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11 November 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING NOVEMBER 15, 2010 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, November 15, 2010 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. City Clerk- Treasurer Barbie Curtis was present. City Attorney Donald Jenkins was absent. This made a total of eight (8) present. A quorum was declared. The invocation was given by Father Timothy Donnelly of Saint Michael's Catholic Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on October 18, 2010. Alderman Swaim made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call, the following Council members voted aye: Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN POLICE DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman clarified that this is a state police grant and is at no cost to the city. Alderman Moore asked why the award amount was 34,097.00 but we were only spending 28,652.00. Chief Bell replied that they will be purchasing a piece of recording equipment to be used by narcotics. Alderman Moore asked if we were restricted on what we spend it on, such as if we have to buy a vehicle with it or if it could be used for other police purchases. Chief Bell replied that a vehicle purchase is required. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -1 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO.11 1 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN POLICE DEPARTMENT, THROUGH THE STA'T'E PURCHASE CONTRACT; AND FOR OTHER 1'URPOSES. WHEREAS, the City of Van Buren is in need of a certain police vehicle, for the safety of life and protection of property by the City of Van Buren Police Department; and WHEREAS, the City of Van Buren, utilizing funds awarded from the Arkansas State Police Special State Assets Forfeiture Fund Grant SSAF007, desires to purchase (1) 2011 Ford Expedition Sport Utility Vehicle, for the price of S28,652.00, fully equipped, as set forth in attachment "A" hereto; and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicle though the state purchase contract, pursuant to ARK. CODE. ANN. 19 -11- 249, and the City has decided that it is in its best interest to purchase the above listed vehicle via the 2010 Arkansas State Contract, Award No. SP -10 -0001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Police Department of the City of Van Buren, Arkansas is in immediate need of the vehicle set forth above. SECTION 2: Said vehicle is to be purchased via the 2010 Arkansas State Contract, Award No. SP- 10-0001, from Landers Ford, for the total sum of $28,652.00. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents, contracts, and agreements necessary to effectuate this action. IN WITNESS WHEREOF, the City of Van Buren Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (Q for and 0 against, the foregoing Resolution at its meeting held on the 15th day of November 2010. a ATTESTED: Robe D. Free Barbie Curtis City Clerk/Treasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR THE AUTHORITY TO SECURE THE RIGHT OF WAY NEEDED FOR THE RECONSTRUCTION OF RENA ROAD IN THE CITY OF VAN BUREN FROM HIGHWAY 59 TO THE WEST FOR APPROXIMATELY 1.1 MILES. The Clerk read the Resolution. in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said Dale White with Calmo has been working with the requisitions for the last five to six months on the 53 pieces of property. Those 53 pieces of property have been approved by the highway department and have come back to us. The city has hired Phil Bagby as an attorney for review of all paper work and for any other issues that may come up. Crawford County Abstract will be reviewing all the property aspects. The city has not made any offers yet for any properties. We will wait and do that all at the same time. Alderman Sagely asked if the seven properties that were over will be brought back. Mayor Freeman replied that all 53 pieces will be done at the same time. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -2 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 2010 BE If ENACTED BY' 11-113 CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOULTION AUTHORIZING THE MAYOR THE AUTHORITY TO SECURE THE RIGHT OF WAY NEEDED FOR THE RECONSTRUCTION OF RENA ROAD IN TILE CITY OF VAN BUREN FROM HIGHWAY 59 TO THE WEST FOR APPROXIMATELY 1.1 MILES. WHEREAS, The Arkansas State Highway and Transportation Department has agreed to considered for consw Jb wy. W (Rena Road) (V) (S); and WHEREAS, A condition of etion the o conside rati is that 59— the Gi p must secure ili e B nee right of uay; and WHEREAS, The City will be required do expend money for the right of way to individual property owners, for appraisal services, for acquisition services and the Crawford County, Arkansas Circuit Clerks office. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS; THAT: SECTION 1: Payments required for the right of way needed for lob 040345, Hwy. 59 -West (Rena Road) (Van Buren) (S), is hereby authorized to the Mayor. It is recognized, understood and agreed that this will include any expense required in securing the right of way as shown on the right of way plans for AHTD Job 040345. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and e against, the foregoing Resolution at its Regular Meeting held on the 14" day of November 2010. PL Robert D. P, "TP Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer On the agenda next was to consider A RESOLUTION APPROVING A ONE HUNDRED DOLLAR ($100.00) CHRISTMAS BONUS TO ALL FULL -TIME, NON- ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Ragsdale seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -3 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING A ONE HUNDRED DOLLAR (S100.00) CHRISTMAS BONUS TO ALL FULL -TIME, NON- ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE. WHEREAS, the City of Van Buren, Arkansas has paid a Christmas Bonus to its salaried employees in the past; and WHEREAS, the City of Van Buren, Arkansas wishes to continue this practice: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: THAT all full -time, non elected city employees who have one (1) full year of service, shall he paid a one hundred dollar (5100.00) bonus for Christmas. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (.e for and 0 against, the foregoing Resolution at its meeting held on the 15th day of November, 2010. IP a Robert I4 r Mayor ATTESTED: Barbie Curtis eO Lt City Clerk/Treasurer On the agenda next was to consider A RESOLUTION TO REIMBURSE CRAWFORD COUNTY FOR STREET REPAIRS AND IMPROVEMENTS TO SOUTH 40 STREET. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said the work south of Radio Tower Road is complete and we just need to reimburse the County for its portion. He also said North 40 Street is the only part remaining and it is being done by Forsgren at this time. Alderman Swaim seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -4 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4-2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO REIMBURSE CRAWFORD COUNTY FOR STREET REPAIRS AND IMPROVEMENTS TO SOUTH 40 STREET. WHEREAS, South 40 Street lies on the border of the City of Van Buren and unincorporated Crawford County as a result of which the two entities have historically split the cost of repairs and maintenance to said road; and WHEREAS, certain repairs have been made, for which the City of Van Buren owes $34,047.44 to Crawford County for its share of materials and paving, which is now due and payable as set forth in Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT SECTION I. The City of Van Buren currently owes $34,047.44 to Crawford County for its share of materials and paving for repairs to portions of South 40 Street within its corporate city limits. SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to reimburse Crawford County, $34,047.44 for its share of improvements made to South 40 Street. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of kfor andO against, the foregoing Resolution at its Regular Meeting held on the 15th day of November 2010. II a Robert D. Fre: an Mayor ATTESTED: Barbie Curtis City Clerk/Treasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A STORM SHELTER. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said these funds are available through FEMA. The safe room would be built in the empty lot across from the Senior Inn: Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -5 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. I I 5 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A STORM SIIELTER. WHEREAS, the City of Van Buren, Arkansas has determined that it needs architectural services in connection with the design and construction of a storm shelter located at the Senior Inn. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION I: The Mayor is authorized to enter into a contract with MAHG Architecture, Inc. to provide architectural services for the project of designing and constructing a storm shelter located at the Senior Inn. Payment for such architectural services shall not exceed 8.5% of construction costs plus reimbursable expenses. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of _(Fj for and against, the foregoing Resolution at its meeting held on the 15 day of November, 2010. Robert D. ii s. Mayor ATTESTED: a RcpCIALL Barbie Curtis City Clerk/Treasurer On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said this printer is dead. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 11 -6 -2010 CITY OF VAN BUREN, AIUCANSAS RESOLUTION NO. 10 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY.CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset inventory list which are obsolete, and/or beyond repair, and are no longer cost effective, so as to no longer be needed by the City; and WHEREAS, after an inventory of Fixed Assets, it is therefore recommended by our State Auditor that said items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid, auction or as otherwise authorized under Arkansas law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset from the Fixed Asset Inventory and to dispose of same by sealed bid, auction or other such methods authorized under the law: Department Amman Description of Inventory Control Crawford County $2,18194 HP Laser Jet 4350 DTN MC -55 District Court S/N CNRXT04622 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (0for and 0 against, the foregoing Resolution at its meeting held on the 15 day of November, 2010. Robert D. F ATTESTED: Mayor 4., Barbie Curtis City Clerk/Treasurer On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S SUBDIVISION REGULATIONS, ORDINANCE NO. 07-2003, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Moore. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Moore. The council followed with a unanimous vote. 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 18 -2010 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. i -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND VAN BUREN'S SUBDIVISION REGULATIONS, ORDINANCE NO. 07 -2003, AND FOR OTHER PURPOSES. WHEREAS, after review of the requirements for fmal plat submission in Ordinance No. 07- 2003 by the Van Buren Planning Department and the Planning Commission there exists a need for electronic records and georeferenced data for accurate mapping; and WHEREAS, notice ofa Public Hearing was duly published, and a Public Hearing was conducted by the Van Buren Planning Commission to consider revisions thereto; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a unanimous vote of the entire Planning Commission. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION I: Article III, Section B, of Ordinance No. 07 -2003 is amended as follows: 2. Copies of Final Plat Twenty (20) copies of the final plat shall be submitted to the Planning Commission for review. The final plat shall be drawn at a scale of 1" =1 00' or larger, and shall be on a sheet size of 18 "x 24 11 ,24" x 36 30 "x 42" or 22" x 34 Review copies of final plats may be 11 "x 17" if legible. One (1) copv of the final plat shall be submitted to the planning department in a PDF (Portable Document Format) file. 3. Information in Final Plat The Plat shall show and contain the following information: a. Name of Sub- Division. b. Boundaries and legal description of property being subdivided. Boundary survey and legal description of platted property shall be certified and sealed by a Registered Land Surveyor licensed in the State of Arkansas. c. Names and addresses of the owner and developer. ORDINANCE NUMBER 18 -2010 CONTINUED d. Acreage in subdivision tracts. e. Date, north arrow, and scale. f. Location and description of all monuments. g. Location of and names of all streets, highways, alleys, parks, or public purpose areas, if any, and easements with dimensions and proper legal description within the proposed subdivision. h. Location of all streets, and utility easements and areas for public uses, if any, to be dedicated. i. Dimensions and number of all lots. j. Bearings in degrees, minutes and seconds of all lot lines and street lines, as well as a basis on which the bearing system was determined. k. Street Curvature characteristics. 1. Dedication of all streets, easements, alleys, parks and other lands for public use. m. Certificate of Ownership and Dedication (as defined in Article VI, paragraph I-I). n. Certificate of Approval of Water and Sewer System by the Municipal Utilities Department. o. Certificate of Approval of Streets p. Certificate of Plat Acceptance from City Council q. Lot Addresses shall be noted r. Geo- referenced data including corner monuments tied to the coordinate system NAD 1983 StatePlane Arkansas North FIPS 0301 Feet. SECTION II: Severability. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict. The provisions of this Ordinance are hereby declared to be severable, and if provisions shall for any reason be illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and O against, the foregoing Ordinance at its Regular Meeting held on the 15th day of November, 2010. Robert D. Freeman Mayor ATTESTED: c„,„ Barbie Curtis City Clerk/Treasurer On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S MINIMUM STREET STANDARDS, ORDINANCE NO. 02 -2002, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sagely. The council followed with a unanimous vote. 