04 April 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING APRIL 19, 2010
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, April 19,
2010 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.
Ragsdale, Dodd, and Sagely. City Clerk- Treasurer Barbie Curtis was present. Alderman David
Moore and City Attorney Donald Jenkins were absent. This made a total of seven (7) present. A
quorum was declared.
The invocation was given by Joe Bagwell, a retired minister.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next. Mayor Freeman asked to adopt the minutes of the Council Meeting
on March 15. 2010. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Swaim, Parker, Ragsdale, Dodd, and Sagely. The following voted nay: none.
On the agenda next was to consider AN ORDINANCE ACCEPTING THE BID OF
PRO -FIRE EQUIPMENT, L.L.C. FOR THE UPGRADE OF AIR -PACKS FOR THE FIRE
DEPARTMENT AND DECLARING AN EMERGENCY. 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, Ragsdale, Dodd, and Sagely.
The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes
being necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. Mayor Freeman clarified that the Fire
Department applied for the AFG Grant. The city will match the grant funds by 5% to make
necessary upgrades to the air packs.
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, Ragsdale, Dodd.
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderman 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, Ragsdale, 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 4 -2010
ORDINANCE NUMBER 4 -2010 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDNANCE NO. 4- -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO 13E ENTITLED:
AN ORDINANCE ACCEPTING TIIE BID OF PRO -FIRE EQUIPMENT, L.L.C.
FOR TIIE UPGRADE OF AIR -PACKS FOR THE FIRE DEPARTMENT AND
DECLARING AN EMERGENCY.
WIIEREAS: The City of Van Buren has been awarded a grant from the Assistance to Firefighters
Grant Program; and
WHEREAS: These funds are to be utilized for upgrades to the air -packs within the Van Buren Fire
Department; and
WHEREAS: The City of Van Buren duly advertised and let bids for the upgrade of the air -packs for
the Fire Department; and
WHEREAS: Bids have been received and opened in accordance with Arkansas law and Pro-Fire
Equipment, L.L.C. was the lowest acceptable bidder, with a bid of $65,988.00, meeting
the bid specifications; and
WHEREAS: The City of Van Buren has determined that the bid of Pro-Fire Equipment, L.L.C. is the
best bid; and
WHEREAS: A state of emergency exists because the time constraints within the terms of grant,
and the immediate upgrades are necessary, so as to provide for the health, safety, and
welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION l: The Mayor is hereby authorized to accept and administer the grant funds from the
Assistance to Firefighters Grant Program for this project, and to execute all documents,
contracts, and agreements necessary to effectuate this Ordinance.
SECTION 2: The City of Van Buren, Arkansas accepts the bid of $65,988.00, as submitted by Pro -Fire
Equipment, L.L.C. and set forth in Exhibit "A" attached hereto, to be paid with the
Assistance to Firefighters Grant and five percent matching funds from the City of Van
Buren.
SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
Buren to pay all expenses relating to this project and to execute all documents necessary
to effectuate this ordinance.
SECTION 4: That in order to facilitate the Grant herein, it is further found that there is an immediate
need to make the commitments herein and begin the improvements hereto as soon as
possible, and as such an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health, safety, and welfare, shall take full
effect from and after its passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its
Regular Meeting held on the 19 day of April 2010.
O
Robert D. u
ATTTEES�TEQD�: C S
13arbie Curtis, City Clerk/Treasurer
On the agenda next was to consider AN ORDINANCE ACCEPTING THE BID OF
AIR CLEANING TECHNOLOGIES FOR THE INSTALLATION OF AN EXHAUST
REMOVAL VENTILATION SYSTEM /SLIDING BALANCER TRACK SYSTEM FOR
THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY. 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 Ragsdale.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were five (5) ayes
and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the
second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. Mayor Freeman again clarified that
this is an AFG Grant that the city will match the grant funds by 5 This system will hook up to
the fire trucks when they enter into the bay as well as when they are exiting to remove exhausts.
This is necessary because of health impacts from the exhaust.
