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12 December 2006 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD DECEMBER 18, 2006 The City Council of the City of Van Buren, Arkansas met at 7:00 p.ni., Monday, December 18, 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 Dr. Elliott Hays. Next Mayor Riggs led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on November 20, 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 was to consider AN ORDINANCE REPEALING ORDINANCE NO. 22 -1997 AND ORDINANCE NO. 21 -2001 AND ESTABLISHING MONTHLY RATES FOR MANDATORY RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR 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 notion was seconded by Alderman Sagely. 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 Clerk then read the Ordinance for 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 Parker 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 for passage. Motion was made by Alderman Swaim and seconded by Alderman Parker, that the emergency clause be adopted. The Mayor declared the motion carried by a unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed sane in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 12 -2006 ORDINANCE 12 -2006 SECTION 1: The monthly i rate to be charged for ;each single family resi- dential unit as defined in 'Ordinance No. 1992 -25 shall be Eleven Dollars ORDINANCE NO. and Seventy -five cents 12 -2006 ($11.75). The effective REPEALING ORDI- ,date of these charges NANCE NO. 22 -1997 shall be January 1, 2007. AND ORDINANCE N0. These charges shall cover I 121.2001 AND ESTAB- at a minimum, once a I LISHING MONTHLY week residential solid RATES FOR MANDA- waste collection )exclud- 1 TORY RESIDENTIAL ing removal of yard waste SOLID WASTE COLLEC- .materials), twice monthly I TION SERVICE FOR THE 'curbside recycling collet ,CITY OF VAN BUREN, tion, and the operation of ARKANSAS. I a recycle drop -off center. WHEREAS, The City of Van SECTION 2: The billing and I Buren has implemented a collection for single fam- I mandatory residential ily residential solid waste solid waste management collection shall be per system and recycling pro i formed by the Van Buren gram pursuant to Ordi- Municipal Utilities accord nance No. 1992 -25; and, ing to its customary bill- WHEREAS, it is the duty of ing and collection proce- the City Council of the dures and in accordance City of Van Buren to ap- with the Agreement be- ,prove rates, charges or tween the waste collet ,contractual fees to be Lion service providers and charged by residential the Van Buren Municipal j solid waste disposal Utilities'Commission. firms; and SECTION=3 :The Muhicipal WHEREAS, the cost of Utilities'shaB deduct the residential solid waste sum of $1.47 for each cus- ;collection within the City tomer for whom a collet- of Van Buren, Arkansas, tion was made. The re- j has increased since the mainder of charges col- :same were established by lected shall be remitted to Ordinance No. 22 -1997 the collection contractor and which was subse- in accordance with the I quently amended by Ordi- Agreement between the nance No. 21 -2001; and Commission and' the said WHEREAS, the Van Buren service provider. Municipal Utilities Com- SECTION 4: That if any mission. acting as agent Section or part of this Or- Ifor the City, has recom- dinance shall be held in- 1 mended a schedule of valid or unconstitutional it fees and charges for op- shall not effect the re- eration of the residential maining Sections thereof solid waste management and the Sections and program. parts of said Ordinance NOW, THEREFORE, BE IT shall be treated severally. ORDAINED BY THE CITY SECTION 5: That due to COUNCIL OF THE CITY OF need to maintain and VAN BUREN, ARKANSAS, enforce an comprehen- that Ordinance No. sive City wide residential 22 -1997 and Ordinance solid waste management i No. 21 -2001 are hereby re- system and recycling pro pealed. Further, the City gram, this