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04 April 1999 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD APRIL 19, 1999 The City Council of the City of Van Buren Arkansas met at 7:00 p.m. , Monday, April 19, 1999, at City Hall. The meeting was called to order by Mayor Riggs, presiding officer. On roll call the following members answered as their names were called: Alderman Parker, Swaim, Taylor, Moore, Spoon and Barker. City Clerk Barbie Curtis and City Attorney Candice Settle were also present. This made a total of nine (9) present. A quorum was declared. The Invocation was given by Alderman Rick Spoon. Next the Mayor led the Pledge of Allegiance. Alderman Taylor seconded by Alderman Swaim made a motion to approve the March 15, 1999 Council Meeting minutes as printed. Motion was unanimously carried by the City Council . Next was to consider an ORDINANCE TO AMEND ORDINANCE NO. 7-1963 FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. It was recommended by the Planning Commission. The Clerk read the Ordinance the first time in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance 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 Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roll , the following vote resulted: Ayes - Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 declared the Ordinance open for discussion. 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 Parker, Barker, Spoon, Taylor, Moore and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 4-1999 `n OD'O E^ . o . O eV O A T.L.. ObvyAw000 .0H� oo�CAo -eta 0 c ° f_q_Iz WO . HO•eos. b-8' 71bo.=cW9a uZ, .al WVuW TNoT, >> . 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Q.vUZwvH.....vHEM-oy „ Next was to consider an ORDINANCE TO AMEND ORDINANCE NO. 7-1963 FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. It was recommended by the Planning Commission. The Clerk read the Ordinance the first time in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance 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, Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 declared the Ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance Pass ?" Motion was made by Alderman Taylor and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 5-1999 „,. 3w G 8;y.°LC0 "DE•.°d3bb'4vO;.L„ W � e!:. � �{4C3yC flIiiiHiIii EE"z W' O° 2,'.-< ?eoAu pbbdycaa o,1a -c. mUootNEF+.e 2<0 n WAY'.. oot,L. ° u d ,6 0 T..” M oo •v1" >,a u•o uv4 0 in y w y y i t to cv u Z g azA.4<Fzb 5 t ° E w 3 d`+' o"' `1,s"' d.ti?w 4 ys °° si u_ 31z43 .3 3 3 .t, ,Z ppQ W •0 w, "O C ws O X... v,W'z m,, 6- t ,.—ji VC a) y m w w_' !}� ..,y.... c%:. .dd[^Uo4<z>� vi�u. -0.2 a 7r..c-°" ° o w � •o rj i. �.. Al O_ C «^ O 4 o p V O 'O >,1" C 00 .q'17�'O" _ '° b 9 a' ��.... W E^ C - e0-o O 0 .p .O y''"o O C O 8 3yD Cel bb C T O ? p•,. !« . i w -L3 U F tri tina'•^ 0•E a- o ;,v�9 s.. o Ci.a v o C d'o c°� 00.4 U A w cui °.uo ,W o cv°�,,,� sn ,,i 0 r.. z 4' , <'� a°iacd<w uz..... .. . .E-., .,s yuwy� sJ . � w z O toe z .4 4:'Z a 0 1:6-pen`4,.>$N s •-ao %4 m o Q a°a.$ °a o '-" *-4 r`Fs' " [� . - z .w°+ A. ° . �►o° , ,�7 u«9474 wAgu p°,,ydm �, . - td ':4-. .1-..›.- . >. 021.70toe +ti'N ij'�uO o.E.". rwlt+ g f 1 f� a w O . a� '4.°4'-c)<<2> cli' a z f...v ao t3I E N-0 . s... co . .y. ,. . . •*, Next the Mayor introduced and welcomed elected officials Beverly Pyle, Jane Dixon, Ruth Whitaker, and Libby Burchfield from Cedarville. The Mayor .introduced Doyle Johns Crawford County Justice of the Peace. The Mayor next introduced City Attorney Candice Settle and welcomed her. On the agenda next was to consider a RESOLUTION APPROVING REPLAT OF TIMBER OAKS, LOT 20C, IN THE CITY OF VAN BUREN, ARKANSAS. The Ordinance was recommended by the Planning Commission. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-1-1999 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4 -1999 A RESOLUTION APPROVING REPLAT OF TIMBER OAKS, LOT 20C, IN THE CITY OF VAN BUREN, ARKANSAS. SECTION I: THAT subject to the assurances provided in the Sub-Division Regulations being executed to assure that all improvements are put in, Timber Oaks, Lot 20C, is approved. SECTION2: THAT the Mayor is authorized and directed to y sign said plat plan and the City Clerk is authorized and directed to attest same upon the filing of the assurities mentioned above. PASSED AND APPROVED THIS 19TH DAY OF APRIL ,19 99. V MA OR ATTESTED: C Y CLERK-TREASURER • 1 On the agenda next was to consider a RESOLUTION APPROVING REPLAT OF HERITAGE HEIGHTS, PHASE IV, LOTS 112A AND 113A, IN THE CITY OF VAN BUREN, ARKANSAS It was recommended by the Planning Commission. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-2-1999 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4-.2' -1999 A RESOLUTION APPROVING REPLAT OF CITY OF VANRBUREN, ARKANSASrrAGE HEIGHTS, PHASE IV, LOTS 112AA and 113A,A, IN THE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 1 k SECTION 1. THAT subject to the assurances provided in the Sub-Division Regulations being executed to Heritageure that all improvements Lots put in,112A and ll3A, is Heights, Phase I V, approved. SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan and the City Clerk is authorized and directed to attest same upon the filing of the assurities mentioned above. PASSED AND APPROVED THIS1 9 H DAY OF APRIL ,19 99 • gi fa OR `; ATTESTED: 4/1i / I CITY CLERK-TREASURER i 44 1 s 1 I On the agenda next was to consider a RESOLUTION APPROVING FINAL PLAT FOR RICKEY ADDITION, PHASE VII , LOTS 262-268, IN THE CITY OF VAN BUREN, ARKANSAS. It was recommended by the Planning Commission. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Spoon moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-3-1999 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. ' 3 -1999 A RESOLUTION APPROVING FINAL PLAT FOR RICKEY ADDITION, PHASE VII, LOTS 262-268, IN THE CITY OF VAN BUREN, ARKANSAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT subject to the assurances provided in the Sub-Division Regulations being executed to assure that all improvements are put in, Rickey Addition, Phase VII, Lots 262-268, is approved. SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan and the City Clerk is authorized and directed to attest same upon the filing of the assurities mentioned above. PASSED AND APPROVED THIS 19TH DAY OF APRIL ,19 99 %Old CC ATTESTED: VJ CI YERK-TREASURER D. On the agenda next was to consider a RESOLUTION APPROVING A CORRECTIVE PLAT, LOTS 59, 60 AND 61 OF NORTHRIDGE, PHASE III, IN THE CITY OF VAN BUREN, ARKANSAS. It was recommended by the Planning Commission. The Clerk read the Resolution in its entirety. Alderman Taylor seconded by Alderman Swaim moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-4-1999 CITY OF VAN BUREN, ARKANSAS , RESOLUTION NO. q L1999 , A RESOLUTION APPROVING A CORRECTIVE PLAT, LOTS 59,60 and 61 , OF NORTHRIDGE, PHASE III, IN THE CITY OF VAN BUREN, ARKANSAS. I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT subject to the assurances provided in the Sub-Division Regulations being executed to assure that all improvements are put in, Lots 59, 60 and 61 of Northridge, Phase III, is approved. SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan and the City Clerk is I authorized and directed to attest same upon the filing of the assurities mentioned above. , PASSED AND APPROVED THIS 19TH DAY OF ,19_99 , 1 A IP 4 q AYOR ATTESTED: , _ /11:if / , CITY CLERK-TREASURER 1 On the agenda next was to consider a RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO TAKE BIDS ON PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Alderman Barker asked what Insurance this included? The Mayor said it was City property. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-5-1999 • CITY OF VAN BUREN, ARKANSAS / RESOLUTION NO. "�J 1999 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO TAKE BIDS ON PROPERTY INSURANCE. The Mayor of Van Buren needs to take bids on Property WHEREAS, Insurance, which expires June 25, 1999: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT the Mayor is authorized and directed to cause to SECTION 1 be drafted a list of needed insurance. SECTION 2_ THAT after said list is prepared and incorporated into a Notice To Bidders, the City Clerk is authorized and directed to advertise for bids for said Insurance. PASSED AND APPROVED THIS 19 TH DAY OF APRIL ,19 99 I 4 $. OR .vP ATTESTED: &-b-t 61A,r,C•%:' CITY CLERK-TREASURER On the agenda next was to consider a RESOLUTION MODIFYING CERTAIN REGULATIONS GOVERNING THE POLICE AND FIRE DEPARTMENTS. The Clerk read the Resolution in its entirety. Alderman Taylor questioned the Ordinance. City Attorney Candice Settle suggested they amend the Ordinance making it read surrender all clothing and equipment issued by and or purchased by the department. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted as amended. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. 