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, Ragsdale, Dodd.
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Sagely, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Ragsdale, 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 5 -2010
ORDINANCE NUMBER 5 -2010 CONTINUED
CfIY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 5-
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ACCEPTING THE BID OF AIR CLEANING TECHNOLOGIES
FOR 1HE INSTALLATION OF AN EXHAUST REMOVAL VENTILATION
SYSTEM /SLIDING BALANCER TRACK SYSTEM FOR THE FIRE
DEPARTMENT AND DECLARING AN EMERGENCY.
WHEREAS: The City of Van Buren has been awarded a grant from the Assistance to Firefighters
Grant Program; and
WHEREAS: These funds are to be utilized for the installation of an exhaust removal ventilation
system at all three fire stations within the Van Buren Fire Department; and
WHEREAS: The City of Van Buren duly advertised and lot bids for the installation of an exhaust
removal ventilation system for the Fire Department; and
WHEREAS: Bids have been received and opened in accordance with Arkansas law and Air Cleaning
Technologies was the lowest acceptable bidder, with a bid of $53,946.00, meeting the bid
specifications; and
WHEREAS: The City of Van Buren has determined that the bid of Air Cleaning Technologies is the
best bid; and
WFIEREAS: A state of emergency exists because the time constraints within the terms of the grant,
and the immediate installation is necessary, so as to provide for the health, safety, and
welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF TIIE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION I: The Mayor is hereby authorized to accept and administer the grant funds from the
Assistance to Firefighters Grant Program for this project, and to execute all documents,
contracts, and agreements necessary to effectuate this Ordinance.
SECTION 2: The City of Van Buren, Arkansas accepts the bid of $53,946.00, as submitted by Air
Cleaning Technologies. and set forth in Exhibit "A" attached hereto, to be paid with the
Assistance to Firefighters Grant and five percent matching funds from the City of Van
Buren.
SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
Buren to pay all expenses relating to this project and to execute all documents necessary
to effectuate this ordinance.
SECTION 4: That in order to facilitate the Grant herein, it is further found that there is an immediate
need to make the commitments herein and begin the improvements hereto as soon as
possible, and as such an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health, safety, and welfare, shall take full
effect from and after its passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its
Regular Meeting held on the 19 day of April 2010.
Robert D. man, Mayor
ATTESTED:
Barbie Curtis, I'reas
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 Swains
moved that the rules be suspended and the Ordinance be placed on its second reading. The
motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd, and Sagely. The Mayor declared
the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for
passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Parker. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. Mr. John Rupe, the developer of this
property, said that this is a housing proposal for the average middle class elderly. Mrs. Alice
Medlock voiced that her concern is the congestion on Pointer Trail. She lives in the Heritage
Heights addition and the traffic on Pointer Trail is already a problem. She wanted to see if this
could be postponed a month. Mayor Freeman informed Mrs. Medlock that a public hearing was
held on March 2 and it was published and posted. Janet Medlock is a business owner on Pointer
Trail and has concerns with the traffic on Pointer Trail. Patrons of her business cannot turn left
out of her business. Sandy Franks lives in Heritage Heights and her parents live on 9 Street and
she has trouble getting out on Pointer Trail so she goes around through City Park to get there.
Mr. Rupe says he respects what the public is saying. Kevin Clifton is a realtor that lives directly
across the street from this project. He is concerned about the property values of the surrounding
properties. Jeff Clark would like to know what the city is doing to keep up with the progress of
the growing community. Mayor Freeman asked Mr. Clark to stay until the end of the meeting
and he will address his concern. Mark Matthews who lives in Heritage Heights as well said there
is some property across from Brother's Construction that might be another option.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker. Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 6 -2010
ORDINANCE NUMBER 6 -2010 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. C -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
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 TIIE CITY OF VAN BUREN,
ARKANSAS, AND FOR OTHER PURPOSES.
