01 January 2005 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD JANUARY 24, 2005
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, January 24, 2005 at City Hall.
The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following members answered
as their names were called: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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. Merle Dickerson, Superintendent of Van Buren Public Schools.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on December 20, 2004.
Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call the
following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The following
voted nay: none.
On the agenda next was to consider A RESOLUTION ADOPTING A REVISED BUDGET FOR THE
YEAR ENDING DECEMBER 31, 2004. The Clerk read the Resolution in its entirety. The Mayor 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, Moore, Dodd, Spoon and Barker. 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 1 -1 -2005
CITY OF VAN BUREN, ARKANSAS THAT, Current year's expenditures from the Capital
Improvements Fund in the amount of $1,279,589.01 (One Million,
RESOLUTION NO. 1 1 2005 Two Hundred Seventy -Nine Thousand, Five Hundred Eighty -Nine
Dollars and One Cent) are approved as follows: (Administration
$144,347.52; Police Department $54,419.00; Fire Department
A RESOLUTION ADOPTING A REVISED BUDGET FOR THE $26,220.88; Street Fund $791,890.57; Water Sewer
YEAR ENDING DECEMBER 31, 2004. $240,000.00; Parks Recreation $17,828.17; King Opera
House $4,882.87; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS: THAT, Current year's expenditures from Civil Small Claims
Fund in the amount of $6,000.00 (Six Thousand Dollars) are
THAT, 2004 Current year's revenues of $12,322,016.14 approved; and
(Twelve Million, Three Hundred Twenty -Two Thousand, Sixteen
Dollars and Fourteen Cents) are appropriated and a copy of said THAT, Current year's expenditures from the King Opera
Budget is attached hereto and made a part hereof; House Fund in the amount of $22,997.31 (Twenty -Two Thousand,
Nine Hundred Ninety -Seven Dollars and Thirty -One Cents) are
THAT, 2004 Current year's expenditures of $11,908,060.68 approved.
(Eleven Million, Nine Hundred Eight Thousand, Sixty Dollars and
Sixty -Eight Cents) including expenditures from prior year's 1�
balances are appropriated and a copy of said Budget is attached PASSED AND APPROVED THIS „�1 DAY OF JANUARY, 2005.
hereto and made a part hereof; and
THAT, Transfers from General Fund to King Opera House j
Fund in the amount of $12,900.00 (Twelve Thousand, Nine YOR( J
Hundred Dollars) are approved; and iMMM
THAT, Transfers from General Fund to Sidewalk Fund in
the amount of $24,952.83 (Twenty -Four Thousand, Nine Hundred ATTESTED:
Fifty -Two Dollars and Eighty -Three Cents) are approved; and
THAT, Current year's expenditures from the LOPFI Fund in 1,��
the amount of $206,954.57 (Two Hundred Six Thousand, Nine
Hundred Fifty -Four Dollars and Fifty -Seven Cents) are approved; CITY CLERK TREASURER
and
On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
AN AGREEMENT TO PURCHASE LIGHTING. The Clerk read the Resolution in its entirety. The Mayor
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, Moore, Dodd, Spoon and Barker. 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 1 -2 -2005
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. a- -2005
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
TO PURCHASE LIGHTING.
WHEREAS, The Mayor has advertised for bids for lighting for the Field of Dreams;
and
WHEREAS, Keathley- Patterson Electric submitted the only bid in the amount of
$32,175.93;
NOW, THEREFORE,`BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: The Mayor is authorized to contract with Keathley- Patterson Electric for
lighting at the Field of Dreams in an amount not to exceed $32,175.93.
PASSED AND APPROVED THIS oc DAY OF JANUARY, 2005.
i
MAYO Ih OHN RIG OP
ATTESTED:
lJ
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
FILE A DECLARATORY JUDGEMENT ACTION. The Clerk read the Resolution in its entirety. The Mayor
asked if there was any discussion. Alderman Dodd asked to have a time limit of one (1) year to make a decision
on the issue. City Attorney Candice Settle said they could probably get an initial setting in thirty (30) days.
