05 May 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MAY 11, 2009
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, May 11,
2009 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 Clerk- Treasurer Barbie Curtis and City Attorney
Donald Jenkins were present. Alderman Ragsdale arrived after the approval of last month's
minutes. This made a total of nine (9) present. A quorum was declared.
The invocation was given by David Moore of the City of Van Buren.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on April 20, 2009. Alderman Parker made a motion to approve the minutes. Alderman Moore
seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim,
Parker, Moore, Dodd, and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING FOR THE CLOSING OF AN ALLEY AND ABANDONMENT OF ANY
UTILITY EASEMENTS ASSOCIATED THEREWITH, WITHIN THE MCGEE
ADDITION TO THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution
in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman clarified that
this will go before the Planning Commission and Subdivision Committee before coming back to
the City Council for the Public Hearing. 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 Swaim, Parker, 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 5 -1 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5 1 2009
13E IT ENACTED BY THE CITY COUNCIL, FOR 771E CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING FOR THE
CLOSING OF AN ALLEY AND ABANDONMENT OF ANY
UTILITY EASEMENTS ASSOCIATED THEREWITH,
WITHIN THE MCGEE ADDITION '1'0 THE CITY OF VAN
BUREN, ARKANSAS.
WHEREAS, a petition has been filed with the City Council of the City of Van Buren, Arkansas.
by Von Buren School District to close and abandon a platted alley adjoining Lots
1.2,3. 4, 5, 6, 7, A, 9, 10, 11 and 12 of Block 6 of the original Township of the City
of Van Buren. Arkansas, and abandon any utility easement, therewith, as setout in
Attachment "A" attached hereto; and
WHEREAS, The City Council of Van Buren. Arkansas, acting under the authority of Arkansas
Code Annotated, 14- 301 -301 has the authority to take the action hereto.
NOW, THEREFORE, BEE' RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
Section 1: That a Public Hearing is set for .tune 15, 2009, at 7:00 p.m., at which time said
Petition shall be presented to the City Council. for the Council to determine whether
such property and easements should be abandoned, and that all persons or utilities
directly interested have consented to such action, and the City Clerk is hereby
directed to publish notice of the tiling of said petition, and of said hearing for the date
and time herein, and in the manner prescribed by law.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas. by its City Council, did
pass, approve and adopt, by a vote of for and aeainst, the foregoing Resolution
at its Meeting held on the 1 tth day of May 2009.
Robert 're an. M a
ATTESTED: APPRQV \S TO? ILM:
c
Barbie Curtis, City Clerk/Treasurer N. Doiiald'lenkins Cit�tMrney
On the agenda next was to consider A RESOLUTION EXPRESSING THE
WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS TO UTILIZE
FEDERAL -AID RECREATIONAL FUNDS, AND AUTHORIZING THE MAYOR TO
PARTICIPATE IN SUCH PROGRAM. The Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Mayor Freeman mentioned that the A P
Commission is working with them for a trail grant in the area of the Drennen Scott home.
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 Swaim, Parker, 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 5 -2 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 9
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN I3UREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A (RESOLUTION EXPRESSING TIIE. WILLINGNESS OF THE
CITY OF VAN BUREN, ARKANSAS TO UTILIZE
FEDERAL -AID RECREATIONAL. FUNDS, AND
AUTHORIZING TIIE MAYOR TO P: In ICI PATE IN SUCH
PROGRAM.
WHEREAS. The city of Van Buren, Arkansas understands Federal -aid Recreational Trails Funds
are available, at 80% federal participation and 20% local match, to develop or
improve Van Buren Historic and Nature Recreational Trails; and
WHEREAS. The city of Van Buren. Arkansas understands that Federal -aid Funds are available
for this project, on a reimbursable basis, requiring work to be accomplished and
proof of payment prior to actual monetary reimbursement; and
R'I-I ERFAS, The city of Van Buren, Arkansas understands that there will be no reimbursement
for any work accomplished prior to the issuance by the Arkansas State Highway and
Transportation Department of an official Notice to Proceed; and
WHEREAS, this project, using federal funding, will be open and available for use by the general
public and maintained by the applicant.
NOR'. THEREFORE, 13E IT RESOLVED 13Y THE CITY COUNCIL. OF VAN I3UREN_
ARKANSAS. THAT:
SECTION 1. 'Elie city of Van Buren, Arkansas wishes to participate in the Federal -aid
Recreational Trails Funds program, 10 develop or improve Van I3uren Historic and
Nature Recreational Trails, in accordance with its designated responsibility,
including maintenance of such projects.
SECTION 2. The mayor of the city of Van Buren. Arkansas is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to facilitate and expedite
the participation in. and construction of, the above stated project or projects.
SECTION 3. The city council of the city of Van Buren, Arkansas pledges its full support and
hereby authorizes the city of Van Buren, Arkansas to cooperate with the Arkansas
State Highway and Transportation Department to initiate action to implement this
program.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass. approve, and adopt, by a vote of b for and 0 against, the foregoing Resolution at
its Meeting held on the 11 (lay of May 2009.