Ordinance be- Council hereby estab- 'ing necessary for the fishes the following rates I preservation of public and charges for the resi- peace, health, and safety dential solid waste collet- ,shall be in full force and Ition service for the City of effect from January 1, IVan Buren, Arkansas, as 2007 ,herein set forth_ PASSED AND APPROVED this 18th day of Decem- ber, 2006. John Riggs, Mayor I Attest: Barbie Curtis City Clerk. Published in the Decem- her 23, 2006 issue of the Press Argus- Courier. On the agenda next was to consider AN ORDINANCE SETTING THE SALARIES OF THE MAYOR, CITY ATTORNEY, CITY CLERK TREASURER AND DISTRICT JUDGE. 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 Aldennan Swaim, Parker, Moore, Dodd, Spoon and Sagely. The Mayor declared the motion calTied as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Aldennan 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 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 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 Aldennan Swaim and seconded by Alderman Moore to adopt the Ordinance. 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 for passage. Motion was made by Alderman Swaim and seconded by Aldennan Moore, that the emergency clause be adopted. The Mayor declared the motion calTied by a unanimous vote of the Council. 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 13 -2006 NOWT THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT begin- s CITY OF VAN BUREN ning on the 1st day of ARKANSAS January 2007, the salary A ORDINANCE SAS of the Mayor, City Attor- 13C6 ney, City Clerk- Treasurer, and District Judge shall be AN ORDINANCE SET as follows: TING THE SALARIES OF MAYOR THE MAYOR, CITY AT- $58,199.00 TORNEY, CITY CITY ATTORNEY CLERK TREASURER $55,370.00 AND DISTRICTJUDGE. CITY CLERK TREAS. WHEREAS, The City $39,537.00 Council desires to grant a DISTRICT JUDGE 3% cost of living increase $51,909.00 i for the Mayor, City Attor- THAT said salaries shall ney, City Clerk- Treasurer, be paid in semi monthly and District Judge which payments with exception would be reflected on the of the District Judge who city payroll for January 15, is paid in monthly pay 2007. ments. PASSED AND AP- PROVED THIS 18TH DAY OF DECEMBER, 2006. MAYOR JOHN RIGGS ATTESTED: BARBIE CURTIS CITY CLERK- TREAS- URER Published in the Decem- ber 23, 2006 issue of the Press Argus- Courier. On the agenda next was to consider AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT ENTERED INTO WITH SOUTHWEST EMS, INC. AND APPROVING AND RATIFYING THE AGREEMENT. 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 Sagely. 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. Aldennan Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Spoon. 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 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 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 for passage. Motion was made by Alderman Swaim and seconded by Aldennan Parker, that the emergency clause be adopted. The Mayor declared the motion carried by a unanimous vote of the Council. 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 14 -2006 ORDINANCENO. 14-2006 NOW, THEREFORE, BE IT AN ORDINANCE AUTHOR- ORDAINED AND ENACTED IZING AN AMENDMENT TO BY THE CITY COUNCIL OF THE CONTRACT ENTERED THE CITY OF VAN BUREN, INTO WITH SOUTHWEST ARKANSAS: EMS, INC. AND APPROV- SECTION 1: That the City ING AND RATIFYING THE Council hereby approves 'SECTION 3: EmeFgency AGREEMENT. amendment to the and Effective Date. Thi WHEREAS, The Council original contract previ- ordinance being neces- approved entering into an ously approved and sary to ensure continued exclusive franchise with authorizes and ratifies the emergency and Southwest EMS, Inc., pur- c execution of the modified non- emergency medical, suant to Ordinance No. contract attached hereto care to citizens of this 8 -2006, and authorized the 'by the Mayor and South- city, this