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03 March 2005 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD MARCH 21, 2005 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, March 21, 2005 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. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle were also present. This made a total of nine (9) present. A quorum was declared. The Invocation was given by Mike Burgess, a local businessman and member of the Planning Commission. Next the Mayor led the Pledge of Allegiance. Mayor Riggs said due to the interest of the Ordinance Amending Ordinance No. 2 -1.998 they would go ahead with it first. On the agenda was to consider an ORDINANCE AMENDING ORDINANCE NO. 2 -1998. 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 Moore. 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 fmal reading. The motion was seconded by Alderman Moore. 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 Swaim said after studying the Ordinance and after a few calls from concerned property owners he thought there was a problem with the Ordinance having no provisions what -so -ever for a property owner that was in distress. Alderman Swaim said the owners of the existing buildings might not be able to repair their building at the time of notice, due to income matters. Alderman Swaim said there has to be a remedy for the problem. He said the Ordinance needed to be rewritten. John Symonds, the Historic District Chairman said the Ordinance of 1998 does not address the repair or disarray of Historic District buildings as it is written at this time. He said their intent was to add some type of direction for the City to check the buildings that need repair. Mr. Symonds said they had a long history of down town starting in the early 1800's. Dr. Louis Peer started the Historic District and the intent was to maintain the buildings as close to the historic structure as possible. He said what they were trying to do was allow the owners to respect, maintain and repair in some type of manner. Mr. Symonds said some of the buildings were deteriorating to the point that the only action that would become available if they are not repaired would be to demolish them. He said then the entire Historic structure would be gone. Mr. Symonds said this was something they would like to see get done and maybe to rewrite the Ordinance and to have a public hearing would be the route to go. He said they should have some type of ability to at least force the owners to do some type of repair and maintenance to the buildings before they lose the buildings. Christie Badeaux, one of the owners of a historic building down town spoke next. She agreed with Mr. Symonds that the buildings were important and need to be maintained. She said if they pass an ordinance that forces the property owners to repair the buildings, then the property owners will not do anything and the buildings will fall down. Ms. Badeaux said if there was something dangerous and there was a safety issue involved then the problem needs to be fixed. She said that the City of Van Buren should look at the agreements the City of Fort Smith has with the property owners. Ms. Badeaux said they have grants and assistance and the City of Fort Smith steps in and provides ways of helping if the owners need financial assistance to fix the problem. Bill Rogers, a property owner of a historic building down town spoke saying right now was a bad time for the property owners to think about being forced into doing anything. He said that business down town is not what it used to be. The economy has not been good lately. Mr. Rogers asked who would determine what needed to be done to a building. Mayor Riggs said the Code Enforcement Officer or the Building Inspector. The Mayor said that was not the Building Inspectors main job. Mayor Riggs said they couldn't have enforcement until they get criteria to go by. The Mayor asked if any of the owners would come back to a public hearing and help fmd a solution. Mr. Rogers said he thinks they need to protect their buildings and he thought they could find a way to achieve the goals without costing the owners a lot of money. Roy Hebard, property owner of a historic building down town said he was hesitant about any type of law being passed starting out with the word intent. He said that intent could start off nice but ten (10) years later it could be interpreted in any form the person in charge chose. The Mayor said they don't want to mandate the down town area all they want to do is