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04 April 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING APRIL 16, 2007 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, April 16, 2007 at City Hall. The meeting was called to order by Mayor Freeman. On roll call the tollowing Council members answered as their names were called: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. City Attorney Donald Jenkins and City Clerk Treasurer Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Paul Gant, Attorney and member of First Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on March 26, 2007. Alderman Swaim made a motion to approve the minutes. Alderman Sagely seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The following voted nay: none. On the agenda next was to consider A RESOLUTION TO RECOGNIZE MAY 3, 2007 AS NATIONAL DAY OF PRAYER, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Johnson moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. Nays 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. Section I. THE RESOLUTION WAS GIVEN THE NUMBER 4 -1 -2007 BE IT ENACTED 13Y THE CITY COUNCIL, FOR TFIE CITY OF VAN 13UREN, ARKANSAS, A RESOLUTION TO BE ENTITLED. WHEREAS, America was founded on the principles of religious faith and freedom; and WI IEREAS, throughout the history of our state and nation, we have humbly prayed for guidance and coin fort where needed, and have given thanks for our many blessings that God has graciously bestowed on this nation since its inception; and WI-IEREAS, the National Day of Prayer is a day set aside by Congress for all Americans to pray and reaffirm the spiritual principles upon which this nation was founded; and WHEREAS, this year marks the 56' Anniversary of the consecutive annual observance of the National Day of Prayer, and the theme "America, Honor God," based on I Samuel 2:30: "Those who honor me, I will honor."; and WHEREAS, across our nation on May 3` Americans will unite at specific times in prayer for our nation and state to acknowledge our dependence on God, to give thanks for the many blessings our country has received from Him, to recognize our need for personal and corporate renewal and moral value, and to invoke God's blessings upon our leaders and ask God to heal and unite our nation and state; NOW, THEREFORE, BE IT RESOLVED BY 771E CITY COUNCIL OF VAN 13UREN, ARKANSAS, THAT: IN TESTIMONY WIIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and fl against, the foregoing Resolution at its meeting held on the 16th day of April 2007. ATTESTED: 13arhie Curtis, City Clerk/Treasurer APPROVE AS TO FORM: N. Dona CITY OF VAN 13UREN, ARKANSAS RESOLUTION NO. '4' 1 -2007 A RESOLUTION TO RECOGNIZE MAY 3, 2007 AS NATIONAL DAY OF PRAYER, AND FOR 01'IIE12 PURPOSES. The City Council and the City of Van Buren hereby recognizes May 3, 2007, as "A Day of Prayer" in the City of Van Buren, Arkansas and urges all residents to pray with diligence, humility and obedience and seek the face of Almighty God to direct our paths in the days and years ahead. ity Attorney Robert D. Free On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "NORTHRIDGE PHASE XII" (Lots 334 -414 and Tracts "A" and "B WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays 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 4 -2 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. l' o) -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "NORTHRIDGE PHASE XII" (Lots 334 -414 and Tracts "A" and "B WITHIN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, the City of Van Buren. Arkansas, is duly incorporated under the laws of the State of Arkansas, with all powers, authority and duties of a city of the first class; and WHEREAS, the City of Van Buren has adopted the Subdivision Regulations for the City of Van Buren (Ordinance No. 7- 2003); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: Section 1. Subject to the assurances provided in the Code of General Orders of the City of Van Buren Subdivision Regulations Title 15 et seq., being executed to assure that all improvements are put in and that all requirements of the Planning Commission are met, the submitted plat for the "NorthRidge Phase XII" (Lots 334 -414 and Tracts "A" and "B within the City of Van Buren, Arkansas, is approved; and Section 2. The Mayor is hereby authorized and directed to sign said plat document, and the City Clerk is hereby authorized and directed to attest to same, upon acceptance of the constructed improvements by the City, and/or, upon filing of any requisite bonds with the City Clerk. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its meeting held on the 16th day of April 2007. A1IESTED: r, T, Barbie Curtis, City Clerk/Treasurer Robert 1. Freeman, On the agenda next was to consider A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays 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 LIVEN THE NUMBER 4 -3 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. H 3 -2007 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. WHEREAS, The Mayor of Van Buren needs to advertise for bids on property insurance, which expires June 25, 2007: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the Mayor is authorized and directed to cause to be drafted a list of needed insurance. SECTION 2: THAT after said list is prepared and incorporated into a Notice to Bidders, the City Clerk is authorized and direeted to advertise for bids for said insurance. PASSED AND APPROVED THIS 1 V DAY OF APRIL, 2007. ATTESTED: ewn CITY CLERK TREASURER On the agenda next was to consider A RESOLUTION TO AMEND RESOLUTION NO. 12 -7 -2007. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays 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 4 -4 -2007 A RESOLUTION TO AMEND RESOLUTION NO. 12 -7 -2007. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 1. THAT it is necessary to authorize signatures of individuals authorized to draw vouchers on funds dcposited in various banks by the City of Van Buren, Arkansas. Effective January 1, 2007, the said bank or banks are hereby authorized to pay out funds on deposit with them from time to time to be credited to the City of Van Buren, Arkansas, upon vouchers drawn upon said banks and signed by any combination of the following two persons: the Mayor, Bob Freeman, City Clerk Treasurer, Barbie Curtis, Administrative Assistant, Vivian Mitchell, or Deputy City Clerk, Connie Hyatt. 2. THAT it is also necessary to authorize entry into Safety Deposit Box or Boxes now leased by the City of Van Buren, Arkansas, or leased by them in the future. Effective January 1, 2007, the said bank or banks are authorized to allow into Safety Deposit Box or Boxes now in the name of the City of Van Buren, Arkansas, by the Mayor, Bob Freeman, or the City Clerk- Treasurer, Barbie Curtis, or Administrative Assistant, Vivian Mitchell, or Deputy City Clerk, Connie I-Iyatt, or by any one of them. 3. THAT the Mayor, Bob Freeman, the City Clerk- Treasurer, Barbie Curtis, the Administrative Assistant, Vivian Mitchell, and Deputy City Clerk, Connie Hyatt, are authorized and directed to sign signature cards with each of the banks to carry out the purpose of this Resolution. 4. THAT the City Clerk- Treasurer is directed to furnish a copy of this Resolution under the Seal of the City of Van Buren, Arkansas, to each of the banks with which the City has or will have Depository arrangements and /or Safety Deposit Boxes. PASSED AND APPROVED THIS ILD DAY OF n l� 2007. ATTESTED: ah c A Q, 0,uudr,t7aJ City of Van Buren, Arkansas Resolution No. 4 —`C -2007 CITY CLERK TREASURER, BARBIE CURTIS 9 MAN •RR On the agenda next was to consider A RESOLUTION TO CONTRACT WITH IRVIN LAWN CARE MOWING OF THE VAN BUREN MUNICIPAL COMPLEX, CITY PARK, RIVER FRONT PARK, AND VARIOUS OTHER PARCELS SET FORTH IN APPENDIX "A" TO THE CONTRACT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Parker spoke and asked if the Public Library was also covered. The Mayor responded and said yes. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays 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 4 -5 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4-5 -2007 130 IT ENACTED BY THE CITY COUNCIL, FOR 1110 CITY OF VAN BUREN, ARKANSAS, A RESOLUTION' 10 BE ENTITLED. A RESOLUTION TO CONTRACT WITH I IR V IN LAWN CARE MOWING OF THE VAN BUREN MUNICIPAL CODII'LEX, CI'T'Y I'AIRK, RIVER FRONT PARK, AND VARIOUS OTlIER PARCELS SET FORTH IN APPENDIX "A" TO THE, CONTRACT. WIIEREAS, the City of Van Buren owns and maintains Municipal Complex, City Park, River Front Park, and various other parcels set forth in Appendix "A" to the attached contract; and WHEREAS, the City of Van Buren let bids for the mowing, edging and trimming of said Facilities; and WIIEREAS, Irvin Lawn Care was the lowest bidder meeting specifications with an annual price of $36,000 for said services; and WI IEREAS, the City of Van Buren desires to enter into a I -year contract with Irvin Lawn Care for the mowing, edging and trimming of said facilities; and WI IEREAS, funds for the mowing contract shall come from Administrative Building Mainlenacc, line item number 5- 11- 5055 -00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: Section I. That the City of Van Buren, Arkansas shall contract with Irvin Lawn Care for the purpose of mowing, edging and trimming the Municipal Complex, City Park, River Front Park, and various other parcels of city property as set forth in Appendix "A" to the contract. A copy of said contract is attached hereto as "Exhibit 1." Section 2. The Mayor, Robert Freeman and City Clerk, Barbie Curtis are hereby authorized by the City Council for the City of Van Buren to execute all documents necessary to effectuate the agreement IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas. by its City Council, did pass. approve, and adopt, by a vote of (p_ for and O against, the foregoing Resolution at its meeting held on the 16th day of April 2007. ATTESTED: -Paraxkoa., Ilarbie Curtis. City Clerk/Treasurer APPRO i) AS "0 FORM: mey On the agenda next was to consider AN ORDINANCE TO AUTHORIZE THE CITY OF VAN BUREN TO OPT OUT OF THE "DARK SKIES PROVISION" OF THE ARKANSAS SHIELDED OUTDOOR LIGHTING ACT, DETERMINING THAT THE COST OF ACQUIRING "SHIELDED" OUTDOOR LIGHTING FIXTURES IS COST PROHIBITIVE, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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. Motion