09 September 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING SEPTEMBER 15, 2008
The City Council of the City of Van Buren. Arkansas met at 7:00 p.m. Monday,
September 15, 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, and Dodd. Alderman Sagely was absent. City Attorney Donald
Jenkins and Deputy City Clerk Ashley Rust were present. This made a total of eight (8) present.
A quorum was declared.
The invocation was given by Lewis Ballard, Deacon of First Baptist Church, member of
the Levee Board and Housing Authority.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on August 18, 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, Johnson, and Dodd. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on September 2, 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, Johnson, and Dodd. The following voted nay: none.
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF THE "MORTON -LOPEZ ESTATES" WITHIN
THE CORPORATE CITY LIMITS OF THE CITY OF VAN BUREN, ARKANSAS. The
Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. 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, and Dodd. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 9 -3 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. ci -3 -2008
BE IT ENACTED BY THE CITY COUNCIL. FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AND ACCEPTING THE
FINAL PLAT OF TIIE "MORTON-LOPEZ ESTATES"
WITHINTIIE CORPORATE CITY LIMITS OF TIIE CITY OF
VAN 13UREN, ARKANSAS.
WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of
Arkansas, with all powers, authority and duties of a city of the first class, and under
such authority has adopted the Subdivision Regulations for the City of Van Buren
(Ordinance No. 7- 2003); and
WHEREAS, notice of a Public Hearing was duly published and a public hearing was conducted
as required by law (A.C.A. 14 -56 -422) on September 2.2008; and
WHEREAS, as a result of this hearing, the proposed Final Plat hereto was recommended by a
majority vote of the entire Planting Commission, in accordance with A.C.A.
14 -56 -422;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van
Buren Subdivision Regulations, Title 15 et seq., being executed to assure that all
improvements are put in and that all requirements of the Planning Commission are
met, the submitted Final Plat for the Morton -Lopez Estates within the corporate city
limits of the City of Van Buren, is hereby approved and accepted; and
SECTION 2: The Mayor is hereby authorized and directed to sign said plat document and the City
Clerk is authorized and directed to attest to same, upon acceptance of the constructed
improvements by the City, or, upon filing of any necessary bonds with the City Clerk.
IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass.
approve, and adopt, by a vote of for and il against, the egging Resolution at its meeting held
on the 15 day of September, 2008.
__s
Robert Freeman. 7 avor
ATTESTED: APPROVED AS TO FORM:
1�1tiQlh Q Qins_
Barbie Curti City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney
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On the agenda next was to consider A RESOLUTION AMENDING AND
CORRECTING RESOLUTION 8 -3 -2008 AND RESOLUTION 6 -5 -2008 REGARDING
THE SALE AND REMOVAL OF A CERTAIN FIXED ASSET, AND FOR OTHER
PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was
any discussion. The Mayor clarified that the correct tractor was sold, but the wrong control
number was listed. 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, and Dodd. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 9 -4 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. C LL 2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN.
ARKANSAS, A RESOLUTION TO 13E ENTITLED:
A RESOLITION AMENDING AND CORRECTING
RESOLUTION 8 -3 -2008 AND RESOLUTION 6 -5 -2008
REGARDING THE SALE AND REMOVAL OF A CERTAIN
FIXED ASSET, AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren authorized the sale and disposal of a certain obsolete fixed
asset pursuant to Resolutions No. 6-5-2008 and 8 -3 -2008: and
WHEREAS, those two resolutions, due to a ministerial error, were erroneously listed as Control
item ST -226, instead of Control item ST -225, which was the item actually disposed
of.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: Resolutions 6 -5 -2008 and 8 -3 -2008 are hereby amended to reflect that the John
Deere 5520 Tractor control number ST -226 is still in the Street Department's
inventory and the John Deere 5420 Tractor control number 5T -225 was removed
from the Street Department's inventory and disposed of in accordance with State law.
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the Cite of
Van Buren to execute all documents necessary to effectuate this resolution.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its Cite Council, did pass.
approve, and adopt, by a vote of for and fl against, the foregoing Resolution at its
meeting held on the 15" day of September, 2008.
Robert D. Freem Nlavar
ATTESTED: APPROVED AS TO FORM:
N 'LI /131- ar Curtis, City Clerk/Treasurer N. Donald Jenkins, Jr.. Cite Attorney
LVJpt{k� �1� CXli-
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
FROM T -N -T, INC. FOR THE COMPLETION OF 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. Mayor Freeman
added that this is the final portion of that project under the railroad tracks where 4 -D
Construction stopped. T -N -T will complete this project and we will take this up with 4 -D's
bonding company. 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, and Dodd. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 9 -5 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. Q 5 -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 FROM T -N -T. INC.
