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08 August 2001 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD AUGUST 20, 2001 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, August 20, 2001, 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, Pitchford and Barker. City Clerk Barbie Curtis was also present. This made a total of eight(8) present. A quorum was declared. The Invocation was given by Reverend Joe Bagwell Pastor of Eastern Heights Baptist Church. Next the Mayor led the Pledge of Allegiance. Next the Mayor said he would like to recognize the Lynn Rotert family. He presented a plaque in appreciation for the service Lynn Rotert had done for the City of Van Buren and for the work with the Library in the last thirteen(13)years. Next Alderman Parker, Amy Hay director of the Van Buren Public Library and Kathy Hubbs member of the Van Buren Public Library Board recognized Lynn Rotert as a volunteer to the Library for thirteen(13)years. Alderman Parker told Lynn that they were very appreciative of all her dedication and work with the Library and they wanted to give her a gift. Lynn Rotert said it seemed strange to receive something for doing a job that was so much fun. Next Chief Teasie Harris and Mayor Riggs presented David Ray with a plaque for service done for the City of Van Buren Fire Department for twenty(23)years. David Ray said he had enjoyed working for the City of Van Buren and he thanked the City for the plaque. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on July 16, 2001 as printed. Alderman Swaim seconded by Alderman Taylor made a motion to approve the minutes of the regular Council Meeting on July 16, 2001 as printed. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. The following voted nay: none On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF TERRY WELLS ON ITEMS OFFERED FOR SALE BY THE CITY OF VAN BUREN, ARKANSAS. 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, Pitchford 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 8-1-2001 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 6 ' I 2001 A RESOLUTION ACCEPTING THE BID OF TERRY WELLS ON ITEMS OFFERED FOR SALE BY THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, The Mayor has advertised for sealed bids on items which are in need of repair and no longer needed by the City of Van Buren, Arkansas; and WHEREAS, The bids have been opened and recorded as required by law; and WHEREAS, The Council feels that the bid of TERRY WELLS in the amount of $ 1,200.00 is the best bid. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The bid of $ 1,200.00 from TERRY WELLS is the best bid and is accepted. PASSED AND APPROVED THIS 20TH DAY OF AUGUST , 2001 \\Nni._‘ • VYOR 6— ATTESTED: CIT/ LE$K-TREASURER On the agenda next was to consider a RESOLUTION APPROVING LOTS 30A AND 30B, SHADOW MOUNTAIN VILLAGE, PHASE III, WITHIN THE FIVE MILE JURISDICTION OF THE CITY OF VAN BUREN, ARKANSAS. 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 Ri on the adoption of the motion and the roil being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford 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 8-2-2001 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. g-a. -2001 A RESOLUTION APPROVING LOTS 30A AND 30B, SHADOW MOUNTAIN VILLAGE, PHASE III, WITHIN THE FIVE MILE JURISDICTION OF 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, Lots 30A and 30B, Shadow Mountain Village, Phase III, 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 THISf)14"-DAY OF AUGUST,2001. MAYOOHPQ RIGGS? ATTESTED: etiAL CITY CLERK/TREASURER On the agenda next was to consider a RESOLUTION APPROVING LOTS 6A AND 7A, REPLAT OF LOTS 6 AND 7, AZURE HILLS ESTATES, WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. 