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10 October 2006 Regular r 7 MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD OCTOBER 16, 2006 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, October 16, 2006 at City Hall. The meeting was called to order by Mayor Riggs. On roll call the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. 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 Schanon Caudle, Pastor of Northpark Baptist Church. Next the Mayor led the Pledge of Allegiance. The Mayor then spoke and said if the Council didn't mind, he was going to skip down to Item #8. We have a couple of people here on the Condemnation on 10 Street. He asked if Mr. Clark was there. Mr. Clark answered yes. The Mayor told Mr. Clark he was premature in putting this on the agenda. You still have one (1) day in the seven (7) day period of this notice. He is going to ask that Mr. Clark get a permit tomorrow and have David and Terry to go up and inspect anything that's been done. Then he wants them to make a report to any of the Council and make sure everything is in complete compliance with our Ordinances. If they are not in compliance, the condemnation could still come up. Mr. Clark asked if he needed to get his permit now. The Mayor told him no, that he could get it tomorrow. The Mayor told Mr. Clark that Terry and David would go back in and inspect everything that's been done. He apologized for his mistake. Mr. Clark wanted to know when the next council meeting was. The Mayor responded the 3 Monday of November. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on September 18, 2006. Alderman Dodd made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. The following voted nay: none On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary. 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 Aldennan Swaim, Parker, Moore, Spoon, Dodd, and Sagely. The Mayor declared the motion carried as there 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. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Aldennan 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, Spoon, Dodd, and Sagely. 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 GIVEN THE NUMBER 10 -2006 THE ORDINANCE WAS GIVEN THE NUMBER 10 -2006 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 10 -2006 AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 FOR THE PURPOSE OF REZON- ING CERTAIN PROP= ERTY IN THE CITY OF VAN BUREN, ARKAN- SAS AND AMENDING THE ,ZONING MAP OF THE CITY OF VAN BU- REN, ARKANSAS. WHEREAS, Gary and Eric Armstrong have submit- ted a Petition to rezone the following property from C -1 to R -3: Lots 9A and 98, Block B, Meyers Addition to the City of Van Buren. WHEREAS, Notice of Pub- lic Hearing has been pub- lished as required by law; and WHEREAS, The Public Hearing has been held as required by law; and WHEREAS, The Planning Commission recom- mended said zone change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the above described property is hereby rezoned from C -1 to R -3 and the Van Bu- ren Zoning Map is amended to reflect this rezoning. PASSED AND AP- PROVED THIS 16TH DAY OF OCTOBER, 2006. MAYOR JOHN RIGGS ATTESTED: BARBIE CURTIS CITY CLERK/TREAS- URER Published in the October 21, 2006 issue of the Press' Argus- Courier. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND 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 Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. 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 Sagely. On the Clerk's calling the roll, the following votes resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. 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. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. 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 11 -2006 WHEREAS, The Public Hearing has been held as required by law; and CITY OF VAN BUREN WHEREAS, The Planning ARKANSAS Commission recom- ORDINANCE 11 -2006 mended said zone change. AN ORDINANCE TO AMEND ORDINANCE NOW, THEREFORE, BE NO. 7 -1963 FOR THE IT ORDAINED BY THE PURPOSE OF REZON- CITY COUNCIL OF THE CITY SA OF VAN BUREN, ING CERTAIN PROP- ARKANSAS: ERTY IN THE CITY OF SECTION 1: THAT the VAN BUREN, ARKAN- above described property SAS AND 'AMENDING is hereby rezoned from THE ZONING' MAP OF C -1 to R -3 and the Van Bu- THE CITY OF VAN BU- ren Zoning Map is REN, ARKANSAS. amended to reflect this WHEREAS, Gary and Eric rezoning. Armstrong has submitted PASSED AND AP- a'Petition to rezone the ,PROVED" THIS 16TH following property from DAY% OF OCTOBER, C -1 to R -3: 2006. Lots 10A and 10B, Block 8, MAYOR JOHN RIGGS Meyers Addition to the ATTESTED: City of Van Buren. u BARBIE CURTIS WHEREAS;'hldtidcbrPijb CITY CLERK/TREAS- lic Hearing has 'been'Pdb I URER lished as required by law; Published in the October and 21, 2006 issue of the Press Argus- Courier. On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF WILSON BROTHERS CONSTRUCTION FOR THE CITY PARKING LOT PAVING PROJECT. The Clerk read the Resolution in its entirety. Mayor Riggs asked if'there was any discussion. Alderman Spoon spoke and said he had one (1) question. Would there be a reason we would need to clarify which city parking lot this would be on the resolution? Alderman Swaim spoke and said according to the diagram, it's the old WaI -Mart parking lot plus 88 spaces behind the building. Alderman Spoon agreed and said he was just curious if we would need to clarify it on the Resolution in case there is ever a question about it. Alderman Swaim said it's all of it. That is assigned to that property in the agreement with Experian. Alderman Spoon said he understood that but that it said we are accepting a bid to pave the city parking lot. City Attorney Settle said she thinks the reason is because there is only one (I) parking lot paving project at this time. She asked City Engineer Brad Baldwin if this was connect and he said yes. She said she would have no problem identifying it in some manner. Alderman Spoon said that would he fine. He just didn't want something to come back in a few months or years and question it. City Clerk Barbie Curtis spoke and said twenty -five (25) years from now when someone is looking it up, they are not going to know which parking lot it is. Alderman Spoon asked if it made sense to Brad. 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, Spoon, Dodd, and Sagely. And the following voted nay: none. Mayor Riggs asked Alderman Spoon if he had a question. Alderman Spoon responded, saying that it was all good, but that he would hate for twenty -five (25) years from now questions to come up as to which parking lot was paved. We know right now that we are paving the Experian parking lot. Do we need to amend it? Alderman Swaim spoke there were bid plans and hid specs for it that shows exactly what they were bidding on and what the city parking lot consists of. They have the square footages. Alderman Spoon said he understood all that. Alderman Swaim said according to this Resolution that is part of this. Alderman Spoon questioned Alderman Swaim and said, "So you feel there's no reason to put on there which city parking lot we are paving Alderman Swaim said, "Not at this particular instance because it's the only one we bid under these conditions and we have a bid sheet on the back who bid on the project." Alderman Moore spoke and said it wouldn't be that big a deal to add it on there. Alderman Swaim spoke and said we could put a stipulation on there and put a copy of the plat that the City Engineer has and just attach it to it. Alderman Spoon spoke and asked City Engineer Baldwin if we could do that. He agreed. Alderman Swaim seconded by Alderman Moore made a motion to approve the amendment. The question was put by Mayor Riggs on the amendment of the motion and time roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. And the following voted nay: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -1 -2006 THE RESOLUTION WAS GIVEN THE NUMBER 10 -1 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. J 0 1 -2006 A RESOLUTION ACCEPTING THE BID OF WILSON BROTHERS CONSTRUCTION FOR THE CITY PARKING LOT PAVING PROJECT. WHEREAS, The Mayor has advertised for bids for the City Parking Lot Paving Project; and WHEREAS, Two bids were received and opened as advertised; and WHEREAS, The Council feels that the bid of Wilson Brothers Construction was the best bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Bid of $181,950.00 by Wilson Brothers Construction is accepted and the Mayor is authorized and directed to contract for and pay for the paving of the parking lot. PASSED AND APPROVED THIS 1(0 D AY OF OCTOBER, 2006. MAYOR JOHN N ATTESTED: CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN PROPERTY FOR THE LIBRARY. The Clerk read the Resolution in its entirety. Mayor Riggs asked i f 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, Spoon, Dodd, and Sagely. And the following voted nay: none. The Mayor then stated he had an added agenda for the Resolution. Jimmy Bell has been working on that for us. The home will either have to be torn down or hauled off The people who we bought the house and lot from are willing to haul the house off at their cost. I need Council approval for that. If it stays, we are going to have to tear it down. So I would like to have a motion that we allow the people (and I will get them a letter at closing and give them thirty (30) clays to do it). Alderman Parker spoke and said at one of their library meetings they had a discussion wondering if we could put out bids to see if anyone wanted to buy those houses and move theta off Alderman Swaim spoke and said they wouldn't have any luck at it, all it would do is waste time and legal document money spent on ads. Alderman Swaim seconded by Alderman Parker made a motion to approve giving the property to them with the conditions as were specified with it being removed within thirty (30) days of closing. 