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03 March 2000 Regular I i MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD MARCH 20, 2000 t The City Council of the City of Van Buren Arkansas met at 7:00 p.m., Monday, March 20, 2000, 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 Parker, Spoon, Swaim, Taylor, Moore and Barker. City Clerk Barbie Curtis 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 Reverend George Lynn, Pastor of Living Word Baptist Church. Next the Mayor led the Pledge of Allegiance. Alderman Parker seconded by Alderman Swaim made a motion to approve the February 28, 2000 Council Meeting minutes as printed. Motion was unanimously carried by the City Council. Next was to consider an ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE REGULATIONS. It was recommended by the Civil Service Commission. The Clerk read a portion of the Ordinance. Alderman Swaim moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Taylor. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six(6)ayes and(0) nays. Four(4)votes being necessary passage. The Ordinance was read the second time. Alderman Swaim then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Taylor. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4)votes necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. The Mayor then put the question, " Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Taylor to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the Ordinance passed there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. , THE ORDINANCE WAS GIVEN THE NUMBER 06-2000 examinations shall be filed; "The certified eligibility list "After completion of grad= Board shall report its evalua- 16 CGAL NOTICE with the Van Buren Police shall be posted within ten SECTION 6:THAT in Arti- ,ice of the written examine- ; tion to the Police Chief and • Chief or the Van Buren Fire (10)days of the certification cle IV,the following shall - all applicants for either the Civil Service Commis- ubllshed in the March 25, Chief by 5:00 P.M. at least' at the following places:The Ibe added t'Section-1 '7 the Police or Fire Depart- - slur.AnysCote accumulated 000 issue of the Press'1 ten (10)days prior to the Van Buren Municipal Com- ..Provided, however, the marts who have passed the by thecandidate-during said ,rgus-Courier date of the exam." plex,the Van Buren Police maximum age limit for written examination,shall be interview shall not be corn :ITY OF VAN BUREN,I Station and at each Van, appointment to any position required to take a physical bined or averaged with the aRKANSAS ORDINANCE" SECTION 2:THAT in Arti- Buren Fire Station." ' within the Fire Department agility test conducted by the candidate's score from the is 7-2000 cle II, Section 7,shall read 'shall not apply to any person respective departments and written examination. After �N ORDINANCE follows: SECTION 4:THAT in Arts- who`has.at least two (2.) ' to submit to a background completion of the written • ‘MENDiNG TH ORDINANCE! "As soon as it is.practical cle II, Section 9, shall read years of previous experience check.Failure to suc tssful= examination,background 3UREN CIVIL SERVICE after the examinations,the as follows: i as a paid firefighter with ly complete the physical check and physical agility tEGULATIVIL Commission shall complete another fire department and test and/or yen test with reference to the their review of the examine- "Any applicant for appoint- whose years of.experience agility > is b - fl J'i <.t ,Id t�ttt;il ttve mens or romotion or any p g cy ground the applicants back- Fire Department,and cum tion process and prepare the P as a aid firefi titer when and check shall disquit- dation of the writtea<exaroi- VJQSv appointment and proirrotion- member eligible for promo- subtracted from the person's gro ertatniti ¢ t tion who has attempted any agefy a candidate from further nation, l agil orad check, io of al eligibility lists.These lists leaves •a remainder of consideration. In addition, physical a lity test and and oblig o fraud or deception with ref- all applicants'for appoint- interview with reference to Service Commission and shall then be certified by the not more than thirty-two. Secretary of the Commission I erence to the •examination (32) years, or anyarson PP operation of the civil savior recess shall be ineligible who is applying foa osi- ment to the Police Depart- the Police Department,the system,have been amended and such lists shall be in full ora ointment or tomo- p mart,who have passed the Commission shall compile and force and effect for a period pp p. tion within the Fire Depart- r+tton examination ands" an eligibility