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03 March 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING MARCH 26, 2007 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, March 26, 2007 at City Hall. The meeting was called to order by Mayor Freeman. On roll call the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. City 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 Glen Briley, a member of Heritage United Methodist Church. Next, Mayor Freeman led the Pledge of Allegiance. Next on the agenda was an award presented to Martin Duckworth for Tree City USA by Mayor Freeman. Next on the agenda were letters from the City Council to Van Buren Police Officer Christina Hall and Security Officer Houston Rios commending them in the capture of the bank robber, Ernest Lail. On the agenda next was to consider A RESOLUTION CONGRATULATING MARYL KOETH, VAN BUREN, ARKANSAS ADVERTISING AND PROMOTION COMMISSION DIRECTOR BEING NAMED BY THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM AS "2006 TOURISM PERSON OF THE YEAR" ON TUESDAY, MARCH 6 AT THE 2007 HENRY AWARD CEREMONIES DURING THE GOVERNOR'S BANQUET IN HOT SPRINGS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. The Council followed with a unanimous vote. 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 3 -1 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. ,3_ 1 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOLUTION CONGRATULATING MARYL KOETH, VAN BUREN ARKANSAS ADVERTISING AND PROMOTION COMMISSION DIRECTOR BEING NAMED BY THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM AS "2006 TOURISM PERSON OF THE YEAR" ON TUESDAY, MARCH 6th AT THE 2007 HENRY AWARD CEREMONIES DURING THE GOVERNOR'S BANQUET IN HOT SPRINGS. WHEREAS, Maryl Koeth is executive director of the Van Buren Advertising and Promotion Commission; and WHEREAS, The Henry Awards have been a feature of the annual Arkansas Governor's Conference on Tourism since their debut in 1981, said awards being named for Henri de Tonti, founder of Arkansas Post in 1686 and who is often hailed as the first "Arkansas Traveler and WHEREAS, WHEREAS, NOW, ARKANSAS: SECTION 1: ATTESTED: The annual Henry Awards honor individuals and organizations which have made important contributions to the state's tourism industry in the preceding year; and Maryl Koeth, was named by the Arkansas Department of Parks and Tourism as "2006 Tourism Person of the Year" on Tuesday, March 6th at the 2007 Henry Award ceremonies during the Governor's Banquet in Hot Springs; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, That the City of Van Buren, Arkansas, hereby extends its congratulations to Maryl Koeth, Van Buren Arkansas Advertising and Promotion Commission Executive Director on being named by the Arkansas Department of Parks and Tourism as "2006 Tourism Person of the Year" on Tuesday, March 6th at the 2007 Henry Award ceremonies, and its thanks to her for her outstanding service to the City of Van Buren. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of /p for and 0 against, the foregoing Resolution at its meeting held on the 26th day of March 2007. Barbie Curtis, City Clerk/Treasurer Robert D. Freeman, Yo On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on February 26, 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, Rusty Myers gave a report on the ACEDP Grant regarding Experian. Good News! The Experian Project is done and the Grant can be closed out. On the agenda next was to consider A RESOLUTION AUTHORIZING THE CITY TO COMPLETE AND PURSUE THE SAFE ROUTES TO SCHOOL (SRTS) PROGRAM APPLICATION FOR INFRASTRUCTURE PROJECT FUNDING, EXPRESSING THE CITY COUNCIL'S SUPPORT OF THE PROJECT AND DESIGNATING INDIVIDUALS WITH THE AUTHORITY TO PURSUE THIS PROJECT AND TO SIGN AGREEMENTS AND CONTRACTS REGARDING THIS PROJECT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman 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 3 -2 -2007 CITY OF VAN I3UREN, ARKANSAS RESOLUTION N0. 