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12 December 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING DECEMBER 22, 2008 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, December 22, 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. Deputy City Clerk Connie Hyatt and City Attorney Donald Jenkins were present. City Clerk- Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was declared. The invocation was given by outgoing Alderman, Kevin Johnson. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman made a presentation to Alderman Kevin Johnson. Alderman Johnson has received the Van Buren Community Service Award for his two years of service. Next, Mayor Freeman made a special recognition to Scout Troop #45 Cub Scout #45 and their Leaders. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on November 17, 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. On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman mentioned it was the same budget presented back in the November meeting and that there has been no changes. Alderman Johnson asked the Mayor to revisit the issues of raises. Mayor replied that he will revisit the issue at mid -year. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 12 -1 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 6 1 -2008 A RESOLUTION ADOPTING A PROPOSE[) BUDGET FOR THE FISCAL YEAR ENDING DECEVIIIER 31, 2009. BE IT RESOLVE]) BY TIME CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I,: THAT the 2009.Proposed Expenditures of $11,182,624.00 (Eleven Million, One Hundred Eighty Two Thousand, Six Hundred Twenty Four Dollars) is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof; and SECTION 2: THAT the appropriations made herein include additional pay for Holidays for all a servants and employees of the City of Van Buren, including, but not limited to, uniformed employees, as provided for by the laws of the State of Arkansas. PASSSED AND AFFRONTED TIIIS a V DAY OF 2008. ATTESTED; C01�u <C��u�i C'irr£L: 'SURER Dt C4 Cle..lc. On the agenda next was to consider AN ORDINANCE TO ADOPT THE MOST CURRENT ARKANSAS FIRE PREVENTION CODE; TO AMEND VAN BUREN'S FIRE PREVENTION CODE, ORDINANCE NO. 02 -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 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 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 Johnson 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 Deputy City Clerk. CITY OF VAN BUREN, a THE ORDINANCE WAS GIVEN THE NUMBER 31 -2008 ARKANSAS WHEREAS, the City Coun- the of permits !•OW, THEREFORE, BE IT section or part ORDINANCE NO. cil of the City of Van-Bu- and collections of fees 'ORDAINED AND ENACTED !a i f an y 31 -2008 ROBERT D. FREEMAN, ren has determined that it therefore; By THE CITY COUNCIL of a section, or any provi- BE IT ENACTED BY THE: Mayor CITY COUNCIL, FOR THE( is appropriate, and in the! D. The regulation, in order OF THE CITY OF VAN BU sion or part of a provision APPROVED AS TO FORM: best inte of the citi- t0 promote the public PEN, ARKANSAS, THAT: herein, is declared to be CITY OF VAN BUREN, AR-0: N. Donald Jenkins, Jr., T zees of Van Buren for [het safety, health and general 'SECTION 1: The 2007 Edi I unconstitutional, inappro- KANSAS AN ORDINANCE! city to adopt this code in` {welfare, the structural, tion of the Arkansas Fire 'priate, or invalid by any. City Attorney TO BE ENTITLED: order to' facilitate proper' j strength, means of egress,': Prevention Code is, and :court of competent juris- ATTESTED: AN ORDINANCE TO. Connie Hyatt inspection and enforce-; s tability, sanitation, ode- has been prior to adop- diction, such holding shall. ADOPT THE MOST CUR t I Deputy City Clerk RENT ARKANSAS FIR& meet activities within the l quote light and ia- tion, on file in the office of not invalidate or affect! published in the Decem- City relating to: tion, energy conservation, 'the city clerk., the remainder of this Or- PREVENTION CODE; TO; ber 24, 2008 issue of thee, of AMEND VAN BUREN'S A. The Matto e gd gov workmanship, and safety SE 2: Subject to the he and to that extent Press Argus- Courier. FIRE PREVENTION' erning of the safegauarding 4o life and property from piovisions "of the provisions the provisions hereto area of life and property from fire and other hazards at '914.55 -207 and A.C.A. declared to be severable. I CODE, ORDINANCE NO. fire and explosion hazards tributed to the built envi- 414.54 -1012, CODE, AND FOR the 2007 Edi- SECTION 4: Co Applica- I OTHER PURPOSES. 