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12 December 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING DECEMBER 21, 2009 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, December 21, 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 Brad Baldwin, City Engineer. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on November 16, 2009. Alderman Swaim made a motion to approve the minutes. Aldennan Parker 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 TO AMEND ORDINANCE NO. 7 -1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, 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 notion was seconded by Alderman Sagely. 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 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 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 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 Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Aldennan Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the notion 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 33 -2009 CITY OF VAN BUREN WHEREAS, as a result of IN WITNESS WHEREOF ARKANSAS this hearing, the Planning the City of Van Buren, Ar- ARK AS Commission has recom kansas, by its City Coun- ORDINANCE ARK 33C9 mended that certain prop- cil. did pass, approve. and ED BY THE erty within the city limits adopt, by a vote of 6 for 'BE IT ENACTED COUNCIL, FOR THE of the City of Van Buren any 0 against, the forego be rezoned from its previ- ing Ordinance at its Rego- CITY C OF ITY OF, AN VAN BUREN, ORDINANCE THE AR- ous classification to the lar Meeting held on the BE ENTITLED: following: 21st day of December, TO TO ENTITLED: TO property Description 2009. AN Lots 1 -14 of the J. R. Robert D. Freeman AMEND ORDINANCE Young addition mare corn- Mayor NO. 7 -1963 (VAN BUREN monly known as 209 North Attested: MUNICIPAL CODE NO, 30th Street, Van Buren, Barbie Curtis 14.04.01) FOR THE PUR- Arkansas City Clerk/Treasurer POSE OF REZONING Prgpertt zgned Approved as to form: CERTAIN PROPERTY 'IN C -2 1 -2 N. Donald Jenkins. Jr. THE CITY OF VAN BU New Zoning City Attorney REN, ARKANSAS, C -2 Published in the Decem- AMENDING THE ZON- WHEREAS, The proposed ber 23. 2009 issue of the ING MAP OF THE CITY rezoning herein was rec- Press Argus- Courier. OF VAN BUREN, AR• ommended by a majority KANSAS, AND FOR vote of the entire Planning OTHER PURPOSES- Commission, in accor- WI-IEREAS, the City af van{ dance with A.C.A Buren, Arkansas, is duly 14 -56 -422; incorporated under the I NOW, THEREFORE, BE ITI laws of the State of Ar- ORDAINED BY THE CITV kansas, with all powers, 1 COUNCIL OF THE CITY OF authority and duties of a IVAN BUREN, ARKANSAS: city of the first class: and ;SECTION 1: The above-de- WHEREAS, the City of Van ?scribed property is hereby Buren has adopted by the ,rezoned, and the Van Bu- Zoning Ordinance for the ren Zoning Map is hereby City of Van Buren (Ordi- amended to reflect this nance No. 7- 1963); and rezoning; and WHEREAS, notice of •a SECTION 2: The adopted Public Hearind was duly rezoning shall be filed in published and a Public the office of the City hearing was conducted as Clerk, in accordance with required by law (A.C.A A.C.A 14 -56- 422(5); 14-56-422) on December 1, 2004: and On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S MUNICIPAL CODE REGARDING COMPETITIVE BIDS TO RAISE THE THRESHOLD TO CONFORM TO STATE LAW; 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 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 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. 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 Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Alderman Sagely asked if this meant the council would not know when the mayor spent money. Mayor Freeman answered back saying that the council will still be aware of the money being spent by the financial statements at the end of the month as well as by notification by the mayor. 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. 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 34 -2009 CITY OF VAN BUREN NOW, THEREFORE, BE IT ceived pursuant to said 'IN WITNESS WHEREOF, rARI(ANSA$ ORDAINED AND ENACTED advertisement f shall he the City,of Van Buren, Ar ORDINANCE NO. BY THE CITY COUNCIL OF opened and read on. the kansas, by its City Coon- 34 -2009 BE IT ENACTED BY THE THE CITY OF VAN BUREN, date set forreceiving said ARKANSAS, THAT: cil, did passrapproye, and bids in the presence of the l adopt, by a vote of 6 for (CITY COUNCIL, FOR THE SECTION 1: Van Buren Mayor or his duly author- and 0 against, the forego 'CITY OF VAN BUREN, AR- Municipal Code 03.04.01 is ized representative. The ing Ordinance at its Rego- KANSAS AN