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06 June 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JUNE 18, 2007 The City Council ofthc City of Van Buren, Arkansas met at 7:00 p.m., Monday, June 18, 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 Benton Cone with ABC Commodities. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman spoke wanting to recognize the City Clerk- Treasurer Barbie Curtis for being awarded as the Municipal Clerk of the Year and the Adrian White Municipal Leadership Award. Congratulations, Barbie! On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on May 21, 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, Mayor Freeman asked to adopt the minutes of the Special Council Meeting on June 5, 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 was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE CLOSING AND ABANDONMENT OF A PORTION OF THE ELM STREET RIGHT -OF -WAY IN THE RIVERCLIFF ADDITION, WITHIN THE CORPORATE LIMITS OF ThIE CITY OF VAN BUREN, ARKANSAS, 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. 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 6 -2 -2007 THE RESOLUTION WAS GIVEN THE NUMBER 6 -2 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. b c2- 2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION '10 BE ENTITLED: A RESOLUTION SETTING A PUBLIC HEARING FOR THE CLOSING AND ABANDONMENT OF A PORTION OF TIIE ELM STREET RIGHT -OF -WAY IN THE RIVERCLIFF ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES WHEREAS, a petition has been filed with the City Council of the City of Van Buren, Arkansas by Dale W. Anna F. Trentham and William L. Karen Pharis to close and abandon a portion of the Elm Street Right -of -Way, in the Rivercliff Addition, within the corporate limits of the City of Van Buren, Arkansa'S, as setout in Attachment 1 attached hereto; and WHEREAS, The City Council of Van Buren, Arkansas, acting under the authority of Arkansas Code Annotated, 14- 301 -301 has the authority to take the action herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: Section 1: That a Public Hearing is set for July 16, 2007, at 7:00 p.m., at which time said Petition shall be presented to the City Council, for the Council to determine whether such property should be closed, and that all abutting property owners and other persons directly interested have consented to such closure. Section 2: That the City Clerk of Van Buren, Arkansas, is hereby directed to publish notice of the filing of said petition and of said hearing for the time and in the manner prescribed by law. IN TESTIMONY 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 18th day of June 2007. ATTESTED: Barbie Curtis, City Clerk/Treasurer Robert D. Freeman, APPROVED AS TOCORM: N. D ns, 't omey On the agenda next was to consider A RESOLUTION ACCEPTING THE BID FROM BROWN- HILLER -CLARK ASSOCIATES 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 Dodd 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. A RESOLUTION ACCEPTING THE BID FROM BROWN- HILLER -CLARK ASSOCIATES FOR PROPERTY INSURANCE. WHEREAS, The Mayor has advertised for bids for property insurance; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, Brown Hiller -Clark Associates was the lowest bid in the amount of S8,179.00. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, THE RESOLUTION WAS GIVEN THE NUMBER 6 -3 -2007 PASSED AND APPROVED THIS 18 DAY OF JU 2007 ATTESTED: CITY CLERK- TREASURER CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 10 '3 -2007 The bid of Brown- Hiller-Clark Associates is reasonable and is hereby accepted. The Mayor is authorized to contract with Brown- Hiller -Clark Associates for property insurance in the amount of $8,179.00 On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "SPARKS NORTHSIDE COMMERCIAL PARK" (Lots 1 -3) WITHIN THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked ifthere 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 voted 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. CITY OF VAN BUREN, ARKANSAS Section 1: THE RESOLUTION WAS GIVEN THE NUMBER 6 -4 -2007 RESOLUTION NO. (0 `C -2007 I3E IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO B13 ENTITLED: A RESOLUTION APPROVING AND ACCEPTING 171E FINAL PLAT OF "SPARKS NORTIISIDE COMMERICAL PARK" (Lots 1 -3) WITHIN 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 dutics 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 (Ordinance No. 7- 2003); 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 June 5. 