11 November 2012 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING NOVEMBER 19, 2012
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
November 19, 2012 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 Parker,
Moore, Ragsdale. Dodd and Sagely. City Clerk- Treasurer Barbie Curtis and City Attorney
Candice Settle were present. Alderman Swaim was absent. This made a total of eight (8) present.
A quorum was declared.
The invocation was given by Pastor Ronny Mayfield of Crosspointe Community 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 15, 2012. Alderman Ragsdale made a motion to approve the minutes. Alderman
Parker seconded the motion. On roll call, the following Council members voted aye: Alderman
Sagely, Parker, Moore, Ragsdale and Dodd. The following voted nay: none.
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR AND 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 City Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Police Chief Kenneth Bell noted that it was an out
dated and broken piece of equipment. Aldemlan Parker seconded by Alderman Dodd moved that
the Resolution be adopted. On the Clerk's calling the roll, the following vote'resulted: Ayes
Alderman Sagely, Parker, Moore, Ragsdale and Dodd. 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 -2012
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. it I 2012
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 CITY
CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED
ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET
INVENTORY, BY SEALED BIT), 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 he
needed by the City; and
WHEREAS, it is therefore recommended 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 or
assets from the Fixed Asset Inventory and to dispose of same by sealed bid, auction or
other such methods authorized under the law:
Department Amount Description of Inventory Control
Police Department 54,075.13 AVOW TechnoloEes Terminal Server PD 544
Ser rt D044FR91K182
ES WITNESS WHEREOF, the City of Van Buren. Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of rz" for and 0 a_ inst,. the foregoing Resolution at its
regular meeting held on the 19'" of November, 2012.
Robert D. Fr-
Mayor
ATTESTED: QAILROTER .11S1:
Barbie Curtis tce A. e e
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH
BIDS FOR CERTAIN FIXED ASSETS AUTHORIZING TO BE SOLD AND DISPOSED
OF BY SEALED BID, AND FOR OTHER PURPOSES. The City Clerk read the Resolution
in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman mentioned
that item number two was bought with Federal Forfeiture monies therefore the proceeds from
that vehicle sale has to be deposited into the Federal Forfeiture Fund. Alderman Sagely asked
what the Federal Forfeiture fund was. Police Chief Kenneth Bell explained that it is money
ceased through drug deals and forfeiture of property. Also, Mayor Freeman said that he was
going to see Alderman Swaim tomorrow to inform him that we've bought three police cars,
therefore, we've sold three police cars. Alderman Parker seconded by Alderman Ragsdale moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Sagely, Parker, Moore, Ragsdale and Dodd. 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 -2012
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 11 -2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTIiNG THE HIGH BIDS FOR CERTAIN FIXED
ASSETS AUTHORIZING TO BE SOLD AND DISPOSED OF BY SEALED
BID, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has authorized the sale of disposal of certain fixed assets
which are obsolete, and /or beyond repair, and are no longer cost effective, so as to
no longer be needed by the City, pursuant to Resolution No. 2 -1 -2012 and
Resolution No. 10 -1 -2012; and
WHEREAS, the City of Van Buren, after advertising, soliciting and opening sealed bids for
said assets, has received adequate and acceptable bids for each listed item thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor is hereby authorized to accept the high bids as set forth in Exhibit "A"
attached hereto for the following fixed assets:
1. 2007 Ford Crown Victoria PD 613 921.00
(Funds to be deposited into the General Funds)
2. 2006 Ford Crown Victoria PD 608 800.00
(Funds to be deposited into the Federal Forfeiture Account)
3. 1997 Ford Crown Victoria FDI 329 892.00
(Funds to be deposited into the General Funds)
SECTION 2: 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 these sales and
transfers and to deposit fimds into the accounts listed above.
.IN WITNESS WHEREOF, the City of Van Bure Ark .sas, by its City Council, did pass,
approve, and adopt, by a vote of S for and 0 against, th, forcg. ing Res. lion at it Eegular meeting
held on the 19'" of November, 2012.
