04 April 2011 Regular MINUTES OF THE VAN l3UREN, ARKANSAS
CITY COUNCIL MEETING APRIL 18, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, April 18,
2011 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,
Ragsdale, Dodd and Sagely. City Clerk Treasurer Barbie Curtis and City Attorney Candice
Settle were present. Alderman Moore was absent. This made a total of eight (8) present. A
quorum was declared.
The invocation was given by Darrell Shook, Layman at Heritage United Methodist
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 March 21, 2011. 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, Ragsdale, Dodd and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on April 4, 2011. Alderman Swaim made a motion to approve the minutes. Alderman
Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman
Swaim, Parker, Ragsdale, Dodd and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO SUBMIT AN APPLICATION FOR GRANT FUNDS FOR DRAINAGE
IMPROVEMENTS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. There was none. 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 Swaim, Parker, Ragsdale, Dodd and Sagely. 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 4 -2 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. l -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY 01' VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO
SUBMIT AN APPLICATION FOR GRANT FUNDS FOR
DRAINAGE IMPROVEMENTS.
WHEREAS, The City of Van Buren is applying 10 the State of Arkansas for an Arkansas
Community and Economic Development Grant; and
WHEREAS, It is necessary that certain conditions be met as part of the application
requirements; and
WHEREAS, The City of Van Buren has conducted a public hearing as part of the application
process to receive and consider comments on community development and
housing needs, and proposed activities; and
WHEREAS, As a result of the public hearing, the City of Van Buren has identified and
prioritized the community development and housing needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
Section 1: The Mayor is authorized to submit an application to the State of Arkansas, on
behalf of the City of Van Buren, to address drainage and flooding issues that
plaque the Southside Drainage project, if the grant is awarded.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of a for and O. against, the foregoing Resolution at its
meeting held on the 18 day of April 2011.
ta
Ro.ert D. a.
Mayor
ATTESTED: /APPR• '21) AS O t
Ai
Barbie Curtis l Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION TO AMEND RESOLUTION
04 -03 -2006 TO AUTHORIZE THE MAYOR TO EXECUTE AN ADDENDUM TO THE
ENGINEERING CONTRACT FOR THE RENA ROAD PROJECT; APPROPRIATING
ADDITIONAL FUNDS; AND FOR OTHER PURPOSES. The Clerk read the Resolution in
its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman took a moment
to explain that this is a cost contract. We will pay as the work is done. 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 Swaim, Parker, Ragsdale, Dodd and Sagely.
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 4 -3 -2011
CITY OF VAN BURE ARKANSAS
RESOLUTION NO. -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AMEND RESOLUTION 04 -03 -2006
TO AUTHORIZE THE MAYOR TO EXECUTE AN
ADDENDUM TO THE ENGINEERING CONTRACT FOR
THE RENA ROAD PROJECT; APPROPRIATING
ADDITIONAL FUNDS; AND FOR OTIIER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas pursuant to Resolution No. 4 -3 -2006 entered
into a contract dated April 18, 2006, for Ilawkins -Weir Engineer, Inc. to perform
certain engineering services relative to Phase 1.ofthe Rena Road Improvement
Project; and
WHEREAS, additional engineering services will be necessary to facilitate the right of way
acquisition of the project that will necessitate increasing engineering fees by
$25,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU.D1c VAN
BUREN, ARKANSAS, THAT:
Section 1: The Mayor is authorized by the City Council for the City of Van Buren to execute
a contract amendment with Hawkins -Weir Engineers, Inc. to modify the original
April 18, 2006, engineering contract.
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to expend up to $25,000.00 in additional engineering fees and
expenses for the Rena Road Expansion Project.
Section 3: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to execute all documents necessary to effectuate this Resolution.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and 0 against, the foregoing Resolution at its
meeting held on the 18th day of April 2011.
