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05 May 2000 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD MAY 15, 2000 The City Council of the City of Van Buren Arkansas met at 7:00 p.m., Monday, May 15, 2000, at City Hal 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, Spoon, Swaim, Taylor, Moore and Barker. Deputy City Clerk Connie Hyatt 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 Reverend Ross Devers, Pastor of Karis Restoration. Next the Mayor led the Pledge of Allegiance. Next Mayor Riggs asked to adopt the minutes of the Council Meeting on April 17, 2000 and the Special Called Council Meeting on April 24, 2000 as printed. Alderman Taylor said he would like the minutes to show that on Resolution 4-12-2000, he did not cast a vote pro or con. Mayor Riggs said in order to change the minutes they would have to have Council approval. Alderman Taylor then said he would like to make a motion to show he did not vote. Council members did not second the motion. Mayor Riggs then said they would go back to the original motion to approve the minutes as printed. Alderman Swaim seconded by Alderman Parker made a motion to approve the minutes of the regular Council Meeting and the Special Council Meeting as printed. On roll call the following Council members voted aye: Alderman Parker, Barker, Swaim, Moore and Spoon. Alderman Taylor voted nay. Next on the agenda was a RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY IN BLOCK G OF MOUNTAIN VIEW ADDITION IN THE CITY OF VAN BUREN, ARKANSAS. 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, Swaim, Moore, Taylor, Barker and Spoon. 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 GIVER THE NUMBER 5-1-2000 ZW 821c'' i o Gam. rye oto ar aa z � � o � o .'J Z i'g o K 'b 2 y 330 ,„ A ' o c= `3 0 .v ,4 y ' 0 FA o — `. N ° .t• O n d °) zN � W o`goU•C o G W c � 4 q 2y; a. 1 N Q 3 ti 5. N V §1 § .k w. •J ; ›. F. o N WZ� 1 -?, .3) (A - , ',g co N o g .g di i- fJr gd z' Uvr°' 8oi o e8 A : oF 31= >O - z U a '3 a `� w° „ n y `a ow •^ oz ao 2 .o o ,�go °� °moi . „a ai .2 2),2 g 8 8 0 A u e b© yrs. 3 HH 4, a 0.. O « w `a Ce 8 C1 v ° o o 4 FWOA 9wcA � f ° 3U 2n ti §) .d 1. z] " U .� -, F . a, it r.-.. FO Lab c d Uv . � Z .� c ` 2 ' a5 . A wp0 I1I N •dam 4 c_. H U b as `co, 0 ., E h :v a W 2wm ¢ g g � Hv g - -,90 ;_.1� z F Ib � .[ g °a ao Q n'. a A Qi d Q ~ N A .- Ci g d g Ho 0 o W �4 adoo 34 1 z � t t �" • a d U On he agenda next was to consider a RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDOMENT OF PORTIONS OF GLENWOOD DRIVE IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Alderman Taylor 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, Spoon, Barker, Moore, Swaim and Taylor. 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 5-2-2000 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. f-,Z -2000 A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDOMENT OF PORTIONS OF GLENWOOD DRIVE IN THE CITY OF VAN BUREN,ARKANSAS WHEREAS, E.O.and Eula Armstrong and Ronnie D.and Mary J. Blount have petitioned the City Council of Van Buren, to vacate and abandon that portion of Glenwood Drive lying between Lot 56, Vista Hills No. 2 Addition and Lot 57, Vista Hills No.2 Addition of the City of Van Buren,Arkansas. WHEREAS, The Petitioners own all the property adjoining those portions of the streets above described;and, WHEREAS, The City Council of Van Buren,Arkansas,acting under the authority of Arkansas Code Annotated, Section 14-301-301, has the authority to abandon streets and alleys. 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 June 19, 2000,at 7:00 P.M.,at which time said Petition shall be presented to the City Council and the Council will determine at that time whether such property should be abandoned as a street and that all abutting property owners and other persons directly interested have consented to such abandonment. SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to give notice by publication once a week for two weeks in some newspaper published in Crawford County advising the property owners affected that on said date and time the Council will hear said Petition. PASSED AND APPROVED THIS 5 DAY OF MAY,2000. MAYOR f\11 GGS ATTESTED: { CLZ CITY CLERK\TREASURER On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF TOWNSHIP BUILDERS, INC. FOR STREET IMPROVEMENTS ON RUDY RAOD,PHASE II. 