02 February 2018 Regular M NTJTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING FEBRUARY 26,2018
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday, February
26, 2018 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: Council Member Wood,
Sparkman, Kneeland, Petty, Moore and Swaim. City Clerk-Treasurer Phyllis Thomas and City
Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was
declared.
The invocation was given by Cpl. Jonathan Wear, Van Buren Police Department's 2018
Officer of the Year.
Cpl. Wear then led the Pledge of Allegiance.
Mayor Freeman then made his State of the City Address.
Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on
January 22, 2018. Council Member Petty made a motion to approve the minutes. Council
Member Wood seconded the motion. On roll call,the following Council members voted aye:
Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman. The following voted
nay: none.
Next, Mayor Freeman asked to adopt the minutes of the Special Called Council Meeting
on February 1, 2018. Council Member Swaim made a motion to approve the minutes. Council
Member Kneeland seconded the motion. On roll call,the following Council members voted aye:
Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman. The following voted
nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING PUBLIC RIGHTS-OF-WAY AND AN
ALLEYWAY IN THE MEYER'S ADDITION; INSIDE THE CITY OF VAN
BUREN, CRAWFORD COUNTY,ARKANSAS. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Council
Member Swaim seconded by Council Member Moore moved that the Resolution be
adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council
Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman.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 2-1-2018-A
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO..2 - / -2018—A
BE iT ENA1hI BY lift CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTIILED:
A RESOLUTION SETTING A PUBLIC BEARING DATE FOR
ABANDONING PUBLIC RIt,a1S-OF-WAY AND AN ALLEYWAY IN
THE MEYER'S ADDITION; INSIDE FEIN CITY OF VAN BUREN,
CRAWFORD COUNTY,ARKANSAS.
WHEREAS, Larry Breeden has petitioned the City Council of Van Buren,Arkansas to abandon the
public rights-of-way and alleyway along certain lots inside the Meyer's Addition more
particularly described as follows:
Description of Existing Ridrts-of-Way and Alleyway
All that part of the platted right-of-way of Lee Street lying between South 134
Street and Block"M",Meyer's Addition,and all that part of the right-of-way of
South 144 Street lying between Virginia Street and the South line of Meyer
Reserve between Blocks"K","L",and"M".All of the right-of-way of South
15a Street between Virginia Street and Meyer Reserve.All that part of a Platted •
15.00 foot alleyway lying between lots 1 through 12,Block"M",within Meyer's
Addition to the City of Van Buren,Arkansas;
and
WHEREAS, all of the property owners and adjacent property owners being affected by this right-of-
way and alley abandonment have consented by signed petition;and
WHEREAS, the City Council of Van Buren,acting under the authority of ACA. 14-199-103 and
ACA.14-301-302,has the authority to abandon public rights-of-way and alleyways or
segments thereof
' I
NOW,THEREFORE,BE IT RESOLVED BY 111:11,CITY COUNCIL OF 1'HL CITY OF
VAN BUREN,CRAWFORD COUNTY,ARKANSAS,THAT:
SECTION 1: A Public Hearing is set for 264 day of March 2018,at 5:30 PM in the Van Buren City
Council Room,at which time said Petition shall be presented to the City Council and the
City Council will determine at that time if such portion of said public rights-of-way and
alleyway should be abandoned and that all affected property owners and other persons
directly interested have consented to such abandonment.
SECTION 2: The City Clerk of Van Buren,Arkansas,is hereby directed to give notice by publication
once a week for two consecutive weeks in'some newspaper, published in Crawford
County,advising the property owners and others affected, of said date and time the
Council will hear said Petition.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of 6 for and U against,the fore esolution at its regular meeting
held on the 26th day of February 2018.
• Robert D.
• Mayor
ATTESTED: . •. •O 5i• •7 . •
p
Phomas Candice A Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF "HABITAT ADDITION, LOTS 1-5"
WITHIN THE CITY OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any
discussion. There was none. Council Member Sparkman seconded by Council Member
Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes—Council Member Kneeland, Petty,Moore, Swaim, Wood
and Sparkman.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 2-2-2018
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - oZ-2018
BE IT ENAC 1;✓D BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLI TION APPROVING AND ACCEPTING 113E FINAL PLAT
OF "HABITAT ADDITION, LOTS 1-5" W THENT 1.131. CITY OF VAN
BUREN,CRAWFORD COUNTY,ARKANSAS.
