10 October 2005 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD OCTOBER 17, 2005
The City Council of the City of Van Buren, Arkansas met al 7:00 p.m., Monday, October 17, 200ai City Hall.
The meeting was called to order by Mayor Riggs. On roll call the following Council members answered as their
names were called: Alderman Swaim, Parker, Spoon, Dodd. and Sagely. City Attorney Candice Settle and City
Clerk Barbie Curtis were also present. This made a total of eight(8) present. Alderman Moore was absent. A
quorum was declared.
1 he Invocation was given by Mr. Nathan Hurst with the Bank of Ozarks.
Next Mayor Rigggs led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on September 19,2005.
Alderman Swaim made a motion to approve the minutes. :Alderman Spoon seconded the motion. On roll call the
following Council members voted aye: Alderman Swaim, Parker, Spoon. Dodd and Sagely.. The following voted
nay: none.
On the agenda next was to consider A RESOLUTION APPROVING A DECREASE IN THE CONTRACT
PRICE FOR THE 2005 STREET IMPROVEMENTS/PHASE LX PROJECT. The Clerk read the Resolution
in its entirety. Mayor Riggs 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, Spoon. Dodd, and Sagely.
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 10-1-2005
CITY OF VAN BUREN,ARKANSAS •
RESOLUTION NO. 10 t -2005
A RESOLUTION APPROVING A DECREASE IN THE CONTRACT PRICE FOR THE
2005 STREET IMPROVEMENTS/PHASE IX PROJECT.
WHEREAS, The Mayor advertised for bids for the 2005 Street Improvements/Phase IX
Project and the bid of Forsgren,Inc.,was accepted by the Council;and
WHEREAS, The original contract price of$585,556.35 was previously approved by the
Council;and
WHEREAS, A change order was approved increasing the amount of the contract by
$95,556.35 pursuant to Resolution No. 8-1-2005, for a total contract
amount of$681,504.00;and
WHEREAS, The project is now completed at a final cost of$589,566.11.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the decrease of$91,937.89 to the Contract with Forsgren,Inc.for the
2005 Street Improvements/Phase IX Project is hereby accepted.
PASSED AND APPROVED THIS 11)AY OF OCTOBER,2005.
MAYOR OHN RIS
ATTESTED:
L61U-( 14Z
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION ALTHORIL1NG THE MAYOR TO DISPOSE OF'
A FIXED ASSET BY AUCTION. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was
any discussion. There was none. 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 a\e: Alderman Swaim, Parker. Spoon, llodd, and Sagely. 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 10-2-2005
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1(0'oZ -2005
A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF A FIXED ASSET BY
AUCTION.
WHEREAS, The City of Van Buren has an asset which is beyond repair and no longer
needed by the City; and
WHEREAS, After an inventory of Fixed Assets, it is recommended by our State
Auditor that this item be removed from our Fixed Asset Inventory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to remove the following asset from
the Fixed Asset Inventory and dispose of same by auction:
Department Amount Description Control#
Police Department $1658.00 6300913 Digital Concepts Computer PD-409
PASSED AND APPROVED THIS DAY OF OCTOBER, 2005.
MAYO40H
ATTESTED:
-'6etiLtut:f
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLLTION DECLARING A STRUCTURE TO BE A
NUISANCE AND DECLARING CONDEMNATION. The Clerk read the Resolution in its entirety. Mayor
Rigs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved
that the Resolution he adopted. The question was put by N Iayor Riggs on the adoption of the motion and the roll
being called, the following voted aye: ,N1dertnan Swain, Parker, Spoon, Dodd and Sagely. 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 NIJ\IBER 10-3-2005
•
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I Q-3 -2005
A RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND
DECLARING CONDEMNATION.
WHEREAS, Robert Johnson is the record owner of certain property located in the City of Van
Buren, Crawford County, Arkansas, which is located at 205 South 14th, Van
Buren, Arkansas;and
WHEREAS, The structure which is presently located upon said property is in a deplorable state
of disrepair, and the property is 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 it is hereby ordered that the property shall be cleaned up,and the structure(s)
shall be removed within 30 days of the receipt by the owner of this Resolution.
`
PASSED AND APPROVED THIS I t DAY OF OCTOBER,2005.
j2P •
MAYOJO:I '4 t. S
ATTESTED:
ZI-rAlLeA- CLAAJ-4 -)---- .
CITY CLERK\TREASURER
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
AMEN-DING THE ZONING MAP OF THE CITY OF VAN BI REN, ARKANSAS. The Clerk read the
Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roll, the following vote
resulted: .Ayes - Alderman Swaim, Parker, Spoon, Dodd and Sagely. Mayor Riggs declared the motion carried as
there were five (5) ayes and (0)nays. Four (4)votes being necessary for passage. The Ordinance was read the
second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roil, the following vote
resulted: Ayes -- Alderman Swaim, Parker, Spoon, Dodd and Sagely. Mayor Riggs declared the motion carried as
there were five (5) ayes and (0) nays. Four (4)votes being necessary for passage. The Clerk then read the
Ordinance the third and final time. Then Mayor asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Spoon moved that the Ordinance be adopted. The question was put
by the Mayor on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim,
Parker, Spoon, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4)votes being necessary for passage. The Mayor thereupon declared the Ordinance duly passed and signed
same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 24-2005
CITY OF
AN"
t�s�s
to
1963: �THE PIAMEN)unumuirICE NO. E
F�
OF oNfl i CERTAIN
PPROPERTY IN'�MIE CI Y of
ARKANSAS
ING S CM OF
&WHEREAS.Nelda ARKANSAS.
mitted a Petition to rezone
the following property lo-
cated at 2522 Kibler Road,
from C-2 to R-3.