ordinance is nec execution of a contract to 'west EMS. Inc. and makes essary to protect the pub effect the purposes of the it a part of this Ordinance lic health, safety and wel -I ordinance; and as though it were set out fare, and therefore, shall WHEREAS, Section 1 of word for word herein. be in full force and effect said contract provided SECTION 2: Severability. with the passage of same. that "non- emergency' In the event any title, sec- -THIS ORDINANCE AP service operating at the tion, subsection, subdivi- PROVED THIS 18th DAY OF time of the execution of sion, paragraph, subpara- DECEMBER, 2006. this agreement shall not graph, item, sentence, l APPROVED: be excluded from continu- clause, phrase, or word 'John Riggs, Mayor ing to operate under the of this ordinance or the ATTEST: terms of this agreement;" contract made a part I earbie Curtis, and 'hereof is declared or ad- City Clerk/Treasurer i WHEREAS, Southwest judged to be invalid or un- Published in the Dec. 23 EMS, Inc. objects to this constitutional, such decla- 12006 edition of the Press particular provision be- ration or adjudication Argus- Courier. cause it in effect nullifies shall not affect the re- the exclusivity of the maining portions of the agreement; and ordinance which shall re- i WHEREAS. A'new.contFact main in full force and ef- has been prepared with- fect as if the portion so out the objectionable declared or adjudged in- clause and has been exe- ,valid or unconstitutional cuted by the .President of was not originally a part Southwest EMS, Inc. and of the ordinance. the Mayor. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND AMENDING THE ZONING MAP OF 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 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 Spoon. 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 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 Sagely to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Aycs- 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 for passage. THE ORDINANCE WAS GIVEN THE NUMBER 15 -2006 North 62 degrees 16 min- utes 31 seconds East, 'WHEREAS,NOtice'of Pub- COMMENCING at the 237.48 feet; THENCE North IicrHearing,has been pub, Southwest Corner of the 46 degrees 54 minutes 40 fished as required by law;. Southwest Quarter (SW seconds East, 53.34 'feet; and 1/4) of the Northeast THENCE North 48 degrees WHEREAS, The public ORDINANCE NO. 15 -2006 Quarter (NE 1/4); THENCE 19 minutes 03 seconds Hearing has been held as ORDINANCE TO North 01 degrees 53 min- East, 59.72 feet; THENCE required by law; and .AN ORDI AMEND ORDINANCE N TO utes 09 seconds East, North 39 degrees 04 min- I WHEREAS, The Planning AMEN 636.01 feet along the West utes 51 seconds East, I Commission recom I 1 REZONING FOR THE T PURPOSE CERTAIN EPO O S line of said Southwest 202.30 feet; THENCE North I mended said zone Quarter (SW 1/4) of the '40 degrees 30 minutes 09 ,change. PROPERTY IN THE CITY OF Northeast Quarter (NE seconds East, 202.73 feet; NOW, THEREFORE, BE IT VAN BUREN, ARKANSAS 1/4); THENCE South 88 de- 'THENCE South 61 degrees, ORDAINED BY THE CITY AND AMENDING THE ZON- grees 06 minutes 51 sec- 45 minutes 41 seconds COUNCIL OF THE CITY OF ING MAP OF THE CITYOF onds East, 28.72 feet to a East, 53.36 feet; THENCE VAN BUREN, ARKANSAS: VAN BUREN, ARKANSAS. found concrete South 66 degrees 17 'min- SECTION I: THAT the WHEREAS: Charles Pal- right -of -way marker on utes 58 seconds East, above described property mer and Woody Nelson the Easterly right -of -way 827.64 feet; THENCE South is hereby rezoned from have submitted a Petition of Lee Creek Road; 43 degrees 39 minutes 36 C -2 to R -3 and the Van Bu- to rezone the following THENCE North 02 degrees. property located on Rena T HENCE West, e gees rem Zoning reflect this Road west of Lee Creek, East, ,239.46; Map is P 08 minutes 10 ,THENCE ;THENCE South 40 43 seconds amended to THENCE '25 minutes sonds rezoning. from C -2 to R -3: North 23 degrees 27 min- West, 175.31 feet; THENCE PASSED AND APPROVED Being a Part of the North- utes 15 seconds East, South 55 :degrees 29 min- THIS 18TH DAY OF DE- east Quarter (NE 1/4) of 61.37 feet; THENCE North 09 seconds West, CEMBER, 2006. Section 15, Township 9 60 degrees 07 minutes 20 310.98 feet; THENCE South John Ri ggs, North, Range 321West of seconds East, 208.54 feet 73 degrees 30 minutes 04 Mayor the Fifth Principal Merid- to the POINT OF BEGIN- seconds West, 168.42 feet; ATTESTED: ran of Crawford County, NING; THENCE North 60 ;THENCE North 57 degrees Barbie Curtis Arkansas, more p rticu- degrees 07 minutes 20 '29 minutes 39 seconds City Clerk/ Treasurer larly described as follows:_ seconds East, 30.01 feet; West, 801.05 feet to the Published in the THENCE North 58 degrees !POINT OF BEGINNING. 12 -23 -2006 edition of the 32 minutes 00 seconds Contained within said Press Argus- Courier. East, 150.00 feet; THENCE abounds, 17.97 acres, more _or less. L„..,.. _I— On the agenda next was to consider A RESOLUTION PROVIDING INCENTIVE PAY TO FIREFIGHTERS FOR EMT CERTIFICATION. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swain) seconded by Alderman Dodd moved that the Resolution by 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 12 -1 -2006 CITY OF VAN IIUREN, ARKANSAS RESOLUTION NO. la_ 1 -2006 A RESOLUTION PROVIDING INCENTIVE PAY TO FIREFIGHTERS FOR EMT CERTIFICATION. WIIEREAS, The Council believes having EMT certified first responders on the scene of medical emergencies promotes the safety and welfare of the citizens of this community; and WHEREAS, The Council recently approved an exclusive franchise with an ambulance service in the City of Van Buren; and WHEREAS, Pursuant to said agreement the ambulance service provider has agreed to pay the City of Van Buren $50.00 per month for each EMT certified fireman. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF VAN BU12EN, ARKANSAS: SECTION 1: That each Arkansas EMT certified firefighter shall receive incentive pay of $50.00 per month. SECTIONS: The new incentive program shall go into effect January' 1, 2007. PASSED AND APPROVED THIS 1 0 O DAY OF DECEMBER, 2006. MAY dOIIN f GS ATTESTED: CITY CLERK/MEASURER On the agenda next was to consider A RESOLUTION DESIGNATING A PROJECT ADMINISTRATOR FOR ACEDP GRANT. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swains 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, 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 12 -2 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. a- a aa.00 t/ WHEREAS, the City of Van Buren, Arkansas has been awarded an Arkansas Community and Economic Development Program (ACEDP) Grant; and WHEREAS, the City of Van Buren, Arkansas recognizes the need for assistance in administering the ACEDP grant in compliance with the Arkansas Department of Economic Development's regulations and Federal, State, and Local laws; WHEREAS, the City of Van Buren has a long- standing relationship with the Westem Arkansas Planning and Development District and feels confident that it will administer the above referenced project competently; THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to de the Western Arkansas Planning and Development District, Inc., as the project administrator for the ACEDP grant, subject to Arkansas Department of Economic Development Approval, and enter into a contract for ACEDP Administrative Services with such agency for project administrative services. RESOLVED THIS 8 day of �W M�-+e/v 2006. APPROVED: r of Van arn ATTEST: eta_.__ ._J. City Clerk/Treasurer On the agenda next was to consider A RESOLUTION ACCEPTING BIDS FOR PROPERTY SOLD BY SEALED BID. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Moore 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 12 -3 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1e2 -75 -2006 A RESOLUTION ACCEPTING BIDS FOR PROPERTY SOLD BY SEALED BID. WHEREAS, The Council previously approved certain vehicles to be removed from fixed assets and to be sold by sealed bid; and WHEREAS, I3ids have been received and opened as advertised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION l: THAT the Council accepts the bids of the following persons on the following vehicles: 1998 FORD CROWN VICTORIA SEDAN VIN 2 FAFP7W5WX142118 465.00 JIM D. BRASUELL 2000 FORD CROWN VICTORIA SEDAN VIN# 2FAFP71 W IYX136948 685.00 GLEN BRASUELL 2001 FORD CROWN VICTORIA SEDAN VIN# 2FAFP71 W 1 1X158454 765.00 GLEN BRASUELL 2000 FORD CROWN VICTORIA SEDAN VIN# 2FAFP7I W3YX136949 501.00 JIM D. BRASUELL 1993 CHEVROLET PICKUP VIN# 1 GCDCI4KOPZ195811 1,435.00 JAMES YOUNG 2000 FORD CROWN VICTORIA SEDAN VIN# 2FAFP7 1 WXYX136950 901.00 PAT BRASUELL 1998 FORD CROWN VICTORIA SEDAN VIN# 2FAFP7I W3WX142120 519.00 GLEN BRASUELL 1996 FORD CROWN VICTORIA SEDAN VIN# 2FALP71 WOTX125645 501.00 WAYNE EDWARDS 1998 FORD CROWN VICTORIA SEDAN VIN# 2FAFP7I W7WX142119 398.00 NORMA BRASUEL PASSED AND APPROVED THIS I g DAY OF DECEMBER, 2006. MAY HN RIG ATTESTED: n CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION ABROGATING AN AGREEMENT WITH ARCHITECTURE PLUS, INC. AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MAHG FOR ARCHITECTURAL SERVICES FOR THE VAN BUREN PUBLIC LIBRARY. 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, 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 seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 12 -4 -2006 CITY OF VAN BUREN, ARK ANSAS RESOLUTION NO. a-4 -2006 A RESOLUTION ABROGATING AN AGREEMENT WITII ARCHITECTURE PLUS, INC. AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MAHG FOR ARCHITECTURAL SERVICES FOR THE VAN BUREN PUBLIC LIBRARY. WIIEREAS, The City Council originally authorized the Mayor to enter into an agreement with Architecture Plus, Inc. for architectural services for the new library; and WHEREAS, The arrangement between the City and Architecture Plus, Inc. was not mutually satisfactory to the parties and the agreement should be terminated; and WHEREAS, Architecture Plus, Inc. agrees to the termination of the agreement and WHEREAS, The Architectural Services Selection Committee appointed by the Mayor recommends that MAHG should be hired to replace Architecture Plus, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the City Council hereby approves the abrogation of the agreement with Architecture Plus, Inc. and authorizes the Mayor to execute any documents necessary to effectuate the termination. SECTION 2: THAT the City Clerkrl'reasurer is authorized and directed to pay Architecture Plus, Inc. the balance due for its services to date of $7,790.90. SECTION 3: THAT the Mayor is authorized to enter into a contract with MAHG to provide architectural services for the planning and design of the new Van Buren Public Library. Payment for such services and reimbursable expenses shall not exceed 7% of the cost of the project. pp PASSED AND APPROVED THIS I b DAY OF DECEMBER, 2006. ATTESTED: 461a. MAYOI )IIN RIG P CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT PROPERTY DONATED TO THE CITY OF VAN BUREN FOR THE LIBRARY, AND AUTHORIZING THE MAYOR TO PURCHASE CERTAIN PROPERTY FOR THE LIBRARY. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Parker seconded by Alderman Swaim moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and 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. Alderman Parker spoke and wanted to clarify that Deyco, Inc. was owned by the Yeagers. 