09 September 2004 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD SEPTEMBER 20,2004
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, September 20, 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, Spoon and Barker. City Attorney
Candice Settle-Beshears 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 Mr. David Swaim, owner of The Paper Clip.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on August 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, Moore, Dodd, Spoon and Barker. The following
voted nay: none.
On the agenda next was to consider an ORDINANCE ANNEXING CERTAIN LANDS THAT ARE
COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF VAN BUREN;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 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, Moore, Dodd, Spoon and Barker. 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 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, Spoon and Barker. 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 asked if there was any discussion. Alderman Spoon asked if
this would come in as existing zoning or would it come in as open zoning. Alderman Moore said he thought it
came in open. Alderman Swaim said it would come in as R-1 according to the Ordinance. Alderman Swaim said
any changes would come back as a rezone.
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, Moore, Dodd, Spoon and Barker. The Mayor declared the motion carried by a
unanimous vote of the Council.
Motion was made by Alderman Swaim and seconded by Alderman Spoon, that the emergency clause be
adopted. On the Clerk's calling the roll the following vote resulted: Ayes: Alderman Swaim, Parker, Moore,
Dodd and Spoon. Alderman Barker voted nay. The Mayor declared the motion carried as there were five(5) ayes
and(1)nay. Four(4)votes being necessary for passage. The Mayor then declared the Ordinance duly passed and
signed same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 12-2004
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On the agenda next was to consider A RESOLUTION AUTHORIZING THE TRANSFER OF
OWNERSHIP, MAINTENANCE, AND OPERATION OF INTERSTATE LIGHTING TO OKLAHOMA
GAS & ELECTRIC. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion.
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, Dodd, Spoon 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 9-1-2004
CITY OF VAN BUREN,,/ARKANSAS
q
RESOLUTION NO. —I -2004
A RESOLUTION AUTHORIZING THE TRANSFER OF OWNERSHIP,
MAINTENANCE, AND OPERATION OF INTERSTATE LIGHTING TO
OKLAHOMA GAS&ELECTRIC.
WHEREAS, That the construction of Interstate 540 (within the city limits of
Van Buren)was completed and final inspection made by the State
of Arkansas Highway & Transportation Department (AHTD) on
November 19, 1975,and;
WHEREAS, That on November 19, 1975, the responsibility for ownership,
maintenance, and operations of the area lighting along Interstate
540 (within the city limits of Van Buren) was transferred by the
AHTD to the City of Van Buren,and;
WHEREAS, That the City of Van Buren now desires to transfer ownership,
maintenance, and operation of said lighting to Oklahoma Gas &
Electric,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 11th
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The ownership, maintenance, and operation of lighting located
along Interstate 540 within the city limits of Van Buren is hereby
transferred to Oklahoma Gas&Electric Company.
PASSED AND APPROVED THIS a( AY OF SEPTEMBER,2004.
MAYO JOHN RI
ATTEST:
Iiia
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF LOWE'S
ADDITION, LOTS 1-6, 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, Moore, Dodd, Spoon 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 9-2-2004
CITY OF VAN BUREN
�,ARKANSAS
RESOLUTION NO. "l' ` -2004
A RESOLUTION APPROVING FINAL PLAT OF LOWE'S ADDITION,LOTS 1-b
$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, that all requirements of the Planning Commission are met, and
upon the tender of$55,035.43 to be placed in a special fund for the
future extension of Rena Road East,Lowe's Addition,Lots l in
the City of Van Buren,Arkansas,is approved. b
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 MD DAY OF SEPTEMBER,2004.
MAYOR la HN RI ern-4P
ATTESTED:
%60A
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF
THROCKMORTON CORNER WITHIN THE FIVE MILE PLANNING JURISDICTION OF THE CITY
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, Dodd, Spoon 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 9-3-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. q-3 -2004
A RESOLUTION APPROVING FINAL PLAT OF THROCKMORTON CORNER
WITHIN 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,
Throckmorton Corner within the five mile planning jurisdiction of
the City of Van Buren 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 otO DAY OF SEPTEMBER,2004.
C ��
MAYOICJOHN
ATTESTED:
�lY JJ ar C�%u l t ev
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION APPROVING REPLAY OF BUTTERFIELD
ADDITION, LOTS 95A, 95B AND 95C, IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the
Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Barker asked if there was only
a fifteen(15)feet setback off Laura Lane. Attorney Phillip Bagby, Vice Chairman of the Planning Commission
said he didn't recall and said to the Council if he could address something else, maybe he could cut to the chase.