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 Swaim, Parker, Moore, Taylor, Pitchford and Darker. And the Mllowing voted nay;none. 3 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 8-3-2001 's i S CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. "� -2001 , A RESOLUTION APPROVING LOTS 6A AND 7A, REPLAT OF LOTS 6 AND 7, AZURE HILLS ESTATES,WITHIN 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, Lots 6A and 7A, Replat of Lots 6 and 7, Azure Hills Estates, 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 gOAY OF AUGUST,2001. „\ r MAYOOHY�Y RIGGS i ATTESTED: LY1/41.4..e_‘ eillEt:-..--. CITY CLERK/TREASURER i I 1 On the agenda next was to consider a RESOLUTION AUTHORIZING THE PURCHASE OF ONE(1)POLICE CAR UNDER THE STATE CONTRACT. The Clerk read the Resolution in its entirety. Alderman Taylor seconded by Alderman Swaim moved to amend the Resolution by correcting the model number and putting the price of the vehicle in the Resolution. The question was put by Mayor Riggs on the adoption or the motion and the roll being called, the 1 I following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford 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 8-4-2001 CITY OF VAN BUREN RESOLUTION NO. 2'`I -2001 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) POLICE CAR UNDER THE STATE CONTRACT. WHEREAS, Under authority of A.C.A. Section 19-11-201, and following, and Resolution 2-2-1993, the City of Van Buren, Arkansas is authorized to purchase certain equipment including cars, under state procurement contracts and that such purchases are exempted from the requirements of competitive bidding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS: SECTION 1: The Mayor is authorized to enter into a purchasing agreement for one (1) 2002, Chevrolet 9C3 Impala Police Sedan at the price of $19,083.00 under the state procurement subject to Resolution 2-2- 1993. PASSED AND APPROVED THIS cep DAY OF AUGUST,2001. MA\� 'KUO,� RIG D ATTESTED: KUB ' fit, C� CITY CLERK/TREASURER On the agenda next was to consider a RESOLUTION AUTHORIZING SETTLEMENT TO AVOID COSTLY LITIGATION. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be amended to authorize the Mayor to sign this agreement at no cost to the City of Van Buren. The potion 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, Pitchford 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 8-5-2001 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 8-s -2001 A RESOLUTION AUTHORIZING SETTLEMENT TO AVOID COSTLY LITIGATION. WHEREAS, That the City Council placed a moratorium on the construction of signs within the City on March 19,2001,and subsequently enacted an Ordinance regulating the construction and placement of signs within the City;and WHEREAS, Bressler Outdoor Advertising,LLC,is an outdoor advertising company that contracted with Nancy Millsap to construct a billboard sign on Ms. Millsap's property located at Lots 3 and 4 of Riverside Addition to the City of Van Buren;and WHEREAS, That prior to the issuance of the moratorium,the City Building Department issued a letter to the Arkansas Highway and Transportation Department confirming that the construction of the Bressler/Millsap Billboard was permitted under existing City ordinances;and WHEREAS, Both Bressler and Millsap relied upon the assurances of the City Building Department and constructed the said Billboard at some expense;and WHEREAS, That the Arkansas Highway and Transportation Department subsequently denied a permit to construct the Billboard as a result of the sign ordinance enacted by this Council;and WHEREAS, It is in the best interests of the citizens of Van Buren to avoid costly and uncertain litigation; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That the Mayor is hereby authorized to enter into a Settlement Agreement with Bressler Outdoor Advertising, LLC for the placement of the Bressler/Millsap Billboard. SECTION 2: That the City of Van Buren will incur no financial obligation to either Bressler Outdoor Advertising, LLC or Nancy Millsap as a result of entering said Settlement Agreement. PASSED AND APPROVED THIS o26DAY OF AUGUST,2001. MAYOIz uY GG ATTESTED: sgia/Libt `�iC✓Z.LC6ZJ _ CITY CLERK/TREASURER Next on the agenda was to consider an ORDINANCE TO ACCEPT THE LAND USE PLAN FOR THE CITY OF VAN BUREN, ARKANSAS AS A RECOMMENDED BY THE VAN BUREN 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 Taylor. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford 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, Pitchford and Barker. Nays -none. 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 Taylor to adopt the Ordinance. On the Clerk's calling of the roll the following vote resulted: Ayes— Alderman Swaim, Parker, Moore, Taylor and Pitchford. Nays— Alderman Barker. The Mayor declared the motion carried as there were five (5)ayes and one (1)nay. Four(4)votes being necessary for passage. Motion was then made by Alderman Swaim and seconded by Alderman Moore, that the Emergency Clause be adopted which on roll call the following vote resulted: Ayes—Alderman Swaim, Parker and Moore. Nays —Alderman Taylor, Pitchford and Barker. The Mayor broke the tie by voting Aye. The Mayor declared the Emergency Clause passed as there were four(4) ayes and three(3)nays. Four(4)votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 15-2001 wz >.>. > o.5.U0 >,l v 5t:q u o d q� ads ' - 3aa „ wm . . e dWH mc 1 paup 82 „ c UU 204 ' zw . f ° sre8E8:a >d pE-11C «..Cobpp1a ' otE s P ZtuFaOvao a0 iv3� u' o �' 1d n. .5o� ahgaaA aA oG Uw (4 ,4 ,A ocill4o grpg52agg... m7p428 s2',5 � � eo 0 i. m o U „,f2 Wz o- w lo A . o n 2 w r�.oaU , Q� z z.0 E,1 Ha °'o z,•OvcItgam 'oar yvz. • o ..d W dx"'zdtd},az .a vi U gz g l g _'{.J Y®® 4 wU CoC>az QH4>C� . �a� a '`st � ef/j.. � watSV�j'i1 >. � aV 3.1st getraz4g 1 -1. tigri 544 ,- a-ci -.10i c� U Ocv.VQOUQ w r' U a x1 '3 ., $a w • On the agenda next was to consider an ORDINANCE TO AMEND ORDINANCE NO. 16-1999 FOR THE PURPOSE OF SETTING FEES FOR COMMERCIAL COMMUNICATION TOWERS. 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 Swaim, Parker, Moore, Taylor, Pitchford 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 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 Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes-Alderman Swaim, Parker, Moore,Taylor, Pitchford and Barker. Nays-none. 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. Mark Stodola Attorney representing Cingular Wireless spoke about issuing of an annual inspection fee on the towers in the City limits of Van Buren. Attorney Stodola said the fundamental question was, what was to be inspected relative to the justification of a $25.00 fee, per each antenna inspected. Attorney Stodola said all of the Cell providers in this Country are required to meet FCC compliance requirements and they are required to comply with Federal Communications Commission as well as the fact that the FCC does random audits, to make sure that these cell providers are complying with federal law. He said the FAA likewise requires compliance from towers that are over 200 feet which are required to have lights. He said as when a light goes out they have to contact the FAA and if they can't be repaired immediately they have to notify the FCC. Attorney Stodola said ultimately he thought this was something that Lawyers had to deal with in the past and has to do with Federal Preemption. Attorney Stodola said they have a question about what a City Inspector would inspect and what background would they have to make an inspection. Attorney Stodola urged caution on this, he said they had rather not get into any type of entanglement that we Lawyers might get involved in. He said he thought there was a Federal Preemption there and he said he would urge the Council to delete this portion of section one (1)that deals with a annual fee for each antenna. Alderman Swaim said he lived on Mt. Vista and Pernot Street which had been torn to pieces by the towers that been constructed there. Alderman Swaim said they continue to hang a number of antenna's on the towers, which when loaded arc too heavy. Jimmy