3 02 2007 BE IT ENACTED I3Y THE Cf1Y COUNCIL. FOR THE CITY OF VAN I3UREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE CITY TO COMPLETE AND PURSUE THE SAFE ROUTES TO SCHOOL. (SRTS) PROGRAM APPLICATION FOR INFRASTRUCTURE PROJECT FUNDING, EXPRESSING 'TH E CITY COUNCIL'S SUPPORT OF THE PROJECT AND DESIGNATING INDIVIDUALS WITH THE AUTHORITY TO PURSUE THIS PROJECT AND TO SIGN AGREEMENTS AND CONTRACTS REGARDING TITIS PROJECT, AND FOR OTHER PURPOSES. WIIEREAS, The City of Van Buren has become aware of the Arkansas Safe Routes to School Program which provides Federal funding to encourage children in kindergarten through eighth grade to walk and bicycle to school; and WI IEREAS, The City of Van Buren wishes to pursue and submit a Safe Routes to School (SRTS) Program Application for Infrastructure Project Funding, specifically to allow for the installation of l'edestrian and bicycle crossing Traffic control devices at certain high traffic high risk areas near Van Buren elementary, middle and junior high school; and WI IEREAS, The City Council fully supports this SRTS project, and its goal to provide a safe environment for the children of Van I3urcn Arkansas to walk and bicycle to and from school; and \VI IEREAS. The deadline for receipt of non electronic and non faxed applications is 4:00 p.m., Friday, April 13, 2007; and WHEREAS, The City wishes to authorize Captain Tony Kaman of the Van Buren Police Department, with the assistance of the Chief of Police, the City Attorney, and the City Street department to pursue and apply for this program; and WHEREAS, IEREAS, The City authorizes the Mayor to sign any Agreements and Contracts relative to this project. NOW, THEREFORE, I3E IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The City Council hereby declares its full support for this SRTS project and its goal to provide a safe environment for the children of Van 13uren Arkansas to walk and bicycle to and from school. SECTION 2: The City Council hereby authorizes Captain Tony Kaman of the Van Buren City Police, with the assistance of the Chief of Police, the City Attorney, and the City Street department to pursue and apply for this program. SECTION 3: The City Council hereby authorizes the Mayor to sign any Agreements and Contracts relative to this project. 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 0 against, the foregoing Resolution at its meeting held on the 26th day of March 2007. ATTESTED. Barbie Curtis, City Clerk/ Treasurer P OV AS TO N. D. ald e s, Jr., \G 11. Robert D. Freeman, N On the agenda next was to consider A RESOLUTION AUTHORIZING THE CITY OF VAN BUREN TO APPLY TO THE STATE OF ARKANSAS FOR AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT GRANT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. 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 3 -3 -2007 CITY OF VAN 13UREN, ARKANSAS RESOLUTION NO. 3 2007 BE IT ENAC FED B\ THE CII Y COUNCIL, FOR THE CITY OF VAN 13URRN, ARKANSAS, A RESOLUTION 10 BE ENTITLED: A RESOLUTION AUTHORIZING TIIE CITY OF VAN BUREN 'FO APPLY TO TIIE STATE OF ARKANSAS FOR AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT GRANT, AND FOR OTHER PURPOSES. WHEREAS, The City of Van Buren is applying to the State of Arkansas for an Arkansas Community and Economic Development Grant; and WHEREAS, his necessary that certain conditions be met as part of the application requirements; and WHEREAS. The City of Van Buren has conducted a public hearing as part of the application process to receive and consider cornments on community development and housing needs, and proposed activities; and WHEREAS, As a result of the public hearing, the City of Van Buren identified and prioritized the community development and housing needs; and WHEREAS, The City Council authorizes the Mayor of the City of Van Buren to submit an application to the State of Arkansas, on behalf of the City of Van Buren, and to expend funds to construct neighborhood revitalization for the City of Van Buren, if the grant is awarded, and to sign any Agreements and Contracts relative to this program. THEREFORE, be it resolved that the Mayor of the City of Van Buren is authorized to submit an application to the State of Arkansas, on behalf of the City of Van Buren, and to expend funds to construct neighborhood revitalization for the City of Van Buren, if the grant is awarded. NOW, TI JEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION I: That the City Council does hereby authorize the Mayor of the City of Van Buren, Arkansas, to submit an application to the State of Arkansas, on behalf of the City of Van 13uren, and if the grant is