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, Spoon, Barker, Moore, Swaim and Taylor. 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 5-3-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 5-3 —2000 A RESOLUTION ACCEPTING THE BID OF TOWNSHIP BUILDERS, INC. FOR STREET IMPROVEMENTS ON RUDY ROAD, PHASE II. WHEREAS, The Mayor has advertised for bids for improvements on Rudy Road, Phase II; and WHEREAS, Bids have been received and reviewed as required by law; and WHEREAS, The Council feels that the bid of $ 223.100.00 from TOWNSHIP BUILDERS, INC. is the best bid: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The bid of $223.100.00 from TOWNSHIP BUILDERS, INC. is the best bid and is accepted. THAT The Mayor is authorized and directed to proceed with street improvements and to pay for same out of Street Fund. PASSED AND APPROVED THIS 15TH DAY OF MAY , 2000 NAY% (117d ATTESTED: CUA CITY CLERK-TREASURER On the agenda next was to consider a RESOLUTION ACCEPTING THE BID AG TURF, LLC ON A NEW FARM TRACTOR FOR USE IN THE STREET DEPARTMENT. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Taylor asked if this was just a tractor. Mayor Riggs said they already have a brush hog and side cycle. 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, Spoon, Barker, Moore, Swaim and Taylor. 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 5-4-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 5-q —2000 A RESOLUTION ACCEPTING THE BID OF AG TURF, LLC ON A NEW FARM TRACTOR FOR USE IN THE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids on a new farm tractor for use in the Street Department; and WHEREAS, Bids have been received and reviewed as required by law; and WHEREAS, The Council feels that the bid of AG TURF_ T.T.0 of $22.939.03 is the best bid: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The bid of $ 22.939.03 of AG TURF. LLC is the best bid-and is accepted. THAT, The Mayor is authorized and directed to purchase the same out of the Street Fund. PASSED AND APPROVED THIS 15TH DAY OF MAY ,20 00 11\0`W-N4C2._ 141(3s1 ATTESTED: 54el.L17) CITY CLERK—TREASURER On the agenda next was to consider a RESOLUTION REGARDING E-COMMERCE EQUITY. Alderman Swaim made a motion to table the item until after the Municipal League Convention in June. He said then we can see what the position and votes are of other Councils and other Cities. Alderman Swaim said that would give this Council an opportunity to follow suite or make another choice. Mayor Riggs said this all came from Municipal League. Alderman Barker said he had started an E-Commerce business and brought$50,000 worth of business into the Van Buren area. He said E-Commerce has a more competitive edge because it is a better way of doing business. He said we need to be more concerned about our jobs in the next fifty years and if we are going to have any jobs then. He said we are not just competing against the mom and pop stores here in town, but we are competing globally. Alderman Barker said we should give all this consideration. Mayor Riggs said they have a motion on the floor. Alderman Barker seconded the motion to table the Resolution. On roll call the following voted aye; Alderman Parker, Barker Spoon, Moore, Swaim and Taylor. And the following voted nay; none. Next on the agenda was to consider an ORDIANCE TO AMEND ORDINANCE NO. 7- 1963 FOR THE PURPOSE 01? REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. Ordinance to rezone property at 700 Highland Avenue. Alderman Swaim asked to address the Council. The Mayor gave him permission to go ahead. Alderman Swaim said his first statement would be that the rezoning of this property reads 700 Highland in this area it is Rl. The only area this rezoning pertains to is where it access' a gentlemen's mailbox, a 25 foot strip. He said that this in itself is misleading. The property they are wanting to rezone is the 700 block on the west side of Alta Vista. Alderman Swaim said that between the 600 and 700 block is a one lane