07 July 2006 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD JULY 17, 2006
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, July 17, 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, Moore, Spoon, Dodd and Sagely. City Attorney Candice
Settle and City Clerk Barbie Curtis were also present. This made a total of nine (9) present. A quorum was
declared.
The invocation was given by Attorney Paul Gant.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on June 19, 2006.
Alderman Swaim 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, Spoon, Dodd and Sagely. The
following voted nay: none
On the agenda next, Mayor Riggs opened a Public Hearing for discussion on the Abandonment of a Street
Right of Way and asked if there was anyone who wished to be heard on the matter. Attorney Candice Settle
said that City Engineer, Brad Baldwin had asked her to be sure to mention that J.R. Young needed to deed over
2 small pieces of easement that would be needed when a street is built there. Attorney Paul Gant spoke and said
that the easement had to do with the future extension of what they had asked for. The original agreement that
was between the Gunn's and the Wal -Mart property allowed Wal -Mart and Citizens Bank to use the parking lot
everyday. To his knowledge, there was nothing affecting what they had asked for at this time. Attorney Settle
was under the understanding that the City was going to abandon the right of way that it had, but at the same
time, receive in exchange that small portion of property, a really small corner. She asked Mr. Young if that was
his understanding. He said that if and whenever they agree to build the street, he would agree to take care of it.
She said that she felt that Mr. Young would deal fairly with the city. He responded that the street is going to
have to he addressed at a later date. The Mayor then asked if there was any other discussion on this. There was
none. He closed the Public Hearing.
On the agenda next was to consider AN ORDINANCE VACATING AND ABANDONING A STREET
RIGHT OF WAY IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Ordinance in part.
Interrupted by Mayor Riggs, he asked if there are no objections, do we have a motion to suspend the rules and
go to the second reading. Motion was made by Alderman Swaim and seconded by Alderman Moore. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon,
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 Ordinance was read 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 Moore. On the Clerk's calling the roll, the following vote resulted: Ayes Aldennan Swaim,
Parker, Moore, Dodd, Spoon, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and
(0) nays. Four (4) votes being necessary tbr 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, Dodd, Spoon, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary tbr passage.
THE ORDINANCE WAS GIVEN THE NUMBER 6 -2006
ORDINANCE NUMBER 6 -2006
CITY OF VAN BUREN
ARKANSAS
ORDINANCE NO. 6-2006
AN ORDINANCE VACAT-
ING AND ABANDONING A
STREET RIGHT OF WAY IN
THE•CITY OF VAN BUREN,
ARKANSAS.
WHEREAS, A Petition was
duly filed with the City. WHEREAS, After clue no-
Council to vacate and tice as required by law,
abandon the following de- the Council has at i the
scribed street right of i time and place made no-
way: tice, heard all persons de-
Part of the Northwest siring to be heard on the
Quarter of the' Southwest question and has ascer-
Quarter and part of the tained that the right of
South Half of the North- way hereinabove desig-
west Quarter of Section nated has therefore been
20, Township 9 North, dedicated to the public
Range 31 West, Crawford use as a street and that
County, Arkansas being the same has riot been ac-
more particularly de- tually used by the public
1 scribed as follows. Com- generally for a period of
mencing at an existing re- more than five (5) years
I bar marking the South- preceding this date; that
east Corner of the South- the owners of the prop
east Quarter of the North- erty abutting such street
1 west Quarter. -Thence to be vacated have filed'
along the South 'line of with the Council or have
said Forty, North 89 de- expressed their consent
Om 40 minutes 29 sec- to such abandonment and
onds West, 558.78 feet. the public interest and
Thence leaving said South welfare are not adversely
line South 00 degrees 32 affected by abandonment
minutes 05 seconds East, of said street;
32.08 feet to the South NOW, THEREFORE, BE IT
right of way line of Old ORDAINED BY THE CITY
Alma Road. Thence along COUNCIL OF THE CITY OF
said right of way line the VAN BUREN, ARKANSAS:
following bearings and SECTION 1: That the City
distances: North 89 de- of Van Buren, Arkansas,
grees 54 minutes 04 sec-
l hereby releases, vacates
onds West, 136.29 feet to and abandons all its
an existing rebar. North rights, together with the
89 degrees 45 minutes 31 rights of the public gener-
seconds West, 299.93 feet ally, in and to all of the
to an existing nail. North above- described property
87 degrees 50 minutes 40 in to the City of Van Bu-
seconds West, 183.20 feet. ren; Arkansas.
