04 April 2014 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING APRIL 21, 2014
The City Council of the City of Van Buren, Arkansas met at 6:30 p.m. Monday, April 21,
2014 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, Blake,
Moore, Ragsdale, Dodd and Sagely. City Clerk- Treasurer Barbie Curtis and City Attorney
Candice Settle were present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Celeste Lewis, of CASA of Crawford County.
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 17, 2014. Alderman Parker made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The following voted nay: none.
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR A COMPREHENSIVE PARKS AND
RECREATION PLAN FOR 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 introduced members of the CEI /Alta Planning team.
Alderman Parker asked if there would be any evaluation of our current parks or if this was just
for new parks such as the Veteran's Park and our newly donated land. Erin Rushing with CEI
responded that they will be looking at all the current city parks and green spaces that have the
potential to be parks. Alderman Blake asked if there will be any town hall meetings in order to
get feedback from our citizens. Mr. Rushing replied yes. Mayor Freeman recapped that it will be
an inventory of what we currently have as well as what our potentials are and that town hall
meetings will be called in order to hear our citizen's desires. Alderman Blake asked if the
$50,000 was some kind of preliminary on some of the stuff CEI was going to suggest. Mr.
Rushing replied no, this amount was the maximum for a ten year plan with two year increments.
Alderman Parker voiced that she thought the plan detail would already be laid out for them.
Mayor Freeman responded no and Mr. Rushing detailed that what we receive will be a planning
level document and when we get to where we want to refine something then we will move into a
separate more detailed construction element phase. Alderman Dodd asked if any grant money
could be used to cover the cost of these services. Mayor Freeman replied that our current state
grant does not cover these services, but we do have bond money that we can use for a potion of
this. Alderman Blake made the comment that CEI should have grant contacts and will be able to
help guide us through this. Mr. Rushing agreed that there are some. Dennis Blind with Alta
Planning said having a master park plan in place will open up a lot of doors for supplemental
funding later on. City Planner, Joe Hurst, agreed that having a master plan in most cases is a
prerequisite for applying for grants and in having this done now, will expedite that process.
Alderman Parker clarified that this was a great plus in applying for grants. Mayor Freeman said
it also gives us a road map with where we are headed regarding our parks and recreation.
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 Blake, Moore,
Ragsdale, Dodd, Sagely and Parker. 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 -1 -2014
RESOLUTION 4 -1 -2014 CONTINUED
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. L 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT FOR A COMPREHENSIVE
PARKS AND RECREATION PLAN FOR THE CITY OF
VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas desires to make park and recreation
improvements within the City, and in order to commence the projects the City is
in need of professional services for the development of plans and designs, and
supervision for said projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A with CEI
Engineering Associates, Inc. to provide engineering services for the planning and
design of a Comprehensive Parks and Recreation Plan. Payment for such
engineering services and reimbursable expenses shall not exceed $50,000.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of ___)for and 0 against, the foregoing Resolution at its regular meeting
held on the 21" of April 2014.
4
Robert D. eeman
Mayor
ATTESTED: I VE 1 O FORM:
Cup,, J►
Barbie Curtis Candice 1111. e
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 Parker seconded by Alderman Moore moved that the
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. 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 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I oC 2014
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, 2014.
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 jg for and 0 against, the foregoing Resolution at its
meeting held on the 21 day of April 2014.
Ro.ert 1. Freeman
Mayor
ATTESTED: 1 FORM:
8 01Ati,L12 -'i 1 A--LL a) Barbie Curtis Candice A. Settle
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 discussed a possible planning conference coming to the area
around June. He also stated that we have not received the final report from the Corps of
Engineers, but we do have the draft reports. Mayor Freeman strongly supported the continued
assistance the city gives to this organization. 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 Blake, Moore, Ragsdale, Dodd, Sagely and Parker. 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 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. A 2014
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 THE 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 2014 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 $50,000.00 as the city's equal share for continued operations of
RITA.
