05 May 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MAY 21, 2007
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday,
May 21, 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 Barry Morton of Mt. Olive Church.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next was the Library Design Review shown by Galen Hunter with
Questions /Comments. Mr. Hunter said they should be breaking ground by late July.
On the agenda next, Mayor Freeman asked to adopt the minutes on the Council
Meeting on April 16, 2007. Alderman Swaim made a motion to approve the minutes.
Alderman Sagely 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, Mayor Freeman asked to adopt the minutes of the Special
Council Meeting on April 25, 2007, Alderman Swaim made a motion to approve the
minutes. Alderman Dodd 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, Mayor Freeman asked to adopt the minutes of the Special
Council Meeting on May 10, 2007. Alderman Swaim made a motion to approve the
minutes. Alderman Moore 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 an update on the World Series by Alan Swaim that is to be
held August 9 -16, 2007.
On the agenda next was an update on Keep Van Buren Beautiful by John Pope. It
turns 1 year old this month!
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. Alderman Swaim moved that
the rules be suspended and the Ordinance be placed on its second reading. The motion
was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The
Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes
being necessary for passage. The 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 Dodd. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. The Mayor declared the notion carried as there were
six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then
read the Ordinance the third and final time. The Mayor asked if there was any
discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were
six (6) ayes and (0) nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderrnan Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The
Mayor then declared the Ordinance duly passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 10 -2007
CITY OF
VAN BUREN, ARKANSAS
ORDINANCE NO. 10 -2007
BE IT ENACTED BY THE
CITY COUNCIL, FOR THE'.
CITY OF VAN BUREN, AR-
KANSAS, AN ORDINANCE'S
TO,BE ENTITLED.
AN ORDINANCE TO•
AMEND ORDINANCE'.
NO. 7 -1963 (VAN BU
REN MUNICIPAL CODE.
NO. 14.04.01) FOR THE
PURPOSE OF REZON- S 4 S 4
ING CERTAIN PROP-
ERTY IN THE CITY OF
VAN BUREN, ARKAN-
SAS, AMENDING THE
ZONING MAP OF THE
CITY OF VAN BUREN,
ARKANSAS, DECLAR-
ING AN EMERGENCY,.
AND FOR OTHER PUR
POSES.
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: The;
west eighteen feet of Lot
5 and all of Lots 6 7, all
in Block 8, of the Oakland
Addition, more commonly'
as 1701 East
Van Buren, Arkansas
Property Zoned: R -1
New Zoning: C -2
WHEREAS, Notice of a
Public Hearing was duly
published and a Public,
hearing was conducted as I
required by law (A.C.A'- I
14 -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; and
WHEREAS, Time is of the
i essence and an emer -t
gency has been deter,
mined to exist;
NOW, THEREFORE, BE ITft
'ORDAINED BY THE CITY!,
COUNCIL OF THE CITY OF,d
I VAN BUREN, ARKANSAS: .1
SECTION 1: The above-de-1
scribed property is hereby:
rezoned, and the Van Bu-T.-3
ren Zoning Map is hereby:
amended to reflect this•r
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,. 3
'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 21st day of:.
May, 2007.
'Robert D. Freeman, Mayor
ATTESTED: Barbie Curtis,
City Clerk/Treasurer
APPROVED AS TO FORM:,
N.Donald Jenkins, Jr., City,
Attorney
Published in the June 2,•
2007 issue of the Press Ar
Igus- Courier.
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 07 -1963 TO ESTAI3LISH "TOWNHOUSE /ZERO LOT LINE"
(R -1B) RESIDENTIAL ZONING DISTRICTS IN 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,
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 Dodd. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were
six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then
read the Ordinance the third and final time. The Mayor asked if there was any
discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman 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.
Motion was made by Alderman Swaim and seconded by Alderman Moore, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays Alderman
Johnson. 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 11 -2007
CITY OF VAN BUREN
ARKANSAS
ORDINANCE NO. 11 -2007
BE IT ENACTED BY THE
CITY COUNCIL, FOR THE
CITY OF VAN BUREN, AR-
KANSAS AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE TO
AMEND ORDINANCE
07 -1963 TO ESTABLISH
"TOWNHOUSE/ZERO
LOT LINE" (R -1B) RESI-
DENTIAL
L ZONING DISTRICTS
IN THE CITY OF VAN
BUREN, ARKANSAS,
AND FOR OTHER PUR-
POSES
WHEREAS, it has been de-
termined by the city coun-
cil that there is an imme-
diate need for zoning dis-
tricts in the city of Van
Buren which allow for the
planning, construction
and transfer of Town-
houses and .Zero lot line
Residential dwelling de-
velopments; and
WHEREAS, notice of a
Public Hearing was duly
published and a Public
hearing was conducted;
by the Van Buren Plan-
ning Commission; and
WHEREAS, the proposed
changes herein was rec-
ommended by a majority
vote of the entire Plan-
ning Commission; and
NOW, THEREFORE, BE IT
ORDAINED AND ENACTED
BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: Article III, Sec-
tion 1, of Ordinance No.