Didier with Didier towers out of Fort Smith spoke next, he said he was one of the last one's who has put up a tower. Mr.Didier said they have to maintain structural analysis basically for the carriers. He said they go through Engineering and allocate a certain amount of antennas for a certain location and to exceed that we have to take the towers back and have a structural analysis done on the towers. He also said if we don't stay in compliance then our customers, basically the carriers can have the option to pull off the towers. Mr. Didier said Fort Smith changed their Ordinance to read that any antenna that was placed on the towers had to be permitted. The Inspector checks to see if the antenna can go on the specific tower and if it does, he then issues the permit. The Mayor asked if that was for each antenna that was put on the tower. Mr. Didier said no, but the City of Van Buren could figure out how they want to charge. Mike Reid spoke representing Mr. Didier's Company. He said he thinks the annual inspection fee violates that provision. He said the inspection fee had nothing to do with the placement, construction or modification of the towers. He asked what they would do if there was a violation, and if they would have someone take the tower down. Mr. Reid said he didn't think that could be done. He said once the tower had been permitted to go up, he said basically you loose your control until there is modifications. He said the way Fort Smith handles it, is on an antenna by antenna basis. He said that, basically if the Council goes with the Ordinance that's being put forth, some of the carriers are going say no. He said the City would end up in litigation if that happens, when basically, if the City chooses a different avenue they can accomplish the same results. Paul K. Turner Director of Art Design and Performance for Cingular Wireless for Arkansas and Oklahoma spoke to the Council. He said they do require all of the towers where they locate to provide certification that the tower is structurally sound. He said they pay approximately $1500.00 to $2,000.00 dollars to a structural engineering company to certify that the tower will handle all the load that they are about to put on the tower. Mr.Turner said none of the carriers want to have a tower fall. The Mayor asked if there were any other questions. The Mayor then said his recommendation to the Council was to table the Ordinance and find out all the legal aspects before they make a decision. Alderman Taylor moved they table the Ordinance. Alderman Swaim said they could vote on the Ordinance and let it die. Alderman Swaim said they eould bring in another Ordinance that is properly written and prepared and thought out. The Mayor asked if there was motion to adopt the Ordinance. There was none. The Mayor then said the Ordinance dies from the lack of a motion. Next was to consider an ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 7-1963. The Clerk read the Ordinance the first time in its entirety. Alderman Parker 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, 1 the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford 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 Parker 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 Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes -Alderman Swaim, Parker, Moore, Taylor, Pitchford and Parker. Nays - none. 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 of the roll the following vote resulted: Ayes- Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Nays -None. The Mayor declared the motion carried as there were six(6) ayes(0)nays. Four(4)votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 16-2001 ,4 Z 6 U c rno rnorcs 1va,72 rn o ac o ap==Z < "5g se's c �Q - * j ru ' c � m tet $ . ', -.1:-...!-P--,—. .,, 111 - >, ' -*' ig - : 5 g 2';'.< 13S oi. iv c 19°' cciljzul -4---?,1:11 - _?"14'''.1' 41(7,-17 ,s .‘ --41-LA ,,-: -717.1.; ;,, ,:r:7;:":-- ,- ' pt.