awarded, to expend funds to construct neighborhood revitalization within and for the City of Van Buren, and as necessary to execute any Agreements and Contracts relative to this program. IN WITNESS WHEREOF, the City of Van Buren. Arkansas, by Es City Council, did pass, approve, and adopt, by a vote of,( for and 0 against, the foregoing Resolution at its meeting held on the 26th day of March 2007. ATTESTED: Barbie Curtis, City Clerk/Treasurer Robert D. Freeman, may On the agenda next was to consider A RESOLUTION ADOPTING AN ANTI DISPLACEMENT PLAN AS PART OF THE CITY'S APPLICATION TO THE STATE OF ARKANSAS FOR AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT GRANT; 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 Moore 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 3 -4 -2007 BE IT ENACTED BY 'IHE CITY COUNCIL, FOR TILE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: WHEREAS The City of Van Buren seeks to replace all occupied and vacant occupiable low and moderate- income dwellings demolished or converted to a use other than as low /moderate- income housing as a direct result of activities assisted with funds provided under the HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, as amended, and described in 24 CFR 570.606(b)(1). All replacement housing will be provided within three years ofthe commcncemenl of the demolition or rehabilitation relating to conversion; and W HEREAS ATTESTED: A RESOLUTION ADOPTING AN ANTI DISPLACEMENT PLAN AS PART OF TIIE CITY'S APPLICATION TO THE STATE OF ARKANSAS FOR AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT GRANT: AND FOR OTHER PURPOSES. The City of Van Buren will as part of this program provide relocation assistance as described in 570.606(b)(2), to each low /moderate income household displaced by demolition or by the conversion ota low/moderate-income dwelling to another use as a direct result of assisted activities; and If any such project will involve the demolition or conversion of low or moderate dwelling units, the following will be provided: The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than low /moderate- income dwelling units as a direct result of the assisted activity: and 3. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; and NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION I: Thal consistent with the goals and objectives of activities assisted under the Act, as amended, the City of Van Buren will make every effort to minimize the displacement of persons from homes. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and O against, the foregoing Resolution at its meeting held on the 26th day of March 2007 Barbee' Curtis, City Clerk/Treasurer CITY OF VAN BUREN. ARKANSAS RESOLUTION NO. 3 -4 2007 A time schedule for commencement and completion of the demolition or conversion; and The source of funding and a time schedule for the provision of replacement dwelling units; and The basis for concluding that each replacement dwelling will remain a low /moderate- income dwelling unit for at least 10 years from the dale of initial occupancy. On the agenda next was to consider A RESOLUTION ESTABLISHING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN THE APPLICANT'S JURISDICTION AGAINST INDIVIDUALS ENGAGED IN NON- VIOLENT CIVIL RIGHTS DEMONSTRATIONS AS A CONDITION OF ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM FUNDING, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Johnson spoke and said that he had met with Police Chief Bell and Chief Bell said that he agreed that it was a good policy Alderman 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 3 -5 -2007 ATTESTED: CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3- 2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN. ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION'ESTABLISIIING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN 911E APPLICANTS JURISDICTION AGAINST INDIVIDUALS ENGAGED IN NON- VIOLENT CIVIL RIGHTS DEMONSTRATIONS AS A CONDITION OF ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM FUNDING, AND FOR OTHER PURPOSES. WHEREAS, The City of Van Buren is applying for Arkansas Community and Economic Development Program funding; and WHEREAS, As required by the HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, as amended, it shall be the policy of the City of Van Buren to ensure that the following affirmations are true: 1. The City has adopted and is enforcing this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non violent civil rights demonstrations. 