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 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 a- 5 -2006 A RESOLUTION AUTHORIZING THE MAYOR 'FO ACCEPT PROPERTY DONATED TO TIIE CITY OF VAN BUREN FOR THE LIBRARY, AND AUTHORIZING TIIE MAYOR TO PURCHASE CERTAIN PROPERTY FOR THE LIBRARY. WHEREAS, Deyco, Inc. previously donated property to the City of Van Buren for the construction of the new library; and WHEREAS, Property adjacent to the property previously donated and owned by Deyco, Inc. is available to be utilized for the new library, and WHEREAS, Deyco, Inc. desires to donate an additional lot to the City and to sell the remaining adjacent lots to the City, and WHEREAS, Lot 10, the lot Deyco, Inc. desires to donate to the City, has been appraised and is valued at approximately $41,000.00, and Lots 1, 2 3, 11 and 12 have also been appraised and are valued at $304,000.00, and WHEREAS, Deyco, Inc. is willing to sell Lots 1, 2, 3, 11 and 12 to the City for the sum and amount of $276,000.00, subject to the existing lease on the property which expires November 30, 2007, and WHEREAS, The acceptance of the donated lot and purchase of the remainder of the lots would provide for future expansion of the library and it would be in the best interests of the citizens of the City of Van Buren for the City Council to accept the donated lot and purchase the remaining lots from Deyco, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BIIREN, ARKANSAS: SECTION l: THAT the City Council hereby accepts the grant of property described as Lot 10, Block 25, McGee Addition to the City of Van Buren, Arkansas. SECTION 2: THAT the Mayor is hereby authorized to purchase property and the City Clerk/Treasurer is authorized to pay for the property described as Lots 1, 2, 3, 11 and 12, Block 25, McGee Addition to the City of Van Buren, for a price not to exceed 5276,000.00 plus any necessary and reasonable closing costs, and to execute any and all documents necessary to effectuate the transfer. SECTION 3: THAT any and all rental income from the lease of said property shall be used for library purposes only. PASSED AND APPROVED THIS 1 D DAY OF DECEMBER, 2006. MAYO OHN GS ATTESTED: CITY CLERIC/TREASURER On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Dodd spoke and wanted to clarify that all employees would get a 3% raise. Mayor Riggs agreed. 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, 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 12 -6 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1?.- Iv -2006 A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the 2007 Proposed Expenditures of $12,165,575.00 (Twelve Million, One Hundred Sixty -Five Thousand, Five Hundred Seventy -Five Dollars) 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. n PASSED AND APPROVED THIS 1 0 DAY OF ('e mLPA 2006. MAYOR °a ATTESTED: CITY CLERK TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING SIGNATURE CARD CHANGES. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Aldennan Moore 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 12 -7 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. l -2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 1. THAT it is necessary to authorize signatures of individuals authorized to draw vouchers on funds deposited in various banks by the City of Van Buren, Arkansas. Effective January 1, 2007, the said bank or banks are hereby authorized to pay out funds on deposit with them from time to time to be credited to the City of Van Buren, Arkansas, upon vouchers drawn upon said banks and signed by it's Mayor, Bob Freeman, and counter signed by it's City Clerk- Treasurer, Barbie Curtis, Administrative Assistant, Vivian Mitchell, or the Deputy City Clerk, Connie Hyatt. 2. THAT it is also necessary tooauthorize entry into Safety Deposit Box'or Boxes now leased by the City of Van Buren, Arkansas, or leased by them in the future. Effective January 1, 2007, the said bank or banks are authorized to allow into Safety Deposit Box or Boxes now in the name of the City of Van Buren, Arkansas, by the Mayor, Bob Freeman, or the City Clerk- Treasurer, Barbie Curtis or Administrative Assistant, Vivian Mitchell, or Deputy City Clerk, Connie Hyatt, or by any one of them. 3. THAT THE Mayor, Bob Freeman, the City Clerk- Treasurer, Barbie Curtis, the Administrative Assistant, Vivian Mitchell, and Deputy City Clerk, Connie Hyatt, are authorized and directed to sign signature cards with each of the banks to carry out the purpose of this Resolution. 