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02 February 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING FEBRUARY 22, 2010 The City Council of the City of Van Buren, Arkansas niet at 7:00 p.m. Monday, February 22, 2010 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 was present. City Attorney Donald Jenkins was absent. This made a total of eight (8) present. A quorum was declared. The invocation was given by Benton Cone with 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 January 11, 2010. Alderman Swains made a motion to approve the minutes. Alderman 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 motion was seconded by Alderman Dodd. 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 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 2 -2010 ORDINANCE NUMBER 2 -2010 CONTINUED CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. L -2D10 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED. AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN TIIE CITY OF VAN BUREN, ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. IVHEREAS, the City of Van Buren, .Arkansas, is duly incorporated under the laws of the State of Arkansas, with all powers, authority and duties ofa city of the first class; and WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren (Ordinance No. 7- 1963): and WHEREAS, notice ofa Public Hearing was duly published and a Public hearing was conducted as required by law (A.C.A. 14 -56 -422) on February 2. 2010 for two separate rezoning requests: and WHEREAS, as a result of this hearing, the Planning Commission has recommended that certain property within the cite limits of the City of Van Buren be rezoned from its previous classification to the following_: Property Description Propene Zoned Neer Zoning Lots 20 -23, Block L, Rea's addition R -1 R -5 more commonly known as 914 North 27` Street, Van Buren, Arkansas Lots 3 &10, Boatrights subdivision C -2 R -3 in the City of Van Buren. Arkansas WHEREAS, 'la proposed rezoning herein was recommended by a majority vote of the entire Planning Commission, in accordance with A.C.A. 14-56-422; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I: The above- described property is hereby rezoned, and the Van Buren Zoning Map is hereby amended to reflect this rezoning; and SECTION 2: The adopted rezoning shall be filed in the office of the City Clerk, in accordance with A.C.A. 14 -56- 422(5); IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of ((7 for and against, the foregoing Ordinance at its Regular Meeting held on the 22n day of February 2010. Robert D. Free or ATTESTED: Barae Curtis, City Clerkffreasurer On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A "STOCK PIERCE CONTENDER" FIRE APPARATUS FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION OF FUNDS; 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 Moore. 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. Mayor Freeman mentioned this truck will be funded by Act 833 Funds and County Sales Tax dollars. 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 Ragsdale, 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 3 -2010 ORDINANCE NUMBER 3 -2010 CONTINUED CITY OF VAN BUREN, ARKANSAS ORDINANCENO. 3 -7010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO NAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A "STOCK PIERCE, CON "TENDER" FIRE APPARATUS FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR 021155 PURPOSES. WHEREAS, the City of Van Buren 0 in immediate need of an additional fire apparatus for the safety of life and protection of pmpcny by the City of Van Buren Firc Department; and WHEREAS, this fire apparatus would be available to put into service in .April and that it would take approximately nine months to order and receive any other new fire apparatus; and WHEREAS, after extensive research and inquiry, the City of Van Buren Fire Chief has delermined that utilizing the HGAC program would be the most practical, feasible and cost effective method to purchase a new Stock Pierre Contender Fire Apparatus conforming to all Federal Department of Transportation (DOT) rules and regulations in effect at the ttme of proposal and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of proposal. 