06 June 2006 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD JUNE 19, 2006
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, June 19, 2006 at City Hall.
The meeting was called to order by Mayor Riggs. On roll call the following Council members answered as
their names were called: Alderman Swaim, Parker, Spoon, Dodd and Sagely. Alderman David Moore was not
present. City Attorney Candice Settle and City Clerk Barbie Curtis were also present. This made a total of eight
(8) present. A quorum was declared.
The invocation was given by Darrell Shook of Keathly Patterson and Heritage United Methodist Church.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on May 15, 2006 and
the Special Called Meeting on June 8, 2006. Alderman Swaim made a motion to approve the minutes.
Alderman Dodd seconded the motion. On roll call the following Council members voted aye: Alderman
Swaim, Parker, Spoon, Dodd and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE
ABANDONMENT OF A STREET RIGHT -OF -WAY IN THE CITY OF VAN BUREN, ARKANSAS.
The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. The question was put by
Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman
Swaim, Parker, Spoon, Dodd and Sagely. And the following voted nay: 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 6 -2 -2006
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 6-a. -2006
A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF A
STREET RIGIIT -OF -WAY IN TIIE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, Allen Canning Company has petitioned the City Council of Van Buren, to
vacate and abandon that portion of Mary Allen Street lying between South
11 and South 13 Streets, in Blocks C, D, E and F in the Meyers
Addition to the City of Van Buren, Arkansas.
WHEREAS, The Petitioners own all the property surrounding the street right of way
described above and
WHEREAS, The street right of way is no longer needed for corporate purposes of the
City; and
WIIEREAS, The Cily Council of Van Buren, Arkansas, acting under the authority of
Arkansas Code Annotated, Section 14 -54- 104(2) has the authority to
vacate streets.
NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: That a Public Hearing is set for July 17, 2006 at 7:00 P.M., at which time
said Petition shall be presented to the City Council and the Council will
determine at that time whether such property is needed for corporate
purposes.
SECTION 2: That the City Clerk of Van Buren, Arkansas is hereby directed to give
notice by publication once a week for two weeks in some newspaper
published in Crawford County advising the property owners affected that
on said date and time the Council will hear said Petition.
PASSED AND APPROVED THIS 1 y I)AY OF JUNE, 2006.
MAYOR JI RIC
ATTESTED:
th&
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE
ABANDONMENT OF A STREET RIGHT -OF -WAY IN THE CITY OF VAN BUREN, ARKANSAS.
The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put
by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman
Swaim, Parker, Spoon, Dodd and Sagely. And the following voted nay: 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 LIVEN THE NUMBER 6- 3- 2006
CITY OF VAN BUREN', ARKANSAS
RESOLUTION NO. -3 -2006
A RESOLUTION SETTING A PUBLIC HEARING FOR 'TIIE ABANDONMENT OF A
STREET RICIIT-OF -WAY IN TIIE CITY OF VAN BUREN, ARKANSAS.
WIIEREAS, Citizens Rank Trust Co. and J.R. Young as Trustee of the J.R. Young
Revocable Trust ult/d 3111199 have petitioned the City Council of Van
Buren, to vacate and abandon a street right -of-way described as follows:
Pan of the Northwest Quarter of the Southwest Quarter and part of the
South fluff of the Northwest Quarter of Section 20, Township 9 North,
Range 31 West, Crawford County, Arkansas being more particularly
described as follows_ Commencing at an existing rebar marking the
Southeast Comer of the Southeast Quarter of the Northwest Quarter.
Thence along the South line of said Forty, North 89 degrees 40 minutes 29
seconds West, 558.78 feet. Thence leaving said South line South 00
degrees 32 minutes 05 seconds East, 32 08 feet to the South right of way
line of Old Alma Road. Thence along said right of way line the following
bearings and distances: North 89 degrees 54 minutes 04 seconds West,
136.29 feet to an existing rebar. North 89 degrees 45 minutes 31 seconds
West, 299.93 feet to an existing nail. North 87 degrees 50 minutes 40
seconds West, 183.20 fret. North 88 degrees 46 minutes 24 seconds West,
184.29 feet to an existing p/k nail and the Point of Beginning. Thence
continue along said right of way line, North 88 degrees 46 minutes 24
seconds West, 231.67 feel to an existing rebar on We Southerly right of
way line of US Highway 64 -71. Thence along said right of way line the
following bearings and distances: North 50 degrees 05 minutes 09
seconds Fast 31.98 feel. North 50 degrees 30 minutes 16 seconds East,
44.39 feet to the North right of way line of Old Alma Road. 'thence along
said right of way line, South 88 degrees 46 minutes 24 seconds East,
232.03 feet Thence leaving said right of way inc T, South 50 degrees 30
minutes 28 seconds West, 76.65 feet to the Point of Beginning containing
11,597.72 square feel and subject to any Easements of Record.