2007; 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: 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 the Sparks Northside Commercial Park (Lots 1 -3) within the City of Van Buren, Arkansas, 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 Ca for and 0 a- nst, the foregoing Resolution at its meeting held on the 18th day of June, 2007. AflESSTED: �t d L n U-(/- Barbie Curtis, City Clerk/Treasurer Robert D APPR N. p ED •5 TO al _v memo omcy On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERIC TO REMOVE CERTAIN LOST, DESTROYED, ABANDONED OR OTHERWISE DISPOSED OF FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, 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. 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 6 -5 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 10 -5 2007 BE IT ENACTED BY TIIE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset inventory list; and WHEREAS, WHEREAS, WHEREAS, Section 1: Section 2: A RESOLUTION TO AUTHORIZE TH E MAYOR AND CITY CLERK TO REMOVE CERTAIN LOST, DESTROYED, ABANDONED OR OTHERWISE DISPOSED OF FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, AND FOR OTHER PURPOSES. 1 EweuA GAOL:— Barbie Curtis, City ClerklTreasurer after an extensive audit of the assets of the City of Van I3uren, it has been determined that there are certain lost, destroyed, abandoned or otherwise disposed of fixed assets on the city's inventory that are no longer on hand, as set forth in Exhibit "A" attached hereto; and the City of Van Buren has fully investigated the circumstances of these missing fixed assets and has determined that they are missing, through no misfeasance, but because they have been destroyed, abandoned or otherwise disposed of in the normal course of use by the City of Van Buren and the various departments of the City; and is therefore recommended by our State Auditor that said lost, destroyed, abandoned or otherwise disposed of fixed assets be purged or removed from the City's Fixed Asset list. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, TIIAT: The lost, destroyed, abandoned or otherwise disposed of fixed assets on the city's inventory, as set forth in Exhibit "A" are to be removed from the fixed asset inventory and written off, The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to take all necessary actions and execute all documents necessary to effectuate this resolution. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (o for and 0 against, the foregoing Resolution at its meeting held on the lie day of June, 2007. Robert D. Freem ATTESTED: AP" •V' AS 0 FORM: `Car Attorney 6 On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE TRANSFER OF ASSETS FOR AFFECTED VAN BUREN POLICE OFFICERS FROM THE ARKANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (APERS) TO THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI), TO AUTHORIZE PAYMENT OF THE ACTUARIAL FEE, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Aldernan Johnson seconded by Alderman Swaim 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 RESOLUTION WAS GIVEN THE NUMBER 6 -6 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR TIIE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE TIIE TRANSFER OF ASSETS FOR AFFECTED VAN BUREN POLICE OFFICERS FROM TIIIE ARKANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (APERS) TO THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPED, TO AUTHORIZE PAYMENT OF TIIE ACTUARIAL FEE, AND FOR OTIIER 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 WIIEREAS, the City of Van Buren wishes to transfer certain eligiblep 'resent and future employees who are "Police Officers," as that term is defined under Act 364 of 1981, A.C.A. §24- 10 -10I et seq_ from the Arkansas Public Employees Retirement System (HERS) to the Arkansas Local Police and Fire Retirement System LOPFI); and WHEREAS, the City of Van Buren desires and wishes to authorize the transfer of assets for any affected officers from APERS to LOPFI, as necessary to move eligible officers from one system to the other; and WHEREAS, the City of Van Buren is required to remit payment of twelve hundred dollars and no cents ($1,200.00) to Gabriel, Roeder, Smith and Company, as an actuarial fee, to determine the required employer contribution rate to fund the retirement benefits for any affected officers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: Section 1: LOPFI is hereby authorized to transfer assets for affected Van Buren police officers from AI'ERS to LOPFI, as necessary; and Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van 13uren to pay $1,200 for actuarial services, and to take all necessary actions and execute all documents necessary to effectuate this resolution. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (n for and 0 against, the foregoing Resolution at its meeting held on the 18 day of June, 2007. ATTESTED: Barbie Curtis, City Clerk/Treasurer CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. Y/ Ip 2007 On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 07 -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 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 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Aldcnnan Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 14 -2007 CITY OF VAN BUREN WHEREAS, as a result of ARKANSAS this hearing, the Planning ORDINANCE NO 14-2007 Commission has recom- BE IT ENACTED BY THE. mended that certain prop CITY COUNCIL, FOR THE, erty within the city limits CITY OF VAN BUREN, AR- of the City of Van Buren KANSAS, AN ORDINANCE, be rezoned from its previ- TO BE ENTITLED. ous classification to the AN ORDINANCE TO, following: AMEND ORDINANCE Property Description 7 -1963 (VAN BUREN MU- PT NW SE 13- 09 -32, Origi- NICIPAL CODE NO. nal Town of Van Buren 14.04.01) FOR THE PUR- more commonly known as POSE OF REZONING CER- 606 Pointer Trail East, Van TAIN PROPERTY IN THE Buren, Arkansas CITY OF VAN BUREN, AR- Property Zoned KANSAS, AMENDING THE R -1 ZONING MAP OF THE CITY ew ng OF VAN BUREN, ARKAN- R -2 SAS, AND FOR OTHER WHEREAS, The proposed PURPOSES. rezoning herein was rec- WHEREAS, the City of Van ommended by 'a majority Buren, Arkansas is duly vote of the entire Plan incorporated under the ning Commission, in ac- laws of the State of Ar cordance with A.C.A kansas, with all powers, 14 -56 -422; authority and duties of a NOW, THEREFORE, BE IT city of the first class; and ORDAINED BY THE CITY WHEREAS, the City of Van COUNCIL OF THE CITY OF Buren has adopted the VAN BUREN, ARKANSAS; Zoning Ordinance for the SECTION I: The above -de- City of Van Buren (Ordi- scribed property is hereby ranee No. 7- 1963); and rezoned, and the Van Bu- WHEREAS, notice of a ren Zoning Map is hereby Public Hearing was duly amended to reflect this published„ and a -Public rezoning; and h earing was condu as SECTION 2: The adopted required by law (A.C.A rezoning shall be filed in 14 -56 -422) on lupe_5, 2007; the office of the City and. 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 18th day of lune, 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 23, 2007 issue of the Press Ar- gus- Courier 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 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 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 Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 15 -2007 CITY OF VAN BUREN ARKANSAS ORDINANCE NO.15.2007 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 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 THE CITY OF VAN BUREN, ARKAN- SAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Ar- kansas, 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 (Ordi- nance No: Y1963); and. °a1 WHEREAS hdtice of 'a Public Hearing was duly published and a Public hearing was conducted as required by law (A.C.A 14-56-422) on June 5,.2007; and WHEREAS, as a result of this hearing, 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 I through 4, Block 69 Original Town of Van Bu- ren, Van Buren, Arkansas Property Zoned C -1 New Zoning R -3 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 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, Ar- kansas, by its City Colin- 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 18th day of June, 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 23, 2007 issue of the Press Ar- gus- Courier. On the agenda next was to consider AN ORDINANCE LEVYING A TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2007, 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 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman 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 Sagely, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE 16-2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE LEVYING A TAX FOR THE CITY GEN- ERAL MUNICIPAL PUR- POSES AND FOR THE PUB- LIC LIBRARY PURPOSES FOR THE YEAR 2007, DE- CLARING AN EMERGENCY, AND FOR OTHER PUR- POSES. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Ar- kansas, with all powers, authority and duties of a city of the First Class; and WHEREAS, the purpose of this Ordinance is immedi- ately necessary for pres- ervation of the health, safety and welfare of the inhabitants of the City of Van Buren, Arkansas and an emergency exists which requires that this Ordinance become.imme- diately effective and in full force and effect; and WHEREAS, the City of Van Buren, Arkansas, must have funds for operation of the City, and can only obtain the necessary funds to continue the cur- rent level of services to its citizens by continuing to levy a 2 mill tax on real and personal and prop- erty tax for the general THE ORDINANCE WAS GIVEN THE NUMBER 16 -2007 municipal purpose of the City and a 1.4 mill tax on real and personal and property tax for the Van Buren library mainte- nance purposes. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The rate of all real and personal prop erty' in Van Buren, Arkan- sas, for the year 2007, for general municipal pur- poses under the authority of Section 4, Article XII, of the Constitution of 1874, of the State of 'Arkansas, be, and the same is hereby affixed at 2 mills on the dollar of the as- sessed valuation of all real property subject to taxation in the City of Van Buren, Arkansas, for the year 2007, for general mu- nicipal purposes. SECTION 2: The rate of all real and personal prop- erty in the City of Van Bu- ren, Arkansas, for the year 2007, for the mainte- nance.of a City Public Li- brary, under the authority of a vote of,the people of the City of Van Buren, Ar- kansas, and the City Gen- eral Elections held on the 7th day of April, 1942, (1 mill) and the 8th day of November, 1994, (.4 mill), be, and the same is hereby affixed at 1.4 mills on the dollar of the as- sessed valuation of all real and persbnal, erty subject to taxation in the/City of Wan BurenzAr- kansas, for year 2007, for the library mainte- nance 'purposes„ subject to the provisions of Act No. 848 of 1981; the same being "adjustment or roll- back of tax rates dues to increase in aggregate valuation of taxable prop- erty." SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk of Crawford County, Arkan- sas, in order that the Quo- rum Court of Crawford County, Arkansas, may.in- elude the same in the gen- eral levy of the year 2007 and cause the same to be extended upon the tax books and collected as re- quired by law. SECTION 4: this Ordinance being immediately neces- sary to obtain revenue to pay expenses of the City Government for the City of Van Buren, Arkansas, and necessary in provid- ing for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this Ordi- nance shall be, take effect and be in force after its passage and-publication. 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 lath day of June, 2007. Robert D. Freeman Mayor ATTESTED: Barbie Curtis City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr. City Attorney Published in the lune 23, 2007 issue of the Press Ar- gus- Courier. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 6 -1971 (CHAPTER 8.24 OF THE VAN BUREN MUNICIPAL CODE) TO ESTABLISH THE MAXIMUM LAWFUL SPEED ON A VAN BUREN CITY STREET TO 25 MILES PER HOUR UNLESS OTHERWISE POSTED, 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. Alderman Sagely spoke wanting to know if the Police were going to give warnings first. Police Chief Kenny Bell responded saying yes. Alderman Parker spoke saying how she thinks it's too slow but in some areas it would be ok. 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 Swain and seconded by Alderman Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 17 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE WHEREAS, the penalty TO BE ENTITLED: section of Chapter 8.24 of AN ORDINANCE TO the Van Buren Municipal AMEND ORDINANCE NO. Code has not been ad- 6 -1971 (CHAPTER 8.24 OF justed in over thirty -five THE VAN BUREN MUNICI- years, and should be ad- PAL CODE) TO ESTABLISH justed to allow for fines THE MAXIMUM LAWFUL up to $100.00; and SPEED ON A VAN BUREN WHEREAS, notice of a CITY STREET TO 25 MILES Public Hearing was duly PER HOUR UNLESS OTH- published and a Public ERWISE POSTED, DECLAR- Hearing was conducted ING AN EMERGENCY, AN. by the Van Buren Plan FOR OTHER PURPOSES. ning Commission; and WHEREAS, the current WHEREAS, the proposed base speed limit, for un- changes herein were rec- posted city streets in Van ommended by •a majority Buren, is 35 miles per vote of. the entire Plan hour; and ning Commission; and WHEREAS, this includes WHEREAS, time is of the many residential areas in essence and an emer- the City of Van Buren gency has been deter where the size or topogra- mined to exist; phy of the streets makes NOW, THEREFORE, BE IT.. 35 miles per hour an un- ORDAINED AND ENACTED safe and potentially haz- BY THE CITY COUNCIL OF ardous speed limit; and THE CITY OF VAN BUREN, WHEREAS, the City Engi- ARKANSAS, THAT: neer and the City Street SECTION 1: Ordinance No. Department have deter- 6 -1971, Sec. 1 (Section mined it is not economi- 8.24.01(8) of the Van Bu- cally feasible, or other- ren Municipal Code) is wise practicable, to post hereby amended as fol- many of the smaller or lows: more challenging residen- tial streets with signage; (and_ THE ORDINANCE WAS GIVEN THE NUMBER 17 -2007 On all streets except where a