was made by Alderman Swaim and seconded by Alderman Moore, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes: Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 6-2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AUTHORIZE THE. CITY OF VAN BUREN TO OPT OUT OF THE "DARK SKIES PROVISION" OF THE ARKANSAS SHIELDED OUTDOOR LIGHTING ACT, DETER- MINING THAT THE COST OF ACQUIRING "SHIELDED" OUTDOOR LIGHTING FIXTURES I5 COST PROHIBITIVE, DECLARING AN EMER- GENCY, AND FOR OTHER PURPOSES. WHEREAS, the "Arkansas Shielded Outdoor Lighting Act as amended by Act 11 of 2006 Arkansas Code Annotated 8 -14 -10 through 8-14-104 (herein- after, "the Act.") prohibits the use of public funds to install outdoor lighting fixtures that are not shielded to direct light to- ward the ground unless the governing body deter- mines by ordinance that the cost of acquiring shielded outdoor lighting fixtures will be prohibi- tive; and WHEREAS, the Act further provides that said prohibi- tion shall not apply to any municipality if the govern- ing body Of the municipal- ity determines ,by ordi- nance thatthe cost of ac- quiring a shielded outdoor lighting' fixture will be prohibitive after compar- ing the cost of the fixtures and the projected energy cost of. the operative of the fixtures; and THE ORDINANCE WAS GIVEN THE NUMBER 6- 2007 WHEREAS, the installation of shielded fixtures will' not reduce the cost of electrical usage or result in any other cost savings to the City. NOW; THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1 The City Council has determined that the cost of acquiring new shielded outdoor lighting fixtures will be cost prohibitive in that such shielded fixtures would add an additional cost per month of ap proximately $1.08, for each 9,500 lumen light tol be added or replaced. Ad -j ditionally, the City Council' finds that the cost of shielded lighting, over non shielded fixtures,' would be cost prohibitiveI in that a shielded light 0 luminates a much smaller area. than the existing type alighting used in the city of Van Buren, and therefore, lighting our ex- isting neighborhoods with the equivalent candlelight to our present system would require the pur- chase and installation of, additional fixtures per block; and SECTION 2: Based on the determination that the cost of acquiring shielded outdoor lighting fixtures would be cost prohibitive, and due to constraints and the number of street light fixtures maintained by the City, the City of Van Buren hereby ex- pressly intends to avail it- self of the exemption from the requirements of the Act pertaining to the purchase of the new shielded outdoor lighting fixtures, and that, pursu- ant to A.S.A 8- 14- 104(a)(1)(B), as amended by Act 11 of 2006, the prohibition against using public funds to install non shielded street light fixtures shall not apply to the City of Van Buren. SECTION 3: Emergency' Clause. The ability to properly light municipal streets and roadways,, and to do so in the most economically possible' manner in order to assure: that more streets are, and remain, lighted' is essen- tial to the public health,' safety and welfare, and this goal can be more eas-I ily met by compliance: with the terms of this or- dinance; an emergency is therefore, declared to ex- ist and this ordinance shall be in full force and effect from and after the date of its passage. SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provi- sion or part of a provision herein, is declared to be unconstitutional, inappro- priate, or invalid by any, court of competent juris -j diction, such holding shall not invalidate or affect the remainder of this Or- dinance and to that extent' the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, by its City Coun- cil, did pass approve, and adopt, by a vote of 6 for an 0 against, the forego- ing Ordinance at its meet- ing held on the 16th day of April, 2007. Robert D. Freeman, Mayor Attested: Barbie Curtis, City Clerk/Treasurer Approved as to form: N.Donald Jenkins, Jr., City Attorney Published in the April 21, 2007 issue of the Press Ar- gus- Courier. —1 On the agenda next was to consider AN ORDINANCE PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS FOR CITY ORDINANCES 8 -2006 AND 14 -2006, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd, and Sagely. The Mayor declared the notion 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 Aldennan Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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. Alderman Johnson spoke and asked if he was to understand by this Ordinance that any dispatched ambulance has to be the one with the Franchise. Is that correct? But any household call can be any ambulance, correct? Even if the hospital dispatches an ambulance, it has to be with the Franchise, correct? City Attorney Donald Jenkins answered, saying it's suppose to be. That's the way the Arkansas Municipal Act reads and that's the way I take it to read. Alderman Johnson spoke and said right now that the hospital is on rotation, is that correct? Mr. Hines with Southwest EMS spoke and said yes that was correct. Alderman Johnson spoke and said, "So after this, they should get a copy of this and abide by the Ordinance, correct City Attorney Donald Jenkins spoke and said if they have a contract in place, then we can look at it and see how it messes with the Ordinance. It's not clear Statutory Guide that's out there, but we'll try to do what's best for preservation of our contract and keep us out of any potential litigation. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Aldennan 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, Johnson, 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. Motion was made by Alderman Swaim and seconded by Alderman Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. ORDINANCE NO. 7 -2007 CITY OF VAN BUREN, AR- KANSAS BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BU- REN, ARKANSAS, AN ORDINANCE TO BE EN- TITLED. AN ORDINANCE PROVID- ING FOR FINES AND PEN- ALTIES FOR VIOLATIONS OF CITY ORDINANCES 8 -2006 AND 14 -2006, DE- CLARING AN EMERGENCY, AND FOR OTHER PUR- POSES. WHEREAS, The City of Van Buren, Arkansas, is authorized pursuant to the Arkansas MUNICIPAL AMBULANCE LICENSING ACT, ARKANSAS CODE ANNOTATED 5 14- 266- 102(A)(I) to fran- chise and regulate emer- gency and non -emer- gency ambulance services and companies providing such services; and WHEREAS. The City of Van Buren has determined that it is appropriate to exercise such authority and has exercised such authority by adoption of Ordinance 8 -2006 and 14 -2006 in order to pro- vide for the health, safety and welfare of its citizens; and WHEREAS, The City is aware of actual or poten- tial violations of such en- actments and has deter- mined that additional measures are necessary for the enforcement of such ordinances; and WHEREAS, the promulga- tion and adoption of this Ordinance is made pursu- ant to the City of Van Bu- ren's police power; and WHEREAS, the City of Van Buren has found that pur- poses herein require im- mediate attention, for the protection of the health, welfare and safety of the inhabitants of the City of Van Buren, and as herein set out, an emergency ex- ists and is hereby de- clared to exist, and this ordinance shall be and be- come effective immedi- ately upon this passage and adoption by the City .Council___._. THE ORDINANCE WAS GIVEN THE NUMBER 7 -2007 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: Any person, entity, firm, corporation or association "ambu- lance provider found to be offering or providing ambulance services, ei- ther emergency or non emergency, in viola- tion of Van' Buren Ordi- nance No. 8 -2006 and 14 -2006, upon conviction shall be subject to fines of not less than One Hun- dred Dollars (5100.00) but not more than Five Hun- dred Dollars (5500.00) and these penalties shall as- sess per violation. Each unauthorized ambulance run or response shall be considered' 'a Separate violation. SECTION 2: The provisions of this Ordinance shall not apply to any ambulance provider authorized to conduct business outside of the City of Van Buren. who transports persons or patients into or through the City of Van Buren inci- dental to an emergency or non emergency call obli- gation originating outside the city limits of the City of Van Buren. SECTION 3: The purpose and enforcement of this Ordinance shall not apply to any ambulance pror vider performing services as part of mutual aid agreement, or incident to mass casualty or disaster, or as incidental to a state or federal contract, or for services otherwise ex- empt for the MUNICIPAL AMBULANCE LICENSE ACT. SECTION 4: Any dis- other ef perso or who will- fully dispatches an ambu- lance .service, within the city limits of Van Buren, to a service provider other than one covered by an exclusive franchise agreement shall be guilty of a misdemeanor and subject to a fine not to ex• teed Five Hundred Dollars ($500.00) SECTION 5: Emergency Clause. It is hereby found and determined by the City Council that an emer gency exists in the City of Van Buren, Arkansas, re quiring the enforcement' of the exclusive emer- gency and non emergency ambulance franchise agreement. This Ordi -1 nance being necessary for the immediate preserva- tion of the public health, safety and welfare, an emergency is therefore declared to exist and this' ordinance shall be in full: force. and effect from ands, after the date of its pas sage. SECTION 6: The various provisions and parts of this Ordinance are hereby, declared to be severable,I and, if any section or part of a section, or any provi- sion or part of a provision herein. is declared to be unconstitutional, inappro-, priate, or invalid by any court of competent juris -I diction, such holding shall, not invalidate or affect the remainder of this Or dinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, by its City Coun cil, did pass approve, and adopt, by a vote of -6 for and 0 against, the forego- ing Ordinance at its meet- ing held on the 16th day of April 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney Published in the A 2007 issue of the P, gus- Courier On the agenda next was to consider AN ORDINANCE AMENDING TITLE 6 (SECTION 6.04.01 OF THE VAN BUREN MUNICIPAL CODE) TO ADDRESS VICIOUS OR DANGEROUS DOGS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in part. Interrupted by Mayor Freeman, he asked if there are no objections, do we have a motion to suspend the rules and go to the second reading. Motion was made by Alderman Swaim and seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 by heading only 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 Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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 by heading only the third and final time. The Mayor asked if there was any discussion. Alderman Johnson spoke asking if this was retroactive. City Attorney Donald Jenkins replied saying it applies immediately. 