Lot 4, Boatrights Subdivi-
sion
Pub-
lk Hearing has been pub-
lished as required by law;
WHEREAS,-Notice of Pub-
lic Hearing has been held
aqwired by law;and
%t./EREASThe Planning
Commission recommend-
ed said zoneMAIMED IT TIE ary
char
COUNCIL
OF THE MY OF
VBUREN,ARKANSAS:
SECTION 1: THAT the
above-described
property
2
to R-3 and the Van Buren
Zoning.Map is ame
nded to
reflect this rezoni
PASSED ANDTHIS 17TH
B�2005. DAY OF OC O-
HN RIGGS
AATTTE�STED
BRAYIEES
Published In the Or
22.2005 issue of the Press
Argus-Courier.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by
Alderman Parker to appropriate the sum of S 868,127.60 to pay expenses and salaries for September 2005,
presented by the City Clerk Treasurer. The Council followed with a unanimous vote.
10 11 ..005 08:40 AM CITY OF VAN BUREN PAGE: 1
TRIAL BALANCE
AS OF: SEPTEMBER 30TH, 2005
10 -Oenecal Fund
*** MONTH TO DATE *** *** YEAR TO DATE ***
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
0 • A
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 14,794.19 188,629.03
1020.10 Cash in Bank - Sales Tax City 0.00 0.00 `� 8 ' 6 +
1020.17 New Police Dept 35,000.00 35,000.00 1 1 5 2 6 . 1 3
1020.18 Cash in Bank - PD Co Tax 985.20 23,070.41 `1 5 ; 0 0 V -
1020.19 Cash in Bank - FD Co Tax 1,363.87 26,856.41
1 •, 595 .. 64,-;.
1020.20 Cash In Bank-Erosion Control 575.00 2,900.00
1020.27 Cash in Bank - Levee 0.00 3,994.17 ( 0 U- . 6 1;
1020.31 Cash in Bank - Parks & Rec 762.34 10,569.16 1 1 2 3 4 . 8 5 -h
1020.51 Cash in Bank - Cemetery 39.26 7,426.24
1020.91 Cash in Bank - Cap Imp 104,255.20 471,472.68 -
1040 Investments 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 - Parks S Rec 0.00 0.00
1040.51 Investments - Cemetery 2.53 48,563.14
1040.91 Investments - Cap Imp 0.00 765,967.05
1040.92 Capital Improvement CD 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 0.00 0.00
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union-First Resource 4,241.00 0.00
2040 LOPFI Payable 0.00 0.00
2050 National Foundation Life Ins. 0.00 35.28
2080 Conseco Payable 0.00 0.00
2090 New York Life Ins. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 845.16 0.00
2135 R. Allen Trust *502355610 0.00 0.00
2140 United Way Payable 0.00 0.00
2150 Parks fi Rec. F.O.D. 5.00 220.00
2160 Pre-Paid Legal Services 0.00 0.00
2170 F.O.P. 0.00 0.00
2175 Van Buren Fire Fighters Union 517.96 0.00
2176 Van Buren Firemen Contribution 0.00 0.00
2177 Police Officers Union 340.00 0.00
Next Pohce. Fire. Building Inspector. District Court and Engineer Reports were presented for tiling.
Next was time for miscellaneous and general discussion. City Attorney, Candice Settle told Mayor Riggs about
property that was served a Condemnation notice. She said they were unable to serve the notice until Friday and
that did not give them the seven (7) days needed before the Council meeting. Attorney Settle said they would have
to Nail until the next months meeting for a Resolution. Mr. Larry Hurst said he was served Saturday morning with
the notice. 1-Ie said they had cleaned up the property and he plans on continuing the work and sell it later. Code
Luforcement Officer, Wesley Sand lin, said he had been working with this property for three (3)years trying to get
it secured and up to code. He said it was a new home but had never been finished. Mayor Riggs asked if they had
a permit for the property. Code Enforcement Officer, Wesley Sandlin said the permit had expired. Mr. Sandlin
said the building was secured at the present and the lawn was mowed. Mayor Riggs said his recommendation was
for Mr. Hurst to get another permit and get the property in shape. Alderman Sagley asked Mr. Hurst if he could
give the Council a time limit that he would have the house completed and up to the standards expected. Mr. Hurst
said the reason the property was not finished was a financial situation. The Mayor told Mr. Hurst to get the permit
and get the house secured. Mr. Hurst agreed to do so.
There being no further business Alderman Swaim seconded by Alderman Dodd made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 7:20 p.m.
APPROVED:
ATTESTED: —RA*,
MAYO
CITY CLERIC-TREASURER