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12 December 2004 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD DECEMBER 20, 2004 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, December 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 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 Lamanda Blount, Miss Van Buren High School. Next the Mayor led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on November 15, 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 A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2005. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Swaim made a request for an amendment in the Street Department budget where there was a request for a backhoe, tractor and a dump truck. Alderman Swaim said he proposed to buy two(2) dump trucks and two (2)tractors. He recommended they take $78,000.00 from Phase IX Street Project to purchase the additional two (2)items. Alderman Swaim said we have annexed all the islands in the City and have had several sub-divisions to come in also. He said someday they would have bad weather and need the equipment. The Mayor asked if there was any further discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted as amended. 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 12-1-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I o`? - / -2004 A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31,2005. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: THAT the 2005 Proposed Expenditures of $11,629,718.00(Eleven Million,Six Hundred Twenty-Nine Thousand, Seven Hundred Eighteen Dollars)is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof; and SECTION 2: THAT the appropriations made herein include additional pay for holidays for all agents,servants, and employees of the City of Van Buren, including, but not limited to, uniformed employees,as provided for by the laws of the State of Arkansas. PASSED AND APPROVED THIS o<© DAY OF abe ee i ;2004. :).46 • ATTSTEnnD: 46-Gid-,, 6141/2 CITY CLERK-TREASURER 3 On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO TRANSFER AN EASEMENT OWNED BY THE CITY OF VAN BUREN. 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 12--2-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. la-6)-- -2004 A RESOLUTION AUTHORIZING THE MAYOR TO TRANSFER AN EASEMENT OWNED BY THE CITY OF VAN BUREN. WHEREAS, That Simmons Foods owns certain property with improvements in the City of Van Buren;and WHEREAS, That the City of Van Buren has a utility easement over property owned by Simmons Foods;and WHEREAS, A building located on the property currently is constructed on the easement and Simmons Foods desires the easement to be released; and WHEREAS, All other utilities have approved the release evidenced by the attached document;and WHEREAS, That the City Council believes it to be in the best interest and public welfare of the citizens and residents of Van Buren to transfer and release any right or interest to the portion of real property described below,along with the improvements thereon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: THAT the City Council hereby authorizes the Mayor to transfer and release the easement over the following property: Part of Lot 17,Twin Circle Commercial Center Phase I an Addition to the City of Van Buren,Crawford County,Arkansas,as filed for record August 7,1979,in the recorders records of Crawford County,Arkansas,more particularly described as follows: Commencing at a found one-half inch diameter rebar at the Northeast Corner of said Lot 17;thence North 88 degrees 50 minutes 00 seconds West,549.48 feet along the North line of said Lot 17 to a found one-half inch diameter rebar at the point of beginning;thence leaving said North line,South 01 degrees 07 mimes 35 seconds West,10.0 feet;thence North 88 degrees 50 minutes 00 seconds West,331.65 fed parallel with the North line of said Lot 17 to the West line of said Lot 17 and a curve concave to the Southeast having a radius of 562.38 feet;thence Northeasterly,12.37 feet along the West line of said Lot 17 - and along said curve through a central angle of 01 degrees 15 minutes 35 seconds and a chcufbearins North 37 degrees 11 minutes 46 seconds East 12.37 feet to a found one-half inch diameter rebar at the Northwest Corner of said Lot 17;thence South 