list for each of one(1)calendar year sub riot),,respectively,and in the ment in which the primary t Shall department of candidates Isequent to the date of'the case of existing members of functions of the job involve r at'IS/414 e veho'have passed=all of the WHEREAS,The Civil.ser- the Police or Fire Depart- interviewed,by tht Police p� vice Commission has meet certification. If, upon the duties`administrative,mei- Department Board respective tests:,Said suc- and voted to appscion a the fol- date of certification,a prior mems, shall be subject to agerial, or supervisory .n list is still in effect,then the disciplinary action_" nature.,. made up of one patrolman, entero l candidates shall be one Corporal,one Sergeant entered on the cligillthty list lowing ci vendmeetsto the new) certified ell ibilit list SECTION 7:THAT in Arts- on y g Y . and the Police Chief or his in order of thea standing present civil service rig+ Ishan not supersede the pnor SECTION S:THAT'in Asti- cle 1V,Section 2,shall read representative,all appointed . the written examination." tions. • list until aitch list lyes been cle ill,Section 2,shall read as follows: exhausted for any one rank as fellows "All applicants for appoint- by l questione Police Chief,which NOW,THEREFORE,BE IT po Mall the candidates SECTION 4 7 NAT in Atti- NOW,T ED BTHEREFORE, 'F or for all ranks or expires. These Civil Service Regula- menti upon the filing of their , regarding any areas of con- cle IV,the following.,shall COUNCIL OF TIM CITY All eligibility lists shall pons shall beceffeRtive-and "applications, shall befist- cern and determine such be addedto Seettaa 7: expire one(I)year after the be in force as to ell uni- nished a copy of their appro things as the candidates ' OF VAN BUREN,• date of certlfi atioa regi- :formed and non-uniformed priate job description. A If the hsdr fal'aceepts the ARKANSAS: less of theperiod of timemotivation, to c oc,;attty employees of the Fire copy of the Civil Service tude and abilityto eOt y WW1 in; 1 by writ - • ttYn . SECTION t:THAT is Attie; such lists y 4iave existed Department. working either Regula ns will bepmvided nate. An overall percentage . ten signat s require SE Q,Section 3,the last as the sole eligibility list" full or part-time,is the exist- to:an applicant for appoint rating of less than seventy ment of notice by Certified tence shall read as follows: ing or future positions of meneepon request." • • pgrcerit(70%) d'tsgn$i` Mail mmi be dBPT d' SECTION 3:THAT in Aid- Deputy Chief, Ass pant a candidate =further "All applications for cle Ii,Section,shall=read as Chief/Battalion Chief,Cap SECTION 8:THAT"in.Arti- considerrd*n dor employ-' SON 10 THAT n Am- appointment'or promotional follows: .taro, Driver/Operato�/Lieu- de IV,Section 6,shell`read t withthe Police, - do IV,Section t0,shall read tenant or Firefighter." as'folfows: meet. The Police.Review as follows: • SECTION 16:THAT in Anti--�ormance Evaluation shall; SECTION 28:THAT in Arti- "After a applicant has bean de VI,Section 1,shall read be conducted by officers SECTION 22: THAT in tentatively most submit-toat selected.by the Chief(s),'' Article VII Section 8;shall for a period of six (6),de-PC,Section 1,shall,read PbYsic l moat a to a as follows: . Y } months,and the Chief of the as follows: re • sv�to are senior in rank to the read as follows. physical ' eX lynation, persons being evaluated and Department.or the Mayor in including a tivelY est. inted "No foremployee shall be eligi- such evaluation shall be of "When a position becomes' the event-of promotion to Members of the Police and viduals olio vdy appointed ble for examination for the examinees,proficiency, vacant and subject to being Chief of Police on Fire Fire Departments may be shall befog Department Driver/Lieutenantcement to until that f ,,,,the and conduct.The filled by promotion, the Chief, may reduce in rank disciplined by the heads of thatpromoted Yriember bf the the Departments - ogr phed,,>nlAtedapemployee shall have served Civil Service Commission ' Commission shall certify to any rtmduring six the the respectivefor violation of upndergo a Psychological and mustashall.estabeish:the measur- , the Chief of the respective 6 Department erring thatha any'or Rules of the Civil Ser ex ming a p'and ervi w, at lsntshaee re)gheiNer,such able standards capable of,' Department the three (3) O P examination dbmpleting ' years a Firefighter,such review of said evaluations. candidates standing highest reason. hi the event of that vice Commission,the Rules three(3)(3)years consistingof reduction, an roto Uons of the respective.Depart bush,andttmu ctimpleting Applicants -must?".first on the