05 May 2011 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MAY 16, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, May 16,
2011 at City 1 -Iall. The meeting was called to order by Mayor Freeman. On roll call, the
following Council members answered as their names were called: Alderman Parker, Moore,
Ragsdale, Dodd, Sagely and Swaim. City Clerk- Treasurer Barbie Curtis and City Attorney
Candice Settle were present.. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Renee Henson of City Heights United Methodist 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 April 18, 2011. Alderman Swaim made a motion to approve the minutes. Alderman Parker
seconded the motion. On roll call, the following Council members voted aye: Alderman Parker,
Moore, Ragsdale, Dodd, Sagely and Swaim. The following voted nay: none.
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
MUNICIPAL PROPERTY PROGRAM PROPERTY INSURANCE. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman
gave a little background. Last year's awarded bid was $20,276.00. This year's increase is due to
the addition of the softball field, scoreboards, and the library. Alderman Swaim seconded by
Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely and Swaim.
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 5 -1 -2011
CI "rY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF MUNICIPAL
PROPERTY PROGRAM PROPERTY INSURANCE.
WHEREAS, The Mayor has advertised for bids for property insurance; and
WHEREAS, Bids have been received and opened as advertised; and
WHEREAS, Municipal Property Program of North Little Rock, Arkansas, was the
lowest bid in the amount of 32,232.56.
NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
Section 1: The bid of Municipal Property Program is reasonable and is hereby
accepted. The Mayor is authorized to contract with the Municipal
Property Program for property insurance in the amount of 32,232.56
from capital improvement funds.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and Q against, the foregoing Resolution at its
Regular Meeting held on the 16 day of May, 2011.
Robert D.
Mayor
ATTESTED: AP 0 D AS TO FORM:
`CJ U2�'IL 97.—
LAI
Barbie Curtis ..e A. Settle
City Clerk/Treasurer City Attorney
III
On agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR AND THE CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED
ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY
SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,
AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Mayor Freeman noted that three of these vehicles
were transferred from the police department for disposal. Alderman Swaim seconded by
Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd, Sagely and Swaim.
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 5 -2 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO.
011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND THE
CITY,CLERK TO REMOVE AND DISPOSE OF CERTAIN
FIXED ASSETS FROAI THE I TSEALED 0 VAN
BRUCTION
FIXED ASSET INVENTORY
OR OTHER METHODS AUTHORIZED UNDER TITE LAW,
AND FOR OTHER PURPOSES.
WHEREAS, vt h i e h yefVan Re are nger te, andfor beyond certain repair, and are r no longer ost effective, so which be as to no longer be needed by the City; and
WHEREAS, after an inventory of Fixed Assets, it is therefore recommended by our State
Auditor that said items or item be removed from the Citsts Fixed Asset
Inventory and disposed of by sealed bid, auction or as otherwise authorized
under Arkansas law.
NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following
assets auction or ther such methods authorized and horizedunder the e by sealed Asset e law.
D nartment Amount Deaeri.tian of Inventory Control tt
1996 Dodge Ram Truck Ma
Street Depart®ent $12,959. 1 16XOTS
2000
2000 Dodge Durango
Street Department $18,000. 1 B4HR28Y4YFl89I60
2003 Ford Crown Victoria ST -278
Street Department $20,304.0 2FAFp71W93X1889
2003 Ford Crown Victoria ST -279
Street Department $20,304.0 2FAFP71W0
2003 Dodge Durango 4x4 SUV ST -280
Street Department $22,061 ID4FIS38NX3F
1996 Dodge Truck PM -14
Property Maintenance $12,696. IB7HCI6X9TS
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and lQ' gar t, foregoing Resoludon at its
Regular Meeting eeting held on the I6 day of May
Robrt D.F e
Mayor
RI DA TO FORM:
ATTE TED: l
p a nib r Cendic Settle
Barbie Curtis City Attorney
Clerk/Treasurer
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR ARCHITECTURAL SERVICES FOR
DESIGN OF A NEW FIRE STATION AND REPLACEMENT POLICE STATION. The
Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman mentioned that six bids carne in. Chief Bell, Chief McAdoo and the mayor sat
down to go over each bid and came to the conclusion that Architecture Plus was the best choice.
He also noted that this process is just going to get some designs going. 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 Parker, Moore, Ragsdale, Dodd, Sagely and
Swaim. 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 5 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5 3 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A CONTRACT FOR ARCHITECTURAL SERVICES FOR
DESIGN OF A NEW FIRE STATION AND REPLACEMENT POLICE
STATION.
WHEREAS, The City of Van Buren, Arkansas has determined that it needs architectural
services in connection with the design of a new fire station and replacement
police station within the City; and
WHEREAS, The City advertised for services and the selection committee recommends
Architecture Plus, Inc., to be hired for afore mentioned services.