11 will be equipped with a Cummins diesel MI. 400 HP engine, LED light package, 1250 gallons per minute Waterous pump and other accessories as or forth in Exhibit "B". This vehicle is uniquely suited to the needs of Van Buren, and that no other vehicle, for the same price, is a reasonably suitable alternative; and WHEREAS, the cosi of this Stock Pierce Contender fire apparatus is approximately 5305,224 -00 and associates firefighting equipment Exhibit "B" is 541,319.00 for a total price of 1146,543.00 which exceeds the limit for purchase without competitive bidding; and WHEREAS, the City Council has determined, pursuant to A. C.A. Q 14 -58.302 that exceptional circumstances exist which render the competitive bidding process to not be practical or f siblq and WHEREAS, a state of emergency exists because the Stock pierce Contender fire apparatus will provide life safety and protection of property not now available, and because the stock unit is offered through HGAC is readily available, NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT SECTION I: That the Fire Department of the City of Van Buren, Arkansas is in immediate need to purchase the 'Stock Pierce Contender Fire Apparatus Gob k22413) and associated firefighting equipment. SECTION 2: That said fire apparatus, and associated firefighting equipment, Exhibit "B" be purchased from Pierce Manufacturing, located in Appleton Wisconsin, for the sum of 5346,543.00 pursuant to the contract attached hereto as Exhibit "A" SECTION 3: That the City Council in aceocdence with the terns of A.C.A. 14- 58-302 hereby waives the requirement of competitive bidding and directs the Purchasing Agent to purchase the above described for the price set forth in Section 2 above. SECTIOY4- Itto further found that doe to the immediate need to acquire this fire apparatus and associated equipment an emergency is declared to exist and this ordinance being necessary for the preservation of the public health, safety, and welfare, it shall take effect from and after its passage and approval. SECTION 5_ That the Mayor is further authorized to enter into an agee tint with an app, -opriate financial institution in order m finance payment of (he fire apperams and associated equipment pursuant to Amendment 78, Section 2 of the Constitution of the State of Arkansas. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents, contracts, and agreements necessary to effectuate this Ordinance, including Exhibit "B". SECTiGN 7: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or pan of a section, or any provision or pan of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. fN WITNESS WHEREOF, the City of Van Bum Arkansas, by its City Council, did pass, approve, and adopt, by aa vote of for and against, the foregoing Ordinance at its meeting held on the',{2"kay of Febm 2010. Robert D. Freeman, Mayor A9l'E TED: gb.1j Barbie Cun!s, City Clerk/Treasurer On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE CITY CLERK TO DISPOSE OF A CERTAIN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS 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 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 2 -1 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 2 1 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE TILE CITY CLERK TO DISPOSE OF A CERTAIN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH :METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City Clerk for the City of Van Buren has an asset on its Fixed Asset Inventory list which is obsolete, and /or beyond repair, and/or is no longer cost effective. so as to no longer be needed by the City; and WHEREAS, said 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, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION I: The Mayor and City Clerk are hereby authorized to remove the following obsolete fixed asset from the Fixed Asset Inventory: Department Book Value Description oflnventory Control City Clerk 51,620.89 Lexmark T] 62 Printer CC -58 IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council. did pass, approve, and adopt, by a vote ofja for and 0 agains foregoing Resolution at its regular meeting held on the 22" day of February. 2010. 42. Robert D. Free .1. ATTESTED: Barbie Curtis, City Clerk/Treasurer On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF AND /OR REMOVE CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman added that the Intoximeter is housed at the Crawford County Sheriff's Office and was purchased by a grant in conjunction with the Van Buren Police Department for the Sheriffs office to maintain. Also, the list in Exhibit A is a list of items under the $1500.00 limit that doesn't need to be accounted for through Fixed Assets. These items are accounted for by the Police Department by other means. 