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07 July 2000 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD JULY 17, 2000 The City Council of the City of Van Buren Arkansas met at 7:00 p.m., Monday, July 17, 2000, 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 Swaim, Parker, Moore, Taylor, 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 Reverend Randy Rollen, Pastor of Heritage United Methodist Church. Next the Mayor led the Pledge of Allegiance. Next Mayor Riggs asked to adopt the minutes of the Council Meeting on June 19, 2000 and the Special Called Meeting on June 26, 2000 as printed. Alderman Swaim seconded by Alderman Parker made a motion to approve the minutes of the regular Council Meeting and the Special Called Council Meeting as printed. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Taylor, Spoon and Barker. On the agenda next was to consider a RESOLUTION APPROVING FINAL PLAT FOR LAKEWOOD ESTATES, LOTS 8A AND 8B, LOCATED IN THE FIVE MILE JURISDICTION. The Resolution was recommended by the Planning Commission. Al Prieur of Hoffman-Prieur& Associates was representing Greg Keller. 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 Swaim, Parker, Moore, Spoon and Barker. Alderman Taylor voted nay. 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 7-1-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. . 7- 1 -2000 A RESOLUTION APPROVING FINAL PLAT FOR LAKEWOOD ESTATES, LOTS 8A and 813, LOCATED IN THE FIVE MILE JURISDICTION. 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, Lakewood Estates, Lots 8A and 8B,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 17TH DAY OF JULY ,2000. 11(itAr„t1k OR (sj ATTESTED: • CITY CLERK-T SURER On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF N.T.L., INC. FOR DRAINAGE IMPROVEMENTS IN VAN BUREN CITY PARK. The Clerk read the Resolution in its entirety. Alderman Taylor asked where the improvements were to be done. Mayor Riggs explained that they were located in the City Park by the Boys and Girls Club, where the Art Center was to put the painted on brick wall. Alderman Swaim seconded by Alderman Parker 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 Swaim, Parker, Moore, Taylor, Spoon and Barker. 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 7-2-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 7- a--2000 A RESOLUTION ACCEPTING THE BID OF M.T.L., INC. FOR DRAINAGE IMPROVEMENTS IN VAN BUREN CITY PARK. WHEREAS, The Mayor has advertised for bids for drainage improvements in the Van Buren City Park; and WHEREAS, Bids have been received and reviewed as required by law; and WHEREAS, The Council feels that the bid of $ 22,1163.00 from M.T.L., 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 $ 22,963.00 from M.Q.L., INC. is the best bid and is accepted. THAT, The Mayor is authorized and directed to proceed with drainage improvements in the City Park and to pay for same out of the Street Fund. PASSED AND APPROVED THIS 17TH DAY OF JULY , 2000 ThetAir ATTESTED: ClCied4R:IL'K-TZ4/1L-IURER On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS. The Clerk read the Resolution in its entirety. Alderman Swaim asked that the fixed assets would be disposed of by sealed bid. 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 Swaim, Parker, Moore, Taylor, Spoon and Barker. 