IN WITNESS WHEREOF, the Ci of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and U against, the for... a Resolution at its regular on the 21 day of April 2014.
gular meeting
Ro.ert l. Fr an
Ma or
ATTESTED: P i FORM:
c rbie iftUdidLttAA,
Barbie
Can:. e '111•11r
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION OF A NEW
SENIOR CENTER. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. Mayor Freeman explained that the majority of the funding for this
project will come out of the bond fund, about a half million will come from FEMA, and then
next year the council will address the completion to be paid out of General Fund and Capital
Improvements. He also stated that with our current cash flow he doesn't see any issues with that
and our worst case scenario would be that we have to borrow money under the constitution. He
stated that in his opinion, what is so important about the senior center is not just about having a
facility for our senior citizens, but also having a safe room in an area where we don't have one, a
kitchen area for our Meals on Wheels program, and a disaster center in the event we would ever
need one. Alderman Blake wanted a little more information about the funding. He asked how far
over budget both the senior center and police department projects will be after we use the bond
money. Mayor Freeman replied that we are probably close to a million dollars over between the
two projects, but we are also about a million over in cash than we were this time last year. He
further explained that we carried over about a half million from last year that did not include a
$250,000 surplus in our LOPFI fund as well as 1.5 million that we have in our capital
improvement fund. Again the mayor stated that we do have the option to borrow, just as we did
with the Rena Road project, in order to keep us out of a financial crunch. Alderman Parker
seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and
Parker. 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 -2014
RESOLUTION 4 -4 -2014 CONTINUED
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I t 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT FOR CONSTRUCTION OF A
NEW SENIOR CENTER.
WHEREAS, Crawford Construction Company acting as the Construction Manager for the
City of Van Buren, Arkansas has advertised for bids for construction of a new
senior center within the City; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
low bidders meeting the bid specifications have been determined.
NOW, THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECS The Mayor and City Clerk are hereby authorized to enter into a construction
contract with Crawford Construction Company in the amount not to exceed
$3,126,612.32 (exhibit "A and to pay all expenses relating to this project.
IN WITNESS WHEREOF, the Ci of Van Buren, Ar
did pass, approve, and adopt, by a vote of for and 4. aga tIlSt' o go n gy Council
at its regular meeting held on the 21S day of April 2014' the foregoing Resolution
41111 0
Robert D. -s
Mayor
ATTESTED:
RO iligil 0 I RM:
CA j
O. I 1 V/ i li
Barbie Curtis
Candice A. Settle
City Clerk/Treasurer
City Attorney
On the agenda next was a public hearing for tax liens. There were no parties in
attendance and no issues heard.
On the agenda next was to consider A RESOLUTION APPROVING AMOUNTS OF
LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR
AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING
EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN
BUREN; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. There was none. 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 Blake, Moore, Ragsdale, Dodd, Sagely and Parker.
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 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 'S -5_ 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENIIILED:
A RESOLUTION APPROVING AMOUNTS OF LIENS TO BE CERTIFIED TO
THE CRAWFORD COUNTY TAX COLLECTOR AGAINST CERTAIN REAL
PROPERTIES AS A RESULT OF GRASS CUTTING EXPENSES AND
ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN BUREN; AND
FOR OTHER PURPOSES.
WHEREAS, in accordance with Ark Code Ann. 14 -54 -901, the City of Van Buren has corrected
conditions existing on certain lots or other real property within the City of Van Buren and
is entitled to compensation pursuant to Ark Code Ann. 14 -54 -904; and
WHEREAS, state law also provides for a lien against the subject properties, with the amount of lien to
be determined by the City Council at a hearing held after notice to the owner thereof by
certified mail or publication (see Exhibit "A" attached hereto), with said amount (plus a
ten percent collection penalty) to be thereafter certified to the Crawford County Tax
Collector; and
WHEREAS, a hearing for the purpose of determining such liens has been set for 7:00 p.m. on April
21, 2014 in order to allow service of the attached notice of same upon the listed property
owners, by certified mail or publication as is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1. After notice to property owners, a public hearing was held at 7:00 p.m. on April 21, 2014,
for the purpose of determining the amount of liens, if any, to be filed against certain real
property as the result of grass cutting and abatement of other nuisances by the City of
Van Buren.
SECTION 2. After said public hearing the amounts listed on Exhibit "A" are hereby certified and are
to be forwarded to the Crawford County Tax Collector.
SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval.
IN TESTIMONY WHERROF, the City of Van B kansas, by its City Council, did pass,
approve, and adopt, by a vote of for and O against, .::ping Resolution at its regular meeting
held on the 20 day of April 2014.
