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07 July 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JULY 21, 2008 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, July 21, 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, Dodd and Sagely. Alderman Johnson was absent. City Attorney Donald Jenkins and City Clerk- Treasurer Barbie Curtis were present. This made a total of eight (8) present. A quorum was declared. The invocation was given by Lonnie Myers, Assistant Superintendent, Van Buren Schools. Next. Mayor Freeman led the Pledge of Allegiance. On the agenda next was a proclamation declaring August as "Clean Up While You Walk" month. Also, John Pope spoke about the program and how to put a shine on your neighborhood. On the agenda next. Mayor Freeman asked to adopt the minutes of the Council Meeting on June 16, 2008. 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, Dodd and Sagely. The following voted nay: none. Mayor Freeman also asked to adopt the minutes of the Special Council Meeting on June 26, 2008. Alderman Swaim made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd and Sagely. The following voted nay: none On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF AMER /CAN TRACK GENERATIONS, LLC FOR TRAFFIC CROSSING IMPROVEMENTS AT THE A M RAILROAD CROSSING AT NORTH 13 STREET, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. City Engineer, Brad Baldwin, mentioned that it was for an upgrade for the crossing by Butterfield. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderrnan Swaim, Parker, Moore, 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 7 -1 -2008 CITY OF VAN I3UREN, ARKANSAS RESOLUTION NO. I -1 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN I3UREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE BID OF AMERICAN TRACK GE ERA TIONS, .LLC FOR TRAFFIC CROSSING )M MOVEMENTS AT THE A ?lI RAILROAD CROSSING AT NORTH 13 STREET, AND FOR OTHER PURPOSES. VVFIEREAS, A M Railroad is preparing to upgrade their crossing at North 13th Street, near Butterfield Junior High, which will necessitate grade adjustments to the city street to provide a safe and smooth approach to the new crossing; and WHEREAS, a hid has been received from A M Railroad's contractor, American Track Generations, LLC, to complete the City's portion of the traffic crossing improvements at a cost of $13,596.00, which has been reviewed mtd approved by the City Engineer; and WHEREAS, the City of Van Buren has determined that the bid of American Track Generations, LLC is appropriate, cost effective, and in the bust interest of the City to accept; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN J3UREN, ARKANSAS, THAT: SECTION I. The City of Van Buren, Arkansas hereby accepts the bid of S13,596.00 submitted by American Track Generations, LLC, as set forth in "Exhibit 1" attached hereto, to be paid out of capital improvements; and SECTION 2. The Nlavor and City Clerk are hereby authorized by the City Council for the City of Van 13uren 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 5 for and _C against, the foregoing Resolution al its Meeting held on the 21" day of July 2008. •;ey Robert D. Freeman i r A'TJ'ESTED: A4?'I'OVI30 AS TI FORM: 6a(.42 Barbie Curtis, City Clerk/Treasurer N. Donald Jenk •r. Ci Attsrt On the agenda next was to consider AN ORDINANCE TO ESTABLISH THE OLD TOWN VAN BUREN FARMERS' MARKET; CREATING AN EXCEPTION TO THE CITY PRIVILEGE LICENSE REQUIREMENT; 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 notion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) 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, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) 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 Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Swaim, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swains, Parker_ Moore. 