fmd a way to help out. Richard Hodo, a property owner of a historic building down town spoke saying the owners do not need anyone else telling them what to do. He said they are having a hard time keeping everything going and keeping the people on the street also keeping the business there. Mr. Hodo said he wondered if it was worth keeping the Historical District at all. Mr. Hodo asked who was qualified on the Historic District Commission to tell the owners their building was unsafe. He said they didn't need the Historic Commission trying to get the authority to push the issue where the Commission can dictate to tell the owners what to do. Mr. Hodo said they want their buildings to look nice. The Mayor said there were buildings down town that need help. The Mayor asked how they could help. Christie Badeaux said they could give them helpful information. She said someone is going to have to take the time to find out what is out there for help and get the information to the owners. Christie Badeaux said there were too many empty buildings to sell. She said when she shows the buildings and the people come back they say the buildings do need some repair and there was too many people in charge and that was not raising the value of the buildings. Bill Rogers said the Historical District Commission tells them when the outside is not good enough so they all fix the outside and now they want to go inside and tell them what to fix. Joe Berry said that every property owner should get a letter of a public hearing ahead of time. Alderman Swaim made a motion to table the Ordinance until such time as it is rewritten. Alderman Spoon seconded the motion. The Council followed with a unanimous vote. Roy Hebard said he would like to see the two (2) hr. parking signs put back up down town because some people park there all day. The Mayor said for all the owners to think about what they want to do about putting the signs back up. On the agenda next was to consider A RESOLUTION ADOPTING NEW GUIDELINES FOR THE HISTORIC DISTRICT COMMISSION. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NTUMBER 3 -1 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 -2005 A RESOLUTION ADOPTING NEW GUIDELINES FOR THE HISTORIC DISTRICT COMMISSION. WHEREAS, The current guidelines for the Historic District need to be updated and revised; and WHEREAS, Notice has been published and two public hearings have been held; and WHEREAS, The Historic Commission has recommended the new guidelines NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the attached Historic District Guidelines are approved for use by the Historic District Commission and shall be made available to the public upon request. PASSED AND APPROVED THIS al 6T DAY OF MARCH, 2005. MAYOR et MN RIGG ATTESTED: CITY pe.�.ar CleJL On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on February 28,2005. Alderman Parker 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, Dodd, Spoon and Barker. The following voted nay: none. On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING TO CHANGE THE NAME OF SANDSTONE EAST TO LEGACY BOULEVARD. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Spoon moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -2 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 L -2005 A RESOLUTION SETTING A PUBLIC NEARING TO CHANGE IHE NAME OF SANDSTONE EAST TO LEGACY BOULEVARD. WHEREAS, The City desires to change the name of Sandstone East to Legacy Boulevard; and WHEREAS, The Council desires all parties who may be affected by the change to be heard on this matter. NOW, THEREFORE, BE IT RESOLVED BY I'HL CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That a Public Hearing is set for April 18, 2005, at 7:00 P.M., at which time the City Council will take public comment on changing the name of Sandstone East to Legacy Boulevard. 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 comments from the public. PASSED AND APPROVED THIS 41 Sr DAY ()F MARCH, 2005. MAYO %J OHN li1" A T1'ESTED: 1 pU +y e+, CIQJ JC Next on the agenda was A PUBLIC HEARING ON THE VACATING AND ABANDONING A PORTION OF ELM AVENUE. The Mayor asked if there was any discussion. Larry Yancey explained the portion of Elm Avenue was located in the Rivercliff Addition and was signed by all the adjacent property owners. He said there was no opposition. On the agenda next was to consider an ORDINANCE VACATING AND ABANDONING A PORTION OF ELM AVENUE IN 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, 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. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 3 -2005 Q W 3: elars cm °a«wa a cu"cLOhtc5 ~FO cc U a fCONN 'Onca Sr F rvQ f w o -i Ty y ay �n gaiE 2' F a a c m g. i N�2` c wr43 v .i' a a m V rQ=Vm aQa om >a n'^ 0 ZO ati`w ANa Om T�°g 3bm�u m =i.o -Y a m trnn a a cu W KMS ry 1: c wt> bo m°' w2 U m3 am a ozw is a >Z y uat U am NN a «u�i may CfW A am ��rD:�y QO E2Zd a:1 t dw Q aan .K5'tac+nt nmo�o a o.N O w YH4.tc a d «E a a ¢�U wQ WO' ZQW o«aelto Q a p a Ett mt n« 3wo oc mm wQr Y F .g rn -O °i �o �'aZG 66 co as U z 4 o aE as t ovO aa`o a 3 w mym msa> rv -a= «Q Od y. u, Z 12.4°n Z I N Card C »NOG 2] Zp2�'a -aN. a.ctn FZJ Z 0 d „wq t' Eo 1 w ~/1 O ayN J P 0 QO O -a> oy..nU'°r�Oa c "'a pov a °h mc a° Z UOO c>.m �n OOma pm.� ¢r�N�no ZKQ U Q� cC gt v T.. ..m m V.: QZm-ma 5Eac- cUY ZCOOZw >.�b a�w acUC: a..c «a a tat acw00Z� u'o�'Unrn? vi �n Q CZ X4sz oa E da o2_t E_.N�- am'"�>.2-4.1a c a >ma geg Fa rnrn -.`a ow._o_ 9 ¢Sr t-w E m ui t N m o �n;oa h z r o fV u�oaa�. -Q oU mwy eam3v. o..ttmta m..'o to Eamm ZOU >v�ot m'�'CmommH «a U �..w a Hrv`1Qmarva Next on the agenda was a PUBLIC HEARING VACATING AND ABANDONING A PORTION OF ADA BELL CIRCLE. The Mayor asked if there was any discussion. Ricky Hill explained they wanted to close a portion of Ada Bell Circle that wasn't being used for anything except for access to the gas well in the back. He said the .portion up to the cattle guards. Mr. Hill said they were going to take the lots that hadn't been developed, divide them into tracts and sell them. On the agenda next was to consider an ORDINANCE VACATING AND ABANDONING A PORTION OF ADA BELL CIRCLE IN 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, 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. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 4 -2005 E c q5 c a' i «b wtd n ra 3«o_ c° a r U t o, c =iO t o ad 'gac occ. w`o'.' =Y- q:-.., "o:�. FO, d q cc. 2 w A la awc�L Ugay'1'' .„mo, a a W U> r 1 qQ �,U C d'q g U apo L o I J T g b Z o T ay E w T W a m- y m c n m. YI „Do o s o w N� a e 0 E y Ndr N r q -8= W T qL NL I'D v1 a 'a J- >a g- a �tw aca d «a n� g y E' a L N Q qL NC c =V i d LLN `t0 R'F.wQ« o JT y g w O W f t N w 01 .s L u E 41 d V g V O I °r C L -.=8 U N g 8 Q O J 0 2 QJ- g V 4--t ..a °o WO <1-5*0 O N LCC ooa k U- O._ q UmE x 5a c C LL Q ,e VO.W =c1 -q O °�yd JU Z u a n ygra q q N q-ar r7 T0 a o 2. aL Vr q n T W I D 4-. 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ES= =`oo N l3 0 On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF LEGACY PARK PHASE 1, LOTS 1 -86, IN THE CPfY 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 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 Deputy City Clerk and impressed with the seal of the City. TIC RESOLUTION WAS GIVEN THE NUMBER 3 -3 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 3 -2005 A RESOLUTION APPROVING FINAL PLAT OF LEGACY PARK PHASE I, LOTS 1 -86, 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, Legacy Park Phase I, Lots 1 -86, in the City of Van Buren, Arkansas, 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 sr DAY OF MARCH, 2005. MAYO 12- 1101 R IP :5 IG 4 ATTESTED: vK L- -S2 pu+ e" @RAI- On the agenda next was to consider A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) SUBURBAN UNDER THE STATE CONTRACT. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -4 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3- y -2005 A RESOLUTION AUTHORIZING THE I'URCIIASE OF ONE (1) SUBURBAN UNDER THE STATE CONTRACT. WIIEREAS, 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 1: The Mayor is authorized to enter into a purchasing agreement for one (I) 2005 Chevrolet 4X4 Suburban LS for the base price of $25,296.00 with an additional $7,659.00 to be added for a 4X4 and LS upgrade and a Class 11I Hitch, for a total of $32,955.00 under the state procurement contract subject to Resolution 2 -2 -1993. Said purchase shall be paid with federal drug forfeiture funds. PASSED AND APPROVED THIS dl er DAY OF MARC!!, 2005. MAY 2JO t "AS A TTESTED: ■1 l LA4 ft C -H=Y�1 •-.r r .11, r 1t 'i Cleo L. On the agenda next was to consider A RESOLUTION FOR THE SALE OF (1) POLICE DEPARTMENT VEHICLE 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -5 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 -5 2005 A RESOLUTION FOR THE SALE OF (1) POLICE DEPARTMENT VEHICLE THAT WAS PREVIOUSLY REMOVED FROM FIXED ASSETS. WHEREAS, The Mayor has advertised for bids for the sale of (1) one city vehicle that was previously removed from fixed assets upon the recommendation of the auditors. WHEREAS, Bids have