1111ii arising from the storage.L ronment, and ,tion of the Arkansas Fire tion: Permits obtained WHEREAS the city of Van f handling and use of haz-t i WHEREAS, Arkansas Code "Prevention Code is hereby prior to the effective date 1 ardous substances, mate -t Annotated 914- 55.207 al- (adopted by reference for of this ordinance will be Buren has previously, e adopted, and currently vials and devices, and 'lows for the adoption of the City of Van Buren as enforced under the previ- enforces the 2002 Inferno- from conditions hazardous; I technical codes, such as though set out herein. ous adopted code until fi tional Fire code, pursuantp to life or property in the' the Arkansas Fire Preven- 1 !word for word. nal disposition of the per to Ordinance No. 02- 20031 occupancy of buildings, 'tion Code, by reference; ,SECTION 3: Section 1 of mit. (Van Buren Municipal and premises in the City; 1 and Ordinance No. 02-2003 SECTION 5: Repealer. All Code Chapter 11.20 and B. The regulation of the WHEREAS, the City Coun p (Van Buren Municipal laws, ordinances, resolu- WHEREAS the Arkansas construction, alteration, of the City of Van Bu- I Code 11.12.02) is tions, or parts of same, Fire Prevention Code, movement, enlargement, ren adopts this ordinance i amended as follows: that are inconsistent with 2007 Edition, Volumes I, II, replacement, repair, I under the authority of Ar- i There is hereby adopted the provisions of this ordi and III, based on the 2006; equipment, use and occu- I kansas Code annotated ,by "reference the 00 nance are hereby re- ,914 -55 -101, 914.55 -102, Lion of the Arkansas Fire pealed to the extent of International Fire Code:, pancy, location, mainte- 1. 914 -55 -501, 14.56 -201, .Prevention Code and a such inconsistency. been developed; and nonce, removal, and P Y- D demolition of every build- ;'and 914 -56 -202: and pendices tlegtg, for the SECTION 6; Effective 4 ing or structure or any ap- WHEREAS, the revised; !city of Van Buren, Arkan Date: The effective date! 'purtenances connected or Fire Prevention Code sas, or the most recent Hof this ordinance is Janu- attached to such buildings, hereto was reviewed by :edition thereof. Tag statu- ary 1, 2009. or structures; within the) the Van Buren Planning torily required copies of IN WITNESS WHEREOF, City; Commission, and upon no- this referenced regulatory the City of Van Buren, Ar- C. The proper inspection ,tire of a Public Hearing code shall be maintained kansas, by its City Coun activities relating to the 'and publication, was set on file in the office of the cil, did pass, approve, and! design, construction, qual for a Public hearing, con- Van Buren City Clerk, and adopt, by a vote of 6 for lily of materials, erection, ducted by the Commis- the same are hereby and 0 against, the forego ;installation, alteration, re- sion, in accordance with .adopted by reference and, ing Ordinance at its Meet !pair, location, relocation, state law; and !incorporated hereto as it ing held on the 22nd day 'replace replacement, ad- !WHEREAS, the proposed set out word for word of December 2008. 'dition to, use, or mainte- to the Van herein. i nance of one- and Buren Municipal Code !SECTION 3: Severability. ,two- family dwellings and herein were recom- The various provisions 'townhouses, and other emended by a majority land parts of this Ordi- buildings, structures, and vote of the entire Planning are hereby de- premises; providing_ f or, ,Commission. !clared_to_be_ severable,` On the agenda next was to consider AN ORDINANCE TO ADOPT THE MOST CURRENT ARKANSAS PLUMBING CODE AND FUEL GAS CODE; TO AMEND VAN BUREN'S PLUMBING CODE ORDINANCE, ORDINANCE NO. 08 -1959, AS AMENDED; 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 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. 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 32 -2008 S CT(a i 1: The 2006 Edi SECTION 3: Sectio o dinance andto that extent i CITY OF VAN BUREN, l no shall it be construed, toff lion of the Arkansas' Ordinance No. 08 -1959, the provisions hereto are '"ARKANSAS create a duty an the part Plumbing Cade, as pub as amended (Van Buren declared to be severable. ORDINANCE NO. of the City or its officials,i lished by the International I Municipal Code 11.12.02) SECTION 6: Code Applica- 32 -2008 employees, or agents, to Code Council for the Ar is amended as follows: tion: Permits obtained BE IT ENACTED BY THE State Code: The provi- prior to the effective date protect the health, safety, i kansas State Health De- 'CITY COUNCIL, FOR THE or economic interests of partment, to include all sions and regulations of of this ordinance will be CITY OF VAN BUREN, AR any persons or entity, and appendices thereto, and the Arkansas State enforced under the previ- KANSAS AN ORDINANCE no person or entity shall the 2006 Arkansas Fuel r Plumbing Code and the ous adopted code until fi- TO BE ENTITLED: have the right to rely o n Ga .C ode, are and have Arkansas State Fuel Gas nal disposition of the per AN ORDINANCE T O this Code, or any action been prior to adoption on. Cade and. any amend- n it. 