ORDINANCE amended as follows: contract shall be awarded. lar Meeting, held on the TO BE ENTITLED: The mayor, of his duly to the ,lowest responsible 21st day of December: AN ORDINANCE TO authorized representative, bidder, provided, how- 2009. AMEND VAN BUREN'S shall have exclusive ever, the Mayor or his i Robert D. Freeman MUNICIPAL CODE RE- Power and responsibility duly authorized represen- Mayor CARDING COMPETITIVE to make purchases of all tative may reject any and' Attested: I BIDS TO RAISE THE supplies, apparatus, all bids received. The City Barbie Curtis THRESHOLD TO CON- equipment, materials and Council, by ordinance, City Clerk /Treasurer I other things requisite for mav_waive the repuire- FORM h FOR OTHER PUR- public purposes for the men OTHER LAW; N. Donald as to form: AND FOR menu of com�tive bid- N. onald Jenkins POSES. City of Van Buren and to diereto in exceptional City Attorney WHEREAS, the City of Van make all necessary things SituatQns where such oro- Published in the Decem- Buren has adopted Ordi- to be furnished for the cedure is deemed not fea_ ber 23, 2009 issue of the nance 15-1985, as benefit of the city where sible prgractical. I Press Argus- Courier. I amended by 02 -1999, to the amount of the expen- SECTION 3. CONFLICTS: I establish 'a threshold of diture for any purpose or All ordinances and parts $10,000 over which any contract does not exceed of ordinances with' this or -1 I. contract must be competi- to sum Of Ten Twenty dinances, be andthe same tively bid; and Thousand Dollars ($30,000 are repealed. WHEREAS, it is often inef- >Zan). SECTION 4: SEVERABIL Relent 'and costly to bid SECTION 2: Van Buren ITV: The various provi I contracts of $20,000, or Municipal Code 03.04.02 is .signs and parts of .a sec 1 'less, in that it delays pur- amended as follows:_ lion, or any provision or chases and minor capital Where the amount of ex- part of a provision herein,, improvements needed to Penditure of any purchase is declared to be unconsti benefit the citizens and or contract exceeds the tutional, inappropriate, or residents of Van Buren; sum of 444 Twenty. Thou- invalid by any court of and sand Dollars ($44,000 competent jurisdiction,1 WHEREAS, Act 1435 of $20,000), the Mayor or his 'such holding shall not in 2005, A.C.A duly authorized represen- validate or affect the re 14- 58- 303(2)(A)(i) raised tative shall invite cam- mainder of this Ordinance the state mandated com I petitive bids thdreon by and to that extent the pro petitive bidding require legal advertisement in any I visions hereto are de- ments for a city of the `local newspaper poen 1 clared to be severable. first class from $10,000 to circulation. Bids re $20,000. On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF ADVANTAGE SECURITY TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF SECURITY AND SURVEILLANCE SYSTEM FOR THE VAN BUREN MUNICIPAL COMPLEX AND THE VAN BUREN DISTRICT COURT. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said this would be a camera system plus locks on the exit doors that lock and unlock at specific times of the day and would control anyone coming in and out of the building before or after those specific hours. Alderman Parker asked who would monitor cameras. City Engineer, Brad Baldwin, explained that it would be saved on a DVR recorder for someone to view, as well as the Bailiff to monitor during court. Alderman Swaim seconded by Alderman Parker 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 12 -1 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO.i_- 1 -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE BID OF ADVANTAGE SECURITY TECHNOLOGIES FOR TILE PURCHASE AND INSTALLATION OF SECURITY AND SURVEILLANCE SYSTEM FOR THE VAN BUREN MUNICIPAL COMPLEX AND THE VAN BUREN DISTRICT COURT. WHEREAS, the City of Van Buren duly advertised and let bids for the purchase and installation of security and surveillance system for the Van Buren Municipal Complex and the Van Buren District Court; and WHEREAS, bids have been received and opened in accordance with Arkansas law and Advantage Security Technologies of Van Buren was the lowest acceptable bidder, with a bid of $23,728.10, plus applicable sales tax, as set forth in "Exhibit A" attached hereto, meeting the bid specifications; and WHEREAS, the City of Van Buren has determined that the bid of Advantage Security Technologies is the best available 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$23,728.10, plus applicable sales tax as submitted by Advantage Security Technologies and set forth in "Exhibit A" hereto, to be paid out as follows: 511,390.75 (plus sales tax) of the City of Van Buren capital improvement funds, and 512,337.35 (plus sales tax) to be paid out