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 2 -2 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. c), -_,I- 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTIIORIZE THE POLICE DEPARTMENT TO DISPOSE OF AND /OR REMOVE CERTAIN ASSETS FROM THE 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, so as to no longer be needed by the City; and WHEREAS, the City of Van Buren Police Department has on its fixed asset list numerous property that is below the SI,500 value required to be maintained as a fixed asset, as set out in Exhibit "A" attached hereto, including property maintained on other lists, that should be removed from the Fixed Asset Inventory list to improve efficiency in record keeping for 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, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION I: The Mayor and City Clerk are hereby authorized to remove the following asset from the Fixed Asset Inventory and to dispose of same by transfer to the designated governmental agency herein: Receivinv Agency Book Value Description of Inventory Control Crawford County Sheriff S 7,731.36 Intoximeter EC/IRII PD -685 SECTION 2: The Mayor and City Clerk are further hereby authorized to remove the attached list of assets (Exhibit "A which have book values of less than 51,500.00, from the City's Fixed Asset Inventory list. IN WITNESS WHEREOF, the City, of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of _0_ for and Q against foregoing Resolution at its regular monthly meeting held on the 22' day of February, 2010. Robe D7Free SLw atAli ATTESTED: Barbie Curtis, City Clerk/ Treasurer On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE FIRE DEPARTMENT TO DISPOSE OF A CERTAIN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Jerry McAdoo said these tools were purchased by donations for the extrication equipment and were needed at that time, but have since been replaced and are no longer needed. The Fire Department would like to transfer them to an entity who needs them. 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 2 -3 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 9\ R 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION 'FO AUTHORIZE THE FINE DEPARTMENT TO DISPOSE OF A CERTAIN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City of Van Buren Fire Department has an asset on its Fixed Asset Inventory list which is obsolete, and /or beyond repair, and /or is no longer cost effective_, 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. BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following fixed asset. along with the other property setfonh on exhibit "A" attached hereto, from the Fixed Asset Inventors' and to dispose of same by transfer to another governmental agency: Receiving Agency Book Value Description of Inventors° Control Natural Dam FD S 1.182.00 Honeywell hydraulic pump FD1-49 IN WITNESS WHEREOF; the City of Van Buren. Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 10 for and 0 aphis e foregoing Resolution at its regular meeting held on the 22' day of February, 2010. Robert D. Free '.r ATTESTED: Barbie Curtis, City Clerk/Treasurer On the agenda next was to consider A RESOLUTION RECOMMENDING THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF VAN BUREN AUTHORIZE THE VAN BUREN MUNICIPAL UTILITIES TO PROCEED WITH THE INSPECTION, EVALUATION AND STRUCTURAL REPAIR OF THE 3.0 MILLION GALLON PROSPECT WATER STORAGE RESERVOIR AND TO WAIVE COMPETITIVE BIDDING. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Gary Smith with the Van Buren Municipal Utilities commented that he would like to get these repairs completed before the demands of summer set in and potentially make matters worse down the road. 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 2 -4 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. i{ -2.1L A RESOL ION RECOMLMENDING THAT THE MAYOR AND CITY COUNCIL OF 1 CITY OF VAN BUREN AUTHORIZE THE VAN BUREN MUNICIPAL IJTILIIIES 0 PROCEE 1 WITH THE INSPECTION, EVALUATION AND STRUCTURAL REPAIR OF T 1 3,0 MILL ON GALLON PROSPECT WATER STORAGE RESERVOIR AND TO W COMPE 1 BIDDING WHEREA., the City has identified structural defects and failures in the 3M0 Prospect W: er Storage R =.ervoir; and WHEREA without proper and prompt repairs being made to the Reservoir, said risk failures d for defects ay render the Reservoir unstable and unsatisfactory for use; and WI it is necessary to drain the Reservoir promptly in order to further identify and evalu. to said failure and/or defects, and to make the necessary repairs, THE VAN UREN MUNICIPAL UTILTIIhS COMMISSION DOES HEREBY RECOMME I1: (1) Thatth City Council authorize the Van Buren Municipal Utilities to proceed until comp leti in with the n ssary evaluation and repairs to the Reservoir; and (2) That th C ity Council waive the requirement of competitive bidding in this particular situati.n in that said uirement is deemed not to be feasible or practical. Further, lime is of the essence: .d it is neces to proceed as soon as possible. PASSED s 10 day of February, 2010. 