Attorney Phillip Bagby said when a plat like this is presented to the Planning Commission for a lot split it was
almost a routine act, if it complies with the Ordinances. Attorney Bagby said if the split meets all the requirements
they don't have any choice but to allow it to go through. Attorney Bagby said the objections they had heard was
that it was going to violate their restrictive covenant which prohibits the subdivision into the smaller three (3)tract
subdivision of the existing lot. He said as they well know that the Planning Commission does not have the right to
restrict or limit based on restrictive covenants, he said that is a separate issue that happens when they buy a house.
He said it was in compliance with what the Planning Commission required. Attorney Bagby said the concerned
citizens were not bound by the same limitations. Attorney Bagby said they were limited in what they can deny or
cannot deny. Alderman Swaim said the re-plat complies with their Ordinance and he made the motion to adopt it
as it is. The Mayor said the City does not have any authority over a restrictive covenant. Alderman Moore asked
what the City Attorney thought in regard to the re-plat. She said the Planning Commission had made a decision
recently on a proposed split which violated the terms of the covenant. The Commission had been brought
knowledge of the restrictive covenant. Attorney Settle-Beshears said she had advised the Commission at that time
that because the Commission was aware of the restrictive covenant it would be a problem to go ahead and approve
the re-plat, knowing it would cause a Civil problem. Alderman Swaim said he differed with the City Attorney
saying it was not based on the restrictive covenant. He said they were told there was a valid contract pertaining to
that property. Alderman Swaim said that City Attorney Settle-Beshears and Attorney Bagby had advised they
abide by the legal contract. Alderman Swaim said the Council was not bound by a contract. Alderman Barker
asked what the setback requirements were on Laura Lane. City Inspector, David Martin said fifteen(15)feet was
the setback. Alderman Spoon asked if there was a drainage problem. Attorney Bagby said drainage was an issue
that was brought by the citizens to the commission. Attorney Bagby said the City Engineer, Brad Baldwin had
looked at the drainage issue and asked him if he had found any problems. The City Engineer said there were
problems with the pump station. Alderman Moore asked City Engineer, Brad Baldwin is there were sewage
issues. Mr. Baldwin said the Manager of the Trail Blazer apartments said the lift station overflows from time to
time and were concerned with the problems it would cause by adding more dwellings. Attorney Bagby said what
was presented on that issue was that there had been problems already with the lift station and had been a cost to the
Water Department and had not been corrected. Attorney Bagby said if they turn around and sub-divide the
property that would present even a greater burden. Attorney Bagby said the question was whether they divide the
lot from one (1)lot to three (3) lots would that make a significant burden on the lift station. Alderman Moore said
he did not see how the lot got zoned R-2 when the street should have been a natural boundary. He said if you put
three (3)buildings in that area they would stand out among the people who have investments and single dwelling
homes there. Attorney Bagby said one problem they saw when they were presented with those restrictive
covenants was that in 1982 when those were filed it states if you build a duplex it must be a certain size. He said
in 1982 they were obviously contemplating duplexes since they limited what size they were to be. Attorney Bagby
said the question would be, could they only put one (1) duplex on the lot or can they sub-divide the lot and build
(3) duplexes on it. Alderman Barker said that would be basically six(6)families on that lot. Alderman Moore
said that was a lot of families. He said the intersection on North 281 and Laura Lane has a lot of traffic and was
becoming a big intersection with part of the street going down a hill. Alderman Swaim said they have odd zonings
like that all over town. Alderman Moore said he hopes in the future they are more careful about the planning of
the City. Alderman Spoon said they were talking contract and legal and asked where they stood legally. City
Attorney Settle-Beshears said the Council was not bound by the restrictive covenants. She said there were specific
procedures that they follow pursuant to the City Ordinances. Alderman Spoon said then everything that is done
here is correct and legal. City Attorney Settle-Beshears said yes and she thought Attorney Bagby was trying to
point out that the Council had brought a discretion in making a determination on these issues than merely
following procedures. Alderman Moore asked if it would be right to change the Ordinance in order to stop the re-
plat. Attorney Settle-Beshears said she felt like the Council has the discretion to make a reasonable decision based
on the facts being taken into consideration. Alderman Swaim said they would be setting precedence anytime they
started adjusting things and he said he did not approve of that. He said it had come to them in a proper manner that
they have for years and years and complies with every part of the Ordinance. Alderman Swaim again made a
motion that they approve the re-plat as it was presented.