WHEREAS, the City of Van Buren,Arkansas, is duly incorporated under the laws of the State of
Arkansas,with all powers,authority and duties of a city of the first class,and under such
authority has adopted the Subdivision Regulations for the City of Van Buren(Ordinance
No.7-2003);and
WHEREAS, the Van Buren Planning Commission reviewed and approved this final plat on February
6,2018;and
WHEREAS, as a result of this meeting, the proposed Final Plat hereto was recommended by a
majority vote of the entire Planning Commission.
NOW,I'HEREFORE,BE IT RESOLVED BY 113E CITY COUNCIL OF 1HE CITY OF
VAN BUREN,CRAWFORD COUNTY,ARKANSAS,THAT:
SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van
Buren Subdivision Regulations Title 15 et sq., being executed to assure that all
improvements are put in and that all requirements of the Planning Commission are met,
the submitted Final Plat for Habitat Addition,Lots 1-5 within the City of Van Buren,is
hereby approved and accepted.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,
approve,and adopt,by a vote of (o for and0 against,the foregoing Resolution at its regular meeting
held on the 26th day of February 2018.
-
Ro.ert
Mayor
ATTESTED: • ''ROS • TO FORM:
L/)/tX..e.:./cgegeTerna.-/JJ
Phy omas Candice A.Settle
City Clerk/Treasurer City Attorney
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 Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. Council Member Wood seconded by Council Member Swaim moved
that the Resolution be adopted. On the Clerk's calling the roll,the following vote
resulted: Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and
Sparkman.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 2-3-2018
411 k'Jr VAIN DUHGIN,AMAINDAJ
RESOLUTION NO. a,- 3-2018
•
BE 1T 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 CLERIC TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR
OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has certain fond 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 TBE CITY COUNCIL OF VANBUREN,ARKANSAS,
THAT:
SECTION I: The Mayor and City Cleric 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 523,558.00 2011 Ford Crown Victoria Sedan PD-700
V W#2FABP7BV6BX121809
Police Department $1,550.00 MPH Python Radar Unit PD-381 .
PYT380001359 •
Police Department S 5,228.50 Watchguard Mobile Video System PD-641
DV 10-116716
Police Department $5,265.00 Watchguard Mobile Video System PD-656
DV 10-124208
Police Department 0 4,920.00 Synthetic Intell Body Mic System PD-402
10603
Fire Department $2,127.16 Cannon N6006 Copier FD1-188
SER#NDF16448
Street Department S 1,932.00 Titan 8500 Generator ST-250
SER#5074
Parks&Recreation S 1,98624 AED Plus Defibrillator PR-15
SER#X09D406886
King Opera House $ 369.00 Dennn DN-V210 DVD Player KH-2
SER47066609249
King Opera House 5 1,199.00 Kramer 7 Input Switcber/Scaler VP 719x1 KH-2
SER#20060701631
King Opera House S 2,511.55 Xantec Kit/ivfisc.Harware/Service Call/Tax KH-2
•
em
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of.,for and- against the foregoing Resolution at its regular meeting beld on the 266 day
ofFebruary 2018.
Rort . eemnan
Mayor
ATTESTED: PRO :rt Te II .
.
Phh Thomas Candice A Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ADOPTING A
REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2017. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. Council Member Swaim seconded by Council Member Moore moved
that the Resolution be adopted. On the Clerk's calling the roll,the following vote
resulted: Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and
Sparkman. 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 2-4-2018
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - -2018
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ADOPTING A REVISED BUDGET FOR
T H H'YEAR ENDING DECEMBER 31,2017.
NOW,1'HEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: 2017 current year's revenues of$17,555,176.09(Seventeen Million,Five Hundred
Fifty Five Thousand, One Hundred Seventy Six Dollars and Nine Cents) are
appropriated and a copy of said Budget is attached hereto and made a part hereof;
Said revenue includes the deduction of 2016 revenues which were received in
January 2017, and includes the addition of 2017 account receivable listings
received in 2018.