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, Johnson, 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. Motion was made by Alderman Swaim and seconded by Alderman Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 8-2007 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE. AMEND- ING—TITLE 6 (SECTION 6.04.1 OF THE VAN BU- REN MUNICIPAL CODE) TO ADDRESS VICIOUS OR DANGEROUS DOGS, DE- CLARING AN EMERGENCY AND FOR OTHER PUR- POSES WHEREAS, the City of Van Buren, has found that the keeping of vicious and dangerous dogg inside the corporate limits is a pub- lic nuisance and a serious threat to the health and safety of its citizens and the community; and WHEREAS, the City of Van Buren has deter- mined that reasonable rules and are needed to protect its citi- zens and other animals from attacks by vicious or dangerous dogs; and WHEREAS, the promulga- tion and adoption of this Ordinance is made pursu ant tothe fen's police power; and„ WHEREAS, the City of -Van Buren has found that pur- poses hereof require im- mediate attention, for the protection of the health, welfare and safety of the inhabitants of'the City of Van Buren, and as herein set out, an emergency ex- ists and is hereby de- clared to exist, and this ordinance shall be and be- come effective immedi- ately upon this passage and adoption by the City Council. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS; THAT: SECTION 1: Ordinance Number 26 -1996 (Section 6.04.11 of the Van Buren Municipal Code) is amended, following sub- section "A top read as follows THE ORDINANCE WAS GIVEN THE NUMBER 8 -2007 B. "Vicious dog means any dog which has: 1. A disposition to bite hu- man beings or other ani- mals, and any dog which has bitten or attempted to bite any human being or other animal within the immediately preceding six (6) month; however, the fact that a dog has bitten or attempted to bite some person or animal in direct reaction to being teased or molested by that per- son or animal shall not cause that dog to be con- sidered a vicious dog within the sense of this definition. Similarly, the fact that a dog has bitten or attempted to bite some person or another animal, when that person or other animal has intruded into a confined area being pro- tected by the animal, shall not cause it to be consid- ered a vicious dog under this definition; 2. Cause a life- threatening injury, broken bone, multi- ple sutures, or any injury requiring medical atten- tion to a person or domes- tic animal, without provo- cation, on public or pri- vate property; or. 3. Killed a domestic ani- mal, without provocation, on public or private prop- erty; or 4. Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for fight- ing. c. "Dangerous Dog" means any dog which dis- plays Or has a tendency, disposition or propensity to: 1. Bare its teeth'or ap- proach in a menacing. manner a person. or: do mestic animal that i provoking the dog, or' iyr; 2. Attack, chase, charge or bite a person or domes- tic animal in a menacing manner; or attempt to do so. D. Classification of a dog as a "vicious" or "danger- ous": The following proce- dure shall be followed for classifying a dog as vi- cious or dangerous: 1. Animal Control shall be authorized initially to classify a dog as danger- ous or vicious. Animal Control may find and de- clare a dog to be vicious or dangerous if the officer his probable cause to be- lieve that the dog falls within the definition set forth herein,• The finding must be based upon: a. The written complaint of a.citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition set forth herein; or H.• No person shall own, possess or cause to be in the city any dog which Animal Control has deter- mined to be a dangerous or vicious dog, unless it is restrained, confined or muzzled so that it cannot charge, attack, bite or cause injury to any person or domestic animal, and unless it is maintained at all times in compliance with any order of compli- ance issued under•this•ar- ticle.- I:.Upon determination that a dog .or vicious,. Animal Control shall issue an or- der of•compliande requir- ing the owner or harborer immediately to confine, muzzle and restrain the dog sufficiently to protect all persons and domestic animals, and otherwise to coinply completely I with the terms of this article. Coming into full compli- ance with this article shall not exceed forty -five (45) business days from the date of issuance of the or- der of compliance.