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01 January 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JANUARY 29, 2009 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Thursday, January 29, 2009 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. City Clerk- Treasurer Barbie Curtis and City Attorney Donald Jenkins were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Clarke Moore with First Community Bank. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman welcomed new Alderman Johnny Ragsdale. Next, Mayor Freeman presented the Volunteer Community Plaque to Ms. Vivian Mitchell and gave a big thank you to all of our community's volunteers. Next, Mayor Freeman mentioned that he pulled the Resolution regarding Rena Road fund disbursement. He said he was supposed to meet with AHTD, but due to weather was unable to. This Resolution will reappear in a later meeting. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on December 22, 2008. Alderman Ragsdale made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call, the following Council members voted aye: Alderman Swains, Parker, Moore, Ragsdale, Dodd, and Sagely. The following voted nay: none. On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR: WALNUT AVENUE LYING BETWEEN LOTS 12, 13, 14, 15, AND PART OF LOT 16 BLOCK "K AND LOT 1B, MOUNTAIN VIEW ADDITION, VAN BUREN, AR. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Attorney Candice Settle appeared on behalf of the Chatman's to ensure the public hearing was set. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 1 -1 -2009 CITY OF VAN 13UREN, ARKANSAS RESOLUTION NO. I' 1 -2009 WHEREAS, Robert and Cheryl Chatinan and Ralph and Gayle Cooper have filed a Petition with this Council seeking to vacate the following described street: Walnut Avenue lying between Lots 12,13.14,15, and part of Lot 16 Block "K and Lot 113, Mountain View Addition, Van Buren, Ar. AND, WHEREAS, applicable law requires the City Council to fix a day certain for the hearing of said Petition. NOW, THEREFORE, BE IT RESOLVED that the Cit.,' Clerk of Van Buren, Arkansas, is hereby directed to give notice that said Petition to Vacate and Close Street will be heard by this Council on Monday the 23` of February, 2009, at the regularly scheduled Council meeting of the Van Buren City Council. Said Notice shall further provide the names of the Petitioners herein and the name of the portion of the street to be closed. PASSED AND APPROVED THIS c9q DAY OF w,,._DA 2009. IP geb:\ ATTESTED: 0' (o J CITY CLERK TREASURER Next. Attorney Candice Settle asked Mayor Freeman if she could speak to the Council regarding a different issue. She has been retained to bring up the parking issues through Legacy Drive. A particular point where there is an issue is at the intersection of Legacy Drive and Durango. She mentioned Legacy Drive is not wide enough to carry the load of traffic plus parking. Ms. Settle presented pictures to the council showing the problematic areas. She asked the council to consider placing "No Parking" signs on Legacy Drive. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to approve the signs. The Council followed with a unanimous vote. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT AS THE PRO.IECT ADMINISTRATOR FOR THE EXPERIAN ACEDP GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 1 -2 -2009 CPI'Y OF VAN BUREN, ARKANSAS RESOLUTION NO. c,00 q WHEREAS, the City of Van Buren, Arkansas has been awarded an Arkansas Community and Economic Development Program (ACEDP) Grant for the Van Buren Experian Project; and WHEREAS, the City of \'an Buren, Arkansas recognizes the need for assistance in administering the ACEDP grant in compliance with the Arkansas Department of Economic Development's regulations and Federal, State, and Local laws; WHEREAS, the City of Van Buren has a long-standing relationship with the Western Arkansas Planning and Development District and feels confident that it will administer the above referenced project competently; TI•IEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to designate the Western Arkansas Planning and Development District, Inc., as the project administrator for the ACEDP grant, subject to Arkansas Department of Economic Development Approval, and enter into a contract for ACEDP Administrative Services with such agency for project administrative services. RESOLVED THIS a� day of 1 1l.- l,(7Al.AA 2009. J APP• *VW Mayor of an 1 uren ATTEST: (1 4 TAO SIL 4An City Clerk/Treasurer On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Bell said all the items have been replaced with new ones. Mayor Freeman mentioned that the items didn't have of much value. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker Moore, Ragsdale, Dodd, and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 1 -3 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 -3 2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City of Van Buren has certain assets on its Fixed Asset Htventory 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, said items or item should be disposed of in accordance with state law, A.C.A. 14 -58 -306, and be removed from the City's Fixed Asset inventory. NOW, THEREFORE, BE IT RESOLVED BY THE CIFY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and to dispose of same by transfer to various governmental agencies, or other such methods authorized under the law: Receiving Agency Book Value Description of Inventors Control Franklin Counry Sheriff 52,995.00 Mobile Video Systems PD -534 Franklin County Sheriff 53,695.00 Mobile Video Systems PD -509 Frarildin County Sheriff 52,995.00 Mobile Video Systems PD-586 Franklin County Sheriff 52,995.00 Mobile Video Systems PD -585 Oak Ben/Etna Rural Fire Dist. 875.00 Whelen Strobe Light Bar PD -264 BDR Rural Fire Dist. #5 5 824.98 Whelen Strobe Light Bar PD -354 BDR Rural Fire Dist. #5 S 884.98 Whelen Strobe Light Bar PD -370 Kibler Police Dept. 975.00 SecondChance Tactical Vest PD -482 Kibler Police Dept. 975.00 SecondChance Tactical Vest PD -483 Kibler Police Dept. 5 975.00 SecondChance Tactical Vest PD -485 Kibler Police Dept. 5 975.00 SecondChance Tactical Vest PD -500 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 agar he foregoing Resolution at its regular meeting held on the 29' day of January, 2009. a Robert D. Freeman, Mayo ATTESTED: APPROVED AS TO FORM: CJAAU $ate Barbie Curtis, City Clerk/Treasurer N. Dot Attorney On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. City Attorney Don Jenkins said that it does not have a battery, therefore is not portable. The computer works but has no battery. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 1 -4 -2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE TFIE CITY ATTORNEY TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City of Van Buren has certain 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, said items or item should be disposed of in accordance with stale law, A.C.A. 14-58 -306, and removed from the City's Fixed Asset Inventory. NOW, THEREFORE, BE IT RESOLVED BY THE CPTY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and to dispose of same by such methods authorized under the law as setfonh in attachment "A" hereto: Depanment Amount Description of Inventory Control f City Attorney $1,710.72 HP Compaq NX 9010 CA -15 IN WITNESS WHEREOF, the City of Van Buren, Arkansas by its City Council, did pass, approve, and adopt, by a vote of (0 for and 0 against, the --going Resolution at its meeting held on the 29 day of January, 2009. Robert D. Fre ATTESTED: APPROVED AS 0 FORM: F-6Th IMP wl��J ✓l/.L Barbie Curtis, City Clerk /Treasurer N. Don .l in Jr.. iv r ttomev On the agenda next was to consider AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A FLOOD DAMAGE PREVENTION PROGRAM FOR VAN BUREN; TO PROVIDE FOR SEVERAI3ILITY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in part. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Moore. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman said this Ordinance came to us from the State and after its passage will go on to FEMA. The Mayor then put the question. 'Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swain. Parker, Moore, Ragsdale. Dodd. and Sagely. 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 Swaim and seconded by Alderman Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim. Parker. Moore, Ragsdale. Dodd, and Sagely. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 1 -2009 ORDINANCE NUMBER 1 -2009 CONTINUED SECTION DAMAGE PREVENTION CODE ADOPTED BY REFERENCE There is hereby adopted by reference a "Flood Damage Prevention Cade for Van Buren, Arkansas" dated January 29, 2009. The code shall include: f CITY OF VAN BUREN ARTICLE 1 DEFINITI ARKANSAS ARTICLE 2 ADMINISTRATION ORDINANCE NO. 1 -2009 ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION BE'IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, ARKANSAS, A copy of the referenced code shall be filed in the office of the City Clerk and shall AN ORDINANCE TO BE ENTITLED: be available for inspection and copying by any person during normal office hours. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A FLOOD DAM- SECTION 6: ABROGATION AND GREATER RESTRICTIONS This ordinance does not AGE PREVENTION PROGRAM FOR VAN BUREN; TO PROVIDE FOR SEVER- repeal, abrogate, or impair any existing easements, covenants, or deed restric- ABILITY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. tions. Whenever there is a conflict or overlap between this ordinance and another WHEREAS, the Legislature of the State of Arkansas has in Ark. Code Ann. g I ordinance, easement, covenant, or deed restriction, the instrument with the more 14-268-101 et seq., delegated the responsibility of local governmental units to stringent restrictions applies. adopt Federal Emergency Management Agency (FEMA) regulations to minimize SECTION 7: INTERPRETATION In the interpretation and application of this ordi- flood losses; and nance, all provisions must: l WHEREAS, the City of Van Buren has found that the purposes herein require int- i A. Be considered as minimum requirements; mediate attention, for the protection of the health, welfare and safety of the in- B. Be liberally construed in favor of the governing body; and 1 habitants of the City of Van Buren, and as herein set out, an emergency exists and C. Be deemed to neither limit nor repeal any other powers granted under State' is hereby declared to exist, and this ordinance shall be and become effective im- statutes. mediately upon this passage and adoption by the City Council; and SECTION 8" WARNING AND DISCLAIMER OF LIABILITY The degree of flood pro WHEREAS, the City Council hereby finds that it is in the public interest to approve tection required by this ordinance is considered reasonable for regulatory pur- and adopt the language herein, as part of the City Code, in compliance with FEMA poses. Documented scientific and engineering data form the basis for these re- requirements. quirements. On rare occasions, flooding events greater than those considered for NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF this ordinance will occur. In addition, flood heights may increase over time due to THE CITY OF VAN BUREN, ARKANSAS, THAT: man -made or natural causes. This ordinance does not imply that land outside Spe- cial Flood Hazard Areas will be free from flooding, nor that strict adherence to this SECTION 1: FINDINGS OF FACT The following findings are adopted by the City Council for the City of Van Buren: ordinance protects uses permitted within Special Flood Hazard Areas from all flood damages. This ordinance specifically does not create liability on the part of A. The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of Van Buren in the current scientific and engineering report the community, nor any official or employee of the community, for any flood dam entitled "The Flood Insurance Study (FIS) for Crawford County, Arkansas, "dated ages that result while strictly following this ordinance, or from any lawful adminis- March 16; 2009, with an effective Flood Insurance Rate Map (FIRM) dated March trative decision made under the provisions of this ordinance. 16, 2009. SECTION 9: COMPLIANCE Constructing, locating, substantially altering or chang- B. These Special Flood Hazard Areas are subject to periodic flooding events that ing the use of any structure or land after the effective date of this ordinance re- result in Toss of life and property, pose health and safety hazards, disrupt com- quires full compliance with the provisions of this ordinance and all other applica- merce and governmental services, and cause extraordinary public expenditures ble regulations. for flood protection and relief, all of which adversely affect the public health, SECTION 10: PENALTY FOR NONCOMPLIANCE Flood hazards are reduced by safety and general welfare. compliance with the provisions of this code. Accordingly, enforcement of this ordi- C. These periodic flooding events are exacerbated by the cumulative effect of nance discourages non compliance and is a recognized mechanism for flood haz- and reduction. The Floodplain Administrator must enforce the provisions of this or- floodplain developments which cause an increase in flood heights and velocities, and by the placement of inadequately elevated, inadequately flood- proofed or oth- dinance and is authorized to: erwise unprotected'structures or uses vulnerable to floods into Special Flood Haz- A. Issue cease and desist orders on non complaint floodplain development pro-� and Areas. Such structures or uses are inherently hazardous to other lands be- 1jects; cause of their adverse impact on flooding events. B. Issue citations for non