01 January 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JANUARY 28, 2008
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, January 28,
2008 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, Johnson, Dodd and Sagely. City Attorney Donald Jenkins and City Clerk- Treasurer
Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Reverend Nancy Covington of First Presbyterian Church.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman recognized Vivian Mitchell for all the hard work she
put into preparing the Volunteer of the Year information.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on
December 17, 2007. Alderman Swaim made a motion to approve the minutes. Alderman Parker
seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim,
Parker, Moore, Johnson, Dodd and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on January 14, 2008. Alderman Swaim made a motion to approve the minutes.
Alderman Johnson seconded the motion. On roll call, the following Council members voted aye:
Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The following voted nay: none.
0 On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.
07 -1963 (AS AMENDED) TO CORRECT TYPOGRAPHICAL ERRORS AND TO
UPDATE THE PROCEDURES AND VERNACULAR TO CONFORM WITH CURRENT
PRACTICES REGARDING ZONING, CODE ENFORCEMENT AND ADJUSTMENTS
WITHIN 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 Moore. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman
Swaim, Parker, Moore, Johnson, 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, Johnson, 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. Alderman Dodd spoke wanting to
know if this Ordinance was pertaining to parking 18 wheelers and motor homes on the streets.
The Mayor responded no.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
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.
0 Motion was made by Alderman Swaim and seconded by Alderman Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Johnson, 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 -2008
CITY OF VAN BUREN SECTION 1 c otted ed on the street level
Ordinance No. Pied as the Van Buren His- o a resis a inc
ARKANSAS 07 -1963, as amended, toric District, with identi- t
ORDINANCE N0. 1 -2008 (Van Buren Municipal cal boundaries as the Dis- floor of a retail or com-
BE IT ENACTED BY THE Code 14.04.01) shall be trict. A copy of these
mercial. establishment,
CITY COUNCIL, FOR THE further amended as fol- boundaries shall be a part of there 24 feet set s e a minimum
CITV OF VAN BUREN, AR- lows: of the Amendment, and the a stone front,. on boaok from
KANSAS AN ORDINANCE ARTICLE V. PROVISIONS shall become a part of the maintain the character so as aracter or
TO BE ENTITLED: GOVERNING ZONING D15- official Zoning Map for m viewed
the structure as viewed
AN ORDINANCE TO TRICTS Van Buren, Arkansas. Any from the street. This does
AMEND ORDINANCE NO. SECTION 4. C -1 Central properties outside of the not apply to other floors
074963 (AS AMENDED) Commercial District Historic District yet still used as residences within
TO CORRECT TYPO
1 Permitted Uses within the Central Com- the structure nor does it
GRAPHICAL ERRORS a. Retail establishments mercial District C -1, shall
AND TO UPDATE THE providing goods and serv- continue to conform to apply to structures within existing r
PROCEDURES AND VER -I ices such as grocery, the regulations of C -1, District. al structtur the
NACULAR TO CONFORM drug, hardware, variety Central Commercial Busi- District.
WITH CURRENT PRAC- stores and similar uses, ness District zone. 67Rearolard ,.n.et pr r
TILES REGARDING ZON- an d hotels, motor hotels, 2. Declaration of Policy. feet 20 feet prop-
ING, CODE ENFORCE- restaurants. It is the stated policy of erty line center line of
MENT AND ADJUST- b. Office and bank build- the City of Van Buren, Ar- alley wherre e one exists.
r MENTS WITHIN THE ings and uses. kansas, that the rehabili- 7. i mut
CITY OF VAN BUREN, Maximum height processing and manu- Cation, preservation, and the Historic
any of
ARKANSAS, AND FOR facturing that by reason restoration of the strut- structure in the
OTHER PURPOSES. of operation are not a nui tures within the Van Bu- District ands shall be 3
WHEREAS, the City P stories eet. not greater
Y dance in respect to noise, ren Historic District is in than 48 feet.