88 degrees 50 minutes 00 seconds East,354.37 feet along the North line of said Lot 17 to the point of beginning. Contained within said bounds,3,580 square feet or 0.082 aces,more or less. SECTION 2: That the Mayor is authorized to execute whatever documents necessary to effectuate the release and transfer of said real property and the improvements situated thereon. PASSED AND APPROVED THIso-ID DAY OFt % t:ER,2004. MAYOR j t HN RIGGS A TED: CITY On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF NORTHRIDGE, PHASE IX & X, 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 12-3-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. a.3 -2004 A RESOLUTION APPROVING FINAL PLAT OF NORTHRIDGE,PHASE IX& X,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 IX&X,in 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 o'� DAY OF DECEMBER,2004. MAY041CL RI ATTESTED: 4&PaA-1.-L CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION APPROVING REPLAT OF BUTTERFIELD ADDITION, LOTS 95A & 95B, 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 Parker 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, 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 12-4-2004 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I `I -2004 A RESOLUTION APPROVING REPLAT OF BUTTERFIELD ADDITION,LOTS 95A&95B,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, the replat of Butterfield Addition, Lots 95A& 95B, in 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 po,O D Y OF DECEMBER,2004. 47C--Th MAYOR,1( HN RIGGS ATTESTED: L&-eUULLZl ��'id� CITY CLERK/TREASURER On the agenda next was to consider an ORDINANCE APPROVING THE PURCHASE OF A NEW FIRE TRUCK, APPROVING SHORT-TERM FINANCING, WAIVING COMPETITIVE BIDDING, DECLARING AN EMERGENCY, AND FOR OTHER MATTERS. 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. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Dodd 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, Spoon and Barker. The Mayor declared the motion carried as there were six (6) ayes and (0) 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 16-2004 y i..0 —s z t ;,0t00.0..4. . .4-cr.... . �.y.i+C�.._O C a. zbi y _ W O o m tM .O._fh C G O)V Vl _,q+y La roc-dW551 N11.6«�o� 90 1 20 12111 � tO. n 2�Efai3co�a �o�',�P�o�f"i ,coa�'Egg; ai, �. a�cFoa+c ���� oiNE°g.42t zi5R cEc=ag Egg; 2ir P 1.101 u2i o � oocoF pe E1 �'�oe � � E � o 8 NyrortErgg0,1a`i N yc <�� +cdeNie. , -1g4042.5€ -ggig. C< _ Egi za W co "� t«FE�ua '°o 2b Ft }+ o u� ,� LLt n�r3��^d, '�� V 2, ' to . fi1i;1 Za.a'$ 131 ' e 4 PR as2'a c 'ic tonA E Wkt t t rr' " . On the agenda next was to consider an ORDINANCE SETTING THE SALARIES OF THE MAYOR, CITY ATTORNEY, CITY CLERK-TREASURER AND DISTRICT JUDGE. 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. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Spoon 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 as there were six(6) 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 by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 17-2004 CITY OF VAN BUREN.AR- KANSAS — , uire AN ORDNANCE NO THE SALARIES OF THE MAYOR, CITY cn t -A AND DISTRICT JADE. WHEREAS, The City Council desires to grant a 3%cost of living increase for the Mayor, City Attor- ney, City Clerk-Treasurer, and District Judge, which would be reflected on the city payroll for January 15, 2005. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS SECTION 1: THAT begin- Jan- uaryn the 1st d2005, thesalary of the Mayor, City Attorney, City Clerk-Treasurer, and District Judge shall be as follows: MAYOR $54,858.00 CITY ATTDMIEY $52,191.00 CCIT/Y��77 CLERIC TREAS. Mite JUDGE TTHHA9TBsaid salaries shall be paid in semi-monthly payments with exception of the District Judge who is paid in monthly pay- ments. PASSED AND APPROVED THIS 20TH DAY OF DECEM- Y2004 MA�ORJOHN RIGGS Ai i t t et):BARBIE CURTIS CITY CLERK-TREASURER. Published in the Decem- ber 25, 2004 issue of the Press Argus-Courier. On the agenda next was to consider an ORDINANCE AMENDING ORDIANCE NO. 24-2001, GRANTLNG RAZORBACK CAB COMPANY A PERMIT TO OPERATE A TAXICAB SERVICE LN THE CITY, WAIVING A PUBLIC HEARING, DECLAING AN EMERGENCY, AND FOR OTHER MATTERS. 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 Parker. 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 Parker. 