compliance; SECTION 2: STATEMENT OF PURPOSE The purpose of this ordinance is to pro- C. Request the FEMA file a 1316 Action (Denial of Flood Insurance) against mote the public ,health. safety and general welfare, to prevent adverse impacts I non compliant properties; and from any floodplain development activities, and to minimize public and private D. Take any other lawful action necessary to prevent or remedy any instance of losses due to flooding events in identified Special Flood Hazard Areas. This ordi- 1 non compliance with the provisions of this ordinance. nance advances the stated purpose through provisions designed to: E. It shall be misdemeanor to violate or fail to comply with any provision or this or- A. Protect human life and health; dinance. B. Protect natural floodplains against unwise development; 1 F. Any person found, in a court of competent jurisdiction, guilty of violating this or- C. Eliminate adverse impacts of necessary floodplain development; dinance is subject to fines of not more than $500 per day for each violation; in ad- 0. Minimize expenditure of public monies on flood control projects; 'i dition the defendant is subject to payment of all associated court costs and costs! E. Minimize the need for rescue and relief efforts associated with flooding and involved in the case. generally undertaken at the expense of the he genereral l public; ,SECTION 11: SEVERABILIN The various provisions and parts of this Ordinance j F. Minimize prolonged business interruptions due to flooding events; are hereby declared to be severable, and, if any section, clause, sentence, or; phase of this ordinance, is declared to be unconstitutional; inappropriate, or inva- G. Minimize damage to public facilities and utilities such as water and gas mains, t lid by any court of competent jurisdiction, such holding shall not invalidate or af- 1 electric, telephone and, sewer lines, streets and bridges located in Special Flood Hazard Areas; fect the remainder of this' Ordinance and to that extent the provisions hereto are H. Minimize future flood blight areas to help maintain a stable tax base; and l declared to be severable. I. Provide for notice to potential buyers when property is in a Special Flood Hazard 1 ,SECTION 12: REPEALER CLAUSE All ordinances, resolutions or other acts of the Area. 1 City of conflict -with the terms hereof are repealed or amended to the extent of any SECTION 3: LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall such conflict. apply to all Special Flood Hazard Areas within the jurisdiction of Van Buren, Arkan- 1 SECTION 13: EMERGENCY CLAUSE It is hereby found and declared by Van Buren,1 sas I !Arkansas that severe flooding has occurred in the past within its jurisdiction and SECTION 4: METHODS OF REDUCING FLOOD LOSSES --This ordinance uses the fol will certainly occur within the future; that flooding is likely to result in infliction of lowing methods to accomplish the stated purpose: ,serious personal injury or death, and is likely to result in substantial injury or de- A. This ordinance restricts or prohibits structures or uses in Special Flood Hazard struction of property within its jurisdiction; in order to effectively comply with Areas that adversely impact health, safety or property during flooding events; minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary B. This ordinance requires protection against flood damage for structures or uses vulnerable of the structure, or after substantial damage has occurred; that this ordinance become effective immediately. C. This ordinance controls that alteration of natural floodplains, stream channels Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, and natural protective barriers which are involved in the accommodation and transport of flood waters; shall be in full force from and after its passage and approval. 'D. This ordinance controls floodplain development (structural development, place -r IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did ment of manufactured structures,'clearing, grading; :mining; drillings dredging/ pass, approve, and adopt, by a vote of 6 for and 0 against, the foregoing Ordinance plaeement of fill, excavating, watercourse alteration, drainage, improvements,! at its meeting held on the 29th day of January,2009. roadway or bridge construction, individual water or sewer installations and other Robert D. Freeman activities) which may increase flood damage by increasing flood elevations, flood) Mayor water velocities, or flood discharge patterns; Attested: E. This ordinance regulates the construction of flood barriers which unnaturally di- Barbie Curtis Vert floodwaters or which may adversely impact other lands. City Clerk/Treasurer Approved as to form: N. Donald Jenkins, Jr City Attorney Published in the February 4, 2009 issue of the Press Argus- Courier. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 07 -1963 (AS AMENDED) TO ENLARGE 1'HE PERMITTED USES ENCOMPASSED UNDER C -2 ZONING, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale. Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. The Mayor then put the question, `Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. 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 sane in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 2 -2009 WHEREAS, notice of a1 Public Hearing was duly e medical clin published, and a Public! ics nur homes, doctor IN WITNESS WHEROF, E I CITY OF VAN BUR_ the Van Buren Planning f. EN Hearin was conducted by offices or dentist offices: the City of Van Buren, Ar ARKANSAS I A conditional use kansas, by its City Coun -I C ommission to consider authorization under the cil, did pass, approve, and ORDINANCE N0.2 -2009 adopt, by a vote of 6 for BE IT ENACTED BY THE these proposed amend Van Buren Permitted and CITY COUNCIL, FOR THE menu; and Conditional Use Legend and 0 against, the forego-1 CITY OF VAN BUREN, AR -I WHEREAS, the proposed' and approved by the Plan- ing Ordinance at its regu- KANSAS AN .ORDINANCE I changes herein were rec -I ning Commission. lar meeting held on the TO BE ENTITLED: ommended by a majority SECTION 3: The various) 29th of January, 2009. AN ORDINANCE TO vote of the entire Planning, provisions and parts of Robert D. Freeman AMEND ORDINANCE' Commission. I this Ordinance are hereby Mayor NO. 07 -1963 (AS! NOW, THEREFORE, BE IT declared to be severable, Attested: AMENDED) TO EN- ORDAINED AND ENACTED) and, if any section or part Barbie Curtis LARGE THE PERMITTED∎ BY THE CITY COUNCIL OF of the section, or any pro City Clerk/Treasurer USES ENCOMPASSED THE CITY,OF_VAN vision or part of a provi -I Approved as to form: S A RKANAS, THAT: t N. Donald Jenkins, Jr. UNDER C -2 ZONING„ Sion herein, is declared to AND FOR OTHER PUR- SECTION 1: Ordinance No.1 be unconstitutional, ;nap -j City Attorney POSES. 07 -1963, as amended,' ,ipropriate, or invalid by Published in the February WHEREAS, the City. (VAN BUREN MUNICIPAL, any 4, 2009 issue of the Press ty y court of competent ju Argus Courier. 1 adopted Ordinance CODE 14.04.01) shall be Insdiction, such holding 07 -1953 relating to the 1 further amended as fol -1 shall not invalidate or of -i zoning laws of the city ofI 1 lows: ;feet the remainder of this Van Buren, providing defi I ARTICLE V. PROVISIONS Ordinance and to that ex nitions, general provi-1 GOVERNING ZONING DIS !tent .the provisions hereto sions, provisions govern -I TRICTS l are declared to be sever -I 1119 zoning districts, ex Lable. ceptions and modifica- SECTION 5. C -2 Thorough tions, enforcement, and aj fare Commercial District Board of Adjustment, as' 1. Permitted Uses 1 allowed by A.C.A1 a. Retail establishments 14 -56 -401 et. seq; and providing goods or sery -1 WHEREAS, it has been de-4 i ices termined by the City) b. office buildings and Council that there i5 a uses: need to expand the per -1 c. Automotive service, re -i, mitted uses section of pair, and storage, pro Thoroughfare Commercial, vided that wrecked or sal Districts to allow for clar- vage vehicles are stored; ity and easier enforce- inside a building, or are ment of the ordinance;1 otherwise enclosed by a and solid fence and are not, visible lo fromI the street or sidewalk; i d. Motels, hotels or tourist i courts: On the agenda next was to consider AN ORDINANCE TO ADOPT THE 2009 MASTER LAND USE PLAN; TO AMED VAN BUREN'S LAND USE PLAN, ORDINANCE NO. 15 -2001; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale. Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman and City Engineer Brad Baldwin elaborated on the map shown at the meeting. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale. Dodd. and Sagely. 