•114...'e ...^8t;
Robert D. Freem: t r
•yor
ATTESTED: PRO 1 3' TO FORM-
&ILL-
Barbie Curtis Candice A. Settle
City Clerkffreasurer City Attomey
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PURCHASE CERTAIN REAL PROPERTIES NECESSARY FOR THE
CONSTRUCTION AND COMPLETION OF THE NEW VAN BUREN SENIOR
CENTER AND SAFE ROOM, AND FOR OTHER PURPOSES. The City Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman
went over the colored map that was provided to the council and noted which properties we will
be acquiring for the Senior Center project. Alderman Dodd seconded by Alderman Ragsdale
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Sagely, Parker, Moore, Ragsdale and Dodd. 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 -2012
CITY OF VAN BUREN, ARKANSAS
RESOLIITIONNO. II -3 -2012
BE R ENACTED BY THE CITY COUNCIL, FOR TIM CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MUYOR TO PURCHASE
CERTAIN REAL PROPERTIES NECESSARY FOR TILE
CONSTRUCTION AND CO'NLPLETION OF TIE EW VAN
VAN
BUREN SENIOR CENTER AND SAFE ROOM,
OTHER PURPOSES.
WHEREAS, the City has deteimned that it is necessary to acquire, for the public good t and en benefit, new
certain real property located within the Vau Boren city limits, to cots
Buren Senior Center and Safe Room; and
WHEREAS, upon the City's best, information knowledge, and belief the appraised value and the fair
market value of said properties are as listed below. The City, and through its desigmafed
agedrs, has Offered in good faith to purchase said property for the amounts listed below
plus the City's share of closing costs.
Property Address Leal Description Appraised Value Purchase Price
I- 611 Knox Pads of Las l &2 531,00000 531,000.00
Block 2, Knox Addition plus 5700 toward
seller closing costs.
2. 613 Knox Parts of Lots 1 2 521,00000 521,000.0
Block 2, Knox Addition
3. 9 Washington Pall of Lot 2 537,000.00 537,000.00
Block 2, Knox Addition
4. 21 23 Washington Lot 7 8, Block 2 837,000.00 537,000 00
Lot I, Black 7
Knox Addition
5. 103 Washington Lot 2, Block 7 55,000.00 $5,00000
Knox Addition
NOW, THEREFORE, BE IT RESOLVED BY'IHK CITY COUNCIL OF TBE Crap OF
VAN BUREN, ARKANSAS, THAT,
@ECTIOV 1: The City Council hereby authoress the Mayor to purchase the afore d (robed real
costs, properties for the amounts listed plus closing to, as more fully s
estimated closing mess reports, utilizing Senior Center Bond Funds.
2: The Mayor is authorized and directed to execute such documents and instruments as may
be necessary to proceed with and finalize the purchase of said property, and the City
Clerk is hereby authorized and directed to attest same.
IN WITNESS WTIEREOF, 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 regular meeting
held on the 19" of November, 2012.
Robert Mayer e
Fremen
Mayer
ATTESTED: APPROVED AS .0 000200:
Barbie Cu-.is C' AO'
City ClerklTreasurer ity Attorney e
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
City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. Alderman Ragsdale seconded by Alderman Sagely moved that the Resolution
be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman
Sagely, Parker, Moore, Ragsdale and Dodd. 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 -2012
CFCY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 k -2012
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 (5100.00)
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, THAT:
SECTION l: All full -time, non elected city employees who have
one (1) full year of service, shall be paid a one hundred
dollar ($100.00) 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 5 for and 0 against, the foregoing Resolution
at its regular meeting held on the 19 day of Novemb 20
Robert D. Free a.„______
Mayor
ATTESTED: APPS -ED A TO F I RM:
Barbie Curtis .rccee -s. —le
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR OF THE CITY OF VAN BUREN AND THE CITY CLERK TREASURER OF
THE CITY OF VAN BUREN, ARKANSAS, TO TRANSFER FUNDS FOR THE CITY
OPERATIONS. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. Mayor Freeman explained that we had to do this last year to carry us
into the next calendar year. He also said, once we get to March all this will be rectified due to
receiving the new sales tax proceeds. Alderman Parker seconded by Alderman Dodd moved that
the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Sagely, Parker, Moore, Ragsdale and Dodd. 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 -2012
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I l 5 2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR OF THE
CITY OF VAN BUREN AND THE CITY CLERK
TREASURER OF THE CITY OF VAN BUREN, ARKANSAS,
TO TRANSFER FUNDS FOR THE CITY OPERATIONS.