9 to the
adopted Ordinance odor, dust, vibration, etc. the best interest of the 8.Loafingand
07 -1963 relating loadingf
d. Wholesaling and ware- general welfare of the Loading and un a loading ed
zoning laws of the city of ,housing. public. Additionally, the
Van Buren, providing defi- e. Bulk storage of use, re-use, or altered use cilities shall be o
nitions, general provision, non combustible materi- of the structures within so c not to block any
provisions governing zoo- als. the Historic District is a public way.
a. Parking
ing districts, .exceptions f. Automotive service, re- beneficial and an integral
l al uses, 'modifications, en- pair and storage, pro- part of the redevelopment c For, es, and
forcement, and a Board of vided that wrecked or sal- of the City. Further, any exists ndequate park-
Adjustment, as allowed by vaged vehicles are stored use; re -use, or altered use ing ng l in the with
the
A.C.A. 14 -56 -401 et. seq.; inside a building or are of any structure within parking lots and with the
b. For and residential enclosed by a solid fence the Historic District Must b. For ge t
siden e the i
WHEREAS, it has been de-
and are not visible to the not violate any of the City parking requirements are
termined by the City public from, the street or codes or ordinances that
Council that there is a idewalk. apply and are appropriate one (1) off street space
per unit.
need to clarify and revise g, 'A conditional use for the proposed use of W. Restrictions on Con_
various sections of the or authorization under the the structure.
Nore ion
graphical errors, to allow Van Buren Permitted- Use L end 3. P All uses cur I, NO rehabilitation, ry improvement
dinance to correct typo-
for better enforcement of 1 Conditional approved Use eePend Io All uses currently -1 lion, or imonevto arc nt
and approved on the Plan- Central under the Gl work shall be done to a ning Commission. Central Commercial Dis-
structure in the Historic
ordinance, to correct
terminology- changes -that. 2. Height trict;
have occurred with the Maximum height of a b. Single family and District Zone until
in t ot iCit
the Cit
city, and to conform to structure shall be three two family residences Building in writing standing practices stories and not to exceed subject to the restrictions n to the City
regarding implementation 48 feet. listed in paragraph 5.b. of and the person on od persons
of our zoning laws; and 3 Rear Yard this section. having the work done that.
the improvements are in
WHEREAS, notice of a Minimum: 20 feet from These dwellings must
Public Hearing was duly property line or center of conform to the set back cod an and d appropriate
City
codes and a Public alley where one exists. requirements contained in rppriato
Hearing was conducted 4, LoadinQand Unloading the Historic District Zone l regulations that apply to
by the Van Buren Plan- (the proposed use.
Loading and unloading fa- regulations. 'ARTICLE VII. Enforcement
ning Commission 'to con- cilities shall be provided 4. Mnimum_Square Foot_ f
•sider these proposed so as not to block any age forResidential Uses
SECTION poi t bs 5. esr[ificate_o
amendments; and public way. a. The minimum square pa o land, n d N o or building, bh
WHEREAS, the proposed 5. la is, ors lo-
changes herein were roc •Land
n dre_n_ Limits. footage
the Central Busi- family for the ily residence shall b single be part thereof that t i
be toted within the. Van Bu-
ommended by a majority nesses District shall be in- 650 square feet. ren Historic District, shall
vote of the entire Plan- eluded within the fire lira- b. The minimum square be erected or altered in
ning Commission; and its of the City of Van Bu- footage for the two family its use or structure until
WHEREAS, there is an im- ren, Arkansas. residences shall be 600
mission Historic issued Cer
mediate need for these 1 SECTION 10. Historic Dis- square feet per unit.
amendments to Ordi- trict Zone "H -1" 5. Front Set Back mission has issued a ate
nance No. 07 -1963, as tificate of Appropriate-
protect the 1. Regulations r a. The front building set ness stating that such
amended, to
P Regulations regarding the back line shall be the land, building, •or part
I health, welfare, safety Historic. District Zone same as existing feet
and property of the citi- shall apply only to the from the center line of the thereof, and the proposed
of Van Buren. area that has been identi- street. The type of facade, use thereof, are found to
oposeo
NOW, THEREFORE, BE IT i its structural integrity and be in conformity t with the
ORDAINED AND ENACTED other physical character- provisions of this ordi-
(nancnce, the
BY THE CITV COUNCIL OF istics of the facade will be s,
n
THE CITY. OF VAN BUREN, determined by the Van trict Desi gn Historic G Guidelines,
_ARKANSAS, THAT:_ Buren Historic District W and other Ordinances or
Commission's regulations.. �,COdesiof the city.__
ORDINANCE 1 -2008 (CONTINUED)
IN° building permit shall (4. If a earianceis adminis
;b e issued by the Building Itratively approved the
Inspector for properties variance shall be ap
located within the Van Bu- proved for the minimum
ren Historic District until a variance necessary to
Certificate of Appropri- bring the property into
ateness for that property compliance with the regu-
has been issued by the lations.