'ADOPT THE MOST CUR- taken or not taken here -I file in the office of the city ments thereto adopted by SECTION 7: Repealer: All 'RENT ARKANSAS under, as a basis to assert clerk, the' availability of the State of Arkansas are laws, ordinances, resolu- jPLUMBING CODE AND any claim for any loss„ such codes, for inspection made apart of this chap trans, of parts of same FUEL GAS CODE; TO damage or expenses by the public, has been ter by reference a n d a that are inconsistent with (AMEND VAN BUREN'S against 'the City, its offi- duly published. Certified copy or copies 'the provisions.of this ordi- PLUMBING CODE ORDI cials,- employees orl SECTION 2: Subject to the shall be maintained an file nance are hereby re- NANCE, ORDINANCE agents. provisions of A.C.A. in the office of the City pealed to the extent of NO. 08 -1959, .AS WHEREAS, the revised 'd.. §14- 55.207 and A.C.A: Clerk/Treasurer, as re- such inconsistency. AMENDED; AND FOR Plumbing Code and Fuel §14.54 -1012, the following oohed by state law, and SECTION 8: Effective OTHER PURPOSES. Gas Code hereto was re-" I are hereby adapted by shall extend over and gov- Date: The effective date WHEREAS, the City of.Van viewed by the Van' Buren reference for the City of ern the installation of all of this ordinance is Mau- Buren has adopted the Ar- Planning Commission, and Van Buren as though set I plumbing for water, an/ 1, 2009. kansas State Plumbing upon notice of ai Public' out herein word for word: sewer, or fuel pas, in- IN WITNESS WHEREOF, Code pursuant to Ordi -i Hearing and publication, (a) Arkansas State Plumb -I stalled, •altered or re- 1 the City of Van Buren, Ar- nance No. 08 -1959, as was set for a Public hear ing Code, Tenth Edition 1 paired within the city kansas, by its City Coon- amended, which consti- I ing conducted by the 2006; SEC ION 4: the Title of, cil, did pass, approve, and tutes the official policy alt Commission, in actor (b)� Arkansas State Fuel Chapter 11.12 of the Van adopt, by a' vote of 6 for the city with regard to the dance with state law; and Gas Code, 2006 Edition; Buren Municipal Code is, and 0 against, the forego installation and mainte- i WHEREAS, the proposed' (c) All rules and regula- amended to read as fol- ing Ordinance at its Meet nance of all residential lows: to the Vani tions'of the state board of', lows: °Plumbing and FueIi ing held' on the 22nd day and commercial plumbing, Buren Municipal Code health governing the con- Gas Code: I of December 2006.' within its corporate city i herein were recom -i struction, installation and SECTION 5: Severability:'. ROBERT D. FREEMAN, limits; and t mended by a. majority inspection of plumbing The various provisions', Mayor WHEREAS, the purpose of! vote of the entire Planning) and drainage; s and parts of this Ordi- j APPROVED AS TO FORM: I this adopted code is to es- Commission. Id) Any administrative nonce are hereby de N. Donald Jenkins, Jr., tablish uniform rules and NOW, THEREFORE, BE IT. regulations of the state clared to be severable, City Attorney regulations for installing, ORDAINED AND. ENACTED( committee of plumbing and, if any section or part ATTESTED: I altering, and repairing B THE CITY COUNCIL OF. examiners; of a section; or any provi- Connie Hyatt water, sewer and gas THE CITY OF VAN BUREN„ (e) All of the above, as sion or part of a provision' Deputy City Clerk lines within the corporate ARKANSAS, THAT: amended. to the date of herein, is declared to be Published in the Decem I l of Van Buren. This this Code, together with unconstitutional, inappro- ber 24, 2008 issue of the' Ordinance is not intended all. subsequent amend- priate, or invalid by any Press Argus- Courier. menu, unless the city court of competent juris- I shall, by ordinance;, mod- diction, such holding shall ify or delete any such fu- not invalidate or affect ture amendment.,,„_ the remainder of this Or- On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, FIREFIGHTER TURNOUT GEAR FROM CASCO INDUSTRIES, INC.; 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 Johnson. 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. Mayor Freeman mentioned that we have Act 833 funds available to make these purchases. The idea was to purchase 9 -11 sets now and some in a couple of years down the road, rotate them out. The current purchase was based on who was in the most immediate need. 