07 -1963 (Van Buren Mu-
nicipal Code (04.04.01) is
amended as follows:
Section 1. Classification of
Districts: For. the purpose
of this Ordinance, Van Bu-
ren, Arkansas, has twelve
(12) zoning districts des-
ignated as follows:
R -1 Single Family Resi-
dential District
R -1B Townhouse /Zero
Lots line- Residential Dis-
trict
R -2 Two family Residen-
tial District
R -3 Multi- family Residen-
tial District
R -4' Mobile Home District
(Ord. 5-1972)
R -5 Single Family and
Manufactured Home Resi-
dential District (Ord.
9 -2003)
C -1 Central Commercial
District
C -2 Thoroughfare Com-
mercial District
1 -1 Light Industrial Dis
trict
1 -2 Heavy Industrial Dis-
trict
THE ORDINANCE WAS GIVEN THE NUMBER 11 -2007
G -f Governm and
bic Use Zone (Ord.
13 -1974
0 -1 Open Area Zone (Ord.
12-1975,
SECTION 2: That Article V
of Ord. No. 7- 1963 (Van
Buren Municipal Code
04.04.01) shall be
amended to add Section
1 -B which new section
shall read as follows:
SECTION 1 -B: R -1B Town-
houses /Zero Lot Line of
Residential District
The provisions of this zon-
ing classifications shall be
the same as the provi-
sions governing Section 1,
R -1 Zones, with the fol-
lowing exceptions and /or
additional requirements:
1. Permitted Uses: Town-
houses and zero lot line
dwellings
2. Definitions:
a. Zero lot line: Single
family residences which,
have a zero lot line lot
configuration.
b. Townhouse: Single
family residences which
have either a townhouse
design or a condominium
ownership regime.
3. MinimumLat_Area:
2,200 square feet for
townhouses and 5,000
square feet for zero lot
line dwellings. The total
building coverage shall
not exceed sixty percent
(60 of the lot area.
4. Minimum Lot Width;
Minimum width of 22 feet
for townhouses and 50
feet for zero lot line dwell-
ings.
5. Yard Requirements:
a. Front Yard: 20 feet
from property line or 45
feet from centerline of ex-
isting right- of -wayl;
whichever is greater.
b. Side Yard: On zero lot
lines lots, there shall be a
107.5 foot minimum set-
back and at least 15 feet
between adjacent build-
ings. Corner lots shall be
a 15 feet minimum set
back. None for town-
houses except that on
corner lots the minimum
side yard shall be 20 feet.
When an end unit of a
townhouse does not side
on a street, an open space
of at least 20 feet in width
shall be provided between
any adjacent structure.
c, Rear yard: 20 feet for
townhouse and zero lot
line. However, spaces
may be used for open car-
ports.
6. Off Street A
minimum of two parking
spaces per dwelling unit.
7. Dwelling Units A mini-
mum of 3 and a maximum
of 8 living units shall be
permitted in each row of
townhouses.
8. Additional Conditions:
a. Public services and fa-
cilities are adequate to
serve the zero lot line or
townhouse development;
b. Health, safety, and
welfare will not be jeop-
ardized as a result of the
proposed development;
c. Any and all specific
conditions deemed neces-
sary by the Planning Com-
mission to fulfill the
above mentioned condi-
tions shall be met by the
applicant
d. Common wall /lot
guidelines:
i. Zero lot line- -the wall of
the dwelling located on
the zero lot line shall have
no windows, doors,
air conditioning units, or
any other type of open-
ings; provided, however,
that, atriums or courts
shall be permitted on the
zero lot line side when the
court or atrium is en-
closed by three (3) walls
of the dwelling unit and a
solid wall of at least eight
(8) feet in height is pro-
vided on the zero lot line.