Robert D. Freeman
Mayor
ATTESTED: --YY PROVE
Barbie Curtis andice A. Seale
City Cleric/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO AN AUDIT CONTRACT WITH PRZYBYSZ
ASSOCIATES CPAs. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. Mayor Freeman mentioned that we are required to have an outside
audit if we exceed $500,000 in federal funds within one year. A percentage of the cost for the
audit will be paid by ACEDP. Alderman Swaim seconded by Alderman Parker moved that the
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Ragsdale, Dodd and Sagely. 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 4 -4 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN
BUREN, ARKANSAS, A RESOULUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
AN AUDIT CONTRACT WITH PRZYBYSZ ASSOCIATES,
CPAs.
WHEREAS, The City of Van Buren received federal funds from the Arkansas
Economic Development Commission for the following economic
development projects: Oxane Building Improvements/Road
Improvements, CGB Rail Improvements, and Experian Parking Lot
Improvements; and
WHEREAS, In compliance with federal and state regulations, the City of Van Buren
solicited bids from qualified Certified Public Accountants to conduct an
audit of the federal funds received in 2010; and
WHEREAS, The City of Van Buren received one (I) bid from a qualified firm.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
VAN BUREN, ARKANSAS, THAT:
Section 1: The City Council of Van Buren, acting in its best interests,.authorizes the
Mayor to enter into an audit contract with Przybysz Associates, CPAs,
Arkansas, in the amount of 58,500.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City
Council, did pass, approve, and adopt, by a vote of 5 for and 0 against, the foregoing
Resolution at its meeting held on the 1 0 day of April 2011.
Bob Freeman
Mayor
ATT STEll_ ROV D S TO FORM:
(-4At ate
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AWARDING A SERVICE
SIDEARM TO SERGEANT GEORGE CABANISS UPON HIS RETIREMENT. The
Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. 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 Swaim,
Parker, Ragsdale, Dodd and Sagely. 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 4 -5 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 4 5 2 22011
BE IT ENACTED BY THE CITY COUNCIL, FOR TIIE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AWARDING A SERVICE SIDEARM TO
SERGEANT GEORGE CABANISS UPON HIS RETIREMENT.
WHEREAS, Van Buren Police Sergeant George Cabaniss is retiring from the city on May 1, 2011,
After 19 years and 11 days of service; and
WHEREAS, Sergeant George Cabaniss has demonstrated his dedication to duty and to the citizens
of the City of Van Buren; and
WHEREAS, Upon regular service retirement under honorable circumstances, the City wishes to
recognize Sergeant George Cabaniss' service as a Police Officer, and award to him his
personal sidearm carried by him at the time of his retirement from service.
NOW, THEREFORE, BE IT RESOLVED I3Y THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The City Council for the City of Van Buren adopts this resolution awarding this service
Sidearm, a Heckler Sr. Koch USP9 9mrn Pistol, Serial it 24- 107587, to Sergeant George
Cabaniss upon his retirement May 1, 2011.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and ()against, the foregoing Resolution at its meeting held on
the le day of April 2011.
Robert D. Free R�r sk
Mayor
AT' STED: PR t VI:
it
ai
:Arbie Curtis Cazt. ice Settle
City Clerk/Treasurer City Attorney
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,
AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Mayor Freeman noted that the items from the City
Attorney's fixed asset listing as a whole were over $1,500.00, but individually were not and are
no longer needed. The truck being removed from the fire department was totaled in an accident
about two weeks ago. 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 Swaim. Parker, Ragsdale, Dodd and Sagely. 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 4 -6 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -�6 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR ITIE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION 1'0 AUTHORIZE THE MAYOR .AND TIFF
CITY.CLERK TO REMOVE AND DISPOSE OF CERTAIN
FIXED ASSETS FROM THE CITY OF VAN BUREN'S
FLXED ASSET INVENTORY, BY SEALED BID, AUCTION
OR OTTER METHODS AUTHORIZED UNDER THE LAW,
AND FOR OTIIER 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
assets from the Fixed Asset Inventory and to dispose of same by sealed bid,
auction or other such methods authorized under the law:
Department 1 Amount Description of inventory Control?