SECTION 2: 2017 current year's expenditures of $16,819,376.77 (Sixteen Million, Eight
Hundred Nineteen Thousand, Three Hundred Seventy Six Dollars and Seventy
Seven Cents)including expenditures from prior year's balances are attached hereto
and made a part hereof; Said expenditures include the deduction of 2016
expenditures, and includes the addition of 2017 accounts payable listing paid in
2018.
SECTION 3: All expenditures are approved and a copy of the Revised Budget is attached hereto
and made a part hereof.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did
pass, approve,and adopt,by a vote of Ce for and o against,the foregoing Resolution at its
regular meeting held on the 26th day of February 2018.
Robert D. '�'
Mayor
ATTESTED: APP. • .I AS TO FORM:
Ph .'s Thomas . ce A.'S the
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ESTABLISHING
SHARED RESPONSIBILITIES FOR THE BULK RECYCLE CONTAINERS IN
THE CITY OF VAN BUREN,ARKANSAS. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman stated we
are just formalizing a verbal agreement made a year ago with the school district. Council
Member Wood seconded by Council Member Kneeland moved that the Resolution be
adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council
Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman.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 2-5-2018
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. a- 5-2018
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ESTABLISHING SHARED RESPONSIBILITIES FOR
11:1N.BULK RECYCLE CONTAINERS IN 11:LI'.CITY OF VAN BUREN,
ARKANSAS.
WHEREAS, the City of Van Buren is committed to providing recycle opportunities for its citizens;
and
WHEREAS, the City of Van Buren desires to enter into an agreement with the Van Buren School
District that will establish shared responsibilities for the bulk recycle locations as
described in"Attachment A"hereto;and
WHEREAS, the Mayor has met with a Van Buren School District representatives to determine the
shared responsibilities listed in the agreement outlined in"Attachment A."
NOW,THEREFORE,BE IT RESOLVED BY 11:1E,CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren Mayor and City Clerk/Treasurer are hereby authorized to enter
into an agreement with the Van Buren School District.
SECTION 2: The City of Van Buren agrees to fulfill the financial responsibilities for the recycle
containers as listed in"Attachment A."
SECTION 3: Any change to said agreement will require authorization from both the City of Van Buren
Mayor,or designated representative,and the Van Buren School District Superintendent,
or designated representative. -
IN WITNESS WHEREOF the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of a for and 0 against,the fore:.mg 'esolution at its regular meeting
held on the 261"day of February 2018. •�y
Robert D.
Mayor
ATTESTED: • 'PRO` ..AS-T I FORM:
wAllrive
Ph is Thomas Can' 4. • -
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND THE
CIVIL SERVICE REGULATIONS FOR THE POLICE AND FIRE
DEPARTMENTS OF THE CITY OF VAN BUREN, TO ADOPT ALL CURRENT
DEPARTMENT POLICIES AND PROCEDURES; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Council Member Wood moved that the rules be suspended and the Ordinance
be placed on its second reading. The motion was seconded by Council Member Swaim.
The council followed with a unanimous vote. The Clerk then read the Ordinance the
second time.
Council Member Wood moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Swaim. The council followed with a unanimous vote. The Clerk then read the
Ordinance the third and fmal 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
Council Member Wood and seconded by Council Member Petty to adopt the Ordinance. On the
Clerk's calling the roll,the following vote resulted: Ayes—Council Member Kneeland, Petty,
Moore, Swaim, Wood and Sparkman.Nays—None. 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 Council Member Petty and seconded by Council Member
Kneeland, that the emergency clause be adopted. On the Clerk's calling the roll,the following
vote resulted: Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman.