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 7-3-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 7 - 3 -2000 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS. WHEREA, The City of Van has items which are beyond repair and are no longer needed by the City; and WHEREAS, After an intentory of Fixed Assets, it is recommended by our State Auditors that these items be removed from our Fixed Asset Inventory: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The Mayor is hereby authorized to dispose of the following assets by sealed bid and is authorized to remove same from the Fixed Asset Inventory. SERIAL CONTROL DEPARTMENT AMOUNT DESCRIPTION NUMBER NUMBER Inspector $3,452.00 Cannon 2020 Copier CVJO1314 CI-22 Police Dept. 540.00 Bar Light/Speaker PD-156 Police Dept. 9,191.00 1993 Dodge Pick-Up PS248892 PD-213 Police Dept. 4,990.00 Mugshot Computer System 600155 PD-294 TOTAL $$8173.00 PASSED AND APPROVED THIS 17TH DAY OF JUNE , 2000 "%0 ATTESTED: CITY CLERK-TREASURER Next on the agenda was 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. The Ordinance was recommended by the Planning Commission. The Clerk read the Ordinance for the first time in its entirety. Alderman Taylor moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker, Moore, Taylor, Spoon and Barker. 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 Taylor. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker, Moore, Taylor, Spoon and Barker. 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 Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker, Moore, Taylor, Spoon, and Barker. 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 17-2000 g ! Z QrU=�Z—Z2QSLLa raC�it til; i� 315122.15122. .3i ( 3O }.-36-.; 0 Z Mf- r_. CO S ?a ' T ola2VccaZ}2 5 EE . E Um v v so " pJ QF- aOm Qr, ' 40 m OwwEUW=m NU~ M 270 pitii8-2m .5Led—vwULL1a.tc em. Z Z UUaF- W � WI y4Za C c Z � m L71.0 m � aZDOZF-3 ��� - rE � _ wZZwZzHwa =>�Lmaa= N OH0L O mQQ 1 .. • 1a a c1 >0)Us zzrZt102Z m=- Oo T. 3,‹c)„ .c tAw— j_.O O2} — c / , 72,,t,v- ..-, , _., , 12 'tiLLqa DOa:oOCraa? w¢ m cca wac ;4 = aLe.5-;aEc ~ <z ; ym 21 OzZaOQ� zZOm � , Q �w=m $ EE UwI- x W Oa waT �mW 414W 0 �-w . 41 2QE; }. 0DRLLOUY << cat 0's. cc5o= = m 20 w== W .....2Qd<N aa oa Za.000aam> > ®zUe °3UC > aacax �. 0armI-Imn !rN ! aaoa0U211 On the agenda 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. The Ordinance was recommended by the Planning Commission. The Clerk read the Ordinance for the first time in its entirety. Alderman Taylor 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, Moore, Taylor, Spoon and Barker. Alderman Swaim voted nay. The Mayor declared the motion carried as there were five (5)ayes and (1)nay. Four(4)votes being necessary for passage. The Ordinance was read the second time. Alderman Taylor 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Parker, Moore, Taylor, Spoon and Barker. Alderman Swaim voted nay. The Mayor declared the motion carried as there were five(5) ayes and(1)nay. 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. Alderman Swaim spoke against the spot zoning in that area and said he was strongly against this Ordinance. Attorney Candice Settle said that she wanted to address the Council regarding some of the things they had looked into in the past months. She said Alderman Swaim was concerned about the traffic in that area and she thought this was a fine condition in order to protect the property. She said she believes this would be an undue burden on the property for what they wanted to do with it. She said she thought they would have problems with that if it were to be litigated. She said the expense of widening the street was not in proportion to the use of the property. Attorney Settle said she disagreed with Alderman Swaim on the spot zoning. She said she didn't feel this was spot zoning and that the Municipal League didn't believe this would be considered spot zoning. Attorney Settle said she recommended either the Ordinance be accepted the way it was or denied, based on all the information the Planning Commission and herself had received. Alderman Swaim said he was asking for the Ordinance to be denied. Attorney Settle said she would not give an opinion on whether the Ordinance should pass or not. Alderman Swaim explained why he thought this would be spot zoning and there was R3 and Commercial property in that area. Attorney Settle said she was only giving a legal opinion, but she said that this did not take care of the traffic problem that Alderman Swaim was concerned about. Alderman Taylor said they had stipulated that they couldn't access this property from Alta Vista or from Prospect. Al Prieur with Hoffman-Prieur spoke about the property and said they were not looking at a large development to be put there. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Taylor and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes— Alderman Parker, Moore, Taylor, Spoon and Barker. Alderman Swann voted nay. The Mayor declared the Ordinance passed as there were five (5) ayes and(1)nay. Four (4)votes being necessary for passage. t i THE ORDINANCE WAS GIVEN THE NUMBER 18-2000 coca)' '~ttwc cccrc WWW ttQogNt 1.;"m J W O' 5 Lp g-c i I_ W O> >> 0 . .trj vi o a c'g to E c m -- t aEgceaa oata m a I:- � � x , .2EE _etc— cc gm mEgg/ R a -, 4.7;�'„ .Lu 0. .ail i 7 r N'C = O O c ¢, i = '- e.--* '. 3U 83ciaaz os o 0 a, `1 gwao OWWUz} OU.z vmoo1 m cm >, 9 !- .i— c >•- C �a cc cc z1— Fa—Ucrzo> at= c 3 m'a a c2-a a„ .z D • a. g 0. rri o o > w r 0 mrno UztL wwagWawa m c a o --i Zz Q¢LL wi °Z 1 , -"8 _oa"' ..Ji1!4 o c 3 c . >a.o DaiWua CS, 2..,15-01? ccr y. 1- cti y_: . D Y a lr ,ed k a at a a.c a �r�r II'a• z' OQP oZt� _ E pt 7W L. iccUI 3aca On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE DESIGN OF DRAINAGE IMPROVEMENTS IN THE TANGLEWOOD ADDITION. 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 Swaim, Parker, Moore, Taylor, Spoon and Barker. 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 7-4-2000 CITY OF VAN BUREN,ARKANSAS That part of Interstate 40 right-of-way from Arkansas State Highway 59 extending East to Oliver Springs Road and that portion of Arkansas State Highway 59 right-of-way lying North �7 RESOLUTION NO. /—If -2000 of Interstate 40 right-of-way extending North to Rena Road,containing 52 acres more or less, from AHTD plans#4460 for Interstate 40 and plan#4294 for Arkansas State Highway 59. A RESOLUTION SETTING A PUBLIC HEARING FOR THE ANNEXATION OF CERTAIN LANDS COMPLETELY SURROUNDED BY THE INCORPORATED CITY LIMITS OF THE CITY OF VAN BUREN. Also,Part of the Northeast Quarter of the Northwest Quarter of Section 13,Township 9 North, Range 32 West, Crawford County, Arkansas being more particularly described as follows: WHEREAS, A.C.A.14-40-501—14-40-503 provides that unincorporated islands of land Commencing at an existing p/k nail marking the Northeast Corner of the Northeast that have been completely surrounded by the incorporated limits of a municipality may be annexed by that municipality;and Quarter of the Northwest Quarter. Thence North 86 degrees 19 minutes 35 seconds West,40.00 feet to the West right of way line of Arkansas Highway 59. Thence along said right of way line, WHEREAS, the City of Van Buren desires to annex certain lands with the following South 02 degrees 44 minutes 30 seconds West,492.05 feet to an existing rebar and the Point of legal description: Beginning. Thence continue along said right of way line, South 02 degrees 44 minutes 30 seconds West,348.39 feet to an existing rebar on the North right of way line of Interstate 40. Legal Description Thence along the North right of way line of Interstate 40 the following bearings and distances: North 85 degrees 11 minutes 2 seconds West,52.29 feet. North 89 degrees 44 minutes 4 seconds Lot 1, CMSI Commercial Park to the City of Van Buren,Crawford County,Arkansas. West,147.02 feet to an existing rebar. Thence leaving said right of way line,North 02 degrees 41 minutes 41 seconds East,353.42 