9
ib -Wilk
Robert D. F eman
M
ATTE TED: AP
hit. /lift
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION TO AMEND RESOLUTION
02 -06 -2013 TO AUTHORIZE THE MAYOR TO EXECUTE AN ADDENDUM TO THE
ENGINEERING CONTRACT FOR THE 16 STREET AND POINTER TRAIL
TRAFFIC SIGNALIZATION AND IMPROVEMENT 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 stated that this
will be the final payment to close out the engineering portion of this project and that this is not
the final payment for the contractor's portion as we are still in discussion with them about that
final payment. Alderman Ragsdale seconded by Alderman Parker moved that the Resolution be
adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake,
Moore, Ragsdale, Dodd, Sagely and Parker. 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 -2014
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 4 (0 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AMEND RESOLUTION 02 -06 -2013
TO AUTHORIZE THE MAYOR TO EXECUTE AN ADDENDUM
TO TH.E ENGINEERING CONTRACT FOR THE 16 STREET
AND POINTER TRAIL TRAFFIC SIGNALIZATION AND
IMPROVEMENT PROJECT; APPROPRIATING ADDITIONAL
FUNDS; AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas pursuant to Resolution No. 2 -6 -2013 entered
into a contract dated February 26, 2013, for McClelland Engineers Consulting, Inc., to
perform certain engineering services relative to the 16 Street and Pointer Trail Traffic
Signalization and Improvement Project; and
WHEREAS, additional engineering services were necessary to facilitate the design of the project that
necessitated increasing engineering fees by $15,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 McClelland Engineers Consulting, Inc., to modify the original
February 26, 2013, 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 $15,000.00 in additional engineering fees and
expenses for the 16 Street and Pointer Trail Traffic Signalization and Improvement
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 Bure i Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of _jfor and 0 ag. e foregoing Resolution at its
regular meeting held on the 21' day of April 2014.
Ro•ert D.Fre
Ma or
ATTESTED: APPR I D AS 0 FORM:
Gk /A11►
Barbie Curtis cceA. Settle II
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE REPEALING ORDINANCE
NO. 18 -2009 AND DECLARING SOLICITATION OF DONATIONS ON CITY
STREETS OR RIGHT -OF -WAYS TO BE PROHIBITED; IMPOSING FINES FOR
VIOLATIONS OF THIS ORDINANCE, DECLARING AN EMERGENCY, 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 Sagely. 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 Parker asked for clarification that
soliciting of donations in city streets is now prohibited and no permit will be issued from the
clerk's office. Police Chief, Kenneth Bell, asked the mayor to explain to the council that signs
still may be held for fundraising on sidewalks or private property but they cannot be in the Right
of -ways or street.
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 Blake, Moore, Ragsdale, Dodd,
Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Ragsdale and seconded by Alderman Blake, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. 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 3 -2014
CITY OF VAN BURN, ARKANSAS 1 SECTION 1:Repeal of Conflicting Ordinances. That fund raising and solicita-
ORDINANCE NO. 3 2014 tion of donations on city streets or rights -of -ways within the City of Van Bu-
BE IT ENACTED BY THE CITY COUNCIL, FOR. THE CITY OF VAN BUREN, AR- ren is prohibited and Ordinance No 18 -2009 is hereby repealed in its entire=
KANSAS, AN ORDINANCE TO BE ENTITLED: ty. All other ordinances, resolutions, or other act of the City in conflict with
AN ORDINANCE REPEALING ORDINANCE NO. 18 -2009 AND DECLARING SO- the terms hereof are hereby repealed to the extent of any such conflict.
