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06 June 2004 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD JUNE 21, 2004 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, June 21, 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, Moore, Dodd and Spoon. City Attorney Candice Settle- Beshears and City.Clerk Barbie.Curtis were also present. Alderman Barker was absent. This made a total of eight (8)present. A quorum was declared. The Invocation was given by retired Alderman Hill Alexander. Next the Mayor led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on May 17, 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,.Moore, Dodd and Spoon. The following voted nay:. none. On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF A PORTION OF 12TH STREET, ELM STREET AND TfIE ALLEY IN BLOCK 6 OF MCGEE ADDITION 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 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, 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6-1-2004 CITY OF VAN BUREN,ARKANSAS 6 RESOLUTION NO. I -2004 A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF A PORTION OF 12th STREET,ELM STREET AND THE ALLEY IN BLOCK 6 OF MCGEE ADDITION IN THE CITY OF VAN BUREN,ARKANSAS. WHEREAS, The Van Buren School District has petitioned the City Council of Van Buren, to vacate and abandon that portion of 12th Street between Block 6, 7, 8 and 9,that portion of Elm Street between Block 8 and 9,and the alley in Block 6,McGee Addition to the City of Van Buren. 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 July 19,2004, 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 a street 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 U DAY OF JUNE,2004. A YOr ICii ** ATTESTED: CITY CLERK/TREASURER 1 On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO CONTRACT WITH THE ARKANSAS MUNICIPAL LEAGUE FOR PROPERTY INSURANCE. 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, 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 City Clerk and impressed with the seal of the Cite. THE RESOLUTION WAS GIVEN THE NUMBER 6-2-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. �-?— -2004 A RESOLUTION AUTHORIZING THE MAYOR TO CONTRACT WITH THE ARKANSAS MUNICIPAL LEAGUE FOR PROPERTY INSURANCE. WHEREAS, The Mayor has advertised for bids for property insurance;and WHEREAS, No bids were received after notice was properly advertised;and WHEREAS, The Arkansas Municipal League will provide insurance to the City for $9,596.08;and WHEREAS, The Arkansas Municipal League is exempted from the competitive bidding requirement; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with the Arkansas Municipal League for property insurance in the amount of$9,596.08. PASSED AND APPROVED THIS es I DAY OF JUNE,2004. S\\ • MAYOR J 14:I = GGS ATTESTED: Com /41j)CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A SKID STEER LOADER FOR THE STREET DEPARTMENT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Swaim asked if the loader was a new item and what kind of loader it was. Bruce Coombes Street Foreman said the loader was a Caterpillar and was a new item. 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, Moore. 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6-3-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 6 -3 -2004 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A SKID STEER LOADER FOR THE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids for a skid steer loader,and WHEREAS, Two bids were received, one of which did not meet the required specifications for the piece of equipment;and WHEREAS, Riggs Rental Service submitted a bid for a piece of equipment meeting the required specifications in the amount of$20,900.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with Riggs Rental Service to purchase a Skid Steer Loader in an amount not to exceed $20,900.00, and the City Clerk is authorized to pay same out of the Street Fund. PASSED AND APPROVED THIS (S DAY OF JUNE,2004. Mt°'0V0' t RIC I ATTESTED: _ ° ( 1i � CITY SURER i On the agenda next was to consider A RESOLUTION DECLARING A S'T'RUCTURE TO BE A NUISANCE AND DECLARING CONDENLNATION. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Parker asked when a person lives out of state was there a certified letter mailed to them so the City had proof they were notified. Wesley Sandlin Code Enforcement Officer said they send a certified letter making sure that person had been notified. Alderman Swain 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, 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6-4-2004 CITY OF VAN BUREN,ARkANSAS RESOLUTION NO. 67.4 -2004 A RESOLUTION DECLARING A STRVE TURE TO BE A NUISANCE AND DECLARING CONDEMNATION. WHEREAS, Lydia and Frank Reed are the recd owners of certain property located in the City of Van Buren, Crawford County, Arkansas,which is located at 313 South 3'd Street,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.CA § 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 O-' DAY OF JUNE,2004. MAYOR:1 IRI S ATTESTED: 6eLlit1, Clc.►tLa_.� CITY CLERK\TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF FIXED ASSETS BY SEALED BID. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd 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, 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6-5-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 6-5 -2004 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF FIXED ASSETS BY SEALED BID. WHEREAS, The City of Van.Buren has several items which are beyond repair and are no longer needed by the City;and WHEREAS, After an inventory of Fixed Assets, it is recommended by our State Auditor that these items 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 dispose of the following assets by sealed bid and is authorized to remove same from the Fixed Asset ' Inventory: Department Amount Description Control# Fire $494.00 5 Bar stools FD1-154 Fire $905.00 3 Lane recliners FD1-165 Fire $227.00 2 Water beds FD3-91 &92 Fire $295.00 1 Hot point range FD1-164 Serial#LL101534H#1 Fire $950.00 3 Chairs FD1-209, 210,211 Fire $299.00 1 Lawn boy mower FD-185 Serial#7922238 Fire $299.00 1 Lawn boy mower FD-184 Serial#7922234 PASSED AND APPROVED THIS 00 DAY OF JUNE, 2004. t1� MAYO O? RI ATTESTED: CUAZi. CITY CLERK/TREASURER Next on the agenda was to consider AN ORDINANCE LEVYING A TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES FOR THE YEAR 2004 AND FOR THE PUBLIC LIBRARY. 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 resuiled: Ayes — Alderman Swaim, Parker, Moore, Dodd and Spoon. The Mayor 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 roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Dodd and Spoon. The Mayor 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. The Mayor declared the Ordinance open for discussion. There was none. The layor 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, Moore. Dodd and Spoon. The mayor declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Spoon, that the emergency clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 8-2004 «-s o cd °' a, oc8 c a, T ��Lc_a�vma o� e is a,++ 3 g�g — a i t'I 4 y1-&15-4egillg Z21°1172: Pie � gig 8 Z pc. „,g .-12 4-, 8 .ir sau la:. 1, 4-4 Q «0Oa N, Zi • aleis EL9is4a8 ,5aQi; iCiifllliI!9 c'.1 aCC WWCy00'Q Q1. C 4 LT r0� rONC C .r:.. .. Q OZ2 QCFHQ .s��'�� _� ��'��.�« _Oa TN�'�t� �'�'Z�:���.�t . W W.4145 .2 a moo. '- .i- ' "o rd-. p' aC �_Q` dOQ dCC`� a .tea .Cv�� N A O �, dif,0 11 ; ii/ 1 l m in_ snA lige 1 i,41.1.,v4x.„2E-,> . _ g�. . d N 2 .4�' ,.. way �' ,12a1 is Erg vsi.„ .+'" � C Z .. (� Z'O _.1} C i, t z O 1.�- i0 . cli t trg°ma c 0 111hrsA �a zg�� °r:�pui�F-ZWa Ly��i,o o�a�r� t~s Mfg . Qs- ik��mg.in G:Ra`io�7G»`S sii!iv'��i�irliga�' l: Mf? Next on the agenda was Appointments to Boards Commission. The Library Board recommended Kathy Hubbs be reappointed to the Library Board. Alderman Parker seconded by Alderman Swaim made a motion to approve the request. The Council followed with a unanimous vote. Next on the agenda was a request from the Van Buren Housing Authority recommending Lewis Ballard to serve on the Board of Commissioners for a five (5)year term beginning May 27,2004 ending May of 27, 2009. Alderman Swaim seconded by Alderman Moore made a motion to grant their request. The Council followed with a unanimous vote. Next on the agenda was a request from the Van Buren Historic District Commission recommending Dwight Hopkins and Ralph Irwin to serve on the Historic District Commission for another three (3)year term. Alderman Swaim seconded by Alderman Spoon made a motion to grant their 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 $967,960.98 to pay expenses and salaries for May 2004, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. F 7.O9r442;. 7a-A CITY OF VAN BUREN PAGE, 1 6'0?-2004'02..19 PN .� 1 ,R TRIAL BALANCE ~ is 2,1!(1,40.10 ,•.' 1 AS OF: NAY 31ST, 2004 10 -General Fund fi 461,414 k• ..