05 May 2001 Special 5-14-2001 I
SPECIAL CITY COUNCIL MEETING t;
HELD MAY 14, 2001
A special called meeting of the City Council of the City of Van Buren, Arkansas met at 6:32 p.m., on Monday,
May 14, 2001 at City Hall. The meeting was called to order by Mayor John Riggs, presiding officer. Council
members present were Alderman Swaim, Parker, Moore, Taylor, Pitchford 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 Mayor ordered spread upon the minutes, the"NOTICE OF SPECIAL MEETING, CERTIFICATE OF
SERVICE OF NOTICE AND THE WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL
MEETING."
NOTICE OF SPECIAL MEETING
NOTICE OF SPECIAL MEETING TO THE CITY COUNCILMEN
OF THE CITY OF VAN BUREN, ARKANSAS
Notice is hereby given that a Special Meeting of the City Council of the City of Van
Buren, Arkansas, will be held at the Municipal Complex at 6:30 P.M. on Monday, May 14,
2001, for the following purpose:
1. A vote on the same ordinance presented at Tuesday's
Special Meeting correcting a technical error on the
vote. '
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JOHN RIgajKAY
CERTIFICATE OF SERVICE OF NOTICE
I, Barbie Curtis, the duly appointed, qualified and acting City Clerk-Treasurer, of the
City of Van Buren, DO HEREBY CERTIFY that on the 14th day of May, 2001, I served a true
copy of the foregoing Notice of Special Meeting to each and every Councilman of the City
of Van Buren, Arkansas, by handing a copy to each, in the manner provided by in the By-
Laws.
BARBIE CURTIS, CITY CLERK-TREASURER
WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING
We. the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept
service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such
Service and in such Notice and Consent agree that the said City Councilmen of the City
of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for
purpose stated therein.
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On the agenda was to consider an ORDINANCE ALLOWING AN EXCEPTION TO THE
MORATORIUM ON THE PLACEMENT OF SIGNS IN THE CITY OF VAN BUREN. The City Clerk
read the Ordinance the first time in its entirety. Alderman Moore moved that the rules be suspended and the
Ordinance placed on its second reading. The motion was seconded by Alderman Pitchford. On the Clerk's calling
the roll, the following vote resulted: Ayes—Alderman Parker, Moore, Pitchford and Barker. Nays—Alderman
Swaim and Alderman Taylor. The Mayor declared the motion carried as there were four(4) ayes and 2 nays.
Four(4)votes being necessary for passage. The Ordinance was read the second time.
Alderman Moore 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 Pitchford. On the Clerk's calling the roll, the following
vote resulted: Ayes—Alderman Parker, Moore, Pitchford and Barker. Nays—Alderman Swaim and Alderman
Taylor. The Mayor declared the motion carried as there were four(4)ayes and two(2)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.
Alderman Barker asked what the legal position was on the Ordinance. Attorney Candice Settle said she and
Mayor Riggs had talked with the Municipal League and Attorney Phillip Bagby. Attorney Settle said she felt at
this time as far as the Ordinance being invalid or actually causing a law-suite, there shouldn't be much of an issue.
She said basically it weakens their position with regards to other signs that people have complaints about, wanting
not to be under the effects of the moratorium. She said basically there would be no reason for a law suite.
Alderman Barker asked Mayor Riggs his opinion on the Ordinance. Mayor Riggs said he thought if they had put
their-self in a legal position and they depend on the city for decisions, he said he thought the moratorium would let
those people out. The Mayor said he thought every time we look at something, somebody is thinking of filing a
law suite. He said that threats are always made. The Mayor said these people were approved by the city or by the
state before the moratorium went into effect. The Mayor said if he had this to do over again, he would have went
about it in a different way, maybe by putting an ordinance together for a period of time and people would have to
abide by the ordinance until all the regulations were set. Attorney Settle said in terms of the signs that they are
looking at had their permits before the moratorium took effect. She said all the people had a permit in writing
stating they had the go-ahead to put up the signs. Both Mayor Riggs and the City Attorney said this moratorium
had been a nightmare for everyone involved. Alderman Moore asked if a week was that critical to the ones that
had signs already approved. Alderman Barker said that if they put up the signs after the moratorium it would be
illegal after the fact. He said unless it was a true emergency it would be illegal for those people with permits
already. Alderman Swaim said that the horse was out of the barn now and that he said he was absent at the last
Special Called Meeting. Alderman Swaim told City Attorney Candice Settle that the City of Fort Smith had just
passed a moratorium and that we are not in this by our-self Alderman Swaim said he would have supported the
moratorium sticking and going to court to find out if the City Council has any authority or not. He said we have
been threatened before and went to court and lost. Alderman Swaim said that he would like to know where they
stand and make sure all issues are clear. Alderman Barker said what this would challenge and what it would prove
if we take it to court would be weather we are breaking the law by doing these emergency clauses put on
Ordinances. The City Attorney said that as long as we know pretty much the reason stated for the emergency
f clause they would be upheld. Alderman Swaim explained to Alderman Barker about the emergency clause that
the Ordinance would begin immediately because it needed to be done as soon as possible. Alderman Moore
moved that the Ordinance be adopted. The motion was seconded by Alderman Pitchford.
The Mayor then put the question, "Shall the Ordinance pass?" On the Clerk's calling of the roll, the following
vote resulted: Ayes—Alderman Moore, Pitchford and Barker. Nays—Alderman Swaim, Parker and Taylor.
Mayor Riggs broke the tie by voting aye. The Mayor declared the Ordinance passed as there were four(4)ayes
and three (3)nays.
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THE ORDINANCE WAS GIVEN THE NUMBER 10-2001
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The City Attorney asked the Council Members to study the rules that are in the Sign Ordinance and have their
thoughts ready if they are unhappy or happy. She said that there was a lot of work put into this Ordinance and
several people had given their time and effort. She asked that they all have ideas in mind. Alderman Barker said
he had written an ordinance because he was asked what it would take to pass the Ordinance. Alderman Barker said
he would present his along with the Ordinance we now have set up. He said the one we are looking at was too
strict for the businesses and we need the signs to compete with other cities for business.
There being no further business, motion was made by Alderman Swaim and seconded by Alderman Parker to
adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 6:50 p.m.
APPROVED:
)71.(trir—ii.e.... i??5;2_, I
ATTESTED:
MAYOR I
t'keiakEIA-C eel-lt&-:
201 ` 201 ` "`s
CITY CLERK-TREASURER r
There was an error In the ieg t- !
tion of the Wednesday, May le, ;001
issue of the Press Argus-Courier-
Ordinance 10-2001 for,the.City of Van
Buren which shows Connie Hyatt as
Deputy City Clerk and then as City
Clerk-Treasurer.
It should have shown that Connie
Hyatt Is Deputy City Clerk end Barbie
Curtis is City Clerk-Treasurer.
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