WIIEREAS, The Petitioners own all the property surrounding the street right of way
described above; and
WHEREAS, The City Council of Van Buren, Arkansas, acting under the authority of
Arkansas Code Annotated, Section 14- 301 -301 has the authority to
abandon streets and alleys.
NOW, THEREFORE, BE IT RESOLVED BY IIIE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: That a Public I leaning is set for July 17. 2006 at 7:00 P.M., at which time
said Petition shall be presented to the City Council and the Council will
determine at That time whether such property should be abandoned as a
street right of way and that all abutting property owners and other persons
directly interested have consented to such abandonment.
SECTION 2: That the City Clerk of Van Duren, Arkansas 0 hereby directed to give
notice by publication once a week for two weeks in some newspaper
published in Crawford County advising the property owners affected that
on said date and time the Council will hear said Petition.
PASSED AND APPROVED TIIIS 1g DAY OF JUNE, 20006.
MAY 4, OIIN CS
An
CITY CLF.ER K[TREASURER
On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF POINTER
TRAIL MEADOWS WITHIN THE FIVE MILE PLANNING JURISDICTION OF THE CITY OF VAN
BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any
discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be
adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the
following voted aye: Alderman Swaim, Parker, Spoon, Dodd and Sagely. And the following voted nay: 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 6 -4 -2006
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 4 -2006
A RESOLUTION APPROVING FINAL PLAT OF POINTER 'TRAIL MEADOWS
WITHIN THE FIVE MILE PLANNING JURISDICTION OF THE CITY OF VAN
BUREN, ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
SECTION 1: THAT subject to the assurances provided in the Sub Division
Regulations being executed to assure that all improvements are put
in and that all requirements of the Planning Commission are met,
Pointer Trail Meadows within the live mile planning jurisdiction of
the City of Van Buren, Arkansas, is approved.
SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan
and the City Clerk is authorized and directed to attest same upon
the filing of the assuritics mentioned above.
PASSED AND APPROVED THIS O DAY OF JUNE, 2006.
1
MAY *fl JOHN GS
ATTESTED:
U1'Z59.,
CITY CLERK/TREASURER
On the agenda nest was to consider a RESOLUTION ACCEPTING THE BID FOR THE INSURANCE
AND AUTHORIZING THE MAYOR TO CONTRACT WITH THE ARKANSAS MUNICIPAL
LEAGUE FOR PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Riggs
asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved
that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the
roll being called, the following voted aye: Alderman Swaim, Parker, Spoon, Dodd, and Sagely. And the
following voted nay: 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 6 -5 -2006
CITY (W VAN BUREN, ARKANSAS
RESOLUTION NO. ^S 2006
A RESOLUTION ACCEPTING THE BID FOR INSURANCE AND
AUTHORIZING TIIE MAYOR TO CONTRACT WITH TIIE ARKANSAS
MUNICIPAL LEAGUE FOR PROPERTY INSURANCE.
WHEREAS, The Mayor has advertised for bids of property insurance; and
WHEREAS, Bids have been received and opened as advertised; and
WHEREAS, The only bid received was in the amount of $9,392.20 from the
Arkansas Municipal League.
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE
CITY OF VAN BUREN, ARKANSAS.
TIIAT, The bid of the Arkansas Municipal League is reasonable and is
hereby accepted. The Mayor is authorized to contract with the
Arkansas Municipal League for property insurance in the
amount of $9,392.20.
PASSED AND APPROVED THIS 19111 DAY OF JUNE, 2006. /nn
MAYOR JOHN GS
ATTESTED:
411.1 1-Li
11. Ct L a)
CITY CLERK TREASURER
On the agenda next was to consider a RESOLUTION APPROVING AN AGREEMENT WITH
CLOVERLEAF PLAZA. The City Clerk read the Resolution in its entirety. Mayor Riggs asked if there was
any discussion. There was none. Alderman Swains seconded by Alderman Sagely moved that the Resolution
be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the
following voted aye: Alderman Swain, Parker, Spoon, Dodd, and Sagely. And the following voted nay: 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 6 -6 -2006
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. b -2006
A RESOLUTION APPROVING AN AGREEMENT WITH CLOVERLEAF PLAZA.