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, Spoon, Dodd, and Sagely. And the following voted nay: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -2 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. f 0 -A. -2006 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CER'T'AIN PROPERTY FOR THE LIBRARY. WHEREAS, That properly adjacent to the lot where the new library will be located needs to be acquired by the City lo have sufficient properly to construct the new public library. NOW, THEREFORE, RE IT RESOLVED 131' THE CITY COUNCIL OF THE CI'I'1' OF VAN BUREN, ARKANSAS: SECTION 1: THAT the City Council hereby authorizes the Mayor to purchase the following property for the sum of 563,660.00: "HIE SOUTII FORTY-SIX AND TWO- ITIIRDS (46 2/3) FEET OF 101'S FIVE (5) AND SIX (6) AND 1 11E SOUTH FORTY SIX AND TWO-THIRDS (46 2/3) FEET OF THE EAST (40) FEET OF LOT FOUR (4) IN BLOCK TWENTY -FIVE (25) OF MCGEE ADDITION '10 THE CITY OF VAN BUREN, ARKANSAS. SECTION 2: That the Mayor is authorized and directed to execute whatever documents may be necessary to proceed with and finalize the purchase of said property. and the City Clerk is hereby authorized and directed to attest same. PASSED AND AI'PROV ED TIIIS I (14L/DAY 013 OOCIII OILER, 2006. MAYO)YJl)IIN RIG ATi//EESTE D: /,•r CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE PURCHASE OF THREE VEHICLES FOR THE STREET DEPARTMENT UNDER THE STATE CONTRACT. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Swaim spoke and asked what was the need for the 5.7L engine versus the 4.7L truck. Don Mullens, the Public Works Director, spoke and said that it was a misprint on that information. They are both 4.7L. He called and asked about it. The first Quad Cab listed is a 4x4 and the Ford is a Diesel. Alderman Swaim then questioned Mr. Mullens and wanted to know how many vehicles were going to be disposed of when the new vehicles arrive. Mr. Mullens responded and said that possibly one, one that night go to the Field of Dreams. He had talked to one of Allen's employee's about how he is needing a vehicle. We would try to give him the best one that we've got. The two (2) that we are replacing are pretty much gone. Alderman Swaim spoke and asked if they were going to be sold. Mr. Mullens said one would be salvaged or sold and depending on what Alan and Paul work out, one may go there. Aldennan Swaim spoke and said then we would get rid of two (2) vehicles, the one we give them out there to get rid of their junker, and we'll have one there. So, we'll get rid of two (2), is that correct? Mr. Mullens responded saying he needed to get with the mechanic to see if one (1) is even salvageable for a standby. I doubt it will even happen because we are spending a lot of money on it maintence wise. We just spent $1,500 on it. Alderman Swaim spoke and said so we should dispose of it, one way or another. Mr. Mullens said sure. Alderman Dodd spoke and said that two (2) of the vehicles are going to replace vehicles that we have and one (I) will be an additional vehicle, was that correct? Mr. Mullens responded and said yes, that it will be a vehicle that hauls heavy loads, like the crack sealer, which is now burning up the transmission on the 3 /4 ton. Aldennan Dodd spoke and said when she talked to Mr. Mullens about this, we are adding a vehicle out at the Field of Dreams, not replacing one, is that correct? That's not true? Mr. Mullens responded saying that we are adding a vehicle out there, one of the old vehicles we are getting rid of. Aldennan Dodd responded that one will go out to the Field of Dreams so they will have two (2) vehicles. Mr. Mullens responded saying that was correct. This just came up today about the Field of Dreams. 