North 88 degrees 46 min- SECTION 2: That a copy
utes 24 seconds West, of this Ordinance bearing
184.29 feet to an existing original signatures and
p/k nail and the Point of duly certified by the City
Beginning. Thence- con- Clerk shall be filed in the
tinue along said right of Miscellaneous Records of
way "line, North 88 de- the Circuit ■Clerk of Craw
grees 46 minutes 24 sec- ford County, Arkansas.
onds West, 231.67 feet to PASSED AND APPROVED
an existing rebar on the THIS 1TTH DAY OF JULY,
Southerly right of way line 2006.
of US Highway 64 -71. MAYOR JOHN RIGGS
Thence along said right of ATTESTED:
way line the following BARBIE CURTIS
bearings and distances: CITY CLERK/TREASURER
North 50 degrees 05 min- Published in the July 22,
utes 09 seconds East 31.98 2006 issue of the Press'Ar
feet. North 50 degrees 30 gus- Courier
minutes 16 seconds East,
44.39 feet to the North
right, of way line of Old
Alma Thence along
said right of way line,
South 88 degrees 46 min-
utes 24 seconds East,
232.03 feet. Thence leav-
ing said right of way line,
South 50 degrees 30 min-
utes 28 seconds West,
76.65 feet to the Point of
Beginning containing
11,597.72 square feet and
subject to any Easement
of Record;
On the agenda next, Mayor Riggs opened a Public Hearing for discussion on the Abandonment of a Street
Right of Way and asked if there was anyone who wished to be heard on the matter.
Chris Hemple of 506 So. 12" Street spoke first. He doesn't want Mary Allen Street closed because they
use it. He has out of town company with RV's that use that street. Next to speak was Lawrence Hemple of 504
So. 12 Street. lie wants more money before he sells and has to move. He said his house is almost paid for,
can't afford to move, and that he's on a fixed income. He said if the street is made to be a dead -end street, he
won't have any place to turn his trailer and his boat around. Mr. James Phillips, Vice President of Allen
Canning, of Siloam Springs, spoke saying how they are not trying to inconvenience anyone and they are trying
to get a situation where they can get in and out of their facility a little more effectively and continue to meet
some of the requirements that the Federal Government is putting on them for food safety and their ability to
secure the facility. The facility has been growing quite a bit, adding new jobs to the Van Buren plant. He asked
for any questions. Alderman Swaim asked if the street was closed, was there any way to screen the salvage area
(11 St. and 13' St.) with Chain link fence with panels to screen it from view. Mr. Phillips responded, saying,
hopefully, they are moving that stuff completely away from there. We have been in such a growth stand point
that we can't hardly build the facility fast enough and have a lot of spare equipment there. I have talked with
another Vice President from Siloam Springs, about how they could move all that out of there to Sand Prairie.