LICITATION' OF DONATIONS ON CITY STREETS OR RIGHT -OF- WAYS TO B i SECTION 2:Prohibited Conduct. That no person shall walk upon, extend any
PROHIBITED;' IMPOSING FINES FOR VIOLATIONS OF THIS ORDINANCE, DE device into or otherwise encroach upon any public right-of-way within the
CLARING AN EMERGENCY, AND FOR OTHER PURPOSES: corporate limits of the city for the purpose of soliciting a contribution, offer
WHEREAS, the City of Van Buren previously enacted Ordinance No 18 -2009 ing a gift of any item or offering the sale of any item to any pedestrian or oc-
which provided for the regulation of fund raising or solicitation on city cupant of any motor vehicle being operated on such public right -of -way.
streets or rights- of:ways; and SECTION 3:Penalty. Any person or entity violating any provision of this sec
WHEREAS, the City Council of the City of Van Buren has determined since tion upon conviction therefore, shall be subject to a fine or penalty of not
the enactment of Ordinance No 18 -2009 that having individuals on city less than $50.00 and not more than $250.00 per occurrence.
streets and right -of -ways creates a hazardous circumstance both to the indi- SECTION 4 :Allowed Conduct. Nothing herein is intended to prohibit non
vidual fundraising or soliciting funds and to drivers on the road way and profit groups, youth organizations or like association or entities from hold
that the nuisance and dangers posed by fund- raising and solicitation of don- ing up signs for car washes, cookie sales, etc. off the streets or rights -of
ations on city streets or rights -of -ways constitute a grave threat to the ways on public or private sidewalks, and/or on private property.
health, safety and welfare of the citizens of the City of Van Buren; and SECTION 5 :Severability. The various provisions and parts of this Ordinance;
WHEREAS, the promulgation and adoption of this Ordinance is made pur- are hereby declared to be severable, and if any section or part of a section„
suant to the police` powers of the City of Van Buren to ensure the health, or any provision or part of a provision herein, is declared to be unconstitu-
safety and welfare of the citizens of Van Buren; and tional, inappropriate, or invalid by any court'of competent jurisdiction, such
the City Council of Van Buren has found that the purposes herein holding shall not invalidate or affect the remainder of this Ordinance and to''
require immediate attention to prevent injury and to protect the health, wel- that extent the provisions hereto are declared to be severable.
fare and safety of the inhabitants of the City of Van Buren, and therefore, SECTION 6 :Emergency Clause. The Van Buren City Council has determined
an emergency is declared to exist, and this Ordinance shall be and become that an emergency exists and that the immediate adoption and enforcement
effective immediately upon its passage and adoption by the City Council. of this Ordinance being necessary for the public peace, health, safety and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF welfare, the provisions hereof shall be in full force and effect from and after
VAN BUREN, ARKANSAS: its passage:
IN WITNESS WHEROF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of for and against, the fore-
going Ordinance at its regular meeting held on the 21st day of April 2014.
Robert D. Freeman
Mayor
Attested: Barbie Curtis, City Clerk- Treasurer,
Approved As To Form: Candice A. Settle, City Attorney
Published in the April 23, 2014 issue of the Press Argus- Courier.
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE THE PURCHASE OF REPLACEMENT FIREFIGHTER
BUNKER GEAR FROM G W DIESEL, DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES. The City Clerk read the Ordinance in its entirety. Alderman Moore
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 Ragsdale moved that the rules be further suspended and the Ordinance placed
on the third and final reading. The motion was seconded by Alderman Moore. The council
followed with a unanimous vote. The City 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 Dodd and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd,
Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman 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 Blake, Moore, Ragsdale, Dodd, Sagely and Parker. 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 4 -2014
ORDINANCE NUMBER 4 -2014 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 'T 20I4
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE OF REPLACEMENT
FIREFIGHTER BUNKER GEAR FROM G W DIESEL,
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren Fire Department responded to a fire at Simmons Foods
involving food processing liquid resulting in the destruction of ten sets of
firefighter bunker gear and boots; and
WHEREAS, Simmons Foods has reimbursed the City for the cost of said equipment; and
WHEREAS, the availability of said equipment is severely limited; and
WHEREAS, the purchase of said equipment must be completed immediately; and
WHEREAS, the City has a quote from G W Diesel for the equipment that meets the
requirements for the amount of 820,224.65 to include applicable taxes; and
WHEREAS, the City Council has determined, pursuant to A.C.A. 14 -58 -303 that exceptional
circumstances exist which render the competitive bidding process to not be
practical or feasible, specifically due to the delay involved in the bidding process
and lack of suppliers available to meet the equipment requirements.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City of Van Buren, Arkansas has an immediate need to purchase the
equipment
SECTION 2: Said equipment will be purchased from G W Diesel of Memphis, Tennessee for
the total sum of 820,224.65.