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 4-2018
ORDINANCE NUMBER 4-2018 CONTINUED
1-.111 vi' ♦y\DuilL'1\, .1nr\JLLJ
ORDINANCE NO.L-2018
BE IT ENACTED BY 1Hb CITY COUNCIL,FOR ltih CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND 1'HE CIVIL SERVICE REGULATIONS
FOR TETE POLICE AND FIRE DEPARTMENTS OF nit CITY OF VAN
BUREN,TO ADOPT ALL CURRENT DEPARTMENT POLICIES AND
PROCEDURES; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City adopted Ordinance No.35-1979,as amended,relating to the establishment of a
Civil Service Commission for the Fire and Police Department,providing definitions,
general provisions,appointment of Civil Service Commissioners,provisions regarding
personnel policies and procedures,modification of regulations and appeals of Commission
rulings,as allowed and authorized under ACA.14-51-101 et seq.;and
WHEREAS, the City Attorney,Police Chief Fire Chief and Civil Service Commission have reviewed
the Civil Service Regulations adopted pursuant to Ordinance No. 35-1979, and have
determined that there is a need to adopt various updates and clarifications to the Civil
Service regulations,to allow for clarity and easier enforcement of Van Buren's Civil
Service Commission Ordinance;and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the
Van Buren Civil Service Commission on December 4,2017 to consider these proposed
amendments;and
WHEREAS, the proposed changes herein were unanimously recommended by the Civil Service
Commission at the conclusion of the December 4,2017 meeting.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY 1'HE CITY COUNCIL OF
13:1E CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Civil Service Rules and Regulations shall be modified as set forth in Attachment A
hereto.
SECTION 2: Pursuant to Article XI Section 3 of the Civil Service Rules and Regulations,all cun-ent
rules and regulations of the Police Department and Fire Department are hereby ratified and
adopted.
SECTION 3: That the need to add the foregoing provisions is immediate and in order to protect the public
peace,health,safety and welfare,an emergency is declared to exist and this Ordinance
shall be in full force and effect from the date of its passage and approval.
SECTION 4: The various provisions and parts of this Ordinance,or the regulations adopted herewith,
are hereby declared to be severable,and,if any section or part of a section,or any provision
or part of a provision herein or therein is declared to be unconstitutional,inappropriate,or
invalid by any court of competent jurisdiction,such holding shall not invalidate or affect
the remainder of this Ordinance or said regulations,and to that extent 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 for and IL against, , oregoing Ordinance at its regular meeting
held on the 26th day of February 20 8.
Robert I.Free.,.,,
Mayor
ATTES l'EU: APP•2 I AS TO FORM:
Pcis'Thomas
City Clerk/Treasurer aCity Att Awe
y Attorney
On the agenda next was to consider AN ORDINANCE ALLOCATING AND
APPROPRIATING FUNDS FOR REPAIRS TO THE VAN BUREN FIRE
DEPARTMENT TRAINING FACILITY; WAIVING BIDDING
REQUIREMENTS; ADOPTING AN EMERGENCY CLAUSE; AND FOR
OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member
Kneeland moved that the rules be suspended and the Ordinance be placed on its second
reading. The motion was seconded by Council Member Petty. The council followed with
a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Kneeland moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Petty. The council followed with a unanimous vote. The Clerk then read the
Ordinance the third and final time. The Mayor asked if there was any discussion. Fire
Chief Tim Arnold said they completed as much work as possible, which attributed to
their training as they were able to learn common traits of the downtown structures,but
once they reached 30 to 40 feet it became necessary to hire outside contractors.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Swaim and seconded by Council Member Petty to adopt the Ordinance. On the
Clerk's calling the roll,the following vote resulted: Ayes—Council Member Kneeland, Petty,
Moore, Swaim, Wood and Sparkman.Nays—None. 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 Council Member Wood and seconded by Council Member Swaim,
that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 5-2018
•
ORDINANCE NUMBER 5-2018 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.5 -2018
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ALLOCATING AND APPROPRIATING FUNDS FOR
REPAIRS TO 11:LL VAN BUREN FIRE DEPARTMENT TRAINING
FACILITY; WAIVING BIDDING REQUIREMENTS; ADOPTING AN
EMERGENCY CLAUSE;AND FOR OTHER PURPOSES. •
WHEREAS, the Van Buren Fire Department Training Facility is in need of masonry
exterior of the building;and repairs to the
I
WHEREAS, Mid-Continental Restoration Co.,Inc.has extensive experience in exterior repairs of Al
building of similar needs and of similar age in the City of Van Buren;and
WHEREAS, due to the unique requirements of the re
bid repairs without further exposing this building to it continued wated be rdamagele and s�e�ible to
NOW,THEREFORE,BE IT ORDAINED BY 1'HL CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for the
repairs to the Training Facility,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 Mid-
Continental Restoration Co.,Inc.for the exterior repairs to the Van Buren Fire
Department Training Facility in the amount of$29,500.00(Exhibit"A")from Fire
Department County Sales Tax Funds.