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, 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 Deputy City Clerk. CITY OF VAN BUREN, ARKANSAS THE ORDINANCE WAS GIVEN THE NUMBER 33 -2008 ORDINANCE NO. ,set firth in Exhibit r et= SECTION 4' It is further tached hereto, before the provide for the safety ono jnot 'invalidate or 33-2008 BE IT ENACTED BY THE 2009 price increases take :welfare of the citizens of 'found that due to immedi- the remainder of this Or-I CITY COUNCIL, FOR THEl effect; and Van. Buren. 'gate need to acquire this dinance'and to that extent CITY OF VAN BUREN, AR- WHEREAS, the cost of the NOW, THEREFORE, BE IT equipment for firefighter the provisions hereto are KANSAS AN ORDINANCE safety, and for compliance firefighter turnout gear. ORDAINED AND ENACTED declared to be severable. TO BE ENTITLED: with the 2007 Arkansas from Casco Industries, BY THE CITY COUNCIL OF IN WITNESS WHEREOF, AN ORDINANCE TO1 Inc. in Bryant, Arkansas, THE CITY OF VAN BUREN, Fire Prevention Code ands the City of Van Buren, Ar WAIVE COMPETITIVE the NFPA 1500 Guidelines, which has been deter- ARKANSAS, THAT: kansas, by its City Coon BIDDING AND AUTHOR mined to have the hest f ES CTION 1: The Van Bu- an emergency is declared cis, did pass, approve, ands IZE A CONTRACT FOR, available prices, is Iren Department is in, to exist and this ordinance: adopt, by a vote of 6 for AND PURCHASE OF, I being necessary for the FIREFIGHTER TURNOUT $1800.00-$2,000 per set, 'immediate need of nirie to preservation of the public and 0 against, the forego which exceeds the limit eleven sets of firefighter- p ing Resolution at its meet GEAR FROM CASCO IN- health, safety, and wel- 'DUSTRIEB, INC.; FOR for purchase without corn- .turnout gear as set forth fare, shall take hill effect brig held on the 22nd day petitive bidding under SECT( ear, is of December, 2008. THE APPROPRIATION ARK. CODE ANN. NN. .SECTION 2: Said from and after.its passage g ROBERT D. FREEMAN, OF FUNDS; DECLARING §14 -58-303 and Van Buren '.to be purchased from and approval. Mayor AN EMERGENCY; AND Municipal Code 03.04.01; Casco Industries, Inc, lo- SECTION 5: The Mayors APPROVED AS TO FORM: FOR OTHER PURPOSES l and cated in Bryant, Arkansas, and City Clerk are hereby) N. Donald Jenkins, Jr., ,WHEREAS, the City of Van (WHEREAS, the City Coun- for the sum of no more authorized by the City City Attorney Buren is in immediate cil has determined, pursu- than $25,000.00, including council for the City of Van ,ATTESTED: need of replacement fire- ant to ARK. CODE ANN. sales tax and shipping, Buren to execute all docu- 'Connie Hyatt fighter turnout gear for meets, contracts, and §14- 5 )(2)(8), that which is authorized hereto Deputy City Clerk the safety of life and pro- exceptional agreements necessary to p tional circum- to be paid out of Act 833 Published in the Decem- tection of property by the stances exist which rem- Public Safety Funds. effectuate this Ordinance. ber 24, 2008 issue of the City of Van Buren Fire De- SECTION 6• The various der the competitive bid- SECTION 3: The City 'Press Argus- Courier. ',partmenh and provisions and parts of WHEREAS, after extensive ding process to not be Council in accordance this Ordinance are hereby research and inquiry, in- or feasible; and with the terms of ARK. declared to be severable, :WHEREAS a sate of :CODE ANN. §14 -58 -303 eluding solicitation of in- 'emergency exists because '(b)(2)(B) hereby waives and, if any section or part) formation from various the firefighter turnout the requirement of com- e o a section, or any provi quipment providers and gear currently possessed petitive bidding and lion or part of a provision; manufacturers, the city of herein, is declared to be; by the Fire Department of authorizes and directs the Van Buren Fire Chief has Van Buren is near expira- Mayor to purchase the unconstitutional, inappro determined that there is tion and new equipment is above described gear Priate, or invalid by any an immediate need for court of competent juris needed immediately be- within the guidelines set nine to eleven sets of fire- fore the higher 2009 forth in Section 2 above. "diction, s_ such hol ding shall fighter turnout' gear, as prices go into effect, to 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 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 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. Alderman Johnson asked if there was any time frame on the arterials on 16 Street and the interstate. Mayor Freeman said that there is not a time frame available at this time. We are still waiting on the study back from the Arkansas State Highway Department. 