WHEREAS, the City's General Fund is below forecasted revenue; and
WHEREAS, proceeds from County Sales Tax are available in reserve to meet near tenn
obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor and City Clerk- Treasurer of the City of Van Buren are hereby
authorized to transfer funds from Capital improvement Funds to the General Fund
Account in the amount of $200,000.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of ,`j for and p against, the foregoing Resolution at its
regular meeting on the 19 day of November, 2012.
Robert D.
Mayor
ATTESTED: 'PRE 'ED e S I FORM:
_t left
Barbie Curtis dic- f Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO CONTRACT WITH CRAWFORD CONSTRUCTION COMPANY FOR
CERTAIN BUILDING REPAIRS, WAIVING BIDDING REQUIREMENTS,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The City Clerk read
the Ordinance in its entirety. Alderman Dodd 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 City Clerk then read the Ordinance the second
time.
Alderman Dodd moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Ragsdale. The council
followed with a unanimous vote. The City Clerk then read the Ordinance the third and final
time. The Mayor asked if there was any discussion. Mayor Freeman explained that after the
water leak back in September, we contracted Service Master for the initial water extraction. That
following week we contacted Municipal League Property Insurance and had an adjuster come
assess the situation. The Municipal League contracted Northwest Arkansas Restoration to finish
the water extraction as well as drying out the King Opera House. Up until this point the
Municipal League Property Program has paid both Service Master and Northwest Arkansas
Restoration directly. They approved the bid from Crawford Construction to do the repairs, but
sent us the money to pay them.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Parker and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Moore, Ragsdale
and Dodd. 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 Alderman Dodd and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Sagely, Parker, Moore. Ragsdale and Dodd. 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 THE NUMBER 24 -2012
ORDINANCE NUMBER 24 -2012 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE 2 0 1 2
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING TILE MAYOR TO CONTRACT WITH
CRAWFORD CONSTRUCTION COMPANY FOR CERTAIN BUILDING
REPAIRS, \VANLNG BIDDING REQUIREMENTS, DECLARING AN
EMERGENCY, ANT/ FOR OTTIER PURPOSES.
WHEREAS, the City of Van Buren suffered water damage to the King Opera House on the weekend
of September 15, 2012 which needs immediate and substantial repairs; and
WHEREAS, the City of Van Buren has property insurance with the Arkansas Municipal League
Property Program that will cover the repairs to the building, less a deductible of
$5,000.00 per occurrence; and
WHEREAS, it would be impracticable and unfeasible to bid these repairs, and there is no potential for
savings to the city and insufficient time to let bids on the repairs without sustaining
further damage and the City needs to be able to submit repair estimates to the insurance
company, and upon their approval, immediately begin repairs without any delays or any
action by the City Council; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that "The
governing body, by Ordinance, may waive the requirements of competitive bidding in
exceptional situations where such procedure is deemed not feasible or practical."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for repairs to
the King Opera House as such a procedure is not deemed to be feasible or practical under
the circumstances.
SECTION 2: The Mayor and City Clerk are hereby authorized to enter into a contract with Crawford
Construction Company for repairs to the King Opera House in the amount of $38,900.00
(Exhibit "A subject to Arkansas Municipal League Property Program authorization.
SECTION 3: The repairs hereto are deemed and found to be necessary for the immediate preservation
of property, health, safety and welfare of the City, and as such an emergency is hereby
declared, and this Ordinance shall take effect and be in full force Upon and after its
passage and approval.
