11 November 2013 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING NOVEMBER 18, 2013
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, November 18,
2013 at Van Buren Municipal Complex. The meeting was called to order by Mayor Freeman. On roll
call, the following Council members answered as their names were called: Alderman Moore, Ragsdale,
Dodd, Sagely, and Blake. Alderman Parker was absent. City Clerk- Treasurer Barbie Curtis and City
Attorney Candice Settle were present. This made a total of eight (8) present. A quorum was declared.
The invocation was given by Mr. Marvin Mendenhall, District 13 American Legion Commander.
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 21, 2013. Alderman Dodd made a motion to approve the minutes.
Alderman Sagely seconded the motion. On roll call, the following Council members voted aye:
Alderman Moore, Ragsdale, Dodd, Sagely, and Blake. The following voted nay: none.
1
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 PRUPOSES. 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 Moore, Ragsdale, Dodd,
Sagely, and Blake. 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 -2013
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I I 2013
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE EN I f1 LED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE
CTTY 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 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 $3,895.00 Decatur Gemi i+M bile Video PD -554
Camera IN WITNESS WHEREOF, the City of Van Bkansas, by its City Council, did pass,
approve, and adopt, bb a vote of 5 for and O agt a foregoing Resolut4. at its regular
meeting held on the 18 day of November 2013.
Roi D. Freeman
Mayor
ATTESTED: PRO o 0 lORM:
Barbie Curtis ce A. Settle
City Clerk/Treasurer City Attorney
1
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
Dodd seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely, and Blake. 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 -2013
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. It a-- 2013
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 ($100.00)
CHRISTMAS BONUS TO ALL FULL -TIME, NON ELECTED CITY
EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE.
III
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 1: 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 .taint, the foregoing Resolution
at its regular meeting held on the 18 day of November 1
Robert D. Freeman
Mayor
ATTESTED: MI" O D S TO FORM:
`6 OW a'ndice A. Settle
C ity C Curtis
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 07-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE 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
Ragsdale 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 Moore 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 clerk then
read the Ordinance the third and final time.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman
Ragsdale and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely, and Blake. 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 -2013
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. L 2013
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. 07-1963 (VAN
BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE 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.
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. 07- 1963); and
WHEREAS, a request has been made by Serenity Construction, LLC., represented by
Satterfield Land Surveyors, P.A., to rezone certain property within the city limits
of the City of Van Buren; and
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on
October 19, 2013, and a public hearing was conducted as required by law (A.C.A.
14 -56 -422) on November 5, 2013; 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:
Property Zoned New Zoning
R -2 (Two- Family Residential District) R -3 (Multi Family Residential District)
Legal Description:
Part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 9 North, Range 32 West,
Crawford County, Arkansas being more particularly described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter. Thence along the
West line of said Forty, North 02 degrees 47 minutes 47 seconds East, 213.32 feet to a point on the north
right of way line of Interstate 40 and south right of way line of Dora Road. Thence leaving said West line
along along said right of way line, South 71 degrees 10 minutes 50 seconds East, 70.00 feet to a set rebar
with cap. Thence leaving the north right of way line of Interstate 40 and along the south right of way line of
Dora Road, South 71 degrees 10 minutes 50 seconds East, 471.95 feet to a set rebar with cap. Thence
leaving said south right of way line, South 30 degrees 42 minutes 26 seconds West, 88.40 feet to a set rebar
with cap on the North right of way line of Interstate 40. Thence along said north right of way line the
following bearings and distances: North 68 degrees 08 minutes 31 seconds West, 355.80 feet to an existing
right of way marker. North 36 degrees 41 minutes 00 seconds West, 119.40 feet to the Point of Beginning,
containing 0.72 of an acre and subject to any Easements of Record, all according to survey by Satterfield
Land Surveyors P.A., Job No. 39,604, dated August 2, 2013.
;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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The above described property is hereby rezoned from R -2 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 J' for and 0 against the foregoing Ordinance at its
regular meeting held on the 1 1 th day of November 2013.
0
Robert D. Fr an N
Mayor
ATTESTED: i; "i FORM:
�.6CL/LPM.( A
C e st
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE REPEALING ORDINANCE
NO. 20-1993, AND DESIGNATING NEW PLANNING AREA BOUNDARIES WITHIN A
ONE -MILE PERIMETER OF THE CITY LIMITS OF THE CITY OF VAN BUREN,
ARKANSAS, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance in its
entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on
its second reading. The motion was seconded by Alderman Blake. The council followed with a
unanimous vote. The 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 Clerk then read the Ordinance the third and final time. The Mayor then put the
question, "Shall the Ordinance pass Motion was made by Alderman Ragsdale and seconded by
Alderman Blake to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Moore, Ragsdale, Dodd, Sagely and Blake. 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 Moore,
Ragsdale, Dodd, Sagely and Blake. 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 15 -2013
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. N 2013
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE REPEALING ORDINANCE NO. 20-1993, AND
DESIGNATING NEW PLANNING AREA BOUNDARIES WITHIN
A ONE -MILE PERIMETER OF THE CITY LIMITS OF THE
CITY OF VAN BUREN, ARKANSAS, AND DECLARING AN
EMERGENCY.
WHEREAS, the state of Arkansas has modified A.C.A. 14 -56 -413 which provides for a
municipalities' authorized planning area boundary from a five mile perimeter to a
one mile perimeter of the city limits of incorporated cities and towns; and
WHEREAS, the City of Van Buren's previous planning area boundaries extended five miles
from its city limits pursuant to A.C.A. 14- 56-413 and it is necessary to amend
the City of Van Buren's planning area to be incompliance with the amendments to
A.C.A. 14 -56 -413; and
WHEREAS, under the authority of A.C.A 14- 56-412 and A.C.A 14 -56 -413, as amended,
the City of Van Buren is changing its planning area from five miles to one mile;
and
WHEREAS, the Planning Commission has designated the area within the territorial
jurisdiction to be included within the planning authority of the City of Van Buren
in accordance with A.C.A. 14 -56 -413.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT
SECTION 1: Effective with the passage of this ordinance, the planning area boundaries for the
City of Van Buren, Arkansas, shall be a one mile perimeter of said city limits, as
set out in the Planning Area Map attached hereto and incorporated herein by
reference, and more particularly described in the legal description attached hereto.