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 34 -2008 CITY OF VAN BUREN ARKANSAS provide adequate access ORDINANCE NO. to all parcels of land in a 34 -2008 manner that will suite SECTION 2. The BE IT ENACTED BY THE needs and intended uses; approval, and adoption COUNCIL FOR THE Providea roadway net- plan is p this new street ption of Robert D. Freeman CITY OF VAN BUREN, AR- work that supports the ci- Mayor KANSAS AN ORDINANCE! ty's adopted Land Use made in accordance with Attested: TO BE ENTITLED: I A.C.A 14-56-422(5), and Plan and Map; and filed in shall be filed n the office Connie Hyatt AN ORDINANCE TOI WHEREAS, the new Mas- o f the city Deputy City Clerk AMEND VAN BUREN'S ty clerk, who shall MASTER STREET PLAN, I ter Street Plan hereto also file, with the County Approved as to form: ORDINANCE NO having been prepared re- Recorder for Crawford N. Donald Jenkins, Jr. the City Engineer, was C oun City Attorney 02 -2002; AND FOR' ty, a copy hereof. OTHER PURPOSES. viewed by the Van Buren SECTION 3. The various Published in the Decem- Planning Commission, and bet 24, 2008 issue of [hel WHEREAS, the City of Van upon notice of a Public provisions- and parts of J Buren has adopted a Mas- thi Ordinance "are hereby Press ArArgus- Courier. Hearing and publication, declared to be severable, ter Street Plan to provide was set fora Public hear- and, if any the orderly growth and in conducted by the y section or part g y development of the City of a section, or any provi- Commission, in actor- Sian Or part of Van Buren through the dance with A.C.A herein, D declaredprovision development of a road- §14.56- 422(1); and way system that provides unconstitutional, inappro- WHEREAS, the proposed court te, or invalid b y an y internal circulation within amendments to the Van amendments city while connecting cou of competent juris Buren Municipal Code to other population ten- diction, such holding shall; herein were recom- not invalidate or affect men lets in the River Valley, ded by not which constitutes the offi- y a majority the remainder of this en t: Comm vote of the entire Planning the provisions and to that extent: hereto are cial policy of the city with ission in actor- the re regard to the future Iota- dance with A.C.A declared to be severable. tion and function of all 14- 56- 422(3): IN WITNESS WHEREOF„ roadway systems; and NOW, THEREFORE, BE IT the City The objective ORDAINED AND ENACTED kansas, b of Van Buren, Ar of the Van Buren Master BY THE CITY COUNCIL OF cil, did y [s City Coun -I Street Plan is to: THE CITY OF VAN BUREN, pass, approve, and Provide for the efficient adopt, by a vote of 6 fort ARKANSAS, THAT: and 0 against, safe transportation of SECTION 1: The new 2008 in the forego -1 people and goods; Master Street Plan, as g Ordinance rdinanee at its Meet- Minimize the effect of ing held on the 22nd day recommended by the of December, 2008. j traffic on residential ar- Planning Commission, a eas; I copy of which is attached Provide smooth transi- hereto, is hereby adopted tion of traffic from resi- as the official master deptial areas to arterials, street plan for the city of expressways and free- Van Buren. 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 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 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 Johnson 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 35 -2008 CITY OF VAN BUREN WHEREAS, as a.result of ARKANSAS SECTION The adopted lann ORDINANCE NO. Commission has Precolm rezoning shall be filed in 35-2008 mended that certain pro the office of the City BE IT ENACTED BY THE erty within the city limits Clerk, in accordance with CITY COUNCIL, FOR THE of the City of Van Buren A.C.A §14-56-422(5): CITY OF VAN BUREN, AR- be rezoned from its previ- IN WITNESS WHEREOF, the City of Van Buren, Ar- KANSAS, AN ORDINANCE, ous classification to the TO BE ENTITLED. following: kansas, by its City Coun- a AN ORDINANCE TO Pro Description cil, did pass, approve, and AMEND ORDINANCE Parts of the NW 1/4, NE adopt, by a vote of 6 for NO. 7.1963 (VAN BUREN 1/4 Section 20, Township and 0 against, the forego MUNICIPALZCODE ^,NO. 9N, Range 31. W ..the.l ing Ordinance at its meet- 14.04.01) FOR THE PUR- Boatrighrs Subdivision ing held be Robb the 22nd day 2008. POSE OF REZONING and the Smith addition, of e rr, Freeman man CERTAIN PROPERTY IN Van Buren, Arkansas Robert t D D. THE CITY OF VAN BU IProoerty Zoned I Mayor REN, ARKANSAS, 'C -2 Attested: AMENDING THE ZON- INew Zoning Connie Hyatt ING MAP OF THE CITY IR -3 Deputy City Clerk OF VAN BUREN, AR- WHEREAS The proposed rec Approved Jeas nkins, to form: KANSAS, AND FOR rezoning herein was N. Donald Jenkins, Jr. OTHER PURPOSES City Attorney ommended by a majority y I ty Published in the Decem- WHEREAS, the City of Van vote of the entire Planning bee 24, 2008 issue of the Buren, Arkansas, is duly a- incorporated under the dance Commission, with in A.C.A ccor .Press Ar9n5- Courier. 