EN WITNESS WHEREOF, the City of Van Bure Atka sas, by its City Co�u� did pass,
approve, and adopt, by a vote of 5 for and 0 against, th fore ing 0 ='Hance at dslrkgular meeting
held on the I9 day of November, 2012. "````VVVVVV
Robert D. Freem "1
Mayor
AT ESTED: •PRA ED, 'Ot 7:
Barbie Curtis Candice Settle
City ClerkTfreasurer City Attorney
On the agenda next was to consider AN ORDINANCE PROVIDING MINIMUM
ENERGY STANDARDS FOR THE DESIGN OF NEW BUILDINGS AND STRUCTURES
OR PORTIONS AND ADDITIONS TO EXISTING BUILDINGS THAT PROVIDE
FACILITIES OR SHELTER FOR PUBLIC ASSEMBLY, EDUCATION, BUSINESS,
MERCANTILE, INSTITUTIONAL, STORAGE, AND RESIDENTIAL OCCUPANCIES,
AS WELL AS THOSE PORTIONS OF FACTORY AND INDUSTRIAL OCCUPANCIES
DESIGNED PRIMARILY FOR HUMAN OCCUPANCY BY REGULATING THEIR
EXTERIOR ENVELOPES AND THE SELECTION OF THEIR HVAC, SERVICE
WATER HEATING, ELECTRICAL DISTRIBUTION AND ILLUMINATING SYSTEMS
AND EQUIPMENT FOR EFFECTIVE USE OF ENERGY; DECLARING AND
EMERGENCY; AND FOR OTHER PURPOSES. The City Clerk read the Ordinance in its
entirety. Alderman Dodd 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 City Clerk then read the Ordinance the second time.
Alderman Dodd 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 City Clerk then read the Ordinance the third and final
time. The Mayor asked if there was any discussion. Mayor Freeman informed the council that
the clerk bookmarked the page in the current "City and Town" magazine regarding this particular
ordinance. Alderman Parker asked how drastic the changes were. City Building Inspector David
Martin replied that most builders he's talked to about it have said they already meet or exceed
these codes. City Planner Joe Hurst said two of these standards are already enforced and in place.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Parker and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Moore, Ragsdale
and Dodd. 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 Aldernan Parker and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Sagely, Parker, Moore, Ragsdale and Dodd. 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 THE NUMBER 25 -2012
ORDINANCE NUMBER 25 -2012 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE PROVIDING AIINBAIT111 ENERGY STANDARDS FOR THE
DESIGN OF NEW BUILDINGS TEAT PROVIDE FACILITIES OR SHELTER
FOR PUBLIC ASSEMBLY, EDUCATION, BUSINESS, MERCANTILE,
INSTITUTIONAL, STORAGE, AND RESIDENTIAL OCCUPANCIES, AS WELL
AS THOSE PORTIONS OF FACTORY AND INDUSTRIAL OCCUPANCIES, AS
WELL AS THOSE PORTIONS OF FACTORY AND INDUSTRIAL
OCCUPANCIES DESIGNED PRLBLARH,Y FOR HUMAN OCCUPANCY BY
REGULATING THEIR EXTERIOR ENVELOPES AND THE SELECTION OF
THEIR HVAC, SERVICE WATER HEATING, ELECTRICAL DISTRIBUTION
AND ILLUMINATING SYSTEMS AND EQUIPMENT FOR EFFECTIVE USE
OF ENERGY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, it has been determined by the City Council that there is an immediate need for adoption
of the 2011 Arkansas Energy Code, which provides minimum energy standards for the
design of new buildings and structures and additions to existing buildings; and
WHEREAS, notice of a Public Hearing was duly published and a Public Hearing was conducted by
the Van Buren Planning Commission; and
WHEREAS, the proposed adoption was recommended by a majority vote of the entire Planning
Commission.
NOW, THEREFORE, BE IT ORDALNED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: There is hereby adopted by the City Council of the City of Van Buren, Arkansas, for the
purpose of establishing rules and regulations for energy efficient standards for new
building construction, this code known as the 2011 Arkansas Energy Code, being
particularly the 2011 Arkansas Energy Code edition thereof and the whole thereof, save
and except such portions as are hereinafter deleted, modified, or amended, of which not
less than three (3) copies of this ordinance, as well as, three (3) copies of the 2011
Arkansas Energy Code, will be on file in the office of the Clerk or Recorder of the City
of Van Buren, Arkansas.