FOR THE COMPLETION OF THE 2008 DRAINAGE
IMPROVEMENT PROJECT, AND FOR OTIIE.R PURPOSES.
WHEREAS, the City oP Van Buren previously accepted and entered into a contract for the 2008
Drainage Improvement Project with 4 -D Construction, Inc. (Res. 1- 3- 2008), which
4 -D Construction, Inc. is in material breach of and
WHEREAS, upon notice of the breach, and ample opportunity to cure, the City of Van Buren duly
advertised and let bids for the final portion of the project on North 25' Street: and
WHEREAS, bids have been received and opened in accordance with Arkansas law. and upon
review by the City Engineer the hid of T -N -T, Inc. was determined to be the lowest
acceptable hid; and
WHEREAS, the City of Van Buren has determined that the above bid is the best bid meeting the
specifications for the completion of the 2008 Drainage Improvement Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN.
ARKANSAS, THAT:
SECTION 1. The City of Van Buren, Arkansas hereby accepts the above bids, as more fully set
forth in Exhibit `A" attached hereto, totaling S60,700, for inc completion of the 2008
Drainage Improvement Project.
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 and to execute all documents necessary to
effectuate this resolution, including filing any necessary claims against 4 -D
Construction, Inc. and/or their performance bond.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its Citv Council, did
pass, approve, and adopt, by a vote of_5 for and Q against, the foregoing Resolution at its
Meeting held on the 15'" day of September 8.
k
Robert D. Freeman, t j avo
ATTESTED: APPROVED AS TO FORM:
ul t I<
Barbie Cut is, City Clerk/Treasurer N. Donald Jenkins, City Attorney
I42Py CAT Ll.L.r'r,'
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 this be referred back to the Planning Commission for further review. The motion
was seconded by Alderman Dodd. Mayor Freeman asked if Alderman Swaim would like to
elaborate on the reason why. Alderman Swaim said that the impacts of traffic on a street with
only 2 lanes, two schools and a residential area on one side, and he thinks we might have a
problem with ISO insurance with overcrowding. There would be no way to get emergency
vehicles to that area. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim. Parker, Moore. Johnson. and Dodd. Nays none.
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINACE 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 Johnson. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, and Dodd. 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 Aldernan Johnson. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
and Dodd. 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 Johnson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
and Dodd. 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 Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 19 -2008
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. NOW, THEREFORE, BE IT
19-2008 ORDAINED BY THE CITY
BE IT ENACTED BY THE COUNCIL OF THE CITY OF
CITY COUNCIL, FOR THE WHEREAS, as a result of VAN BUREN, ARKANSAS:
CITY OF VAN BUREN, AR- SECTION 1: The above -de-
this hearing, the Planning
KANSAS, AN ORDINANCE Commission has recom- scribed property is hereby
TO BE ENTITLED. rezoned, and the Van Bu-
mended that certain prop- r en Zoning Map is
e ct this
hereb Y
AN ORDINANCE TO
AMEND ORDINANCE erty within the city limits amended to reflect the City of Van Buren le
NO. 7 -1963 (VAN BUREN. rezoning; and
be rezoned from its previ- ECT 2: The adopted(
CODE NO. ous classification to the pled
14.04.01) FOR THE PUR- rezoning shall be filed in
POSE OF REZONING following: the office of the City
CERTAIN PROPERTY IN �ertY h escriot)on Clerk, i accordance with
THE CITY OF VAN BU- j Part of the NW /4, SE/4 A.C §14 -56- 422(5);
REN, ARKANSAS, Section 24, Township 9 N, IN WITNESS WHEREOF,
AMENDING THE ZON- Range 32 W more tom- I the City of Van Buren, Ar-
ING MAP OF THE CITY manly known as 611 Fay- kansas, by its City Coun-
etteville Rd., Van Buren, cil, did pass, approve, and
OF VAN BUREN, AR- Arkansas.
