11 November 2001 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD NOVEMBER 19, 2001
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, November 19, 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 Attorney
Candice Settle and City Clerk Barbie Curtis were also present. This made a total of nine(9)present. A quorum was
declared.
The Invocation was given by Dr. Elliott Hays of Van Buren.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on October 15, 2001.
Alderman Swaim seconded by Alderman Taylor made a motion to approve the minutes of the Council Meeting 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 SETTING A PUBLIC HEARING FOR THE
ABANDOMENT OF ALLEYWAYS IN BLOCKS 25 AND 26 OF THE RIVERSIDE ADDITION TO 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 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 11-1-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I "� -2001
A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT
OF ALLEYWAYS IN BLOCKS 25 AND 26 OF THE RIVERSIDE ADDITION TO
THE CITY OF VAN BUREN,ARKANSAS.
WHEREAS, Nancy Millsap has petitioned the City Council of Van Buren, to vacate
and abandon a portion of an alleyway from Adams Street to Madison
Street, said property being an alleyway between Lots 7, 8, 9, 10, 11 and
Lots 6,5,4,3,2 and 1 of Block 26 of the Riverside Addition to the City of
Van Buren,Arkansas and an alleyway 100 feet in length from Third Street
to the northwest corner of Lot 11 in Block 25 of the Riverside Addition to
the City of Van Buren,Arkansas;and
WHEREAS, The Petitioners own all the property adjoining those portions of the 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 December 17,2001 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
an alleyway 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 I`1'-13AY OF NOVEMBER,2001.
O�
MAYO JO RIGGVS
ATTESTED:
bi
CITY CLERK/TREASURER
On the agenda next was to consider a RESOLUTION APPROVING REPLAT OF LOTS 41, 42,43, & 44,
BLOCK 10, VISTA PLACE ADDITION IN THE CITY OF VAN BUREN, ARKSNSAS. 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 Swain, 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 11-2-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1 -2001
A RESOLUTION APPROVING REPLAT OF LOTS 41, 42, 43 & 44, BLOCK 10,
VISTA PLACE ADDITION 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, Replat of Lots 41,42,43 &44, Block 10, Vista Place Addition,
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 1"ieiDAY OF NOVEMBER,2001.
MAYO OH!'RIGGS62/
ATTESTED:
(
tkiL' &t/f. ,,a;
CITY CLERK/TREASURER
On the agenda next was to consider a RESOLUTION APPROVING REPLAT OF LOT 1395 INTO LOTS
1395A& 1395B, WESTERN HILLS,PHASE IV IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk
read the Resolution in its entirety. Alderman Swaim seconded by Alderman Pitchford 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 11-3-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1\ A -2001
A RESOLUTION APPROVING REPLAT OF LOT 1395 INTO LOTS 1395A &
1395B, WESTERN HILLS, PHASE IV 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, Replat of Lot 1395 into Lots 1395A & 1395B, Western Hills,
Phase IV,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 I(141)DAY OF NOVEMBER,2001.
11'1a,u�� ,I
MAYO JO i RISit
ATTE`ST/ED, :
CITY CLERK/TREASURER
On the agenda next was to consider a RESOLUTION DECLARING A STRUCTION TO BE A NUISANCE
AND DECLARING CONDEMNATION. 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 11-4-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 11-4 -2001
A RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND
DECLARING CONDEMNATION.
WHEREAS, J.D. Rogers is the record owner of certain property located in the City of Van
Buren, Crawford County, Arkansas, which is located at 404 North 23`d Street,
Van Buren,Arkansas;and
WHEREAS, The structure which is presently located upon said property is in a deplorable state
of disrepair and in such a condition that it constitutes a health and safety hazard to
the citizens of Van Buren and especially to those living in that neighborhood;and,
WHEREAS, Under authority of A.C.A. § 14-56-203 and Van Buren Ordinance No. 26-1997,
the City, through its City Council, can declare said property to be a nuisance and
require its removal within 30 days.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS:
SECTION 1: That the structure and conditions described above are hereby declared a nuisance,
and their removal within 30 days of the receipt by the owner of this Resolution is
hereby ordered. �y
PASSED AND APPROVED THIS IIDAY OF NOVEMBER,2001.
MAYOR!JOYRIG�G SSV
ATTESTED:
�AX�',n ��GC
`Cl �
CITY CLERK\TREASURER
Next was to consider a RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND
DECLARING CONDEMNATION. The Mayor requested the Resolution be pulled because the owner has been
trying to get everything back in shape. The Council agreed with the Mayors recommendation, and the Resolution
was pulled.
On the agenda next was to consider a RESOLUTION AUTHORIZING SETTLEMENT IN THE CASE OF
LANCE ELLISON, ET AL V. CITY OF VAN BUREN. 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 11-5-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I -2001
A RESOLUTION AUTHORIZING SETTLEMENT IN THE CASE OF LANCE
ELLISON,ET AL V.CITY OF VAN BUREN.