*: : _ '' *i. ''''' SIEN__ ck° 1 „,, i t z'S"cral,F1 t .8 cf'1'2>'z.c'T a, :7•,,t'''-: " t:-:-._;_,,- ,,,' ff.-77.-14:1'.',,1 r " l'",.-,' -:'`.'::=1'''', ' '24,"" . 4...ik-- - 1 -,. gioguil -g52- Alli •-• El-° ,410 ::-L-eiL/P> 1 . ' ,::ig"..;- ''''f • it..0 <WO,- U mO m c�i i w. U mm ortO Y3.c •off" sca . - . E .. 4. 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 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 Taylor. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford 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, Pitchford and Barker. Nays-None. 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 of the roll the following vote resulted: Ayes - Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Nays -None. The Mayor declared the motion carried as there were six(6) ayes and one (0)nays. Four(4)votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 17-2001 ¢ 0UIOaIZZIZ t0. co o>o -=am 0 72-11F_..1 c o c m==z w �t CO 0 �, 1,..-! ,_ ,..t'-'. Z ��¢a �-¢ mJ-v�ma 9 N i-iw d� Qoc WQ ] OR o oOVW.2m�. cLLD Hg o� u zZ UZ s›-z- Om c.n c ¢��L g.a. 132 lia al `() T �N svLL$ a z - . co.,@.0.oZ ce .H �. Lunt �s. .sei5 t 14 1 o< ,s us 1° 5 g m les-iizg Y.�_� z ciL1Jl�rC §i� t, --fix id O:ov1LU(DONd al �UQQNUQ30 a+-mw3a Gaffs so A . �• rid On the agenda next was to consider an ORDINANCE LEVYING A TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES FOR THE YEAR 2001, AND FOR THE PUBLIC LIBRARY. 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 Swaim, Parker, Moore, Taylor, Pitchford 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, Pitchford and Barker. Nays -None. 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 of the roll the following vote resulted: Ayes— Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Nays -None. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. Motion was then made by Alderman Taylor and seconded by Alderman Swaim, that the Emergency Clause be adopted which on roll call the following vote resulted: Ayes - Alderman Swaim, Parker, Moore, Taylor and Pitchford. Nays—Alderman Barker. The Mayor declared the Ordinance passed as there were five(5)ayes and one(1)nay. Four (4)votes being necessary for passage. THE ORDINANCE WAS GIVEN NUMBER 18-2001 -�-,Ay,� D G v .'9 -••=3;,,1_,! 2 ^y:13,. ,8 U O _A��. A,g._.. N u a .m.,..2"5:..4 m C w0 4. 6..e. 'fl .`.. d 4 aS ills > a.BS 1 0.� 4VV1-e ° U 5aa ›-.2.4.,„ �� F ° a �a'a1 - " >'b5 �° $d i a �+ 1. ,b 4 . '_ o U tU m u n� 8 iii y . •1 ° ��' 3� F 0, 27 ` c o.> Vi ==a �'Sy o ° °1 ,.'� § z 8 ". S °' °> 0 oA n gt.A q .- c ac > > "cow. '"a oZ� Seo. `Q g 40, ,•S ° ocw`�U� *Bre. ".�zv o V . a.� > 13; 0 - 2 oZI ° cE >Z'',$i a i'hil - .gf.g f ' U. >��U!� �y� w ��� Z EI . �a�AQ Uy 4-4 ab , < ,- 14 C4 >.wzvi 14.a iv d o 0 " ,= ^- e gr_,2 Cil OQ t Xw gv 1.. '" g>N 2 ° a b' 0 d u ". °0dcv o 12 �' l�j° E-'u. a, n `s �m w s o y °� y � yw 0 'O Q,$casti s >.•.. '� �' ,� �ow �U.�rn , 01 14.52.-4 s wF2wvA�O¢ g _w, dot si a aU q i3> o _ 2..=4. 16 "1 §1195 ,1�� "1 §1 '9 5,1 .e ; N a4awgax -r B -4 _ :At-did Le y . 0 N 14 cd am V"-le°'O 1"Y° iiIh W fL Y;N U Z Q /,O� (V iC. i. > �J' ` •=, �. z Mpg m' �. �+ •5 „�'e pu pi FC�CL Eq HCO a� s� 6 n o a �' Ri ao ° c� wrn �'.9�cv o °>U.zUY7; , Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by Alderman Taylor to appropriate the sum of$883,505.28 to pay expenses and salaries for July 2001, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. 