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, Dodd, Spoon and Barker. 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 1 -3 -2005
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -3 -2005
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A
DECLARATORY JUDGMENT ACTION.
WHEREAS, The City of Van Buren, Arkansas, pursuant to Ordinance No. 26-
1978, provides paid insurance premiums for elected officials with
ten years of service to the City upon retirement; and
WHEREAS, The Arkansas legislature, in 1995, passed A.C.A. Section 24 -12-
129, which provides that elected officials and employees must pay
their own insurance premiums upon retirement; and
WHEREAS, The Arkansas Municipal League has given the opinion that the
City of Van Buren was "grandfathered" into the 1995 statute since
there was no state law regarding this issue at the time the 1978
ordinance was passed; and
WHEREAS, The Attorney General recently declared that any payments by the
City of Van Buren made for insurance premiums for officials who
retired after 1995 are violative of A.C.A. Section 24 -12 -129; and
WHEREAS, It is in the best interests of the citizens of Van Buren to have this
issue definitively resolved in a court of law through a declaratory
judgment action
NOW, IIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: The City Attorney is hereby authorized to proceed with the filing
of a declaratory judgment action requesting the Court to clarify the
obligations of the City of Van Buren under Ordinance No. 26-
1978.
PASSED AND APPROVED THIS 2 OF JANUA.RRRY,,, 2005.
MAYOR al RIGG
ATTESTED:
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF
A FLYED ASSET BY TRADE. The Clerk read the Resolution in its entirety. The Mayor asked if there was any
discussion. There was none. Alderman Swaim seconded by Aldennan 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, Dodd, Spoon and Barker. 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 1 2005
CITY OF VAN BUREN, A KANSAS
RESOLUTION NO. 'T -2005
A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF A FIXED ASSET BY
TRADE.
WHEREAS, The City Engineer has a HP Designjet 800 Plotter, Model C7780B,
which he desires to trade in for a new scanner /plotter; and
WHEREAS, It is financially expedient to trade said plotter towards a newer model.
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to remove the following asset from
the Fixed Asset Inventory:
Department Amount Description Control
Engineer $6,041.96 HP Designjet 800 Plotter EG -05
PASSED AND APPROVED THIS S4 OF JANUARY, 2005.
MAYOR nN RIGGS
ATTESTED:
Yom!?
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE
VEHICLE UNDER THE STATE CONTRACT. The Clerk read the Resolution in its entirety. The Mayor
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 Swains, Parker, Moore, Dodd, Spoon and Barker. 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 1 -5 -2005
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5 -2005
A RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE VEHICLE UNDER
THE STATE CONTRACT.
WHEREAS, Under authority of A.C.A. 19 -11 -201, and following, and Resolution 2 -2-
1993, the City of Van Buren, Arkansas is authorized to purchase certain
equipment including cars, under state procurement contracts and that such
purchases are exempted from the requirements of competitive bidding;
NOW, IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: The Mayor is authorized to enter into a purchasing agreement for one (1)
2005 Chevrolet Pickup for the price of $12.028.68
under the state procurement contract subject to Resolution 2 -2 -1993.
PASSED AND APPROVED THIS 044 DAY OF JANUARY, 2005.
ikr MAYOR J I`, 1 RIGG
ATTESTED:
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM ESTABLISHED BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY FOR ALL EMERGENCY RESPONSE BY ALL DEPARTMENTS AND
AGENCIES OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety.
The Mayor 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, Moore, Dodd, Spoon and Barker. 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 1 -6 -2005
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. (O -2005
A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY FOR ALL EMERGENCY RESPONSE BY ALL DEPARTMENTS AND
AGENCIES OF THE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, The City of Van Buren has heretofore utilized Incident Command Systems
for response to all emergencies; and
WHEREAS, The United States Department of Homeland Security has adopted the
National Incident Management System and all federal emergency funding
and grants are conditioned upon adoption of such system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: The City of Van Buren adopts the National Incident Management System
established by the United States Department of Homeland Security for all
emergency responses by all departments and agencies of the City of Van
Buren, Arkansas.