been received and opened as advertised; and WHEREAS, The Council feels that the bid as listed below is the best bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: THAT, The bid of $400.00 for the 1988 Chevrolet Step Van, V1N# 1 GCFP22J7J3335196 from Burl Lamproe is accepted. PASSED AND APPROVED THIS on Sr DAY OF MARCH, 2005. MAY .IOHN ATTESTED: e CIT3 CLERK/TREASURER C E On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A TRACTOR FOR THE STREET DEPARTMENT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Spoon moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -6 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. ',II -2005 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A TRACTOR FOR THE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids for a tractor; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, The Council feels that the bid of A G Turf is the best bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with A G Turf to purchase a 65 PTO HP Fann Tractor in an amount not to exceed $27,250.00, and the City Clerk is authorized to pay same. PASSED AND APPROVED THIS al 6T DAY OF MARCH, 2005. MAYO OHN Tl ATTESTED: CITY CLERK/TREA4SURkR- Cleo On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A TRACTOR FOR THE STREET DEPARTMENT. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -7 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3-7 -2005 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A TRACTOR FOR TIIE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids for a tractor; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, The Council feels that the bid of A G Turf is the best bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with A G Turf to purchase a 75 PTO HP Farm Tractor in an amount not to exceed $30,800.00, and the City Clerk is authorized to pay same. PASSED AND APPROVED THIS&/ sT DAY OF MARCH, 2005. MAYOR J I HN t 9 ATTESTED: A cat, Cleo lu On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A MOWER FOR THE STREET DEPARTMENT. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -8 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 a -2005 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A MOWER FOR THE STREET DEPAR'T'MENT. WHEREAS, The Mayor has advertised for bids for a mower; and WIIEREAS, Bids have been received and opened as advertised; and WIIEREAS, The Council feels that the bid of A G Turf is the best bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with A G Turf to purchase a Side Mounted Hydraulic Driven Standard Flail Mower in an amount not to exceed $14,323.00, and the City Clerk is authorized to pay same. PASSED AND APPROVED THIS 4/ Sr DAY OF MARCH, 2005. cal MAYOR �i IiN !yt S A'T'TESTED: r AWA-LIL C:14 c4,, Cie. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A LOADERBACKHOE FOR THE STREET DEPARTMENT. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. Alderman Parker asked why they did not take the low bid on the Loader.Backhoe. Don Mullens Public Facilities Director said the bidder for low bid was a Warrior and did not meet the specifications. 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 Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3 -9 -2005 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. y' q -2005 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A LOADER/BACKHOE FOR THE STREET DEPARTMENT. WHEREAS, The Mayor has advertised for bids for a loader/backhoe; and WHEREAS, Bids have been received and opened as advertised; and WIIEREAS, The Council feels that the bid of Scott Construction Co., is the best bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to contract with Scott Construction Co., to purchase a Ioader/backhoe in an amount not to exceed $61,794.00, and the City Clerk is authorized to pay same. PASSED AND APPROVED THIS .2/ ST DAY OF MARCH, 2005. MAYOR HN RI ATTESTED: IA. O p.. 7 Cry e,le&L. On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO UPGRADE .4112-PACKS AND TO PURCHASE NEW AIR -PACKS FOR THE FIRE DEPARTMENT, WAIVING BIDDING REQUIREMENTS AND DECLARING AN EMERGENCY. 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 Moore. 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 Moore. 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. There was none. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Moore 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. 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) 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 Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 5 -2005 -o r.nLi )u1U oa roUV y ro c ?a r n>V rrc m"Faa �a+3 n ap N o iOa'aoO 5 �.W nt'a toY =o °a« L.a E_0= P2 �UZ iaa� 7 r n u,«L a. 