2. The City will ensure that all law enforcement agencies within its jurisdiction will enforce all applicable State and local laws against physically barring entrance to or exit from a facility or location, which is the subject of such non violent civil rights demonstrations within its jurisdiction. 3. In response to non violent civil rights demonstrations. the City will be mindful and protective of the rights of all participants in such demonstrations, as well as any onlookers, bystanders, or any other persons located in the vicinity or owning property in the vicinity. 4. In connection with such demonstrations, the use of force shall be pennitted only when necessary to protect the rights of individuals or to uphold the law. In no event shall the use of force in excess of that necessary to achieve the lawful goals of the City be permitted. NOW, TI IEREFORE, BE IT RESOI,VED BY THE CITY COUNCIL OF VAN BUREN. ARKANSAS: SECTION 1: The City Council hereby declares that consistent with the goals and objectives of activities assisted under the Act, as amended, the City of Van Buren will adopt and enforce the policy contained herein. IN WITNESS WI IEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of j for and 0 against, the foregoing Resolution at its meeting held on the 26th day of March 2007. 13arbie Cunis, City Clerk/Treasurer A 'O AS1 ORM: N.'t'onald Attorney Robert D. Itrceman, ayor On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF FOREST OAKS, LOTS 91 THROUGH 140 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 Dodd 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 Swain, 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 3 -6 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 (0 ,2007 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 91 THROUGH 140 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 WHEREAS, the City of Van Buren has adopted the Subdivision Regulations for the City of Van Buren, Arkansas (Ordinance No. 07 -03). THEREFORE, BE IT RESOLVED, that the Van Buren City Council, on behalf of the City of Van Buren, that: 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 plat for Forest Oaks, Lots 91 through 140 within the Planning Jurisdiction of the City of Van Buren, Arkansas, is approved; 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 the appropriate 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 6 the foregoing Resolution at its meeting held on the 26 day of March, 2007. ATTESTED: Robert D. Freeman, a Barbie Curtis, City Clerk- Treasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN REAL PROPERTY NECESSARY FOR THE CONSTRUCTION AND COMPLETION OF THE NEW 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 Johnson 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 3 -7 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 2007 BE IT ENACTED BY THE CITY COUNCIL, FOR II IE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: WI IEREAS, WHEREAS, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH E CITY OF VAN BUREN, ARKANSAS: SECTION 1: SECTION 2: A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN REAL PROPERTY NECESSARY FOR THE CONSTRUCTION AND COMPI.EZION OF THE NEW VAN BUREN PUBLIC LIBRARY, AND FOR OTIIER PURPOSES. IN WITNESS WHEREOF the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against. the foregoing Resolution at its meeting held on the 26th day of March 2007. ATTESTED: Barbie Curtis, City Clerk/Treasurer A •V AST FORM: The City has determined that it is necessary to acquire, for the public good and benefit, certain real property located at 15 North 15th Street, Van Buren, Arkansas, more specifically: BLOCK 25 PART OP LOTS 4,5,6 MCGEE AN ADDITION TO THE. CITY 00 VAN BUREN IN CRAWFORD COUNTY IN THE STATE OF ARKANSAS, to construct the new Van Buren Public Library. Upon the City's best, information, knowledge, and belief the appraised value and the fair market value of said property is $45,000.00, and the City, through its designated agents, has offered in good faith to purchase said property for fifteen percent (15 