NOW; THEREFORE, BE Tr RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: The Mayor is authorized to enter into a contract with Architecture Plus, Inc.,
to provide architectural services for the project of designing of a new fire
station and replacement police station.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of 0 for and a against, the foregoing Resolution
at its Regular Meeting held on the 16 day of May, 2011.
4 4AA
Robert D. F eeman
Mayor
ATTESTED: A VED TO FORM:
P 1 F�•
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ADVERTISE FOR BIDS FOR THE JORDAN STREET DRAINAGE
IMPROVEMENT PROJECT 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 Ragsdale moved that the Resolution
be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman
Parker, Moore, Ragsdale, Dodd, Sagely and Swaim. 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 5 -4 -2011
CITY OF VAN BURF,N, ARKANSAS
RESOLUTION NO. 5 2011
BE IT ENACTED BY THE CPI'Y COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTfrLED:
A RESOLUTION AUTHORIZING TIIE MAYOR TO
ADVERTISE FOR BIDS FOR TIE JORDAN STREET
DRAINAGE IMPROVEMENT PROJECT WITHIN THE
CITY OE VAN BUREN, ARKANSAS.
WHEREAS, The City of Van Buren desires to make drainage improvements in the
Jordan Street area within the city limits; and
WHEREAS, In order to achieve the best price for said drainage improvements, the
City desires to competitively bid the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
Section 1: The Mayor is authorized and directed, along with the City Engineer to
draft specifications for the drainage project; and
Section 2: That after said specifications are incorporated into a'Notice to
Bidders," the City Clerk is authorized and directed to advertise for
bids for said project.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and against, the foregoing Resolution at its
Regular Meeting held on the 16 day of May, 2011.
0 I
Robert D. Freem.
Mayor
ATTESTED: I VED AS TO FORM:
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE MODIFYING THE
CONTRACT FOR THE COMPLETION OF THE VAN BUREN LIBRARY PROJECT
TO INCORPORATE CHANGE ORDERS; FOR THE APPROPRIATION OF FUNDS;
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.
The council followed with a unanimous vote. The Clerk then read the Ordinance the second
time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. Mayor Freeman said that this is the final payment
to Crawford Construction for the library completion and also explained the breakdown of the
change orders. Aldermen Parker and Swaim commented on the job well done.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd,
Sagely and Swaim. 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 Parker, Moore, Ragsdale, Dodd, Sagely and Swaim. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 16 -2011
ORDINANCE NUMBER 16 -2011 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1.D 2011
BE IT ENACTED BY TILE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE MODIFYING YEIE CONTRACT FOR THE
COMPLETION OF TITE VAN BUREN LIBRARY PROJECT TO
INCORPORATECHANGE ORDERS; FOR THE
APPROPRIATION OF FUNDS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren previously contracted with Crawford Construction Company to
complete the Van Buren Public Library. The initial contract was in the amount of
51,315,200.00, however, an additional 276,297.07 is necessary to pay outstanding balances
to subcontractors and suppliers from the previous contractor and construction change orders
making the total project. cost $1,591,497.07; and
WHEREAS, Based on a review by the Mayor's Office, the City of Van Buren has determined that the
change orders hereto are in the best interest of the City and will benefit the health, safety
and welfare of the citizens of Van Buren; and
WHEREAS, The City Council has determined pursuant to ARK. CODE ANN. 14- 58- 303(b)(2)(B) that
exceptional circumstances exist, specifically the on -going nature of this project, which
renders the formal competitive bidding process impractical and/or unfeasible; and
WHEREAS, A state of emergency exists because the library completion herein is immediately to
provide for the health, safety, and welfare of the citizens of Van Buren and to preserve
the property of the City.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTIONI: The City Council in accordance with the terms of ARK. CODE ANN 14-58
303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case,
as such procedure is not deemed feasible or practical, and hereby authorizes and directs the
Mayor to modify the contracts for the above described completion and repairs.
SECTION 2: That in order to modify the amount spent on the contracted completion and repairs
hereto, at the amounts herein, it is further Ibund that there is an immediate need to
modify the initial contract hereto, and as such an emergency is declared to exist
and this ordinance being necessary for the preservation of the public health, safety,
and welfare, shall take full effect from and after its passage and approval.
SECTION 3: The Mayor is hereby duly authorized to modify the initial contract in the amount of
$1,315,200.00, to include change orders in the amount of $276,297.07, for a total
project cost of $1,591,497.07, as appropriated herein, to be paid out of library sales tax
and capital improvement funds, and to execute all documents, contracts, and
agreements necessary to effectuate this Ordinance.