0 ..n.. C'J C. E. Dougan, C 'iTif TEST: Iagt N SECRETARY PASSED IS h R DAY OF i)oca ,2010. r� MAYOR /WEST 1 CITY C :RK- TREASURER 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 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 2 -5 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUT(ON NO. 5 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: 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. 4 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 February 22, 2010 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 February 22, 2010, 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. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 1p for and 0 against, the foregoing Resolution at its meeting held on the 22 day of February 2010. Robert D. Fr- yor\ ATTESTED: Actacul Barbie Curtis, City Clerk/Treasurer Next on the agenda was a request from King School to close streets on April 10, 2010 from 8:30 a.m. to 9:30 a.m. for their 5k Run. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to approve the request. The Council followed with a unanimous vote. Next on the agenda was a request from Old Town Cruisers to close Main Street from the courthouse to the depot and all side streets in- between on September 11, 2010 from 6:00 a.m. to 9:00 p.m. for their annual car show. Motion was made by Alderman Swaim and seconded by Alderman 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 Sagely to appropriate the sum of $1,302,537.36 to pay expenses and salaries for January 2010, presented by the City Clerk. The Council followed with.a unanimous vote. 2 -10 -2010 0 1 4 7 PM C I T Y O F V A N 4 0 3 8 0 1 0 PAGE: 1 TRIAL BALN000 A9 OF: 3000A80 J1$T, 2010 10 Genera. Fund MOVTN TO M'E YEAA TO GATE ACCT8 ACCOUNT NAME DEBITS CREDITS DE8IT0 CREDITS ASSETS I 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 151,513.23 325,180.38 O.* 1020.05 2009 Byrne Recovery Grant 28,043.66 30,091.01 1020.06 2009 Byrne Grant 5,392.00 2,200.00 1020.07 2007 Byrne Grant 0.00 0.00 9 3 1, 0 6 2- 4 2+ 1020.08 Cash in Bankane 2008 Storm 0.00 30,852.38 1 5 2 4 2 2 1020.09 District c*u[ Grant- Mediation 0.00 325.00 1 9 '1 0 5 4 8 2 1020.10 cash in Bank NDC 0.00 6,406.14 36-06+ 1020.11 0005 11 Bank-K058 0.00 874.28 1020.13 Cash In Bank -ACT 833 0.00 66,395.09 489-74+ 3727.14 cony. Antorta :ron -Dr acrroc 1,817.50 61,072.56 2 2 7 S 0 ii 1020.15 Cash in Bank -ACr 1314 0.00 0.00 98-43+ li 1020.16 AR Dept of Rural Services 0.00 0.00 b 6 1 2 2 88 1020.17 New Police Dept 0.00 35,000.00 1020.18 Cash in Bank PD co Tax 20,354.95 02,932.96 1 9 0 9 9 1 1 1020.19 Ca85 11 Bank FD Co Tax 20,764.19 216,820.97 1 1 0 13 5 8 6 1 1020.20 Cash In Bank Erosion control 250.00 3,750.00 1 2 7 5 5 2 1 1020.27 Cash in Bank Levee 0.00 7,094.17 1 1 1020.28 Marina Repairs 2,400.00 15,332.50 V I 1020.31 Cash in Bank Parks 5 Rec 5.00 32,722.89 1 3 0 2 5 5 3 7 3 6 4 1020.33 Cash in Bank -Yard Waste 50,000.00 50,000.00 1020.51 Cash in Bank Cemetery 15.53 11,120.71 1020.91 cash in Bank Cap Imp 71,894.51 762,663.32 1 I 1040 Investments 0.00 550,000.00 1040.10 Investments Sales Tax City 0.00 0.00 t 1040.18 Investments PD co Tax 0.00 0.00 1040.19 Investments FD co Tax 0.00 0.00 1 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks 6 Rec 0.00 0.00 I 1040.51 Snve¢toento Cemetery 0 -00 48,752.59 .1 1040.91 Investments Cap Imp 2,227.10 1,812,071.08 1050 Fixed Assets 0.00 0.00 1 1051 Accumulated Depreciation 0.00 0.00 11 1504 Due from Payroll 0.00 0.00 11 1505 Due From Other Funds 0.00 0.00 1520 Due from street Fund 0.61 2.37 'i 1540 Due From Library Fund 0.00 0.00 '4 LIABILITIES AND V0 BALANCE 11'1 FUND I 2000 Accounts Payable 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 111 2030 Colonial Life Payable 0.00 0.00 I 2035 Credit Union -First Resource 0.00 0.00 I I 2040 IAPFI Payable 0.00 0.00 2050 national Foundation Life Ins. 0.00 0.00 11111 0.00 2060 AFLAC 0.00 t 023 �ii Ikll 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. Art Sellers who is a resident of Azure Hills would like the council to consider a moving vehicle noise ordinance. Mayor Freeman said that the city has been looking at other city's versions of noise ordinances in order to solve this issue. Mayor Freeman said the bonding company was in to look at the library. We still have not received our letter in writing regarding their decision. We are pushing to get a response out of the bonding company. Alderman Donna Parker said a thank you to the Police Department for a wonderful luncheon and being able to see Donald Eversole being awarded the Officer of the Year award, as well as Sandra Carney being awarded the Employee of the Year award. 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 7:40 p.m. ATTESTED: A' I VED: CITY CLERK TREASURER MA OR