special hazard exists that requires low- ered for compliance with paragraph (a) of this sec- tion, the maximum lawful speed on city streets shall, be thirt five -1d5a twenty-five (25) miles per hour unless otherwise posted and no person shall drive a vehicle on a city street at a. speed in excess of such limit." SECTION 2. Ordinance No. 6 -1971, Sec. 2 (Section 8.24.02 of the Van Buren Municipal Code) is hereby amended as follows: "Any person any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and upon convic- tion thereof shall be pun- ished by a fine in the amount not exceeding Fir euacs- ($60.00) One Hundred Dollars ($100.00)." SECTION 3: Emergency Clause. The ability to pro- tect drivers and pedestri- ans in the city of Van Bu- ren is essential to the public health, safety and welfare, 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 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 and 0 against, the forego- ing Ordinance at its meet- ing held on the 18th day of June, 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 23, 2007 issue of the Press Ar- gus- Courier. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 2 -1998, TO INCLUDE THE FAIRVIEW CEMETERY AS PART OF THE VAN BUREN HISTORIC DISTRICT, PURSUANT TO THE PROVISIONS OF ACT 484 OF THE 1963 ACTS OF ARKANSAS, A.C.A. 14- 172 -101, 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 Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Aldernan Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE 18 -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 NO. 2 -1998, TO INCLUDE THE FAIRVIEW CEMETERY AS PART OF THE VAN BUREN HISTORIC DISTRICT, PUR- SUANT TO THE PROVI- SIONS OF ACT 484 OF THE 1963 ACTS OF ARKANSAS, A.C.A. 14- 172 -101, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, pursuant to Ordi- nance No. 7 -1977, as amended by Ordinance No. 2.1998, established' the Van Buren Historic. District, and the Historic District Commission to promote the educational, cultural, economic, and general welfare of the public through the preser- vation and protection of buildings, sites, places, and districts of historic in- terest through the main tenance such as land- marks in the history of ar- chitecture of the munici- pality, of the state, and of the nation, and through the development of ap- propriate settings for such buildings, places, and districts; and THE ORDINANCE WAS GIVEN THE NUMBER 18 -2007 WHEREAS, notice of a Public Hearing was duly published and a Public Hearing was conducted; by the Van Buren Historic District which found as follows: 1. The addition of the Fair- view Cemetery to the Van Buren Historic District will further protect the his- toric value of the Fairview Cemetery and its unique funerary architecture. 2. The Historic District Commission will be solely involved in protecting the architecture and charac- ter of the Fairview Ceme- tery and will in no way be participating in the day -to -day operations of the Fairview Cemetery Board, which was estab- lished pursuant to Ordi- nance No. 28 -1974. 3. The Historic District Commission staff will closely coordinate with the Fairview Cemetery Board and the designated liaison to ensure that ade- quate measures are taken to protect the property hereto, and that proper procedures are followed for any and all restoration and rehabilitation pro- jects undertaken within the designated property. 4. Including the Fairview Cemetery in the Van Bu- ren Historic District will facilitate the location, ap= I plication and administra- Itive -of- grants to_maintain the unique historical ele- ments within Fairview Cemetery. WHEREAS, the proposed changes herein „were unanimously, -e; ,o, ecom- mended by, a- vote.of the entire Historic District Commission and the Fair- view Cemetery Board. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Section 2 of 1 Ordinance No. 02 -1998, an Iamendment to Section 1 1l of Ordinance 07 -1977 (Van Buren Municipal Code 02.64.04) is amended to include the addition of the following legal descrip tion for the Fairview Cemetery: PART OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 32 WEST, CRAW FORD COUNTY. ARKAN- SAS, BEING MORE PAR- TICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST LINE OF FAYETTEVILLE ROAD (AR HIGHWAY 59) AND THE NORTH LINE OF POPLAR STREET INTER- SECT; THENCE NORTH ALONG THE EAST LINE OF FAYETTEVILLE ROAD TO A POINT WHERE THE EAST LINE OF FAYETTEVILLE ROAD INTERSECTS WITH THE SOUTH LINE OF MCKIBBEN AVENUE; THENCE _LEAVING THE EAST LINE OF FAYET -1 TEVILLE ROAD AND! ALONG THE SOUTH LINE OF MCKIBBEN AVENUE I APPROXIMATELY 8801 FEET TO A POINT BEING 20 FEET EAST OF THE NORTHWEST CORNER OF LOT 1 BLOCK 8 GRAND VIEW ADDITION (WHICH APPEARS TO BE THE WEST LINE OF AN ALLEY- WAY); THENCE LEAVING SAID SOUTH LINE 'OF MCKIBBEN AVENUE, SOUTH TO A POINT ON THE NORTH LINE OF POP- LAR STREET, WEST TO THE POINT OF BEGIN- NING. 