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02 February 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD FEBRUARY 26, 2007 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday February 26, 2007 at City Hall. The meeting was called to order by Mayor Freeman. On roll call all the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. City Attorney Donald Jenkins and City Clerk- Treasurer Barbie Curtis were also present. This made a total of nine (9) Present. A quorum was declared. The invocation was given by Alderman Kevin Johnson, Pastor of Riverview Fellowship Freewill Baptist Church of Fort Smith. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next was to consider A RESOLUTION CONGRATULATING THE VAN BUREN HIGH SCHOOL CHEERLEADERS AND THE BUTTERFIELD JUNIOR HIGH CHEERLEADERS FOR WINNING THE ARKANSAS CHEER COACHES ASSOCIATION 7A GRAND CHAMPIONSHIP. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Dodd seconded by Aldennan Swaim moved that the Resolution be adopted. The question was put by Mayor Freeman on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. And the following voted nay: 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.2r1 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 0 7— 1 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOLUTION CONGRATULATING THE VAN BUREN HIGH SCHOOL CHEERLEADERS AND THE BUTTERFIELD JUNIOR HIGH CHEERLEADERS FOR WINNING THE ARKANSAS CHEER COACHES ASSOCIATION 7A GRAND CHAMPIONSHIP. WHEREAS, high school athletic championships are highly sought honors and the achievements they represent are worthy of respect and recognition; and WHEREAS, athletic competition teaches and fosters the principles of cooperation, self control, and fair play; and WHEREAS, the Van Buren High School Cheerleaders and the Butterfield Junior High Cheerleaders participated in the Arkansas Cheer Coaches Association 7A Competition on February 3, 2007; and WHEREAS, both the Van Buren High School Cheerleaders and the Butterfield Junior High Cheerleaders gave inspired and outstanding efforts to win their respective divisions of the State Champion Cheer Competition; and WHEREAS, both the Van Buren High School Cheerleaders and the Butterfield Junior High Cheerleaders are the Arkansas Cheer Coaches Association 7A Grand Champions ;and WHEREAS, the Van Buren High School's and the Butterfield Junior High School's coaches, managers, cheerleaders, parents and fans have exhibited both good sportsmanship and outstanding dedication throughout the year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the City of Van Buren, Arkansas, extends its congratulations to the Van Buren high School Cheerleaders' and Butterfield Junior High Cheerleaders' members, coaches and supporters on their accomplishments, skill, and efforts in winning the Class 7A Grand Championships in both the High School and Junior High Divisions. 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 Resolution at its meeting held on the 26" day of February, 2007. ATTESTED: Intl o l LLA t Barbie Curtis, City Clerk/Treasurer Al PROVED AS TO FORM: On the agenda next was State of the City Report. Mayor Freeman presented a power point presentation showing where the City has been and where the City is going. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on January 22, 2007. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The following voted nay: none. On the agenda next was a Public Hearing to close a`portion of Arkansas Street. Mayor Freeman asked if there was any discussion.. Lonnie Myers, Assistant Superintendent of the Van Buren Public Sehools, spoke in favor and explained the need. Alderman Johnson spoke and asked if we were setting a precedence by doing this. City Attorney Donald Jenkins answered by saying no. On the agenda next was to consider AN ORDINANCE FOR THE PARTIAL CLOSING OF' A PORTION OF ARKANSAS STREET, BETWEEN SHERWOOD AND MT. VISTA BLVD., DURING THE PERIODS OF 7:00 A.M. UNTIL 8:00 A.M.; 11:00 A.M. UNTIL 1:30 P.M., AND FROM 2:30 P.M. UNTIL 3:30 P.M., DURING SCHOOL HOURS FOR CITY HEIGHTS ELEMENTARY. 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 Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 Dodd 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 ORDINANCE WAS GIVEN THE NUMBER 3 -2007 CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 3-2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE ITO BE ENTITLED. AN ORDINANCE FOR THE, PARTIAL CLOSING OF A- PORTION OF ARKANSAS! STREET, BETWEEN SHER WOOD AND MT. VISTA' BLVD., DURING THE PERI OD5 OF 7:00 AM UNTIL 49:00 AM; 11:00 AM UNTIL! 1:30 PM, AND FROM 2:30' PM UNTIL 3:30 PM, DUR 'ING SCHOOL HOURS FOR 'CITY HEIGHTS ELEMEN -I 'TARY. WHEREAS, it has been de termined based on the re- quest of the Van Buren School District that it is in the best interest for the public safety and the !safety of the students to close Arkansas Street, be- tween Sherwood to Mt. Vista Blvd., during the pe- riod of 7:00 am until 9:00 am; 11:00 am until 1:30 pm; from 2:30 pm until 3:30 pm, when City, Heights Elementary is, open; and ;WHEREAS, the City Coun- cil of Van Buren, Arkan- sas, acting under the .authority of Arkansas Code Annotated 14- 301 -101 et seq., has the authority to take the ac- tion herein; and WHEREAS, after due no- tice as required by law,'. the Council has, at the time and place proscribed by said notice, heard all persons desiring to the 'heard on this question and has ascertained that ,the limited street closing herein is in the public in- terest and