over appraised value, specifically $51,750.00, plus $2,250 for relocation costs, and closing costs of approximately $3,590.10. That the City Council hereby authorizes the Mayor to purchase the afore described real property for the sum of$51,750.00, plus $2,250 for relocation costs, and closing costs of approximately $3,590.10, totaling $57,590.10, as more fully setout in the attached estimated closing costs report. That the Mayor is authorized and directed to execute such documents and instruments as may be necessary to proceed with and finalize the purchase of said property, and the City Clerk is hereby authorized and directed to attest same. 11 i 19o�iald skins- Jr., Ci homey Robert D. Freeman, ay 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, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Aldennan 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 Alden Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The Mayor declared the notion 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. Alderman Johnson spoke and wanted to know why an emergency clause was being included. Mayor Freeman spoke and said that on any rezoning to the next that you may have someone try to take advantage of it, like someone trying to do a development, and time is of the essence. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Parker, that the emergency clause be adopted. The Mayor declared the motion carried by a unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 5 -2007 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, ,AR- KANSAS, AN ORDINANCE TO BE ENTITLED. AN ORDINANCE 1 AMEND ORDINANCE NO. 7 -1963 (VAN BUREN MU- NICIPAL CODE NO. 14.04.01) FOR THE PUR- POSE OF REZONING CER- TAIN PROPERTY IN THE CITY OF VAN BUREN, AR- KANSAS, AMENDING THE ZONING MAP OF VAN BU- REN, ARKANSAS, AMEND- ING THE ZONING MAP OF THE CITY OF VAN BUREN. ARKANSAS, DECLARING AN EMERGENCY AND FOR .OTHER PURPOSES. THE ORDINANCE WAS GIVEN THE NUMBER 5 -2007 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 4, less and ex- cept the west 100 feet, Block 10, Vista Place, more commonly known as 203 Prospect Ave. Van Bu- ren, Arkansas Property Zoned: R -1 New Zoning: R:2 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); and WHEREAS, The proposed rezoning herein, was rec- ommended by a.:majority vote of the .entire rPlan- ning Commission, in ac- cordance with A.C.A: 14 -56 -422; and.; .i WHEREAS. Time is of the essence and an emer- gency has 1, been deter- mined to exist NOW, THEREFORE, BE IT .0RDAINED 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 i5 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 TiC A 14:56_422(5);.and SECTION 3: An emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its passage by a vote of 2 /3rds or more of the City Council. IN WITNESS WHEREOF, the City of Van Buren, AD' 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 March, 2007.; Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk /Treasurer APPROVED AS TO N. Donald Jenkins; 1r. City Attorney Published in the March 28. 2007 issue of the Press Ar- gus- Courier. On the agenda next was a request from Old Town Merchants Association for the planning ol'Old Timer's Days and Fall Festival for the streets to be closed. Old Timer's Days will be May 11, 12, and 13' the 6' annual Bike Show on June 9, and Fall Festival will be October 12, 13, and 14 Halloween on Main Street will be held on Saturday, October 27, 2007. Alderman Swaim seconded by Alderman Dodd made a motion to grant the request. Alderman Johnson spoke and asked if the $500.00 donation for candy was included. Mayor Freeman spoke and said it was not. The Council followed with a unanimous vote. On the agenda next was a request from First Baptist Church to close I P street June 11-13, 2007 for Vacation Bible School. Alderman Swaim seconded by Alderman Johnson 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 Planning Commission to appoint Woody Nelson. The term would expire 6 -30 -2008. He would take the place of Bob Freeman who took office of Mayor in January 2007. Alderman Swaim seconded by Alderman Sagely made a motion to grant the request. The Council followed with a unanimous vote. Next 011 the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Parker to appropriate the sum of 51,433,730.23 