05 May 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MAY 19, 2008
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, May 19,
2008 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, Johnson, Dodd and Sagely. City Attorney Donald Jenkins and City Clerk Treasurer
Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Rev. George Williams, Pastor of Heritage United Methodist
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 April 21, 2008. 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, Johnson, Dodd and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman held a Public Hearing to close an alley in the
Bouren Addition. There were no comments from the citizens. Mayor Freeman said that we are
waiting on OG &E and SBC for the OK on the Utility Easements, and so he entertained a motion
to Table the Ordinance until all parties have responded. Motion was made by Alderman Swaim
and seconded by Alderman Johnson. The Council followed with a unanimous vote.
On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH
ARK. CODE ANN. 14 -42 -107, AUTHORIZING A CONTRACT WITH AN OFFICIAL
OR EMPLOYEE OF THE CITY OF VAN BUREN FOR CONSTRUCTION SERVICES
FOR THE VAN BUREN FIRE DEPARTMENT AND THE CITY OF VAN BUREN,
DECLARING AN EMERGENCY, 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 Sagely. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, 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 Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
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. Discussion was made about the
hail damage to Fire Station #2's siding.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim. Parker, Moore, Johnson,
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 Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim. Parker, Moore. Johnson. 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 12 -2008
i CITY OF VAN BUREN
ARKANSAS
ORDINANCE NO.
12 -2008
BE IT ENACTED BY THE NOW, THEREFORE, BE IT
CITY COUNCIL FOR THE i ORDAINED AND ENACTED
CITY OF VAN BUREN, AR- 1 BY THE CITY COUNCIL OF
KANSAS AN ORDINANCE THE CITY OF VAN BUREN,
TO BE ENTITLED: i ARKANSAS, THAT:
AN ORDINANCE FOR SECTION I: Larry Greg
'COMPLIANCE WITH 1 ory, is hereby authorized
ARK. CODE ANN. and accepted, as recom-
14-42 -107, AUTHORIZ- mended by the Fire De-
ING A CONTRACT WITH partment, to perform up
AN OFFICIAL OR EM- to $5,000
PLOYEE OF THE CITY Station #2 for the City of
OF VAN BUREN FOR Van Buren and the Van
CONSTRUCTION SERV- Buren Fire Department.
ICES FOR THE VAN BU- SECTION 2: This ordi-
REN FIRE DEPARTMENT Nance being necessary for
AND THE CITY OF VAN the financial continuity of
BUREN, DECLARING AN the City of Van Buren, Ar-
EMERGENCY, AND FOR kansas, and necessary in
OTHER PURPOSES. providing for the immedi-
WHEREAS, A.C.A. ate preservation of the
14 -42 -107 requires an or- public peace, health, and
dinance be enacted spe- safety, an emergency is
cifically permitting the declared to exist and this
conducting of any busi- Ordinance shall take ef-
ness between an official feet and be in force after
or employee of the city its passage and publica-
and the City of Van Buren; tion.
and IN WITNESS WHEREOF,
WHEREAS, the City of Van the City of Van Buren, Ar=
Buren and the Van Buren kansas, by its City Coun-
Fire Department wish to cil, did pass, approve, and
use Van Buren Fireman adopt, by a vote of 6 for
Larry Gregory, to perform and 0 against, the forgo-;
repairs to Fire Station #2, ing Ordinance at its meet
because he can perform ing held on the 19th day of
the repairs quicker and May, 2008.
below market rate; and Robert D. Freeman
WHEREAS, it is the desire Mayor
of the Administration and APPROVED AS TO FORM:
the Van Buren City Coun- N. Donald Jenkins, Jr.
cil that compliance with City Attorney
A.C.A 14 -42 -107 is satis- ATTESTED:
fied for the conducting of Barbie Curtis
all city business; and City Clerk/Treasurer
WHEREAS, the purpose of Published in the May 21, 1
this Ordinance is immedi- 2008 issue of the Press Ar-
ately necessary for pres- 9us- Courier.
ervation of the health, .tee
safety and welfare of the
inhabitants of the City of
Van Buren, Arkansas and
an emergency exists
which requires that this
Ordinance become imme-
diately effective and in
full force and effect.