- J. The order of compliance may, in the reasonable discretion of Animal Con trol;require that: 1. When 'outside of the walls of the owner's or harborer's home, the dog shall be confined in- pen as set forth in the defini- tion of "pen" in this sec- tion except when entering or exiting the pen. '2. It shall be unlawful for !a vicious dog to be out- side of a dwelling or en closure unless it is neces- isary for the owner or har- norer thereof to obtain veterinarycare' for the vi- lcious dog or to sell or give (away 'the:vicious dog -or !to comply with com- mands or directions of 'Animal Control with re- spect to the vicious dog. In such event, the vicious 'dog shall be securely 'muzzled and restrained with a chain leash not ex- ceeding four (4) feet in length, and shall.be under the direct control and su- !pervision of an' individual 'capable of restraining and !controlling the vicious PAGE 1 OF 1 .'3 -Th ow ner's or harbor ier's home and the dog's jpen shall be posted with !firmly attached'' and prominently displayed signs warning the public that the dog is dangerous or vicious. These signs shall be furnished by the City of.Van Buren and will be distributed upon pay- ment of any license fee required to be paid pursu- ant tothis. Ordinance. 4. The owner, of: harborer of a vicious dog.shall pro- vide proof upon request by an animal control or law enforcement officer of liability insurance in the amount of $1,000,000.00 covering harm done by the dog. The owner or harborer of a vicious dog shall pro- v ide, proof upon request by an- animal control or l aw enforcement officer t hat the dog has been s payed or neutered. K. Upon a' determination that a dog: 1. Is a dangerous dog, the owner or harborer shall present the dog for photo- graphing by Animal Con- trol sufficient to identify the dog for city records and have a .microchip identification implanted by'a licensed veterinarian or any area humane soci- ety. 2. If a vicious 'dog, the owner or harborer 'shall present the dog for photo- graphing by Animal Con- trol sufficient to identify the dog, for city records, and have a microchip, i dentification implanted by a licensed veterinarian or any area humane soci- ety. L By continuing to be an owner or harborer of a dog within the city, which h as been determined to be dangerous or vicious d og, the owner or dog h arborer shall be deemed to have given implied coil- sent to reasonable inspec tions by Animal Control of the dog, of the premises where it is kept, and of documents evidencing any required liability in- surance. 'M.IIf the owner or har- borer fails to meet fully Animal Control's require- ments for temporary con- finement and restraint,in- cluding any schedule of I construction of pen or re- straints, or fails to main- tain full compliance with the order of compliance, Animal Control may seize and impound the dog, and may after (5) busi- ness days humanely de- stroy it, unless the owner 'or harborer has demon- strated hill obedience to the requirements for tem- porary confinement and the order of compliance, in which case the dog may be returned after payment of all impound- ment costs and fees. N. A determination that a dog is dangerous or vi- cious shall stand until Ani- mal Control determines otherwise by written find- ing. 0. No person shall be an owner of harborer of or cause to be in the City:, 1. Any dog determined to be a dangerous dog by Animal Control unless an annual special license fee of $250.00 shall have been paid to the city; or 2. Any dog classified vi- cious' by Animal Control unless an annual special license fee of $1,000.00 shall have been paid to the city. No such license shall be issued except upon proof of paid annual liability insurance in the amount of $1,000,000.00 as required by this ordi- nance. P. The owner or harborer of a dog in violation of any provision of this sec- tion shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by the assessment of a fine up to $500.00 per oc currence.• Q. If a complaint has been filed in the district court against the owner of har- borer of an impounded dog for violation of this section, it shall not be re- leased except on the or- der of the court, which order may also direct the owner. or harborer to pay a fine and all impound- ment fees. Upon finding that the dog is vicious, the court may order it to be euthanized in a humane manner.. Surrender of a dog by the owner other- borer there of to .Animal Control shall not render the owner or harborer im- mune from the fines and fees of.this article. THE ORDINANCE WAS GIVEN THE NUMBER 8 -2007 R. An owner or harborer of a dangerous or vicious dog, who desires to trans- fer possession of the dog shall, at least three (3) days prior to the transfer, complete and return a no- tarized transfer from pro- vided by Animal Control. 