SECTION 4: To the extent there is any conflict this Ordinance hereby amends or supersedes
resolution(s) previously adopted by the City of Van Buren, and the various provisions and
parts hereto are hereby declared to be severable, and, if any section or part of a section, or
any provision or part of a provision herein, is declared to be unconstitutional,
inappropriate, or invalid by any court of competent jurisdiction, such holding shall not
invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto
are declared to be severable.
LN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of (0 for and 0 against, the foregoing Ordinance at its Regular
Meeting held on the 16 day of May, 2011.
try:_
Robert D. Free
Mayor
ATTESTED: r RO\ V P AS TO FORM:
Barbie Curtis Candice A. Settle
City ClP.rk/IFeaenrer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Ragsdale to appropriate the sum of $1,512,556.69 to pay expenses
and salaries for April 201 presented by the City Clerk. The Council followed with a
unanimous vote.
5 -03 -2011 0 4 3 1 PM C I T Y O F V A N 8 U 6 6 0 4 PAGE: 1'
g AS OF: APRIL 30TH, 2011
3 10 General Fund
o
40NTH TO 64TE YElui TO DATE
ACCT8 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
I ASSETS
1000 petty Cash 0.00 200.00
'a 020 Cash is Sank 13,234.12 202, 935.11 G
1020.03 Cash In Bank- AEP'SBNalmart Gra 5,445.00 0.00
1020.04 Veterans' Memorial -Act 934 0.00 117,923.30 j I
1020.05 2009 Byrne Recovery Grant 372.17 12,630.39 1 1 7 8 9 9 2 7 4
1020.06 2009 Byrne Grant 0.00 120.00 1 9 1 0 5 5
1020.07 2007 Byrne Grant 0.00 0.00 1 u 6 1 6 2 2
11 1020.08 Cash in Bank -ins 2008 Storrs 0.00 0.00
1020.09 District Gout Gran:- Ce4iation 0.00 25.00 1 1 7 5 G 4
1020.10 Cash in Bank RY 505.00 2,107.28 3 1 3 i. 5 5 L 'o
1020.11 Cash in Bank -30.'88 0.00 3,500.00 3 6 2 0 0 0 0
11 1020.13 Cash In Bank -AC1 833 53,226.34 29,459.17 1 4 3 5 3 5 a r
1020.14 Court Autoaa :ion DiStrlct 1,842.50 ,4]0.94
1020.15 Cash in Bans -ACT 1314 0.00
0.00 1 616.00+
1020.16 AR Dept of Rural Services 0.00 0'00 0 0 8
1020.17 New Police Dept 0.00 35,000.00 1 5 1 2, 3 5 6' 6 1
1020.19 Cash in Bank PO Co Tax 7,448.04 49,008.79
1020.19 Cash in Bank FD Co T ax 6 ,751.01 146,851.40 0
1020.20 Cash In Bann E:csion Control 325.00 3,025.00
1020.27 Cash in Bank Levee 0.00 7,419.17
:020.28 Marina Repairs 0.00 12,500.00
1020.31 Cash in Bank ?arks 6 Rec 590.00 49,210.40
1020.32 GIF Parks s Recreation 0.00 0.00
1020.33 Cash in Bank -Yard waste 1.862.08 64,497.11
1020.51 Cash in Bank Cemetery 31.63 15,031.20
1020.91 Cash in Bank Cap lmp 110,882.92 714,175.90
1040 Investments 0.00 300,000.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.10 Investments FD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1 1040.27 Investments Levee 0.00 0.00
1040.31 investments Parks s Rec 0.00 0.00
S 1040.51 Investments Cemetery 0.00 48,752.59
1040.01 Investments Cap Imp 677.80 1,817,191.22
1050 Fixed Assets 0.00 0.00
1 1051 ACcistulatec Depreciation 0.00 0.00
1504 DUO from Payroll 0.00 0.00
1505 Due From Other 111505 0.00 0.00
1520 Due from Street Fund 2.99 3.60
1540 1 4' From Library Fund 0.00 0.00
I
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
l 2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union -Firs: Resource 0.00 0.00
Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. There being no further questions or changes, the
reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman thanked
John Pope for his involvement in KVBB and congratulated him on his appointment to the state
commission. Alderman Parker thanked Mayor Freeman for a great job with the library issues and
for getting us through this. Alderman Teena Sagely bragged on the Mayor's luncheon. Mayor
Freeman gave a lot of credit to Fort Smith's Mayor, Sandy Sanders, for helping pull that
together. Alderman Johnny Ragsdale mentioned that he will be attending the I -49 Coalition on
Wednesday from 10 -2 at the Rich Mountain Community Center in Mena. Alderman Parker
asked about the Rena Road right -of -way acquisitions. Mayor Freeman responded that we are
down to seven parcels. We are waiting for a final plan approval from the highway department
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:30 p.m.
ATTESTED: A R VED:
n
CITY CLERK TREASURER MAYOR
II