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
motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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, Johnson,
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 Johnson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
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 13 -2008
CITY OF VAN BUREN WHEREAS, as a result of
ARKANSAS this hearing, the Planning
ORDINANCE NO. Commission has recom-
13 -2008 mended that certain prop-
BE IT ENACTED BY THE ,erty within the city limits
CITY COUNCIL FOR THE of the City of. Van Buren
CITY OF VAN BUREN, AR •be rezoned from its previ-
KANSAS, AN ORDINANCE ous classification' to the
following: IN WITNESS WHEREOF,
TO BE ENTITLED. Property Description the City of Van Buren, Ar-
AN ORDINANCE TO T 2, Comstock Tracks kansas, by its City Coun-
AMEND ORDINANCE cil, did pass, approve, and
NO. 7 -1963 (VAN BUREN-. 1 2 being a part of Block adopt, by a vote of 6 of
MUNICIPAL CODE NO. 3, Drennen Addition, Van
s and 0 against, the forego
14.00.01) FOR THE PUR- Buren, Arkansas, more ing Ordinanceat its meet'
POSE OF REZONING commonly known as 208 ing held on the 19th day of
CERTAIN PROPERTY IN Fayetteville Road. May, 2008
THE CITY OF VAN BU- Pmoerty Zoned ;Robert D. Freeman
REN, ARKANSAS, R -2 ;Mayor
AMENDING THE ZON- New Zoning 'ATTESTED:
ING MAP OF THE CITY R -3
Barbie Curtis
OF VAN BUREN, AR- WHEREAS, The proposed 'City Clerk/Treasurer
KANSAS,. AND FOR rezoning herein was rec- APPROVED
OTHER PURPOSES. ommended by a majority Jenkins, n TO FORM:
v ote of the entire Planning N. Donald Jenkins, Jr.
WHEREAS, the City of Van 9 [p Attorney
Buren, Arkansas, is duly Commission, in actor-
;Published in the May 21,
incorporated under the ;dance with A.C.A '2008 issue of the Press Ar-
i
laws of the State of Ar- 14 -56 -422; 'gus- Courier
kansas, with all powers, NOW, THEREFORE, BE IT
authority and duties of a ORDAINED BY THE CITY
city ofdhe first class; and COUNCIL OF THE CITY OF f
WHEREAS, the'City, of Van VAN BUREN, ARKANSAS:
Buren' )has,-,adopted the SECTION 1: The above -de-
Zoning Ordinance for the scribed property is hereby
City of Van Buren (Ordi- 'rezoned, and the Van Bu-
!nance No. 7- 1963); and ren Zoning Map is hereby,
;WHEREAS, notice of a amended to reflect this
Public Hearing was duly I rezoning; and r
published and a Public SECTION 2: The adopted
hearing was conducted as rezoning shall be filed in
required by law .(A.C.A the office of the City
14-56-422) on May 6, '.Clerk, in accordance with
2008; and, L. 'A.C.A 14 -56- 422(5);
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE FIRE
DEPARTMENT TO DISPOSE OF FIXED ASSETS FROM THE CITY OF VAN
BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER
METHOD AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Johnson moved that the Resolution be adopted. On the Clerk's calling
the roll, the following vote resulted: Alderman Swaim, Parker, Moore, Johnson, 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 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1- I 2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION To AUTHORIZE TIIE FIRE
DEPARTMENT TO DISPOSE OF FIXED ASSETS FROM THE
CITY OF VAN BUREN'S FINED ASSET INVENTORY, BY
SEALED BID, AUCTION OR OTHER M ETIIOD
AU'FIIORIZI'CD UNDER THE LAVA'.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset inventory list which
are obsolete, and/or beyond repair, and are no longer cost effective, so as to no longer
be needed by the City (see Exhibit "A and
WHEREAS, said items or item should be disposed of in accordance with state law, A.C.A. 14-
58 -306, and removed from the City's Fixed Asset Inventory.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS TFIAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from
the Fixed Asset Inventor' and to dispose of same by sealed bid, auction or other such
methods authorized under the law:
Department Amount Description of Inventor• Control
Fire Department 9,142.00 1994 Chevy Cavalier FD1-152
Fire Department 521.522.00 2002 Ford Crown Victoria Sedan FD1 -327
Fire Department 519,276.00 1996 Ford Crown Victoria Sedan FD1-328
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass.
approve. and adopt, by a vote of l for and 0 against. the regoing Resolution at its meeting held
on the 19 day of May, 2008.
Robert D. Free yor
ATTESTED: APPROVED AS TO FORM:
1 ��fi{,L'tcv,
Barbie Curtis, City Clerk /Treasurer N. dzleuki es. Jr.. City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH
BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED
OF BY SEALED BID, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Johnson moved that the Resolution be adopted. On the Clerk's calling
the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO_ 1 -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE (HIGH BIDS FOR
CERTAIN FIXED ASSETS AUTIIORIZED TO BE SOLD AND
DISPOSED OF BY SEALED BID, AM) FOR OTHER
PURPOSES.
WHEREAS, The City of Van Buren has authorized the sale and disposal of certain fixed assets
which are obsolete. and/or beyond repair, and are no longer cost effective, so as to
no longer be needed by the City, pursuant to ResolutionNo. 4-4-2008: and
WHEREAS, The City of Van Buren, after advertising, soliciting and opening sealed bids for said
assets has received adequate and acceptable bids for each listed item thereto.