Historic District Commis- 5. Legal posting, publish-
)sion. ing, and notifications are
SECTION 6. Violation Pen- not required for an admin-
l alty istrative e review and ap-
ARTICLE VIII. Board of Ad- proval.
ljustment 6. If a request is denied by
;SECTION 1. Creation and the Planning Department,
Appointments the applicant may request
This Ordinance provides a variance by the Plan
l for a Board'of Adjustment ning Commission under
',in accordance with Act the procedure set out in
1186 of the 1957 General Article VIII, Section 3
Assembly. The Board of above.
Adjustment shall be com- 7. A report of all variances
I posed of the Planning 'approved by the Planning
'Commission as a whole, in 1Department under this
accordance with A.C.A. l administrative procedure
14-56-416(b)(1) ,shall be furnished to the
SECTION 7. Administrative ;Planning Commission
Procedure (Ord. 12A -1998) each month."
In addition to the proce- SECTION_3. The passage
dures set out above, when and approval of these
existing conditions are amendments to• the Van
discovered to be in viola- Buren Ordinance 07 -1963,
Rion of the zoning regula- as amended, will protect
Lions, an administrative the health, safety, and /or
review and approval may welfare of the City and its
be requested. Existing citizens. Therefore, an
.conditions as used in this emergency is declared to
section shall include but exist and this ordinance,
not be limited to: existing being necessary for the
I lots, minimum lot width, preservation of the public
Hot area, yard require_ health, safety and /or wel-
ments, height require- fare shall be in full force
and take effect
ments, and use violations. f ter i t s
Regarding requested vari- ately upon and after its
ances for structures, only passage.
SECTION 4; The various
those structures existing
prior to October 15, 2007 provisions and parts of
P this ordinance are hereby
(Ord. No. 32- 2007), shall declared to be severable,
be eligible for this admin- and, if any section or part
istrative procedure. The of a section, or any prow
review and approval shall sion or part of a provision
be based on the following herein, is declared to be
guidelines. unconstitutional, inappro-
1. Requests shall be sub- priate, or invalid by any
miffed to'and reviewed by court of competent juris-
the Planning Department. diction, such holding shall
2. Requests shall be sub not invalidate or affect
mitted in writing,, along the remainder of this Or-
with a current survey of dinance and to that extent
the property, to the Plan- the provision hereto are
ning Department. declared tobe severable.
3. The Planning Depart- IN- •WITNESS WHEREOF,
ment Supervisor and /or the City of Van Buren, Ar-
the Planning Commission kansas, by its City Coun-
Chairman may reguire,ad- cil, did pass, approve, and
ditionai information in or- adopt, by a vote of for
der to determine owner- and against, the forego
ship of the property, how ing Ordinance at its meet- i
long the condition has ex- ing held on the 28th day;
rsted, if the lot is a lot of of January 2008. I
;record or i has recently 'Robert D. Freeman, Mayor I
been sub divided, as well ATTESTED:
as other pertinent infor- Barbie Curtis,_City
(mation. Clerk/Treasurer
APPROVED AS TO FORM:
N. Donald Jenkins, 1r.,City
'Published Ptineed in the February
;2, 2008 issue of the Press
j Argus- Courier
On the agenda next was to consider A RESOLUTION ADOPTING A REVISED
BUDGET FOR THE YEAR ENDING DECEMBER 31, 2007. The Clerk read the Resolution
in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman
Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
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 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. t 2008
A RESOLUTION ADOPTING A REVISED BUDGET FOR THE
YEAR ENDING DECEMBER 31, 2007.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
THAT, 2007 Current year's revenues of 118,291,720.58
(Eighteen Mlliion, Two Hundred Ninety-One Thousand, Seven
Hundred Twenty Dollars and Fifty-Eight Cents) are appropriated
and a copy of said Budget Is attached hereto and made a part
hereof;
THAT, Transfers from General Fund to the Street Fund in
the amount of 3978,388.13 (Nine Hundred Seventy-Eight
Thousand, Three Hundred Eighty -Eight Dollars and Thirteen