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
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van
Buren (Ordinance No. 7- 1963); and
WHEREAS, notice of a Public Bearing was duly published and a Public hearing was
conducted as required by law (A.C.A. 14 -56 -422) on March 2, 2010, for two
separate rezoning requests; and
WHEREAS, as a result of this hearing, the Planning Commission has recommended that
certain property within the city limits of the City of Van Buren be rezoned from
its previous classification to the following:
Property Description Property Zoned New Zoning
LOT 4B -1, THE PLAZA ADDITION C -2 R -3
CITY OF VAN BUREN
LESS TIIE SOUTHEAST 150 FEET
BY 150 FEET THEREOF
WHEREAS, The proposed rezoning herein was recommended by a majority vote of the entire
Planning Commission, in accordance with A.C.A. 14 -56 -4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS;
SECTION 1: The above described property is hereby rezoned, and the Van Buren Zoning Map
is hereby amended to reflect this rezoning; and
SECTION 2: The adopted rezoning shall be filed in the office of the City Clerk, in accordance
with A.C.A. 14-56- 422(5);
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and 1 0 against, the foregoing Ordinance at its
Regular Meeting held on the 19th day of April 2010.
Robert D.- 7
ATTESTED:
Barbie Curtis, City ClerkI'l'reasurer
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 Ragsdale. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd, and Sagely. The Mayor declared
the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for
passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 7 -2010
ORDINANCE NUMBER 7 -2010 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.1 -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
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.
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
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van
Buren (Ordinance No. 7- 1963); and
WHEREAS, notice of a Public Bearing was duly published and a Public hearing was
conducted as required by law (A.C.A. 14 -56 -422) on April 6, 2010, for a
rezoning requests; and
WHEREAS, as a result of this hearing, the Planning Commission has recommended that
certain property within the city limits of the City of Van Buren be rezoned from
its previous classification to the following:
Property Description Property Zoned New Zoning
PART OF SECTION 30, 1 -2 C -2
TOWNSHIP 9 NORTH,
RANGE 31 WEST,
CRAWFORD COUNTY, ARKANSAS
(DESCRIBED AT EXHIBIT A)
WHEREAS, The proposed rezoning herein was recommended by a majority vote of the entire
Planning Commission, in accordance with A.C.A. 14 -56 -422;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
SECTION 1: The above- described property is hereby rezoned, and the Van Buren Zoning Map
is hereby amended to reflect this rezoning; and
SECTION 2: The adopted rezoning shall be filed in the office of the City Clerk, in accordance
with A.C.A. 14 -56- 422(5);
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 6 for and O against, the foregoing Ordinance at its
Regular Meeting held on the 19th day of April 2010.
Robert D. Free or
ATTESTED: �I,1
Barbie Curtis, City Clerk/Treasurer
On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN
MUNICIPAL CODE NO. 12.08 FOR THE PURPOSE OF GOVERNING THE USE OF
LAKE CAP BEDELL IN THE CITY PARK 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 Parker. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd, and Sagely. The
Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll. the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 8 -2010
ORDINANCE NUMBER 8 -2010 CONTINUED
CITY OF VAN BUREN, K
ARANSAS
ORDINANCE NO.D -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE TO AMEND VAN BUREN MUNICIPAL CODE NO. 12.08
FOR THE PURPOSE OF GOVERNING THE USE OF LAKE CAP BEDELL IN
THE CITY PARK OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
l'URI'OSES.
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
WHEREAS, Lake Cap Bedell is an existing lake within the City Park of Van Buren, Arkansas, and
under the regulation, control and supervision of the City Council of Van Buren, Arkansas;
and
WHEREAS, the City of Van Buren has adopted the Van Buren Municipal Code No. 12.08
governing the use of Lake Cap Bedell in the City Park Of The City Of Van Buren,
Arkansas; and
WHEREAS, the proposed amendment to the Van Buren Municipal Code herein will clarify
requirements as to use of Lake Cap Bedell, which will protect public property and
life safety within the city;
NOW, 'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y
OF VAN BUREN, ARKANSAS:
SECTION 1: Section 12.08, Lake Cap Bedell of the Van Buren Municipal Code is hereby
amended as follows:
12.08.01 Uses Regulated, Penalty. There shall be no persons allowed to wade or
swim in Lake Cap Bedell nor shall there be allowed any boats, canoes or any
other floating apparatus on Lake Cap Bedell without the permission of the City
Council of Van Buren, Arkansas; that any violation hereinabove mentioned shall
be deemed a misdemeanor and punishable by a fine up to One Thousand dollars
($1000.00).
SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by
any court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared
to be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of r for and O a'. inst, the foregoing Ordinance at its
Regular Meeting held on the 19th day of April 2010.
Robert D. Free�rr>!'
ATTESTED: //77
l
Barbie Curtis, City Clerk/Treasurer
On the agenda next was to consider AN ORDINANCE SUPPORTING THE
ADOPTION OF THE ARKANSAS DIAMOND DEFERRED COMPENSATION PLAN
FOR THE CITY OF VAN BUREN. 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, Ragsdale, Dodd, and Sagely. The Mayor
declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Parker. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd,
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. Mayor Freeman explained that this is
the adoption of the state's 457 plan and not a retirement plan that is in any way funded by the
City of Van Buren. If the employee wants to contribute money to a 457 it defers taxes so he /she
can contribute to the plan and use it for a supplement to retirement. They must be an employee of
the City of Van Buren or the State of Arkansas to contribute. Chief Bell included that there is no
age limit on withdrawal.
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, Ragsdale, Dodd.
and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 9 -2010
CITY OF \'AN BUREN, ARKANSAS
ORDINANCE NO. q 2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE SUPPORTING TIIE ADOPTION OF THE
ARKANSAS DIAMOND DEFERRED COMPENSATION
PLAN FOR TIIE CITY OF VAN BUREN.
WHEREAS, the City of Van Buren, Arkansas (hereinafter referred to as the "City has
determined that in order to attract and retain qualified employees, it is necessary
to provide a deferred compensation plan in accordance with the provisions of
Arkansas Code Annotated §21 -5 -501, et. Seq., and in accordance with Section
457 of the Internal Revenue Code of 1986, as amended;
WHEREAS, the City wishes to participate in the Arkansas Diamond Deferred Compensation
Plan "Plan'), which is a deferred compensation plan established for the benefit of
employees and independent contractors of the State of Arkansas, any agency or
instrumentality of the State or a political subdivision of the State, in accordance
with the provisions of Arkansas Code Annotated §21 -5 -501, et. Seq., and in
accordance with Section 457 of the internal Revenue Code of 1986, as amended;
WHEREAS, the City has determined that by participating in the Plan it will reduce overall
administrative costs of operating a deferred compensation plan, and afford
attractive investment options to its employees;
WHEREAS, in order to become a Participating Employer in the Plan the City must execute an
Adoption Agreement to the Plan; and
ORDINANCE NUMBER 9 -2010 CONTINUED
WHEREAS, the City Council is authorized by law to adopt this ordinance approving the
Adoption Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS;
SECTION 1. The City adopts the Plan.
SECTION 2. The City acknowledges that the Plan Administrator for the Plan is the Executive
Director, Employee Benefits Division, Department of Finance and Administration
of the State of Arkansas.
SECTION 3. The Mayor is authorized to sign the Adoption Agreement to the Plan and by so
signing, be bound by the terms of the Plan as stated in the Adoption Agreement
and other Plan documents. The City reserves the right to amend its elections under
the Adoption Agreement, so long as the amendment is not inconsistent with the
Plan or the Internal Revenue Code or other applicable law and is approved by the
Plan Administrator.
SECTION 4. The City agrees that it shall abide by the tens of the Plan, including amendments
to the Plan made by the Plan Administrator, all investment, administrative, and
other service agreements of the Plan, and all applicable provisions of the Internal
Revenue Code and other applicable law.
SECTION 5. The City accepts the administrative services to be provided by any service
provider selected by the Plan Administrator. The City acknowledges that fees will
be imposed with respect to the services provided and that such fees may he
deducted from the Participants' Plan Accounts.