Eligibility List for made in lowyrp auks iaso a idents and for any other law Fort,and must also-fill out + one(1)year in probationary achieve at least a minimum ' appointment'to that'rank of- Form t. its df n )year{qtr, passing score'on+the Civil service. The Chief of that result of the initial promo- ftil purposes. The Mayor 10 �ater. Department will then select 'tion shall likewise be shall take disciplinary action rehryrz Service! _ P reduced unless the autho- taken in regards to the Chief SECTION 11t on I I,shall in -- for appointment one(1)of Article IV,Section l 1, SECTION;lA: THAT to three(3)persons so cer- rized number of positions in of a Department." Article VI,Section 2,shall in obdir to be considered for find and shall notify the lower rank's has been read as follows: read as follows: pforndtion.'Those applicants."After successfultheeq it mens ! Who;by their passing score " ommission thereof.After increased. A written potice SECTION 29:THAT in Arti son of allr the requirements " I on the_Civil Service written selection of. an individual to of such reduction.in.rank de IX,Section 6,shall read set out Herein;the las a Proi , No employeeexamination' Ina ibeo 'shall begiven bythe person as follows: examination,are qualified to fill a position,all remaining shall*h as a'Pro- i alt for examination for take the Fire Departmental applicants for appointment, making the reduction and, batt p �'�- i FirenCapta to the rank of Examination and the Police including those certified but such notice shall state the,The Commission shall hold fighter TtairtgaeoPFire- employee shallhuntilthat reasons for such actions;'a trial upon any such request t or Fire De artment not selected by the Chief, fighter Patrolmen' Tainor Fire- . tleast haveoserved p• will remain on the Eligibility provided that such dotice for trial due to discharge or fighter ` t shah receive�apoa t yearsastwo(2) :, Performance atEvaluations,mini- List.If the individu`el-select- shall not be considered as reduction in rank or cor •n- call appointinen sbivgiaa sh aDriver/Lieutenant,(2) arnist- must a total least a he ed for ointment fails to granting to the member 1 pensation.The Commission copy o- the Civil - %,,e such two years inpro-- mum total shirt fromns the appointment reduced a right to trial,may hold a hearing on any � - � ; - Ing of six(6)months in tests and evaluations to be ; accept such appointment before the Commission or',other grievance presented to SECg T�N+12: THAT in bationary status and eighteen eligible for promotion within ten(10)days of being appeal therefrom nor shall'i the Commission.The writ- notified in writing,that indi- the requirements of stating ten notification of disci- Articlo4r, Section:3,shall (18)months in rank as a Fire •SECTION 2l:THAT in Arti- vidual makes written appli- ten n y action,the reply to send as OWye fellows: b ; Driver." the reasons therefor be con- sbsll ale VII,Section 3,shall read cation to the Commission steered as to require such such notice and/or the "� , . as follows: within such ten (10) days reduction to re for=goch requestuforiand/or shall ble for tet to the' SECTION tion 3,shall in Arti- and receives, at the discre- 'sdvangemeot to the indi' 'I'ale V I,Section 3, readcause." constitute a part be of said hear as follows: "For the Fire Department, tion of the Commission, :SECTION 26:THAT in Arti-I g and shall filedsaiear- eLmplo employee untjl that promotionaloexamivil Se s additional time in which to ale VII, Section 12, shall' the record of the hearing. stat shall have served "•No employee shaHlie eligi may consist of a Civil Ser accept the appointment. read as follows: The Chairman of the Com- et least two(2)consecutive ble for examination for r 'vice written examination,a Such request shall not con' mission provided for herein years as Sergeant and advancement to the rank of t Departmental performance stitute a grievance request." "Advancement in rank or shall be construed as giving received passing evalua- ,'Deputy Chief or assistant , evaluation and oral perfor-` increase in salary the individual involved any dons." Chief/Battalion Chief until'r 'mance evaluation, and ser- SECTION 23: THAT in beyond the limits base sal fort right of appeal to courts of SECTION 13:,THAT in ;that employee shall • have vice •credits(service credits Article VII, Section 9,shall the grade by the rules of the'lw or equity other than is -Article V.Section 4'shall -read as follows:' served at east two(`2)con- a 4 at a rate of point read as follows: Commission or as set by the provided by jean, Fl zero eight three three(.0833) City'Council, shall consti- ble employee shall be die- .secutive years as a re Cap- point pec month per in rank "Promotion shall be made tote a promotion. Present SECTION 30.THAT in Arti- tain,such two(2)years con- ble for examination for silting of six(6)months in' service through the rank of from the Eligibility List in police and Fire persbnnel' ale IX,Section 7,shall read advancement unnt to the rank ofstatus Captain up to a maximum,of effect on the date the vacant who may be re persb pay as follows:IXSec Captain until served atloyce teed(18)mo antlideeraannk twenty (20) service credit cy occurs unless such list equivalnt to a positionn shall have least to Fire Captain." • points that can be accumtt has been exhausted.