Cents) are approved; and
THAT, Transfers from General Fund to the Sidewalk Fund
in the amount of 322,522.06 (Twenty-Two Thousand, Five
Hundred Twenty-Two Dollars and Six Cents) aro approved; and
THAT, Transfers from General Fund to the King Opera
House Fund In the amount of 311,000.00 (Eleven Thousand
Dollars) are approved; and
THAT, Transfers from General Fund to the Library Sales
Tax Fund in the amount of 11,811,850.71 (One Million, Eight
Hundred Eleven Thousand, Eight Hundred Fifty Dollars and
Seventy-One Cents) are approved; and
THAT, 2007 Current year's expenditures of $17,210952.82
(Seventeen Million, Two Hundred Ten Thousand, Nine Hundred
Fifty -Two Dollars and EIghty -Two Cents) including expenditures
from prior year's balances are appropriated as follows:
General Fund 313,503,275.95 (which include Capital
Improvements Money in the amount of 12,004,661.27 (Two
Million, Four Thousand, Six Hundred Sixty-One Dollars and
Twenty-Seven Cents) (City Attorney- 32,986.05; Administration
332,799.43; Police Department 56,021.75; Fire Department
619,738.84; Street Department 31,274,980.64; Water and Sewer
1240,110.78; Parks Recreation 353,833.67; Senior Inn
55,678.73; Library 5334,066.84; Cemetery 314.600.00; King
Opera House 319,844.54);
Municipal Judge 8 Court Clerk Ret Fund 519,390.24;
Street Fund $1,540,571.17;
Federal Forfeiture- 3110,583.18;
Sidewalk Fund 5145,733.72;
LOPFI Fund 5371,207.66;
ACEDP Grant 1177,502.60;
King Opera House Fund 531,732.43;
Library Construction Fund 3854,991.47;
Library Sales Tax Fund $455,964.40; and
THAT, alt expenditures aro approved and a copy of the
Revised Budget is attached hereto and made a part hereof.
PASSED AND APPROVED THIS 9 8 4 4 DAY OF JANUARY 2008.
ATTESTED:
CL ir..,
CITY CLERK TREASURER
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF 4 -D
CONSTRUCTION, INC. FOR THE 2008 DRAINAGE IMPROVEMENT PROJECT AND
FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. There was none. Mayor Freeman said this was in the
Engineer's Report. Alderman Swaim seconded by Alderman Moore moved that the Resolution
be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman
Swaim, Parker, Moore, Johnson, 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 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN.
ARKANSAS. A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF 4 -13
CONSTRUCTION, INC. FOR THE 2008 DRAINAGE
IMPROVEMENT PROJECT AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren duly advertised and let bids for the 2008 Drainage
Improvement Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and 4 -D
Construction, Inc. was the lowest bidder, with a bid of $386,584.00, meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of 4 -D Construction. Inc. is the
best hid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section I. The City of Van Buren. Arkansas accepts the bid of $386.584.00 as submitted by
4 -D Construction. Inc. as set forth in "Exhibit 1" attached hereto, to be paid out of
capital improvements and with an $82,404.00 Community Development Block Grant
from the Arkansas Department of Economic Development; and
Section 2. The Mayor and City Clerk are hereby authorized by the City Council for the Ciry of
Van Buren to pay all expenses relating to this project and to execute all documents
necessary to effectuate this resolution.
IN TESTIMONY WHEREOF. th City of Van Buren, Arkansas, by its City Council, did
pass, approve. and adopt, by a vote of for and n against, the foregoing Resolution at
its Meeting helc on the 28th day of January 2008. IP
Robert D7 a i avo
ATTE TED: AP O V A TO FORM:
0 L-L4%C 1 a
Barbie Curtis, City Clerk/Treasurer N. m.ld Jenr Attorney
0 On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
COCKRAM CONSTRUCTION, INC. FOR THE FIRE STATION 143 RETAINING
WALL PROJECT AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Mayor Freeman
said this was in the Engineer's Report. Alderman Swaim seconded by Alderman Johnson moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Johnson, 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 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I -4_-2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF COCKRAA!