SECTION 6. The City may terminate its participation in the Plan, including but not limited to,
its contribution requirement, by way of;
(i) An ordinance of the City terminating its participation in the Plan.
(ii) The ordinance must specify when the participation will end.
The Plan Administrator shall determine whether the ordinance complies with the
terms of the Plan, and all applicable federal and state laws. The Plan
Administrator shall also determine as appropriate effective date, and shall provide
appropriate fonns to terminate ongoing participation. However, distributions
under the Plan of existing accounts to Participants will be made in accordance
with the Plan.
SECTION 7. The City acknowledges that all assets held in connection with the Plan, including
all contributions to the Plan, all property and rights acquired or purchased by such
amounts and all income attributable to such amounts, property or rights shall be
held in trust for the exclusive benefits of participants and their Beneficiaries under
the Plan. No part of the assets and income of the Plan shall be used for, or
diverted to, purposes other than for the exclusive benefit of Participants and their
Beneficiaries and for defraying, reasonable expenses of the Plan. All contributions
to the Plan shall be transferred to the Plan Custodian to he held, managed,
invested and distributed as part of the Plan's Custodial Account in accordance
with the provisions of the Plan. The City must transfer all contributions to the
ORDINANCE NUMBER 9 -2010 CONTINUED
Plan Custodian. All benefits under the Plan shall be distributed solely from the
Plans Custodial Account pursuant to the Plan.
SECTION S. It is the intent of the City any contributions made by the City on behalf of the
employees after adoption of the Plan will be made to the Plan.
SECTION 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
SECTION 10. if any part of this Ordinance is declared invalid or unconstitutional for any reason,
such declaration shall not be held to invalidate or impair the validity, force or
effect of any other part of this Ordinance.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and _Q__ against, the foregoing Ordinance at
its meeting held on the 19th day of April 2010.
1
Robert Dr
ATTESTED:
Barbie Curtis. City Clerk /Treasurer
On the agenda next was to consider A RESOLUTION EXPRESSING THE
WILLINGNESS OF THE CITY OF VAN BUREN TO UTILIZE FEDERAL -AID FUNDS
FOR THE VAN BUREN INTERMODAL PORT FACILITY ACCESS
IMPROVEMENTS. The Mayor read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. Mayor Freeman explained that there is $41,451.00 in federal aid
assistance that has been held at the Arkansas Highway Department for the last 10 years or quite a
while that was left over after the rail spur project. There is also another $200,000.00 available
through the State of Arkansas designated for levy improvements at levy entrances. The City of
Van Buren asked Arkansas Highway Department if we could use that $41,451.00 with the
$200,000.00 to make those improvements to the levy entrances going down to the port at Port
Road. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Ragsdale, 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 4 -1 -2010
RESOLUTION NO. h l ���l�
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF VAN BUREN
TO UTILIZE FEDERAL -AID FUNDS FOR THE
Van Buren Intel Port Facility Access Improvements
WHEREAS, the City of Van Buren understands Federal -aid High Priority Project
funds are available for access improvements to the Van Buren Intermodal Port Facility;
and
WHEREAS, funds are available at the following participating ratios:
Work Phase Federal City
Construction of City Preliminary' Engineering 0 100
Projects Right -of -Nay 80 20
Utilities 80 20
Construction 80 20
Construction Engineering 0 100
City projects programmed All Phases -0- 100
but not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TI-IE CITY OF VAN BUREN, ARKANSAS, TIIAT:
SECTION 1: The City will participate in accordance with its designated
responsibilities in this project.
SECTION II: The Mayor, or his designee, is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of
this city project.
SECTION 111: The City pledges its full support and hereby authorizes the
Arkansas State Highway and Transportation Department to initiate action to implement
this project.
THIS RESOLUTION adopted this C P C day of r L 2010.