(Promo- higher than their present "As soon as is practicable two(2)consecutive years as lated). The Civil Service tion shall be made after any ighershall not be consent aftersuchoas is p,practicable Lieutenant,has obtained an vacancy occurs within a rea- Position SECTION tion 4, Tal Arti- written examination shall • sonable •period of •time,. •gin- ered to have been promoted mission shall announce •its Advanced Certil ted or ale VI,Section 4,shall read, consist of fifty(50) quest trig due•consideration to the to that higher position:,' decision and notice thereof higher,has completed one as follows: tions prepared bythe Cott► shall be presented writing hundred and fifty (150) p p each administrative duties of the SECTION 27:THAT in.Artito the person intwritine ptrainingapplicant for promo- mission so that appli- Department. If a promotion olice hours shall "If no cant shall have the possibili- has not been made within ale VII, Section 13, shall hearing or;to such person's ty of scoring a maximum of ninety (90y days after a read as follows:. representative." have completed six hjEi)hours'.setign meets the requirements , of college English villi a out above,an employee one hundred(100)points.A vacancy occurs,any individ- grade of"C"Or better,and who does not meet the above passing score of sixty(60) ual eligible for promotion "In the event an individual This Ordinance being received gassing evalua requirements may be pro-,,, „points,must be achieved on may present a grievance to who serves in the position oft sary for the immediate pro- neces- tions." meted pursuant to the pro- the Civil Service written the Civil Service Commis- Chief of Police or-Fire Chief tection of the public th, SECTION 14: THAT in motional policy set out in examination for an applicant sion,which shall be adjudi- L is removed from that post- safety,.and welfare' the Article V,Sectidn 5,shall Article VII of these t to be considered for promo- cated according to the .tion by the Mayor;the indi-t'citizens of Van 'siren, read as follows: tion.The Departmental per- grievance procedure out- '•vidual so removed may be`Arkansas, an emerg�iey is Regulations. Promotions formance evaluation and lined in these rules.)." allowed to re-enter the Vail hereby declared to ex . and No employee shall be eligi- pursuant to this Section shall oral performance evaluationblBuren Police Degartnaglit prfi this Ordinance shat be in for examination for_ be made from the an next low- ' shall each have a maximum SECTION 24: THAT in the Van Buren Fire Departfull force and effect,from advancement Chiefto the rank of est rank torank open for score of thirty (30) points Article VII,Section 10,shall ment respectively,at the last`' and after its passage. , Assistant until that promotion unless there are each for a total of sixty(60) read as follows: �" poor rank held by that indi- AND employeeeasttwoshall have,served no points.A composite of these Although a physical exam's- vidual in that dgpartment, PASSED applicants from that rank. q nation is notrequired gener- and the regular r uirements i APPROVED THIS 0 pH at least Captain;(2) nand two evaluations shall a tial forpromotion ora hint- DAY OF MARCH 2000. years as and Said promotion must be sixty percent(60%),or shall ally as a prerequisite to pro- pP received passingevalua- be thirty-six (36) points of motions, the Commission ment as set out hereinshall j tions." approvediceCi the Civil Ser-sthe sixty (60)points possi- reserves the right to require be waived. However, the' MAYOR JOHN RIGSr , vice Commission and-must ble. A minimum total point any applicant for promotion ability of such an individual SECTION ion 6, shallT in Arti- be pursuant to existing State score of ninety-six(96)out to undergo.a reasonable, to so re-enter shall only j ATTESTED: BARBA de V.Section 6, read law." of a possible one hundred suitable hysical Amina- appityiltionerCorNtli1M'5'5 CURTIS' as follows: six[ (160)points from the p r i ttE CITY CLERK\TREASUR . .SECTION 20:THAT in