07 July 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JULY 20, 2009
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, July 20,
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. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Barry Morton of Mount Olive 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 June 15, 2009. Alderman Swaim made a motion to approve the minutes. Alderman Ragsdale
seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim,
Parker, Moore, Ragsdale, Dodd, and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Called
Council Meeting on July 13, 2009. Alderman Swaim made a motion to approve the minutes.
Alderman Ragsdale seconded the motion. On roll call, the following Council members voted
aye: Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The following voted nay:
none.
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
FORMATION OF A REGIONAL INTERMODAL FACILITIES AUTHORITY;
AUTHORIZING AN AGREEMENT BETWEEN THE CITIES OF VAN BUREN AND
FORT SMITH AND SEBASTIAN AND CRAWFORD COUNTIES; DECLARING AN
EMERGENCY; AND AUTHORIZING AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO. Rusty Myers provided an overview of the intermodal authority.
The issue of considering an Intermodal Authority started in the mid 1990's for studies to be done
with Federal monies. Asa Hutchinson helped with the studies that took approximately two years
to complete. There was in fact a need for and market for an Intermodal Port Authority. This issue
was shelved until Congressman Boozman brought this up again about a year ago. That spurred
us, Fort Smith and Van Buren, to get on the same page and get this going again. A task force was
created. It is made up of 12 members at six year terms. The Intermodal Port Authority becomes a
separate regional entity, standing solely on its own. This is a benefit to shippers into this area and
becomes an economic development tool. The City Attorney 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. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, 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 City Attorney 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 Parker. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, 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 City Attorney then read the Ordinance
the third and final time. The Mayor asked if there was any discussion. There was no additional
discussions.
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 Swaim, Parker, 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.
Motion was made by Alderman Swaim and seconded by Alderman Moore, that the
emergency clause 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 then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 13 -2009
ORDINANCE NUMBER 13 -2009 CONTINUED
CITY OF VA BUREN SECTION 3 -There is hereby authorired execution J
ORDINANCE NO. 13 and delivery of an Agreement by and between the
i AN ORDINANCE AUTHORIZING THE FORMATION OF A City and Fort Smith and Sebastian and Crawford
REGIONAL INTERMODAL FACILITIES AUTHORITY; Counties (the "Agreement and the Mayor and City
AUTHORIZING AN AGREEMENT BETWEEN THE CITIES Clerk are hereby authorized to execute and deliver
OF VAN BUREN AND FORT SMITH AND SEBASTIAN the Agreement for
Agreement is hereby on behalf of the City. The
AND CRAWFORD' COUNTIES;'DECLARING AN EMER
form submitted this meeting, and the Mayor is
and substantially the
GENCN AND� AND 'n PRESCRIBING' t h to th
oriz ed to confer with the other parties
is meti
OTHER MATTERS PERTAINING THERETO(' hereby authorized
WHEREAS, the City of Van Buren, Arkansas (the thereto in order to complete the Agreement in with
"City") is authorized and empowered under the provi- stantia the form submitted to this meeting with
lions of Title 14, Chapter 143 of the Arkansas Code of such changes as shall be proposed by such persons
1987 Annotated. (the "Act to join with one or more executing the document, their execution to constitute
municipalities and/or one or more contiguous coon- SEC T IO ive evidence of such approval.
ties, for the purpose of forming a regional intermodal
SECTION 4: The Mayor and City Clerk, for and on be-
facilities authority; and half of the City, are hereby authorized to execute and
directed to do any and all things necessary to effect it is proposed that the City join with Fort ffect
Smith and Sebastian and Crawford Counties to form a the execution and delivery of the Agreement, and the
regional intermodal facilities authority under the Act
performance of all acts of whatever nature necessary
for the purpose of acquiring, equipping, constructing, to effect and carry out the authority conferred by this
maintaining and operating regional intermodal facili- Ordinance. The Mayor and City Clerk are hereby f
ties and such other facilities as authorized by the Act, ther authorized and directed, for and on behalf of the
City, to execute all papers, documents, certificates
as now or hereafter amended; and
WHEREAS, an Agreement for the formation of such an and other instruments that may be required for the
authority has been prepared a copy of which has been carrying out of such authority or to evidence the exer-
presented to and is before this meeting; E thereof.