of the Van Buren District Court's court automation funds; 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 this project and to execute all documents necessary to effectuate this resolution. IN TESTIMONY WHEREOF, the City of Va Buren, Arkansas, by its City Council. did pass, approve, and adopt, by a vote of (p for and ainst, the foregoing Resolution at its Meeting held on the 21st day of December 2009. I Robert D. Freema ATT -STED: API'RuQ VED AS TO ORM: Barbie Curtis, City Clerk/Treasurer N. Donald let it) mey On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010. The City 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 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 12 -2 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1, ,2009 A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010. SECTION 1: THAT the 2010 Proposed Expenditures of 511,377,100.33 (Eleven Million, Three Hundred Seventy Seven Thousand, One hundred Dollars and thirty three cents) is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof; and SECTION 2: THAT the appropriations made herein include additional pay for Holidays for all agents, servants and employees of the City of Van Buren, including but not limited to, uniformed employees, as provided for by the laws of the State of Arkansas. PASSED AND APPROVED THIS 1 164 DAY OF t)EC,ff%\ be ,2009. ta IA-17U ATTESTED: CITY CLERK TREASURER On the agenda next was to consider A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT 917 CEDAR, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PORPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mr. Scroggins said that 30 days wasn't enough time to resolve the issue. Alderman Swaim said this problem has been going on for over two and a half years and this issue needs to be resolved. He also said, if two and a half years hasn't solved it 30 days won't matter. 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 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 12 -3 -2009 CITY OF VAN BUREN, ARICA.\"SAS RESOLUTION NO. IA -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LLAHTS, LOCATED AT 917 CEDAR, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AM) FOR OTHER PURPOSES. WHEREAS, the semcnve set forth above has been found by the Van Buren code enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, obnoxious, unsafe, unfit for human habitation and/or otherwise detrimental to public welfare of Van Breen citizens in violation of Van Buren Municipal Code 11 28.01 et seq; and WHEREAS, the condition of such property, as set forth in Exhibit "A" attached hereto, constitutes a serious fire, health, and/or safety hazard to the Public and to the City of Van Buren, and unless immediate action is taken to remedy these conditions, by removing razing and/or abating said nuisance, there is great likelihood that the surrounding property may be damaged by fire originating from such unsafe hazardous structure. Moreover since the structure is without proper sanitary facilities, and as such is unsafe and hazardous, and provides a breeding place for rats, rodents and other dangerous germ carriers of disease, h constitutes a serious hazard to the health and safety of the citizens of Van Buren, and should be moved or razed for the purpose of eliminating such hazards. The city has given proper notice in accordance with Van Buren Municipal Code 11.28.07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The Van Buren City Council hereby finds and declares the house located at the address identified herein to be dangerous, unsightly, unsanitary, dilapidated, unsafe, obnoxious, a fire hazard, and/or a menace to abutting properties, with the current condition of said structure not being fit for human habitation; and because of such conditions, the City Council hereby declares the same to be condemned as a public nuisance and is ordered to be abated, removed or razed by the owner thereof in accordance with City Ordinance and State law. SECTION 2. In accordance with Van Buren Municipal Code 11.28.08, the outer of record of the following described property is hereby directed to raze the same, or otherwise abate the above declared nuisance within thirty (30) days after the posting of a true copy of this Resolution at a conspicuous plane upon the structure constituting the nuisance described herein to -wit: Lot 8 9, block B, Creekmore subdivision in the City of Van Burnt, Crawford County, Arkansas_ (Parcel No. 700- 01880 -000, located at 917 cedar and owned by Louise Scroggins.) SECTION 3. If the aforementioned structure has not been razed and/or removed within thirty (30) days after posting a true copy of this resolution at a conspicuous place upon the structure constituting