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: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 19 -2010 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. IR -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND VAN BUREN'S MINIMUM STREET STANDARDS, ORDINANCE NO. 02 -2002, AND FOR OTHER PURPOSES. WHEREAS, after a review of the requirements in the City of Van Buren Minimum Street Standards (Ordinance No. 02 -2002) by the Van Buren Planning Department and the Planning Commission there is a need for updating the requirements for traffic control in new subdivisions; and WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by the Van Buren Planning Commission to consider revisions thereto; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a unanimous vote of the entire Planning Commission. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION I: Section 8 (Traffic Control) of Ordinance No. 02 -2002 is amended as follows: 8.1 General The City Developer shall provide a traffic control and signage plan and specifications to the Developer City for review and ap royal. The Developer will shall furnish and install permanent traffic control signs and pavement markings in accordance with the City approved traffic control and signage plea Code. The Developer shall provide a street lighting plan to the Citv for review and approval. The Developer shall coordinate with utility companies for street light installation in accordance with City Code and the Developer shall be responsible for installation cost. The Developer shall be responsible for all temporary traffic control during construction until the beginning of the warranty period. Traffic signal requirements will be evaluated by the City on an individual basis. ORDINANCE NUMBER 19 -2010 CONTINUED 8.2 TRAFFIC CONTROL DEVICES Traffic control devices and installation shall conform to the "Manual on Uniform Traffic Control Devices latest edition. Traffic signals shall conform to the standard specifications of the City. 8.3 ORNAMENTAL SIGNS Ornamental and special signs shall be the responsibility of the Developer and shall conform to the sign ordinance. 8.4 STREET LIGHTING Street lights shall be provided at Developer's expense at all street intersections and at a spacing along each street not to exceed 350 feet. Street lights and poles shall be standard units available from and maintained by the service area utility company. I SECTION II: Severabilitv. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict. The provisions of this Ordinance are hereby declared to be severable, and if provisions shall for any reason be illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of _(Ca for and 0 against, the foregoing Ordinance at its Regular Meeting held on the 15th day of November, 2010. 9 I 1 ...........e...„._c_ Robert D. Freeman Mayor ATTESTED: n QI.^� 6 X Barbie Curtis City Clerk/Treasurer i i On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 35-1979 (AS AMENDED) ESTABLISHING THE VAN BUREN CIVIL SERVICE COMMISSION, TO AMEND THE CIVIL SERVICE REGULATIONS FOR THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF VAN BUREN, TO ADOPT ALL CURRENT DEPARTMENT POLICIES AND PROCEDURES, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Dodd. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sagely. The council followed with a unanimous vote. 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 Ragsdale to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely, and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 20 -2010 ORDINANCE NUMBER 20 -2010 CONTINUED CITY OF VAN BUREN, ARKANSAS ORDNANCE N0. 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE 140.35 -1919 (AS AMENDED) ESTABLISHING THE VAN BUREN CIVIL SERVICE COMMISSION, TO AND 3HECINTL SERVICE REGULATIONS FOR THE POLICE AND FIRE DEPARTMENTS OF THE CITY OFVANBUREN, TO ADOPT ALL CURRENT DEPARTMENT POLICIES AND PROCEDURES, AND FOR OTBER PURPOSES. WHEREAS, the City adopted Ordinance 35 -1979, as amending, relating to the establishment of a civil service commission for the Me and police department, providing definitions, general provisions, appointment of Civil Service Commissioners, provisions regarding personnel policies and procedures, modification of regulations, and appeals of COMMISSION rulings, as allowed and authorized under A.C.A. 14 -51 -101 et seq.; and WHEREAS, the City Attorney, Police Chief, Fire Chief, and Civil Service Commission have reviewed the Van Buren Municipal Code, Chapters 2.40 and 2.44, and the Civil Service Regulations, and have determined that there is a need to adopt various updates and clarifications to the Civil Service regulations, code provisions, etc., to allow for clarity and easier enforcement of Van Buren's Civil Service Commission ordinance; and WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by the V an B wen Civil Service Commi s s ion on November 4, 2010, to consider tbese proposed amendments, and on November 15, 2010, at the regular monthly City Council meeting; and WHEREAS, the proposed changes herein were unanimously recommended by the Civil Service Commission at the conclusion of the November 4, 2010, meeting. NOW, THEREFORE, B