Arti- Y tion to determine whether 'imply -R[11� Civil Service written exami from t r requesting ER the applicant can fulfill the yy q g • ''If no applicant for promo- ale VII,Section 1,shall read nation and the Departmental physical functions and obli- that—'the' ii1'dividual be tion meets the requirements as follows: performance evaluations and gations of the rank to which allowed to re-enter. Individ- set out above,'ee employee "Promotions shall.be based oral performance evalua- such person has applied for uals who have been removed who does not meet the abovetions,must be achieved to be promotion. Such examine- from the position of Chief of requirements may be pro- upon open, competitive eligible for promotion. Ser- tion, if required,.shall be either department and who [rioted alpursuant,policy the pro- examinations of efficiency, vice credits are added to the wen duringthe probation- have not previously held a motional policy set out in .character and conduct in the given period fter te promo- rank with either the Van Article VII of.these Regula- form Of a Civil Service writ- applicants total score at theBuren or Fire eDepa n tions. Promotions pursuant ten examination, Fire rate of point zero eight three tion has been made." mentsuPolicelso employed to this Section shall be made Department Examinations three(.0833)service credit with the may also be ployed from the next lowest rank to . (written,oral or practical or point for each month the`, SECTION 25: THAT in ment, upon the written unless rt- a combination of the three) applicant has been at their.;; Article ViI,Section 11,shall - request of the Mayor, stn the rank open aforre promotion and Departmental Perfor- present rank(including time i read as follows: rankegdesignated or, tha cantsthere are no appli- mance Evaluations.For both on probation), through the Mayorand with theb same cants do must rank. Said the Police and Fire Depart- •rank 4f Claptaln,w"b4'm 't,. "A promotion to any rank in of promotion"ore bcepro Corn- i meats, the Performance Ilmst POaa*bl fgreerkbnkiti'l service will not be complete waiveremof requirements." •by$Si CivilnmusService ' Evaluation shall be conduct- .vice credits of•twenty(20) ndi O tO and must ablaw."Aur- ed by Departments,the Per- points. - ata�ZOeg State On the agenda next was to consider a RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY IN BLOCK 34 IN THE CITY OF VAN BUREN, ARKANSAS. Attorney Morril Harriman was representing Gant and Gant and Citizens Bank. The Clerk read the Resolution in its entirety. 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 Parker, Spoon, Barker, Moore, Swaim and Taylor. 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 3-1-2000 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 3- I -2000 A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY IN BLOCK 34 IN THE CITY OF VAN BUREN,ARKANSAS WHEREAS, Citizens Bank & Trust Company of Van Buren, Arkansas and others have petitioned the City Council of Van Buren,to vacate and abandon a portion of the City's right-of-way along Block 34 lying between Lots 4,5,6,7,8,9, 10, 11, 12, 13,14 and 15,to the City of Van Buren,Arkansas. WHEREAS, The Petitioners own all the property adjoining those portions of the above described;and, WHEREAS, The City Council of Van Buren,Arkansas,acting under the authority of Arkansas Code Annotated, Section 14-301-301, has the authority to abandon streets and alleys. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That a Public Hearing is set for April 17,2000,at 7:00 P.M.,at which time said Petition shall be presented to the City Council and the Council will determine at that time whether such property should be abandoned as a street and that all abutting property owners and other persons directly interested have consented to such abandonment. SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to give notice by publication once a week for two weeks in some newspaper published in Crawford County advising the property owners affected that on said date and time the Council will hear said Petition. PASSED AND APPROVED THIS (xi.) DAY OF APRIL,2000. M YA ORRZLJMI GGS ATTESTED: CITY CLERK\TREASURER On the agenda next was to consider a RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY TN BLOCK 52 AND LINE STREET IN THE CITY OF VAN BUREN. • representing Herbert and T7_at_ _.__.. Flynn. The /'H_._1_ ..__ 1 i1_ _ ARKANSAS. Attorney i�iorrtl i arriman was representing Herbert and Kathryn r lynni ne Clerk read the tcesoluuon in its entirety. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. The auestion was put by Mayes'Rigs vn tho adtrptitm of tho mtitirm and this mll boing ballad, this ft/llvwing vtrtod nay: N ni . t THE RESOLUTION WAS GIVEN THE NUMBER 3-2-2000 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 3-D_ -2000 A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY IN BLOCK 52 AND LINE STREET IN THE CITY OF VAN BUREN, ARKANSAS WHEREAS, Herbert Flynn and Katheryn Flynn have petitioned the City Council of Van Buren,to vacate and abandon a portion of the City's right-of-way along Block 52 and Line Street lying between the North Half of Block 52 and railroad right-of- way to the City of Van Buren,Arkansas. WHEREAS, The Petitioners own all the property adjoining those portions of the streets above described;and, WHEREAS, The City Council of Van Buren,Arkansas,acting under the authority of Arkansas Code Annotated, Section 14-301-301, has the authority to abandon streets and alleys. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That a Public Hearing is set for April 17,2000,at 7:00 P.M.,at which time said Petition shall be presented to the City Council and the Council will determine at that time whether such property should be abandoned as a street and that all abutting property owners and other persons directly interested have consented to such abandonment. SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to give notice by publication once a week for two weeks in some newspaper published in Crawford County advising the property owners affected that on said date and time the Council will hear said Petition. PASSED AND APPROVED THIS pO"&DAY OF APRIL,2000. MAYOR TUH1�ItIGGS v ATTESTED: 1/460AILCL., 6.113 CITY CLERK\TREASURER Former Mayor Gene Bell and Chairman of the Civil Service Commission asked if they didn't need to pass an emergency clause for Ordinance number six(6). Alderman Taylor seconded by Alderman Swaim moved they adopt the emergency clause for Ordinance number six(6). The Council followed with a unanimous vote. On the agenda next was to consider a RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND DECLARING CONDEMNATION AT 2003 NORTH 30TH. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Barker 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 Parker, Barker, Spoon, Moore, Swaim and Taylor. 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 City. THE RESOLUTION WAS GIVEN THE NUMBER 3-3-2000 C CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 3-3 -2000 A RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND DECLARING CONDEMNATION. WHEREAS, Sammie Hutchinson is the record owner of certain property located in the City of Van Buren,Arkansas,which is located at 2003 North 30th,Van ' Buren,Arkansas,and WHEREAS, The structure which is presently located upon said property is in a deplorable state of disrepair and 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 be a nuisance and require its removal within 30 days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That the structure and conditions described above are hereby declared a nuisance,and their removal within 30 days of the receipt by the owner of this Resolution is hereby ordered./__ PASSED AND APPROVED THIS 0204`DAY OF MARCH,2000. MAYOR JOAN RIGGS' ATTESTED: takia-RICPA: CITY CLERK\T ASURER^ On the agenda next was to consider a RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND DECLARING CONDEMNATION AT 1613 LOVERS LANE. The Clerk read the Resolution in its entirety. Alderman Barker asked where this property was located. Code Enforcement Officer Wesley Sandlin gave Alderman Barker the location of the property. Then Code Enforcement Officer Wesley Sandlin said that Mr. Scroggins was present and that he was trying to get the property cleaned up. Mr. Scroggins brought pictures for Council members to see that he was trying to get his property cleaned up. Alderman Swaim said the property would look really nice when he gets it all cleaned up. Wesley Sandlin asked if Mr. Scroggins could have another thirty(30) days to clean up the property. Alderman Taylor seconded by Alderman Swaim moved that the Resolution be tabled until the next Council Meeting. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Barker, Spoon, Moore, Swaim and Taylor. And the following voted nay; none. On the agenda next was to consider a RESOLUTION APPROVING FINAL PLAT OF HIGHLAND HILLS SOUTH, PHASE II, LOCATED IN THE FIVE MILE PLANNING AREA. The Clerk read the Revolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Taylor 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 ' aye; Alderman Parker, T_._t__.. Spoon, _.. 1 ,!_ _ ._ Swaim and Taylor. _.. Aral the 1`_11___'.._ voted •. called, the following voted Alderman Barker Spoon, Moore, Swain and i ylAna the following voted nay: none. The Mayor therennnn declared the R:Cob tine aclnnted an[l ciuned the Recnhitinn cy.12int was atteste[l by, the. C'! Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 3-4-2000 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3 A -2000 A RESOLUTION APPROVING FINAL PLAT OF HIGHLAND HILLS SOUTH, PHASE II, LOCATED IN THE FIVE MILE PLANNING AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT subject to the assurances provided in the Subdivision Regulations being executed to assure that all improvements are put in, the final plat of Highland Hills South, Phase II, located in the Five Mile Planning Area 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 filing of the assurities mentioned above. PASSED AND APPROVED THIS 20TH DAY OF MARCH , 2000 \C\aVre1* ^- ATTESTED: 'CLERK-� R t On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN, ARKANSAS, TO EXECUTE AN ITERLOCAL COOPERATION AGREEMENT FOR THE CRAWFORD COUNTY LIBRARY SYSTEM. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. 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 Parker, Barker, Spoon, Moore, Swaim and Taylor. 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 REROT,T TTION WAS GIVEN THE NT TMiRER z-S-2(111(1 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 3"5 -2000 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN, ARKANSAS, TO EXECUTEAN INTERLOCALM COOPERATION AGREEMENT FOR THE CRAWFORD COUNTY LIBRARY WHEREAS. It is necessary and in the best interest of the Crawford rd CountyLibrarySystem that an Interlocal Coop Agreement be entered into between Crawford County and the City of Van Buren; and WHEREAS, Both entities have reached an agreement and understanding which has been is att ched tthis Resolution and xis cagreed upon ed to writing nd all entities; and WHEREAS, The City of Van Buren recognizes the need for this Interlocal Cooperation Agreement for the operation of theCrawfordC ountytLibraiy Sysm: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Van Buren, Arkansas, that the Mayor is hereby authorized to execute the attached Interlocal Cooperation Agreement for the Crawford County Library System on behalf of the City of Van Buren, Arkansas. PASSED AND APPROVED THIS 20TH DAY OF_ MARCH ,2000 \C\n. ti �Q !1lI�OR "y ATTESTED: CIT`Y CLE TREASURER On the agenda next was to consider a RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS, TO UTILIZE FEDERAL-AID ENHANCEMENT MONIES. (FOR PHILLIPS LANDING RIVER WALK.) The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. 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 Parker, _ ft__ : _ _ ] a1 _ l_11 ' _ 4_ 1 _ Barker, Spoon,Moore, awam atmTayor. Andnlouowug voteu nay; none. Inc ivi _yor mere-Upon uaecareu n1.e_ _. Resolution adopted and simed the Resolution. which was attested by tha City Clark and imprveavd with tha Baal of tha City. THE RESOLUTION WAS GIVEN THE NUMBER 3-6-2000 RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS (Sponsor) TO UTILIZE FEDERAL-AID ENHANCEMENT MONIES • WHEREAS, THE CITY OF VAN BUREN, ARKANSAS understands Federal-aid Surface (Sponsor's Governing Authority) Transportation Enhancement funds are available at 80%federal participation and 20%local cash match for the following project: PHILLIPS LANDING RIVER WALK NOW,THEREFORE,BE IT RESOLVED BY THE crrr OP VAN BUREN. ARKANSAS (Sponsors Governing Authority) ,THAT: SECTION I: THE CITY OF VAN BUREN, ARKANSAS will participate in (Sponsor) accordance with its designated responsibility,including maintenance of this project. his SECTION II: THE MAYOR OF THE CITY OF VAN BUREN, AR orlitadesignee is (Title of Sponsors CEO/CAO) hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated improvement. SECTION III: TRF. CT'W OF VAN BUREN. ARKANSAS pledges its full (Sponsors Governing Authority) support and hereby authorizes the Arkansas State Highway and Transportation Department to • initiate action to implement this project. • THIS RESOLUTION adopted this 70TH day of MARCH ,2000. \\\(X�S ATTEST: 611,14-6:tdLfit trz C CLERK—TREASURER (SEAL) On the agenda next was to consider a RESOLUTION AUTHORIZING SETTLEMENT AND PAYMENT OF JUDGMENT IN THE CASE OF THE CITY OF VAN BUREN, AKRANSAS VS. LUCY RICHMOND. The Cler read the Resolution`in its entirety. Mayor Riggs asked if there was any discussion. Alderman Swaim seconded by Alderman Taylor 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 Parker, Barker Spoon, Moore, Swaim and Taylor. 