SECTION 3: The City Council in accordance with the terms of A.CA. 14 -58 -303 hereby
waives the requirement of competitive bidding and directs the Mayor to purchase
the above described equipment for the price set forth in Section 2 above.
SECTION 4: It is further found that due to the immediate need to acquire this equipment an
emergency is declared to exist and this Ordinance being necessary for the
preservation of the public health, safety, and welfare, it shall take effect from and
after its passage and approval.
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to execute all documents, contracts, and agreements necessary to
effectuate this Ordinance.
SECTION 6: 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 be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of Q for and 0 against, the foregoing Ordinance at its
regular meeting held on the 21 day of April 2014.
111 4
Mayor
ATTESTED: APP J TO FORM:
1/671• a
Barbie Curtis Candice A. Se
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO ADOPT THE MOST
CURRENT ARKANSAS FIRE PREVENTION CODE; TO AMEND VAN BUREN'S
FIRE PREVENTION CODE ORDINANCE NO. 31-2008; AND FOR OTHER
PURPOSES. The City Clerk read the Ordinance in its entirety. Alderman Sagely 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 City Clerk
then read the Ordinance the second time.
Alderman Parker 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Parker and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd,
Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 5 -2014
ORDINANCE NUMBER 5 -2014 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ADOPT THE MOST CURRENT
ARKANSAS FIRE PREVENTION CODE; TO AMEND VAN
BUREN'S FIRE PREVENTION CODE ORDINANCE NO. 31-2008;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has previously adopted, and currently enforces the 2007
International Fire Code, pursuant to Ordinance No. 31 -2008 (Van Buren
Municipal Code Chapter 11.20); and
WHEREAS, the Arkansas Fire Prevention Code, 2012 Edition, Volumes I, II, and III, and
referenced codes therein, based on the 2012 International Fire Code has been
developed; and
WHEREAS, the City Council of the City of Van Buren has determined that it is appropriate,
and in the best interest of the citizens of Van Buren for the city to adopt this code
in order to facilitate proper inspection and enforcement activities within the City
relating to:
A. The regulation and governing of the safeguarding of life and property
from fin and explosion hazards arising from the storage, handling and use
of hazardous substances, materials and devices, and from conditions
hazardous to life or property in the occupancy of buildings and premises in
the City;
B. The regulation of the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location,
maintenance, removal, and demolition of every building or structure or
any appurtenances connected or attached to such buildings or structures;
within the City;
C. The proper inspection activities relating to the design, construction,
quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use, or maintenance of ono- and two-
family dwellings and townhouses, and other buildings, structures, and
premises; providing for the issuance of permits and collections of fees
therefore;
D. The regulation, in order to promote the public safety, health and general
welfare, the structural strength, means of egress, stability, sanitation,
adequate light and ventilation, energy conservation, workmanship, and
safety to life and property from fire and other hazards attributed to the
built environment; and
WHEREAS, Arkansas Code Annotated 14-55 -207 allows for the adoption of technical
codes, such as the Arkansas Fire Prevention Code, by reference; and
WHEREAS, the City Council of the City of Van Buren adopts this Ordinance under the
authority of Arkansas Code Annotated 14-55 -101, 14-55 -501, 14-56 -201,
and 14-56 -202; and
WHEREAS, the revised Fire Prevention Code hereto was reviewed by the Van Buren
Planning Commission, and upon notice of a public bearing and publication, was
set for a public hearing, conducted by the Commission, in accordance with state
law; and
WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were
recommended by a majority vote of the entire Planning Commission.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1; The 2012 Edition of the Arkansas Fire Prevention Code is, and has been prior to
adoption, on file in the office of the City Clerk.
SECTION 2: Subject to the provisions of A.CA 14-55 -207, the 2012 Edition of the Arkansas Fire
Prevention Code is hereby adopted by reference for the City of Van Buren as though set
out herein word for word.
SECTION 3: Severability: 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 be severable.
SECTION 4: Code Application: Permits obtained prior to the effective date of this ordinance
will be enforced under the previous code until final disposition of the permit
SECTION 5: Repealer: All laws, ordinances, resolutions, or parts of same that are inconsistent
with the provisions of this ordinance are hereby repealed to the extent of such
inconsistency.