6.V. — 749.745.62+ /City Of Van Buren 5•i"- '--82.336.49+ For th period July 1, 2001 to July 31, 2001 —39.524-5o.Perks' 4 so+ Treasurer's Report l;braty - 9,872.85+ rg.0.91 —2,025.82+ 005 Year To Date Current Month Year To Date 883,505.28'. Last Month Amount This Month GENERAL FUND Receipts i • Beginning Balance $595,729.52 $.00 $595,729.52 Retained Clearing Acct. - Ge ($2,352.82) $.00 ($2,352.82) State General Turnback $145,620.36 $65,153.80 $210,774.16 Property Tax (City General) $13,367.02 $68,871.58 $82,238.60 Sales Tax Proceeds $1,317,163.88 $223,224.86 $1,540,388.74 New County Sales Tax Proceed $727,123.14 $124,327.93 $851,451.07 Franchise Tax $435,709.24 $85,038.57 $520,747.81 Privilege Licenses $102,695.50 $637.50 $103,333.00 Court Fines $204,691.69 $30,586.74 $235,278.43 Inspection Fees $53,126.91 $14,672.10 $67,799.01 Pet Licenses $677.00 $.00 $677.00 Civil Small Claims $4,326.69 $590.30 $4,916.99 Misc. General Fund $20,375.85 $9,773.77 $30,149.62 Interest $2,474.22 $242.60 $2,716.82 Administrative Justice Fund $357,679.43 $61,970.86 $419,650.29 Reimb. Co. Share Mun. Ct. $33,095.19 $5,153.62 $38,248.81 Garage Sales $3,410.00 $665.00 $4,075.00 Phillips Landing $.00 $7,500.00 $7,500.00 VBMU 1/2 Cost City Eng. Exp. $38,106.05 $15,391.03 $53,497.08 Cobra Insurance Payment $10,133.80 $1,487.70 $11,621.50 Police Grants $56,167.79 $9,512.00 $65,679.79 Child Protection Fund $406.24 $.00 $406.24 Miscellaneous Revenue-P.D. $4,164.60 $.00 $4,164.60 Insurance Reimbursement-B.D. $29,807.95 $1,555.31 $31,363.26 Juvenile Transport $10,757.00 $1,484.00 $12,241.00 Miscellaneous Revenue-F.D,. $232.07 $10.00 $242.07 Act 833 Money $20,497.11 $.00 $20,497.11 UNCLAIMED LIABILITIES ACCOUNT $133.50 $.00 $133.50 Total Receipts $4,185,318.93 $727,849.27 $4,913,168.20 Disbursements Salaries - Admin. $178,823.40 $32,966.00 $211,789.40 Other - Admin. $48,959.26 $3,421.69 $52,380.95 Phillips Landing $22,655.76 $18,260.71 $40,916.47 Engineer Supplies & Expenses $5,858.98 $580.32 $6,439.30 Engineer Survey Supplies $303.84 $282.40 $586.24 Engineer Vehicle(Gas, Maint) $485.39 $1,562.97 $2,048.36 Engineering Services $48,011.84 $21,211.41 $69,223.25 Accounting Consult Fees-FEMA $5,577.64 $565.59 $6,143.23 New County Sales Tax Transfer $584,492.77 $22,231.76 $606,724.53 Riverfront Property Purchase $30,681.82 $4,583.06 $35,264.88 Capital Imp. Fund $120,000.00 $20,000.00 $140,000.00 Vision 2010 Expenditures $1,058.82 $1,206.79 $2,265.61 REGIONAL INTERMODAL FACILITY $60,000.00 $.00 $60,000.00 Next Police, Fire, Fire Marshall, Building Inspector, Municipal Court and Engineer's Reports were presented for Next was any item from any citizen present. There was none. Next was time for Miscellaneous and General Discussion. Pat Gordon asked the Mayor and Council members for permission to get a Privilege License for her new Taxi Cab Service in the City of Van Buren. She said that the City Attorney was working on an Ordinance for her to bring before the Council. The Mayor and Council members gave her the go ahead with her business. Next Al Prieur asked the Council to approve the final plat for Town North Commercial Subdivision, which was previously denied by the Planning Commission. Alderman Swaim said he supported the Planning Commission's decision. The Council members agreed they would have a meeting around the first part of September at which time they would reconsider after Planning Commissions approval. Next the Mayor asked the Council for permission to check into the Farm Bureau Building which is for sale. The building has 2800 square feet and is already set up for offices. He said the building would be used for the City and Muncipal Utilities. The Council members gave the Mayor permission to check on the building. Next, Harry Short, with the Van Buren Municipal Utilities, spoke to the Council about Incode, the Software which they would like to purchase on a 50/50 split cost with the City. Alderman Swaim said he was ready to support this purchase, but we need to present it to the Council in Ordinance form. Alderman Swaim said he felt we owed at least a straw vote on the purchase of the software, since the Van Buren Municipal Commission had approved to share the costs. The Council members were all receptive to the purchase of the Software. There being no further business motion was made by Alderman Taylor and seconded by Alderman Swaim to adjourn. The City Council members followed with a unanimous vote. The meeting adjourned at 8:30 p.m. APPROVED: -51 11:1*S?ler\ MAYO ATTESTED: CITY CLERK-TREASURER 1