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 r 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 a Public hearing was conducted as required by law (A.C.A 14 -56 -422) on November' 2, 2008; and On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S PRIVILEGE LICENSE ORDINANCE REGARDING GARAGE SALES, ORDINANCE NO. 30-1974, AS AMENDED; 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 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 third and final time. The Mayor asked if there was any discussion. Mayor Freeman noted that this Ordinance change was recommended by Alderman Moore. This clears up any misunderstanding regarding how many yard sales you can have within one calendar year. 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. Nays none. 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 36 -2008 CITY OF VAN BUREN NOW, THEREFORE, BE IT LIMITATIONS ON NUM -I fines not less than fiftf( IN WITNESS WHEREOF, ARKANSAS ORDAINED AND ENACTED' BER OF SAI ES: No more dollars ($50.00) nor more the City of Van Buren, Ar- ORDINANCE36 -2008 BY THE CITY COUNCIL OF than two (7) sales the I than five hundred .dollars kansas, by its City Coon- t BE IT ENACTED BY THE THE CITY OF VAN BUREN, nature 'described in' this ($500 00) Der day. cil, did pass, approve, and CITY COUNCIL, FOR -;THE ARKANSAS, THAT: Section may be conducted SECTION 3: CONFLICTS: adopt, by a, vote -of 6 for CITY OF VAN BUREN, AR- SECTION 1:' Section XIII by any persons. firms, or 'All ordinances and parts and 0 against, the forego KANSAS AND ORDINANCE subsection (A) of Ordi- corporations,-at any resi- of ordinances' in conflict in Ordinance at its Meet- TO BE ENTITLED: nance No. 30 -1974, as deuce or anv location with this- Ordinance, be ing held on the'22nd day amended (Van Buren Mu- within the corporate city' and the same are re- of December, 2008. AN ORDINANCE TO nicipal Code 04.20.11) is limits of Van B AMEND VAN BUREN'S uren dur- pealed. Robert D. Freeman PRIVILEGE LICENSE OR- amended as follows: jug any calendar year, ex- SECTION 4: SEVER Mayor ABIL- Mayor DINANCE REGARDING If ^y p ere', fir4 cludino the weekend of ITY: The .various provi- Attested: GARAGE SALES, ORDI A eiwperwtiworktiew44tartia "Baroains Galore on 64 signs and parts of this Or Connie Hyatt NANCE NO. 30 -1974, AS r "r persons se and charitable organize dinance are hereby de- Deputy'City Clerk AMENDED; AND FOR ^9 sale e tions, as set forth above. dared to be severable; Approved as to form: OTHER PURPOSES. "`able DURATION OF SALE: No and, if any section of part N. Donald Jenkins, Jr. I WHEREAS, the City p'p "'e' at the ti sale described in this ordi- of a section, or any provi- City Attorney adopted Ordinance PC y D e s i p^ nance shall a conducted lion or part of a provision Published in the Decem- eda- I for &period' in excess of herein, is declared to be ber 24, 2008 issue of the ,30 -1974, as amended, to ti three (3) consecutive unconstitutional, inappro- ro- Press Argus-Courier. establish certain rules and, 5 r I days, (72 hours). priate, or invalid by any .regulations pertaining to the operation of yard SECTION 2: Section XIII, court of competent juris- sales, garage sales, porch, i subsection (B) or Ordi diction, such holding shall sales, rummage sales, and a p -^n a a s bees fbe nance No. 30-1974, as I not invalidate or affect r"'y neck -l•al' 152 e,. amended (Van Buren Mu- the remainder of this Or- '•similar. type sales "yard, w dlargn, a p t nicipal. Code 04.20.11) is I dinance and to that extent sales within the city Lim for a amended as follows: the- provisions hereto are fits; and ,f-. pefiedePpf e4 No signs advertising said declared to be severable. WHEREAS, the City subse- Iquently 'adopted Ordi- "a 'n—Dhrae —a sale will shall be placed SECTION 5: The effective I nance 28 -1975, amending Clesk on utility poles, traffic date of this ordinance is hill two sash ssgn s, in street January 1, 2009. 'said- Ordinance, and treat- pen^ "s s -v a ^V• ^rjzod right -of -ways, and no ing language that is con- 44; ^4 afrh fusing and /or now abso- such lac signs wiRatha be Ilete;and without s f a ra place upon private prop 1WHEREAS, the City Lion, o to e 'r'-on ho arty without signed 'wishes to amend Ordi- an e authorization by the nance 30 -1974, ,as hs "t ••reds prier 13 owner of said private r't ^W^•^ ^es' f ^r soh I property. Any said sign amended, -to modify how 4+H s^ "Fre rely scrap post far a sale often a family can conduct r ^a; r1 ^•e^'h p^ authorized in this ordi- a yard sale at their ad- r,od, ^o" J f "e G•y nance will mull re- dress within a year, and to riot s a eppe4 ^h I moved within 23 hours af- clarify the rules and regu- I ter termination--of the Jatimis thereto._ j sale, and violations of this rho t section, shall be subject to On the agenda next was to consider AN ORDINANCE MODIFYING THE CONTRACT FOR THE 28 STREET WIDENING PROJECT TO INCORPORATE PROPOSED CHANGE ORDERS; 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 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 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. Mayor Freeman said the project is completed. This is for the final payment for additional concrete. 