S
NOW, THEREFORE, BE IT ORDAINED BY THE CITY SECTION 5: The City Clerk is hereby authorized and
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: directed to file in the office of the City Clerk as a part
SECTION 1: The City Council hereby finds and de- of the minutes of the meeting at which this Ortli-
termines that it is in the best interest of the City of nonce is adopted, for inspection by any interested
join with Fort Smith and Sebastian and Crawford person a copy of this Agreement, and such document
Counties in the formation of a regional intermodal fa shall be on file for inspection by an interested person.
cilities authority for the purpose of acquiring, equip- SECTION 6: The
ping, constructin g provisions of this Ordinance are
9. maintainin and operating re- hereby or pro ed to be separable and if any section,
gional intermodal facilities and such other' facilities Phrase or provision shall for any 11 not fe be t the etl
as authorized by the Act. as now or hereafter
to be invalid. such declaration shall not affect the va-
amended.
lidity of the remainder of the sections, phrases and
(b) The Agreement for the formation of the authority Provisions.
provides that the authority to be created shall have SECTION 7: The City Council finds that the immediate
no independent right or power to levy taxes to fund implementation of this ordinance is necessary and
its operations or to pay its debts except taxes Levied that it is in the best interest of the public health,
u p o loading ll lected from shippers, (night, commerce pas- safety, and welfare for this ordnance to be effective
sengers at a terminal or other facilities of the Author immediately alter its adoption so as to allow for the
immediate execution of the agreement and the pur-
itA suit of the endeavors contemplated ated therein.
20th
(c) The Agreement for the formation of the authority Passed and approved this 20th day of July, 2009.
provides that the obligations of the authority to be Robert D. Freeman
Mayor
created shall be payable from and secured by reve
nues, property and other resources of the authority Attest:
and shall not constitute a general or limited obligation City C Curtis
of the citie or counties participating. City Clerk
SECTION 2: The formation of a regional intermodal fa-
Published in the July 22, 2009 issue of the Press Ar-
cilities authority pursuant to the Act, to be known as gus- Courier_
the "Western Arkansas Intermodal Authority" (the 1
"Authority and the City's participation in the same, 1
are hereby authorized.
On the agenda next was to consider A RESOLUTION AWARDING A SERVICE
SIDE ARM TO THE CITY'S RETIRING FIRE MARSHALL. The City Attorney read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
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 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 7 -1 -2009
CITY OF VAN BUREN.
ARKANSAS
RESOLUTION NO. 9__1_ 2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AWARDING A SERVICE SIDE ARM TO
THE CITY'S RETIRING FIRE MARSHALL.
WHEREAS, Van Buren Fire Marshall James Griffin is retiring from the city on August 1, 2009.
after 26 years (and I month) of service; and
WHEREAS, Janes Griffin has demonstrated his dedication to duty and to the citizens of the City
of Van Buren: and
WHEREAS, Upon regular service retirement under honorable circumstances, the City wishes to
recognize James Griffin's service as Fire Marshall, and award to him his personal
sidearm carried by him at the time of his retirement from service;
NOV. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1. the Citv Council for the City of Van Buren adopts this resolution awarding his
service side arm. a Heckler S Koch 9N-IM l'istoL SN27- 013084, to Fire Marshall
Janes Griffin upon his retirement August 1, 2009.
IN TESTIMONY WHEREOF, the City of Van Buren. Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 12 for and against, the foregoing Resolution at
its meeting held on the 20 day of July. 2009.
Robert 0. Fr-acor
ATTESTED: APP CfiVED. T01- '@1'_\1:
Barbie Curtis, City Clerk/Treasurer N. Do it J:ter Attome
Next on the agenda was a request from Mount Olive Church to close a portion of
Lafayette and Knox Streets for their annual block party. Motion was made by Alderman Parker
and seconded by Alderrnan Moore to approve the request. 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 $1,022,456.55 to pay expenses
and salaries for June 2009, presented by the City Clerk. The Council followed with a unanimous
vote.