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 14 -2008 ORDINANCE NUMBER 14 -2008 CONTINUED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: The City of CITY OF VAN BUREN; Van Buren hereby estab- ARKANSAS fished the Old Town Van ORDINANCE NO. 14 -2008 Buren Farmers' Market BE IT ENACTED BY THE which shall be located at CITY COUNCIL, FOR THE the Old Town Van Buren CITY OF VAN BUREN ;AR Parking lot, located on: KANSAS, AN ORDINANCE! Webster and 7th and 8th; I who is disorderly, or who SECTION 10; Emergency TO BE ENTITLED: st ..I Streets in Historic Down refuses to obey any rule Clause. The Van Buren WHEREAS, the City of Van( town Van Buren, on the' or regulation made for the City Council has deter Buren wishes to establish date and times prescribed' t management or conduct mined that an emergency the Old Town Van 'Buren! herein. of the farmers' market.' exists and that the imme- Farmers' Market to sup -i SECTION 2: The farmers' 1 CTION 6: Every person diate adoption and en- port our region's farmers:' market established hereto who shall offer for sale, at forcement of this ordi- to connect consumers' di -i may be opened every Sat- 'the farmers' market, any nance being necessary for rectly to local food pro urday, beginning on the particle by weight or mess- the public peace, health, ducers; to strengthen ur- 3rd weekend in May, ure shall have all scales, safety and welfare, the ban -rural community' through the 1st weekend I weights and measures Provisions hereof shall be bonds; to educate the, in October, but shall not !properly examined, in full force and effect ,general public on the be open on any other day. tested; stamped, and from and after its pas benefits of eating locally' This market shall open no sealed„ in accordance sage. produced food; and to earlier than 6:00 a.m. and with state law. SECTION 11: The various promote consumer oppor shall close no later than SECTION' 7: At the end of provisions and parts of tunities for "Greener" 1:00 pan. during those each market day, each this Ordinance are hereby 'shopping and healthier di permissible dates. Vendor shall be required declared to be severable, ets; and SECTION 3: The following to leave the marketplace and, if any section or part WHEREAS, the City of Van' goods are hereby author- in a clean and sanitary of a section, or any provi- 'Buren and the Old Townl ized to be sold at the Old condition, free from sion or part of a provision Van Buren Merchants As -1 Town Van Buren Farmers waste, debris and insects. herein, is declared to be i sociation wish to create Market vegetables, honey, SECTION 8: The Old Town unconstitutional, inappro- 'vibrant opportunities for raw juices, molasses, Van Buren Merchants As- priate, or invalid by any !the region's agriculture fruit, plants, and other sociation shall make con- court of competent juris- community to come to- I produce. or agricultural veniently located toilet fa- diction, such holding shall gether with urban resi items grown by the Ven- cilities available for mar- not invalidate or affect dents to share the bounty' dor thereof, and any proc- ket Vendors. A signed let- the remainder of this ordi- Iof our land; to maximize, essed farm products de- ter from the property or nance and to that extent the local consumption of rived therefrom and pro- business owner granting the provisions 'hereto are local foods through lead-1 duced by the Vendor the market Vendors ac- declared to be severable. ership in the farm direct; 'thereof. All products sold cess to toilet facilities SECTION 12: All ordi- movement; and benefit at the farmers' market shall be submitted annu- nances, resolution or from "greener" distribd must be produced in com- ally to the Van Buren other acts of the City in tion channels for farm di- pliance with all applicable Code Enforcement offi- conflict with the terms rect products; and I regulations of the U.S. De- cials. hereof are repealed or WHEREAS, the establish -1 partment of Health, SECTION Si Parking is amended to the extent of 1 ment of a farmers' market and /or the U.S. Depart- prohibited to s anyone any such conflict. will benefit area farmers. ment of Agriculture, other, than the holder of IN WITNESS WHEREOF, and the producers of food' and /or any like agency or the farmers' market the City of Van Buren, Ar- goods and produce Iocali