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 4-6--1999 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. • 41—Y' --1999 A RESOLUTION MODIFYING CERTAIN REGULATIONS GOVERNING THE POLICE AND FIRE DEPARTMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT SECTION 6 OF RESOLUTION NO. 3-3-1991 IS MODIFIED AS FOLLOWS: SECTION 6: That employees of the police department, upon being hired, shall be furnished by the City the following equipment: Clothing, consisting of five sets of uniforms; cold weather coat; rain gear; badge;collar brass,tie and tie tack;clip board;ticket book holder;gun holster and belt;briefcase;handcuffs and holder; service ammunition; body armor; departmental service weapon. The Van Buren Police Uniform is a trademark of the Van Buren Police Department, and if a police officer leaves the police department for any reason,upon leaving,that officer shall surrender all clothing and equipment issued by the department. PASSED ANI)APPROVED THIS 19th of April, 1999. MAYOR om, ATTESTED: CITY CLERK/TREASURER I Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by Alderman Spoon to appropriate the sum of $925,257.03 to pay expenses and salaries for March 1999 presented by the City Clerk-Treasurer. The motion on roll call was unanimously carried by the City Council . _3•r- •'455x362.76+ City Of Van Buren 1- - fl1.96S•36+ or the period March 1 , 1999 to March 31 , 1999 ,tmSF.-3 300• 1+ Treasurer's Report ptR—31, 58. 7+ �:6e.— 59586.83+ Year To Date Current Month Year To Date „p.S1-45,000.00+ Last Month Amount This Month K•041.-2.402.80+ 007 925,257.03+ GENERAL FUND eceipts Beginning Balance $545,477.30 $.00 $545,477.30 Retained Clearing Acct . - Ge ($2,352.82) $.00 ($2,352.82) State General Turnback $145,882.50 $24,166.30 $170,048.80 Sales Tax Proceeds $378,113.67 $169,830.05 $547,943.72 Franchise Tax $115,758.02 $58,228.13 $173,986.15 Privilege Licenses $68,630.00 $5,022.50 $73,652.50 Court Fines $56,333.27 $42,556.04 $98,889.31 Inspection Fees $10,077.68 $10,296.40 $20,374.08 Pet Licenses $71 .00 $968.00 $1 ,039.00 Rezoning Fees $10.00 $.00 $10.00 Civil Small Claims $542.59 $248.17 $790.76 Act 833 Receipts $9,762.98 $.00 $9,762.98 Misc. General Fund ($90,532.76) $4,715.86 ($85,816.90) Interest $1 ,902.58 $942.22 $2,844.80 Administrative Justice Fund $86,457.70 $57,607.42 $144,065.12 Reimb. Co. Share Mun. Ct. $3,741 .32 $.00 $3,741 .32 Police Grants $44,462.18 $4,979.68 $49,441 .86 Miscellaneous Revenue-P.D. $1 ,994.72 $8,095.85 $10,090.57 Insurance Reimbursement-P.D. $673.88 $.00 $673.88 Miscellaneous Revenue-F.D. $.00 $2.00 $2.00 Total Receipts $1 ,377,005.81 $387,658.62 $1 ,764,664.43 )isbursements Salaries - Admin. $52,427.71 $25,478.02 $77,905.73 Other - Admin. $57,871 .38 $42,512.06 $100,383.44 Total Administration $110,299.09 $67,990.08 $178,289.17 Salaries - Police $200,173.19 $105,240.29 $305,413.48 Other - Police $131 ,067.05 $68,374.95 $199,442.00 FIXED ASSETS - POLICE $.00 $861 .29 $861 .29 Total Police $331 ,240.24 $174,476.53 $505,716.77 Salaries - Firemen $147,680.31 $75,351 .51 $223,031 .82 Other - Firemen $63,884.50 $40,609.75 $104,494.25 Fire Safety House $1 ,288.22 $234.84 $1 ,523.06 FIXED ASSETS - FIRE DEPT. $.00 $5,459.76 $5,459.76 Total Firemen $212,853.03 $121 ,655.86 $334,508.89 Salaries - Mun. Court $14,684.62 $7,342.31 $22,026.93 Other - Mun. Court $88,602.40 $58,835.88 $147,438.28 Next Police, Fire, Fire Marshal , Building Inspector's and KOH Auditorium Commission reports were presented for filing. Next was the time for any item from any citizen present. There was none. Next was time for miscellaneous and general discussion. Doyle Johns, J.P. from Crawford County talked to the Council and Citizens about an Ordinance to protect the City of Van Buren from topless nightclubs and topless bars. Mr. Johns said he had obtained an Ordinance from Fort Smith that he would like for the City of Van Buren to look over and think about. Mr. Johns said we need to be prepared before a bar or club wants to move into the City of Van Buren. Mr. Johns said he would like to see the Ordinance passed Countywide to prevent the topless clubs and bars from going in business in and around the City of Van Buren. Mr. Johns said he has an Ordinance in the Proscecuting Attorney's office getting it checked for flaws. When the Prosecuting Attorney gets the Ordinance presentable Mr. John's would like the Council to look it over and then pass a Resolution supporting the County and the City of Van Buren. Next C.E. Dougan, Van Buren Water and Sewer Commission Chairman, spoke to the Council. Mr. Dougan gave a update on the Water and Sewer rate increase. Mr. Dougan said that Fort Smith raised the cost of the wholesale water rate about 80% Mr. Dougan said it took 45% on the Van Buren side to offset the raise in water cost. He also said the rate increase will help with Water and Sewer improvements. There being no further business motion was made by Alderman Taylor seconded Alderman Swaim to adjourn. The meeting adjourned at 8:09 P.M. APPROVED: NIP MAYOR ATTESTED: (611:Iniett„.14) 6-4-,11") CITY CLERK-TREASURER "