Allen Canning has been making an attempt to clean all that up and their intent is to move it out of there. The
Mayor responded that had been one of his concerns too. Mr. Phillips responded that FDA had been out about
30 days ago. They are trying to secure the facility in order for food safety. This is the primary reason and for
traffic flow in the long run. The Mayor asked about running trucks out thru 1 t Street up to Wood Street. The
intent of Allen Canning Company is to do that over the long run. The Mayor said they have signalization
coming in. There will he street improvements on Wood Street and the intersection of 5 on the overpass that
will take a lot of traffic from 13 °i Street. Mr. Phillips agreed saying that their intent was for that to look like a
food plant. Alderman Swaim asked if there would be any chance of being a turn around on South 12 without
it interfering with the operations of Allen Canning. Mr. Phillips said he wasn't sure the Flood Way would let
them. He would have to check. They had tried to do things before. He couldn't make a commitment at that time
without going thru the process of checking City Ordinance's and with what they could do with the City. He
doesn't want to cause any problems for anyone. The Mayor responded that the City would look at helping
figure out a turn around, maybe like a Cul -de -sac. He then asked if there was any further discussion. There was
none. He closed the Public Hearing and asked the Clerk to read the Ordinance. 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 Moore. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, 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 Ordinance was
read 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 Moore. On the Clerk's calling the roll, the following
Votes resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, 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 than put the question, "Shall the Ordinance pass Motion was made by Alderman Parker
and seconded by Alderman Swain to adopt the Ordinance. On the Clerk's calling the roll, the following vote
Resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, 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 duly passed and signed same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 7 -2006
ORDINANCE NUMBER 7 -2006
CITY OF VAN BUREN
ARKANSAS
ORDINANCE NO. 7-2006
AN ORDINANCE VACAT-
ING AND ABANDONING A
STREET RIGHT OF WAY IN
THE CITY OF VAN BUREN,
ARKANSAS.
WHEREAS,' A Petition was
duly filed with the City
Council, to vacate and
abandon that portion of
Mary Allen Street lying
between South llth and
South 13th Streets, in
Blocks C, D, E, and F in the
Meyers Addition to the
City of Van Buren, Arkan-
sas; and
WHEREAS, After due no-
tice by publication, the
Council has at the time
and place made notice,
heard all persons desiring
to be.heard on the ques-
tion and has ascertained
that the street hereina-
bove designated is no
longer needed for corpo-
rate purposes of the city
and the public interest
and welfare are not ad-
versely affected by aban-
donment of said street;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF'THE CITY OF
VAN BUREN, ARKANSAS:
I SECTION 1: That the City
of Van Buren, Arkansas,
hereby releases, vacates
and abandons all its
rights, together with the
rights of the public gener-
a ally, in and to that portion
of Mary Allen Street lying
between South llth and w
South 13th Streets, in
1 Blocks C, D, E and F in the
Meyers Addition to the
City of Van Buren, Arkan-
sas.
SECTION 2: That a copy of
I the Ordinance bearing
original signatures and
duly certified by the City
Clerk shall be filed in the
Miscellaneous Records of
the Circuit Clerk of Craw-
ford County, Arkansas.
PASSED AND APPROVED
THIS 17TH DAY OF JULY,
2006.
MAYOR JOHN RIGGS
ATTESTED:
BARBIE CURTIS
CITY CLERIC/TREASURER
Published in the July 22,
2006 issue of the Press Ar-
gus- Courier.
On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO
ADVERTISE FOR BIDS FOR TWO DUMP TRUCKS FOR THE STREET DEPARTMENT.The Clerk
read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman
Swaim seconded by Alderman Spoon 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, Moore, 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 7 -1 -2006
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. `l- 1 -2006
A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS
FOR TWO DUMP TRUCKS FOR THE STREET DEPARTMENT.
WHEREAS, The City is in need of two dump trucks for use by the Street
Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION l: The Mayor is authorized to advertise for bids for two dump trucks
for the Street Department.
PASSED AND APPROVED THIS 1l I)AY OF JULY, 2006.
MAYOR RkG
ATTESTED: r
CITY CLERK/TREASURER
Next on the agenda was time for Boards and Commissions. The Van Buren Library Board recommended
Zane Moore to serve another 5 -year term. The Mayor asked if there was any discussion. There was none.
Alderman Parker seconded by Alderman Swaim made a motion to accept the recommendation. The Council
followed with a unanimous vote.
Next on the agenda was a recommendation from the Van Buren Levee District Board that Lewis Ballard,
Drew Deffenbaugh and Nathan Teague be appointed to serve on the Board. Alderman Moore seconded by
Alderman Dodd made a motion to accept the recommendations. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by
Alderman Sagely to appropriate the sum of 51,133,056.64 to pay expenses and salaries for June 2006, presented
by the City -Clerk Treasurer. The Council followed with a unanimous vote.