SECTION 3: It is further found that due to the immediate need to dontract for masonry repairs due to
the availability of this restoration company,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 4: The Mayor and City CIerk are hereby authorized by the City Council for the City of Van
Buren to execute all documents necessary to effectuate this Ordinance.
SECTION 5: 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 invalidby 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 o for and against, -going Ordinance at its regular meeting
held on the 26th day of February 2018.
Robert
Mayor
ATTESTED:
• "RO S AS Ti FIRM:
-PA _�� ,I ,l
Phyl is omas
City Clerk Treasurer ' ' Ce '• ettle
City Attorney
On the agenda next was to consider AN ORDINANCE TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR,AND
PURCHASE OF POLICE VEHICLES FROM SUPERIOR CHEVROLET; FOR
THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council
Member Petty moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Council Member Kneeland. The council
followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Petty moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Kneeland. The council followed with a unanimous vote. The Clerk then read
the Ordinance the third and final time. The Mayor asked if there was any discussion.
Council Member Petty asked how we could in the future include our local dealer for
consideration. Police Chief Jamie Hammond said we have reached out to Rhodes
Chevrolet, but they were unable to come anywhere close to these prices.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Swaim and seconded by Council Member Moore to adopt the Ordinance. On
the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Kneeland,
Petty, Moore, Swaim, Wood and Sparkman.Nays—None. 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 Council Member Swaim and seconded by Council Member Wood,
that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted:
Ayes—Council Member Kneeland,Petty, Moore, Swaim, Wood and Sparkman. 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 6-2018
ORDINANCE NUMBER 6-2018 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 6-2018
BE IT ENAL rinD BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF
POLICE VEWICLES FROM SUPERIOR CHEVROLET; FOR
THE APPROPRIATION OF FUNDS; DECLARING AN
EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren is in need of certain police vehicles,for the safety of life and
protection of property by the City of Van Buren Police Department;and
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined 0
that the purchase of the vehicles from Superior Chevrolet of Siloam Springs at the 2018 - I
state purchase price would be the most practical,feasible and cost effective method for
the department;and
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B)that
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and
WHEREAS, a state of emergency exists because the vehicles will provide improved life safety and
protection of property and because the units are currently available.
NOW,THEREFORE,BE 1T ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need to
purchase two(2)2018 Chevrolet Tahoes in the amount of$63,726.00 and one(1)2018
Chevrolet Traverse in the amount of$24,398.19 for the Police Department
SECTION 2: The purchase of said vehicles from Superior Chevrolet,located in Siloam Springs,
Arkansas,for the total sum of$88,124.19 as detailed in the attached quotes,are
necessary to protect the life and safety of Van Buren citizens.
SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
above described for the price set forth in Section 2 above.
SECTION 4: It is further found that due to the immediate need to acquire these vehicles before the
quotes expire 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 bolding 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 Jg.for anK) against,the foregoing Ordinance at its regular meeting
held on the 261°day of February 2018.
Ro•ert•.Freeman .a
Mayor
ATTESTED: r Ms, s •RM:
-
Q �/.
`T rad�¢nJ WA •
Phy ..•dice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR,AND
PURCHASE OF A NEW VEHICLE FOR THE POLICE DEPARTMENT FROM
BREEDEN TRUCK CENTER OF VAN BUREN; FOR THE APPROPRIATION
OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Council Member Kneeland moved that the
rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Council Member Petty. The council followed with a unanimous vote. The
Clerk then read the Ordinance the second time.
Council Member Kneeland moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Petty. The council followed with a unanimous vote. The Clerk then read the
Ordinance the third and final time. The Mayor asked if there was any discussion.
Council Member Wood asked what these new vehicles will be used for. Police Chief
Jamie Hammond replied that they will be used in the Investigation Division for
transportation of evidence and other various tasks.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Wood and seconded by Council Member Petty to adopt the Ordinance. On the
Clerk's calling the roll, the following vote resulted: Ayes—Council Member Kneeland, Petty,
Moore, Swaim, Wood and Sparkman.Nays—None. 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 Council Member Petty and seconded by Council Member
Kneeland,that the emergency clause be adopted. On the Clerk's calling the roll, the following
vote resulted: Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman.