1 was just approached about it today. Alderman Swain spoke and said we will dispose of two (2) vehicles. Mr. Mullens responded and said yes. Attorney Candice Settle spoke and asked if that was as amended with 5.7L changed to 4.7L. Alderman Swaim responded yes and with the 4x4. That's where the price difference comes from. Aldennan Dodd spoke and asked if we need to specify that we are going to get rid of two (2) vehicles. Do we need to put that in here? Aldennan Swaim responded that he was adding it to his so he could tell what the difference was in prices. Attorney Candice Settle said she was going to be modifying it so if you want her to add it in, that will be fine. Mayor Riggs asked if everyone understands this. Alderman Swaim responded that he was picking up on the fact that one is a 350 with Diesel and one of the Dodge is a 4x4. That versus the $19,000 versus the $16,000. Mayor Riggs asked if there was a motion to approve the Resolution as amended. Alderman Swaim seconded by Aldennan 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, Spoon, Dodd, and Sagely. And the following voted nay: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -3 -2006 THE RESOLUTION WAS GIVEN THE NUMBER 10 -3 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 C-,3 -2006 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE VEHICLES FOR THE STREET DEPARTMENT UNDER THE STATE CONTRACT. WHEREAS, Under authority of A.C.A. 19 -11 -201, and following, and Resolution 2 -2- 1993, the City of Van Buren, Arkansas is authorized to purchase certain equipment including cars, under state procurement contracts and that such purchases are exempted from the requirements of competitive bidding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION l: The Mayor is authorized to enter into a purchasing agreement for one (1) Dodge Ram Quad Cab 4.7L/V8 for the price of $19,993.05; one Ford F350 Diesel for the price of $26,381.70; and one (1) Dodge Ram Quad Cab 4.7L/V8 for the price of $16,840.15, totaling $63,214.90 under the state procurement contract subject to Resolution 2 -2 -1993. Two vehicles currently operated by the Street Department will be transferred to another department or disposed of by sale or other means. PASSED AND APPROVED THIS I (p DAY OF OCTOBER, 2006. MAY 11'r JOHN S ATTESTED: -C�IAi o CITY CLERKI TREASURER Next on the agenda was time for Boards and Commissions. The Van Buren Advertising and Promotion Commission voted to request that Pam Sheurer be reappointed to a four -year teini on the Commission. The Commissioners also voted to request that Cleo Davidson be appointed to fill the unexpired term of Tammy Best who is no longer qualified to serve. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd made a motion to accept the recommendation. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Parker to appropriate the sum of $2,009,283.32 to pay expenses and salaries for September presented by the City Clerk. The Council followed with a unanimous vote. 10 -11 -2006 10:05 AM C I T Y O F VON 005000 PACE: 1 TRIAL BALANCE AS OF; 11PTEMEER 30TH. 2006 lo Gen0443l Fond ryONTIi TO OAT¢ y[AR TO PATE ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 32,079.10 232,076.14 1020.10 Cash in Bank Sales Tax City 0.00 0.00 1020.17 New Police Dept 0.00 35,000.00 1020.10 Cash in Dank PD Co Tax 2],6]9.24 62,742.10 1020.19 Cash in Bank FD CO Tax 6,542.72 100,673.60 1020.20 Cash In Dank 0005100 Control 400.00 ],925 -00 0.* 1020.27 Cash in Bank Levee 0.00 5,694.17 1020.31 Cash in Bank Parks Rec 992.40 40,030.01 902.699-03+ 1020.51 Cash in Bank Cemetery 130.25 9,371.96 C Imp 60,3]3.51 1,33],056.40 1020.91 Cash in Hank Cap I 1 1 l I l 6 l 10 +0 Investments 1,261.37 303,718.00 1 0 1, 1 1 0. 7 0+ 1040.1° Investments Sales Tax City 0.00 0.00 62 6 5 6 00 1040.18 Investments PD Co Tax 0.00 D.00 6 1 3 6 7 0 1040.19 InveSlmenc5 FD Co Tax 0.00 0 1.0 0 1040.27 Investments Levee 0.00 0.00 9 4 0 0 1040.31 Investments Parks a Bet 0.00 0.00 35 5 4 5 0 9 1040.51 Investments Cemetery 3.98 40,609.64 9 6 4 6 3 7 S 1040.91 Investments Cap Imp 0.00 ]]2,]]0.18 008 1040.92 Capital Improvement CD 0.00 0.00 1050 Fixed Assets B.00 0.00 2 4 0 09 28 3 3 2 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Doe FrOm Other Funds 0.00 0.00 0.00 009.48 1520 Due from street Fund 1540 Due From Library Fund 000 LIABILITIES AND FUND NI nNCE 2000 ACCOwts Payable 0.00 0.00 2010 Municipal Health Inn. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union -First Resource 0.00 0.00 2040 LDPFI Payable 0.00 0.00 2050 National Fousdatien Life In5. 0.00 35.28 2080 Consec0 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 1,3]1.83 0 -00 2135 R. Allen Trust 4502355610 0.00 0.00 2140 United Hay Payable 0.00 D -DD 2150 Parks a Rec. F.O.D. °.00 250.0° 2160 Pre -Paid Legal Senvices o.OD 0.00 °.00 0.00 2171 S.S. ?Once Benevolent Assoc. 