7-10-2006 1 0 2 0 Am C I T Y O F VAN 0 9 0 0 1 0 PAGE:
TRIAL DAL/100
IS OF: JUNE >02H, 2006
10 -General P,vul
MONTH TO DATE YEAR 'fp DATC
ACCT0 ACCOUNT 46024E DEBITS CREDITS DE =SITS
BITS STS
ASSETS
1000 Petty Cash 0.00
200.00
1020 Cash in Dane 27.639.0 ]s 3
0.7
1020.10 casn an Bank sal ea Tax tier 0.00 0.70 0 a
1020 -17 New Police Dept 0.00 35,000.00
1020,19 Cash an Bank PO Co Tam 43,720.62 58,731,03 9 6 6
1020.19 Cash in Bank FD Co Tao 12,568.39 51,463.60 2 1 2 3 3
3020.20 cash In Dank- Erosion Control 300.00 6,625.00 1 5 7 5 6 5
1020.27 cash m wank Le.ea
600.00 7 9 4 1 7 1 0 8, 4 9 1. 0 8+
1020.31 Cash i„ Bank Parks 6 Rec 4.274.25 24,204.06 5 5 9 1 8i
3+
1020.51 Cash in Bank Ceme Ce[Y 399.42 9,360,99 2 f IJ 59 5 5 3+
1037.93 Cash in Dank Cap Imp 104,793.53 1,120,369.55 0 0 5
1040 Investments 1,245.95 301,245.95
1040.10 1ns.estmtn sales Tax city 0 0 0 0.00 1 6 1 3 3, 0 5 6. 6 4 1
1040.18 Investments PO Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0,00 0.00
1640.32 Investments Levee
0.00
0.00
1040.31 Investments Parks 4 Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 40,593,07
1040.91 Investments Cap I¢p 0.00 770,241.04
1040.92 Capital Improvement ED 0.00
7.00
3750 Fixed Assets 0.00
0 00 0.00
1051 Accumulated
Depreciation 0.00
1504 Due from Payroll 0.00 0.00
1505 Doe From Other Funds 0.00 0.00
1520 Due from Street Lund 0.00 0.25
1540 Due From Library Fund 0,00 0.00 ry
1166111T100 AND FUND 002160500
2000 Accounts Payable 0,00 0,00
2030 Municipal Health Ins. Payable 0,00 0.00
2030 Colonial 11fe Payable 0,00 0.00
2035 Credit Onion -First Resource 0.00 0.00
2040 LOPFI Payable 0.00 10 0.00 I
2050 National Foundation Life Ins. 0.00 35.20
2080 0009900 Payable 0.00 0.70 ii
2090 New York Fife Ins. Payable 0.90 0,00
2100 Life ins, of Georgia Payable 0.00 0,00
2130 Garnishments Payable 0.00 0.00 II
2135 2_ Allen Trust 0502355610 0.00 0
2140 United hay Payable 0.00 0.00 II
2150 Parks 6 Rec. F.O.D. 0.00 250,07
2160 Pre -Para Legal Ber`-ices 0.00 0 00 S
mo F.G.P. 0.00 0.00
2175 San Buren Fire Fighters Union 0.00 0.00
2136 Van Buren Firemen Contribution 0.00 000
2111 Police Officers Union 0.00 0.00 I�'I
1
ft
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
Next was time for miscellaneous and general discussion. City Attorney Candice Settle brought up that we
needed to have a Public Hearing on the Ambulance Contract at next months regular Council Meeting and we
will consider an ordinance at that time. She said we needed that to reflect in the minutes as a motion.
Alderman Swaim seconded by Alderman Moore made a motion to set a Public Hearing for the August 21
2006 Council Meeting. The Council followed with a unanimous vote. The City -Clerk Treasurer was instructed
to publish the Public Hearing.
Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The Council followed with a
unanimous vote. The meeting adjourned at 7:25 p.m.
ATTESTED: APPROVED:
CITY CLERK TREASURER MAYOR