Street. He said the only other access to this property other than that street was up Prospect and it is almost straight up hill at the four(4) way stop sign. He said this property lies at the intersection of the street. The property is being requested to be rezoned to R3, which would allow a high density type of complex to be built. Alderman Swaim also said if that happens, with the additional traffic going up the hill, Alta Vista will not handle heavy one lane traffic for a two block area unless someone pulls into a driveway or under a carport to let the other car go by. In inclement weather the very first thing that will happen is the curve at Sherwood and Buena Vista '} will be blocked and people will collide. He said the second thing is that you cannot climb Prospect from the four(4) way stop sign and go straight up, also you can't get a run at it because it is a four(4)way stop. The only access to the top of the hill is to make a left turn on Buena Vista and go to Elm Street or go all the way up Alta Vista and pull Alta Vista since it has a south slope. Alderman Swaim said if they block this street with high density housing and that much traffic, it would be a bad thing to do. Alderman Swaim said he was making a motion to the Council that this item be returned to the Planning Commission for further review and consideration, because he said the Planning Commission did not consider that Alta Vista was a one lane Street. Alderman Swaim said perhaps an option would be choosing to go to a R- 2 zoning with duplexes, but it they choose to go to R-3 zoning he said in his thinking that would require the widening of Alta Vista to handle two (2) lane traffic and the street being accepted by the City before a building permit is allowed. The Mayor asked if there was any discussion. Alderman Taylor seconded the motion to return the Resolution to the Planning Commission. Mayor Riggs said that one optional access would be to come off Prospect, but we would still have the volume. Alderman Swaim said his parents had lived at 403 Alta Vista since 1948 and he has lived at 32 Royale Drive for 22 years since 1978. He said he had pulled Log Town Hill several times since 1948 in inclement weather and knew the problems that were there. Alderman Swaim said he knew this from experience. Al Prieur said there was two (2) people looking at the property. He said Duplexes or apartments an option. He said that it becomes a catch 22 situation, he said no one wants to spend the money for the planning until they know if it can be zoned. Alderman Swaim said the 600 block of Alta Vista on the west side is zoned R2 and the 700 block that it joins would be consistent with R2. He said to change it to R3 would be inconsistent because then you would jump Prospect and part of the 800 block is R1,R2, and R3. Alderman Swaim said there the 600 and 700 block of Alta Vista was all RI. There was ten (10)houses located in a two block strip between 600 and 700 block. Al Prieur said down Alta Vista and toward Sherwood there is a section that is zoned R3. He said in that area, there is inconsistent zoning. Then Mayor Riggs said we have a motion and a second. The Council followed with a unanimous vote. On the agenda next was to consider a RESOLUTION SUPPORTING PARTICIPATION LN TIM�'r,AL STREET ARKANSAS PROGRAM. The Clerk read the Resolution in its entirety. Mayor Riggs said they have some representatives present. The Mayor asked if they wanted to say anything. John Lane architect from Fort Smith, Arkansas said he had worked in Historic Preservation and recently had taught a course at West Ark about preservation. He said the area the committee is looking at comprises about 35 blocks and goes from Main Street over to Broadway, from the riverfront to Main Street. He said several things they like to mention is why the Down Town area is important and when a City's Down Town begins to age, we don't just want to board it up and tear it down. He said the City is a vital and visible expression of your community heritage and history. He also said the cities down town area was an economic asset. He said it brings in more taxes and creates more jobs. He said a Main Street program has to have a strong organization to support the guide. Mr. Lane explained how this project took several different groups to achieve the gold. He said they are trying to encourage people to help with this project. Mayor Riggs said the whole idea is that Main street has an opportunity to build up. Dr. Peer said that he would like to see Van Buren support this Resolution. Alderman Parker 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, Moore, Swaim and Taylor. 