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 7-2018
ORDINANCE NUMBER 7-2018 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.1-2018
BE TT ENAL 1hU BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR,AND PURCHASE OF A NEW
VEHICLE FOR TEE POLICE DEPARTMENT FROM BREEDEN
TRUCK CENTER OF VAN BUREN; FOR THE
APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY;
AND FOR OTHERPURPOSES.
WHEREAS, the City of Van Buren is in need of a certain police vehicle,for the safety of life and
protection of property by the City of Van Buren Police Department;and J -
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined
that the purchase of the vehicle from Breeden Truck Center of Van Buren,Arkansas at
the 2018 state purchase price would be the most practical,feasible and cost effective
method for the department;and
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B)that
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and
WHEREAS, a state of emergency exists because the vehicle will provide improved life safety and
protection of property and because the unit is sun-ently available.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY 1111,CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need to
purchase one(1)2018 RAM 1500 Tradesman Quad'Cab for the Police Department
SECTION 2: The purchase of said vehicle from Breeden Truck Center,located in Van Buren,
Arkansas,for the total sum of$23,327.00 as detailed in the attached quote,is necessary
to protect the life and safety of Van Buren citizens.
SECTION 3: The City Council in accordance with the terms of ACA§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
above described for the price set forth in Section 2 above.
SECTION 4: It is further found that due to the immediate need to acquire this vehicle before the quote
expires,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
Bin-en to execute all documents,contacts,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 .t for and O against,the foregoing Ordinance at its regular meeting
held on the 20 day of February 2018.
Robert'. ree,m.,
Mayor
ATTESTED: APP•r-au ._ O FO' .
Phy� MM.": Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO REGULATE
DANGEROUS AND UNNECESSARY OBSTRUCTIONS OF TRAFFIC;
ADOPTING AN EMERGENCY CLAUSE; AND FOR OTHER PURPOSES. The
Clerk read the Ordinance in its entirety. Council Member Petty moved that the rules be
suspended and the Ordinance be placed on its second reading. The motion was seconded
by Council Member Wood. The council followed with a unanimous vote. The Clerk then
read the Ordinance the second time.
Council Member Kneeland moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Wood. The council followed with a unanimous vote. The Clerk then read the
Ordinance the third and final time. The Mayor asked if there was any discussion.
Council Member Swaim asked if this can be enforced on intersections of State Highways
and Interstate ramps. City Attorney Candice Settle replied that she believes it can be
enforced at those locations. She went on to say that she spent a lot of time researching
this topic,but the City of Rogers deserves the credit for drafting this ordinance. Council
Member Petty asked if this would affect runners and cyclers. City Attorney Candice
Settle replied that it should have no effect on them in any way because they won't be
approaching vehicles.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Swaim and seconded by Council Member Wood to adopt the Ordinance. On
the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Kneeland,
Petty, Moore, Swaim, Wood and Sparkman.Nays—None. 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 Council Member Swaim and seconded by Council Member Wood,
that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted:
Ayes—Council Member Kneeland, Petty, Moore, Swaim, Wood and Sparkman. 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 8-2018
CITY OF VAN BUREN,ARKANSAS - WHEREAS,the National Highway Transportation I (b)A person may approach the occupied
ORDINANCE NO.B-2018 Safety Administration October 2017 report states vehicleof another if the person is:(1)Authorized
IT ENACTED BY THE CITY COUNCIL FOR THE that pedestrian fatalities have increased by 9.0%
fY OF VAN BUREN,_ ARKANSAS, AN ORDI- and are at their highest number since 1990;and to perform roadwork,perform utility work,or di- thereof in conflict herewith are hereby repealer
NCE TO BE ENTITLED: WHEREAS,the National Highway Transportation. rect traffic at the location and acting within the the extent of such conflict.