4. THAT the City Clerk- Treasurer is directed to furnish a copy of this Resolution under the seal of the City of Van Buren, Arkansas, to each of the banks with which the City has or will have Depository arrangements and /or Safety Deposit Boxes. PASSED AND APPROVED THIS 18TH DAY OF DECEMBER 2006 Dtry. ATTESTED: CITY CLERK TREASURER On the agenda next was Boards and Commissions. Mayor Riggs received a request from Verna Moore, Chairman of Fairview Cemetery Board to extend C.C. Mulloy's membership that expires December 31, 2006. The Board recommends to the City Council the extension of Mr. Mulloy's appointment for another terns. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Spoon made a motion to accept the recommendation. The Council followed with a unanimous vote. Next, the City Recreation Commission requested that the Council consider the following recommendations: Approve Susan McCartt to serve another 5 -year term and approve John Riggs to replace Henry Holton who chose not to be reappointed. 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 the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Sagely to appropriate the sum of $1,085,638.72 to pay expenses and salaries for November 2006, presented by the City Clerk. The Council followed with a unanimous vote. V A i TRIAL BALANCE Bx PAGE: 1 IS OP: NOTLE4BEA 10TEL 2006 ACCT. ATCD„ ton HAKE /40NT11 TO B YEAR 70 BATE [Irons C1SOITS „PITS CREDITS I 039070 0000 p ctY Ca.n li 1020 Caah in Bank 0,00 200.00 30]0.10 Cash In 9.714 Salev Tax Cf [y 0,967.90 150,409,66 1020.17 xev Po15ce 0,00 Mpc 0.00 30]O.1B Cach 171 Hank 20 o Taz 9,096.98 35,000.00 1020.19 Cash in Bank ID Co Tax 31 06, 99,996.07 1020.20 Cash 0o an4- 000zion Control 200.00 145.729.41 I 10]0.3) Caah In Bank Levee 0 °,450.00 1020.11 Cash in Bank parks 6 se 4,844_17 0° 1010.51 Cash in Bank Ceme eeY 1.00 12'16 20,508.60 1020.91 Cash in Bank Cap tap 1 4.015.47 �I 1060 00000tments 34,430,11 1 4 62,995.15 0 t 1,271,6 1 1060,10 Investments sales „A CS[Y 0 106,215,52 1 0 4 0 1 6 Investments PO Co Tax 0.00 0.00 8 0 4 13 3 2 8 i. m6o.0 l vemmen[.- 0000742 0,6 0- 1, 575.65♦ 1060. 0.00 10.0.31 I000 612< to 01114 Bee 0,0 0,00 9 5, 7 4 9 8 7 4 it 1 0 4 0 ry 3 9 9 0 0 0 2 1. 6 2 1 1 0 9 I� 01671.91 mneetm.,m6 cap Inp 40,217.49 7 4 4 8 5 3 mm.]capita]08 o 771,307.20 16567.384 'I. 1050 Fines 000204 0 0 0 0.00 1 5 3 5 4 9 1 1 1051 Accumulated Depreciation 0,00 007 1504 Due fans ',non] 0,00 050 we prat otner Fnna. 0.00 1 0 8 5 6 3 8 2 a i I yf 1920 Due fr., 2n street 9d o, 00 0.00 0,35 I� iL0 use Erse L.b ry Tana O,'0 899,03 1, 0,0o 1. I4121LInu MD FUND BALANCE 1 2000 Accounts 3010 rtunlnlpal Ines rile 0.00 0.00 D.06 2000 Colonial Life Payable P 0.00 2015 Credit Union -rlret Re0O,rce 0.00 204 00200 Payable 0.00 0.00 z050 xatfon30 rowmtlnn 6600 Ina. 0.O0 0 0 i 2060 arIAC °0 35.28 3090 ewaa,eo aple 0,00 0.00 xe. 77tH Lim ma 0,00 0 2.rm1e 0,00 2100 Life Ins. of Georgia Payable 0.00 x110 Cyznlalnen[s p.y.b1e 0.00 2115 Allen Trust 65023556/0 1,371 -83 2140 United nay Payable 0 -00 0.00 2150 Parks t ]:60 Pre 2104 LC9a1 Ser,icev 0.00 0.00 ]50.00 20]0 T.0,P. 0,00 0.00 0° 317 S.S. Police Benevolent Assoc 0,00 0.00 656.19 2175 van Buren rare ghter' union 0.00 :II Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Next was time for miscellaneous and general discussion. Plaque's were presented to City Attorney Candice Settle and Alderman Rick Spoon by Mayor Riggs. Special recognition was given to Mayor Riggs for his tenure as Mayor by the Council. State Representative Rick Green, along with State Senator Ruth Whittaker (who wasn't able to be present) presented plaque's to Mayor Riggs from the State of Arkansas. There being no further business, motion was made by Alderman Swaim and seconded by Alderman Parker to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: APPROVED: CITY CLERK TREASURER MAYOR