The Mayor asked if anyone wanted to speak about the re-plat. Mr. Darral Sparkman spoke saying he had talked
with David Martin, Building Inspector, Alderman Swaim and Alderman Jim Barker and they clearly stated to him
that the City Council does not deal with covenants. Mr. Sparkman said then he could read between the lines, and
he knew what he needed to do. He said they planned for another plan of action and he wanted to thank Mr. Martin,
Mr. Swaim and Mr. Barker for being so nice to him and listening to his gripes. j
Doris Tounzen said they have always had problems with the drainage at the Trail Blazer Apartments. The
company that owns the Trail Blazer Apartments had spent about $40,000 putting in bigger pipes. Mr. Billy
Tounzen said they have just now got the water where they can live with it. Mr. Tounzen said what followed now
were big rains and if we add more people it will just create more problems. Mr. Tounzen said beside the office
there was raw sewage in the ditch and you can smell it. Mrs. Tounzen said she had fought with the pump station
for the last year and a half. She said the Water Department had been out there and put pop-up valves in, so the
sewage would run out in their yard and into a state ditch. Mrs. Tounzen said she was worried about the water and
about the sewage. She had talked with Harold Beavers about the problem and they came out this summer and re-
did the ditch. She said there was a lot of water and sewage coming off the hill and water has gone into
Brownwood Manor before. Mr. Tounzen said he didn't know what could be done. He said the pump station was
doing all it could do. He said the City Water Department had worked until about one o'clock in the morning trying
to unstop the lines. Mrs. Tounzen said she didn't care what that built they were just concerned about the sewage
and water. Mr. And Mrs. Tounzen thanked the Council for listening.
Alderman Spoon asked to table this matter until they could study it further. The Mayor said they had a motion
to approve. Alderman Parker said she would feel better if they table the matter until they heard something from
the Water and Sewer Department about their plans. Alderman Swaim said he withdrew his motion.
Mr. Ronnie Hawkins representing the developer Mack Hale spoke. He said the complaint was made before
they went to the Planning Commission. He said they had looked at the pump problem and discussed it with Gary .
Smith, chairman of the Sub-Division Review Committee who looks at the subdivision before it is reviewed by the
Planning Commission and was presented a report showing the capacity of the pumping was adequate to take care
of the existing sewage that goes into it and the proposed three (3) duplexes. Mr. Hawkins said Mr. Smith had told
him the problem with the pump station was the grease and such that was going into it and was controlled by a float
system and balls that determined when the pumps go on and off He said the balls continuously get clogged with
grease and grime. He said that doesn't make it less of a problem for Mrs. Tounzen but was not a capacity issue.
Mr. Hawkins said in regard to water he had not heard of a problem in that area. Mr. Hawkins said the issue had
been reviewed by the Water and Sewer Department. Mr. Hawkins said he did not believe the water drainage was a
problem. Mr. Hawkins said on behalf of their client Mr. Hale they asked for the approval of the Council of the
sub-division as presented.
Alderman Spoon told Mr. Hawkins it wasn't a matter of wanting to approve or disapprove, it was just a matter
of an issue that needed to be looked at and corrected. Mr. Hawkins said his point was it had been through the
process and reviews already. Alderman Parker asked Mr. Hawkins about the capacity issue. Mr. Hawkins said
that was not the issue according to the numbers they had run and the comments from Mr. Smith with the Water and
Sewer Department. Alderman Moore said even if it wasn't a capacity problem if the six (6) additional households
dump more grease, it will make it even worse until the Water and Sewer Department corrects the problem. Mr.
Hawkins told the Council they would accept the tabling of the re-plat until next month if they would feel more
comfortable with checking the matter out with the Water and Sewer Department. Motion was made by Alderman
Parker and seconded by Alderman Moore to table the Resolution until later. On the Clerk's calling of the roll the
following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the following voted nay:
none. The Mayor said the motion carried and they would table this until next month.