to pay expenses and salaries for February 2007, presented by the City Clerk. The Council followed with a unanimous vote. 10 General Fund ACCF6 ACC0052 NAME 1000 Petty Ca0h 1020 Cash in Bank 1020.10 Cash in Bank Sa1ee Tax City 1020.17 Neu Police Dept 1020.38 Cash in Ban; 00 Co Too 1020.19 Cash In Bank 00 Co Tax 1020.20 cash In 0k- Erosion Control 1020.27 Cash in Bank Levee 1020.31 cash in Bank Packs 6 Rec 1020.51 Cash In Bank Cemetery 1020.91 cash in Bar* CAP 10P 1040 Investments 1040.10 Investments Sales Tax city 1040.10 Investment. PD Co Tam 1090.19 Investments 00 Co Tax 1040.27 3nveatmenta levee 1040.31 Investments Packs a Rem 1040.51 lnvestmenta Cemetery 1040.91 Investment. Cap Imp 1050 Fixed A..e a 1051 Accumulated Depreciation 1504 Due Iron Payroll 1520 Due from Other reet Nod 1540 Due From Library Fund LIABII.ITIFS A1113 FUND EALM.ICE 2000 Accounts Payable 2010 Municipal Health Ins. Payable 2030 COlonral Life Payable 2035 Credit union -First Resource 2040 LOPFI Payable 2050 National FOundaua, Life Ins. 2060 AFIAC 2050 Consecn Payable 2090 Me,. York Life ins. Payable 2100 LSLife lna. of Georgia Payable 2130 Garnishment. Parable 2135 R. Allen Trust 5503355410 2140 United May Payable 2150 2160 Pre Paid Legal Services 2170 2171 5.0. P 00]ICe Benevolent Assoc. 1175 van Buren Fire Fighters Union 2176 Van Buren Firemen Conti ibution CITY OP VAN 130000 AS 00. IA 00000610 2007 DEBITS CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 23.569.05 23.829./2 375.00 0.00 0.00 ]4. 72.90 9.207.93 0.00 0.00 0.00 4.00 4.089.45 0.00 0.00 0.00 0.00 51,410 96 200.00 205.88 35.000.00 66.047.31 9,500.00 4.944.17 10, 29.60 15.004.47 600.249.99 312.276.99 0.00 0.00 46.629.36 1.751.238.74 0.00 0.29 0.00 0.00 35.20 0.00 0.00 250.00 PAGE 883,806 55 1.649.61 97, 638 -00 26 257, 716.35 165, 000 -00 1 007 1,433.730-23 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Alderman Swaim seconded by Alderman Parker made a motion to hire an attorney to represent the City of Van Buren as a special prosecutor vs. Mike Cormack in June in Circuit Court. The Mayor asked if there was any discussion. There was none. The Council followed with a unanimous vote. City Attorney Donald Jenkins spoke and the Court has granted the City until May 15 to designate a replacement council. City Attorney Donald Jenkins said that .lenkins Law Firm had represented Mr. Cormack, but had withdrawn from the case. Mr. Cormack has new council, but he didn't think it was appropriate to represent Mr. Cormack, so that was why he withdrew from the case. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman spoke that City Attorney Donald Jenkins has under consideration a draft about a Vicious Animal Ordinance. The Mayor's office has received a number of phone calls about vicious animals. There is also a Street Light Ordinance that he's also going to draft for consideration to the City Council. The Street Ordinance, passed by the State of Arkansas, says that we worked with certain street lights, has an increase cost, has less lighting capability than our current street lights. It does give us the opportunity to opt out of that statue. Other surrounding communities, such as Alma, Ft. Smith, and Greenwood, have opted out of that, with the additional costs. The Mayor said he would like to bring that to the City Council for their consideration. Congressman Bozeman is going to be here April 1 1 in the Council Room for Public Input. Also, in the packets to the City Council, there is a letter from the Historic District Commission. They are going to have a Public Hearing to expand the Historic District Commission to include the Fairview Cemetery. Alderman Johnson spoke that he and Alderman Parker are putting together a Public Forum on April 12 at 7:00 p.m. at the Complex. They have invited City Engineer Brad Baldwin and Jack Bernard to attend and deal with the issues of Streets, Sidewalks, and Drainage. This is to share how the new work order program is working and doing real well. Next, Mayor Freeman asked if South West EMS had anything to report. They did not. The Council thanked them for their report. There being no further business motion was made by Alderman Parker and seconded by Alderman Swaim to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: APPROVED: CITY CLERK TREASURER MAYOR