SECTION 2: The same is hereby adopted and incorporated as fully as if set out at length herein, and
from the date on which this code shall take effect, the provisions thereof shall be
controlling in the construction of all buildings Emd structures therein contained
within the corporate limits of the City of Van Buren, Arkansas.
SECTION 3: All Ordinances or parts of ordinances in conflict herewith are repealed to the extent of the
conflict. The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a provision
herein, is declared to be unconstitutional, inappropriate, or invalid by any court of
competent jurisdiction, such holding shall not invalidate or affect the remainder of this
Ordinance and to that extent the provisions hereto are declared to he severable.
SECTION 4: It is of the utmost urgency that the City of Van Buren, Arkansas, have an up- to-date
Energy Code to protect its citizens. Therefore, an emergency is declared to exist and this
Ordinance, being necessary for the preservation of the public peace, health and safety,
shall be in full force and take effect immediately upon and after its passage.
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 (7 against, tl egoing Ordinance at its regular meeting
held on the 19 of November, 2012.
tom.
Robert i. Freem..
nvnr�
ATTESTED: APR OVE,D TO FORM:
/t
rik
c.t,1
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 7 -1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR TFIE PURPOSE OF
REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, AND
FOR OTHER PURPOSES. The City Clerk read the Ordinance in its entirety. Alderman
Parker 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 City Clerk then read the Ordinance the second time.
Alderman Dodd moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Ragsdale. The council
followed with a unanimous vote. The City Clerk then read the Ordinance the third and final
time. The Mayor asked if there was any discussion. Alderman Moore made a comment
regarding the fact that all the property surrounding the property in question is zoned R -1. City
Planner Joe Hurst said that the Planning Commission met over two months and the first month
there were a lot of questions from the neighbors. The Planning Commission recommended the
developers meet with the land owners and neighbors to discuss the changes. They all came back
to the next month's meeting and all were in agreement with the new development. The Planning
Commission made their decision based on the approval of the neighbors.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Ragsdale and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Sagely, Parker, Moore, Ragsdale
and Dodd. 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 26 -2012
CITY 01' VAN BUREN, ARKANSAS
ORDINANCE NO. i -2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 (VAN
BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE
OF REZONING CERTALN PROPERTY IN•THE CITY OF VAN
BUREN, ARKANSAS, AMENDING THE ZONING MAP OF THE
CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the law of the State
of Arkansas, with all powers, authority and duties of a city of the first class; and
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van
Buren (Ordinance No. 7-1963); and
WHEREAS, a request has been made by M G Investments represented by Anderson
Surveying, Inc., to rezone certain property within the city limits of the City of
Van Buren;
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on
October 20, 2012, and a public hearing was conducted as required by law
14 -56 -422) on November 6, 2012; and
WHEREAS, as a result of this hearing, the Planning Commission has recommended that
certain property within the city limits of the City of Van Buren be rezoned from
its previous classification to the following:
ORDINANCE NUMBER 26 -2012 CONTINUED
Property Zoned New Zoning
R -1 (Single Family Residential District) R -3 (Multi- Family
Residential District)
PART OF THE NORTI -LEAST QUARTER (NE 'A) OF THE NORTHEAST
QUARTER (NE OF SECTION 19, TOWNSHIP 9 NORTH, RANGE 31
WEST, CRAWFORD COUNTY, ARKANSAS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at an EXISTING REBAR (ILLS #147) at the SW comer of LOT 26,
CEDAR KNOLL PLACE ADDITION to the City of Van Buren; thence North 87
Degrees 59 Minutes 30 Seconds East, along the South line of said addition,
225.63 feet to an EXISTING IRON PIN; thence South 01 Degrees 41 Minutes 13
Seconds East, 21.78 feet to a SET /f' REBAR; thence South 53 Degrees 01
Minutes 15 Seconds East, 151.15 feet to an EXISTING IRON PIN; thence South
04 Degrees 05 Minutes 17 Seconds East, 73.85 feet to an EXISTNG REBAR
(RLS #147); thence South 32 Degrees 12 Minutes 44 Seconds West, 69.33 feet to
an EXISTING IRON PN; thence South 87 Degrees 48 Minutes 37 Seconds
West, 204.08 feet to an EXISTING 1/2" REBAR (RLS 41272); thence North 00
Degrees 18 Minutes 30 Seconds West, 110.00 feet to a SET 1/2" REBAR; thence
South 87 Degrees 48 Minutes 37 Seconds West, 110.00 feet to an EXISTING
1/2" REBAR (RLS #1272); thence North 00 Degrees 18 Minutes 30 Seconds
West, 139.11 feet to the POINT OF BEGINNING Containing 1.49 acres, more or
less and being subject to existing Road Rights of Ways and any easements of
record
;and
WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire
Planning Commission, in accordance with A.C.A. 14 -56 -422.
