11 November 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING NOVEMBER 17, 2008
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
November 17, 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 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 John Bell, member of the Civil Service Commission and
First Baptist Church Deacon.
Next, Mayor Freeman led the Pledge of Allegiance.
Next, Mayor Freeman made a special recognition of the Van Buren High School Pointer
Dance Team, State Champions. A first for the dance team.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on October 20, 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, Dodd, and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION OPPOSING THE
PROGRAMMING CHANGES AND IMPOSING ADDITIONAL SUBSCRIPTION
REQUIREMENTS AS TO CERTAIN FAITH AND VALUES PROGRAMMING ON
COX COMMUNICATIONS CABLE TELEVISION. 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 11 -1 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 L -200tl
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED'
A RESOLUTION OPPOSING THE PROGRAMMING
CIIANGES AND I)IPOSING ADDITIONAL SUBSCRIPTION
REQUIREMENTS AS TO CERTAIN FAITH AND VALUES
1'ROGRAJIJIING ON COX COMMUNICATIONS CABLE
(TELEVISION.
WHEREAS, The City of Van Buren has granted a franchise to Cox Communications Arkansas,
pursuant to Van Buren Municipal Code 416.01 et seg; and
WHEREAS, Cox Communications has given notice to the City of Van Burtn of its intent to
relocate certain faith and values based programming from the expanded basic
charnels to new subscription channels; and
WHEREAS, The City of Van Buren has a large number of senior citizens and home bound
citizens on fixed incomes that rely on their basic cable to obtain the Inspirational
Network, EWTN, Family Net and Trinity Broadcasting Network; and
WHEREAS, If Cox Communications implements these proposed programming chances, Van
Buren citizens, in order to continue viewing the above faith and values programming,
will have to pay an additional subscription fee. and in some cases even purchase a
newtelesisiorn
NOW, 'II lEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1. The City of Van Buren, Arkansas hereby declares its opposition to the changes being
made by Cox Communications mitt and values programming as identified above.
SECTION 2. The City of Van Buren, Arkansas hereby requests that Cox Communications keep
its current faith and values programming on channel assignments that will make the
programming available to the greatest number of subscribers possible.
SECTION 3. The City of Van Buren, Arkamas hereby requests that Cox Communications not
require separate subscription fees to receive faith and values programming, because
such fees will disparately impact the elderly and the home bound already on fixed
incomes.
SECTION 4. The City Clerk is hereby directed to file a copy of this resolution with the Federal
Communications Commission, the Arkansas Public Utilities Commission, and with
Cox Communications. 'The Mayor is further authorized to file with the Federal
Communications Commission any and all actions necessary to raise any objections
to the transfer of channels as proposed by Cox Communications.
IN TESTIMONY WHEREOF, the City sd Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of h far and 0 against, the foregoing Resolution at
its meeting held on dm 17" day of November, 2008.
Robes }w
ATTESTED:
0 `r ip&-) APPROVED AS TO FORM:
Curtis, City is, CCl l r N. I r Ann
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
PAYMENT OF ADDITIONAL FUNDS FOR THE JEFFERSON STREET BRIDGE
REPAIR PROJECT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. 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 11 -2 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I_ 02- 2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN.
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE PAYMENT OF
ADDITIONAL FUNDS FOR THE JEFFERSON STREET
BRIDGE REI'AIR PROJECT, AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren authorized the expenditure of up to 522,235, to be paid out
of capital improvements, for Clayton's Consulting \Velding Service. Inc. to
effectuate certain repairs to the Jefferson Street bridge, pursuant to Ordinance No.
20 -2008; and
WHEREAS, this appropriation ordinance failed to account for sales tax of 52,056.74, which is due
and payable to Clayton's Consulting Welding Service. Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE' CITY COUNCIL OF VAN BUREN.
ARKANSAS:
SECTION I: The Mayor is hereby duly authorized to expend an additional 52.056.74, as
appropriated herein, to be paid out of capital improvements to Clayton's Consulting
Welding Service. Inc., representing sales tax due and payable on the completed
Jefferson Street Bridge repair project, and to execute all documents, contracts, and
agreements necessary to effectuate this resolution.
SECTION 2: This action is authorized pursuant to Van Buren Municipal Code 03.04.01.
