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10 October 2002 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD OCTOBER 14,2002 Monday, October 14, 2002, at City Hall. The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., 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, and Pitchford. City Attorney Candice Settle and City Clerk Barbie Curtis were also present. This made a total of eight(8)present. A quorum was declared. The Invocation was given by Charlie Williams member of North Park Baptist Church and Investment Representative for Edward D. Jones Investment Company. Next the Mayor led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on September 16, 2002. Alderman Taylor made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Taylor and Pitchford. The following voted nay: none. Mayor Riggs said the first item on the agenda was an appeal to the members of the Council by Lany Vanier, owner of the property, to override the decision of the Planning Commission to deny a variance on 213 Drennen, which was currently zoned as I-i. Alderman Swaim seconded by Taylor made a motion to uphold the Planning Commissions decision. On roll call the following voted aye: Alderman Swaim, Parker, Moore, Taylor and Pitchford. The following voted nay: none. On the agenda next was to consider A RESOLUTION APPROVING REPLAT OF TOWN NORTH COMMERCIAL SUBDIVISION WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Taylor seconded by Alderman Swaim moved that the Resolution be adopted. The question was put bPyrk Moore,Mayor Riggs on theor a adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, , d Pitchford. 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 10-1-2002 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4Q-/ -2002 A RESOLUTION APPROVING REPLAT OF TOWN NORTH COMMERCIAL SUBDIVISION WITHIN 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 and that all requirements of the Planning Commission are met, Town North Commercial Sub-Division is approved. SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan and the City Clerk is aurhorized and directed to attest same upon the filing of the assurities mentioned above. PASSED AND APPROVED THIS 14TH DAY OF OCTOBER , 2002 J ATTESTED: CITY CLERK-TREASURER On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF KINGSBERRY ADDITION PHASE III, LOTS 76 THROUGH 120 WITHIN THE CITY OF VAN BUREN,ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. 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, and Pitchford. 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 10-2-2002 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. JO'L -2002 A RESOLUTION APPROVING FINAL PLAT OF KINGSBERRY ADDITION PHASE III, LOTS 76 THROUGH 120 WITHIN 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 and that all requirements of the Planning Commission are met, Kingsberry Addition Phase III, Lots 76 through 120 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 14TH DAY OF OCTOBER , 2002 1sc\Ckk f\{'�1 M YOR �\ YOR %1;?'(3,./ ATTESTED: 1 CITY CLERK-TRE RER I On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF PHOEBE MOORE ADDITION WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. 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 and Pitchford. 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 10-3-2002 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. �0-3 -2002 A RESOLUTION APPROVING FINAL PLAT OF PHOEBE MOORE ADDITION WITHIN 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 and that all requirements of the Planning Commission are met, Phoebe Moore 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 14TH DAY OF OCTOBER , 2002 cm CJS � OR ATTESTED: el_z4e.a; CITY CLERK-TREASURER On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT FOR VAN ALMA INDUSTRIAL TRACTS 1 AND 2 WITHIN THE FIVE MILE JURISDICTION TO THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Taylor 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, and Pitchford. 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 10-4-2002 CITY OF VAN BUREN, ARKANSAStt RESOLUTION NO. 10 ""y -2002 RESOLUTION APPROVING FINAL PLAT FOR VAN ALMA INDUSTRIAL TRACTS 1 AND 2 WITHIN THE FIVE MILE JURISDICTION TO 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 and that all requirements of the Planning Commission are met, Van Alma Industrial Tracts 1 and 2 within the five mile jurisdiction 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 14TH DAY OF OCTOBER , 2002 \\(\o-\3e R ATTESTED: 6utze2:) CITY CLERK-TREASURER On the agenda next was to consider A RESOLUTION CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE ADVANTAGE ARKANSAS PROGRAM (FORMERLY THE ARKANSAS ENTERPRISE ZONE PROGRAM—ACT 947 OF 1993, AS AMENDED). The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. 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 and Pitchford. 