IN WITNESS WHEREOF, the City of Van Buren, by its City Council, did pass,
approve, and adopt, by a vote of for and B against, the fore r inane at its regular meeting
held on the 21` day of April 2014. t+
dhi
Mayor
A STED: 'PRyb. 'ORM:
Barbie Curtis I1!. 1
City Clerkareasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd
and seconded by Alderman Parker to appropriate the sum of 1,066,090.50 to pay expenses and
salaries for March 2014, presented by the City Clerk. The Council followed with a unanimous
vote.
1 4 j 1 4 -04 -2014 03:15 PM C I T Y OF VAN B U R E N PAGE: 1
1I �p TRj9.1...Mkt!eW
AS OF: MARCH 31ST, 2014
10 General Fund
MONTH TO DATE 'f YEAR TO DATE
I', ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
11
ASSETS
1 11 1000 Petty Cash 0.00 200.00
iI 1020 Cash in Bank 96,231.63 377,841.27
II
1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00 0•*
l 1020.03 Cash In Bank- ASP's &Walmart Gra 0.00 0.00
1 1020.04 Veterans' Memorial -Act 934 0.00 6,276.00
871
1020.05 2009 Byrne Recovery Grant 0.00 4,300.00
1020.06 2009 Byrne Grant 0.00 0.00 1 730-22+
I 1020.07 2007 Byrne Grant 0.00 0.00 106
1020.08 Cash in Bank- Storm Damage 0.00 0.00 1,317•95+
I 1020.09 District Cout Grant Mediation 0.00 25.00
81
1020.10 Cash in Bank HDC 0.00 3,042.67
1020.11 Cash in Bank -KVBB 0.00 2,768.92 113•59+
r pi 1020.12 Emergency Management Fund 0.00 0.00 006
1020.13 Cash In Bank -ACT 833 20,515.12 91,220:68 1,0661090•50*
1020.14 Court Automation District 1,522.50 89,474.42
II 1020.15 Cash in Bank -ACT 1314 0.00 0.00
1..� 1020.16 AR Dept of Rural Services 0.00 0.00
1020.17 New Police Dept 0.00 31,750.00
II 1020.18 Cash in Bank PD Co Tax 21,499.60 196,004.07
II 1020.19 Cash in Bank FD Co Tax 10,317.24 264,927.56
1020.20 Cash In Bank Erosion Control 50.00 14,500.00
i 1020.21 Cash in Bank CPAcademy 0.00 520.66
1020.22 Cash In Bank -PEG Grant 0.00 10,000.00
j 1020.27 Cash in Bank Levee 0.00 8,495.26
i
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance -Scrap 0.00 63.25
1 1020.30 Field of Dreams Equipment 0.00 1,198.34
1 1020.31 Cash in Bank Parks Rec 1,164.38 371.34
1020.32 GIF 8,390.86 11,204.36
A
1020.33 Cash in Bank -Yard Waste 4,919.24 192,500.55
1020.51 Cash in Bank Cemetery 79.90 3,718.28
1 1020.91 Cash in Bank Cap Imp 108,997.57 538,777.97
1 1040 Investments 0.00 0.00
I 1040.10 Investments Sales Tax City 0.00 0.00 1
1 1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1 1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 38,752.59
1040.91 Investments Cap Imp 143.05 373,094.08
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 2.86 0.00
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
9
1
Next Police, Fire, Building Inspector, Engineering, and Ambulance Reports were
presented for filing. There being no further questions or changes, the reports were filed as
submitted. Alderman Parker commented that she was elated to see in the Public Works
report that the Rena Road project was complete.
Next on the agenda was Miscellaneous and General Discussion. The council had a
request from First Baptist Church to close streets for their annual Vacation Bible School from
June 9 -13, 2014. Motion was made by Alderman Sagely and seconded by Alderman Ragsdale to
approve the request. The council followed with a unanimous vote.
Alderman Parker made a motion that the council publically support the Crawford County
jail sales tax. Motion was seconded by Alderman Ragsdale. All members of the council were in
favor.
There being no further business, motion was made by Alderman Parker and seconded by
Alderman Ragsdale to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 8:00 p.m.
ATTESTED: 1 VED:
A1A-11-4.0_) 0 AA -4V-, 1 1111W
CITY CLERK TREASURER MAYOR