E IT ORDAINED AND ENACTED BY THE CITY C OIINCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION I: Ordinance No. 35 -1979, as amended, (VAN BIDED MUNICIPAL. CODE 2 .40.244) shall be further amended as follows: 2.40.01 Appointedmeae of Commission: The Civil Service Commission shall be appointed by the Mayor. in accordance with Article 1 of the Civil Service Regulation for the Police and Fire DeoarMents of the City of Van Buren. Arkansas. subject to ao val by the Clv Council That Ranno„ d [remainder of existing section deleted] 2.40.03 A,,...w.L..aaa ,a Civil Service Regulations: The attached rendations dated November 14.2010 are hereby adopted by reference and incorporated herein. Tint i. A d i.. I, 3.a ivaal, wa lam. y a,agx h... [remainder of existing section deleted] SECTION 2: Pursuant to Article XI Section 3, all current rules and regulations of the Police Department and Fire Department are hereby ratified and adopted hereto. SECTION3: The various provisions and pans of this Ordinance, orthe regulations adopted hereto, are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein or therein is declared to he unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance or said regulations, and to that extent file provisions hereto are declared to be severable PI WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, pt, by 4 again foregoing regular approve, and adopt, a l fox and 0 against, font oin Ordinance at itsre meeting held on the 15th day of November 2010. Rabert Lt.Free Al1E TED: APPRO OFO D ST Barbie Curtis, City Clerk/1're,wumr N. Donaldnkins, J-., t o Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to appropriate the sum of $1,414,462.26 to pay expenses and salaries for October 2010, presented by the City Clerk. The Council followed with a unanimous vote. 11 -09 -2010 0 2 1 4 PH C I T Y O F VAN 8 0 6 4 9 0 PAGE, 1 1 e 1 AS CF: OCTOBER 31ST, 2010 10 General Fund MONTH TO DATE YRAR TO DATE AC CTM ACCOUNT MY.E DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 14,830.96 108,418.16 0•* 1020.04 Veterans' Memorial -Act 934 42,613.30 111,923.30 1020.05 2009 Byrne Recovery Grant 2,281.55 13,987.94 1020.06 2009 Byrne Grant 0.00 120.00 9 3 5, 1 7 4. 2 7+ L 1020.07 2007 Byrne Grant 0.00 0.00 1 7 3 0 9 1 1020.08 Cash in Bank -Ins 2008 Storm 0.00 0.00 1 3 4 0 0 4 2 1020.09 District Cost Grant-Mediation 0.00 25.00 1, 361.12+ 1020.30 Cash in Bank HOC 500.00 5,884.25 1020 -11 Cash in Bank -NVBB 0.40 0.00 2 1 x, 1 6 7 3 9+ 1020.13 Cash In Bank ACT 833 0.00 64,713.03 1 1 .9 0 0 3 2 6 1020.14 Court Automation-District 1.681.19 59,773.62 8 1 27.00+ 1' 1020.115 cash In Bank ACT 1314 0.00 C 1020.16 AR Dept of Rural Services 0.00 -o.o0 1,497•89+ I1 1020.17 New Police Dept 0.00 35,000.00 0 0 8 1029.18 Cash in Bank PD Co Tax 12,028.04 107,844.46 1 4 1 4 s 4 6 2 2 6 5 II 1020.19 Cash in Bank FD Co Tax 40,298.30 203,779.43 5,95000 4f ro Control 1020.20 Cash In Bank Erosion Con[ l 100.00 I 1020.27 Cash in Bank Levee 650.00 7,619.17 1020.28 Marina Repairs 12,500.00 12,500.00 1020.31 Cash in Bank Parks c Rec 5.00 46,638.40 1020.32 CIF-Parks 6 980164tlon 0.00 0.00 1020.33 Cash in Bank-Yard waste 5.911.95 33,249.16 1020.51 Cash in Bank Cemetery 30.24 14,902.02 1020.91 Cash in Bank Cap Imp 71,406.91 1.179,570.72 I 1040 Investments 0.00 550,000.00 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 I II 1040.31 Investments Parks 6 Roo 0.00 0.00 1040.51 Investments Cemece ry 0.00 48,752.59 I 1040.91 Investments Cap Imp 919.10 1,815,591.93 1050 Fixes Assets 0.00 0.00 1051 Accumulated Depredation 0.00 0.00 1504 Due from payroll 0.00 0.00 r. 1505 Due From Other Funds 0.00 0.00 I1 1520 Due from. Street Fund 3.00 9.24 i l 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE i 2000 Accounts Payable 55.00 00.00 2010 Municipal Health Ins, Payable 0.00 0.00 I 2030 Colonial Life Payable 0.00 0.00 2035 Credit union -First Resooree 9.00 0.00 le 2040 Loeel Payable 0.00 0.00 �I' II I. 11 1 1 Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman wanted to schedule a special study session for the 2011 Budget on December 6, 2010 at 7:00 p.m. in the council room. He also mentioned a press release from AETN that Silent Story Tellers was awarded three Emmy's. The City's Fairview Cemetery was featured in that film. Chief Bell thanked the Civil Service Commissioners for all their work on these changes. Alderman Parker thanked all who worked on the Safe Room Grant. She also asked how the crosswalks with the city seal were coming along. City Engineer Brad Baldwin said some materials have arrived. Mayor Freeman said we are having the city seal redone to get a good replication of it made. Alderman Parker gave a Happy Birthday out to Jennifer Froud. There being no further business, motion was made by Alderman Parker and seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: AP RO ED: e..461-4 a/ CITY CLERK TREASURER MA OR