, AND FOR OTHER
PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. Mayor Freeman explained that there is no new expending of
funds, but simply a math error adding up the thirty-two contracts. Alderman Petty
questioned if the $10,000 was a retainer. Mayor Freeman again stated that it was just a
math error and had already been paid. This was just to keep our records accurate.
Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted.
On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Petty,
Moore, Swaim, Dodd and Sparkman. 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 8-3-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. g- 3-2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION REVISING THE FINAL PAYMENT FOR
THE NEW POLICE STATION, AND FOR OTHER
PURPOSES.
WHEREAS, Crawford Construction Company acting as the Construction Manager
for the City of Van Buren,Arkansas advertised for bids for
construction of a new police station within the City;and
WHEREAS, the City Council approved the Mayor entering into a construction
contract with Crawford Construction Company and sub contractors in
the amount not to exceed$3,567,615.00 by Resolution#01-01-2014
and then increased the final contract amount by$70,094.00 by
Resolution#06-03-2015;and
WHEREAS, the fmal contract amount should have been increased by$80,734.34.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren,Arkansas approves the final contract in the amount of
$3,648,349.34 for the new police station.
IN 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 22'day of August 2016.
Robert D.Freeman
t Mayor
ATTESTED: E�i 7 I ., , O i .S TO FORM:
�
\G S S i l
Connie Hyatt /(11C t,^
Deputy City Clerk andice A.Settle
K k Attorney
On the agenda next was to consider A RESOLUTION REGARDING THE
ISSUANCE BY THE CITY OF VAN BUREN, ARKANSAS, OF ITS
WATERWORKS AND SEWER REVENUE REFUNDING BONDS, SERIES 2016.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any
discussion. Steve Dufresne with Van Buren Municipal Utilities said there was no new
money and staying in the same time frame to pay it off, however it will be about
$420,000 interest savings which translates into about$40,000 a year to be put back into
Capital Improvements. Alderman Swaim seconded by Alderman Moore moved that the
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Petty, Moore, Swaim, Dodd and Sparkman. 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 8-4-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -4-2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION REGARDING THE ISSUANCE BY THE CITY OF
VAN BUREN,ARKANSAS,OF ITS WATERWORKS AND SEWER
REVENUE REFUNDING BONDS,SERIES 2016.
WHEREAS, the Van Buren Municipal Utilities Commission (the "Commission") has
determined that it can achieve significant interest savings by refunding the City's
Series 2007 Waterworks and Sewer Revenue Capital Improvement Bonds (the
"Refunding");and
WHEREAS, in order to provide moneys to finance the Refunding, including the cost of
municipal bond insurance,reserve fund policy and other costs incident to the
Refunding,the Commission has recommended that the City issue its Waterworks
and Sewer Revenue Refunding,Series 2016 in the approximate principal amount
of$8,000,000(the`Bonds"),and sell the Bonds to Raymond James&Associates
Inc.,as Underwriter.
NOW,THEREFORE,BE IT RESOLVED BY 1 B CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: Such preliminary actions as are determined to be necessary by the Mayor of the
City are hereby authorized for the marketing of the Bonds in order to provide a
portion of the funds necessary for the Refunding;provided,however,that at such
time as the Mayor may determine to be in the best interests of the City,the final
terms of the Bonds shall be submitted for approval by the City Council,together
with the proposed form of the documents necessary for the issuance of the Bonds,
including,without limitation,the trust indenture.The issuance of the Bonds may
be considered at a regular or special meeting of the City Council as the Mayor
shall consider appropriate.
SECTION 2: The Mayor and the City Clerk,Acting City Clerk or Deputy Clerk are hereby
authorized to execute certificates and enter into agreements on behalf of the City
with respect to the issuance and sale of the Bonds SECTION 3: The City Council hereby authorizes the preparation and distribution to various
prospective and actual purchasers of the Bonds of a Preliminary Official
Statement describing the City,the City's waterworks and sewer system,and the
Bonds, and setting forth such other information as may be determined to be
necessary or desirable in connection with the marketing of the Bonds.The Mayor
is hereby authorized to execute and deliver to the Underwriter a certificate to the
effect that the Preliminary Official Statement is deemed final for the
Securities and Exchange Commission Rule 15c2-I2. purposes of
SECTION 4: The engagement the Underwriter and Rose Law Finn,a Professional Association
as bond counsel by the Commission and the City is hereby authorized.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas by its City Council,did pass,
approve,and adopt,by of vote of 5 for and o against,the foregoing Resolution at its regular
meeting held on the 22" day of August 2016.