A copy of said map shall be kept on file at the office of the Van Buren City Clerk
and the County Recorder.
SECTION 2: If it should be determined that there is a discrepancy between said map and the
one mile perimeter, the map shall be the final authority of the location of the
planning area boundary.
SECTION 3: The City of Van Buren hereby adopts all state laws and regulations concerning
the enforcement of activities within its planning area boundaries.
SECTION 4: Any prior ordinances in conflict with the provisions of this Ordinance, and
specifically, Van Buren Ordinance No. 20 -1993, are hereby repealed.
SECTION 5: In order to protect the health, safety, and welfare of the citizens of Van Buren,
Arkansas, an emergency is hereby declared to exist and this Ordinance shall take
full force and effect upon 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 0 against the foregoing Ordinance at its
regular meeting held on the 18 day of November 2013.
Robert D. Freeman
Mayor
ATTESTED:
y A' OVED AS TO FORM:
ES
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
ti
Next on the agenda were Boards and Commissions. Mayor Freeman recommended Mr. Dustin
Booth, local State Farm Agent, to be appointed to the Van Buren Levee Board. He will be filing a vacant
position on the board. Alderman Ragsdale seconded by Alderman Sagely 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 Dodd and
seconded by Alderman Moore to appropriate the sum of 968,579.22 to pay expenses and salaries for
October 2013, presented by the City Clerk. The Council followed with a unanimous vote.
11 -12 -2013 11:15 AM C I T Y OF VAN B U R E N PAGE: 1
TRIAL BALANCE
AS OF: OCTOBER 31ST, 2013
10 General Fund
MONTH TO DATE YEAR TO DATE
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 10,618.05 443,087.97
1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00
0
1020.03 Cash In Bank ASP's6Walmart Gra 0.00
0.00
1020.04 Veterans' Memorial -Act 934 0.00 276.00
1020.05 2009 Byrne Recovery Grant 0 0.00 6 2 7 6 i 7 2 y
1020.06 2009 Byrne Grant 0.00 0.00 i 7 0 i7
1020.07 2007 Byrne Grant 0.00 0.00 9 C '9
1020.08 Cash in Bank- Storm Damage 0.00
0.00
1020.09 District Cout Grant Mediation 0.00 25.00
1020.10 Cash in Bank HDC 0.00 7,032.67 5 5 J
1020.11 Cash in Bank -KVBB 0.00 2,768.92 5 7
1020.12 Emergency Management Fund 0.00 0.00 2 5
1020.13 Cash In Bank ACT 833 0.00 54,299.60 T
1020.14 Court Automation District 2
15].62 87,273.5]
1020.15 Cash in Bank -ACT 1314 0.00 0.00 "0 O
1020.16 AR Dept of Rural Services 0.00 0.00 17 i i t
1020.17 New Police Dept 0.00 31,750.00
1020.18 Cash in Bank PD Co Tax 16,102.68 98,340.24
1020.19 Cash in Bank FD Co Tax 21,036.02 168,156.57
1020.20 Cash In Bank Erosion Control 275.00 13,925.00
1020.21 Cash in Bank CPAcademy 0.00 761.22
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
1020.27 Cash in Bank Levee 650.00 8,495.26
1020.28 Marina Repairs 0.00 10,495.60
4
1020.29 Property Maintenance -Scrap 0.00 63.25
1020.30 Field of Dreams Equipment 0.00 780.14
1020.31 Cash in Bank Parks 6 Rec 0.00 1,837.47
1020.32 GIF -Parks 6 Recreation 0.00 0.00
1020.33 Cash in Bank -Yard Waste 2,546.74 170,549.64
1020.51 Cash in Bank Cemetery 494.23 3,678.62
1020.91 Cash in Bank Cap Imp 86,609.48 201,444.88
1040 Investments 0.00 0.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks 6 Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 38,752.59
1040.91 Investments Cap Imp 152.95 372,323.29
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 0.86 0.86
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
Next Police, Fire, Building Inspector, 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. The council had several requests
to close streets for various events. Mayor Freeman announced that Mad Possum Productions is currently
working on a documentary featuring the King Opera House. They have been filming for the past couple
of months and need two exterior shots. This will require street closings on Main Street at the end of the
December. Motion was made by Alderman Dodd and seconded by Alderman Blake. The council
followed with a unanimous vote. Next, the Current Church asked for street closings for events being
held on November 22, 2013 and December 20, 2013. The first event will be the annual Community
Thanksgiving Cookout Celebration and the second event will be the annual Christmas Cookout
Celebration. Both event dates will require the closing of the 400 block of Vine Street. Motion was made
by Alderman Ragsdale and seconded by Alderman Sagely. The council followed with a unanimous vote.
Debria Cherry, with the Area Agency on Aging, gave her report and requested the City continue
the $4,000.00 donation for 2014 in the budget process. Everyone was also made aware that another light
pole for 28 Street was ordered. John Pope explained that the Recycle Day went extremely well.
There being no further business, motion was made by Alderman Moore and seconded by
Alderman Blake to adjourn. The Council followed with a unanimous vote. The meeting adjourned at
7:40 p.m.
ATTESTED: eu,bre_a; A' PR 1 VED:
CITY CLERK TREASURER MAYOR