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 10-5-2002 I CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. /0-5-2002 A RESOLUTION CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE ADVANTAGE ARKANSAS PROGRAM (FORMERLY THE ARKANSAS ENTERPRISE ZONE PROGRAM — ACT 947 OF 1993, AS AMENDED). WHEREAS, the local government must endorse a business to participate in the Advantage Arkansas Program and benefit from the refunds/tax credits as provided in the Arkansas Enterprise Zone Program Regulations of 1993; and WHEREAS, said endorsement must be made on specific forms available from the Arkansas Department of Economic Development; and WHEREAS, Spahn Custom Cabinets, Inc., located at 2620 Kibler Road, Van Buren, Arkansas, has sought to participate in the program and more specifically has requested benefits accruing from the construction of the specific facility; and . WHEREAS, Spahn Custom Cabinets, Inc. has agreed to furnish the local government all necessary information for compliance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT Spahn Custom Cabinets, Inc. be endorsed by the City of Van Buren, Arkansas, for benefits from the refunds/tax credits as provided in the Arkansas Enterprise Zone Program Regulations of 1993 as amended: SECTION 2: THAT this resolution shall take effect immediately. PASSED AND APPROVED THIS 14TH DAY OF OCTOBER , 2002 Mal° MAYOR ATTESTED: CITY CLERK—TREASURER I Alderman Barker arrived at 7:15 p.m. On the agenda next was to consider A RESOLUTION OPPOSING THE PASSAGE OF PROPOSED AMENDMENT 3. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. 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 10-6-2002 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 10 -2002 A RESOLUTION OPPOSING THE PASSAGE OF PROPOSED AMENDMENT 3. WHEREAS, Amendment 3, the proposed constitutional amendment to abolish and prohibit the taxation of food and medicine, has been certified to be on the November 5 Ballot; and WHEREAS, the passage of Amendment 3 would result in the loss of approximately 30$ of Arkansas local sales tax revenue; and WHEREAS, the loss of this revenue could result in the reduction or loss of numerous municipal services such as law enforcement, fire protection, public works projects, community centers, parks/recreation services; and WHEREAS, the passage of Amendment 3 could do long-term damage to the quality of life for every Arkansan: NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, OPPOSES INITIATED AMENDMENT 3 AND URGES ALL OF THE CITIZENS OF VAN BUREN, ARKANSAS, TO WORK TO DEFEAT THIS AMENDMENT IN THE NOVEMBER 5, 2002, ELECTION. l; PASSED AND APPROVED THIS 14TH DAY OF OCTOBER ,2002. GkA. MA R F ATTESTED: CITY CLERK-TREASURER f On the agenda next was to consider A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR SHERWOOD STREET PROJECT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Aldennan 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 10-7-2002 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. IC-1 -2002 A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR SHERWOOD STEET PROJECT. WHEREAS, The Mayor has advertised for bids for the Sherwood Street Project;and WHEREAS, The bid of Harris Company of Fort Smith in the amount of$113,977.14 was accepted by the Council;and WHEREAS, Due to unforeseen circumstances, the amount to complete the street improvements increased and the Council previously approved an increase in the contract price of$4,005.96;and WHEREAS, A final determination of the contract price has been determined to be $118,763.89,leaving a balance of$780.78 unapproved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the increase of$780.78 to the Contract with Harris Company of Fort Smith for street improvements is hereby accepted. SECTION 2: That the Mayor is authorized and directed to pay for same out of the Street Fund. tk PASSED AND APPROVED THIS I' DAY OF OCTOBER,2002. iP MAYOR H GGS ATTESTED: CITY CLERK/TREASURER I Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim 7eO d seconded by Alderman Pitchford to appropriate the sum of $931,128.15 to pay expenses and salaries for02, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. . PMS: 1 IG, 75 &3+ CITY OF VAN BUREN 1 8 1 fl 1'0•66• TRW.BALANCE prIA f 4 6116.4-6 4 `, ,1 AS OF: SEPTEMBER 30TH, 2002 18Ft66fl•-2O+ 1 981 YEAR 1b DATE ... 931.128.15** ••MONTH TO DATE••• D CREDITS CREDITS ®ITS ACM* ACCOUNT LUNE DEBITS ASSETS 200.00 "� 0.00 1000 Petty Cash 36,110.39 112,190.13 1020 Cash in Bank 0.00 0.00 1020.10 Cash in Bank - Sales Tax City 36,051.39 33,727.42 1020.18 Cash in Bank - PD CO Tax 72,282.19 16,272.58 1020.19 Cash in Bank - FD Co Tex 57.17 0.00 1020.27 Cash in Bank -.Levee 4,093.76 Parke &Rec 0.00 1020.31 Cash in Bank7,489.99 237.26 1020.51 Cash in Bank - Cemetery 882,679.38 77,365.93 1020.91 Cash in Bank - Cap Imp 0.00 0.00 1040 Inveetmenta 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parka &Rec 48,000.00 0.00 1040.51 Investments - Cemetery 0.00 600,000.00 1040.91 Inveetmenta - Cap Imp 0.00 0.00 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds • 0.00 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due From Library Fund LIABILITIES AND FUND BALANCE 0.00 0.00 2000 Account. Payable I 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 2030 colonial Life Payable 0.00 0.00 2040 LOPFI Payable 35.28 0.00 2050 National Foundation Life Inc. 0.00 0.00 2080 Conseco Payable 0.00 0.00 2090 New York Life Ins. Payable .... is Payable 0.00 2100 Life Inc. of Georg 0.00 0.00 2130 Garnishment. Payable0.00 - 0.00 2135 R. Allen Trust 11502355610 0.00 0.00 2140 United Way Payable 40.00 2150 Parks &Rec. F.O.D. 0.00 0.00 2160 Pre-Paid Legal Service. 0.00 0.00 2170 F.O.P. 0.00 0.00 2175 Van Buren Fire Fighters Union 0.00 0.00 2176 Van Buren Firemen Contribution 0.00 0.00 0.00 2200 Wage Payable 0.00 2210 Federal Income Tax W/H 0.00 0.00 2220 social Security Tax W/H 0.00 0.00 2230 Medicare W/H 0.00 0.00 2Y4O Arkan.ae Income Tax WIN C r i.. Next Police, Fire, Fire Marshall, Building Inspector, District Court and Engineer's Reports were presented for Next on the agenda was Miscellaneous and General Discussion. Mayor Riggs said the crowds were great at the Fall Festival. There being no further business Alderman Swaim seconded by Alderman Taylor made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:20 p.m. F APPROVED: ATTESTED: MAYOR CSG CITY CLERK-TREASURER j 6