CONSTRUCTION, INC. FOR TI LE FIRE STATION #3
RETAINING WALL PROJECT AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren duly advertised and let bids for construction of the Fire
Station 43 Retaining Wall project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and Cockram
Construction, Inc. was the lowest bidder, with a bid of 525,920.00, meeting the bid
specifications: and
WHEREAS, the City of Van Buren has determined that the bid of Cockram Construction, Inc. is
the best hid;
NOW, THEREFORE, BE IT RESOLVED BY 171E CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section 1. The City of Van Buren, Arkansas accepts the bid of 525,920.00 as submitted by
Cockram Construction, Inc. as set forth in 1" attached hereto, one half to be
paid by the adjacent property owner Jimmy Bell, and the remainder of $12,960.00
to be paid out of capital improvements: and
Section 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to pay all expenses relating to this project and to execute all documents
necessary to effectuate this resolution.
IN TESTIMONY WHEREOF, the City; of Van Buren, Arkansas, by its City Council, did
pass. approve, and adopt, by a vote of Ip for and Q against. the foregoing Resolution at
its Meeting held on the 28th day of January 2008.
Robert Fr a 'or
ATTESTED: APPROVED a S TO PO'
Barbic Curtis, City Clerk/Treasurer N. Do ald in eAttorney)
0 On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN BUREN,
ARKANSAS APPROVING FINAL PAYMENT FOR THE STREET IMPROVEMENT
PHASE X PROJECT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. There was none. Mayor Freeman said this was in the Engineer's
Report. 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, Johnson, 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 -5 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 -5 -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION OF THE CITY OF VAN BUREN,
ARKANSAS APPROVING FINAL PAYMENT FOR THE
STREET IMPROVEMENT- PHASE X PROJECT.
WHEREAS, the City of Van Buren approved a contract with Wilson Bros. Construction, in
0 accordance with Arkansas law, for the Street Improvement Phase X project by
Resolution #5-3-2007; and
WHEREAS, the City is desirous to change the project as set forth in the final payment as attached
hereto, by increasing the contract amount by $177,611.75; and
WHEREAS, the increase of $177,611.75 or one hundred percent of the funds will come from the
2008 Street Improvement budget, previously approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section 1. That the City of Van l3uren, Arkansas accepts and approves a final payment of
$177,6 1.75, as set forth in"Exhibit I" attached hereto for the Street Improvement-
Phase X Project; and
Section 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to pay the expenses relating to final payment for the Street Improvement-
Phase X Project and to execute all documents necessary to effectuate said change
order.
TN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (p for and y against, the foregoing Resolution at
its Meeting held on the 28th day of January 2008.
7S
Robert D. F• +rte o\
•T'TE'STED: APPR VED AS TO ORM:
^QU-
�^o t2L[; U
Barbie Curtis, City Clerk/Treasurer N. D nald City A +mey
0 On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT WITH AMI ENGINEERING, INC. FOR,
COMPLETION OF THE 2008 AERIAL PHOTOGRAPHY AND MAPPING PROJECT;
FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Johnson, 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, Johnson, 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 that this was in
the Engineer's Report. Alderman Johnson asked how long before we have to do this again? City
Engineer responded maybe five (5) years.
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, Johnson,
0 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 Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Johnson, 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 2 -2008
CITY OF VAN BUREN fare, shall take full eff€ t'
ARKANSAS type of digital photo9ram- safety, and welfare of the from and after its passage
metric mapping that will' and approval.