I ORDINANCE TO REGULATE DANGEROUS AND Safety Administration February 2017 report found scope of his or her authority; IN WITNESS WHEREOF,the C. of Van Buren,
NECESSARY' OBSTRUCTIONS OF TRAFFIC; that 90%of pedestrians killed in traffic crashes in- (2)Law enforcement acting in his or her capacity kansas,by its City Council,did pass,approve an
OPTING AN EMERGENCY CLAUSE; AND FOR volved single vehicles; and as emergency personnel adopt bya vote of for and_against
HER.PURPOSES. WHEREAS,the National Highway Transportation (3)Emergency personnel acting in his or her ca- foregoing Ordinance at its regular meeting held
1EREAS,the City of Van Buren has over time ex Safety Administration June 2017 report shows parity as emergency personnel; the 26th day of February 2018.
fenced continuing residential and economic that the greatest number of Arkansas trafficfata (4)A pedestrian acting consistently with Arkansas Robert D.Freeman,Mayor
iwth;andCode Annotated Sections 27-51-1203 and 27-51- Approved:Candice.A.Settle,City Attorney
IEREAS,growth has result in increased traffi ities occurred on non- interstate local streets; 1204; ,Attested:Phyllis Thomas,CityClerk/Treasurer
i
safety concerns;and and (5)Using the roadway for pedestrian transporta- ;Published in the March 3,2018 issue of the Pres
IEREAS,whilethe City has made and-contin- WHEREAS,the Governors Highway Safety Associa- tion services when no sidewalk or trail is available:Argus-Courier.
•
:to make substantial investments and improve- tion reported a 40%increase in pedestrian (c)A violation of this section shall be punishable
nts.to.its infrastructure,it has not beenpossi deaths in Arkansas from the first half of 2015 to by a fine of not more than Five Hundred dollars
to immediately address all the traffic needs re- the first half of 2016;and • ($500.00).
ting from residentialand economic develop- WHEREAS,the City has a significant governmen- SECTION 2:The need to add the foregoingg
nt:-and - provi-,
tai interest in preserving the safety of its citizens, sions is immediate and in order to protect the.pub-IEREAS,the City has constructed trails and I visitors,pedestrians,drivers,streets and traffic in lic peace,health,safety and welfare,an emergen-
studied and has plans in place to create addi- ,a mannerthat allows people to freely enjoy their: cy is declared to exist and this Ordinance shall be
ial trail systems and other means of safely sep-Iconstitutional rights;and •
ting pedestrian traffic from motor vehicle traf- in full force and effect from the date of its passage
WHEREAS,pedestrian traffic approaching vehi- and approval.
and des creates apprehension,distraction and unsafe SECTION 3:Should any section,.paragraph;subdivi
EREAS,the City continues to improve and driving conditions;and: sion,clause,phrase,or other or portion.
Main new and existing infrastructure in a WHEREAS,pedestrian traffic approaching vehi- 'of this Ordinance be adjudged invalid or unconstituJ to encourage safe pedestrian and motor des presents a significant safety hazard for pe- tional,the same shall not affect the validity of this
isle traffic;and - destrians,motorists and occupants"ofivehicles; Ordinance as a whole,or anypart or provision,oth-
EREAS,the City continues to perform ongoing and increases the likelihood of traffic accidents, er than the part so declaredto be invalid oruncon-
ficstudies and.analyses designed to deter- stitutional,and the remaining provisions of this-Or-
r;and . - NOW,THEREFORE,BE IT ORDAINED BY THE CITY dinance shall be construed as if such invalid,unen-!
EREAS,in order to preserve a safe traffic envi- COUNCIL OF THE CITY OF VAN BUREN,ARKAN- forceable or unconstitutional provision or provi-
Ment,-itis necessary to take additional safety SAS THAT:` sions had never been contained herein. '
cautions and traffic calming measures beyond SECTION 1:The following is hereby adopted: . SECTION 4:All ordinances or resolutions or parts
astructure improvement and traffic manage- , Approaching an occupied vehicle-Prohibited.
it and. I(a) Except as provided in subdivision(b)of this
section,a person'shall not approach the occupied
vehicle of another person if the vehicle is in opera-
tion and on a public street
Next on the agenda was the Financial Statement. Motion was made by Council
Member Swaim and seconded by Council Member Petty to appropriate the sum of
$ 1,497,525.30 to pay expenses and salaries for January 2018,presented by the clerk.
The Council followed with a unanimous vote.
•
S�.
2-16-2018 08:59 AM CITY OF VAN B ORE N PAGE: 1
TRIC
.._............,..mo AS OF: JANOARY 31ST, 2018 ........-----•--"'"
10 -General Fund
SII •••MONTH TO DATE ••• ••• YEAR TO DATE ••• €.