City Attorney :5569.20 AXIS NET CAM CA -I6
City Attorney 5286.00 20 in. LCD Monitor CA -16
City Attorney 5286.00 20 in. LCD Monitor CA :16
City Attorney 5668.16 DC5750SFF A64X22.0 PC 1 CA -16
City Attorney $160.00 Video Capture Recorder I CA -16
SECTION 2: The Mayor and City Clerk are hereby authorized to remove the following
asset from the Fixed Asset Inventory and to transfer the same to Safeco
National Auto Center for settlement of vehicle accident claim.
Department Amount 1.. Description of Inventory Control?
Fire Department 517,579.00 2000 Dodge Ram Pickup FD1 -263
3B7HC13Y9YG155803
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by e vote of 5 for and ag s the foregoing Resolution at its
regular meeting held on the 18 day of April 2011.
4 ties......
Robert
ATTESTED: c FORM:-
t
1101I• 1101I• �VA i
biz Curtis Candic A. Senle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR TO PROVIDE FINANCIAL ASSISTANCE TO THE REGIONAL
INTERMODAL TRANSPORTATION AUTHORITY FOR REGIONAL ECONOMIC
DEVELOPMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there
was any discussion. Mayor Freeman said that there are four entities involved with the Regional
Intermodal Transportation Authority; Van Buren, Fort Smith, Crawford County, and Sebastian
County. They all will share costs equally to keep RITA moving forward. City Clerk- Treasurer
mentioned that this is one of the best things our area has done in a long time. Alderman Donna
Parker thanked Mayor Freeman for all the time he has put into this program. 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 Swaim, Parker, Ragsdale, Dodd and Sagely.
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 4 -7 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. n 2011
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 TO PROVIDE
FINANCIAL ASSISTANCE TO IHE REGIONAL INTERMODAL
TRANSPORTATION AUTHORITY FOR REGIONAL
ECONOMIC DEVELOPMENT.
WHEREAS, the City of Van Buren, Arkansas recognizes the need for regional economic development
cooperation; and
WHEREAS, the Regional Intermodal Transportation Authority (RITA) was formed in August of 2009
by the cities of Van Buren and Fort Smith and the counties of Crawford and Sebastian to
work toward improving the area's effectiveness in transporting goods while enhancing
the potential for economic development in the region; and
WHEREAS, funding is necessary to continue the operations of RITA and all members of RITA are
asked to share equally in the operational cost of the entity; and
WHEREAS, the City of Van Buren budgeted funds in the 2011 city budget for such operations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1. The City of Van Buren, Arkansas fully supports RITA and wishes to continue to support
RITA and the economic development of our region.
SECTION 2. The Mayor of the City of Van Buren, Arkansas is hereby authorized and directed to make
payment in the amount of $25,000.00 as the city's equal share for continued operations of
RITA.
119 WITNESS w1IEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of s for and 0 against, the for go c Resolution at its regular meeting
held on the 18 day of April 2011.
Ro.ert
AT p STED: r S TO FORM:
4M A
Barbie Curtis an.ice A. She
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING AND
DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY
INSURANCE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was
any discussion. There was none. 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 Swaim, Parker, Ragsdale, Dodd and Sagely. 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 4 -8 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN;
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY
INSURANCE.
WHEREAS, The Mayor of Van Buren needs to advertise for bids on Property
Insurance, which expires June 17, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
Section 1: The Mayor is authorized and directed to cause to be drafted a list of
needed insurance.
Section 2: After said list is prepared and incorporated into a Notice to Bidders, the
the Mayor's office is authorized and directed to advertise for bids for said
insurance.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and (1 against, the foregoing Resolution at its
meeting held on the 18 day of April 2011.