NOW, TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to accept the high bids as set forth in Exhibit
"A" attached hereto for the following property:
2004 and Crown Victoria Sedan PD-582 $1,487.10
2006 Ford Crown Victoria Sedan PD -610 53,486.90
2004 Ford Crown Victoria Sedan PD -567 $1,486.90 FF
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren t execute all documents necessary to effectuate these sales and transfers.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (p for and 0 against, the foregoing Resolution at its
meeting held on the 19 day of May, 2008. n
Robert D. FjCeman,.]daverf
ATTESTED: APPROVED AS TO FORM:
gi(c4 J,1,< 1
Barbie Curtis, City Clerk/Treasurer N. Don&1d .ki. City ttorney
On the agenda next was a request from Mt. Olive Church to close a portion of Lafayette
Street. Mayor Freeman asked for a motion to grant their request. Alderman Parker seconded by
Alderman Dodd moved that the request be granted. 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 Dodd to appropriate the sum of $1,628,407.45 to pay
expenses and salaries for April 2008, presented by the City Clerk. The Council followed
with a unanimous vote.
S757 „6:00 PM C I T Y "'vTT�E 0 0 0 4 8 1
TRIAL BA1'','CE
AS 0F: APRIL 30TH, 2008
10 Genera- Fund
MONTH TO 01.7E YEAR TO OARS
ACCTS ACCOLAT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS I
w.4e 1
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 75,724.86 151,759.02
1020.10 Ca00 In Bonk Sales Tsx City 0.00 0.00
1020.11 Cash in 8ank -80188 4,596.30 302.50
1020.13 Cash In Bank-ACT 833 0.00 41,592.75 I
1020.14 Court Automation-District 932.50 37,800.44 I
1020.15 Cash in Bank -ACT 1314 0.00 0.00 1 s 1 S O 9 6 1 8 7+ I
1020.17 New Police Dep: 0.00 35,000.00
1020.18 Cash in Bank 8D Co Tax 37,470.75 40,698.89 1 7 t 0 7 0
1020.19 Cash in Bank FD Co Tax 11,694.52 134,591.54 79,28B-
1020.20 Cash In Bank Erosion Control 200.00 14,500.00 1 7 6 9 3 5 1
1020.27 Cash in Bank Levee 0.00 5,594.17 c 7 3 0 Oi 0 1,
1020.31 Cash in Bank Parks 6 Rec 2,960.00 66,355.25
1020.51 Cash in Bank Cemetery 885.55 13,028.30 8 4 6 4 9 9 5
1020.91 Caen in Baca Cap lmp 67,820.86 602,111.06 1 s 1 5 2 7 0
1040 Investments 0.00 550,000.00 1 9 6, 6 3 1. 6 5+
1040.10 Investments Sales Tax City 0.00 0.00 f
1040.18 Investments PD Co Tax 0.00 0.00 1 6 2 p ti 5
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks 6 Rec 0.00 0.00
1040.51 Investments Cenetery 0.00 48,752.59
1040.91 Investments Cap Imp 2,105.05 1,797,675.20
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Paycell 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due fron Street Fund 0.00 0.00
1540 Due From Library Fund 0.00 0.00
1
LIABILITIES AND PAW BALANCE k
2000 Accounts Payable 0.00 0.00
2010 Municipal Fea1th Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00 1
2035 Credit Union -First Resource 0.00 0.00
2040 LOPFI Payable 0.85 0.00
2050 National Foundation Life Ins. 0.00 35.28
2060 AFIAC 0.00 0.00
2080 Conseco Payable 0.00 0.00
2090 Nee; York Life Ins. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 303.00 2,486.83 1
2135 A. Allen Trust 4502355610 0.00 0.00
2140 United Way Payable 0.00 0.00
2150 Parks 6 Rec. F.O.D. 0.00 250.00
2160 Pre -Paid Legal Services 0.00 0.00 I
I
1
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P
i
Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. There being no questions or changes, the reports were
filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Lynn Hubbard
from the Area Agency on Aging gave a brief report on the great things they have been
able to do for the needy elderly with the contribution from the City. She also thanked the
Mayor and Council for the donation.
Mr. Brant Smyers and his wife addressed the Mayor and Council about their
concerns with the concrete ditch and drainage problems on 24` Street. The Smyers live at
2419 Linda Court. They don't want to be forgotten. Mayor Freeman assured them they
would not be forgotten.
Mayor Freeman briefly shared his concern about the Tree City USA Program.
We have three board members going off the Board at the end of this year and there seems
to be no interest from anyone to serve on this board. If no one steps up and wants to keep
this program going, maybe we should step back and take a look at it later.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Johnson to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 7:40 p.m.
ATT E S TED: AP R 1 VED:
r CITY- C- TREASURER TR MAYOR
cl caH CluL