agencies of the State of space(s), as assigned by kansas, by its City Coun -j businesses that use food.. Arkansas. the Old Town Van Buren cif, did pass, approve, and products; and consumers, SECTION 4: Individual Merchants Association, or adopt. by a vote.of 5 for of all income levels who, Vendors selling permitted its designee, on the days and 0 against, the forego will gain access to health -1 items at the farmers' mar- and times established ing Ordinance at its meet -j ier, fresher, less trans -i ket shall be exempt from above. Removal of an un- ing held on the 21 day off ported foods, in addition obtaining a business privi- authorized vehicle by po- July 2008. to supporting regional ag- lege license from the City lice impoundment is to be Robert D. Freeman, Mayor riculture; and of Van Buren. 'Vendors upon complaint of a city Attested: WHEREAS, the City of Van shall however by required official or the Old Town Barbie 'Curtis, City{ Buren has found that the to comply with any Fed- Van Buren Merchants As- Clerk/Treasurer purposes herein require, eral, State, County, or sociation or its designee APPROVED AS TO FORM: immediate attention, for City statues or ordinances and shall be enforceable N. Donald Jenkins, Jr., City{ the protection of the otherwise applicable, in- beginning one hour prior Attorney r` health, welfare and safety eluding but not limited to to opening of the farmers' Published 'in 'the July 26,1 of the inhabitants of the those relating to sales tax, market on days as speci- 2008 issue of the Press Ar City of Van Buren, and asi sanitation, or food mann- fled above. _gus- Courier i� l herein set out, an emer facturing or sales. gency exists and is hereby SECTION 5: The farmers' declared to exist, and this market shall be under the ordinance shall be and be- supervision of the Old come effective immedi- Town Van Buren Mer- ately upon this passage chants Association, which and adoption by the City shall establish and en- Council. 1 force appropriate rules' and regulations relative to the operation of the farm- ers' market; and shall promptly remove or cause to be removed any person On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -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 Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore Dodd and Sagely. The Mayor declared the motion carried as there were five (5) 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 15 -2008 CITY OF VAN BUREN, ARKANSAS WHEREAS, asz result of ORDINANCE NO. 15 -2008 this hearing, the Planning BE IT ENACTED BY THE Commission has recom- CITY OF COUNCIL, FOR mended that certain prop- THE CITY OF VAN BUREN, erty within the city limits SECTION 2: The addpted' ARKANSAS, AN' .ORDI- of the City of Van Buren NANCE TO BE ENTITLED. I be rezoned from its previ- rezoning shall be filed in AN 0 ORDINANCE TO the office of the City ou classification to the Clerk, in accordance with j AMEND ORDINANCE EN following: Property r A.C.A. §14 -56- 422(5); NICIPAL N N (VAN BUREN O. Secte 1 9 Description IN WITNESS WHEREOF, 1 04.01 CODE PUR- Section Range Township 9 the City of Van Buren, Ar- P4, FOR THE PER- North, mm A on 31 West, kansas, by its City Coun- T N R REZONING IN CER- THE more commonly known as C PROPERTY IN THE Van North adopt, by a vote of 5 for cil, did pass, approve, and 12th Street, CITY OF VAN BUREN, AR- Van Buren,Arkansas and 0 against, the forego KANSAS, AMENDING THE .Prooertv Zoned ins Ordinance at its meet ZONING MAP OF THE R -1 ing held on the 21st day of CITY OF VAN BUREN, AR- New Zoning July 2008. KANSAS, AND FOR OTHER R -3. Robert D. Freeman, Mayor PURPOSES. WHEREAS, The proposed WHEREAS, the City of Van rezoning herein was rec- ATTESTED: Buren, Arkansas, is duly ommended by a majority Barbie Curtis, City I orated under the Clerk/Treasurer incorporated vote of the entire,planning laws of the State of Ar- Commission, in accor- APPROVED As TO FORM: kansas, with all powers, dance with A.C.A. j N. Donald Jenkins, Jr., City authority and duties of a 14- 56-422: Attorney city f the first class; and Published in the July 26, ty NOW, T BYOTH, BE IT WHEREAS, the City of Van ORDAINED BY THE CITY 2008 issue of the Press Ar- Buren has adopted the COUNCIL OF THE CITY OF 9us- Courier 1Zoning Ordinance for the VAN BUREN, ARKANSAS: —J !City of Van Buren.