the nuisance, or the nuisance otherwise abated, the structure shall be tom done and/or removed by the City of Vim Buren, or a duly designated representative. Each day after the aforesaid thirty (30) days in which said nuisance is not abated shall constitute a separate and distinct offense punishable by fine up to 825.00 per day. Van Buren Ordinance 29 -1997. LN TESTIMONY WHEREOF, th City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (o for and Q nst, the foregoing Resolution at its Meeting held on the 21st day of December 2009. P s Robert D. Free ATTESTED: .APPROVED AS TO FORM: Barbie Cunrs, City Clerk/Treasurer N. Donald Mn ;therm., On the agenda next was to consider A RESOLUTION ENCOURAGING LOCAL BUSINESSES AND ORGANIZATIONS TO PURCHASE CIGARETTE URNS TO HELP CURB CIGARETTE LITTER AND URGING FUNDING OF ACT 1500 OF 2009 BY THE ARKANSAS LEGISLATURE. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. John Pope gave a little bit of background. Two hundred and twenty million cigarettes were sold last year in Arkansas. Approximately ten percent of those were littered. These urns would help keep that liner out of our lakes and streams. Representative Rick Green said that John Pope is one of the most persistent people he knows. Representative Green presented a citation to John Pope and Keep Van Buren Beautiful for all their hours of hard work. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderfnan 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 12 -4 -2009 CITY OF VAS BUREN, ARKANSAS RESOLUTION NOJL4 2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CffY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE E2N 111 LED: A RESOLUTION ENCOURAGING LOCAL BUSINESSES AND ORG.6\'I'ZATIONS TO PURCHASE CIGARETTE URNS TO IIELP CURII CIGARETTE LITTER AND URGING FUNDING OF ACT 1500 OF 2009 BY 'rue ARKANSAS LEGISLATURE. WI IEREAS, the "Keep Arkansas Beautiful" Commission has determined, through statewide and local clean -ups, that cigarette liner is the most livered item in the State of Arkansas; and WHEREAS, the "Keep America Beautiful" Commission has determined that placing cigarette urns hi high- trafile areas significantly helps reduce cigarette liner by mole than fifty percent (20%): and WHEREAS, the "Keep Van Buren Beautiful" Commission has to date helped reduce cigarette liner by more than fifty percent (50 within the I listoric District by having cigarette urns placed on Historic Main Street, Van Buren; and WHEREAS, the Arkansas State Legislature has passed legislation, authored by State Representative Rick Green of Van Buren, that, if funded, would provide a twenty percent (20 tax credit to businesses that purchase cigareneums for public use; and WHEREAS, cigarette liner is not only unsighdy, but makes its way into Arkansas lakes, rivers and streams causing pollution on our waterways: NOW, TIIEdEFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: ML. '1_1_QM. The City of Van Buren hereby encourages local businesses and organizations to help reduce cigarette litter by purchasing cigarette urns for their places of business. SECTION 2. The City of Van Buren hereby encourages the State to fully fund Act 1500 of 2009 to assist state businesses with a tax credit for the purchase of cigarette urns. SUCTION 3. The City of Van Buren further encourages all cities and counties in the state to provide cigarette urns at all government owned, leased or rented facilitieswith public entrances and calls upon the Keep Arkansas Beautiful Commission to develop and distribute educational material that would encourage the public to reduce cigarette litter in the State. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of_(p for and n against, the foregoing Resolution at its Regular Meeting held on the 21st day of December 200 Robert D. Ere ayo ATTESTED: APPROVED AS TO F RM: awt Ct Hmbic Curtis, City Clerk/Treasurer N. Dona dlcnldns, City tomcy On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman clarified that the Walkie talkies were purchased for the school and we are just transferring those to them. 