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. 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 37 -2008 i WHEREAS,based on a fe= r hereby waives the re- r view by the Mayor's of- priated herein i sl e paid IN WITNESS WHEREOF, CITY Y OF VAN BUREN fice, the City of Van Buren quirement of competitive I out of 'capital improve- the City of Van Buren, Ar- ARKANSAS has determined that the bidding in this particular ments, and to execute all kansas, by its City Coon- ORDINANCE NO. change orders hereto are case, as such procedure is documents, contracts, and cil, did pass, approve, and 37-2008 in the best interest of the not deemed feasible or I agreements necessary to adopt, by a vote of 6 for BE IT ENACTED BY 'THE city and will benefit the practical, and hereby I effectuate this Ordinance. and 0 against: the forego CITY COUNCIL, FOR THE health, safety and welfare authorizes and directs the SECTION 4: To the extent ing Ordinance 'at its CITY OF VAN BUREN, AR- of the citizens of Van Bu- Mayor to modify the ion- there is any conflict this scheduled Meeting held KANSAS AN. ORDINANCE I ren; and tracts for the above :de- Ordinance hereb amends on scribed repairs and im- y ce the 22nd day of De- TO BE ENTITLED: WHEREAS, the City Coun- or supersedes center, 2008. AN ORDINANCE MODI- cil has determined, pursu- provements. resolution(s) previously Robert D. Freeman FYING THE. CONTRACT I ant to ARK. CODE ANN. SECTION-2: That in order adopted by the City of Mayor FOR THE 28TH STREET, 1 14- 58.303(b)(2)(B) that to modify the amount yon Buren, and the vari- Attested: WIDENING PROJECT TO exceptional circum- spent on the contracted ous provisions and parts Connie Hyatt INCORPORATE ,r PRO- stances exist, specifically 'repairs hereto, at the hereto are hereby de- I Deputy City Clerk POSED CHANGE OR- the on going nature of this amounts herein, it 15 fur- clared to be severable, t Approved as to form: DERS; FOR THE APPRO- t her found that there is an pr which renders the and, if any section or part N. Donald Jenkins, Jr. PRIATION OF FUNDS; 1 formal competitive bid-. 1 immediate need to modify of a section, or any preivi- City Attorney DECLARING AN EMER- din I the initial contract hereto g' process impractical Sion or part of a provision Published in the Decem- GENCY; AND FOR and /or unfeasible; and and as such an emergency herein, is declared to be ber 24, 2008 issue of the I OTHER PURPOSES. t WHEREAS, a state of is declared to exist and unconstitutional, inappro- Press Argus- Courier. J this ordinance being nee- WHEREAS, the City of Van emergency exists because priate, or invalid by any t .Buren ssary for the preserva- usly con- 'the street repairs and im- 1 1 court of competent juris- tracted with Hudson Exca- 1 tion of the public health, p herein are F diction, such holding shall x i vation, Inc. of Van -Buren. nee provements ements ded immediatel y to safety, and welfare, shall Arkansas to con take full effect from and 1 not em r of f this s complete the 1 r n provide fox the health, the rem Or- of 28th Street Widening Pro-; safety, and welfare of the after its passage and ap- dinance and to that extent ject. The initial contract citizens of Van Buren ands proval. the provisions hereto are was in the amount of the to preserve property SECTION 3: the Mayor is P p D Y i declared to be severable. i 81,734,583.30, however, of the city. hereby duly authorized to i an additional $204,341.231 i NOW—THEREFORE. BE IT' modify the initial contract M necessary to complete) i ORDAINED AND ENACTED I in the amount of I the project pursuant to, BY THE CITY COUNCIL OF I $1,734,583.30, up to the l the 'attached change or- THE CITY OF VAN BUREN, bid price set forth in Ex- der, Exhibit "A making) ARKANSAS, THAT: I hibit "A for an increase, i the total project cost SECTION 1: The City iii the contract amount of $1,938,924.53. J I Council in accordance $204,341.23, for a total with the terms of ARK. Protect':. cost of CODE _ANN. $1,938,92433, as appro- 14- 58:303(b)(2)(B), Next on the agenda was the Mayor's City Health Insurance discussion. The City will be going to a $500.00 deductible versus each employee paying for part of their premium. The vote among departments was around 4 to 1 on this decision. Next on the agenda was Boards and Commissions. The Planning Commission has nominated Clark Moore to serve