A
PASSED AND APPROVED TH1Sd DAY OF JANUARY, 2005.
MAYO9J
ATTE ^STED: CLULtli
CITY CLERK/IREASURER
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 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 Spoon. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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 Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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.
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 Barker. The Mayor declared the motion carried as there
were six (6) ayes and (0) nays. 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 1 -2005
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On the agenda next was to consider an ORDINANCE AMENDING ORDINANCE NO. 16 -2004,
DECLARING AN EMERGENCY, AND FOR OTHER MATTERS. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be.placed on its second reading.
The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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 Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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.
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 Barker. 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 Spoon, that the emergency clause be
adopted. On the Clerk's calling the roll the following vote resulted: Ayes: Alderman Swaim, Parker, Moore,
Dodd, Spoon and Barker. The Mayor declared the motion carried as there were six (6) ayes and (0) nay. 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 2 -2005
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Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by
Alderman Moore to appropriate the sum of $915,942.38 to pay expenses and salaries for December 2004,
presented by the City Clerk Treasurer. The Council followed with a unanimous vote.
1 -19 •PM, 8 0 3 7 1 9 3 7 C 1 T y O F V A N a U R F N PAGE: 1
I .213. +07+ TRIAL BALANCE
8 6. 4 33 5 8•
AS OF: DECEMBER 31sT, 2004
4.163.I5•
10 General Fund I 2.609 I'9
13.362 65. XORIH m DATE YEAR To DATE i
ACCr4 4.231 .39,1' DEBITS CREDITS DEBITS CREDITS
007
ASSETS 91 5;.942 -30••
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 79,940.47 301,356.96
1020.10 Cash in Bank Sales Tax City 0.00 0.00
1020.18 Cash in Bank PO Co Tax 15,531.85 60,562.69
1020.19 Cash in Bank FD Cu Tax 17,589.31 79,327.90
1020.27 earn in Bank levee 0.00
1020.31 Cash in Bank Parks 6 Res 120.00 71,207.62
1020.51 Cash in Bank Cemetery 59.00 2,004.24
1020.91 Cash in Bank Cap Imp 33,052.19 153,724.17
1040 Investments 0.00 0.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00,
1040.31 Investments Parka a Rec 0.00 0.00
1040.51 Investments Cemetery 2.54 48,532.51
1040.91 Investments Cap Imp 0.00 911,309.61
1040.92 Capital Improvement CD 0.00 0.00
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Pee fr0'a Payroll 0.00 0.00
1505 Due From Other Funds 0 0.00
1520 Due from street Fund 0.00 0.00
1540 Due From Library Fond 0.00 0.00
LIABILITIES AHO FUND BALANCE
2000 Accounts Payable 0 0.00
2010 Municipal Health ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Onion -First Resource 0.00 0.00
2040 IAPFS Payable 0.00 0.00
2050 National Foundation Lifc Ins. 0.00 35.28
2080 COnse00 Payable 0.00 0.00
2090 New York Life Ins. Payable 0.00 0.00
2100 Life Ina. of Georgia Payable 0.00
2130 Garnishments Payable 0.00 0.00
2135 R. Allen Trust 0502355610 0.00 0.00
2140 united Way Payable 0.00 0.00
2150 Parks Y Rec. F.O.D. 5.00 175.00
2160 Pre -Pala Legal Services 0.00 0.00
2170 F.O.P. 0.00 0.00
2175 van Buren Fire Fighters Union 0.00 0. 0.00
2176 Van Buren Firemen Coneriuulfon 0.00 0.00
2177 police Officers Union 0.00 0.00
2200 Wage Payable 0.00 0.00
2210 Federal InCOme Tax R/B 0.00 24.12
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
There being no further business Alderman Swaim seconded by Alderman Spoon made a motion to adjoum. The
Council followed with a unanimous vote. The meeting adjourned at 7:30p.m.
APPROVED:
ATTESTED:
1 MAYO
CITY CLERK- TREASURER