Mayor
A
ATTEST: .1
(SEAL)
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF "FOREST OAKS" (LOTS 141 -177), WITHIN THE
PLANNING JURISDICTION 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 Ragsdale moved that the Resolution be adopted.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Ragsdale, 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 4 -2 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO.: '-t 9. -2010
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 "FOREST OAKS" (Lots 141 -177), WITHIN
THE PLANNING JURISDICTION OF THE CITY OF VAN
BUREN, 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 April 6, 2010; and
WHEREAS, as a result of this hearing, the proposed Final Plat hereto was recommended by a
majority vote of the entire Planning 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 Forest Oaks (Lots 141 -177) within the
Planning Jurisdiction 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 5 for and O against, the foregoing Resolution at its
meeting held on the 19th day of April, 2010.
Robert D. Free .>•u
ATTESTED:
6
Barbie Curtis, City Clerk/Treasurer
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. 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,
Ragsdale, 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 4 -3 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. L A, 2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR TO
ADVERTISE FOR BIDS FOR PROPERTY INSURANCE.
WHEREAS, the Mayor of the City of Van Buren, Arkansas needs to advertise for bids for
Property Insurance, which expires June 25, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS THAT:
SECTION l: The Mayor is authorized to draft a list of needed insurance; and
SECTION 2: After said list is prepared and incorporated into a Notice to Bidders, the City
Clerk is authorized and directed to advertise for bids for said insurance.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass. approve, and adopt, by a vote of 5 for and n against, the foregoing Resolution at its
regular meeting held on the 19 day of April 2010.
t
Robert D;Cals.
ATTESTED:
Bar .ie Curtis, City Clerk/Treasurer
Next on the agenda was a request from First Baptist Church to close one block of 11`
Street for Vacation Bible School. Alderman Dodd wanted to make sure Tate's Flowers and Gifts
would not be affected. Mayor Freeman assured her he would call and make sure. Motion was
made by Alderman Swaim and seconded by Alderman Ragsdale to approve the request. The
Council followed with a unanimous vote.
Next on the agenda was Boards and Commissions. The Van Buren Tree City Board
recommended the renewal of the term for Jennifer Farra and Jason Parks. Also, there was a
recommendation to appoint Duane Froud to the Board. Board member Sonia Jenkins declined
the renewal. Alderman Swaim seconded by Alderman Ragsdale made a motion to grant all
nominations. 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 Ragsdale to appropriate the sum of $1,285,586.80 to pay expenses
and salaries for March 2010, presented by the City Clerk. The Council followed with a
unanimous vote.
4 14 -2010 0 0 5 1 C 1 2 0 Y O F V A N 990000 PAGE: 1 ii
TIS0AL BALANCE
AS OF: MARCH 3107, 2010 4,
i0 General Fund
ACCT# ACCOi„\`T NAKE DEBITS CREDITS DEBITS CREDITS
ASSETS jl
II 1000 Petty Cash
0.00 �I
200.00
1020 Cash In Bank 169,919.87 105,716_68
1020.05 2009 Byrne Recovery Grant 0,00
29,665.]4
1020.06 2009 Byrne Grant 0.00
2.200.90
1020.07 200] Byrne Grant 0.00 f I
0.00 0 1020.08 Cash in Bank -Ins 2008 Storm 6,000.00 34,852.30
1020.09 District Copt Grant-Mediation 0.00 325,00 ry
0,1 In j
1020.10 cash in Bank HOC 1,297.85 5,108.29 9 9 4 1 5 7 I I A y'
Damn coos in Bank 874.28 0,00 1 5 2 4 2 2 I
1020.13 Cash In Bank-ACT 833 0.00 64,804.59 1 0 8 9 7 4 9 .5 !1
1020.14 Court Automation- District 2,060.00 51,428.2
1020.15 cash in Bank -ACT 1314 0.00 800-00+ I
0.00
1020.16 A R Dept of Rural Services 0 0 0 0 0 0 5 5 6 5 2 0
1020.27 New Police Dept 0.00
35,000.00 1 1 7 5 0 00+ h
1020.18 Cash in Bank PO Co Tax 18,131.55 81,448.17 1 4 4 5 4 5 7