IN WITNESS WHEREOF, the City of Van Buren. Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (p for and 0 'ainst, the foregoing Resolution at its
meeting held on the 17' day of November, 2008.
tea
Robert
ATTESTED: APPROVED TO FORM:
rt i)
r1,tD .(nta -v
13arbie Curtis. City Clerklrreasurer N. .nal• 0 J City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PURCHASE A POLICE VEHICLE FOR THE CITY OF VAN BUREN
POLICE DEPARTMENT THROUGH THE STATE PURCHASE CONTRACT;
RESCINDING RESOLUTION 8 -1 -2008; AND FOR OTHER PURPOSES. 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 11 -3 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION N'0. I 6 -2008
BE Pr ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION AUTHOIIIZING THE MAYOR TO
PURCILISE A POLICE VEHICLE FOR THE CITY OF VAN
BUREN POLICE DEPAR'I'MFS'f THROUGH THE STATE
PURCHASE CONTRACT; RESCINDING RLSOLUTION 8 -1-
21108; AND FOR OTIIER PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of a specific police vehicle, for the safety
of life and protection o property by the City of Van Buren Police Department, and
WHEREAS, the City ofVan Buren, Ian izine insurance proceeds and funds already allocated in Ne
2008 budget, desires to purchase one (1) Ford Crown Victoria police pursuit sedan,
for the price of824,062.00, equipped with certain necessary options, as set forth in
attachment "A" hereto; and
\VHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such
vehicles though We state purchase contract, pursuant to AUK. CODE ANN. 19-11-
249, and the City has decided that it is in its best interest to purchase the above listed
vehicle via the 2009 Arkmtsas State Contract, Award No. SP -09 -0028; and
WHEREAS, this resolution supercedes Resolution 08 -01- 2008, which was passed while the State
Office of Procurement was in d¢ process of rebidding police vehicles and the state
contract referenced therein was no longer in force.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The Police Department of the City of Van Buren, Arkansas is in immediate need of
the sehicle setforth above.
SECTION 2: Said vehicle is to be purchased via the 2009 Arkansas State Contract, Award No
SP -09 -0028, from Bob Hurley Ford, for the total sum of $24,062.00.
SECTIONS; The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents, contracts, and agreements necessary to
effectuate this action.
SECTION4: This resolution hereby rescinds and replacesResolution 8 -1 -2008 previously adopted
by the City of Van Buren.
IN TESTIMONY \'HEREOF, the City oLVan Buren, Arkansas, by its Cite Council, did
pass, uppmvc, and adopt by a vote of 6 for and Q inst forp�oing Resolution at its
meeting held on the I7" day of Ee#aember 2008. x-Y
Nuan4-
tax
Robert D. Freeman, 4eyo?
ATTESTED: AFFRONT") AS' 0 FORM:
to 'sc&
Barbee Curtis, City Clerk/T
reasurer N. Dom Ili- ib' Anorney
On the agenda next was to consider A RESOLUTION ALLOCATING AND
APPROPRIATING INSURANCE PROCEEDS FOR VARIOUS REPAIRS TO
PROPERTY OF THE CITY OF VAN BUREN; AND FOR OTHER PURPOSES. 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 11 -4 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. L- 84 2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ALLOCATING AND APPROPRIATING
INSLRANCE PROCEEDS FOR VARIOUS REPAIRS TO
PROPERTY 00 THE CITY OF VAN BIiRRS1 AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van Buren has received insurance proceeds for stomt damages to various
city propenies and improvements; and
WHEREAS, these funds are design as follows for the repairs of city improvements:
1. City Hall 5 36,212.79
2. Senior lm 5 12,102.57
3. City Park S 2,674.78
VBPD Animal Shelter 3606.87
5. King Opera Ha use 543.504.00
6. City Park 870.00
7. Riverfront Park S 300.00
8. Library S 20,205.00
9. Field of Dreams S 14,266.87
10. FOD Concession IE2 8,922.15
11. FOD Press Box S 1,385 59
12. VBPD Sign 1,549.80
13. VBPD Arming 1,230.00
14. Fire Station #1 S 16,854.74
;and
WI IEREAS, the above funds need to be allocated from insurance funds to capital improvements
and general funds as appropriate;
NOW, THEREFORE, BE 01' RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAI':
SECTION 1 The above insurance proceeds are authorized to he moved from "insurance funds"
to "capital improvements, funds," as appropriate, and to be appropriated
for the corresponding repairs.
SECTION 2. The Mayor and City Clerk are hereby authorized by the Ciry Council for the City of
Van Buren to execute all documents necessary to effectuate this resolution.