NOW, TILEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT;
SECTION I: The above- described property is hereby rezoned from R -I to R -3 and the Van
Buren Zoning Map is amended to reflect this rezoning.
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 the foregoing Ordinance at its
regular meeting held on the 19 day of November, 2112.
4
..arm J..
Robert D. Fre
Mayor
ATTESTED: APPRZIF T.. TO FORM:
b --S_.1 Atl Ai -t-J
Barbie Curtis Candice Nettle
City Clerk/Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Parker
and seconded by Alderman Dodd to appropriate the sum of 1,040,663.76 to pay expenses and
salaries for October 2012, presented by the City Clerk. The Council followed with a unanimous
vote.
11 -01 -2012 0 9 5 7 AM C I Y O F V A N 0 J 8 0 0 9 0 0 1 1
TRIAL BALs.NCF
As OF: OCTOB0R 31ST. 2012
10 General Fund
00124 TO DATE YEAR TO DATE
ACCTO ACCOUNT NA :0 DEBITS 0900124 DEBITS CREDITS
ASSETS
i
1000 Petty Cash 0.00 200.00
I
4 1020 Cash in Bank 36,303.70 153,627.26
5 1020.03 Cash In Bank ASP'S &Walma=t Gra 0.00 0.00 1 O
E 1020.04 Veterans' Memorial -Act 934 0.00 121,923.30
1020.05 2009 Byrne Recovery Grant 0.00 3 4 7 7 2 5 3 3
I 1020.06 2009 Byrne Grant 0.00 0.00 1 9 7 7 0 9
1020.07 2007 Byrne Grant 0.00 0.00 1 g 7 2 1 0 4=
1020.08 Cash in Bank- Storm Damage 0.00 0.00
1020.09 District Gout Grant- mediation 0.00 25.00 886•70+
1020.10 Cash in Bank E9C 0.00 4,037.70 I 7 1 1 9 3 0 6
1020.11 Cash in Bank -KVBB 2,000.00 525.00 2 1 6 0 3 4
1020.12 Eme :9enty Management Enna 0.00 0.00 0 0 6
1020.13 Cash In Bank -ACS 833 0.00 52,779.02
020.14 Court Automation-District 1,577.50 89,066.64 1 0 S' 0 6S. J f .5
1020.15 Cash in Bank -ACT 1314 0.00 0.00
1020.16 AR Dept of Rural Services 0.00 0.00 0
1020.17 New Police Dept 0.00 35,000.00
1020.18 Cash in Bank PD Co Tax 365.99 54,094.05'
1020.19 Cash in Bank FD Co Tax 49,355.55 82,903.05
1020.20 Cash In Bank Erosion Control 25.00 11,325.00
1 6 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00
1020.27 Cash in Bank Levee 0.00 6,395.26
1020.23 Marina Repairs 0.00 10,865.39
1020.30 Field of Dreams Equipment 25.35 25.35
1 1020.31 Cash in Bank Parks 6 Rec 5,948.56 21,480.49
1020.32 GIF -Parks 6 Recreation 0.00 0.00
4 1 020.33 Cash in Bank -Yard Waste 7,134.59 107,299.67
1020.51 Cash in Bank Cemetery
2,392.78 2,908.04
1020.91 Cash in Bank Cap Imp 119,180.98 305,874.37
1040 Investments 0 -00 0.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.18 Investments Po Co Tax 0.00 0.00
1040,79 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks s Rec 0 -00 0.00
1040.51 Investments Cemete :y 0.00 38,752.59
1040.91 Investments Cap :mp 465.26 620,653.81
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 3.80 6.00
1 1540 Due From Library Fund 0,00 0.00
A L- A0ILITIW0 AND FOND BALANCE
2000 Accounts Payable 0.00 0.00
Next Police, Fire, Building Inspector, Engineer, Ambulance and District Court
Reports were presented for filing. There being no further questions or changes, the
reports were filed as submitted. City Clerk- Treasurer Barbie Curtis made a comment
noting that the reports submitted by our department heads are above and beyond those
submitted at other cities. Alderman Ragsdale and Mayor Freeman agreed.