Said wall shall be con-
structed of the same ma-
terial as exterior walls of
the unit. In no case shall
a zero lot line dwelling be
built closer than eight (8)
feet from the lot line of a
lot not approved for zero
lot line development.
ii. Townhouse -Units shall
beconstructed up'to com-
mon side lot lines without
side yards, and no win-
dows, doors, or other
openings shall face a side
lot line except that the
outside wall of end units
may contain such open-
ings. However, where a
two -story townhouse ad-
joins a single -story town-
house, windows may be
installed in the
second -story wall of the
two-story townhouse_
e D�ainage: A five (5Pfobt
wall maintenance /im-
provement/drainage
easement shall be pro-
vided on the lot adjacent
to the zero lot line prop-
erty; which, with the ex-
ception of walls and
fences, shall be kept clear
of structures. The ease
rnent'shall be shown on
the final plat. Roof over-
hangs may penetrate the
easement on the adjacent
lot a maximum of
twenty -four (24) inches
but the roof shall be so
designed that water run-
off from the dwelling
placed on the lot line is
contained within the
easement area. Roofs
pitched in the direction of
the zero lot line shall be
guttered.
f. Fire Wall Specifica-
tions: The dwelling wall
abutting the zero lot line
or townhouse shall com-
ply with the current build-
ing code requirements.
9. Exclusivity of this Sec-
tion: Attached zero line
and townhouse develop-
ment is only allowed pur-
suant to this ordinance.
SECTION 3:- That the pas-
sage and approval of
these amendments to the
Van Buren Zoning Ordi-
nance will make the zon-
ing laws of the City' more
versatile and more re-
sponsive to the needs of
the City and its citizens.
Therefore, an emergency
is declared to exist and
this Ordinance, being nec-
essary for the preserva-
tion of the public peace,
health and safety, shall be
in full force and take ef-
fect immediately upon
and after its passage.
SECTION 4: 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 provi-
sion or part of a provision
herein, is declared to be
unconstitutional, inappro-
priate, or invalid by any
court of competent juris-
diction, such holding shall
not invalidate or affect
the remainder of this Or-
dinance and to that extent
the provisions hereto are
declared to be severable.
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
an 0 against, the forego-
ing Ordinance at its meet-
ing held on the 21st day of
May, 2007.
Robert D. Freeman, Mayor
ATTESTED: Barbie Curtis,
City Clerk/Treasurer
APPROVED AS TO FORM:
N. Donald Jenkins, Jr., City
Attorney.
Published in the June 2,
2007 issue of the Press Ar-
gus- Courier.
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 8 -1988 TO ESTABLISH THE MAXIMUM SALES AND USE
TAX PER SINGLE TRANSACTION, DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman
Swaim moved that the rules be suspended and the Ordinance be placed on its second
reading. The motion was seconded by Alderman Moore. On the Clerk's calling the roll,
the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd
and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The 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 Moore.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim,
Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as
there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The
Clerk then read the Ordinance the third and final time. The Mayor asked if there was any
discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, 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. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The
Mayor then declared the Ordinance duly passed and signed same in open Council, duly
attested by the City Clerk.
CITY OF VAN BUREN
ARKANSAS
ORDINANCE NO. 12 -2007
IBE IT ENACTED BY THE
CITY COUNCIL, FOR THE
CITY OF VAN BUREN, AR-
KANSAS, AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE TO
AMEND ORDINANCE
NO. 8 -1988 TO ESTAB-
LISH THE MAXIMUM
SALES AND USE TAX
PER SINGLE TRANSAC-
TION, DECLARING AN
'EMERGENCY, AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van
'Buren, pursuant to a spe-
cial election on May 3,
1988, and Ordinance No.
18 -1988, adopted a 1% l0-
'cal sales tax within the
city limits; and
WHEREAS, the City of Van
Buren provides a cap on
sales and use tax per sin-
gle transaction as set
forth in Ordinance No.
4 -2006 (3 -16 -03 of the VAN
BUREN MUNICIPAL CODE):
and
WHEREAS, section 1 of Or-
ginance No. 8 -1988 needs
to be technically cor-
rected to conform to vari-
ous amendments made to
the Van Buren Municipal
Complex to date; and
THE ORDINANCE WAS GIVEN THE NUMBER 12 -2007
WHEREAS, timeris -of `the
essence,nand an nemer
gency has been deter-
mined to exist;
NOW, THEREFORE, BE IT
ORDAINED AND ENACTED
BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: Ordinance
No. 8-1988, Sec. 1 is
hereby amended as fol-
lows:
Levy of Sales and Use Tax.
As authorized by Act 25 of
1st Extraordinary Session
of 1981, as amended by
Acts 726 and 802 of 1983,
there is hereby levied a
sales and use tax at the
rate of one percent (1
on the receipts from the
sale at retail within the
City of Van Buren, Arkan-
sas, on all such items
which are subject to taxa-
tion under the Arkansas 1
Gross Receipts Tax Act,
.Act 386 of 1941 of the Acts
of Arkansas, as amended,
subject to a maximum of
$25.00 for a single trans-
action, only as to the first
$2,500 of gross proceeds,
gross receipts or sales
from any "single transac-
i tion" as that term is de-
fined by Ordinance Nos.