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 3 -2009 WHEREAS, the new Mas- ter Land Use Plan hereto, CITYOF VAN BUREN —I having been prepared b y SECTION 3 The arious. ARKANSAS the City Engineer, was re- provisions and parts of ORDINANCE N0.3.2009 viewed by the Van Buren this Ordinance are hereby 1 BE IT ENACTED BY THE Planning Commission, and declared to be severable,! CITY COUNCIL OF THE upon notice of the Public and, if any section or part; CITY OF VAN BUREN, AR- Hearing and publication, l of a section, or any provi .KANSAS AN ORDINANCE was set for a Public hear- sion or part of a provision' TO BE ENTITLED:. .ing, conducted by the, herein, is declared to be AN ORDINANCE TO Commission, in- actor -I unconstitutional, inappro -I ADOPT THE 2009 MAS- dance with A.C.A §l priate, or invalid by any TER LAND USE PLAN; 54-55-422(1); and court of competent juris- TO AMEND VAN BUJ WHEREAS, the proposed' diction, such holding shall' REVS LAND USE PLAN, amendments to the Van not invalidate or affect ORDINANCE NO. Buren Municipal Code the remainder of this Or- 15 -2001; AND FOR herein were recom -1 dinance and to that extent OTHER PURPOSES. mended by a majority the provisions hereto are WHEREAS, the City of Van vote of the entire Planning I declared to be severable. Buren has adopted a Mas- Commission in actor IN WITNESS WHEREOF, ter Land Use Plan, Ordi- dance with A.C. A the City of Van Buren, Ai- nance 15-2001 (Van Buren 14 -56- 422(3); kansas, by its City Coun- Municipal Code 13.08.01) NOW, THEREFORE, BE Ti 1 •cil, did pass, approve, and to promote the efficiency ORDAINED AND ENACTED' adopt, by a vote of 6 for and economy in the proc- BY THE CITY COUNCIL OF' and 0 against, the forego ess of development in- THE CITY OF VAN BUREN, ing Ordinance at its Regu- eluding, among other ARKANSAS, THAT: lar Meeting held on the things, adequate provision SECTION 1: The new 2009 29th day of January, 2009. for traffic; the promotion Master Land Use Plan, as Robert D. Freeman of safety from fire, flood recommended by the, Mayor waters, and other dan- Planning Commission, a Attested: gers; adequate provision copy of which is attached Barbie Curtis for.light.and'air,:distribu- hereto, is hereby adopted :City Clerk/Treasurer tion of population, afford as the official master land Approved as to form: able housing; the' promo- use plan for the city of N. Donald Jenkins, Jr tion of good civic design Van Buren. City Attorney and arrangement; effi- SECTION 2: The passage, Published in the February cient expenditure of pub- approval, and adoption of 4, 2009 issue of-the Press lic funds; the promotion of .this new land use plan is Argus- Courier. energy conservation; and' made in accordance with' the adequate provision of A. C. A 14- 56- 422(5),1 public utilities and: other and shall be filed in the of public requiremenff; and fice of the city clerk, who shall also file, with the County Recorder for Crawford County, a copy hereof. 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 Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. The Mayor declared the (notion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked i there was any discussion. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. 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 4 -2009 CITY OF VAN BUREN WHEREAS, is a result 1 this hearing, the Planning IN WITNESS WHEREOF, ARKANSAS f Commission has recom- the City of Van Buren, Ar ORDINANCE N0.4 -2009 I mended that certain prop- Kansas „by, its ,Ci Coun BE IT ENACTED BY THE di, did pass, approve, and ty within the'city limits o CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- of the City of Van Buren adopt, by a vote of 6 for KANSAS, AN ORDINANCE be rezoned from its previ -I and 0 against, the forego TO BE ENTITLED. ous classification to the• ing Ordinance at its meet AN ORDINANCE TO following: ing held on the 29th day of Prooerty Descriotion January, 2009. AMEND ORDINANCE Lot 2, Block 1, Hardin Ad N0. 7 -1963 (VAN BUREN I Robert D. Freeman MUNICIPAL CODE NO. dition more commonly Mayor 14.04.01) FOR THE PUR -I known as 1403 Branch, Attested: Van Buren, Arkansas Barbie Curtis POSE OF REZONING Property Zoned City Clerk/Treasurer CERTAIN PROPERTY IN; C -2 Approved as to form: j THE CITY •OF VAN BU- New Zoning N. Donald Jenkins, Jr. J1 REN, AR KA A S, R -1 City Attorney AMENDING THE ZNSON- WHEREAS, The proposed Published in the February ING MAP OF THE CITY rezoning herein was rec- 4, 2009 issue of the Press 1 OF VAN BUREN, AR- ommended by a majority Argus Courier. KANSAS, AND FOR vote of the entire Planning OTHER PURPOSES. Commission, in accor- WHEREAS, the City of Van dance with A.C.A Buren, Arkansas, is duly. 14 -56 -422; incorporated under the NOW, THEREFORE, BE IT laws of the State of Ar- ORDAINED BY THE CITY kansas, with all powers, COUNCIL OF THE CITY OF authority and duties of a VAN BUREN, ARKANSAS: city of the first class; and. SECTION r The above -de- WHEREAS, the City of Van scribed property is hereby Buren has adopted by the rezoned, and the Van Bd- Zoning Ordinance for the ren Zoning Map is hereby City of Van Buren. (Ordi- amended to reflect this nance No. 7. 