AND FOR adopt, by a vote of 6 for
KANSAS, Prooerty Zoned and 0 against, the forego
OTHER PURPOSES. j R -2
WHEREAS, the City of ing Ordinance at its meet
Van Buren, Arkansas, is New Zo tina ing held on the 15th day of
duly incorporated under 2 Robe -t D. W
the laws of the State of WHEREAS, The proposed Robert D. Freeman, Mayor
Arkansas, with all powers, rezoning herein was rec- ATTESTED:
authority and duties of a om by majority By: Ashley D. Rust, Deputy
vote e of of the the by Planning City Clerk
city of first class; and Commission, in actor- for Barbie Curtis, City the City of Van dance with A.C.A Clerk/Treasurer y
Buren has adopted the 14- 56_422;
Zoning Ordinance for the APPROVED AS TO FORM:
City of Van Buren (Ordi- N. Donadl Jenkins, Jr.
City Attorney
nonce No. 7-1963); and Published in the Se tem-
WHEREAS, notice of a p
Public Hearing was duly ber 17, 2008 issue of the
published and a Public Press Argus- Courier.
hearing was conducted as
required by law, (A.C.A
14 -56 -422) on September
2, 2008; and
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING; TO AUTHORIZE REPAIRS TO THE JEFFERSON STREET BRIDGE; 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, and Dodd. 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, Johnson,
and Dodd. 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. Mayor Freeman said that two repairs were
listed- a faceplate and a span of a beam hit by a truck several years ago. Because of this they
have shut off heavy truck traffic.
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,
and Dodd. 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 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, and Dodd. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 20 -2008
WHEREAS, based on a re
CITY OF VAN BUREN, view by the Mayor's of NOW, THEREFORE, BE IT
ARKANSAS bee, the City of Van Buren ORDAINED AND ENACTED 1 (SECTION 3: the Mayor is
ORDINANCE N0. has determined that this BY THE CITY COUNCIL OF' hereby duly authorized to 1
20 -2008 bid is the best available THE CITY OF VAN BUREN, expend up to the bid price
BE IT ENACTED BY THE bid and should be ap !ARKANSAS, THAT: setforth in Exhibit "A" for
CITY COUNCIL, FOR THEI proved immediately for CTIO
N 1: The City lup to $22,235 as appropri-
CITY OF VAN BUREN, AR -i the preservation of the ef- Council in accordance fated herein, to be paid out
KANSAS AN ORDINANCE fected bridge and the' with the terms of A.C.A lof capital improvements,
TO BE ENTITLED: health, safety and welfare 14 -58- 303(6)(2)(8), and to execute all docu-
AN ORDINANCE TO of the citizens of Van Bu- hereby waives the re- ments, contracts, and
WAIVE COMPETITIVE i ren; and quirement of competitive agreements necessary to
BIDDING; TO AUTHOR- I I WHEREAS, the City Coun- bidding in this particular I I, effectuate this Ordinance.
IZE REPAIRS TO THEi cd has determined, pursu- case, as such procedure is IN WITNESS WHEREOF,
JEFFERSON STREET' i ant to A.C.A not deemed feasible or 'the City of Van Buren, Ar-
BRIDGE; FOR THE AP- 114- 58- 303(b)(2)( that practical,W°'and hereby l kansas, by its City Coun-
PROPRIATION OFI !exceptional circum- authorizes and directs the 1 cif, did pass, approve, and i
FUNDS; DECLARING ANI (stances exist, specifically Mayor to enter into con- !adopt, by a vote of 6 for 1
EMERGENCY; AND FOR the scarcity of services tracts for the above de- land 0 against, the forego
OTHER PURPOSES. 1 authorized and qualified scribed repairs. ing Ordinance at its Meet
WHEREAS. the City of Van to do the type of work re-'. TIN That in order ing held on the 15th of
Buren has discovered) quired hereto, which ren- to make the repairs September, 2008.
damage to the Jefferson I ders the formal competi- hereto, at the amounts Robert D. Freeman, Mayor
Street Bridge which is in! five bidding process im- 'herein it is further found Attested:
immediate need of re practical and/or unfeasi- 1 that there is an immediate By: Ashley D. Rust, Deputy
pairs; and I ble; and need to work hereto, and City Clerk
WHEREAS, the City has WHEREAS,' a state of as such an emergency is Barbie Curtis, City Clerk/
determined that Clayton's emergency exists because declared to exist and this Treasurer
Consulting 8 Welding the repairs herein are i ordinance being neces- APPROVED AS TO FORM: 1
Service, Inc. is qualified) needed immediately to sary for the preservation N. Donald Jenkins, Jr.
and able to effectuate thei provide for the health, I of the public health, City Attorney
repairs to the bridge, as safety, and welfare of the (safety, and welfare, shall Published in the Septem-
b 17, 2008 issue 1
her ssue of th
more fully setout in Ex- citizens of Van Buren and take full effect from and I
hibit "A" attached hereto; to preserve the property after its passage and ap- _Press Argus- Courier.
and ofjhecity.____._- proval.