• ••• ••• MONTH TO DATE • YEAR TO DATE +- ,� CREDITS DEBITS CREDITS ACCT6 '11'.;410_14i4:1:11 DEBITS ASSETS 967,9 b Q,'._9 4 .f 1 1000 Petty Cash 0.00 200.00 102,681.52 1020 Cash in Bank 81,808.20 0.00 0.00 1020.10 Cash in Bank - Sales Tax City 23,190.90 1020.18 Cash in Bank - PD Co Tax 6,421.93 3,261.34 53,550.17 1020.19 Cash in Bank - FD Co Tax 394.17 1020.27 Cash in Bank - Levee 0.00 73,208.06 • 1020.31 Cash in Bank - Parks &Rec 14,294.99 495.71 2,028.47 1020.51 Cash in Bank - Cemetery 312,522.72 1020.91 Cash in Bank - Cap Imp - 63,714.99 1040 Investments 2.53 2.53 0.00 0.00 • 1040.10 Investments - Sales Tax City 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 0.00 1040.19 Investments - PD Co Tax 0.00 0.00 1040.27 Investments - Levee - 0.00 0.00 1040.31 Investments - Parks &Rec 48,512.40 1040.51 Investments - Cemetery 2.45 1040.91 Investments - Cap Imp 0.00 909,012.40 0.00 0.00 1040.92 Capital Improvement CD 0.00 0.00 1050 Fixed Assets 0.00 1051 Accumulated Depreciation 0.00 0.00 0.00 1504 Due from Payroll 0.00 1505 Due From Other Funds 0.00 0.00 0.00 1520 Due from Street Fund 0.00 1540 Due From Library Fund 0.00 LIABILITIES AND FUND BALANCE ___________=___:_________._= 0.00 0.00 2000 Accounts Payable 0.00 2010 Municipal Health Ins. Payable 0.00 127.25 0.00 2030 Colonial Life Payable 2,275.00 2035 Credit Union-First Resource 0.00 0.00 0.00 2040 LOPFI Payable 35.28 2050 National Foundation Life Ins. 326.36 151.55 0.00 2080 Conseco Payable 0.00 2090 New York Life Ins. Payable 35.00 21.67 0.00 2100 Life Ins. of Georgia Payable 1,079.65 2130 Garnishments Payable 17.50 40.00 2135 R. Allen Trust 6502355610 0.00 0.00 , 0.00 2140 United Way Payable 140.00 5.00 2150 Parks &Rec. F.O.D. 0.00 2160 Pre-Paid Legal Services 0.00 0.00 0.00 2170 F.O.P. 471.96 7.45 2175 Van Buren Fire Fighters Union 29.00 2176 Van Buren Firemen Contribution 0.00 250.00 2177 Police Officers Union 0.00 0.00 0.00 2200 Nage Payable 15,139.16 885.36 2210 Federal Income Tax N/H Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. Mayor Riggs said he wanted to update everyone on the Phase VIII project, saving they were in full swing and were doing concrete work. The Mayor said the Street Department has been working hard trying to get the park beside the Depot opened. He said they are waiting on the sod to be put down. The Mayor said they were probably going to have another drainage project to bring to the Council in July. Alan Swaim with Field of Dreams spoke on the Babe Ruth World Series. Alan Swaim said it was the most incredible thing he had been involved in. He said the City had just taken this and ran with it. Alan Swaim said he wanted to thank the Street Department, Brad Baldwin City Engineer and Vivian Mitchell for all their help. Alan Swaim said the total pledge at the present was $207,270.00. He said they already have in hand $168,000.00. He said they have already paid their $40,000.00 to Babe Ruth Baseball and already paid for a lot of the Souvenirs. Mr. Swaim said they still have to pay for the canopy when the steel gets in. He said that would cost $22,000.00. Alan Swaim said he talked to Connie Hyatt, Deputy City Clerk and the balance of the Babe Ruth World Series Fund is $83,984.00. He said there were a lot of expenses still coming out of that most of that being Motel expenses. He said they still have to purchase the gift packages for the players. Alan Swaim said the projected income would partly come from Program Ad sales, Souvenirs, passes to the game and Banquet ticket sales. He said the Women's League had raised $9,000.00 to take care of the Banquet. Alan Swaim said they were going to have another Sports memorabilia auction the first week of August to continue to build momentum going right into the World Series. Alan Swaim said everyone had been working really hard and everyone had done a tremendous job. Alan Swaim said he would like to give each of the Aldermen a family pass to the World Series and also gave the Council members tickets for their spouse to the Banquet. Alderman Parker told Alan Swaim what a good job he had done with the Babe Ruth World Series. Alderman Spoon also told Alan Swaim what a good job he had done and he had heard so many good things about the work he was doing. Alan Swaim said he had known this was a wonderful place to live but this had been such a great experience and everyone had been so wonderful and helpful that he would never want to live anywhere else. • 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 adjournedat7: 30 p.m. APPROVED: ATTESTED: , ezejde.a.:)- MAYO 7 tr! CI Y CLERK-TREASURER