v• %.- Robert D.Fre,ua„
•'.a° Mayor
ATTEyFr,':.:^:5\,, APP; • 6 TO FORM:
(►_ezz1S
Connie Hyatt
Deputy City Clerk Candice ettle
City Attorney
r ,
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC ALLEYWAY IN THE
MCGEE ADDITION INSIDE THE CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. Mayor Freeman stated this resolution is just to set the
date for a public hearing. Alderman Swaim asked for clarification where the location
was. Alderman Petty asked if the closing would block others from gaining access to their
property. Ricky Hill clarified that Andy Greenwood owns the property on both sides of
the alley. All other property owners will still be able to access alley from the east side.
Alderman Swaim asked if it was a parking lot. Mr. Hill replied yes. Alderman Sparkman
seconded by Alderman Swaim moved that the Resolution be adopted. On the Clerk's
calling the roll,the following vote resulted: Ayes—Alderman Petty, Moore, Swaim,
Dodd and Sparkman. 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 8-5-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 8 - S-2016
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
ABANDONING A PUBLIC ALLEYWAY IN THE MCGEE
ADDITION INSIDE 1ttM CITY OF VAN BUREN,CRAWFORD
COUNTY,ARKANSAS.
WHEREAS, Andy Greenwood has petitioned the City Council of Van Buren,Arkansas,to vacate and
abandon the public alley along certain lots inside the McGee Addition more particularly
described as follows:
Description of Existing 20.00 Foot Alleyway
All that portion of a certain 20 foot alleyway lying between Lots 7,Block 2 and Lots 1
and 2,Block 27,and the west 40 feet of Lot 3,Block 27,McGee Addition to the City of
Van Buren,Arkansas;and
WHEREAS, all of the property owners and adjacent property owners being affected by this alleyway
abandonment have consented by signed petition;and •
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 vacate public alleyways or segments thereof.
NOW,THEREFORE,BE IT RESOLVED BY 1/11,CITY COUNCIL OF IBM CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: A Public Hearing is set for September 19,2016 at 5:30 P.M.in the Van Buren City
Council Room,at which time said Petition shall be presented to the City Council and the
City Council will determine at that time if such portion of said public alleyway should be
vacated and that all affected property owners and other persons directly interested have
consented to such vacating.
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,Ar:., its City Council,did pass,
approve,and adopt,by a vote of 5 for and 0 against,the fore.. •esolution at its regular meeting
held on the 22th day of August 2016.
r
FFY lA;,rs Ro•ertD.F ,,. —
Mayor
4
ATTESTED: 4,CITY OE4`:.c"
=v l7r' 1 I7 REt1 = APP; �s;•s:
f.
ARK AUF AS s
tiperi
Connie Hyatt ;b Oitp s Candice A.Settle
Deputy City Clerk �;�; City Attorney
4
Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd
and seconded by Alderman Moore to appropriate the sum of$ 1,940,061.79 to pay expenses and
salaries for July 2016, presented by the clerk. The Council followed with a unanimous vote.