WIIEREAS, That the City of Van Buren has been in negotiations with Cloverleaf Plaza, LLC
regarding the expenditure of funds pursuant to Resolution No. 1 -6 -2006, which
stated the City's commitment to expend up to $250,000.00 in the area of
Cloverleaf Plaza for infrastructure improvements to support the location of a new
business in the former Walmart building; and
WHEREAS, The City of Van Buren and Cloverleaf Plaza, LLC have determined that the best
use of the committed funds will be for the construction, reconstruction and
renovation of a public parking lot adjacent to the former Walmart building; and
WIIEREAS, The property upon which the public parking lot will be constructed is currently
owned in fee by Cloverleaf Plaza, LLC and in order to implement the proposed
project, Cloverleaf Plaza, LLC must transfer an easement on the property to the
City; and
WIIEREAS, In order to effectuate the granting of an easement and construction of the
improvements, the City of Van Buren and Cloverleaf Plaza, LLC have proposed
a written agreement and Deed of Easement stating the responsibilities and
obligations of each party; and
WIIEREAS, The Council approved a proposed agreement and Deed of Easement pursuant to
Resolution No. 6 -1 -2006; and
WHEREAS, That Cloverleaf Plaza, LLC has proposed some changes to the original agreement
and Deed of Easement which the Council finds reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF VAN
BUREN, ARKANSAS:
SECTION L: That the City Council approves the revised agreement between the parties and
hereby authorizes and directs the Mayor to execute said agreement. The City
Council further accepts the property interests transferred to the City by the Deed
of Easement.
PASSED AND APPROVED THIS I1 D AY OF JUNE, 2006.
2
MAYOR JOAN I. GCS i'
ATT STED:
-EAU Lc‘ LUn�w-H
CITY CLERK/TREASURER
On the agenda next was to consider AN ORDINANCE LEVYING A TAX FOR THE CITY
GENERAL MUNICIPAL PURPOSES FOR THE YEAR 20(16 AND FOR THE PUBLIC LIBRARY.
The City Clerk read the Ordinance in its entirety. Alderman Parker moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Alderman Swaim. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Spoon, Dodd, and Sagely. The
Mayor declared the notion carried as there were live (5) ayes and (0) nays. Four (4) votes being necessary for
passage. The Ordinance was read the second time.
Alderman Parker moved that the rules be further suspended and the Ordinance placed on the third and
final reading. The motion was seconded by Alderman Swaim. On the Clerk's calling the roll, the following
vote resulted: Ayes Alderman Swaim, Parker, Spoon, Dodd, and Sagely. The Mayor declared the motion
carried as there were five (5) 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 Parker
and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Spoon, Dodd, and Sagely. The Mayor declared the motion carried
as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared
the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk.
Motion was made by Alderman Parker and seconded by Alderman Swaim, that the emergency clause he
adopted. The Mayor declared the motion carried by a unanimous vote of the Council.
THE ORDINANCE WAS GIVEN THE NUMBER 5 -2006
SECTION L13i,:. A; ed
Copy roP"'this Ordinance
shall be filed in the office
of the County Clerk of
Crawford County, Arkan-
CITY OF VAN BUREN, AR- ill in order that the Quo
SECTION 2: 1 The rate of all rum Court of Crawford
KANSAS
ORDINANCE N0.5 -2006 real and personal prop- County, Arkansas, may in-
AN •ORDINANCE LEVYING erty in the City of Van Bu- elude the same in the gen-
A TAX FOR THE CITY GIN- ren, Arkansas for the year eral levy of the year 2006
ARAL MUNICIPAL GEN- of 2006, for the mainte- and cause the Same to be
nance of a City Public Li- I extended upon the tax
POSES FOR THE YEAR brary, under the authority books and collected as re-
2006 AND FOR THE PUBLIC 1 of a vote of the people of
LIBRARY. the City of Van Buren, Ar- quired Sby ECTION law.
BE IT ORDAINED BY THE kansas, and the City Gen- nance b 4: This Ord
CITY COUNCIL OF THE nance being immediately
CITY OF VAN BUREN, AR- 7th Elections April, on the necessary to pay y expenses s of
KANSAS, THAT: mill) day of Aprl, i 1 day of rue i pay ern of
SECTION 1: The rate of all November, abe the 8th day of the City of Van Government Buren, Ar-
be a ndr, 1994, (.4 a the City on Van Buren, Ar-
real and personal prop- be, and the s1 is pr providing for necessary i
erty in Van Buren, Arkan-
sas, for the year 2006, for hereby affixed at 1.4 mills atevipi for ton imm the
e
on e the dollar of the as- ate preservation health, of tnd
general municipal per sessed valuation of all public peace, health, and
poses under the authority real and personal prop- safety, an emergency is
of Section 4, Article XII, of erty subject to taxation in declared to exist and this
the Constitution of 1874, the City of Van Buren, Ar- Ordinance shall be, take
of the State of Arkansas, kansas. for the year 2006, effect and be in force af-
be, and the same is for the library mainte- ter its passage and publi-
hereby affixed at 2 mills nance purposes, subject cation.
on the dollar of the as- to the provision of Act No. PASSED AND APPROVED
sessed valuation of all 848 of 1981; the same be- THIS 19TH DAY OF JUNE,
real property subject to ing "adjustment or roll
taxation in the City of Van back of tax rates dente MAYOR
Buren, Arkansas, for the Al it0HNjRI
increase in aggregate
year 2006, for general mu-
nicipal purposes. valuation taxable prop CARBIE E cu R
arty CITY 1TY CLERK-TREASURER
Published in the June 24.