9 -1988 and 4 -2006.
SECTION 2: Emergency
Clause. The ability to levy
and collect the city's 1%
(sales and use tax and to
iproperly apply the single
transaction limitation is
essential to the public
health, safety and wel-
fare, and this goal can be
!met by enactment of this
?ordinance; and emer-
gency is therefore, de-
clared to exist and this or-
dinance shall be in full
,force and effect from and
after the date of its pas-
sage.
SECTION 3: 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 provi-
sion or part of a provision
herein, is declared to be
unconstitutional, inappro-
priate, or invalid by any
court of competent juris-
diction, such holding shall
not invalidate or affect
the remainder of this Or-
dinance and to that extent
.the provisions hereto are
'declared to be severable.
IN WITNESS WHEREOF,
the City of Van Buren, Ar-
Ikansas, by its City Coun-
cil, did pass, approve, and
adopt, by a vote of 6 for
and 0 against, the forego
ling Ordinance at its meet-
ing held on the 21st day of
1May, 2007.
Robert D. Freeman, Mayor
ATTESTED: Barbie Curtis,
'City Clerk/Treasurer
APPROVED AS TO FORM:
N. Donald Jenkins, Jr., City
Attorney
in the June 2,
2007 issue of the Press Ar-
1 gus- Courier.
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF WILSON BROS. CONSTRUCTION FOR THE 2007 SCHOOL SIDEWALK
IMPROVEMENT PROJECT AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman
Johnson asked "How many in the past and how many in the future? Can sidewalks be
built when homes are built Alderman Swaim wanted to know the location. City
Engineer Brad Baldwin spoke saying that the start will be at McKibben Street on Log
Town Hill to City Heights Elementary. Alderman Swaim seconded by Alderman
Johnson moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and
Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution,
which was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 5 -2 -2007
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5 -2007
BE IT ENACTED BY THE CITY COUNCIL. FOR THE CITY 00 VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING TIIE BID OF WILSON BROS.
CONSTRUCTION FOR TIIE 2007 SCHOOL SIDEWALK
IMPROVEMENT PROJECT AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised and let bids for the School Sidewalk
Improvement Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and Wilson
Bros. Construction was the lowest bidder meeting the bid specifications; and
WIIEREAS, the City of Van Buren has determined that the bid of Wilson Bros. Construction is
the best bid;
NOW_ THEREFORE. BE IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN,
ARKANSAS, TIIAT:
Section 1. That the City of Van Buren, Arkansas accepts the bid of $62,000.00 as submitted by
Wilson Bros. Construction as set forth in"Exhibit 1" attached hereto; and
Section 2. The Mayor, Robert Freeman and City Clerk, Barbie Curtis are hereby authorized by
the City Council for the City of Van Buren to pay all expenses relating to the School
Sidewalk Improvement Project and to execute all documents necessary to effectuate
the agreement,
IN 'TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of H for and 0 against, the foregoing Resolution at
its Meeting held on the 21st day of May 2007.
ATTESTED:
Barbic Curtis, City CIerk/T� N. Do
Robert D. 'reema
AI'PR
•VE AS TO'ORM:
1st name
Jen
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF WILSON BROS. CONSTRUCTION FOR THE STREET IMPROVEMENT
PHASE X PROJECT AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman
Johnson spoke asking where this was. City Engineer Brad Baldwin responded saying it
was in the Rolling Hills Addition and Allen Canning. Alderman Swaim seconded by
Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd
and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution,
which was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 5 -3 -2007
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5- 3 -2007
BE IT ENACTED 13Y THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF WILSON BROS.
CONSTRUCTION FOR 'rHE STREET IMPROVEMENT-
PHASE X PROJECT AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised and let bids for the Street Improvement- Phase
X Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas taw and Wilson
Bros. Construction was the lowest bidder meeting the bid specifications; and
WI IEREAS, the City of Van Buren has determined that the bid of Wilson Bros. Construction is
the best bid;
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section I. That the City of Van Buren, Arkansas accepts the bid of $789,752.40 as submitted
by Wilson Bros. Construction as set forth in"Exhibit I" attached hereto; and
Section 2. The Mayor, Robert Freeman and City Clerk, Barbie Curtis are hereby authorized by
the City Council for the City of Van Buren to pay all expenses relating to the Street
Improvement- Phase X Project and to execute all documents necessary to efTectuatc
the agreement
IN TESTI MONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 6 for and ((3 against, the foregoing Resolution at
its Meeting held on the 21st day of May 2007.