PAGE: 1
M C I T Y 0 i VAN 6 0 6 6 0
7 -13 -2009 09:04 201
17
AS OF: 4066 30TH, 2009
10 Genera: Fund YEAµ TO GATE
NONTN TO DATE
DEBITS CREDITS DEBITS CREDITS
ACCT0 ACCOUNT NAB i
ASSETS
200.00
0.00
1000 petty Cash 124,121.20 343,064.26
1020 Cash in Bank o.DO
0.00
1020.06 2009 Byrne Grant 5
v 1i-I-31
1-0 CC] -2001 Hv Grunt 30,052 -30 J
0.00
1020.08 ca =n ifi Bank-Ins Storm 1,050.00 3 E
0.00
1020.09 District Cou[ Grant-Mediation 9,169.19 8,]22.78
1 0 2 0 1 0 5,049.28
0.00
1020.11 Cash an Bank KvBB 19,364.00
0.00 i3 3 13.
1020.13 Cash In Back -ACT 833 45,469.69
1,037.50 I C
1020.14 Court Automation i 0.00 L
0.O0
1020.15 Cash i Bank-ACT 1 314 0 2
O.00 f
1020.16 AR Dept f Rural II
0.00
3020.17 New Police Dept 128,123.99
7,185.67
1020.18 Cash in Bank PD Co Tax 210,001.57
1
18.963.71
'1020 19 Cash in Bank FD Co Tax 2,050.00
350.00 I
:020.2C Cash In Bank-Erosion Control
650.00 5,694.17 b
1020.27 Cash in Bank Levee 54,016.44
722.60
1020.31 Ca4'. in Bank .arks 6 Red
t29 I
11,231.47
1020.51 Cash 10 Bank Cemetery 367,002.80
34,869.14
1020.91 Cash in Bank Cap Imp 550.000.00
0,00
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 0.0C
0.00 I
1040.31 Investments Parks 6 Rec 59.752.59
C.00
1040.51 Investments Cemetery i, 806, 259.41
0.00
1040.91 Investments Cap Imp 0.00
C.00
1050 Fixed Assets 0.00
pxeciat' -cn 0.00
1051 Accumulated 9e 0.00
0.00
1504 Due from Payroll 0.00
0.00
1505 Due From Other Funds 0.00 1
0.00
1520 Due from Street Fund 0.00 II
C.00
1540 Due From Library Fund I
I
LIABILITIES AND FUND BALANCE II
0.00
I
0.00
2e00 Accounts Payable 0.00
o. oD
2010 Municipal Health Ina. ea rams o.DO II
0.00
2030 Colonial cue Pavane 0.00
0.00
2035 Credit Union rs: Res^ ^rte 0.00
0.00
00 I
2040 1.DPFI Payable 0.00
0.
2050 National_ Foundation Lire Ins. 0.00 00
00
2060 ;L 0.00 j
Oo
2060 C Payable 0.00
0.00 0
2090 Nev York Life Ios. Payable 0.00 .:s
o.00
2100 Life Ins. Of 08064 10 Payable
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. Richard Hodo spoke to
the council. He's been on Main Street for 27 years and change is always hard. A couple of
difficulties with Main Street is parking and speeding. One recommendation is to make Main
Street a one -way street going west towards the Crawford County Courthouse. With making Main
Street one -way street there would be the opportunity to make more parking with angled parking
spaces instead of parallel. Mayor Freeman proposed to the council to do a traffic study through
Western Arkansas Planning and Ken O'Donnell. to research the impact on economy from cities
who have gone to one way streets, and then have some public hearings and get the Historic
District involved. Motion was made by Alderman Swaim and seconded by Alderman Dodd to
approve the Mayor's recommendation. The Council followed with a unanimous vote.
There being no further business, motion was made by Alderman Swaim and
seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at approximately 7:44 p.m.
ATTESTED: AP 'I' 1 'ED:
CITY CLERK- TREASURER MA 1