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03 March 2004 Regular MLNUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD MARCH 15, 2004 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, March 15,2004 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, Dodd and Spoon. City Attorney Candice Settle-Beshears and Deputy City Clerk Connie Hyatt were also present. This made a total of six(6)present. A quorum was declared. The Invocation was given by Dorvan Wiley, Executive Director of the Chamber of Commerce. Next the Mayor led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on February 23, 2004. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Dodd and Spoon. The following voted nay: none. On the agenda next was an APPEAL OF THE PLANNING COMMISSION'S DENIAL OF THE FINAL PLAT FOR PLEASANT ACRES, LOTS 2A& 2B. Ricky Hill was representing Kyle Satterfield. Mr. Hill said they were asking the Planning Commission to approve the split of a lot in Pleasant Acres. He said there were some concern from the adjoining property owners, and was brought before the Planning Commission. Mr. Hill said the reason for denial was because of the Restricted Covenants. Alderman Swaim said that Restricted Covenants played no part of the City Council decisions. Alderman Swaim said that Mr. Satterfield had met the requirements to subdivide a lot in Pleasant Acres. Alderman Swaim made a motion to grant the appeal and overrule the decision of the Planning Commission. Alderman Spoon asked where the approval of the lot split stood legally. Attorney Candice Settle-Beshears said she felt it was a potentially litigious situation either way the City had to go. She said she had given the opinion in the Planning Commission meeting that she felt like the decision made by the Planning Commission was the most legally defendable position, however, it was her job to defend the City in whatever decision the Council Members make and she was prepared to do so. Alderman Spoon asked if they could legally make the decision. Alderman Swaim said the City has no jurisdiction in this matter. Alderman Swaim said the decision was a simple matter. He said Mr. Satterfield had made an application to the City and it was turned down by the Planning Commission. Alderman Swaim said he was making a motion to override the Planning Commission's decision and grant the request, because Mr. Satterfield had met the requirements of the City of Van Buren. Alderman Spoon asked why the request was turned down by the Planning Commission. Attorney Phillip Bagby, Vice Chairman of the Planning Commission spoke to the Council. He said the basis for the decision was not the restricted covenants. He said the basis for the decision was that the planning Commission was asked to make a change to an existing plat. Attorney Bagby said that the Planning Commission was asked to take action and was asked to make a change to the status-quo but not to enforce anything. He said when the City was asked to make a change the Planning Commission was notified by other individuals about the restricted covenant which prohibited building more than structure on a lot of the plat as it was filed at the original time. The Planning Commission was being asked to divide one (1)lot into two (2)lots giving them a legal right to build two (2) structures on what was originally one (1)lot. Attorney Bagby said if they grant the request they would be interfering with a private contract and if the City interfered with a private contract it is subject to a lawsuit. He said it was his belief, along with the City Attorney, that if the City were to be sued, the City would loose. Attorney Bagby said by taking action to interfere with a private contract the City could get sued and he said on the other hand, they could get sued by Mr. Satterfield. He said his opinion along with the City Attorney's opinion was if that happened the City would be in a better position by not making a change. Attorney Bagby said the basis of the Planning Commission's decision was that they decline not to get involved in the matter. Alderman Swaim said the private contract, which was in the restricted covenant may contain a lot of hidden clauses. Alderman Swaim said restricted covenants do not apply to the Council. He said if it contained hidden clauses in the restricted covenants that would be between the two (2)parties. He said all the Council was doing was saying that they could subdivide the lot. He said they would probably have consequences for doing so but the City would be granting permission for them to subdivide. Attorney Bagby said his