5. Any notice required un- der this article shall be deemed delivered: 1. Five (5) business days after being mailed, first class postage prepaid; to the residential or busi- ness address of the owner or harborer; 2. Twenty-four (24) after being posted at the loca tion. where the dog is held, unless it is im -I pounded by the city; or 3. Upon hand delivery to the owner or harborer. T. It shall be an affirma- tive defense to prosecu- I tion under this article that ithe dog: 1. Is owned by a taW en- forcement agency and used for lawrenforcement purposes; or 2. Directed its'behavior at a• person who was com- mitting a willful trespass or other tort upon the property of the owner; or 3. Directed its behavior at a person who was com- mitting a violent offense to the owner or dog when off the owner's property, but under restraint; Or 4. At the time of its behav- ior'was in custody of a veterinarian or animal shelter. U. It shall be unlawful for any dog owner or har- borer knowingly to allow Isuch dog- to` run at large 'within the corporate lim- its of the city. V. For the purposes of this section "Pen" shall mean an enclosure for domestic animals meeting the fol- lowing requirements: I. The minimum pen size shall i be 4'X6 or twenty tour (24)"`square feet for one dog under fifty (50) lbs. For dogs over fifty (50) lbs., the minimum pen size shall be 5X10', or fifty (50) square feet. 2. In all pens, each dog housed therein shall have room to stand, lie down, turn around and sit nor- mally away from its own waste; this requires a minimum of 4'X 6'. A pen 5' X 10' shall hold no more than one (1) large, or two (2) medium, or three (3) small need dogs. 3. All pens shall be a mini- mum •of six (6) feet in (height. 4. All penssurrounded on all sides and top by chain- link fencing of at.least No. 9 gauge, with steel.ties, maximum 2.5 -inch mesh, with concrete or similar flooring or with side fenc- ing buried 18 inches into the ground, and with gates padlocked. W. All other provisions of this article notwithstand- ing, any vicious. dog, for which an order of compli- ance has been issued, but which is thereafter found outside the walls of the owner's or harborer's home or pen, shall be hu- manely destroyed five (5) days from the time of no- tification of the owner or harborer as set forth- in Section 6.04.08 of the Van Buren Municipal Code. SECTION 2_ Emergency Clause. It is hereby found and .determined by the City Council that an emer- gency exists in the City of Van Buren, Arkansas, re- quiring specific regulation of "dangerous" and "vi- cious" dogs. This Ordi- nance being necessary for the immediate preserva- tion of the public health, safety and welfare, an emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after the date of its pas- sage. SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and; if any section or part of a section, or any provi- sion' or part of a provision herein, is declared to be unconstitutional, inappro- priate, or invalid by any court of 'competent juris- diction, such holding shall not invalidate or affect the remainder of this Or- dinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, by its City Coun- cil, did pass; approve, and adopt, bye vote 'of 6 for and 0 against, the forego- ing Ordinance at its meet- ing held on the .16th day of April 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney Published in .the April 21, 2007 issue of the Press Ar- gus- Courier PAGE2OF2 On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE REPAIR OF A COLLAPSED SEWER LINE. 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, Johnson, 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 tine. Alderman Swaim moved that the rules he 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 Aldennan Swaim, Parker, Moore, Johnson, 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 Aldennan Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, 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. Motion was made by Alderman Swaim and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN ARKANSAS ORDINANCE NO. 9 ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE REPAIR OF A COLLAPSED .II SEWER LINE. WHEREAS, the Van Buren Municipal Utilities Com- mission must maintain the sewer lines and facili- ties within its system for the benefit of its citizen; and WHEREAS, there Ares- ently exists a collapsing main truck sewer line situated south of the in- tersection of Coop Drive and 28th Street in the Van Buren Industrial Park; and I WHEREAS, said sewer line is subject to impending failure if not repaired forthwith; and WHEREAS, time is of the essence to prevent this possible failure with the sewer system to the se vere detriment' to the Utilities' customers'; and THE ORDINANCE WAS GIVEN THE NUMBER 9 -2007 WHEREAS, The Van Buren Municipal Utilities Com- mission has obtained from' Gastony 'Directional Boring, Inc. of Fort Smith, I Arkansas. an estimated cost for the aforesaid re- pairs in the' amount of $67,176.00; "and WHEREAS, 3 A.C.A 14- 58.0330 et seq: author izes the Van Buren City Council to waive competi- tive bidding: in circum- I stances of' exceptional situations or if such bid- ding would be unfeasible or impractical? NOW THEREFORE, BE IT ORDAINED BY THE CITY 1 COUNCIL OF VAN BUREN, j ARKANSAS: Section 1: Due to an im- .mediate emergency need to repair' the sewer line referred to hereinabove, competitive bidding shall not be required for the contracting of services for _:said,ieoairs. Section 2: The Van Buren Municipal Utilities has ne- gotiated a proposed con- tract with Gastony Direc- tional Boring, Inc: to make said repairs for the sum of $67,176.00 and it is hereby authorized to enter into said Contract. An emer- gency is hereby declared to exist and this Ordi- nance shall take full force and effect upon its pas- sage. PASSED this 16th day of April, 2007. Approved: Robert D. Free- man, Mayor Attest: Barbie'Curtis, City Clerk/Treasurer Published, in the April 21, 2007 issuerof the Press Ar- gus-Courier. 