On the agenda next was to consider A RESOLUTION DECLARING A STRUCTURE TO BE A
NUISANCE AND DECLARING CONDEMNATION. 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: Alderman Barker.
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 9-4-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -LI -2004
A RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND
DECLARING CONDEMNATION.
WHEREAS, The Marlin Dixon Revocable Trust is the record owner of certain property located
in the City of Van Buren, Crawford County, Arkansas, which is located at 309
Fayetteville Road,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 repair or 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,the vehicle on the
property removed and the structure(s)shall be repaired or removed within 30 days
of the receipt by the owner of this Resolution.
PASSED AND APPROVED THIS 604-k-, DAY OF SEPTEMBER,2004.
MAY 411 JOHPaZ
ATTESTED:
4h1-1:Le—
CITY CLERK\TREASURER
On the agenda next was to consider A RESOLUTION APPROVING AN INCREASE IN THE
CONTRACT PRICE FOR THE ELM STREET DRAINAGE IMPROVEMENTS PROJECT. The Clerk
read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Spoon asked Brad
Baldwin, City Engineer about the yard cleanup that was to be done. Mr. Baldwin said they increased the amount
of sod and ditch work done. Alderman Dodd said it seems like a lot of the time lately there has been an increase in
the cost of the contracted price. The Mayor said Brad Baldwin, City Engineer was doing a great job. Mayor Riggs
said there were some things like sod for the drainage ditch that needs improving and that was where the extra cost
came in. The Mayor said sometimes you don't know everything you need until you get into the project. Alderman
Spoon said he just wanted a clarification of what they had done. Alderman Moore said the project was a very
significant improvement and should control the mosquitoes a little better. Alderman Swaim said that it was the
biggest improvement that he had seen in a long time. 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, Spoon 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 9-5-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -.f -2004
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR THE
ELM STREET DRAINAGE IMPROVEMENTS PROJECT.
WHEREAS, The Mayor advertised for bids for the Elm Street Drainage Improvements
Project and the bid of Wilson Brothers Construction Company, Inc., was
accepted by the Council;and
WHEREAS, The original contract price of$109,137.00 was previously approved by the
Council;and
WHEREAS, The final contract price for the construction has been determined to be
$120,882.00,leaving a balance of$11,745.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the increase of $11,745.00 to the Contract with Wilson Brothers
Construction Company, Inc., for the Elm Street Drainage Improvements
Project is hereby accepted.
PASSED AND APPROVED THIS,'Q' DAY OF SEPTEMBER,2004.
•
MAYO'UGHN ' let"?
ATTESTED: /� _1
CITY
JCLERK/TREASURER
On the agenda next was to consider A RESOLUTION APPROVING THE SALE OF FIRE
DEPARTMENT PROPERTY THAT WAS PREVIOUSLY REMOVED FROM FIXED ASSETS. 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, Spoon 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 9-6-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. ' p -2004
A RESOLUTION APPROVING THE SALE OF FIRE DEPARTMENT
PROPERTY THAT WAS PREVIOUSLY REMOVED FROM FIXED ASSETS.
WHEREAS, The Fire Department has advertised for bids for the sale of fire
department property that was previously removed from fixed assets
upon the recommendation of the auditors and pursuant to
Resolution 6-5-2004;and
WHEREAS, One bid was received after advertisement;and
WHEREAS, The Council feels that the bid should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS:
SECTION 1: That the bid of $10.00 for the following property from Jerry
Gentry is hereby accepted:
Description Control#
5 Bar Stools FD1-154
3 Lane Recliners FD1-165
2 Water Beds FD3-91 &92
1 Hot Point Range
(Serial#LL101534H#1) FD1-164
3 Chairs FD1-209,210,211
1 Lawn Boy Mower
(Serial#7922238) FD-185
1 Lawn Boy Mower
(Serial#7922234) FD-184
PASSED AND APPROVED THIS OZO` — DAY OF SEPTEMBER,2004.
b�0RIGGS
ATTESTED:
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION SUPPORTING ARKANSAS CONSTITUTIONAL
AMENDMENT 2. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion.
Mr. Dorvan Wiley, with the Chamber of Commerce spoke asking the Council to support Amendment 2.
Alderman Parker 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, Dodd, Spoon 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 9-7-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. q— i -2004
A RESOLUTION SUPPORTING ARKANSAS CONSTITUTIONAL
AMENDMENT 2.