IN 37STINIONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt by a vote of G for and0 against, the foregoing Resolution at
its regularly scheduled Sleeting held on the 17 day of November 2008.
41 1�
Robert D.!'
ATTESTED: APPROVED AS TO FORM:
IQ, f, ata
Barbie Curtis, City Clerk/Treasurer N. Donal Je Ano. r
On the agenda next was to consider A RESOLUTION APPROPRIATING FUNDS
AND AUTHORIZING AN AGREEMENT BETWEEN THE VAN BUREN BOYS
GIRLS CLUB AND THE CITY OF VAN BUREN, AND FOR OTHER PURPOSES. The
Clerk read the Resolution in its entirety. Mayor Freeman asked Alan Swaim, Field of Dreams
and Parks and Recreation Director, to explain this request. Alan told the Council that back in
2006. Babe Ruth had asked Van Buren to be on "stand by" to host the 2008 World Series. The
proceeds that we are talking about are from 2007 and 2008 World Series. Alan said that at the
time, the Boys Girls Club was having a Building Fund drive and we just didn't want to be a
hindrance to that, so Alan and Mayor Riggs thought this was the appropriate thing to do. Mayor
Freeman asked if there was any further 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, 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 11 -5 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. OS 2008
13E IT ENACTED BY THE CITY COUNCIL. FOR THE City OF VAN BUREN.
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION APPROPRIATING FUNDS AND
AUTHORIZING AN AGREEMENT BETWEEN THE VAN
BUREN BOYS GIRLS CLUB AND THE CITY OF VAN
BUREN, AND FOR OTHER PURPOSES.
WHEREAS, as a result of the volunteer work and generous community support, the 2008 Babe
Ruth World Series event hosted by the City of Van Buren generated 521,130 in
excess of expenditures which is currently held in the city general funds: and
WHEREAS, the City Council believes that the citizens and residents of Van Buren would greatly
benefit from the allocation of these funds to the Van Buren Bovs Girls Club Funds
for its youth and after school programs: and
WHEREAS, the City of Van Buren and the Van Buren Bovs Girls Club wish to enter into a
memorandum of agreement for the Club to provide year long programs and activities
for the citizens of Van Buren.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN.
ARKANSAS, THAT:
SECTION I: That the proceeds of the 2008 Babe Ruth World Series. of 521_.130.00, are hereby
allocated and appropriated to the Van Buren Boys Girls Club, a 501(c)(3)
charitable organization, which benefits the youth and citizens of Van 13uren with its
learning and athletic programs for the youth,
SECTION 2: This appropriation is contingent upon an agreement being reached as to the
designation use of their use of this allocation, said agreements to be prepared and
approved by the Van Buren City Attorney.
IN TESTIMONY WHEREOF. the City of Van Buren. Arkansas, by its City Council. did
pass, approve, and adopt, by a vote of (p for and 0 e nst, the foregoing Resolution at duly
called meeting held on the 17th day of November 2008.
Robert D. Free0r
ATTESTED: APPROV b AS 1 1 FORM:
Ir I
Barbie Curtis, City Clerk/Treasurer N. Don -n i tt Jr., C Attorney
On the agenda next was to consider A RESOLUTION APPROVING A ONE
HUNDRED DOLLAR ($100.00) CHRISTMAS BONUS TO ALL FULL -TIME, NON-
ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE. The
Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. Alderman Swaim seconded by Alderman Johnson moved that the Resolution
be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman
Swaim, Parker, Moore, Johnson, Dodd, and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -6 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 k 6 -200$
A RESOLUTION APPROVING A ONE HUNDRED DOLLAR (5100.00)
CHRISTMAS BONUS TO ALL FULL TIME, NON ELECTED CITY
EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE.
WITEREAS, The City of Van Buren, Arkansas, has paid a Christmas
Bonus to its salaried employees in the past; and
WIIEREAS, 'Ihe City of Van Buren, Arkansas, wishes to continue this
practice:
NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: THAT all full -time, non elected city employees who have
one (1) full year of service, shall be paid a one hundred
dollar (3100.00) bonus for Christmas.
PASSED AND APl'ROVED'1'IIIS 17 DAY OF NOVEMBER, 2008.
ATTESTED:
CGU L
CIT1' CLERK TREASURER
On the agenda next was to consider AN ORDINANCE ACCEPTING THE
MODIFICATION TO THE BID FROM A.J. GREENWOOD PLUMBING
EXCAVATING, FOR CHANGE ORDERS TO THE SYCAMORE 3 STREET
BRIDGE REPAIR 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 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 Sagely 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, 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. 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, 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.