'n nab m Ym onoro oitla "a 1.5:q=_ u E-.y onaW t ¢a O a �V L� S LmN`CO V t Z aL. CC =C kVL_ T o LL W «CN a E JON roe �N« "-aTIli Taf OO W OZ'.', N a 0 V> 1 1 mCaro a G WJ n C' T Q N CN a 'nnmr 3 -.3O N cOZ=two v, F W U u voi F aim3 V ECt'O«W O m Na-cW a O NTro anV dnW g Wi:NNO 3wcEla t5:4 5yi vi c ppea a_nn V a nY mv >uYYY a <O R O zOo>cnO nutr3u.cnaW wo ,e w mlp a g u, 0 0LO 9 ia2m y �m cm C G- pWEpo oo >mUcmo Ummnm._ .m Hry M<UOnrva z,slo WC2Z N `C' "QVIO>Op gOlga.2'YmOm 1;j. Q O~QQOtn N W adO V y a C a UOY Z oF Ku1 2PE5 QW t mco n 'n2's v� c nU W O O Y ZrW tLa aOmma Cm O�. 2 m v 'w �n U 9y v`Ei.9°io ieo n n E9 cc .�mogescgag 1177 O zZU F wS W 2 arc mCma. �--o o cm c L aE o.v� a_u� ;3 CQ Frn 1m ZOO daCa`id EN. a« air cl LL -o 'ww22 2:=1"2-=-0 bYUN OE nQ'um. O YI? O f.'J1'n i! J ce in =fdlntQ"m 1 AW tnC OO a �==nro p.:EiEwl 0 �2C zo UK a aS um« ro� /r voa' �SSaa oat i3cn°c53'awwaw 53 °ncMc'5E .Vi'm326 Next on the agenda was a request from the Old Town Merchants Association to close the streets down town for the annual events. 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 next was time for Boards and Commissions. The Van Buren Municipal Utilities Commission recommended William M. McBrayer to be reappointed to serve another term on the Commission ending in 2013. Alderman Swaim seconded by Alderman Parker made a motion to accept their recommendation. The Council members followed with a unanimous vote. Next was a recommendation from the Van Buren Advertising and Promotion Commission to appoint Judy Dais to fill the remaining term of Judy Steward who resigned from the Commission. The term will expire September 20, 2008. Alderman Swaim seconded by Alderman Dodd made a motion to accept the recommendation. The Council members followed with a unanimous vote. i Next was a recommendation from.the Civil Service Commission to re- elected Gene Bell to another six (6) year term expiring the 1S Monday of April 2011. Alderman Swain seconded by Aldennan Spoon made a motion to accept their reconunendation. 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 Parker to appropriate the sum $989,049.43 to pay expenses and salaries for February 2005, presented by the Deputy City Clerk Treasurer. The Council followed with a unanimous vote. 330 8 291 68 T Y vex a u a x 08.20 0 1 vaa05 a0.o 105. 3 5 0 i E 55 56 7Eie1 9. 03307 3.089.28 as or. Fmwu00 7em, 2ooz ,o er.l 1.....d 3 .7 48 4,! w. a,m 12.0 i t ,o DATE y05R T. .ATE 5 %i AxTF A 2 .025 O k: DEBITS CREDITS DEBITS 6am771 007 ASSETS 989.049 43' 1000 Petty Cash 0.00 200.00 1020 Cam in Bank 54,345.16 142.474.53 1020.10 Cash In Bank Sales Tax City 0.00 0,00 1020.18 Cash in Bank PO Co Tax 7 119,490.82 1020.19 Case in Bank ID CO Tax 21,681.94 138,360.00 1020.27 Cash 1n B ank L evee 0.00 1,094.17 1020.31 Caal. in Bank Parke G Rem 10.00 71,804.42 1020 151 Cash in Bank Cemetery 200.66 2,459.44 1020.91 Cash in Bank Cap Imp 22,860.40 179,390.71 1040 Investments 0.00 0.00 1040.10 investments Sales Tax City 0.00 0.00 1040.19 Imeataents i0 Co Tax 0.00 0.00 40.19 investments FD Co Tax 0.00 0.00 2040.27 Investments Levee 0.00 0.00 1040.31 Investments parks 6 Rec 0,00 0.00 1040.51 investments Cemetery 1.17 48,539.49 2040.91 Inveetment8 Cap Imp 0.00 911,109.61 1040.92 Capital /sprw®enc CO 0.00 0.00 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Rae from Payroll 0.00 0.00 1505 Ole Fri Other Fwd0 0.00 0.00 1570 Rae from street rune 0.00 9.00 1540 Dub Fran Llbrary Fund 0.00 0.00 LIMILIT005 AND MN 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-Fl1st 0000urce 0.00 0.00 2040 Payable 0.00 0.00 2o50 Na tional FowdetiOn Life ms. 0.00 35.28 2000 Cweco Payable 0.00 0.00 2090 New York Life ins. Payable 0.00 0.00 2100 Life ma. of Georgia Payable 0.00 0.06 7110 Garnishments Payable 0.00 0.00 2135 W. Allen Trust 8502355610 0.00 0.00 2140 United Way Payable 0.00 0 -00 2150 0,06. 4 Re, 0.0. 3. 5.00 185.00 2160 Pre-Paid Legal Services 0.00 0.00 2170 F.0 -P. 0.00 0.00 2175 San Buren Fire Fighters Union 0.00 0.00 3176 van Duren Firmen Contribution 0.00 0.00 2177 Police oular0 0narn 0.00 0.00 2200 sage Pa y able 0.00 0•00 Federal Tax WS 0.00. 24.12 Next Police Fire, Building Inspector, District Court and Engineer Reports were presented for filing. There being no further business Alderman Barker seconded by Alderman Spoon made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:OOp.m: APPROVED: ATTESTED: e,,;..,\ MAYOR' CITY CLERK TREASURER