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 5-5-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 5-'5--2000 A RESOLUTION SUPPORTING PARTICIPATION IN THE MAIN STREET ARKANSAS PROGRAM. WHEREAS, the Main Street Arkansas program has been established to assist cities and towns in developing a public-private effort to revitalize urban neighborhood and traditional central business district commercial areas; and WHEREAS, the Main Street Arkansas program will accept cities or towns to participate in its ongoing program and receive intensive technical assistance from Main Street Arkansas for a minimum of three years; and WHEREAS, the City of Van Buren, Arkansas, desires to participate in the Main Street Arkansas program: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the City of Van Buren fully endorses the submission of this application and agrees to participate in the development and financial support of the local Main Street program. SECTION 2: THAT the City of Van Buren recognizes that a commitment to commercial district revitalization is an ongoing process requiring ongoing attention, community support and involvement, and a full public-private partnership. SECTION 3: THAT the City of Van Buren endorses the goal of economic revitalization of the designated Main Street district within the context of the preservation and rehabilitation of its historic commercial buildings, recognizing that the Main Street program is one of many economic and community development tools utilized by a locale and that it is location specific. PASSED AND APPROVED THIS 15TH DAY OF MAY , 2000 N' 11 �� - ATTESTED: CITY CLERK-TREASURER Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by Alderman Moore to appropriate the sum of$587,437.49 to pay expenses and salaries for April 2000, presented by the City Clerk- Treasurer. The vote on roll call was unanimously carried by the City Council. Ui-- —498,586•52+ City Of Van Buren beL -75,884.95+ For the period April i, 2000 to April 30, 2000 {kJs.2e,-5,086.81+ Treasurer's Report UtInry-6,304.17+ p ,t,565.01+ Year To Date On Current Month Year To Date 587,437.49s+ Last Month Amount This Month GENERAL FUND Receipts Beginning Balance $494,958.38 Retained Clearing Acct. - Ge $•00 $494,958.38 State General Turnback (73,333.86) $.00 ($2,352.82) Property Tax (City General) $73,333.16 $24,450.97 $97,784.13 Sales Tax Proceeds $170,027.26 $7,441.63 $177,468.89 $586,027.67 $212,674.59 $798,702.26 County Sales Tax Proceed $261,042.58 $75,737.77 $336,780.35 Tax $181,066.07 $45,665.41 $226,731.48 Licenses $80,757.50 $1,207.50 $81,965.00 Fines $209,361.05 $104,104.13 $313,465.18Iorecine Fees $26,783.70 $.00 $26,783.70 Licenses CRezoning Fees $1,049.00 $105.00 $1,154.00 Civil Small Claims $75.00 $.00 $75.00 Mi CGe Small Cai $842.92 $3,805.00 $4,647.92 Interest $11,742.24 $6,073.14 $17,815.38 Administrative Justice Fund $749.12 $135.86 $884.98 Ad ni Cr. Share Mun. Ct.F $28,002.32 $307.43 $28,309.75 Garage Sales $.00 $9,292.44 $9,292.44 Imp. F $580.00 $645.00 $1,225.00 Transfer From Capital $58,123.66 $37,434.32 $95,557.98 Insurance Reimbursement-P.D. $.00 Juvenile Transport $625.00 ,023.65 2, Miscellaneous Revenue-F.D. 493.43 $905.20 25,116.39 1 Donation/Fire Safety House $13,947.12 $12,62$.96 $23,947.32 $ County Share/Mun. Ct. Ex ens 3,429.2 $.00 $13,947.12 P $3,429.20 $.00 $3,429.20 Total Receipts $2,214,147.01 $543,233.35 $2,757,380.36 Disbursements Salaries - Admin. $77,207.37 Other - Admin. $25,935.29 $103,142.66 New County Sales Tax Transfer $98,409.76 $36,842.97 $135,252.73 Fixed Assets General $266,195.31 $.00 $266,195.31 $5,912.15 $.00 $5,912.15 Total Administration $447,724.59 $62,778.26 $510,502.85 Salaries - Police $331,158.69 $106,226.59 Other - Police $215,267.22 $437,385.28 Juvenile Transport $73,920.73 $289,187.95 FIXED ASSETS - POLICE $81,539.003, 9.62 $7,929.743405 $85,029.54 $3,490.54 $85,029.54 Total Police $641,007.53 $191,567.60 $832,575.13 Salaries - Firemen $245,301.49 Other - Firemen 581,241.10 $326,542.59 Ohe S- Fir mense $79,789.50 $22,740.96 $102,530.46 $8,604.59 $.00 $8,604.59 • Next Police. Fire. Fire MarshaL Building Inspector's. KOH Auditorium Commission, Bogs/Girls Club reports and Municipal Court reports worn prostrated for filing. Next was any item from any citizen present. President of the Down Town Merchants Association Nita Gibson said it was time to look forward to the fireworks celebration. Mayor Riggs said that Mayor Ray Baker had asked about the City of Fort Smith participating with the City of Van Buren since their park was closed. Nita said she would contact Mayor Baker. Nita said they are planning the Fourth of July Celebration on July 1, 2000. She said there would be no admission charge and they will have a band, games for the kids and a fireworks display. Nita said they need permission to use the park. Motion was made by Alderman Swaim and seconded by Alderman Parker. The Council followed with a unanimous vote. Nita said as president of OTMA she would like to say something about the Old Timers Day Festival. She said that she appreciated the City of Van Buren, Fire Department, Police Department and Street Department, and didn't want to leave anyone out. She said the City 's support for Old Timers Day was beyond the call of duty. She said it was a record crowd and a record everything, it was an awesome weekend. She said she just wanted to said a great big Thank You, to all the City of Van Buren. Mayor Riggs said he appreciated the foresight on the perfect weekend. Alderman Parker told Nita, she would like to congratulate the OTMA for such a well planned festival. Clyde Parker chief executive officer and chairman of the board LOIS Law. Com, a public company in Van Buren, Arkansas that employees about 560 employees. Mr. Parker talked to the Council about the proposed E-Commerce tax in the City. He said they have a payroll of in excess of about $14,000,000.00. He said their business generates tens of millions of dollars in revenue. He said every one of their sales were directed through E-Commerce sales over the internet. He said they serve 300 to 400 noon meals a day and that brings in$560 to $600,000.00 a year which goes into revenue. Mr. Parker said he could tell the Council very quickly and very sadly that if in the event there is taxation here in the city the Company will leave the area. He said if the City wanted to move this area into the next millennium they would have to deal with the internet. Mr. Parker explained that the future is the internet. He said they chose their company home in this City. He said there are several Cities that they can move their Company to and they will be happy to have them. He said economic decisions are economic decisions. He thanked the Council for listening. Teresa Reed spoke to the Council, on behalf of the Ordinance for 4-H groups to be allowed to keep their sheep. She asked if there was way they could speed things up so the Children would be able to enter their animals in the fair for this year. Teresa said they would have to have their animal by June 1, 2000. She said she would like to clear up one item concerning the number the sheep can multiply. She said they only have two (2)per year. She said they are running out of time. City Attorney Candice Settle said they would need to have one of the Council members to sponsor an Ordinance. Alderman Jim Barker said he would sponsor an Ordinance. The Mayor said they would not have time before June 1, 2000. Teresa said they have Crawford County Fair weigh in on June 19, 2000. Teresa said she thanked the Council for their time. Next was Miscellaneous and General Discussion. There was none. There being no further business motion was made by Alderman Spoon seconded by Alderman Taylor to adjourn. The City Council members followed with a unanimous vote. The meeting adjourned at 8:00 p.m. APPROVED: ATTESTED: MAYOR CITY CLERK