Ro.ert D.410:
Mayor
AT STED: AP P �ie12n
Barbie Curtis Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO CONTRACT WITH HOGAN CONSTRUCTION COMPANY, INC., FOR
THE CONSTRUCTION OF A GRAVEL PARKING LOT AT THE FIELD OF DREAMS
COMPLEX WITHIN THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was
any discussion. Mayor Freeman said there was an issue with the contractor's license for
Wimberly Construction. He had not started any work, so we decided to terminate that contract
and move on to our next lowest bidder. Alderman Swaim seconded by Alderman Parker moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Aldennan Swaim, Parker, Ragsdale, Dodd and Sagely. 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 4 -9 -2011
CITY OF VAR BUREN, ARKANSAS
RESOLUTION NO.l_ -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
AN RESOLUTION AUTHORIZLNG THE MAYOR TO
CONTRACT WITH HOGAN CONSTRUCFION
COMPANY, INC., FOR THE CONSTRUCTION OF A
GRAVEL PARKING LOT AT THE F1ELD OF DREAMS
COMPLEX WITRLV THE CITY OF VAN BUREN,
ARKANSAS, AND FOR OTHER PURPOSES.
WIIEREAS, Wimberly Construction Inc, has requested the termination for convenience of
the contractor and the City of Van Buren for the 70,000 square foot gravel
parking lot at the Field of Imams Complex; and
WHEREAS, the City of Van Buren has determined that said termination is in the best
interest of both parties; and
WHEREAS, there is a need for a replacement connector for construction of the parking lot;
and
WHEREAS, the City advertised and received bids for the improvements; and
WHEREAS, the bids were received and opened in accordance with Arkansas law and Hogan
Construction Company, Inc., was the second lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Hogan Constmctioo
Company, Inc, for the amount of $39,713.00 was the second best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE
CITY OF VAN BUREN, ARKANSAS, THAT:
Section 1: The City of Van Buren, Arkansas accepts the bid of $39,713.00 as submitted
by Hogan Construction Company, Inc, as set forth in "Exhibit A" attached
hereto; and
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the
City of Van Buren to pay all expenses from capital improvements funds
relating to this project and to execute all documents necessary to effectuate this
resolution.
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 Resolution
at its Regular Meeting held on the 18 day of April 2011.
111 411
RexertD.
Mayor
ATTESTED: ORN3:
gazbie Curtis ce A. Settle
Clerk/Ireasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO CONTRACT WITH WILSON'S HEATING AND AIR CONDITIONING,
INC., FOR ENERGY UPGRADES AT THE VAN BUREN MUNICIPAL COMPLEX,
KING OPERA HOUSE AND TRAIN DEPOT, AND FOR OTHER PURPOSES. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor
Freeman noted that these were good bids and we are ready to move forward. Alderman Swaim
seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the
roll. the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd and Sagely.
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 4 -10 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO.1- rO 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
AN RESOLUTION AUTHORIZING THE MAYOR TO
CONTRACT WITH WILSON'S HEATING AND AIR
CONDITTONN'G, INC., FOR ENERGY UPGRADES AT
THE VAN BUREN MUNICIPAL COMPLEX, KING
OPERA HOUSE AND TRAIN DEPOT, AND FOR OTHER
PURPOSES.
WHEREAS, The City of Van Buren has determined the need for energy efficiency
improvements at several of the municipal buildings to include the Van Buren
Municipal Complex, the King Opera House, and the Train Depot; and
WHEREAS, The City of Van Buren has been awarded grant funds to assist in said
improvements; and
WHEREAS, The City advertised and received bids for the improvements; and
WHEREAS, The bids were received and opened in accordance with Arkansas law and
Wilson's Heating and Aix Conditioning, Inc., was the lowest bidder meeting
the bid specifications; and
WHEREAS, The City of Van Buren has determined that the bid of Wilson's Heating and.. Air
Conditioning, inc., for the amount of $236,24400 was the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
Section l: The City of Van Buren, Arkansas accepts the bid of 5236,240.00 as submitted
by Wilson's fleeting and Air Conditioning, Inc., as set forth in "Exhibit A"
attached hereto; and
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the
City of Van Buren to pay all expenses from grant and capital improvements
funds relating to this project and to execute all documents necessary to
effectuate this resolution.