feet to an existing rebar. Thence South 87 degrees 22 Also,Lots 1 &2,CMSI Commercial Park No.2 to the City of Van Buren Crawford minutes 28 seconds East,200.35 feet to the Point of Beginning,containing 1.61 acres and subject County,Arkansas. to FAcrments of Record. Also subject to the South 40.00 feet for an existing road easement Also,Part of the NW/4 quarter of the NE/4 Section 13,Township 9 North,Range 32 WHEREAS, the City of Van Buren intends to provide all necessary urban services, West of the Fifth principal meridian,Crawford County,Arkansas,more particularly described as including fire and police protection,to the area. follows: Commencing at the Northwest corner of said NW/4 of the NW/4; thence South 88°49'00"East along the North line of said NW/4 of the NE/4,40.00'to a set one-half inch NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF diameter rebar at the East Right-of-Way of Arkansas State Highway 59 and the Point of VAN BUREN,ARKANSAS: Beginning;thence South 88°49'00"East,300.00'along the North line of said NW/4 of the NE/4 to a found one-inch diameter iron pipe at the Northwest corner of Lot 5 of CMSI Commercial SECTION 1: That a Public Hearing is set for August 21, at 7:00 P.M., for public Park as filed for record May 6,1988 in Plat Book A at page 262-B of the Clerk and Ex-officio comment on said proposed Annexation. recorders records of Crawford County,Arkansas;thence South 300.00 feet along the West line of said CMSI Commercial Park to a found one-inch diameter iron pipe at the Northeast corner of SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to give Lot 2 of CMSI Commercial Park No.2 as filed for record July 21,1998 in Plat Book A at page notice by publication one time at least fifteen(15)days prior to the date of 310-G of the clerk and ex-officio recorders records of Crawford County,Arkansas;thence North the public hearing in some newspaper published in Crawford County 88°49'00"West,300.00'along the North line-of Lot 2 of said CMSI Commercial Park No.2 to advising the property owners affected that on said date and time the set one-half inch diameter rebar at the East Right-of-Way of said Arkansas State Highway 59; Council will discuss said Petition. thence North,300.00 feet along the East Right-of-Way of said Arkansas State Highway 59 to the Point of Beginning. SECTION 3: That the City Clerk of Van Buren,Arkansas is hereby directed to notify all property owners within the area by certified mail of their right to appear at Also,Part of the NW/4 of the NE/4 of Section 13,Township 9 North,Range 32 West, the public hearing. described as Beginning at a point on the East Right-Of-Way line of Arkansas Highway 59,which PASSED AND APPROVED THIS /7 DAY OF JULY,2000. is 600 feet South and 30.5 feet East of the NW Corner of said NW/4 of NE/4;thence East 300 feet;thence 146 feet,thence West 300 feet;thence 146 feet along the East Right-of-Way Line of said Highway 59 to the place of beginning, the same being situated in Crawford County, Q Arkansas. m /r. �� ''•`• MAYOR) GS Also,That part of the Interstate Highway 40 and Arkansas State Highway 59 rights-of- ATTESTED: ways crossing part of the N/2 of Section 13,T-9-N,R-32-W and part of the NW/4 of Section 18, q T-9-N,R-31-W,Crawford County Arkansas more particularly described as follows: � LL/ Oct; CITY CLERK/TREASURER Next on the agenda was the Treasurer's Report. Motion was made by Alderman Taylor and seconded by Alderman Moore to appropriate the sum of$617,033.82 to pay expenses and salaries for June 2000, presented by the City Clerk- Treasurer. The vote on roll call was unanimously carried by the City Council. C Ci.