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 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 and 0 against, the forego- ing Ordinance at its meet- 1 ing held on the 18th day of lune, 2007. Robert D. Freeman Mayor ATTESTED: Barbie Curtis City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, )r. City Attorney Published in the lune 23, 2007 issue of the Press Ar- gus- Courier 3 On the agenda next was Boards and Commissions. Mayor Freeman received a recommendation for the reappointment of Donna Parker to another 5 yr. term on the Library Board. 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 Sagely to appropriate the sum of S1,037,139.96 to pay expenses and salaries for May 2007, presented by the City Clerk. The Council followed with a unanimous vote. 6 -05 -2007 01:38 PM 10 General Fund ASSETS CITY OF VAN BBREN TRIAL BALANCE AS OF MAY 31ST. 2007 ACCTX AC0009.7 NAY£ DEBITS CREDITS 1000 Petty. Cash 1020 Cash In Bank 1020.10 Cash in Bank sales Tax City 1020.17 New Police Dept 1020.18 Cash in Bank PO Co Tax 1020.19 Cash in Bank FO Co Tax 1020.20 Cash In Bank Erosion Control 1020.27 Cash in Bank Levee 1020.31 Cash in Bank Paris 4 Teo 1020.51 cash in Bank Cemetery 1020.91 Cash in Bank Cap Imp 1040 Investments 1040.10 Investments Bales Tax City 1040.18 Investments PD Co Tax 1040.19 Investments Ill Co Tax 1040.27 Investments Levee 1040.31 Investments Parks f Rec 1040.51 Investments Cemetery 1040.91 Investments Cap Smp 1050 Fixed Assets 1051 Accumulated Depreciation 1504 Due from Payroll 1505 Due Fran\ Other Funds 1520 Due from Street Fund 1540 Due From Library Fund LIABILITIES AND EOND BALANCE 2000 Accounts Payable 2010 Municipal Health Ins. Payable 2030 Colonial Life Payable 2035 Credit Onitin -First Resource 2040 LOPE' Payable 2050 National Foundation Lite Ins. 2060 AF0AC 2080 Conseco Payable 2090 New York Inc Ins. Payable 2100 Life Ins. of Georgia Payable 2030 Garnishments Payable 2135 R. Allen Trust 0502355610 2140 United May Payable 2150 Parks .5 Rec. F.U.U. 2160 Pre -Paid Legal Services 2170 F.O.P. 2171 S.B. Police Benevolent Assoc. 2175 Van Buren Fire Fighters Union 2176 Van Buren Firemen Contribution 0.00 54,796.60 0.00 0.00 550.00 0.00 0,760.72 94,029.48 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 12,076.16 12,169.03 2,228.83 15,758.80 11.919.74 4,228.31 246.59 1,674.03 200.00 240,214.70 0.00 35.000.00 89,832.71 78.719.84 10,900.00 4,844.17 73,003.32 13,223.70 866,890.73 550,000.00 0.00 0.00 0.00 0.00 0.00 48,752.59 1,779,746.76 0.00 0.00 0.00 0.00 0.00 0.00 DEBITS CREDITS 0.00 0.00 0.00 0.00 35.28 0.00 0.00 0.00 0.00 0.00 37.90 295.00 55.50 656.39 0.00 0.00 4.228.31 1,074.03 .27,634'12+ 1,732.06+ 102,069'62+ 3,714.00+ 1,190.16+ 1,037.139.96 246.59 250.00 37.90 295.00 55.50 656.39 1 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Alderman Swaim spoke and said that the Cox Communication Franchise Agreement needed to be reviewed. If memory serves me, they must maintain an office in Van Buren. Next on the agenda was Miscellaneous and General Discussion. Daniel Franklin presented a letter and map of the area in concern. There is a high traffic flow traveling North /South on Durango at high speeds. There used to be a stop sign at Solitude and Durango but was taken out. It is of great concern for the citizens of that neighborhood for the safety of their children and themselves. Then Lori Hursey spoke saying how they appreciate the Police patrolling, but the neighbors don't feel that is enough and agreed that the stop sign needs to be put back up. The Mayor responded saying stop signs are not the right way for speed control but that they would put the stop signs back up. Gene White spoke regarding the speed limit being changed to 25 mph saying that it would be an unfair burden we are placing upon our Police Department and that we needed more manpower. He said that he lived on North 24 Street and invited Chief Bell and the Police Department to come and sit in his driveway to see how the vehicles speed up and down on the street and that he would even camouflage them. David Lockwood spoke regarding the intersection of 8' and Webster Street. There is a bush on the corner by the church that something needs to be done about. It blocks the site of oncoming traffic. The Mayor spoke and told City Engineer Brad Baldwin to get on that. There being no further business, motion was made by Alderman Parker and seconded by all of the Council to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 8:15 p.m. ATTESTED: APPROVED: CITY CLERK TREASURER MAYOR