WHEREAS, Lance Ellison and others filed suit against the City of Van Buren alleging
they had not been paid in accordance with the Fair Labor Standards Act;
and
WHEREAS, Lance Ellison and his Co-Plaintiffs have agreed to settle said suit for two
(2) years back pay ($75,711.86), plus fifty percent (50%) liquidated
damages ($37,855.93) and twenty-one thousand dollars ($21,000.00) in
attorneys' fees and costs,for a total settlement of$134,567.79;and
WHEREAS, It is in the best interests of the citizens of Van Buren to settle this lawsuit
for the amount agreed upon, thereby avoiding costly and uncertain
litigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS:
SECTION 1: That the Clerk of the City of Van Buren is hereby directed to pay to the
order of Woodley, Genser & McGillivary, in trust for the Plaintiffs in
Lance Ellison, et al v. City of Van Buren, the sum of$134,567.79, and
Shane Perry,Attorney for the City, is hereby directed to cause an Order to
be entered dismissing the suit with prejudice.
PASSED AND APPROVED THIS I1 DAY OF NOVEMBER,2001.
1 IL
MAY J c4 N • 'si4
ATTESTED: AAJ
CITY CLERK/TREASURER
On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF
PRINTER IN CITY CLERK'S OFFICE LISTED ON FIXED ASSETS. The Clerk read the Resolution in its
entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted as amended to
remove by sealed bid only. 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 11-6-2001
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. It, - tj -2001
A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF PRINTER IN CITY
CLERK'S OFFICE LISTED ON FIRED ASSETS.
WHEREAS, The City Clerk has a Epson Printer which is beyond
repair and no longer needed by the Clerk's office, and
WHEREAS, It is recommended by our State Auditors that items of
this nature be removed from our Fixed Asset Inventory:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VAN BIIREN, ARKANSAS:
THAT, The Mayor is authorized to remove this printer from the
Fixed Asset Inventory by sealed bid:
DEPARTMENT AMOUNT DESCRIPTION CONTROL #
City Clerk $681.28 Epson Printer CC-49
S/N 2NJY/58344
PASSED AND APPROVED THIS 19TH DAY OF NOVEMBER , 2001
bIAYOI�..�=�
ATTESTED:
CITY CLERK-TREASURER
Next on the agenda was to consider an ORDINANCE ESTABLISHING TAXICAB FARES AND FOR
OTHER PURPOSES. 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 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 Ordinance was read the second time.
Alderman Swaim then made a motion that the fees should include trunk space fees and 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 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. There was none.
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, 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 ORDINANCE WAS GIVEN THE NUMBER 26-2001
a tq alar _ ,• •...>. ,v,UU U •--ot:�oroyo •0 'Xoc wC it
g..Ec '-._�a� ill' y fir._•-mac a1..o �a.2oE0 �^ °' >z uaiE.
Mag, 2.1. ro,1 a. i a s-oti ' aEca `.a`�'N^ ngi V p t
a,o ornc ar—b '�. 3 0+. >c r w nti�'- n ys,rt. �p
c^. L,�E , .^n .1� ,42,f gam`"-E=>a axr�o oc v,o. a d ,
y�n�Z Y>i `£��.">� o 'S w W 1°-"41s-=01,1,42.-e.
{ar ar .o�o,� o .o Q Y: � z �
a3 C oo .2gg�r- o .P o g21 c���a =0 ,�y c .n —a4.1.s. a . lzwill• o
�i Er c#ty a`r$Ta' v . �,�..s ...w �e tF J. V
. � `�..0 ,�. YIVNQpO �L: C `L..CO� .p� f3./0 y� �..+'p �=O �`
c -O $ DoE o- °r a.3f - O ocmpa;aroc°3 a ' Q ('tg. 8W 11111
il
>va.0ir '—_v .,`�' ----RE «o.. « w. 0..._,a�> Q
pO, 7:5Rg,
:::::
_ NOmy�j lA 0 ��Ny� ~ 3� T• . ^L. � O` '. tQ .rQa'O Z, •G Mg �n o g 1= o f d s-• 0; :: :: via .:$�' af', Sp [g:E E aW M O .0 C.. O a'�� eyWQ� _ +"9�_ .�qr 4�ip-I it,% ,EdE � � `o'� '�� � 1I .t
1 pg 11 iti s
gam`` i- t.` l `s _ *E .3 0
QZi< te ..ia 3 e► 'di_ .. 3 . *
Next City Attorney Candice Settle said there had been an application submitted for a Taxi Cab permit by Pat
Gordon. The City Attorney said what they need to do in order to consider an application was to set a Public Hearing
for the next month Council Meeting. Alderman Swaim seconded by Alderman Parker made a motion to set the
Public Hearing for the December Council Meeting. The Council members followed with a unanimous vote.