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. Carol Webb spoke for Razorback Cab. She said their office was located in Fort Smith and citizens from the Van Buren area call for service. She said she didn't understand the Ordinance and why they couldn't operate in the City of Van Buren since their office was in Fort Smith. City Attorney Candice Settle said the main reason was to be able to•do background checks on the drivers and make sure they are permitted to operate in the City of Van Buren, also know the location and owners. She said they have an obligation to the citizens of Van Buren to make sure they are insured and who would be driving them around. City Attorney Candice Settle asked if the fees were the problem. • Carol Webb said the fee was the problem. She said if they pay the fees here they would have to do the same all • over the area. Alderman Parker asked if maybe they could reduce the fees. Ms. Webb said if they paid here then everyone else would expect them to pay. She said they didn't want to pay any fees. Ms. Webb said they could supply all the information the City of Van Buren wanted on the drivers and cabs. Alderman Swaim made a motion to wave the fees for Razorback Cab, since they have serviced Van Buren residents for many years. City Attorney Candice Settle asked about the surety bond being waved too. 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 as amended to wave the fees and the surety bond for Razorback Cab. 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. Motion was made by Alderman Swaim and seconded by Alderman Dodd, that the emergency clause be adopted. 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) 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 18-2004 :fitillge:BIII sails it ii 1IWRihiilllPi1 Nme. I 18 116 i � l ail �., i :NJ - g 1 11141112P I E.4:'' ''`ii*1r iplitzititlIll l _ smt n 8= if 14 1 40 1 gIi 11 ii 1IJIiI1 r� - , , !si 1164: X11 ° iS I. n. ; On the agenda next was time for Boards and Commissions. Van Buren Municipal Utilities recommended Jim Williamson to serve another term ending January 2013. Alderman Swaim seconded by Alderman Parker made a motion to grant their request. The Council members followed with a unanimous vote. Fairview Cemetery Board recommended Nora Miller to serve another term. Alderman Swaim seconded by Alderman Parker made a motion to grant their request. The Council members followed with a unanimous vote. A &P Commission recommended Tammy Best to serve in Renee Baldwin's position. The term will expire on September 20, 2005. Alderman Parker seconded by Alderman Swaim made a motion to grant their request. The Council members 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 $881,132.60 to pay expenses and salaries for November 2004, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. �- �- 774,1439•79+ 2'98•9:4+ 12-06-2004 11:04 PM 85,612.42+ CITY OF VAN BUREN PAGE: 1 11.030.07+ TRIAL BALANCE 2,490•42+ AS OF: OCTOBER 31ST, 2004 6,495.154 ;. 10 -General Fund 1,024•51+ +" MONTH TO DATE "♦ •" YEAR TO DATE "• ACCT# ACCOUNT as 1,1 32•60*+ DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 73,847.88 231,134.56 1020.10 Cash in Bank - Sales Tax City 0.00 0.00 1020.18 Cash in Bank - PD Co Tax 15,280.50 26,591.04 1020.19 Cash in Bank - PD Co Tax 18,646.98 43,095.49 1020.27 Cash in Bank - Levee 600.00 1,894.17 1020.31 Cash in Bank - Parks & Rec 148.96 82,331.03 1020.51 Gash in Bank - Cemetery 97.04 2,547.05 1020.91 Cash in Bank - Cap Imp 53,263.15 126,527.97 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 Inyestments - Levee 0.00 0.00 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 48,524.97 1040.91 Investments - Cap Imp 1,157.00 911,309.61 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 frdm 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 0.00 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 0.00 0.00 2135 R. Allen Trust #502355610 0.00 0.00 2140 United Way Payable 0.00 0.00 2150 Parks &Rec. F.O.D. 5.00 165.00 2160 Pre-Paid Legal Services 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 2177 Police Officers Union 0.00 0.00 2200 Wage Payable 0.00 0.00 2210 Federal Income Tax W/H 0.00 24.12 • Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. 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 7:30 p.m. APPROVED: ATTESTED: y MAYOR CITY CLERK-TREASURER