on the Board of Commissioners after Frank Newman's resignation. Alderman Swaim seconded by Alderman Sagely made a motion to grant the nomination. The Council followed with a unanimous vote. The Mayor received a letter from the Fairview Cemetery Board recommending Joe Smith to another term. Alderman Swaim seconded by Alderman Moore 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 $976,002.07 to pay expenses and salaries for November 2008, presented by the Deputy City Clerk. The Council followed with a unanimous vote. •0 C I T Y O F V'34 o 1 1 .3 E 0 PO0E: 1 12 -OB -2008 03:25 PM TRIAL BALANCE AS OF: NOVEMBER 30TH, 2008 10 General Fund 8ONTII TO DATE YEAi TO OATS ACCTp ACCOUNT NAME ]EB1T0 CREDITS DEB -TS CREDITS ASSETS 0.00 200.00 1000 Petty Cash 1020 Cash in Bank 92,493.88 959,729.86 1020.00 Dish is Bank -Ins scorn 2008 30,852.38 30.852.38 0.00 2, 300.00 1020.09 District Gaut Grant -Mnt-M edia cicn 6 1020.10 Cash in Bank HDC 164.77 17,969.72 I I 7 0 0.00 8,652.50 1020.11 Cash in Bank -KVBB 0. 1 0 0 5 1 J 61 56,910.57 773. 1020.14 Cash In Bane -ACT 833 16, 1020.14 Court An[Dna:iOn -Ois: ri c[ 965.00 94,355.44 2 I c 9 1 e 1020.15 Cash in Bank -ACT 1314 0.00 0.00 3 0 j 3 7 3 j 0.00 35,000.00 1020.17 N¢v Police Dept 0. 9 10 1020.18 Cash Bank PD Co Tax 22,862.07 127,588,08 5, -0' 1020.19 Cash in Bank FD Co 782 25,135.04 179,362.35 1020.20 Cash In Bank-Erosion Control 225.00 600.00 1020.27 cash in Bank Parke 0.00 6,344.17 1020.31 Cash 317 Bank 2a rks a Rec 50, 70D.P 40,989.77 1020.51 Cash in Bank Cemetery p 63.36 12,985.24 10 1040.91 Cash in Bank Cap lo_ 53,883.92 133,395.55 In 1040 Investments 0.00 550,000.00 1040.10 Investments Sales Tax City 0.00 0.00 0.00 10+0.1e Investments 00 Co Tax 0.00 O.00 1040.19 Investments FD Co Tax 0.00 1040.27 Investments Levee 0.00 0.00 1040.31 Inve st rt Pits Pa rits 6 ReC 0.00 0.00 1040.51 Investments Cemetery 0.00 48,752.59 1040.91 Investments Cap Imp 0.00 1.801.947.16 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 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due From Library Fund .00 0.00 LIABILITIES AND FUND BALANCE 0.00 0.00 2000 Accounts Payanle 0.00 2010 Municipal Health Ins. Payable 0.00 28 0.00 0.00 2030 Colonial io Payable 0.00 0.00 2040 LPF Credit Union e Fi 000 rSt Resource 0.00 2040 Nati al Payable Foie 4.952.90 9,992.60 35. 2050 National Fo.:ntla[ion :.i.e Ins. 180.14 B O.Id 2080 0 2080 844 seor Payable 1 O. DC 0.00 2090 ve York Life Ins. ?ayaole 0.00 0.00 0.00 0.00 2130 Lire Ins. of Georgia Payable 1,385.00 2130 Garnishments Payable 0 -00 2135 R. Allen Trust A502355630 0.00 0.00 2190 United flay Payah le 0.00 0.00 I1 Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman had a few things he wanted to discuss. First, Rena Road project is in the process of utility relocation. The total bill for this is $1.9 million. The City is responsible for 20% that which is split between water, sewer, and franchise utilities. Secondly, on the Levee Certification, no news is good news. We are still waiting on draft reports and will hopefully have them by the end of the month. Last, there has been a lot of questions regarding the possible stimulus package. There is possibly not enough money to go around for everyone's needs. Chad Parsley, a citizen of the City of Van Buren spoke about the 2008 Storm damage to his house. He hired a contractor from Spiro, OK to repair the damages and the job was not done well. The contractor put a lien on his house because of non payment and Mr. Parsley was very upset because he made numerous attempts to contact the City Attorney to take care of this matter. According to City Ordinance, Mr. Parsley said the City Attorney position is a full time elected position and is not supposed to have a private practice. Mr. Parsley stated that because Mr. Jenkins was too busy at his private practice he doesn't have a home anymore. John Pope gave a brief end of the year update on Keep Van Buren Beautiful. The community service worker program is working great. Mr. Pope thanked the City for recently re- implementing the Clean Up While You Walk signs. On the recent Fall Clean Up, Terry Schweitzer from Waste Management volunteered to write off dumpster usage costs to the City. This saved the City about $900. Alderman Parker commented on the Fairview Cemetery. She said they are doing a fabulous job on the preservation, restoration, and promoting the documentary. Randy Smith has been named by the Governor the Preservation Advocacy Award from the Arkansas Historic Program for his work with Fairview Cemetery. There being no further business, motion was made by Alderman Parker and seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:09 p.m. ATTESTED: APP R I VED: (t CITY CLERK TREASURER MAYOR