I
4
Next the Mayor had recommendations for reappointments for Rusty Myers and James Garner to another term on
the Van Buren Advertising and Promotion Commission. Alderman Taylor seconded by Alderman Swaim made a
motion to approve the Commission's recommendations. The Council members followed with a unanimous vote.
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$1, 093, 339.36 to pay expenses and salaries for October 2001, presented
by the City Clerk Treasurer. The Council followed with a unanimous vote.
GK _ 780,178•44. City Or Van Buren
5+rrct _231 ,817•70, - the period October 1, 2001 to October 31, 2001
p+2 , 7,836.62♦ Treasurer's Report
1.i tra,. 1 1.704•8 2•1
.K om-!- 6 1.8 2 1 .78+
005 Year To Date Current Month Year To Date
1,093,339.36*" Last Month Amount This Month
GENERAL FUND
Receipts
Beginning Balance $595,729. 52 $.00 $595,729.52
Retained Clearing Acct. - Ge ($2,352.82) $.00 ($2,352.82)
State General Turnback $256,954.94 $23,090.20 $280,045.14
Property Tax (City General) $82,238.60 $56,651.58 $138,890.18
Sales Tax Proceeds $2,023,714.35 $235,473.53 $2,259,187.88
New County Sales Tax Proceed $1,114,076.33 $148,225.23 $1,262,301 .56
Franchise Tax $748,608.47 $96,879.28 $845,487.75
Privilege Licenses $104,045.50 $112.50 x$104,158.00 l
Court Fines $297,301 .92 $34,016.50 $331,318.42
Inspection Fees $81,675.16 $7,901.45 $89,576.61
Pet Licenses $813.00 $85.00 $898.00
Civil Small Claims $6,381 .82 $742.70 $7,124.52
Misc. General Fund $31,726.16 ($140.91) $31,585.25
Interest $3,172.51 $346.20 $3,518.71
Administrative Justice Fund $560,030.68 $61,230.04 $621,260.72
Reimb. Co. Share Mun. Ct. $46,360.13 $6,344.29 $52,704.42
Vision 2010 Revenues $4,125.00 $600.00 $4,725.00
Garage Sales $5,175.00 $1,015.00 $6,190.00
Phillips Landing $7,500.00 $3,750.00 $11,250.00
VBMU 1/2 Cost City Eng. Exp. $17,884.54 $.00 $17,884.54
Reim. From Co. Sales Tax-PD $63,481.08 $6,698.68 $70,179.76
Cobra Insurance Payment $15,766.80 $1,886.76 $17,653.56
Police Grants $78,988.97 $13,599.48 $92,588.45
Child Protection Fund $3,931 .24 $103.75 $4,034.99
Miscellaneous Revenue-P.D. $4,514.60 $125.00 $4,639.60
Insurance Reimbursement-P.D. $12,257.44 $13,292.60 $25,550.04
Juvenile Transport $14,707.00 $.00 $14,707.00
Miscellaneous Revenue-F.D. $242.07 $.00 $242.07
Donation/Camera $6,811.00 $.00 $6,811.00
Act 833 Money $20,497.11 $.00 $20,497.11
UNCLAIMED LIABILITIES ACCOUNT $133.50 $.00 $133.50
Court Automation Fund - City $.00 $430.00 $430.00
Court Automation Fund - Coun $.00 $382.50 $382.50
a
Total Receipts $6,206,491.62 $712,841.36 $6,919,332.98
Disbursements
Salaries - Admin. $277,178.32 $32,986.00 $310,164.32
Other - Admin. $62,839.89 $13,821.72 $76,661.61
Phillips Landing $46,496.88 $2,365.64 $48,862.52
Engineer Supplies & Expenses $7,059.05 $366.62 $7,425.67
Engineer Survey Supplies $783.07 $.00 $783.07
Engineer Vehicle(Gas, Maint) $622.86 $137.89 $760.75
Engineering Services $79,458.91 $24,685.63 $104,144.54
Accounting Consult Fees-FEMA $7,484.15 $.00 $7,484.15
i;
E
Next Police, Fire, Fire Marshall, Building Inspector, Municipal Court and Engineer's Reports were presented for
filing.
Next was any item from any citizen present. There was none.
Next was time for Miscellaneous and General Discussion. City Attorney Candice Settle said in the case of AOG
verses the City of Van Buren, it has been bumped form the November 29th setting, to sometime after the first of the
year and she will keep the Council informed.
Alderman Barker said at budget time last year he had discussed the Boys and Girls Club and how it was in need of
some renovation. Alderman Barker said he had requested that$40,000 to $70,000 be put on the budget for this year,
and he wanted to know if the Mayor had done that. The Mayor said they would discuss the request on Monday night
at the study session
There being no further business Alderman Swaim seconded by Alderman Taylor made a motion to adjourn. The
meeting adjourned at 7:30 p.m.
APPROVED:
ATTESTED:
/ MAYOR
`.l h (1,Q.c.Q .
CITY CLERK-TREASURER
I