-K. —498,852.24+ City Of Van Buren 54eeI- —89,8-b0.07+ For the period June 1, 2000 to June 30, 2000 a -kS4-Ret,-20,690.29+ Treasurer's Report uhrarq -6,039.40+ —1,591 .82+ 0 Year To Date Current Month Year To Date 005 Last Month Amount This Month 617,033.82s+ ! GENERAL FUND Receipts Beginning Balance $494,958.38 $.00 $494,958.38 Retained Clearing Acct. - Ge ($2,352.82) $.00 ($2,352.82) State General Turnback $122,214.82 $24,444.91 $146,659.73 Property Tax (City -General) $177,468.89 $.00 $177,468.89 Sales Tax Proceeds $994,173.12 $200,802.87 $1,194,975.99 New County Sales Tax Proceed $418,526.30 $32,229.02 $450,755.32 Franchise Tax $291,299.43 $68,160.42 $359,459.85 Privilege Licenses $82,990.00 $900.00 $83,890.00 Court Fines $410,783.33 $85,849.91 $496,633.24 Inspection Fees $51,526.37 $10,815.98 $62,342.35 Pet Licenses $1,207.00 $15.00 Rezoning Fees $1,222.00 Civil Small Claims $125.00 $25.00 $150.00 Hi General Fund $6,192.92 $6,636.35 $12,829.27 Interest $17,871.89 ($12,465.16) $5,406.73 Administrative Justice Fund $1,133.24 $125.68 $1,258.92 Ad nCr. Share Mun. CF. $28,436.10 $3,730.00 $32,166.10 Garage C .Sales $9,292.44 $.00 $9,292.44 Property Clean Up $2,100.00 $1,050.00 $3,150.00 Transfer From Capital Imp. $4,074.87 $4,038.14 $8,113.01 p F $71,590.63 $9,158.00 $80,748.63 P.D. 12.5% Co. Sales Tax Rev $38,740.72 $36,385.18 $75,125.90 Insurance Reimbursement-P.D. $945:00 $2,680.16 $3,625.16 Juvenile Transport $4,193.65 $996.00 $5,189.65 F.D. 12.5% Co.. Sales Tax Reven $38,740.72 $36,385.18 $75,125.90 Donation/Fire Safety House $23,710.10 $.00 $23,710.10 County Share/Mun. Ct. Expens $3,429.20 $.00 $3,429.20 Total Receipts $3,293,371.30 $511,962.64 $3,805,333.94 Disbursements Salaries - Admin. $129,047.20 $26,428.58 $155,475.78 Other - Admin. $224,437.15 $23,190.23 $247,627.38 New County Sales Tax Transfer $347,941.26 $78,749.54 $426,690.80 Vision 2010 Expenditures $1,248.00 $883.25 $2,131.25 Fixed Assets General $6,182.14 $.00 $6,182.14 Total Administration $708,855.75 $129,251.60 $838,107.35 Salaries - Police $544,573.76 $114,495.91 $659,069.67 Other - Police $355,098.34 $45,372.78 $400,471.12 Juvenile Transport $23,314.84 $816.41 $24,131.25 FIXED ASSETS - POLICE $86,027.04 $.00 $86,027.04 Total Police $1,009,013.98 $160,685.10 $1,169,699.08 Next Police Fire Fire Marshal Building Inspector's KOH Auditorium Commission reports were presented for Next was any item from any citizen present. Alderman Donna Parker. a member of the Christmas Committee spoke about the proposed Chrintnuse lightn fur Broadway and Main. She said thin wan a private futidrainer and hupofnlly they would have enough donations that they could pay for the lights. She said the Old decorations were purchased in 1974 and they were not usable anymore. She said they would appreciate any donations. Next was Miscellaneous and General Discussion. Alderman Barker said they have got to do better with the drainage in Industrial Park. He said in June the area flooded again. Alderman Barker said they need to look seriously at the problem in the fall. Mayor Riggs said they had talked about the problem and he said the only thing they could do was to talk to the Corp. of Engineers and see if they can get Hollis Lake fixed to drain into the River. Alderman Swaim said the elevation in that area was the problem and the only way to relieve the water was by having a pump set up all the time to keep the water pumped out of the lake into the river. He said this would be very costly. Mayor Riggs said they could contact the Soil and Water Conservation Authorities to see what could be done. The Mayor said they were locked into what was able to done at this time. There being no further business motion was made by Alderman Swaim seconded by Alderman Spoon to adjourn. The City Council members followed with a unanimous vote. The meeting adjourned at 7:50 p.m. APPROVED: ATTESTED: MAYOR CITY CLERK