WHEREAS, the public policy decisions of the Arkansas Legislature impact
every citizen of the state, both private and corporate, and
ultimately determine to a great extent the level of prosperity and
achievement enjoyed by Arkansas citizens;and
WHEREAS, the inability to adequately fund the infrastructure related costs
associated with a super project in Arkansas creates a competitive
disadvantage in economic expansion, and other southern states
have enjoyed the economic benefits of locating a super project
resulting in the loss of opportunity for economic development and
expansion in Arkansas;and
WHEREAS, the location of a super project creating a minimum of 500 jobs with
a capital investment of$500,000,000 will increase the quality of
life of the citizens of Arkansas;and
WHEREAS, super projects require large up-front commitment of funds for
infrastructure such as water/wastewater capacity,rail access,and
connection of roads to interstate highways and utilities;and
WHEREAS, the Arkansas Legislature has wisely offered the Arkansas
electorate the opportunity at the November 2004 general election
to amend the Arkansas Constitution to allow the Arkansas General
Assembly,meeting in regular or special session,the authority to
approve general obligation bonds,not to exceed five percent(5%)
of state genual revenues, to fund an economic development
project investing a minimum of five hundred million dollars
($500,000,000) and creating a minimum of five hundred (500)
jobs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN:
SECTION 1: That the City Council and its membership endorse and support the
proposed Amendment 2 to the Arkansas Constitution;and
SECTION 2: That the City Council resolves to educate its membership about the
necessity of Amendment 2 to the economic development benefits
of a super project locating in Arkansas and supporting the cause
Amendment whenever and however possible in the coming year,
including through educational seminars,coprmunication through
newsletters and other means,providing information on its website,
encouraging members to financially support the Amendment 2
campaign,and encouraging members to vote;and
SECTION 3: That the City Council authorizes the Arkansas Economic
Developers to use our name while supporting the cause of
Amendment 2 during the campaign.
PASSED AND APPROVED THIS ow DAY OF S ifur b 2,2004.
MAYOR }HN RI
ATTESTED:
CITY CLERIC TREASUER
On the agenda next was to consider A RESOLUTION AMENDING RESOLUTION 12-3-1998. 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, Spoon 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 9-8-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. A-g -2004
A RESOLUTION AMENDING RESOLUTION 12-3-1998.
WHEREAS, Resolution 12-3-1998 provided necessary authorization for certain
individuals to sign signature cards with each of the banks utilized by the
City of Van Buren for city business;and
WHEREAS, Those authorized include Mayor John Riggs, City Clerk-Treasurer Barbie
Curtis,and Administrative Assistant Vivian Mitchell;and
WHEREAS, The Council believes it is necessary to authorize an additional individual;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That Deputy City Clerk Connie Hyatt is hereby authorized and directed to
sign signature cards with each of the banks.
PASSED AND APPROVED THIS uku DAY OF SEPTEMBER,2004.
2._ —
MAYJOHN kI ell".
T9
ATTESTED: �1
41)11,t-Liz-, C.L
CITY CLERK/TREASURER
On the agenda next was a discussion of Ordinance 16-2000. Teresa Carver, 4-H Leader, was asking the
Council to change the Ordinance. Mrs. Carver said when they first got the Ordinance they had to have all the
property owners adjoining their property to sign a form saying it was all right for them to raise their goats. She
said one of the neighbors that lives in the county does not want to sign the form this time. Mrs. Carver asked the
Council if the intentions were for all the abutting property owners including the ones in the county to sign the
form. She said they need some clarification of the Ordinance since one property owner that adjoins her property
does not want the children to be able to show their goats and sheep. She said the Ordinance states adjoining
property owners and since she lives on the very edge of the City that becomes a problem. Mrs. Carver said as of
now the Ordinance says adjoining property owners, but she would like the Ordinance to clarify if that includes the
County. She said Wesley Sandlin Code Enforcement Officer had been there to her property many times and there
is never any sanitary problems. Mrs. Carver said since one person in the county does not want to sign and that
does mess up their chances of continuing their 4-H project. Mrs. Carver said she would like to see them be able to
continue their projects. She said two (2) of her children had graduated one received a four(4)year all expense
paid scholarship and one (1) with a 4-H scholarship based from these projects and they would like to be able to
continue with the project.