welfare. NOW, THEREFORE, BE IT' ORDAINED BY THE CITY' COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the City of Van Buren, Arkansas, 1 shall close Arkansas' Street, between Sher- wood and Mt. Vista Blvd., during the periods of 7:00' 'am until 8:00 am; 11:00 am until 1:30 pm; and 2:30 pm' until 3:30 pm during school hours. SECTION 2: The closing of 'Arkansas Street, between; Sherwood and Mt. Vista Blvd., during these peri- ods, should not apply to property owners or per- sons residing within the affected area of Arkansas' Street. SECTION 3: This Ordi- nance shall take full force and effect from and after its passage. IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, by its City Coun- cil, did pass, approve, and adopt, by a vote of 6 for and 0 against, the forego- ing Ordinance at its,meet- ,in9 held on the 26th day of February, 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr. City Attorney Published in the February 28, 2007 issue of the Press Argus- Courier. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS BY SEALED BID OR OTHER METHODS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Johnson spoke and asked if we were replacing this truck with another truck. Mayor Freeman responded and said that this is a truck located at Fire Station #3. The ladder doesn't pass the ladder test. The pump won't pass the pump test. The transmission won't get into 2 gear. Fire Chief McAdoo said they do have another reserve truck. Alderman Johnson spoke and said that he wanted to make sure we weren't losing stuff and not gaining especially with the Fire Department. Alderrnan Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Freeman on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. And the following voted nay: 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 2 -2 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: WHEREAS, The City of Van Buren has certain assets which are obsolete, and /or beyond repair, and /or no longer cost effective, so as to no longer be needed by the City; and WHEREAS, After an inventory of Fixed Assets, it is therefore recommended by our State Auditor that said item be removed from the City's fixed Asset Inventory. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECT I Department Fire Department 5111,493 00 1975 Ford 1250 gallon per 001 -1 minute Pumper /50 ft Telesquirt Serial #C91 LVC335548 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (Q for and Q against, the foregoing Resolution at its meeting held on the 26 day J'bruary, 200 ATTESTED: Barbie Curtis, City Clerkflreasurer CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. a.' r7, 2007 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS BY SEALED BID OR OTHER METHODS AUTHORIZED UNDER TI IE LAW. 4 LVI'-'1Y, Uut a, That the Mayor is hereby authorized to remove the following asset from the Fixed Asset Inventory and to dispose of same by bid or other such methods authorized under the law: Amount Desedotion of Iuventory Robert D. Freeman, May Control t! On the agenda next was to consider A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INTITIATE AN ACTION FOR EMINENT DOMAIN, TO CONDEMN CERTAIN PROPERTIES NECESSARY FOR THE CONSTRUCTION AND COMPLETION OF THE VAN BUREN PUBLIC LIBRARY, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Sagely moved that the Resolution be adopted. The question was put by Mayor Freeman on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. And the following voted nay: 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 2 -3 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. d -3 2007 Rli rr ENACTED BY THE CITY COUNCIL, FOR THE CITY OP VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE AN ACTION FOR EMINENT DOMAIN, TO CONDEMN CERTAIN PROPERTIES NECESSARY FOR THE CONSTRUCTION AND COMPLETION OF THE VAN BUREN PUBLIC LIBRARY, AND FOR OTHER PURPOSES. WI IEREAS, The City has determined that it 0 necessary to acquire, for the public good and benefit certain real property located at 15 North 15 Street, Van Buren, Arkansas, more specifically Block 25 Part of Lots 4, 5, 6 McGee an Addition to the City of Van Buren in Crawford County in the State of Arkansan to construct and operate the new Van Buren Public Library. WHEREAS, Upon the City's best, information, knowledge, and belief the appraised value and the fair market value of said property is 545,000. WHEREAS, The City, through its designated agents, has oBued in good faith to purchase said property at up to fifteen percent (15 over appraised value, specifically $51,750.00 WHEREAS, The owner of said property has refused to negotiate in good -faith and failure to obtain said property could result in project delays that will materially affect the economic Viability of the current building plans for the new Van Buren Library which 0 scheduled to begin construction on or about July 4, 2007. u9111REAS, The acquisition of such interest 0 the described property u in the public's interest. 'Htc City has full authority and power under Arkansas Law to enter upon, take, and condemn private property with just compensation. (A C A 18 -15 -301 et seq.) NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS. SECTION 1' The City Attorney is hereby authorized and directed to initiate condemnation proceedings as set forth above. SECTION-2 The Cleric is hereby authorized to pay into the registry of the Circuit Court the sum of $45,000.00 representing its appraised value of the condemned property. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of in for and 0 against, the foregoing Resolution at its meeting held on the 26 day of February, 2007. A'II LS'rED. Barbie Curtis, City ClerkfTreasurer APPROVED AS 'f0 FORM: N. Donal y ney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 (VAIN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS, AND AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. 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 Aldcrnan 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 Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman 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 ORDINANCE WAS GIVEN THE NUMBER 4 -2007 CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 4:2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE !CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE TO BE ENTITLED. SAN ORDINANCE. TO !AMEND ORDINANCE NO. 7 -1963 (VAN BUREN MU- NICIPAL CODE NO. 14.04.01) FOR THE PUR- POSE OF REZONING CER- iTAIN PROPERTY IN THE CITY OF VAN BUREN, AR- KANSAS, AND AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, AR- I KANSAS. WHEREAS, ,The Planning Commission has recom- mended that certain prop erty within the city limits of the City of Van Buren be rezoned from its previ- ous classification to the following: Property Description: Lots 1 thru 12, Block A, Lots 1 thru 4 and Lots 20 thru 24, Block G, Rea Addi- tion, more commonly known as 2721 Alma Blvd, Van Buren, Arkansas Property Zoned: R -1 New Zoning: R -3 WHEREAS, Notice of a Public Hearing was duly published and a Public hearing was conducted as required by law (A.C.A L14:56:422);,and. WHEREAS, The proposed rezoning herein was rec- ommended by a majority vote of the entire Plan- ning Commission, in ac- cordance 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 -de- scribed property is hereby rezoned, and the Van Bu- ren Zoning Map is 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, Ar- kansas, by its City Coun- cil, did pass, approve, and adopt, by a-.vote of 6 for and 0 against, the forego- ing Ordinance at its meet- ing held on the 26th day of February, 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer ARRPOVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney Published In the February 28, 2007 issue of the Press Argus- Courier. On the agenda next was a request from King School PTA to close several of the roads for Saturday, March 31, 2007 for approximately one hour starting at 8:30 a.m. Alderman Parker seconded by Aldennan Swaim made a motion to grant the request. The Council followed with a unanimous vote. On the agenda next was a request from Old Town Cruisers to close Main Street in front of the Depot, Cain Hill and Cedar Streets from 6:00 a.m. to 10:00 p.m. on Saturday, September 8, 2007. In addition, Sunday, September 9, 2007 from the stop light at the top of the street at Calico Goose and down the street to the Courthouse until noon or a little after to host this years Rod Run to Old Town. Aldennan Swaim seconded by Alderman Moore made a motion to grant the request. The Council followed with a unanimous vote. On the agenda next was Boards and Commissions. Mayor Freeman received a recommendation from the Municipal Utilities Commission to re- appoint C.E. Dougan to another 6 -year term. Alderman Swaim seconded by Alderman Moore made a motion to grant the request. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Dodd to appropriate the sung of $1,786.70R2o 1 salaries for Janurary 2007-- t3recA °a plar nous vote. BFN CSEDITS 1.0 -General Fund D04110 mous ovnTs ,<ma,N SS0B 1000 'Petty in ..n. v 1 in gent Bale. Tea City 1020.17 New Police Dept 7 1020.1 Cash in 040 1.5 Co Tax .B0 15 n roam X 1100 Ba 1020.27 Cash in tank Levee 1 0 0.01 Cash n B.µ Ca 0..c Cemetery 1020.11 Cv n Cab 19 1040.10 nae.,.enen Sale. Tex city 1040.10 investments PD Co tax 1040.11 Priveatment• FD Co Tax ae 0.01 Investments Parks Levee 6 Bee 1040.51 investment. eatery t Cap imp 0 0 Fixed u.ete a 1051 acciaulateel De Payroll 4 4444 Due 6 505 a Fteim ter Panels Street Fund Me f 15240 Due Free Library Fund 4I.BO1142Ti65 AND FUND BaN4CB ca a Fe ea t r. Payable 2050 5100141 i Fir.°0 uawtce 2015 cr.810 0 0 F P.yanle 5 im ]050 0 5031 Pouneatl °n 01[24 F a lark es Life a cl ins. Payable 1 Lite in.. .0 Georgia Payable S t a /.1107 Trunt *F: 155610 2140 United Say Payable 2150 Parks Sec. 1.0.0. 2160 Fre-Veid Legal Services 6 1/6 van Buren Firemen Contribution 21.71 S.S. Police ilenevolent 24 500 Bs or. 30214•.. 510 2007 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ;.357.6) 0.00 0.00 0.00 0.25 0.00 0 00 0 00 0.00 1,539.0 +4 1,638' 140.679 17,71 76,455 1,510 •00" 7,7407 1,695- 20, 1,786,0 ,78 6,t08.29 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Next on the agenda was Miscellaneous and General Discussion. Robbie Hines of Southwest EMS Ambulance Service presented a report for the Council for the month of January. Alderman Swaim commented and said that Rusty Garrett of Times Record had a very informative article about Southwest EMS Ambulance Service. Mayor Freeman spoke and said that the City of Van Buren is very glad to have them here. Mayor Freeman brought up the subject of next months Council Meeting. He asked the Council if they had a problem with moving the Council Meeting to March 26, 2007 because of conflicting schedules with Spring Break. They had 110 objections. There being no further business, motion wade by Alderman Parker and seconded by Alderman Johnson to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: CITY CLERIC- TREASURER APPROVED: MAYOR