L♦ WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of S for and against, the foregoing Resolution at
its Regular Meeting held on the 1 S'" day of April 2011.
Robert D.
Mayor
ATTESTED; TO Fe 1:
Barbie Curtis r A ertle
City ClerkiTreasurer ity Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 07 -1963 (AS AMENDED) TO REVISE THE PROCEDURES AND /OR FEES FOR
ZONING. CHANGES, CONDITIONAL USES, AND VARIANCES WITHIN THE CITY
OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. The Clerk read the
Ordinance in part. Alderman Swaim moved that the rules be suspended and the Ordinance be
placed on its second reading. The motion was seconded by Alderman Sagely. 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 Dodd. 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. Mayor Freeman mentioned Joe Hurst has done an outstanding
job to make these updates.
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 Swaim, Parker, Ragsdale, Dodd
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Aldennan Swaim and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Ragsdale, Dodd and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council; duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN TAE NUMBER 13 -2011
CITY OF VAN BUREN (c) Application and Processing Reguirenients.Pllcant shall be required to pay: a filing tee 01 u, 6 t.,;;;( n v o
1 A RKANSAS (1) The Planning Commission shall hold a pub -tenSa one hundred fifty ($150) dollars to a m ;.q o o a
y -ORDINANCE NO 13 ZOli r {:�i Ile hearing on all. requests for conditional 'usescover the cost of Publishing and mailing notice, w t m °n i
IT.. ENACT a m ED BY THE CITY COUNCIL FOR THE aftera(a) Publishing a notice. in a newspaper of and such other expenses as may be, incurred in r .8 J o a 1
Y OF VAN BUREN ARKANSAS AN ORDI l general circulation In the :city -at least one time connection with such appeal or application wpo 5 o
NCE TO BEENTITLED. C i a thirteen (13), days prior to the.pubhc hearing,ARTICLE l %Amendment: c ,,o no a
ORDINANCE'TOIAMEND ORDINANCE NO. setting forth the. time and place of such hearing Amendment Procedure for Private n
m a a 0 T a E I
2 z+
1963 AS "AM ED END TO REVISE THE PROCE and<the conditional use proposed. (b) Posting as Fee. Ai1y private'party or parties a a o o c m m m i
RES AND %OR FEE FOR ZONING CHANGES,Islgn three (3) feet by four (4)rfeet In slzeiat a zoning change shall pay a feint two c o 'r o
p hundred sevent y
NDI710NAL USES AND-VARIANCES' WITHIN cons place'on [he property] fifteen (15) y�fve ($275) dollars'to the Cit 5 5 a
E CITY OFNAN BUREN ARKANSAS AND FOR days before the ob the_ public hearing and Treasurer., to cover- the cost of public notices r 0 t
HER PURPOSES. a on which is set :forth the date and place Of the and related expenses .i m g 5 f c ,t2. 7
IEREAS the City adopted Ordinance 07 1963 hearing. (cfNotifying by first -class mail anyonec Public Hearing Upon receipt of a petition for Q a o, s o w.