Motion was made by Alderman Moore and seconded by Alderman Johnson, 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 27 -2008
WHEREAS, utilization of NOW THEREFORE BE IT
CITY OF VAN BUREN, box culverts for this pro- ORDAINED AND ENACTED
ARKANSAS ject will dramatically im- BY THE CITY COUNCIL OF
ORDINANCE NO. prove safety for traffic THE CITY OF VAN BUREN, t r a n s and agreements
27 -2008 and facilitate more or-
ARKANSAS, THAT: necessary to effectuate
BE IT ENACTED BY THE derly truck movement in SECTION 1: The City this Ordinance.
CITY COUNCIL, FOR THE this industrial area, with Council in accordance SECTION 4: To the extent
CITY OF VAN BUREN, AR- $25,598.76 of the funding with the terms of A.C.A 4 there is any conflict this
KANSAS AN ORDINANCE corning from 14- 58- 303(6)(2)(B), Ordinance hereby amends
TO BE ENTITLED: FEMA/ADEM, and $11,000
hereby waives the re- or supersedes Resolution
AN ORDINANCE AC- from local industry; and ereby nt of competitive 10 -1 -2008
CEPTING THE MODIFI- WHEREAS, based on a re- q previously
CATION TO THE BID view by the Mayor's of- bidding in this particular adopted by the City of
FROM A. J. GREEN- five, the City of Van Buren case, as such procedure is Van Buren, and the vari- Robert D. Freeman Mayor
WOOD PLUMBING has determined that this not deemed feasible or ous provisions and parts Attested:
EXCAVATING, FOR opportunity should be ap- Practical, and hereby hereto are hereby de- Barbie Curtis
CHANGE ORDERS TO proved immediately for authorized and directs the dared to be severable, City Clerk/Treasurer
THE SYCAMORE 3RD the preservation of the Mayor to enter into Con- and, if any section or pat Approved as to form:
STREET BRIDGE REPAIR health, safety and welfare tracts for the above de- of a. section, or any provi- N. Donald Jenkins, Jr.
PROJECT; FOR THE AP- of the citizens of Van Bu- scribed repairs. Sion or part of a provision City Attorney
PROPRIATION OF ren; and SECTION 2: That in order herein, is declared to be Published in the Novem-
FUNDS; DECLARING AN WHEREAS, the City'Coun- to make the repairs unconstitutional, inappro- ber 19, 2008 issue of the
'EMERGENCY; AND FOR cil has determined, purse- court hereto, at the amounts u, or invalid by any Press Argils- Courier.
OTHER PURPOSES. I ant to A.C.A g herein, it is further found court of competent juris-
WHEREAS, The City of 14-58- 303(b)(2)(B) that that there is an immediate diction, such holding shall
Van Buren previously ad- exceptional circum- need to begin the work not invalidate or affect
vertised, accepted and ap- stances exist, specifically hereto, and as such an the' remainder of this Or-
proved a bid from A. J. the temporal window for emergency is declared to dinance and to that extent
Greenwood Plumbing this opportunity and the exist and this ordinance the provisions hereto are
Excavating for street and economic assistance that being necessary for the declared to be severable.
drainage repairs of the is available at this time, preservation of the public IN WITNESS WHEREOF,
Sycamore 3rd Street which renders the formal health, safety, and wel- the City of Van Buren, Ar-
bridge repair project: and competitive bidding proc- fare, shall take full effect kansas, by its City Coun-
WHEREAS, the City now ess impractical and /or un- from and after its passage cii,. did pass, approve, and
has the opportunity to re- feasible; and and approval. I adopt, by a vote of 6 far
place the bridge with a WHEREAS, a state of
SECTION 3: the Mayor is and 0 against, the forego-
one hundred (100) foot of emergency exists because hereby duly authorized to ing Ordinance at its
box culverts, with partici- the repairs herein are expend up to the bid price scheduled meeting held
setforth in Exhibit "A" for on the 17th of November,
nation from local industry, needed immediately to
as more fully setout in Ex- provide for the health, up to $64,240.50, as ap- 2008.__
hibit "A" attached hereto; safety, and welfare of the propriated herein, to be
and citizens of Van Buren and paid out of capital im-
to preserve the property Provements, and to exe-
of the city.
cute all documents, ton-
On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S
MASTER STREET PLAN, ORDINANCE NO. 02 -2002; AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Alderman Swaim asked Mayor Freeman for the
Amendments to this Ordinance. The Mayor said that the map. which was displayed at the
Council meeting. was what they were approving. Alderman Swaim moved to Table the
Ordinance until next months meeting and asked for copies of the Amendments to review. The
motion was seconded by Alderman Johnson. The Council followed with a unanimous vote.