ORDINANCE NO. 2 -2008 citizens of Van Buren.
benefit the city of Van Bu- SECTION 3: the Mayor is
CTY FOR THE I ren,
its citizens, and its ORDAINED ANDRENACTED; authorized to expend]
CITY OF VAN BUREN, AR-
'commercial base, as set- $124,580 for this mapping
forth in the Proposal for. BY THE CITY COUNCIL OF project, by the City Coun
KANSAS AN ORDINANCE THE CITY OF VAN BUREN,
I Mapping Services at- cil for the City of Van Bu-
TO BE ENTITLED: 'tached hereto as exhibit. ARKANSAS, THAT:. ren, and to execute a8
AN ORDINANCE TO SECTION I: the City Coun- documents, contracts,'
WAIVE COMPETITIVE 'N'; and
cil cil in accordance with
'WHEREAS, the attached' and agreements neces-
IZE A CONTRACT WT H I proposal is for aerial pho the terms of A.C.A1 sary to effectuate this Or
AMI ENGINEERING, INC.! tography and mapping for w 58 -30 re ement of dinance.
59 square miles of Van IN WITNESS WHEREOF„
I(FOR, COMPLETION OFD Buren's corporate city competitive bidding in the City of Van Buren, Ar -I
I THE 2008 AERIAL PHO limits and its planning dis this particular case as' kansas, by its City Coun -I
PING PROJECT; AND MAP such procedure is not' cil, did pass, approve, and,
trict to be performed by
PING PROJECT; FOR THE AMI Engineering, Inc. of deemed feasible or practi
neerng, adopt, by a vote of 6 fort
APPROPRIATION OF. cal and authorizes and di
Little Rock, Arkansas; and an 0 against, the forego
FUNDS; DECLARING AN reds the Mayor to purr
WHEREAS, the City Coun- ing Ordinance at its meet
EMERGENCY; AND FOR chase the above de
cil has determined, pursu- ling held on the 28th day
OTHER PURPOSES. scribed services. I
lant to A.C.A l of January, 2008.
WHEREAS, the City of Van Robert D. Freeman
14- 58d03(b)U)(B) that
SECTION 2: it is further
Buren n in need of up to found that due to an the {Mayor Robe
exceptional c ren
date and m ore accurate mediate need to begin the' ;Approved as to form:
stances exist which ren- PP
aerial mapping and high aerial photography and' N. Donald Jenkins, Jr
der the competitive bid
resolution imagery to as mapping to preserve the 1Cit Attorney
silt in long term city plan- ding process to not be Y
g practical or feasible; and price hereto, an emer ¢Attested:
ning, emergency plan- WHEREAS, a state of gency is declared to exist] IBarbie Curtis
ning, and economic .plan and this ordinance being
emergency exists be.; (City Clerk/Treasurer
ning; and for or the preser- published in the FebruarYl
cause the services herein,
WHEREAS, The City Engi- vation of the public!
neer has conducted ex- fare needed immediately] 2 2008 issue of the Press
.health;'safety i
tensiye research: into the to.orovide.for_thehealth, Argus- Courier
On the agenda next was to consider A RESOLUTION AFFIRMING THE CITY OF
VAN BUREN'S SUPPORT OF INDIVIDUAL RIGHTS REGARDING FAIR HOUSING
AND NON DISCRIMIMNATION AS TO ONES RIGHTS TO LEASE AND OWN REAL
PROPERTY. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was
any discussion. There was none. Alderman Swaim seconded by Alderman Johnson moved that
the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Johnson, 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 -6 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 b -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED
A RESOLUTION AFFIRMING THE CITY OF VAN BUREN'S
SUPPORT OF INDIVIDUAL RIGHTS REGARDING FAIR
HOUSING AND NON DISCRIMINATION AS TO ONES
RIGHTS TO LEASE AND OWN REAL PROPERTY.
WHEREAS, the Van Buren City Council desires to give meaning to the guarantees of equal rights
contained in the Constitution and laws of this State and the United States, and to
encourage and ensure all citizens and groups in the City of Van Buren the same rights
to inherit, purchase, lease, sell, hold and convey real property; and,
WHEREAS, under the Federal Fair Housing Law, Title VIII of the CivilRights Act of 1968, it is
illegal to deny housing to any person because of race, color, religion, sex, or national
origin;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: It is hereby declared that the policy of the City of Van Buren, Arkansas, is to adhere
to and comply with all laws, prohibiting discriminatory policies and practices based
on color, race, creed, or national origin in relation to both the private and public use
of housing and property ownership.