8-08-2016 09:57 AM CITY OF VAN B URE N PAGE: 1
TRIAL BALANCE
AS OF:_.7ni.Y 31ST 2016 _
10 -General Fund ry
*** MONTH TO DATE *** *** YEAR TO DATE ***
ACCTS ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS •
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 105,104.76 151,754.62 _
1020.01 Cash In Bank-Ins. Reimb. 40,615.22 115,615.22 0.*
1020:03 Cash In Bank-ASP's&Walmart Gra 6.00 79.24
1020.04 Veterans' Memorial-Act 934 750.00 11,848.16
1020.05 2009 Byrne Recovery Grant 0.00 0.00 1 ,u%i' 1 i,'7-:, ij-;
1020.06 2009 Byrne Grant 0.00 0.00 i :•9 1 3•
1020.07 2007 Byrne Grant 0.00 0.00 2)6,091 -11 +
1020.08 Cash in Bank- Storm Damage 0.00 0.00
1020.09 District Cout Grant-Mediation 0.00 25.00 765- 53+
1020.10 Cash in Bank - HDC 0.00 5,592.60 551 '2 1 'r
1020.11 Cash in Bank-KVBB 3,500.00 5,100.00 2;148.21 =
1020.12 Emergency Management Fund 0.00 0.00 1 ;464. 7
`i 1020.13 Cash In Bank-ACT 833 103,000.00 85,516.49 , 1
1020.14 Court Automation-District 1,960.75 65,978.19
1020.15 Cash in Bank-ACT 1314 0.00 0.00
1020.16 AR Dept of Rural Services 0.00 0.00 1
1020.17 New Police Dept 0.00 0.00
1020.18 Cash in Bank- PD Co Tax 2,842.57 31,046.91 R
1020.19 Cash in Bank - FD Co Tax 8,816.60 153,029.24
, 1020.20 Cash In Bank-Erosion Control 325.00 20,500.00
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 2,050.00 9,789.93
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 0.00
365.06
1020.30 Field of Dreams-Equipment 558.93 3,627.96
1020.31 Cash in Bank - Parks 6 Rec 0.00 136.72
1020.32 GI£ 0.00 89.43
1020.33 Cash in Bank-Yard Waste 3,793.87 204,277.23
1020.51 Cash in Bank - Cemetery 2,673.84 6,179.71
1020.91 Cash in Bank - Cap Imp 30,609.67 874,622.14
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
1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks s Rec 0.00 0.00
1040.51 Investments - Cemetery - 0.00 38,752.59
1040.91 Investments - Cap Imp 155.06 377,477.38
1050 Fixed Assets 0.00 - 0.00
I 1051 Accumulated Depreciation 0.00 0.00 _
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00 •
1520 Due from Street Fund 0.46 0.46
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
I
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. Mayor Freeman introduced all the new department heads: Tim Arnold, Fire Chief;
Marie Johnson, Court Clerk; and with tonight's action Phyllis Thomas, City Clerk.
Next on the agenda was Miscellaneous and General Discussion. The council had a
request from Sparks Medical Center to close streets for their annual Stampede 5K& 10K on
October 22, 2016. Motion was made by Alderman Petty and seconded by Alderman Swaim to
approve the request. The council followed with a unanimous vote.
Mayor Freeman congratulated John Pope on his letter from the Governor and thanked
him for his leadership.
Mayor Freeman provided the council with documents to review regarding the AOG
franchise. We are the only remaining city still on a flat rate franchise fee instead of percentage.
Mayor Freeman then welcomed Melissa Nuckolls who resides at 3909 Owen Street to
speak to the council regarding flooding at her residence. Mrs. Nuckolls stated that she has
contacted the Street Department, her two alderman Darral Sparkman and David Moore, as well
as Cox Communications since they have pipes in that ditch, and she in now at a dead end with no
answers. City Attorney Candice Settle asked if there were any disclosures made to them when
they bought the home that stated that it floods. The Nuckolls' replied that the disclosure, which
they've reviewed with their attorney Kevin Holmes, stated that it"holds water on the right side
of the house". Mr. Holmes, who was not present, told them it was open to interpretation and
could be a dead end in court. Alderman Sparkman asserted that these people have done their
5
homework and that we needed to help them. Mayor Freeman replied that they may have done
their homework, but not to the extent that there is no drainage easement behind their property,
therefore making this a very difficult situation. Alderman Swaim asked what they have asked
Cox to do about this situation. Mrs. Nuckolls said that they have asked Cox to do a"drop bury"
which would bury the pipe deeper allowing them to make the "ditch" deeper as well. Cox
Communications response has been that due to other utility lines below theirs, they cannot dig
until they have been contacted and permitted by the city to do so. City Planner Joe Hurst clarified
that there is 20 foot pipeline and utility easement, but no drainage easement. Mayor Freeman and
City Attorney Candice Settle stated that the city expending funds to go onto other people's
private property is a direct violation of state statute and the constitution. Alderman Petty asked
how far their house is from the actual drainage ditch on 40th Street. After much discussion and
review of a map, Mayor Freeman asked if the council would approve him to contact an engineer
such as Hawkins Weir to go out and evaluate the situation. Alderman Dodd sympathized with the
home owners because she has also been in a similar situation. Alderman Petty offered to have
some guys go out and look at the cost of doing a retaining wall. City Attorney Candice Settle F
asked if the Nuckolls' could have their attorney, Kevin Holmes, contact her to discuss the legal
avenues. Council members then agreed to have Mayor Freeman contact Hawkins Weir for an i.
assessment.
There being no further business, motion was made by Alderman Dodd and seconded by
Alderman Moore to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:37 p.m. }`
ATTESTED: A PR VED:
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