ATTESTED: APP_ OVED TO FORM:
13arbie Curtis, City Clerk /Treasurer
N
Attorney
On the agenda next was a request from 2007 Celebrity Classic to close streets from
6:00 a.m. until 6:00 p.m. on Saturday, September 29` and Sunday, September 30"', 2007.
Alderman Swaim seconded by Aldennan Parker 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 for Dorvan Wiley, Mark Evans and John Symonds for another 3 yr.
term from the Van Buren Planning Commission. Alderman Swaim seconded by
Alderman Dodd made a motion to grant the recommendation. The Council followed with
a unanimous vote.
On the agenda next was a letter to Mayor Freeman from the Van Buren Housing
Authority requesting Jackie Riley to replace the vacant position of Arliss Schroeder for a
5 yr. Term. Alderman Swaim seconded by Alderman Sagely made a motion to grant the
request. The Council followed with a unanimous vote.
On the agenda next was a letter to Mayor Freeman requesting the re- appointment for
Dwight Hopkins and Paul Gibson for 3 yr. terns on the Historic District Commission.
Alderman Swaim seconded by Alderman Parker 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 Parker to appropriate the sum of 51,044,686.05 to pay
expenses and salaries for April 2007, presented by the City Clerk. The Council followed
with a unanimous vote.
5- 00,-200 1 ::18 F11�
30 General Fund
ASSETS
ACCT0 ACCOUNT NAME
1000 Petty Cash
1020 Cash in Bank
1020.10 Cash in Bank Sales Tax City.
1020.17 Nev Police Dept
1020.18 Cash in Bank PO Co Tax
1020.19 Cash in Bank 1D CO Tax
1020.20 Cash In Bank-Erosion Control
1020.27 Cash 10 Bank Levee
1020.31 Cash in Bank Parks Rec
1020.51 Cash in Bank cemetery
1020.91 Cash in Bank Cap Imp
1040 Investments
1040.10 investments Sales Tax City
1040.18 Investments PO CO Tax
1040.19 investments FO co Tax
1040.27 investments Levee
1040.31 Investments Parks 6 Inc
1040.51 Investments Cemetery
1040.91 Investments Cap Imp
1050 Foxed Assets
1051. Accumulated Depreciation
1504 Due from Payroll
1505 Due From Other Funds
1520 Due from Street Fund
1540 Inc From Library Fund
LIABILITIES AND FUND BALANCE
2000 Accounts Payable
2010 Municipal Health Ins. Payable
2030 Colonial Life Payable
2035 Credit Union First Resource
2040 LOPF1 Payable
2050 National Foundation Life Ins.
2060 AFLAC
2080 0055500 Payable
2090 New Y000 Life Ins. Payable
2100 Life Ins. of Georgia Payable
2130 Garnishments Payable
2135 R. Allen Trust 4502355610
2140 United Way Payable
2150 Parks 6 Flee. F.D.D.
2160 Pre -Paid Legal Services
2170 F.O.P.
2171 5.5. Police Benevolent Assoc.
2175 Van Duren Fire Fighters Onion
2176 Van Buren FSrenen Contribution
CITY OF VAN 00REN
TRIAL BALANCE
As OF. APRIL 30TH. 2007
DEBITS CREDITS
0.00
5,220.29
0.00
0.00
1,290.31
1.357.77
500.00
0.00
53,394.00
441.33
132,049.61
2,359.07
0.00
0.00
0.00
0.00
118.06
4,121.44
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
0.00
0.00
0.00
0.00
0.00
DE BITS CREDIT0
200.00
103,346.36
0.00
35,000.00
100,908.87
90,900.87
10,350.00
4.844.7
64,222.60
15,452.53
772,861.25
565,758.00
0.00
0.00
0.00
0.00
0.00
48.752.59
1,791,666.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
35.28
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
906,857.26+
1,629.35+
112,159 34+
978.68+
349.389
1,308 -15+
21.405.91+
1 044,686.0..
250.00
Next Police, Fire, Building Inspector, District Court, and Engineer Reports were
presented for filing.
Next on the agenda was Miscellaneous and General Discussion. Mr. Jim Hale spoke
telling the Mayor and the Council how bad the water run off from new projects was up by
his property on Hwy. 59. Mayor Freeman agreed to look into the situation.
There being no further business, motion was made by Alderman Swaim and
seconded by Alderman Parker to adjourn. The Council members followed with a
unanimous vote. The meeting adjourned at 8:15 p.m.
ATTESTED:
APPROVED:
CITY CLERK TREASURER MAYOR