concern was not between the neighbors but if the City takes action and interferes it could bring strong precut ions on the City. Attorney Bagby said that was why the Planning Commission denied the request and told Mr. Satterfield that he had a right to appeal to the City Council and if the Council.overrides the decision then that was fine. He said the Planning Commission did not want to get the City in that situation. Alderman Swaim said as a City they were immune. Attorney Bagby said they were not immune in the cell tower situation. Attorney Bagby said there was a settlement paid in that situation. He said the City was not absolutely immune in certain situations. Attorney Bagby said in Federal Law they would be interfering with private contract rights. Attorney Bagby said that was their belief and he said if they step in that situation they may be crossing that line and they believe they would be safer to leave it status quo. Alderman Spoon said lets get this straight, the appeal was not due to restricted covenants it was due to the denial of a plat. Attorney Bagby said when the Planning Commission was asked to split the lot, the Planning Commission declined the request. City Attorney Settle-Beshears said she and Attorney Bagby felt that there were two (2)ways they could go into court. She said number one (1)was not having taken an action to violet a contractual agreement or number two(2), was to take an action they knew violated a contractual agreement. They wanted to take the one which would give the City cleaner hands going into court. City Attorney Settle-Beshears said when they look at the request it looks like they should approve the request, but she said sometimes they have to look outside the box. The City Attorney said she thinks that was what a Court would do. Attorney Settle- Beshears said she would be willing to support and defend whatever the Council decides. Liz Earnhart spoke to the Council saying she and her husband Dave Earnhart reside at 2701 Pleasant Acres Lane. She said they purchased their home on Pleasant Acres Lane because it was a subdivision and there were seven(7)tracts and a possibility of seven(7)homes. Mrs. Earnhart said they knew there would be a limited amount of traffic and they all take care of their gravel road. She said they don't mind a home going in but not split or subdivide for two (2)homes. Mrs. Earnhart said when Mr. Satterfield, purchased the lot, he had prior knowledge of the covenant restrictions. She said there was a lot of subdivisions going up now and the City would be setting a precedence, by not honoring the restricted covenants. She thanked the Council for listening and giving her the opportunity to speak to them. Carolyn Winstead spoke to the Council saying that she and her husband live on tract six(6) at 2105 Pleasant Acres. She said they wanted a place in the country, not a lot of neighbors and close to town. Mrs. Winstead said that was the reason they purchased a tract on Pleasant Acres Lane. She said Pleasant Acres was purchased by the Summerhills and surveyed by Satterfield Land Surveyors and plotted into seven(7)tracts in 1986. When Mr. Satterfield purchased tract number two (2)from the previous owner, he purchased one (1)tract and was well aware that it had been listed as one (1)of seven(7)tracts since 1986. If Mr. Satterfield's request was approved then anyone that owns a tract in Pleasant Acres would have the same opportunity to divide their tract. She said this would turn the neighborhood into somewhere she would not have chosen at all. She respectfully asked the Council to uphold the Planning Commission's decision not to allow the division of the tracts. She told the Council she appreciated their time. Alderman Swaim said based on statements by Attorney Bagby that there was a prior contract, he understood Mr. Satterfield did know about the contract before going to the Planning Commission. Alderman Swaim said that being the case, he withdrew his motion, saying that was for a Court of Law and not the Council's decision. Alderman Swaim seconded by Alderman Parker made a motion to uphold the Planning Commission's decision. On roll call the following Council members voted aye: Alderman Swaim, Parker, Dodd and Spoon. The following voted nay: none. On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF NORTHRIDGE PHASE VII (LOTS 189-213)AND PHASE VIII (LOTS 214-238) IN 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, Dodd and Spoon. And the following voted nay: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3-1-2004 CITY OF VAN BUREN,ARKANSAS • RESOLUTION NO. 