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING; TO AUTHORIZE THE MAYOR TO ACCEPT AND ADMINISTER AN
ARKANSAS HISTORIC PRESERVATION PROGRAM GRANT ON BEHALF OF THE
CITY OF VAN BUREN HISTORIC DISTRICT COMMISSION; 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 Dodd. On the Clerk's calling the roll,
the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, and Dodd. 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 Johnson. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
and Dodd. 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. Dwight Hopkins briefly mentioned that this
was not a fast process. This has been in the works somewhere around three to four years.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Johnson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
and Dodd. 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 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, and Dodd. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 21 -2008
CITY OF VAN BUREN,
ARKANSAS SECTION 3: the M ayor is
ORDINANCE NO.' authorized to ad-
21 -2008 I WHEREAS, the Historic NOW�:THEREFORET. 8E:41. minister the grant funds
BE IT ENACTED BY THE Commission as identified ORDAINED AND ENACTED for the project, which will
CITY COUNCIL, FOR THE I and entered into negotia- BY THE CITY COUNCIL OF be completed no later
CITY OF VAN BUREN, AR- tions with preservation THE CITY OF VAN BUREN, than May 31, 2009, and to
KANSAS AB ORDINANCE planners, Thomason As- I ARKANSAS. THAT:. execute all documents,
TO BE ENTITLED: sociates, of Nashville, SECTION 1; The City contracts, and agree
AN ORDINANCE TO Tennessee, for a contract Council, in accordance ments necessary to effec-
WAIVE COMPETITIVE for professional services with the terms of A.C.A. 4 tuate this Ordinance, pur-
BIDDING; TO AUTHOR- relative to the research 14- 58- 303(b)(2)(B), suant to Ole attached cer-
IZE THE MAYOR TO AC- for and completion of, a hereby. waives the re- tified local government
CEPT AND ADMINISTER city wide historic preser- quirement of competitive program grant agree
AN ARKANSAS HIS- vation plan. in confor- bidding in this particular ment.
TORIC PRESERVATION mance with the above case, as such procedure is !IN WITNESS WHEREOF,
not 'deemed feasible or
PROGRAM GRANT ON grant; and the City of Van Buren, Ar-
BEHALF OF THE CITY WHEREAS, in accordance practical, and hereby kansas, by its City Coun-
OF VAN BUREN HIS- with A.C.A. authorizes and directs the cil, did pass, approved,
TORIC DISTRICT COM- 14- 58- 303(b)(2)(B) excep- Mayor to finalize and en- and adopt, by a vote of 6
ter into a contract for the
MISSION; DECLARING tion circumstances exist, for and 0 against, the
AN EMERGENCY; AND which render the formal above described services. foregoing Ordinance at its
FOR OTHER PURPOSES. competitive bidding proc- SECTION 2: That in order Meeting held on the 15th
to facilitate the contract
WHEREAS, the City of Van ess in this situation to not day of September 2008.
Buren applied for and re- be practical or feasible; hereto, it is further found Robert D. Freeman, Mayor
ceived an Arkansas His- and that there is an immediate ATTESTED:
toric Preservation Pro- WHEREAS, a state of need to begin the work Ashley Rust
hereto, and as such an
gram Grant for g y exists be- Deputy City Clerk
1 emer enc 52 to be used for cause the time constraints emergency is declared to Barbie Curtis,
within the terms of the, exist and this ordinance City Clerk/Treasurer
the development of a
preservation plan and de- grant, and the schedule of I Ibeing necessary for the APPROVED AS TO FORM:
sign guidelines for the Thomason Associations, preservation of the public N. Donald Jenkins, 1r., City
identification and protec- so as to provide for the; health, safety, and wel- Attorney
tion of historic sites, prop- health, safety, and wel: fare, shall take full effect Published in the Septem-
erties and districts; and to fare of the citizens of Van from and after its passage ber 17, 2008 issue of the
facilitate the development ,Buren and approval,_ Press Argus- Courier
of design review guide-
lines for the Fairview 1
Cemetery Historic Dis-
trict; and
Next on the agenda was a request from The Old Town Merchants Association to close
Webster Street from the top of the Intersection of Highway 64 thru and including 6` Street.