Next on the agenda was Miscellaneous and General Discussion. The council had a
request from The Current Church to close streets on Friday, December 7, 2012 for their
community BBQ. Motion was made by Alderman Parker and seconded by Alderman Dodd to
grant their request. The council followed with a unanimous vote.
Mayor Freeman noted again that we received the Volunteer Community of the Year
Award again. Also, we had the recycling display up last week. There is a new facility that is
being funded by the solid waste district that will go over at the Van Buren Municipal Utilities. It
will begin accepting electronic waste, glass, and hazardous household materials. They will
hopefully be up and running by the first of the year. Also, on this subject, there will be some
changes coming for the compost facility run by the Van Buren Municipal Utilities. Rules from
the Department of Environmental Quality have changed as to what is considered "compost so
VBMU is shutting down the compost temporarily in order to chip up what compost is already
there. Some changes will need to be made in order to keep this facility open. It used to be
available for everyone, but now will only be available for Van Buren citizens. Also, the city has
made a commitment with VBMU to help in any way we can with chipping as long as we can
fund it.
Next, Mayor Freeman noted that in addition to all of the complex's energy upgrades we
are also looking at two more projects to be funded out of in house funds. First, to replace all the
insulation in the complex because of its age and possible mold issues. Second, for a little less
than $8,000, we are going to update all the period lighting around the complex to LED
technology. It will have a longer operational life as well as use about 25% of the energy as the
old incandescent lighting. All the fixtures will look the same; the guts will just be different.
We're going to monitor the complex lighting to see if the lighting is sufficient. If we're pleased
with them, then we may look at doing the same with the cemetery and eventually the down town
lights as well.
On another note, not regarding the energy grant, Mayor Freeman pointed out that the
wooden fence surrounding the Van Buren City Park is broken in parts and starting to became an
eye sore. With the council's nod of approval he'd like to get the fencing removed and replace
only up around the pavilion and play ground equipment with the black wrought iron fence, but
the rest will just be gone.
Next, Mayor Freeman brought up the draft noise ordinance that City Planner Joe Hurst
has been working on. It will be brought up for discussion in ordinance form at next month's
council meeting.
Mayor Freeman explained that due to the major projects coming up in the next year with
the new Police Station, Fire Station, and Senior Center construction that he's recommending to
not do a major overlay project in 2013, but to defer it to 2014. What he recommends for 2013 is
some small overlays that we know need to be completed, finishing Rena Road project,
signalization at 16` Street and Pointer Trail and also putting some funds into our other signals to
get them all operating the same.
Lastly, Mayor Freeman asked if we can have a special called council meeting on
Monday, December 3` at 6:30 p.m. strictly for budget discussion. No action will be taken at this
meeting, but so we can discuss items for budget approval at the regular December council
meeting.
There being no further business, motion was made by Alderman Dodd and seconded by
Alderman Parker to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 8:14 p.m.
ATTESTED: MTh 4O Ell:
\.eL C.�
CITY CLERK TREASURER MAY R