1020.19 Cash in Bank FO Co Tax 22,690.46 225,711.92 0 0 0 0 J
1020.20 Cash In Bank Erosion Control 6]5.00 4,650.00
1020.27 Cash in Bank Levee 0.70 094 ,l 2 8 5 J 7 9 41 0
1020.28 Marina Repairs 0 :0,532,50 1 1 6 3 1 3
1020.31 Cash In Bank Parks 6 Rec 4,118.30 36,846.19 0 1 0
1020.32 GIF -parks 6 Recreation ],5]].88 7,577,88
1, 285, 53.5. J 0.1,1
:030.33 Cash In Bank -Ya rC Na ste 19,293.47 47,183.42
1020.51 Cash in Bank Cemetery 35.42 11,055.61
1020.91 Cash in Back Cap Imp 105,201.49 941,634.68 0
1040 Investments 0.00 550,000.00 0
1040.10 Investments Sales Tax City 0 0.00 I'
1040.18 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0,00 0.00
1040.27 Investments Levee
o.OJ
0.00
1040.31 Investments Parks 6 Rec
0.00 0.00
:040.51 Investments Cemetery 0.00 49,752,59
1040.91 Investments Cap Imp 0.00 1,8:2,871.08
1050 Fixed Assets 0.00
0.00
:OS! Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due F_om Other Funds 0.00 0.00
1520 Due from 5 :reef Fund 5 73 7.22 1
1540 Due From Library Fund 0 0.00 1
LIABILITIES AND FOND BALANCE it
2000 Accounts Payable 0.00 0.00 4 4.
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00 1 ..i
2035 Credit Union -First Resource 0.00 0.00
2040 LOPFI Payable 6,696.29 0.00
2050 National Foundation. Life Ins. 0 C.00 T;.
I
P
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. Lillie Aguilar with the
US Census spoke to the council. As of right now the Census is testing for new hires every
Wednesday at 3:00 p.m. and 6:00 p.m. at the Adult Education Center and every Saturday at
10:00 a.m. at the Citizens on Northridge. Minimum requirements for employment are a
completed application, a favorable background check, driver's license, social security card, and
the completion of a 30 minute employment test. Pay rates depend on the job title and range from
$8.50 /hr- $11.55 /hr and .55 /mile for mileage as well as a work schedule of up to 40 hours a
week or less. She left practice tests as well as flyers to advertise for the openings. Mayor
Freeman noted we can go online and view the status of the participation rates. The City of Van
Buren is currently at 70% which leaves 30% for these new employees to go visit door to door.
Mayor Freeman informed the council that the new fire truck came in this weekend. He
also updated the council that as of yet there has been no news from the bonding company on the
library. The bonding company requested a breakdown of costs from the contractors and when
asked about a timeline they said "shortly As for the planning process regarding Mr. Clark's
concerns as well as others. The City of Van Buren has a Master Street Plan that allows us to look
at streets and help plan for updating those streets. Sometime those projects take up to 20 years to
happen due to timing and funding issues. Projecting is the key in these things. The Planning
Commission members are not trained planners. For example, we are looking into doing a Mass
Transit Study to see if that would be useful for our community and feasible to tie into Fort
Smith's system. The need for a trained professional City Planner is pertinent for the City of Van
Buren. Mayor Freeman has entered into a verbal agreement with Joe Paul Hurst to come on as
our City Planner beginning early this summer. He was a planner for Northwest Arkansas and has
a Master's Degree in this area of expertise. He also has been a planner in El Dorado for several
years and will be relocating back to Van Buren. Mayor Freeman believes he will be a great
addition to the city and our community.
Cameron Mitchell thanked the Mayor and Council for the clarification on the Pointer
Trail issues. Mayor Freeman summarized the issues down to: Good news is, there's growth
going on. Bad news is, there's growth going on.
Cynthia Snapp with the Area Agency on Aging was there to give an update. They have
$2,109.00 left to help the elderly and disabled individuals in our area.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 8:20 p.m.
ATTESTED: A'PRIVED:
CITY CLERK TREASURER MAYO'