Robert D. Freei 1 „)of
ATTE�STED: APPR I D AS” O F03 I:
13arbie Curtis. City Clerk/Treasurer N. Donald Jenkins, Cit}lttome'
On the agenda next was to consider A RESOLUTION ALLOCATING AND
APPROPRIATING INSURANCE PROCEEDS FOR KING OPERA HOUSE CLEANING
AND RESTORATION; AND FOR OTHER PURPOSES. The Clerk read the Resolution in
its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman mentioned that
he will be meeting with the insurance company tomorrow morning. Alderman Swaim seconded
by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, 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 5 -3 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. ES -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN 13UREN,
ARKANSAS, A RESOLUTION TO BL' ENTITLED:
A RESOLUTION ALLOCATING AND APPROPRIATING
INSURANCE PROCEEDS FOR KING OPERA HOUSE
CLEANING AND RES'T'ORATION; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is scheduled to receive insurance proceeds for cleaning and
restoration of smoke and fire damage to the King Opera House; and
\VI IEREAS. these funds are designated by the insurance company for repairs to be made by
Servpro of Fayetteville /Springdale in the amount of 547,696.35, as setfonh in
Exhibit "A" attached hereto; and
WHEREAS, the above funds need to be allocated from insurance hinds to capital improvement
and general funds as appropriate;
NOW, THEREFORE, 13E IT RESOLVED 13Y THE CITY COUNCIL 01' VAN BUREN,
ARKANSAS, THAI':
SECTION 1. The above insurance proceeds are authorized to be received and moved from
"insurance funds" to "capital improvements.' or `general funds," as appropriate, and
to he appropriated for the corresponding restoration and cleaning.
SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van 1luren to execute all documents and expend all funds necessary to effectuate this
resol ution.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas by its City Council, did
pass, approve, and adopt by a vote of Gi for and 0 against, the foregoing Resolution at its
regularly scheduled Meeting held on the 11'" day of May 2 9.
Robed D. Free
ATTESTED: APPROVED AS TO FORM:
Bar ie Curtis, City Clerklfreasurer N. 13 nald Jenkins. City Attorne
Next on the agenda was Boards and Commissions. The Tree City USA Committee
recommended Jason Parks to fill the unexpired term of Curtis Bear. Alderman Swaim 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 Swaim
and seconded by Alderman Ragsdale to appropriate the sum of $1.151,261.43 to pay expenses
and salaries for April 2009, presented by the City Clerk. The Council followed with a
unanimous vote.
5 04 -2009 1 0 1 6 P H C I T Y O F VAN 0 0 0 0 8 0 PAGE: 1 p}
e �:ANCE 'i
AS OF: AP4IL 30TH, 2009
10 General Fund
NGNTH TO OATS TEAR TO OAT.
ACCTO ACCOUNT NAr DEBITS CREDITS BEBI70 CREDITS
A55ET0
41;:. f
1000 Petty Cash 0.00 200.00 1 1
1020 Cash in Bank 27,509.76 502,114.78 1
1020.08 Cash in Bank -Ins 2008 Storm 0. :4 '1 fj 00 30,852.38
1020 09- D15[[SCt Cout Grant -Mediation a ti on t
500.0 1,050.00 1 J
1020.10 Cast F Bank PDC 5,750.00 18,486.92 2
1020.11 Cash in Bank -WEB 0.00 5,949.28
2-;3;
1020.13 Cash In Bank -ACT 833 17,064.29 52,489.54
1020.14 Court Automation District 1,222.50
4J, 400.09
1020.15 Cash in Bank -ACT 1314 0.00 0.00 f-' i
1020.16 AB Dept of Rural Services 20,000.00 0.00 S5 m
1020.17 New Police Dept 0.00 35,000.00
1020.18 Cash in Bank PD Co Tax 51,515.12 140,151.50 0 l 7 Y 5
1020.19 Cash in Bank FO Co Tax 13,527.61 254,586.83
1020.20 Cash In Sank Erosion Control 225.00 1,425.00 ,3
1020.27 Cash in Bank Levee 0.00 6,344.17
1020.31 Cash In Flank Parks s Rec 1,106.71 53,891.95 la
1020.51 Cash in Bank Cemetery 12.55 11,288.05
1020.91 Cash in Bank Cap :my 69,292. 97 182,921.82
1040 Investments 0.00 550,000.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.10 Investments PD Co Tax 0.00 0.00
1040.19 Investments F0 Co Tax 0.00 0.00
1040.37 Investments Levee 0.00 0.00
1040.31 Investments Parks 4 Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 48,752.53
1040.91 Investments Cap Imp 2,139.24 1,806,254.41
1050 Fixed Assets 0.00 0.00
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 0.00 0.00
1540 Due From Library Fund 0.00 0.00
1
LIABILITIES AND FUND BALANCE
....R
2000 Accounts Payable 0.00 0.00
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union -Flint Resource 0.00 0.00
2040 IAPFI Payable 0.00 0.00
2050 National Foundation Life Ins. 0.00 0.00
2060 AF1AC 0.00 0.00
2080 Conseco Payable 0 -00 0.00
2090 New York Life Ins. Payable 0.00 0.00 1
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 0.00 0.00
2135 R. Allen Trust $502355610 0.00 0.00 1
1
j
I
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. Mayor Freeman talked
about the public notice issued by the City Attorney on Ambulance Service within the city limits.
The City under the Municipal Licensing Act does have the authority to enter into a contract with
an ambulance provider in order to regulate the emergency services to our community.
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 approximately 7:16 p.m.
ATTESTED: API VED:
CITY CLERK TREASURER MA R