0 On the agenda next was a request from Van Buren High School to close one block of Main Street from 4:00 p.m. to 9:00 p.m. on May 8, 2007 for use by the Van Buren High School Career Academies for their Educational "Academy Awards" Ceremony. Alderman Swaim seconded by Alderman Johnson made a motion to grant the request. The Council followed with a unanimous vote. On the agenda next was Boards and Commissions. Mayor Freeman received a request from Van Buren Tree City U.S.A. for the re- appointment for two year terms to the VBTCUSA of Mike Johnston and Michael Brammer. Alderman Swaim seconded by Alderman Parker made a motion to grant the request. The Council followed with a unanimous vote. On the agenda next was a letter to Mayor Freeman from Fairview Cemetery Board requesting that Colleen Stevenson fill the unexpired term of Nora Miller. Alderman Swaim seconded by Alderman Moore made a motion to grant the request. The Council followed with a unanimous vote. On the agenda next was a request from the Civil Service Commission appointing Nathan Hurst to a new 6 year term and Karen Pharis to another 6 -year tern. Alderman Swains seconded by Alderman Parker made a notion to grant the request. The Council followed with a unanimous vote. On the agenda next was a request from ADA (Americans with Disabilities Act) recommending that Mrs. Maiy McClain be the new ADA Coordinator. Alderman Moore seconded by Alderman Swaim made a motion to grant the request. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Moore to appropriate the sum of $1,132,088.82 to pay expenses and salaries for March 2007, presented by the City Clerk. The Council followed with a unanimous vote. 4 -10 -2007 11,38 AM 10 General Fund ASSETS ACCF8 ACCOUNT NAME 1000 Petty Cash 1020 Cash in Bank 1020.10 Caah in Bank Sales Tax City 1020.17 New Police Dept 1020.18 Cash in Bank pD Co Tax 1020.19 Cash in Bank FD Co Tax 1020.20 Cash In Bank Erosion Control 1020.27 Cash in Bank Levee 1020.31 Cash in Bank Parks Rec 1020.51 Cash in Bank Cemetery 1020.91 Cash in Bank Cap Imp 1040 Investments 1040.10 Investments Sales Tax City 1040.18 Investments PD Co Tax 1040.19 Investments FD Co Tax 1040.27 Investments Levee 1040.31 Investments Parks Rec 1040.51 investments Cemetery 1040.91 Investments Cap Imp 1050 Fixed Assets 1051 Accumulated Depreciation 1504 Due from Payroll 1505 Due From Other Funds 1520 Due from Street Fund 1540 Due From Library fund LIABILITIES AND FUND BALANCE 2000 Accounts Payable 2010 Municipal Health Ina. Payable 2030 Colonial Life Payable 2035 Credit Union -First Resource 2040 L0PF1 Payable 2050 National Foundation Life Ins. 2060 AFLAC 2080 conseco Payable 2090 New York Life Ins. Payable 2100 Life Ins. of Georgia Payable 2130 Garnishments Payable 2135 R. Allen Trust 65023556/0 2140 United Hay Payable 2150 Parks Rec. F.O.O. 2160 Pre -Paid Legal Services 2170 F.O.P. 2171 S.S. Police Benevolent Assoc. 2175 Van Buren Fire Fighters Union 2176 Van Buren Firemen Contribution C I T Y O F V A N 0 0 00 00 00 TRIAL BALANCE AS OF: MARCH 31ST, 2007 0.00 0.00 13,697.08 16,703.79 350.00 0.00 0.00 6.73 37,095.60 2,122.75 0.00 0.00 0.00 0.00 0.00 5.17 3,708.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,644.63 0.00 0.00 0.00 0.00 0.00 0.00 656.39 0.00 MONTH TO OATS DEBITS CREDITS 0.00 113,378.64 200.00 173,092.17 0.00 35,000.00 99,618.56 83,551.10 9,850.00 4.844.17 10,828.60 15,011.20 645,845.54 563,399.73 0.00 0.00 0.00 0.00 0.00 48,634.53 1,787,545.06 0.00 0.00 0.00 0.00 YEAR To DATE DEBITS CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,132, 088.822+ 250.00 PAGE: 997,007.68+ 121,510.32+ 3,913.63 150.00+ 7,692.57+ 1,814.62+ Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for tiling. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman spoke and said that the City was going to Advertise for bids for Phase X and Sidewalks. Mr. Michael Korbi spoke and said that he lives in the Oliver Springs Heights neighborhood. He said that the traffic that goes through on Durango is really bad and that it needs to be patrolled more often. He said that he has seen police patrolling it, but not as often as there needs to be. There used to be a stop sign and it was taken up. He has a concern because he has small children. He loves the neighborhood and doesn't want to move, but would like something done. He also said that the neighbors feel the same way. Alderman Parker spoke and said that at the Forum held on April 12, the problem was pointed out. She also said how she appreciated City Engineer Brad Baldwin, Jack Bernard and Bruce Coombes with the Street Department for taking time to come out. Also, City Hall looks great! Alderman Sagely spoke saying how Congressman Bozeman enjoyed Van Buren on his visit April 11. There being no further business, motion was made by Alderman Swaim and seconded by Alderman Johnson to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: /S CITY CLERK- TREASURER MAYOR