Mayor Freeman spoke with Barbara Little, President of The Old Town Merchants Association,
and they agreed to only close Webster Street between 7 and 8` Streets to allow for the carnival
to set up for the Fall Festival. Mayor Freeman asked for a motion to grant their request.
Alderman Parker seconded by Alderman Moore moved that the request be granted. The Council
followed with a unanimous vote.
Next on the agenda was a request from City Heights Elementary School to close Lee
Creek Park for their 5 -K Run and Walk. Mayor Freeman asked for a motion to grant their
request. Alderman Johnson seconded by Alderman Dodd moved that the request be granted.
The Council followed with a unanimous vote.
Next on the agenda was a request from Crawford County 4 -1 -1 to close Mike Meyer
Riverfront Park for their 5 -K Run. Mayor Freeman asked for a motion to grant their request.
Alderman Dodd seconded by Alderman Johnson moved that the request be granted. The Council
followed with a unanimous vote.
Next on the agenda was Boards and Commissions. The Mayor received a letter from the
Van Buren A P Commission. The Board of Commissioners of the Van Buren A P have
unanimously nominated Ms. Judy Davis to serve on the Board of Commissioners for another
four year term. Alderman Swaim seconded by Alderman Parker made a motion to grant the
nomination. The Council followed with a unanimous vote
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Dodd to appropriate the sum of $1,342,240.80 to pay expenses and
salaries for August 2008, presented by the Deputy City Clerk. The Council followed with a
unanimous vote.
9 -04 -2000 02:13 PM C I T Y O F VAN 0 5 0 0 0 PAGE:
L I
TRIAL BALANCE
AS OP: AUGUST 31ST. 3008 1
10 General Fund
MONTH TO DATE YEAR ro <1ATI
ACCTO ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 4.510.40 356,310.60
1020.09 District Cout Grant- Mediation 0.00 2,300.00
1020.10 Cash in Bank !6C 13,500.00 25,058.00 0 A a
1020.11 Cash in Bank -IC/B0 0.00 8,627.50
1020.13 Cash In Bank-ACT 033 22,970.68 39,636.90 1, 2 2 2 5 0 0. 7 I+
1020.14 Court Automation District 1,022.50 41,572.94 1 5 2 1 7 6
1020.15 cash in Bunk -ACT 1314 0.00 0.00 9 1 6 19 5 9
1020.17 New Police Dept 0.00 35,000.00
700-92+
1020.18 Cash in Hank PO Co Tax 6,418.00 02,622.16
1020.19 Cash in Bank FD Co Tai 27,421.75 128,100.62 2 2 3 5 8 0 3
1020.20 Cash In Bank Erosion Control 375.00 15,450.00 3 5 3 9 7 3
1020.27 Cash in Bank Levee 650.00 6,994.17 0 0 6
1020.31 Cash in Bank Parka 6 Rec 1 9 1 6 3 9 9 76,415.31 I 3 V 2 4 0 d 0`.
1020.51 Cash in Bank Cemetery 63.35 12,792.73
1020.91 Cash in Bank Cap Imp 172,721.70 473,611.65
1040 Investments 0.00 550,000.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.10 lnvestments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 investments L 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 1,799,793.07
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due Fran Other Funds 0.00 0.00
1520 Due from Street Fund 0.00 0.00
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
3000 Accounts Payable 0.00 0.00
3010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable D.00 0.00
2035 Credit Union -First Resource 0.00 0,00
2040 UDPPI Payable 0.00 0.00
2050 National Foundation Life Ins 0.00 35.20
2060 AFLAC 0.00 0.00
2080 Canseco Payable 0.00 0.00 1
2090 New York Life Ins. Payable 0.00 0.00 i
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 1,522.00 1,522.00
2135 R. Allen Trust 0502355610 0.00 0.00
3340 United May Payable L. 00 0.00
2150 Parks .6 Rec. F.O.D. 0.00 250.00 1
1
Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. The Mayor added that the Fire Department has been
working with the Forestry Service, AOG, OG &E, Rail Road, and Corps of Engineers to
clean up down at the Lee Creek Park area. There being no further questions or changes,
the reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Alderman Kevin
Johnson mentioned briefly that a Medicare workshop will be set up October 7` and 11 th
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Moore to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:37 p.m.
ATTESTED: APOOVED:
CITY CLERK TREASURER MAYOR