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, 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. 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, 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 Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 28 -2008
CITY OF VAN BUREN, 1 WHEREAS, as a result of IN WITNESS WHEREOF,
ARKANSAS this hearing; the Planning the City of Van Buren, Ar-
ORDINANCE NO. I Commission has Fecom- kansas, by its City Coun-
28.2003 mended that certain prop- cil. did pass, approve, and
BE IT ENACTED BY THE erty within the city limits adopt—by a vote of 6 for
CITY COUNCIL, FOR THE of the City Of Van Buren an 0 against, the forego.
CITY OF VAN BUREN, AR- be rezoned from its previ- ing Ordinance at its rneet-
KANSAS, AN ORDINANCE ous classification to the ing held on the 17th day of
I TO BE ENTITLED. following: November, 2008:
AN ORDINANCE TO Proo De scription Robert D. Freeman, Mayor
ertv
AMEND ORDINANCE Tract 2, Brisco Tracts 1 Attested:
NO. 7 -1 %3 (VAN BUREN 2, Section 32, Township 9 Barbie Curtis
MUNICIPAL CODE NO. N, Range 31 W, more corn- City Clerk/Treasurer
14.04.01) FOR THE PUR- monly known as 1033' 5. Approved as to form:
POSE OF REZONING 40th 1.Street; Van Lauren, N. Donald Jenkins, Jr.
CERTAIN PROPERTY IN Arkansas. 7. ,.n City Attorney
THE CITY OF VAN BU- Pm ned Z Published in the Novem-
REN, ARKANSAS, C -2 ber 19, 2008 issue of the
AMENDING THE. ZON- New Zoning Press Argus_Courier.
ING MAP OF THE CITY R -3
OF VAN BUREN, AR- WHEREAS, The proposed
KANSAS, AND FOR rezoning,herein. was rec-
OTHER PURPOSE& ommended by a majority
WHEREAS, the City of Vad vote of the entire Planning
Buren, Arkansas, is duly Commission, in acbor-
incorporated under the dance with A.C.A
laws of the State of Ar-
14-56-422;
kansas, with all powers, NOW, THEREFORE, BE IT
authority and duties of a ORDAINED BY THE CITY
city of the first class; and COUNCIL OF THE CITY OF
WHEREAS, the City of Van VAN BUREN, ARKANSAS:
Buren ,has adopted the SECTION 1: The above -de-
Zoning Ordinance for the scribed property is hereby
City of Van Buren (Ordi- rezoned, and the Van Bu-
nance No. 7- 1963): and ren Zoning Map is hereby
WHEREAS, notice of a amended to reflect this
Public Hearing was duly rezoning; and
published and aPUhlic SECTION 2: The adopted
hearing was conducted as rezoning shall be filed in
required by law (A.C.A the office of the City
14.56 -422)' on, November Clerk, in accordance with
3, 2008; and_ A.C.A 14 -56- 422(5);
On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S
TREE CITY USA REQUIREMENT FOR BOARD MEMBERS, ORDINANCE NO. 01-
2003; 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. 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. There was none.
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, Dodd, and
Sagely. Nays Alderman Johnson. The Mayor declared the motion carried as there were five (5)
ayes and one (1) 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 29 -2008
CITY OF VAN BUREN
,ARKANSAS
ORDINANCE NO..
29.2008' SECTION 2: The various
BE IT ENACTED BY THE 'provisions! and parts of
CITY COUNCIL. FOR THE this Ordinance are hereby
CITY OF VAN BUREN, AR- declared to be severable,
KANSAS AN ORDINANCE and. if any section or part
.TO BE ENTITLED: of a section, or any provi-
'AN ORDINANCE., TO sion or part of a provision
AMEND VAN BUREN'S l herein, is declared to be
TREE CITY USA RE, unconstitutional, inappro-
QUIREMENT• FOR i priate, or invalid by any
BOARD MEMBERS, OR- court of competent juris-
DINANCE NO. 01 -2003; 'diction, such hold shall
AND FOR OTHER PUR- not invalidate or affect
POSES. the remainder of this Or-
WHEREAS, there is a need I dinance and to that extent
to increase the participa- the provisions hereto are
Lion and the scope of the 'declared to be severable.