Sting torthe zoning laws of the city. of Van who owns propertv,within three. hundred (30o)an amendment the Planning Commission shall o v 5 ._;3 m c ccE,
v visons gooverning, zoningrd st icts.' e ciep thipropertY
use. nohfi at on p the medntaafterrac heanng on the proposed amend- g 2
Lkald modlficationsyrenforcement and a date;,time, and; purpose for the. public hearing.(1) Publishing a notice in a newspaper of gen o v o iE a b.5 a l
ird4 of [A djustment, a� all edt by. A C Al The- notification "must be mailed and datedi)ateral circulation in the_City at least one times T .V' 02 c
3Ya g 401 etseq and s i sf a :jiA i least fifteen (15) day prior t public hear thirteen (13) days -prior" to' the; public; hearing; m -o O O �'my co
56
IEREAS' its has been determined by ,the City ing held by the Planning Commission setting forth the time and place of such hearing
moil that,ihere is'a need to revise Various ARTICLE VIII Board of Adjustment- and the, proposed (Ordinance;,No.
bon of ‘the ordmance�to allow for amore Section 3 Appeals or Variances i 13 1974 ri` L a t l
roughs public notification proceduret up Any, appeal or application for_varianee to the (2) Posting asign three (3) by four,(4) feet
the feesassociated. with the va`riou`s P [Maid of f Ian Adjustment be. taken b any ze oe hperty,l
e
may y aY Per-i in si -i
g applications and to add a new conditional'soni.. corporation aggrieved or by any fifteen a cnspicuous plac on te.pro
(1 days prior to the date of the public z
to the permitted and conditional usse leg goverrinentak officer department board or bu ;hearing and on which is set forth the date and
I and S tn v reauaffected by'any decision.o_f the enforce -place of the
hearing and nd "the'aendment pro
IEREAS notce of a Public Heanng was duly t o
menfficer based, in whole or; part,- upoo-theposed:-: O Notifying by first class mail anyone, -H'1
dished and a Public Heanng was conducted provisions of this; Ordinance -,The'Board of'Ad -,who owns property- within three hundred'
the Van, Buren Planning Commission- tocon- iustment shall publish'a notice of the time and feel of the _pro pert v being considered for zon- c -'i
rtheseproposed amendments and r place of a public..hearing., upon such appeal or change.. Such notification will indicate the
IEREAS,tn2 proposed changes for'
'variation were; application for variation such notice shall bedate -tine and purpose for the public hearing. F-
ommended m
by a ajority vote of the' entire published at least once, not less than ten (10iThe notification must be nailed -and'. dated at
ni x -1
nng Commission arid;'6 c .u. days preceding the date.of such hearing in an least fifteen 15 days prior to the public hearing v s n
W,. THEREFORE,, BE IT; ORDAINED AND EN official paper or newspaper Of, general circula.i by the Planning Commission O sQ
ltD BY THE CITY COUNCIL OF THE CITY OF Lion in Van Buren such notice to contain the VAN` BUREN PERMITTED AND CONDITIONAL' we chi o v
BUREN' ARKANSA TN_A7 4 particular locators' „for which,c the„ appeal or. USE LEGEND
.TION 1 Ordinance; No. 071963 as amended variation is requested as well asa brief state The Van Buren Permitted' and Conditional. Use r c c
N'
N BURE MUNICIPAL CODE 14.04.01) shall ment`of what the proposed' appeal er variation Legend is set forth in attachment A' hereto:
furtheramended as follows consists f” A
o r sign three (3) feet wide and'four SECTION 2: The passage and approval of these
v) (up
Q
fICLE VI Exdep andModifications' (4) feet high shall be placed upon the property amendments to the. Van Buren Ordinance 07- w-E .5 N >.a_,
TION4 Conditional Uses a't, ti by the building inspector giving. the date place 1963, 'as. amended, will protect. the; health,' i a a cc! 0 `i
i Application Procedure:-The application for a of the public hearing and, what the appeal' or, safety, and or welfare of the city, and its citi
iditiopal'use..peCfnit stiall be'made't'n the variance consists of fifteen (15) days before zenso Therefore, an emergency is' to
(ding Inspector by, the`,property. owner or the date of the public hearing. The Board shall exist and this. Ordinance, being necessary for
.,agent of the property owner. The applica- also give notice of such hearing to, interested the preservation of the public health, safety
i shall include an 8 12 x12 inch Site Plan for, persons and organizations, as it shall deem and /or welfare shall be in full force and take
posed development.} The fee tar processing feasible and practicable. Upon the date'of the effect immediately upon after its passage.