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 3-7-2000 I CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 33_7 -2000 A RESOLUTION AUTHORIZING SETTLEMENT AND PAYMENT OF JUDGMENT IN THE CASE OF CITY OF VAN BUREN,ARKANSAS VS.LUCY RICHMOND. WHEREAS, The City of Van Buren filed an Application for Condemnation of Private Property against Lucy Richmond on April 14, 1997 and paid the sum of $32,350.00 to the Defendant,which represented the appraised value of the . property; WHEREAS, That said application was granted and an Order of Possession was entered on April 15,1997; WHEREAS, On October 5, 1999, a bench trial was held in the Circuit Court of Crawford County to determine the value of the property; WHEREAS, The Court found that the property had a value of $67,000.00, and a Judgment was entered against the City of Van Buren for $34,650.00, representing the value of the property,$67,000.00,less$32,350.00 initially paid to the Defendant,plus interest at 6%prior to judgment ($5,143.95) and interest at 10%post judgment($1,576.65)for a total of$41,370.60; WHEREAS, A Notice of Appeal was filed on November 2,1999; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That pursuing an Appeal in this case is not in the best interests of the citizens of the City of Van Buren; SECTION 2: That the Clerk of the City of Van Buren is hereby directed to pay to the order of Lucy Richmond the sum of$41,370.60 and the City Attorney is hereby directed to cause an Order to be entered dismissing the appeal and satisfying the judgment. PASSED AND APPROVED THIS 0.014`DAY OF MARCH,2000. MAYORS b GGS ATTESTED: I if& CITY CLERK/TREASURER • On the agenda next was to consider an ORDINANCE RESTRICTING THE USE OF TOBACCO PRODUCTS IN THE FIELD OF DREAMS. The Clerk read the Ordinance in its entirety Alderman Swaim moved that the rules be suspended and the Ordinance 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 Parker, Spoon, Barker, Moore and Swaim. Alderman Taylor 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 Ordinance was read the second lime. Alderman Moore then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes- Alderman Parker, Spoon, Barker, Moore and Swaim. Alderman Taylor voted nay. The Mayor declared the MIC4;141ta owarrimat ao thane wawa five(5)ayes'. and(1)nay. Four(4)votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman Taylor asked why they were restricting just the Field of Dreams. Alderman Parker asked about the Boys and Girls Club. The Mayor said that it was up to the Boys and Girls Club whether they have a smoke free area or not. Alan Swaim said the Boys and Girls Club were already smoke free. Alderman Swaim said that the Field of Dreams was basically dedicated to t 1i11tur.44 A4it1 W4tiIA14461ll#P#I( then H tI6t1 tti hee trite. d man tnititsltiiig amts. Ddth6i•at$1ted dt tnst doftigtidtud arum. 1 Alderman Swaim said he had asked the Mayor about des Ydesignated areas and the Mayor said they had tried this for two (2) years but it has not worked. Mayor Riggs explained that all High School Campuses are smoke free. 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 Parker, Spoon, Barker, Moore and Swaim. Alderman Taylor abstained. The Mayor declared the Ordinance passed as there were five (5) ayes and(1)nay. Four(4)votes being necessary for passage. THE ORDIANNCE WAS GIVEN THE NUMBER 07-2000 N Wim. U.! ..UtWnn, �``g2� m=WZ $�`ocm •}e-ftl8 b, toc6,z= 1,-1HpW Uy �:r 3 Oirj z< -ci SS 21 .2.. OpO.Zff (( m f.• c...co e:sZ -1ftI •3 iz r. R.xN c Q_ C�I = U m WZZ>N '� Wo m owW ZZtHLL2z-aSp�LLa Z�. fa:: p�OZ QUUOW o p . u3 � ----Tu) -1 03 p Q. 2va zxaaz0. U QaoiQUQOQ¢0... ommiaiU ...0sa.s. o7, ,aO . V ill Next on the agenda was the t'reasurer's Report. 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Cb)ro000 N a --�Ux .0 -' .00H 4-' 0 .cs4H 0 0 U a) al 14 B O O O J� ro 0 0 ro +� C H 0 ro a�.4 H U Si . 1:-14e W C4 CO Wtn �.W WUHW aU (n 4-, E HHhQU H In tnO 364 H v) Uhw E4 lnoww H G5 CJS x HV i 0 o Z t Next Police, Fire, Fire Marshal, Building Inspector's, KOH Auditorium Commission and Boys/Girls Club reports were presented for filing. Next Mayor Riggs said he needed the Council's approval to do a change order for Phase IV of the Street Program. He said there was one section down by Washington Street, between 611 and 7th street that had been left out also some guardrails that needed to be replaced. The Mayor said the cost was $14,965.20. Alderman Swaim seconded by Alderman Taylor made a motion to approve the change order. The Council followed with a unanimous vote. Next was any item from any citizen present. There was none. Next was Miscellaneous and General Discussion. There was none. There being no further business motion was made by Alderman Parker seconded by Alderman Swaim to adjourn. The City Council members followed with a unanimous vote. The meeting adjourned at 7:40 p.m.. APPROVED: ATTESTED: MAYOR v61A. CITY CLERK I I ff.