Van Buren Tree City USA IN WITNESS WHEREOF„
Program; and ''the City of Van Buren. Ar-
WHEREAS, the proposed kansas, by its City Coun-
amendments to the, Van cil, did pass, approve. and
Buren Municipal Code adopt, by a vote of 5 for
herein were recom- an 1 against, the forego
mended by the Mayor's ing Ordinance at its Meet
office and the current ing held on the 17th day of
'members of the Tree City Robert D Freeman, Mayor
USA Board:
.NOW, THEREFORE, BE IT Attested:
ORDAINED AND ENACTED Barbie Curtis
BY THE CITY COUNCIL OF City C ed /Trea
THE CITY OF VAN BUREN, N. Donald Jenkins Jr.
ARKANSAS, THAT: City Attorney
SECTION 1: Section 3,
subsection (A) of Ordi- Published in the Novem-
nance No. 01 -2003 (Van ber 19, 2008 issue of the
Buren Municipal Code Press ArgusCourier_
07.60.03) is amended as
follows:
(A) The Tree City. USA
Board shall consist of five
(5). members. Fomdeet
the -€aW, who shallbe ap-
pointed through the regu-
lar boards and commit-
tees appointment proce-
dure.
On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING)
THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR
THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2008; 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 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 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, 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.
Motion was made by Alderman Swaim and seconded by Alderman Johnson, 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 30 -2008
ITY
C OF VAN BUREN funding to continue
ARKANSAS current level of services being "adjustment F 011-
ORDINANCE NO. to its citizens by renewing back•of tax ;rates due :to
30-2008 the levy of a 2 mill tax on increase in aggregate i IN WITNESS WHEREOF,
BE IT ENACTED BY THE real and personal prop valuation of taxable prop- 1 the City of Van Buren, Ar
CITY COUNCIL, FOR THE erty, for the general mu erty." kansas, by its City Corm-
CITY VAN BUREN, CE
KANSAS AS nicipal purpose of the SECTION 3: A Certified cil, did pass, approve, and
AN ORDI NANCE City, and by renewing the Copy of this Ordinance
TO BE ENTITLED: levy f a 1.4 mill tax on shall be filed in the office adopt, by a vote of for
AN ORDINANCE LEVY- y an 0 against, the for ego
INC (RENEWING) THE real and personal and of the County Clerk of ing Ordinance at its meet
Property tax for the Van Crawford County, Arkan ing held on the 17th day of
MILLAGE FAX FOR THE
CITY GENERAL MUNICI. Buren library mainte- sas, in order that the Quo- November, 2008.
PAL PURPOSES AND nonce purposes. rum Court of Crawford Robert D. Freeman, Mayor
FOR THE PUBLIC LI NOW, THEREFORE, BE IT County, Arkansas, may in- Attested: •1
BRARY PURPOSES FOR ORDAINED AND EN ACTED elude the same in the gein- Barbie Curtis
THE YEAR 2 008; DE- BY THE CITY COUNCIL OF eral levy of the year 2008 City Clerk/Treasurer
GLARING AN EMER THE CITY OF VAN BUREN, and cause the same to be Approved as to form:
GENCY; AND FOR ARKANSAS, THAT: extended upon the tax N. Donald Jenkins, Jr.
OTHER PURPOSES. SECTION 1: The rate of all books and collected as re- City Attorney
real and personal property quired by law. Published in the Navem-
WHEREAS, the of Van is duln, in the City of Van Buren, i SECTION 4: this Ordi- ber 19, 2008 issue of the
Buren, Arkansas, S, C
Buren, Arka under the Arkansas, for the year of 1 nance being immediately press Argus- Courier.