onddional use application shall be $440 one hearing any party may appear before the board SECTION 3: The various provisions and parts of
rdiedfiff4(31501 dollars. lin oerson or by attorney (Ord. 19- 1983). The ao -this Ordinance are hereby declared to be seyer-
On the agenda next was to consider AN ORDINANCE ADOPTING THE REVISED
NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS. 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 Dodd. 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
Aldennan Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll; the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor. then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 14 -2011
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 2011
BE IT ENACTED BY TILE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTFILED:
AN ORDINANCE ADOPTING TITE REVISED NATIONAL
ELECTRICAL CODE WITH LOCAL AMENDMENTS.
WHEREAS, The City Council adopted the 2005 version of the National Electrical
Code with Local Amendments pursuant to Ordinance No. 9 -2005; and
WHEREAS, A more current edition is available that would better serve the needs of the
City of Van Buren.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: There is hereby adopted by reference the 2011 edition of the National
Electrical Code with local amendments. One copy of the referenced
regulatory code, together with local amendments, is now on file in the
office of the Van Buren City Clerk and the same are hereby adopted by
reference and incorporated as if set out word for word herein.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict. The provisions of the Ordinance are hereby
declared to he 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 5 for and n against, the foregoing Ordinance at its
,regular meeting held on the 18` day of April 2011.
Robert 1.
Mayor
ATTESTED: PT1 D AS TO AI RM:
-air I
rA
Barrbie Curtis Candice A. ettle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE ADOPTING THE REVISED
ARKANSAS MECHANICAL CODE. 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. 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 Dodd. 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 Swains and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 15 -2011
CITY OF VAN BUREN, ARKANSAS
i
ODINANCE NO.
I2 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ADOPTING THE REVISED ARKANSAS
MECHANICAL CODE.
WHEREAS, The City Council adopted the 2003 version of the Arkansas Mechanical
Code pursuant to Ordinance No. 11 -2005; and
WHEREAS, A more current edition is available that would better serve the needs of the
City of Van Buren.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: That there is hereby adopted by reference the 2010 edition of the Arkansas
Mechanical Code. One copy of the referenced regulatory code is now
on file in the office of the Van Buren City Clerk and the same are hereby
adopted by reference and incorporated as if set out word for word herein.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are repealed to
to the extent of the conflict. The provisions of the 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 5 for and 0 against, the foregoing Ordinance at its
regular meeting held on the 18 day of April 2011.
Robert's, F
Mayor
ATTESTED: VED AS
apt
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
Next on the agenda was Boards and Commissions. The Municipal Auditorium
Commission recommended the appointment of Judith Valley to replace Kyle Salyer. Alderman
Swaim seconded by Alderman Ragsdale made a motion to grant the nomination. The Council
followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Ragsdale to appropriate the sum of $1,371,261.14 to pay expenses
and salaries for March 2011, presented by the City Clerk. The Council followed with a
unanimous vote.