ACCT# ACCOUNT NAME DEBITS CREDITS ----DEBITS CREDITS ----' ;
; ASSETS j'.
1000 Petty Cash 0.00 200.00
! 1020 Cash in Bank 197,099.22 130,993.39
4. 1020.01 Cash In Bank-Ins. Reimb. 0.00 77,093.11
1020.03 Cash In Bank-ASP'saWalmart Gra 0.00 ` 79.24
1020.04 Veterans' Memorial-Act 934 0.00 \ 0.00
1020.05 2009 Byrne Recovery Grant 0.00 0.00
1020.06 2009 Byrne Grant 0.00 0.00 1 ,274,312 • 56+ Sr
1020.07 2007 Byrne Grant 0.00 0.00
121 =689'34+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 R:
266.94+
1020.09 District Cout Grant-Mediation 0.00 25.00
1020.10 Cash_in.Bank- ADC 0.00 1,793.34 101 ,256-46+
1020.11 Cash in Bank-HVBB 0.00 2,420.00 1 , 497, 525•30
1020.12 Emergency Management Fund 0.00 0.00 .-.
1020.13 Cash In Bank-ACT 833 53,200.00 88,727.37 n .
1020.14 Court Automation-District 1,919.33 58,815.11 . . r;
1020.15 Cash in Bank-ACT 1314 0.00 0.00
, 1020.16 AR Dept of Rural Services 0.00 0.00
1020.17 New Police Dept 0.00 0.00
1020.18 Cash in Bank- PD Co Tax 12,438.65 24,355.64
1020.19 Cash in Bank- FD Co Tax 19,273.13 203,790.96
1020.20 Cash In Bank-Erosion Control 150.00 23,925.00
1020.21 Cash in Bank-CPAcademy 0.00 0.00 g.
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 V
5
5 1020:27 Cash in Bank-Levee 0.00 9,239.93
1020.28 Marina Repairs P 0.00 10,495.60
,1 1020.29 Property Maintenance-Scrap 0.00 0.00 ,b
1020.30 Field of Dreams-Eguipment 230.79 - 8,842.86 ' :W
4
1020.31 Cash in Bank-Parks a Rec 0.00 0.00
1020.32 GIF 0.00 0.00 .
1020.33 Cash in Bank-Yard Waste 4,570.42 257,061.97
1020.34 Cash In BankPublic Facilities 0.00 671.86 -
1020.35 Cash In Bank-Jail 3,471.03 7,566.97
1020.36 Cash in Bank-Property Cleanup 6,571.74 14,513.31
1020.37 Probation 1,348.65 22,058.04
-', 1020.51 Cash in Bank-Cemetery 22.72 360.54
1020.52 Cemetery-Donations 0.00 32,000.00
1020.80 Cash in Bank-NON 0.00 0.00
Y4 1020.91 Cash in Bank-Cap Imp 42,382.91 887,164.16
4 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 & Rec 0.00 0.00
9 , 1040.51 Investments - Cemetery 0.00 38,752.59 '
1 1040.91 Investments -Cap Imp 112.88 379,848.52
1050 Fixed Assets 0.00 0.00
F.
____. _.__ r
Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports
were presented for filing. There being no further questions or changes, the reports were filed as
submitted.
Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman spoke to
the council about the Pilot Program. The Pilot Program is used as an incentive to bring or keep
businesses in Van Buren by reducing their property taxes up to a certain percentage. He said
there is not a huge impact at the city level, but it does affect the school district due to the millage
which has been discussed with the school superintendent to ensure everyone is on the same page.
Mayor Freeman went on to say that there is an existing business that is looking at a 19 million
dollar and 20 plus job expansion and they have expressed interest in participating in the Pilot
Program. Mayor Freeman said he would like to offer them a 50%reduction over the next ten
years and is looking for a verbal response from the council to move forward and bring that in a
formal request in the coming months. He also mentioned that the school superintendent is on
board with this action. The council gave approval to move forward.
There being no further business, motion was made by Council Member Sparkman and
seconded by Council Member Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:10 p.m.
AT STED: ffeleyiyize2i
VED
ft
CIT LERK-TREASURER MAY 11