incorporated
of t State the 2008, for the maintenance necessary to obtain reve-
laws
kansas, the h with of a City Public Library, nue to pay expenses of
authority and all l duties powe e rs, a under the authority of a the City Government for
a orthe First and vote of the people of the the City of Van Buren, Ar-
city ut City of Van Buren, Arkan- kansas, and necessary in
WHEREAS, the C lass; a of sas, and the City General providing for the immedi-
this REAdanhe Ordinance is immedi- Elections held, on the 7th ate preservation of the
ately necessary S t
for pees- day of April, 1942, (1 mill) public peace, health, and
safety and welfare e re of the e and the 8th day of Novem- safety, an emergency is
saf
saf
inhabitants of the City a her, 1994 (.4, mill), be, and declared to exist and this
the same is hereby affixed Ordinance shall be, take
Van Buren, Arkansas, Van a nsasi exists at 1.4 mills on the dollar of effect and be in force of
emergency anand
the assessed valuation of ter its passage and publi-
which requires
become s s that t this all real and personal prop- cation,------
Ordinance
diately effective and in arty subject to taxation in
the City of Van Buren, Ar-
full force and effect; and 1 kansas, for the year 2008,
WHEREAS, the City of Van
Buren, Arkansas, must for the p mai
nance purposes, subjlect ed
have funds for its munici-
pal to the provisions of Act
al operations, and can
only obtain the requisite No. 848 of 1981; the same
Next on the agenda was the Mayor's 2009 Budget discussion. This was a discussion only.
No action was taken.
Next on the agenda was Boards and Commissions. The Mayor received a letter from the
Tree City USA Board. Derek Riggs. City of Van Buren Property Manager has nominated
Michael Brammar, Barbara Little, Sonia Jenkins, Curtis Bear, and Jennifer Farrar to serve on the
Board of Commissioners. Alderman Dodd seconded by Alderman Swaim 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 Parker to appropriate the sum of $1,143,47.16 to pay expenses and
salaries for October 2008, presented by the City Clerk. The Council followed with a unanimous
vote.
11 -10 -2008 02:54 PM C I T Y O F V A N 8 3 8 1 0 PAGE: 1
TR2A1. BALAN ^E
AS OF: OCTOBER 31ST, 2008
10 General Fund
MON TN TO DATE YE0.Q To BATE
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS t
99 2.276.39 1
1
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 179,063.80 r a T O a 9 T 1
552,215.]1 r i
1020.08 Cash� p in Bank -Ina 2008 storm 0.00 0.00 2 3 6 3 2 9 9 i
1020.09 0isoc.,aemmOou Grant- Medialo 0.00 2,300.00 2 2 5 2 'I -0 8 9 1.
1020.10 cash In Bank F:OC 7,423.51 18,134.49
34,21!4
1020.11 cash in Bank -f:VBB 675.00 8,652.50
1020.13 Cash In Bans -ACT 833 0.00 39,636.90 I3 0 6
1020.14 Court Automation District 882.50 43,390.44 1 5 1 i 3,/ 4,' 1 6 u
1020.15 Cash in Bank -ACT 1314 0.00 0.00
:020.17 New Police Dept 0.00 35,000.00
1020.18 Cash to Bank PD Co Tax 22,332.39 104,726.81
1020.19 Cash in Bank FD Co Tax 23.729.59 154,227.31
1020.20 Cash In Bank- Erosion Control 300.00 315.00
1020.27 Cash in Bank Levee 650.00 6,344.17
1020.31 Cash in Bank Parks a Rec 21,925.59 710.50
1020.51 Cash in Bank Cemetery 58.64 12,921.88
1020.91 Cash in Bank Cap -p 3.134.59 187,279.47
1040 Investments 0.00 550,000.00
1040.10 Investments Sales Tax City 0.00 0.00 i
1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments F0 Co Tax 0.00 0,00
0040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks a Rec 0.00 0.00 1
1040.51 Investments Cemetery 0.00 48,752.59 II
1040.91 Investments Cap Imp 2,154.19 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 Due Fron Other Funs 0.00 0.00 I
1520 Due from Street Fund 0.00 0.00
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
2010 Municipal Health Ins. Payable G.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union -First Resource 0 0.00
2040 LO?FI Payable 0.00 0.00
2050 National Foundation Life Ins. 0.00
2060 tithe 0.00 0.00
2080 Conseco Payable 0.00 0.00
2090 New York Life Ina. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 137.00 1,385.00
2135 R. Allen Trust 45023556110 0.00 0.00
2140 united way Payable 0.00 0.00
I
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. Alderman Kevin
Johnson will be having a Christmas Lunch for all City of Van Buren employees on December
16, 2008 from 11:30 a.m. to 1:00 p.m. at North Park Baptist Church.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Johnson to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 8:05 p.m.
ATTESTED: q AP'RI? VED:
;l' -✓i K "mow( /°C/ J t jr
CITY CLERK TREASURER MAYOR