1963); and rezoning; and WHEREAS, notice of a SECTION 2: The adopted1 Public Hearing was duly rezoning shall be filed in published and 'a Public the office of the City; hearing was conducted as clerk, in accordance with', required by law (AC.A A.C.A §14-56- 422(Sb_ 14 -56 -422) on January 5, 2009 and__..,__ Next on the agenda was a request from King School to close streets for their annual 5k run on April 4, 2009. Motion was made by Alderman Parker and seconded by Alderman Swaim. The Council followed with a unanimous vote. Next on the agenda was a request from Old Town Cruisers to close streets for their annual car show on September 12, 2009. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale. The Council followed with a unanimous vote. David Sexton with the Old Town Cruisers thanked the City of Van Buren for 18 years. All proceeds from the car show go to Children's Hospital. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Moore to appropriate the sum of $1 to pay expenses and salaries for December 2008, presented by the City Clerk. The Council followed with a unanimous vote. 1 20 -2009 03:24 P 1 C I T Y O F V A N 0 0 0 0 0 PAGE: 1 {i TRIAL BALANCE AS 0F: DECEMBER 315T, 2000 f! 10 General Fund MONTH TO DATE YEAR TO DATE ACCT# ACCOUNT MAHE DEEEIT5 CREDITS DEBITS CREDITS ASSETS 1 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 16,014.55 444,1 1020.08 Cash in Bank -Ins 2008 Storm 0.00 30,852.38 0 15 1 '1020.09 District tout Grant Mediation 1020.10 Cash in Bank HDC 18,000.06 ie 35,969.]2 r 7 1020.11 Cash in Bank -RVBB 903.22 ],]46,28 1020.13 Cash In Bank-ACT 833 3,165.27 53,245.30 1 r O 7 1. 7 6 1 1020.14 Court Automation District 922.50 45,2]].94 17 8 L 6 0 b 1 1020.15 Cash in Bank -ACT 1314 0.00 0.00 1 7 4 7 9 7 i 1020.16 AR Dept of Rural Services 20,000.00 20,000.00 L 0 1 y 9 .d 2 l 1020.17 New Police Dept 0.00 35,000.00 1020.18 cash in Bank PD Co Tax 5,338.73 132,927.61 7 2 2 3 3 1020.19 Cash in Bank FD Co Tax 24,074.32 203,436.67 0 0 6 1020.20 Cash In Bank Erosion Control 25.00 625.00 I s 3 L 9 6 6 1 j 1020.27 Cash in Bank Levee 0.00 6,344.17 1020.31 Cash in Bank Parks 4 Rec 11.53 19,978.21 1020.51 Cash in Bank Cemetery 107.75 13,092.99 1020.91 Cash in Bank Cap Imp 132,197.99 1,197.56 1040 Investments 0.00 550,000.00 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 i 1040.31 investments Parks a Res 0.00 0.00 1040.51 Investments Cemetery 0.00 48,752.59 1040.91 Investments Cap Imp 0.00 1,801,947.26 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 0..,e From Other FunOs 0.00 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due Ffom Library Fund 0.00 0.00 I LIABILITIES AND FUND BALAACE 2000 Accounts Payable ]2,0]9.29 ]2,0]9.29 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union -First Resource 0.00 0.00 2040 IAPFI Payable 4,492.60 0.00 2050 National Foundation Life Ins. 0.00 0.00 2060 AP-AC 180.14 0.00 2080 Conseco Payable 0.00 0.00 2090 New York Life ins. Payable 0.00 0.00 2100 Life Ins. Of Georgia Payable 0.00 0.00 2130 Garnishments Payable 1,385.00 0.00 2135 R. Allen Trust 9502355610 0.00 0.00 Ol Next Police, Fire. Building inspector. District Court, Engineer. and Ambulance Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman asked the council for approval to appoint himself and Alderman Dodd to the Regional Intermodel Task Force. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale. The Council followed with a unanimous vote. Karen White with the Area Agency on Aging gave a 4` Quarter Report. The 2009 budget has already approved $4,000. Chad Parsley, who spoke at last month's council meeting, asked to appear before the Council again. The man who was hired to f ix his roof stole property from him, and falsified the building permit issued to him. Mr. Parsley originally filed his complaint six months ago and it has been ignored. He is re- issuing his complaint. He said the City Attorney is in violation of the law. Mr. Parsley said he plans to file a Writ of Mandamus. Mr. Parsley also informed the Council that he will be going door to door to get Mr. Jenkins to resign his position. King Opera House was supposed to have met today. There was a new adjuster starting at first of year because the other one retired. The new adjuster will be meeting with Pat Biggerstaff, Crawford Construction, and roofers. Insurance will cover these costs. There being no further business, motion was made by Alderman Parker and seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:09 p.ni. ATTESTED: AP. VED: 4 1..; CITY CLERK TREASURER MAYO12