2006 issue of the Press Ar-
gus- Courier.
Next on the agenda was a request by the 2006 Celebrity Classic Cycling Criterium to close streets on
Saturday, September 30` and Sunday, October I 2006. Alderman Swaim seconded by Alderman Spoon made
a motion to grant their request. The Council followed with a unanimous vote.
Next on the agenda was time for Boards and Commissions. The Planning Commission recommended
Andrew Dibble Frank Newman and Lyn Brown for another term as Commissioners for the Planning
Commission for the City of Van Buren. The Planning Commission also recommended John Symonds to step in
and fill the vacant spot on the Commission created by the resignation of Mike Burgess. The positions on the
Planning Commission will run until June 30, 2007. Alderman Swaim seconded by Alderman Spoon made a
motion to accept the recommendation of the Planning Commission. The Council followed with a unanimous
vote.
Next on the agenda was a request by the Parks and Recreation Commission to re- appoint Brandy
Mosby to a 5 -year term. Alderman Parker seconded by Alderman Swaim made a motion to grant the request.
The Council followed with a unanimous vote.
Next on the agenda was a request by the Van Buren Historic District Committee recommending Jody
Rhoads for a term as a Commissioner for the Historic District Committee. Alderman Swaim seconded by
Alderman Dodd made a motion to grant the request. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was by Alderman Swaim seconded by
Alderman Parker to appropriate the sum of $1,208,092.83 to pay expenses and salaries for May 2006, presented
by the City Clerk Treasurer. The Council followed with a unanimous vote.
6 -08 -2006 0 3 3 2 PM C I T Y 0 9 V A N B U R E N PAGE: 1
TRIAL BALANCE
AS OF: MAY 31ST, 2006
10 General Fund
MONTH TO DATE YEAR TO DATE
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS T
ASSETS
0•A
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 21,934.27 231,213.45 762,192.52+
1020.10 Cash in Bank Sales Tax City 0.00 0.00 J p 7 5 6 5
1020.17.Nev Police Dept 0.00 35,000.00
1020.18 Cash in Bank PD Co Tax 30,836.98 102,551.65 1 2 p 0 8 6 3 7 3
1020.19 Cash in Bank FD Co Tax 22,289.88 124,051.94 6,968.23+
1020:20 Cash In Bank Erosion Control 475.00 6,325.00 3 t /1 5 5 8 2
1020.27 Cash in Bank Levee 0,00 3,394.17
956-88+
1020.31 Cash in Bank Parks 6 Rec 4,630.57 19,930.61
1020.51 Cash in Bank Cemetery 34.14 8,911.57 r1
1020.91 Cash in Bank. Cap Imp 114,448.61 1,034,476.02 1 2 O 8 1 0 9 2 8 3
1040 Investments 300,000.00 300,000.00
1040.10 Investments Sales Tax City 0.00
1040.18 Investments 1'D Co Tax 0.00 0.00 1
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks 6 Red 0.00 0.00
1040.51 Investments Cemetery 0.00 48,588.93
1040.91 Investments Cap Imp 0.00 770,241.04
1040.92 Capital Improvement CD 0.00 0.00
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due Fran Other Funds 0.00 0.00
1520 Due from Street Fund 0.00 0.25
1540 Due Fras Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
'2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union -First Resource 0.00 0.00
2040 WPFI Payable 0.00 0.00
2050 National Foundation Life Ins. 0.00 35.20
1
2080 Conoco Payable 0.00 0.00
2090 Nev York Life Ins. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
O
2130 Garnishments Payable 1,270.33 0.00
2135 R. Allen Trust 8502355610 0.00 0.00
2140 United Nay Payable 0.00 0.00
2150 Parks a Rec. F.O.D. 0.00 250.09
2160 Pre -Paid Legal Services 0.00 0.00
2170 F.O.P. 0.00 0.00
2175 Van Buren Fire Fighters Union 575.39 0.00
2176 Van Buren Firemen Contribution 0.00 0.00
2177 Police Officers Union 330.00 0.00
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for tiling.
Next was time for miscellaneous and general discussion. There was none.
Alderman Swaim seconded by Alderman Spoon made a motion to adjourn. The Council followed with a
unanimous vote. The meeting adjourned at 7:27 p.m.
ATTESTED: APPROVED:
CITY CLERK TREASURER MAYOR