The Mayor recommended they look at the Ordinance to see what needs to be done and bring it back next
month. Mrs. Carver asked if the animals could stay there at the present time. City Attorney Candice Settle-
Beshears asked when the permit was issued. Mrs. Carver said the permit was issued until March or April of next
year. She said they had just withdrawn permission within the last six (6) weeks. The City Attorney said if there
was written permission at the time the permit was issued then it should be valid for the remainder of the period.
Alderman Moore said he thought it was for the property owners who lived in the City. Wesley Sandlin Code
Enforcement Officer said the property owners in the County could have what they wanted right next door to a
property owner in the City. Mr. Sandlin said his concern was for the citizens of Van Buren having to have the
property owners in the County sign for anything. Alderman Moore said they have no jurisdiction in the County.
Alderman Swaim said they do not have any authority in the County. The City Attorney said it would not stand up
in Court worded the way it is. She said the Ordinance needed to be more specific. Alderman Moore said the
Ordinance needed to be clearer to state the property owners in the City. Alderman Moore seconded by Alderman
Swaim made a motion to amend the Ordinance. On the Clerk's calling of the roll the following voted aye:
Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the following voted nay: None. The Mayor said
they would have it next month.
Next on the agenda was a recommendation by the Van Buren Advertising and Promotion Commission to
approve the appointment of Pam Scheurer, general manager of the Hampton Inn, to fill the remainder of Jean
Ellyne Dougan's term. The term will expire September 20, 2006. The Van Buren Advertising and Promotion
Commission also recommended Judy Steward to serve another four(4)year term. Motion was made by Alderman
Parker and seconded by Alderman Swaim 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 Parker to appropriate the sum of $1,147,011.39 to pay expenses and salaries for August 2004, presented
by the City Clerk Treasurer. The Council followed with a unanimous vote.
0.,
9-07-2004 01:19 PM - CITY OF VAN B URE Y
1.002,613.9'3.
PAGE: 1
2.4 4 6.14♦ TRIAL BALANCE
81,933.94, AS OF: AUGUST 31ST, 2004
10 -General Fund 56.606.16•
2.44.3•.:7 ..
1.000.514' •39734TH TO DATE ••• ••• YEAR TO DATE •••
ACCT$ 006 DEBITS CREDITS DEBITS CREDITS
1.147,011.39.*
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 43,133.20 202,994.69
1020.10 Cash in Bank - Sales Tax City 0.00 0.00
1020.18 Cash in Bank - PD Co Tax 3,595.34 28,941.47
1020.19 Cash in Bank - FD Co Tax 2,175.10 39,195.01
1020.27 Cash in Bank - Levee 0.00 3,094.17
1020.31 Cash in Bank- Parka 4 Rec 18,419.24 85,403.23
1020.51 Cash in Bank - Cemetery 18.85 2,442.39
1020.91 Cash in Bask - Cap Imp 95,597.28 240,559.01
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 Investment. - Levee 0.00 0.00
1040.31 Investments - Parks 4 Rec 0.00 0.00
1040.51 Investments - Cemetery 0.00 48,517.38
1040.91 Investments - Cap Imp 0.00 910,152.61
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 FOND 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 2,556.00 2,556.00
2040 LOPFI Payable 0.00 0.00
2050 National Foundation Life Ina. 0.00 35.28
2080 Coeseco Payable 0.00 0.00
2090 Nes York Life Ins. Payable 0.00 • 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 845.16 845.16
2135 R. Allen Trust 8502355610 40.00 40.00
2140 United Nay Payable 0.00 0.00
2150 Parks 6 Rec. P.O.D. 5.00 155.00
2160 Pre-Paid Legal Service. 0.00 0.00
2170 F.O.P. 0.00
0.00
2175 Van Buren Fire Fighters Dnion 505.96 505.96
2176 Van Buren Firemen Contribution 0.00 0.00
2177 Police Officers Union 270.00 270.00
2200 Wage Payable 0.00 0.00
2210 Federal Income Tax N/H 15,196.85 15,172.73
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
There being no further business Alderman Swaim seconded by Alderman Parker made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 8:05 p.m.
APPROVED:
ATTESTED: Q
1
(t�-LSL MAY
IC1)-(i)
CITY CLERK-TREASURER