i 4 -11 -2011 08:21 111 C V A N 6 0 3 1 0 N PAGE:'-. 1
TRIAL BALANCE
AS OF: MARCH 318T, 2011
10 General Fund
MDNTH TO GATE 00AR TO DATE
OCCTI ,.0000142 NAME DEBITS CREDITS DEBITS CREDITS
ASSETS 7000 Pelty cash ACCOUNT
200.00
1020 Cash in Back 240,587.18 189,700.75
1020.83 Cash in Bank ASP'sowalmart Gra 49,075.63 5,445.00 0
i 1020.04 Veterans' Memorial -Act 934 0.80 117,023.30
1020.05 2009 Byrne Recovery Grant 114.07 13,002.56 1 0 5 3 5 9 It Y 3
1020.06 2009 Byrne Grant 0.00 120.00 I 9 0 6 1 7
1020.07 2007 Byrne Grant 0.00
o 1020.08 Cash in Bank -Ins 2008 Storm 0.00 0.00 1 1 2 a 7 2 I a
1020.09 District Gout Grant Mediation 0.00 25.00 2 4 5 1 1 3 3
1020 -10 Cash in Gant BDC 115.12 2,612-29 1 4 9 7 6 3 0
1020.11 cash in Rank-H '9B 0.00 3,500.00 3 2 5 5 C 0 0 0
1020.13 Cash In Bank -ACT 833 6,299.10 82,715.51 u 6 r
f i 1020.14 Court Automation District 1,912.50 65,636.46
3020.17 Cash in Bank -ACT 1319 0.00 0.00
1. 361.34t
1020.16 AR Dept of Rural Services 0.00 0.00 0 0 8
I 1020.17 New Police Dept 0.00
56, 530.80 1 j 0 1 ,Yi I k
1020.18 Cash in Bank PD Co 241 13,402.27 56,536.83
1020.19 Cash in Bank FD Co Tax 11,128.60 153,632.41
1020.20 Cash In Bank Erosion Control 150.00 6,700.00
1020.27 Cash in Bank Levee 3.00 7,619.17
1020.28 Marina Repairs 0.00 12,500.00
1020.31 Cast in Bank Parks s Rec 5.00 48,614.40
1020.32 GIF -Parks 6 Recreation 0.00 0
1020.33 Cash in Bank -Yard Waste 12,092.01 66,349.25
1020.51 Cash in Bank Cemetery 38.43 15,062.83
.1020.91 Cash in Bank Cap Imp 50,452.29 825,058.82
1040 Investments 0.00 300,000.00
10ab.10 In stmencs Salea Tax 010y 0.00 0.00
1090.16 lnvesreents PB co F 0.00 0.00
10150.19 mvestmenca ,F.e0v00 Tax 0.00 0.00
1040.27 Investments 0.00 0.00
p 1040.31 Investments Parks Rec 0.00 0.00
O I 1040.51 Investments cemetery 0.00 48,752 -59
it 1040.91 Investments Cap Imp 0.00 1,826.513.42
1050 Fixed Assets 0.00 0.00
j 1051 Accumulated Depreciation 0 -00 0.00
c 1sc4 Due Erom eay: oil 0.00 0.00
1505 Doe Fr Omer Fonds 0.00 0.00
I4 1520 Due from Street Fond
0 0.61
.1 1540 Due From Library Fund 0,00 0.00
I+ LIABILITIES AND FUND BALANCE
d 2000 Accounts Payable 0.00 0.00
1 2010 numcipal Health Ins. Payable 0.00 0
2030 Colonial Life Payable 0.00
0.00
CJ 2025 credit Union-First Resource 0.00 0.00
7
I',
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 has two
street closings. Butterfield JR. High requested to close Poplar Street between 12 and 13 Streets
for their annual 5k walk. Motion was made by Alderman Swaim and seconded by Alderman
Parker. Council followed with a unanimous vote. Second was to amend the street closing request
for First Baptist Church to reflect the change of Vacation Bible School to the 12` -17` Motion
was made by Alderman Swaim and seconded by Alderman Dodd. Council followed with a
unanimous vote.
Area Agency on Aging gave their first quarter report. Their expenditures for January,
February, and March were $203.00, $237.00 and $254.00 respectively with an ending balance as
of March 31, 2011 of $3,306.00.
Mayor Freeman provided two items: traffic counter information and a packet from Local
Government Services, LLC. Our franchise agreement with Cox Communications expires in three
years. This company would help us negotiate that franchise agreement.
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.
ATT STED: AP RO ED: s 9
CITY CLERK TREASURER MAYOR