0.00 0.00 2115 Van Buren Fire Fighters Union 642.89 0 -00 o.oD 2176 Van Buren Firemen contribution 0.00 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Next was time for miscellaneous and general discussion. Art Sellers of 7 Azure Hills spoke and said he had been complaining about Hwy. 59, the whole way up to the Post Office. The big complaint is Cedar Street. It looks like you have a Class 3 Landfill going on there. I talked to Code Enforcement and they are getting some direction from the state pollution ecology and they aren't reading the whole paragraph. That's called Beneficial Fill in there. Beneficial Fill has certain locations you can use it at and that is not one of them. You can use Beneficial Fill like you use rip -rap around creeks and streams for stabilization. You can't use it to fill a hole in the ground. The City Ordinance doesn't specifically address that but it really looks sad for the town. You continue on up Hwy. 59 and no one's taking care of their properties, particularly Walmart and Lowe's. It really looks trashy. You go up to Springdale and they clean it all up. Around here, if it doesn't look bad, then we'll let it get that way. Some of the Ordinance apparently is missing, like on Pointer Trail West, it looks like Abu Grabe, with the Constantine wire (razor wire) is like telling the neighborhood we are a bunch of thieves. We need some Ordinance's around here to shape the town up. The state doesn't help us out much either. The entry ways into the town off of the exits are really sad. Around the country, at least whenever you get within a mile of the town, they clean it up. Around here, if it's not weeds or a reforce station project, we're in tuff shape. We need to do something. It's really looking bad. Without getting too involved in a whole bunch of the other, I would just like for you folks to consider it. Thank you. The Mayor responded saying that eventually every one of those houses on Log Town Hill will burn down because they are doing it, one at a time. Not by choice, but, we try to stay on them and comply with that. We try to keep the cemetery looking good. As far as the hole being filled in, I don't know who's doing it but we can look at several issues on that maybe like drainage or if he is planning on filling it in. Mayor Riggs asked Brad and David if anyone had made contact with them. They both answered no. The Mayor said that they may end up having to take all that out. Code Enforcement Officer Wesley Sandlin spoke and said the only reason he hadn't stopped it was because it was all concrete and wood. Dirt will used to fill in over that. Mayor Riggs spoke and said that as far as mowing, he has sent the crews out to the intersection of I -40 and Hwy. 59 several times because the state has a contract with individuals and they mow it twice a year, so I send my guys at least 2 -3 times to mow the overpass and where the cars come out at the lights. The good thing about Van Buren is that there is state highway every way you come and go from. And that's also the bad news because they won't cleari it up. They send crews out once or twice a year to do cleaning. As far as the Wal -mart area, they have been notified several times about compliance. We have even gone out and helped them out. Vickie Davis then spoke about the condemnation property at 719 North l0 What she is concerned with is, Mr. Clark has gotten another thirty (30) days chance. He has had five (5) years to get this property in compliance. Within that time, there have been various incidents in the neighborhood. We had the police out there going through the building looking for runaways. We've picked up stuff from Mr. Clark's. He's done stuff without building permits. We want to make sure he will be punished because he's not in compliance with the law. He has added an extra addition on there. He's also changed the roof out and thank goodness he's gotten the yard cleaned up within the last two (2) weeks. How do we know that this is going to be taken care of? The Mayor responded saying that as of Tuesday, October 17, he is going to have a permit, and the inspectors, David Martin and Terry Wells, will inspect everything he has done and if he's not in compliance, then we'll go back on the condemnation next month. Mrs. Davis responded that they don't have a problem as long as it's in compliance and it's done properly and in order, but we have been exposed to asbestos aspect, we've had lead paint blown across, and we really need some help as far as making sure the Ordinance is enforced. Alderman Swaim seconded by Alderman Spoon made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:34 p.m. ATTESTED: APPROVED: 40,10 0 eti-J2TC-ril CITY CLERK TREASURER MAY