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 12 -5 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. j1- 5- 2009 I3E IT ENACTED BY THE CI'T'Y COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSN: rS FROM 'FLIE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City of Van Buren Police Department has certain assets on its Fixed Asset Inventory list which are obsolete, and /or beyond repair, and are no longer cost effective to maintain or use, so as to no longer be needed by the City; and WHEREAS, said items or item should be disposed of in accordance with state law, A.C.A. 14 -58 -306, and be removed from the City's Fixed Asset Inventory. NOW, THEREFORE, I3E fl' RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and to dispose of same by transfer to various governmental agencies: Receiving Aeency Book Value Description of Inventory Control Van Buren School District 5 265.00 Maxon Walkie Talkie PD -428 Van Buren School District 265.00 Maxon Walkie Talkie PD -429 Van Buren School District 265.00 Maxon Walkie Talkie PD -430 Van Buren School District 265.00 Maxon Walkie Talkie PD -431 Van Buren School District 5 265.00 Maxon Walkie Talkie PD -432 Van Buren School District 265.00 Maxon Walkie Talkie PD -433 Van Buren School District 5 265.00 Maxon Walkie Talkie PD -434 Van Buren School District 265.00 Maxon Walkie Talkie PD -435 Van Buren School District 5 265.00 Maxon Walkie Talkie PD -436 Van Buren School District 265.00 Maxon Walkie Talkie 1'D -437 Van Buren School District 5 265.00 Maxon Walkie Talkie I'D -438 Van Buren School District 265.00 Maxon Walkie Talkie PD -439 Van Buren School District 265.00 Maxon Walkie Talkie PD -440 Van Buren School District 5 265.00 Maxon Walkie Talkie PD -441 Van Buren School District 265.00 Maxon Walkie Talkie PD -442 RESOLUTION NUMBER 12 -5 -2009 CONTINUED SECTION 2: The. Mayor and CityClerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and to dispose of same by transfer, sealed bid, auction or other such methods authorized under the law: Department Book Value Description of inventory Control Police Department 5 219.00 Canon BJ200E Printer PD -302 Police Department S 219.00 Canon BJ200E Printer PD -308 Police Department 5 135.04 Canon BJ200E Printer PD -309 Police Department 5 400.00 Canon BJ200E Printer PD -357 Police Department S 861.29 Canon BJ200E Printer PD -414 Police Department 51,116.65 Canon BJ200E Printer PD -470 Police Department S 435.61 Canon BJ200E Printer PD -488 SECTION 3: The Mayor and City Clerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and return them to the manufacturer for replacement under warranty: Department Book Value Description of Inventory Control Police Department S 5,421.60 Watchguard Mobile Video System PD -676 Police Department S 5,421.60 Watchguard Mobile Video System PD -678 SECTION 4: The Mayor and City Clerk are hereby authorized to dispose of following lighting damaged asset from the Fixed Asset Inventory: Department Book Value Description of Inventory Control Police Department 514,104.77 Nuvico DVR System PD -624 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (IJ for and _a against. the foregoing Resolution at its regular meeting held on the 21" day of December, 2009. Robert D. Free i ayor ATTESTED: AP' V G' AS`FO FORM: Barbie Curtis, City Clerk/Treasurer N. Do enkin Jh ity Attorney On the agenda next was to consider A RESOLUTION TO REIMBURSE CRAWFORD COUNTY FOR STREET REPAIRS AND IMPROVEMENTS TO OLD UNIONTOWN ROAD. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none :Alderman Swaim seconded by Alderman Parker 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 12 -6 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NOi4: 2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO REIMBURSE CRAWFORI) COUN'T'Y FOR STREET REPAIRS AND IMPROVEMENTS TO OLD UNIONTOWN ROAD. WI IEREAS, Old Uniontown Road lies on the border of the City of Van Buren and unincorporated Crawford County, as a result of which the two entities have historically split the cost of repairs and maintenance to said road; and WHEREAS, certain repairs have been made, for which the City of Van Buren owes S31,064.67 to Crawford County for its share of materials and paving, which is now due and payable as setforth in Exhibit "A" hereto. NO \V, T-TI➢tEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The City of Van Buren currently owes 531,064.67 to Crawford County for its share of materials and paving for repairs to portions of Old Uniontown Road within its corporate city limits. SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to reimburse Crawford County, from street funds, 531,064.67 for its share of improvements made to Old Uniontown Road. IN TESTIMONY WHEREOF, 0 e City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of _,12 for and 0 .nst, the foregoing Resolution at its Regular Meeting held on the 21st day of December 2009. `12 o_ Robert D. Free IN I ATTESTED: APPROVED AS TS OIL \4: 1/4 C a Barbie Curtis, City Clerk/Treasurer N. Donald Jew. ttorney On the agenda next was a Public Hearing on liens to be certified for certain real properties as a result of grass cutting expenses and abatement of other nuisances. There was no representative present for the properties. On the agenda next was to consider A RESOLUTION APPROVING AMOUNTS OF LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN BUREN; AND FOR OTHER PURPOSES. The City 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 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 12 -7 -2009 RESOLUTION NO. D-001 A RESOLUTION APPROVING AMOUNTS OF LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN BUREN; AND FOR OTHER PURPOSES. WHEREAS, in accordance with Ark Code Ann. 14 -54 -901, the City of Van Buren has corrected conditions existing on certain lots or other real property within the City of Van Buren and is entitled to compensation pursuant to Ark Code Ann. 14 -54 -904; and WHEREAS, State law also provides for a lien against the subject properties, with the amount of lien to be determined by the City Council at a hearing held after notice to the owner thereof by certified mail or publication (see Exhibit "A" attached hereto), with said amount (plus a ten percent collection penalty) to be thereafter certified to the Crawford County Tax Collector; and WHEREAS, a hearing for the purpose of determining such liens has been set for 7:00 p.m. on December 21, 2009 in order to allow service of the attached notice of same upon the listed property owners, by certified mail or publication as is necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS; SECTION 1: That after notice to property owners, a public hearing was held at 7:00 p.m. on December 21, 2009, for the purpose of determining the amount of liens, if any, to be filed against certain real property as the result of grass cutting and abatement of other nuisances by the City of Van Buren. SECTION 2: That after said public hearing the amounts listed on Exhibit "A" are hereby certified and are to be forwarded to the Crawford County Treasurer and Assessor. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 21 DAY OF DECEMBER, 2009. 4 Barbie Curtis, City Clerk \Treasurer Mayor Robert Freeman Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to appropriate the sum of $1,406,823.99 to pay expenses and salaries for November 2009 presented by the City Clerk. The Council followed with a unanimous vote. il 12 -02 -2009 02:38 ,PM C I T Y O F V A N 9 0 8 0 9 PAGE: 1 TRIAL BALANCE 'ice. AZ OF: NOVEMBER 30TH, 2009 10 General Fund I NONtN TO OAiE YEAR TO GATE ACCTS ACCOUNT NAM DEBITS CREDITS DEB1T0 CREDITS ASSETS 1000 Petty Cash 0.00 200.00 0 1020 Cash in Bank 18,328.84 298,041.45 1020.05 2009 Byrne Recovery Grant 3,039.59 59,896.01 9 0 1 9 3 0 S 1 2009 -Byrne Grant 0.00 7,592,00 -'1 S 2 Z 2 i -5040.07 2007 Byrne Grant 0.00 4,689.00 1020.08 Cash in Bank -Ins 2008 storm 0.00 30,852.39 9 i Y 1020.01 District Coot Grant Mediation 0.00 975.00 2,500.00- I 1020.10 Cash in Bank HDC 0.00 6,406.14 2 i 3 3 9 4 4 8 P1 1020.11 Cash in Bank -9V99 0.00 3,574.28 5 8 S I 7 5'. 1020.13 Cash In Bank -ACT 833 15,329.80 58,715.05 1020.14 Court Automation District 1,512.50 51,172.56 i s 1 0 1020.15 Cash in Bank -ACT 1314 0.00 0.00 007 1020.16 AR Dept Of Rural Services 0.00 0.00 1 v 40 J 0 2 9 9 1020.11 New Police Dept 0.00 35,000.00 1020.18 Cash in Bank PD to Tax 21,997.96 47,665.21 1020.19 Cash in Bank FD Co Tax 12,836.15 174,982.31 1020.20 Cash In Bank Erosion Control 175.00 3,400.00 1 1020.27 Cash in Bank Levee 650.00 7,094.17 1020.26 Marina Repairs 0.00 17,732.50 i 1020.31 Cash in Bank Parks 6 Sec 715.00 37, 19].29 I 1020.33 Cash in Bank -Yard waste 0.00 0.00 li 1020.51 Cash in Bank Cemetery 33.81 11.150.60 1 1 1020.91 Cash in Bank Cap Imp 92,163.70 529,7 1040 Investments 0.00 550,000.00 1040.10 Investments Sales Tax City 0.00 0.00 '.I 1040.18 Investments PD Co Tax 0.00 0.00 1040,19 Investments FD CO Tax 0.00 0.00 i 1040.27 Investments Levee 0.00 0.00 1040 -31 Investments Parks 4 Rec 0.00 0.00 1040.51 Investments Cemetery 0.00 48,752.59 jt 1040.91 Investments Cap Imp 0.00 1,810,643.58 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 '11, 1505 Due From other Funds 0.00 0.00 f{ 1520 Due from Street Fund 4.99 3.93 (11 1540 Due From Library Fund 0.00 0.00 Ir'p LIABILITI ,5 9395 FUND BALANCE u 2000 AccOunts Payable 0.00 0.00 2010 Municipal H lth Inn. Payable 0.00 0.00 2030 Colonial Lif Payable 0.00 0.00 UL 2035 Credit Union-Firs: Resource 0.00 0.00 Ill. 2040 10051 Payable 0.00 0.00 „I' 2050 National Foundation Life Ins. 0.00 0.00 2060 AFLAC 0.00 0.00 4 }r 1 111 f d9 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 mentioned an item in everyone's packet noting the changes of January's and February's council meetings to allow for State Holidays. Alderman Parker asked to make a comment. She wanted to congratulate the Police Department for their Shop with a Cop program and the Fire Department for their Christmas fruit baskets to the 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 7:55 p.m. ATTESTED: AP RO ED: CITY CLERK- TREASURER MAYOR