SECTION 2: It is hereby declared to be the policy of the City of Van Buren, Arkansas, to comply
with all provisions of the law dealing with open housing and discrimination in any
manner relating thereto, and further herewith resolved that the Mayor will utilize his
efforts and energies to end any discrimination within the City of Van Buren,
Arkansas.
IN TESTLMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of J for and Q against, the foregoing Resolution at its
meeting held on the 28th day of January 2008.
Robert D. Freeman, i ayor
ATTESTED: APPROVED AS TO FORM:
a4Jtc i a
Barbie Curtis, City Clerk/Treasurer N. D.ttiMIP City Attorney
Next on the agenda was Boards and Commissions. Mayor Freeman presented a letter to the
City Council confirming the appointment of Jay White who is filling the unexpired term of Lyn
Brown on the Van Buren Planning Commission Board. Alderman Parker seconded by
Alderman Dodd made a motion to grant•the recommendation. The Council followed with a
unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
seconded by Alderman Moore to appropriate the sum of $1,700,551.22 to pay expenses and
salaries for December 2007, presented by the City Clerk. The Council followed with a
unanimous vote.
1 -23 -2008 1 1 0 2 A C I T Y O F V A N B U R E N PALE: 1
TRIAL BALANCE
AS OF: DECUM3ER 315T, 2007
10 General Fund
MONTH TO OPTE YEPA TO D%.TE
ACCTA ACCOUNT NAYS DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 51,811.07 152,442.26
1020.10 Cash In Bank Sales Tax City 0.00 0.00 I
1020.11 Cash In Bank -XVBB 941.20 4,898.90
1020.13 Cash In Bask -ACT 833 8,494.15 39.711.97
1020.14 Court Automation District 910.00 34,022.94
1020.15 Cash in Bank -ACT 1314 0.00 28'242.72 1
1020.17 New Police Dept 0.00 35, 000.00 I 3 5 6 D 5 6 0
1020.19 Cash in Bank PD Co Tax 8,900.76 73,793.21 1,617+'74+
1020.19 Cash in Bank FD Co Tax 2,767.92 72,713.13 1 1 9 2 2 9.• 0 7
1020.20 Cash In Bask Erosion Control 325.00 13,400.00 5 6 19 1 7
1020.27 cash in Sank Levee 0.00 5,594.17 4 62 2 1 0 5
1020.31 Cash in Bank Parks 6 Pec 5.00 67,564.46 i
1020.51 Cash in Bank Cemetery 237.29 13,649.16 58,243•20+ I
1020.91 Cash in Bank Cap loop 223,915.45 775,741.19 5,897• 4 7
1040 Investments veatmenca 0.00 1 1 0, 1 1 7. 9 2+
1040.10 Investments Sales Tax City 0.00 .0.00 I
1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 170.17 60,180.39 1
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks 6 ReC 0.00 0.00
1040.51 Investments Cemetery 0.00 48,752.59 I
1040.91 investments Cap lap 0.00 1,791,482.68
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00 i
1505 Due From Other 'lands 0.00 0.00 I�
1520 Due from Street Fund 0.00 0.00
1540 Due From Library pond 0.00 0.00 I1
11
LIABILITIES AND FUND BALANCE
2000 Accoucts Payable 0.00 0.00 I.
2010 Municipal Health Ins. Payebte 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union -First Resource 0.00 0.00
2040 LOPFI Payable 0.00 0.00 1 1
2050 National Foundation Life Ins. 0.00 35.28 I
2060 MAC
0.00 0.00
2080 Conseco Payable 0.00 0.00 If
2090 New York Life Ins. Payable 0.00 0.00 1
.I
2100 Life Ins. of Georgia Payable 0.00 0'00
2130 Garnishments Payable 363.00 2,032.63
2135 R. Allen Teller 05023556 "10 0.00 0.00 li
2140 United Way Payable 0.00 0.00
2150 Parks 6 Rec. F.O.D. 0.00 250.00
2160 Pre-Paid Legal Services 0.00 0.00
7
Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented
for filing. Next on the agenda was Miscellaneous and General Discussion. There was none.
There being no further business, motion was made by Alderman Swaim and seconded by
Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 7:33 p.m.
AT ESTED: APP '•VED:
CITY CLERK TREASURER MAYOR r