(Ordi- SECTION 1: The above -de- 1 nance No. 7- 1963); and scribed property is hereby I WHEREAS, notice of a rezoned, and the Van Bu- Public hearing was duly ren Zoning Map, is hereby I published and. a Public amended to reflect. this hearing was conducted as rezoning; and required by law (A.C.A. 14 -56 -422) on July 1, 2008; and Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Moore to appropriate the sum of S1,284704.70 to pay expenses and salaries for June 2008 presented by the City Clerk. The Council followed with a unanimous vote. 7- 02-2000 03:46 PM C I T Y O F V A N B U R E N PAGE: 1 TRIAL BALANCE AS OF: JUNE 3079, 2008 10 General Fund HONTH TD GAPE YEAR TO DATE ACCT9 ACCOUNT NAME DEBITS CREDITS 0F9 i70 CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 56,273.70 178,474.02 1020.09 District coot Grant Mediation 0.00 2,800.00 0•* 1020.10 Cosh in Bank IOC 11,558.00 11,558.00 1020.11 Cash in Bank-10/130 6,000.00 6,30230 1020.13 Cash In Bank -ACT 833 14,773.57 70,349.80 1 1 7 6 5 1 6 1020.14 Court Automation District 912. 50 39,600.44 1 7 5 3 2 4 1020.15 Cash In Bank -ACT 1314 0.00 0.00 8 4 I I 0 6 3 1020.17 New Police Dept 0.00 35,000.00 5 i 1 2 9' 2 4+ 1020.18 Cash in Bank PD Co Tax 20,507.05 63,887.94 2 1 6 0 5 3 1020.19 Cash in Dank FD Co Tax 26,495.90 128,788.03 1020.20 Cash In Bank Erosion Control 75.00 14,850.00 005 1020.27 Cash in Bank L e v e e 6 5 0 0 0 4 9 4 4 1 7 1> 2 8 4, 1 0 4. 7 0 x r 1020.31 Cash in Bank Parks 6 Re0 39,432.79 78,928.64 1020.51 Cash in Bank Cemetery 66.58 13,156.76 0 1020.91 Cash in Bank Cap Imp 439,577.44 1040 Investments 0.00 550,000.00 1040.10 Investments Sales Tax City 0.00 0.00 1040.10 Investments PD co Tax 0.00 0.00 1040.19 Investments FD Co Tax 0.00 0.00 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks 6 Rec 0.00 0.00 1040.51 Investments cemetery 0.00 48,752.59 1040.91 Investments Cap Imp 0.00 1,797,675.20 it 1050 Fixed Assets 0.00 0.00 1051 Accumulated• Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 D D0 li 0.00 1520 Due from Street Fund 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE A li 2000 Accounts Payable 0.00 0.00 El 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 I •2035 Credit Union -First Resource 0.00 0.00 2040 LCPFI Payable 0.00 0.00 2050 National Foundation Life Ins. 0.00 35.28 2060 AFIAC 0.00 0.00 zoeo eomeco Payable 0.00 0.00 2090 New York Life Ins. Payable 0,00 0.00 ft 2100 Life Ins. of Georgia Payable 0 Ii 0.00 2 I. 130 Garnishments Payable 2,488.93 19.00 r 2135 N. Allen Trust 8502355610 0 -00 0.00 II 2140 United Way Payable 0.00 0.00 2150 Parks 6 Rec. F.O.O. 0,00 250.00 I I, Y' I I Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for filing. There being no questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Holly McKinney with the Area Agency on Aging gave a quarterly report. Mayor Freeman mentioned that Arkansas Highway and Transportation Department will begin traffic counts when the school year starts for potential new access to Interstate 40. He gave a special thanks to Western Arkansas Planning and Development District and Ken O'Donnell for assisting with that. Mayor Freeman also said that port meetings started last week. Next. Mayor Freeman asked if there were any objections or discussion at possibly offering a temporary home for the Boys Girls Club after school programs at the old Library once construction of the new Library is completed. Mayor Freeman then commented that the Street Department has done a great job on debris clean up. The Levee Board met and the Levee Contract has been passed to the County Judge for their review. Mr. Brad Smyers addressed the council regarding a drainage problem at 2419 Linda Court. He was informed that we are aware of the problem and will continue to address it. 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 7:42 p.m. ATTESTED: 7� APP' I VED: /LCC Pte. (.i',!/ .L.) P CITY CLERK TREASURER MA OR