3-I -2004 A RESOLUTION APPROVING FINAL PLAT OF NORTHRIDGE PHASE VII (LOTS 189-213) AND PHASE VIII (LOTS 214-238) 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 and that all requirements of the Planning Commission are met, Northridge Phase VII (Lots 189-213) and Phase VIII (Lots 214- 238)in the City of Van Buren,Arkansas,are 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 155 DAY OF MARCH,2004. MAYOR'JOEN Rkius' ATTESTED: 004-4,AiRKtpistamt C'I� bl; --3e, .1 C C VEA- On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF SULLIVAN- CRAWFORD TRACTS 1-4 IN THE FIVE MILE PLANNING JURISDICTION OF 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 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 aye: Alderman Swaim, Parker, Dodd and Spoon. And the following voted nay: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3-2-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 3-2, -2004 A RESOLUTION APPROVING FINAL PLAT OF SULLIVAN-CRAWFORD TRACTS 1-4 IN THE FIVE MILE PLANNING 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 and that all requirements of the Planning Commission are met, Sullivan-Crawford Tracts 1-4 in the five mile planning jurisdiction of the City of Van Buren,Arkansas,are 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 /611) DAY OF MARCH,2004. MAYOR JOHN RIG ATTESTED: Co/LA-k- cLVAoJA R I Next on the agenda 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 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, Dodd and Spoon. The Mayor declared the motion carried as there were four(4) 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 Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker, Dodd and Spoon. The Mayor declared the motion carried as there were four(4) 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Swaim, Parker, Dodd and Spoon. The mayor declared the motion carried as there were four(4) ayes and(0)nays. Four(4)votes being necessary for passage. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 5-2004 C PI'-WZLLvv11 LLI 0lw o��int U Ol' H>LL d .-SCO at A gaLt i30:14'_a a n- ' v 'c an WUy{n ai av Z d'W�QW H N� ICY wCT N bE m F< aE . C tH tl \--tiRuUY=U2.i0 o3 9 ill i1 ! hU g u,22a. WQHW C C��• ml Nz izZ z z=<cc oN 4Q d?t Q ,T4 1"'..ZZWGOz UEa1'.i -iE Z.0 476'�Wg "`-�j2=g= <V C4i t�� VO-'�C' CW � �a . � .n' ik 4111p57 aaiQ�j =..-y.��- y. Zz� � raz�<�� .,�ca`, r .5 1 It z ' Irri g 'oao ' !V U limn->Q$>3bs iAii Next on the agenda was a request from the Old Town Cruisers to close Main Street for the Annual Rod Run. Alderman Swaim seconded by Alderman Spoon made a motion to approve the request. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Spoon to appropriate the sum of $849770.11 to pay expenses and salaries for February 2004, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. 696.11482+ . 3-08-2004 10:51 AM 1,2 2 3.5?+ CITY OF VAN BUREN PAGE: 1 7 9,1 6 3 4- TRIAL BALANCE 4 8,6 1 6-3 d+ AS OF: FEBRUARY 28TH, 2004 10 -General Fund 2,3 a 18 6+ 1 9,2 6 9-2 5+ *** MONTH TO DATE *** `** YEAR TO DATE 3,044•37+ DEBITS CREDITS DEBITS CREDITS ACCT4 849,770-1II • - ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 17,439.96 141,303.93 1020.10 Cash in Bank - Sales Tax City 0.00 0.00 1020.18 Cash in Hank - PD Co Tax 11,802.10 51,525.24 1020.19 Cash in Bank - FD Co Tax 1,272.96 67,026.97 1020.27 Cash in Bank - Levee 0.00 394.17 1020.31 Cash in Bank - Parks & Rec 266.97 32,500.95 1020.51 Cash in Bank - Cemetery 70.32 2,465.09 1020.91 Cash in Bank - Cap Imp 77,373.01 214,604.80 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 &Rec 0.00 0.00 1040.51 Investments - Cemetery 2.44 48,507.59 1040.91 Investments - Cap Imp 0.00 907,8]6.3] 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 2,016.00 2,016.00 _ 2040 LOPFI Payable 9,059.10 4,054.10 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 1,097.15 1.,097.15 2135 R. Allen Trust 11502355610 40.00 40.00 2140 United Way Payable 0.00 0.00 2150 Parks &Rec. F.O.D. 5.00 125.00 2160 Pre-Paid Legal Services 61.85 61.85 295.00 295.00 2170 F.O.P. 2175 Van Buren Fire Fighters Union 429.89 429.89 2176 Van Buren Firemen Contribution 29.00 29.00 2177 Police Officers Union 230.00 230.00 2200 wage Payable 0.00 0.00 2210 Federal Income Tax W/H 17,918.42 17,894.30 Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. Next was time for miscellaneous and general discussion. There was none. There being no further business Alderman Swaim seconded by Alderman Spoon made a motion to adjourn. • The Council followed with a unanimous vote. The meeting adjourned at 7: 35 p.m. APPROVED: ATTESTED: • MAYto i- CITY CLERK-TREASURER