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05 May 2012 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING MAY 21, 2012 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, May 21, 2012 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. City Attorney Candice Settle and Deputy City Clerk Connie Hyatt were present. City Clerk Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was declared. The invocation was given by Dr. Scott Maze of First Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman made a presentation to Pastor Scott Maze on behalf of the city council with a key to the city, as well as, a gold coin of Martin Van Buren. The Mayor asked Wes Hilliard to pray for Pastor Maze and all that would like to gather around him. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on April 16, 2012. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call, the following Council members voted aye: Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. The following voted nay: none. On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council Meeting on May 3, 2012. Alderman Swaim made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. The following voted nay: none. On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF SPRINGDALE DODGE FOR THE PURCHASE OF A V TON PICKUP TRUCK FOR THE VAN 13UREN STREET DEPARTMENT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that this was lower than the state bid and the Street Department would also be getting rid of a truck after this one is in the system. 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 Dodd, Sagely Swaim, Parker Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 5 -2 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. S- 2 -2012 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 SPRINGDALE DODGE FOR THE PURCHASE OF A TON PICKUP 'TRUCK FOR THE VAN BUREN STREET DEPARTMENT, AND FOR OTII ER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for the purchase of a ton pickup truck for the Street Department; and WHEREAS, bids have been received and opened in accordance with Arkansas law and Springdale Dodge was the lowest bidder meeting the bid specifications; and WHEREAS, the City of Van Buren has determined that the bid of Springdale Dodge is the best bid. NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas accepts the bid of 22,274.00 plus applicable sales tax as submitted by Springdale Dodge as set forth in "Exhibit A" attached hereto; and SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the purchase and to execute all documents necessary to effectuate the agreement. IN WITNESS WHEREOF, the Cityry of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of lQ for and 0 agains oregoing Resolution at its regular meeting held on the 21 day of May 2012 1 .tea_ Robert D. Freeman Mayor ATTESTED: A PRO D AS TO FORM: l na,_ S6l�ta� Ara Berbie -GuAis Candice A. Settle 4,114.4 City Clerk/Treasured City Attorney On the agenda next was to consider A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT 1209 WALNUT STREET, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Bell asked if he needed to hear anyone since it was a public hearing. There were no comments heard. Alderman Swaim seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Aldennan Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. 1 THE RESOLUTION WAS GIVEN THE NUMBER 5 -3 -2012 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, CITY OF VAN BUREN, ARKANSAS ARKANSAS, THAT: RESOLUTION NO. 3 -2012 SECTION 1. The Van Buren Oty Council hereby finds and declares the house located at the address indentified herein to be dangerous, unsightly, unsanitary, dilapidated, BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A unsafe, obnoxious. a fire hazard, and /or a menace to abutting propertles, with RESOLUTION TO BE ENTITLED: the current condition of said structure not being fit for human habitation; and because of surh conditions, the City Council hereby declares the same to be A RESOLUTION DECLARING THE EXISTENCE OF A condemned as a puhlic nuisance and is ordered to be abated, removed or razed NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE by the owner thereof in accordance with Oty Ordinance and State law. CORPORATE CITY LIMITS, LOCATED AT 1209 WALNUT SECTION 2. In accordance with Van Buren Municipal Code 11.28.08, the owner of record of STREET', FOR THE PURPOSE OF CONDEMNING SAID the following described property is hereby directed to raze the same, or STRUCTURE; PROVIDING A PERIOD OF TIME FOR otherwise abate the above declared nuisance within thirty (30) days after the PROPERTY OWNER TO ABATE SAID NUISANCE; AND posting of a true copy of this Resolution at a conspicuous place upon the I FOR OTHER PURPOSES. structure constituting the nuisance described herein, to-wit: WHEREAS, the structure set forth above has been found by the Van Buren Code Lot 10, Block 12, McGee subdivision in the City of Van Buren, Enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, Crawford County, Arkansas. (Parcel No. 200.03252 -000 located obnoxious, unsafe, unfit for human habitation and /or otherwise detrimental to at 1209 Walnut Street and owned by Dennis A and Lana D. public welfare of Van Buren citizens in violation of Van Buren Munitlpal Code Riggins.) 11.28.01 et seq; and SECTION 3. If the aforementioned structure has not been razed and /or removed within WHEREAS, the condition of such property, as set forth in Exhibit "A" attached hereto, thirty(30)days after posting atrue copy of this resolution at a conspicuous place constitutes a serious fire, health, and /or safety hazard to the Publk and to the upon the structure constituting the nuisance, Of the nuisance otherwise abated, City of Van Buren, and unless Immediate action 0 taken to remedy these the structure shall be torn down and /or removed by the City of Van Buren, or a conditions, by removing, razing and/or abating said nuisance, there Is great duly designated representative. Each day after the aforesaid thirty 001 days In likelihood that the surrounding propeny may be damaged by ore originating which said nuisance Is not abated shall constitute a separate and distinct offense from such unsafe hazardous structure. Moreover since the structure Is without punishable by fine up to $25,00 per day, Van Buren Ordinance 291992, proper sanitary facilities, and as such Is unsafe and hazardous, and provides a IN TESTIMONY WHEREOF, the City breeding place for rats, rodents and other dangerous germ carriers of disease, It f Van Buren, Arkansas, by its City Council, did pass, o constitutes a serious hazard to the health and safety of the Wizens of Van Buren, approve, and adopt, by a vote of _§p_ for and 0 against, the foregoing Resolution at its and should he moved or razed for the purpose of eliminating such hazards. The meeting held on the 2151 day of May 2012. city has given proper notice In accordance with Van Buren Municipal Code 11.20.02. R Robert D. FrearaTi7ftt ATTESTED: p$ TO FORM: Al 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 clarified that Continental Insurance's bid was less than Municipal Property Insurance, but the deductible for hail, wind, and wind driven rain was $5,000 for Municipal Property and it was $100,000 with Continental Insurance. With that factor being considered, Municipal Property Insurance would be the best value. 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 Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 5 -4 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 5 4 2012 BE IT ENACTED BY THE CI'T'Y COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTLNG THE BID OF MUNICIPAL IROPERTY 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 ofNorth Little Rock, Arkansas, was the best bid in the amount of 39,833.17. NOW, THEREFORE, BE TI' RESOLVED BY THE CI'T'Y 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 39,833.17 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 (j for and 0 against, the foregoing Resolution at its regular meeting held on the 21" day of May, 2012. t a 9 Robert D. Ere Mayor ATTESTED: APP 1 VED S TO FORM: -0a1 Lit. C a1TIE� 4 49 City Clerk/Treasurer City Attom- On the agenda next was to consider AN ORI)ENANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF REFRIGERATOR FREEZERS AND A COMMERCIAL ICE iMACHINE FROM METRO APPLIANCES MORE, DECLARING AN EMERGENCY; ANI) 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 reacting. The motion was seconded by Alderman Moore. 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 vvas seconded by Alderman Parker. 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 mentioned that this wraps up the half million dollar Energy Grant. Three of these refrigerators will replace the ones at each of the fire stations, three will go in at the Senior Inn, and the ice machine will also go to the Senior Inn. Alderman Parker said the Energy Grant has been wonderful. Mayor Freeman agreed. 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 Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Deputy City Clerk. TIEE ORDINANCE WAS GIVEN THE NUMI3E1210 -2012 NOW, THEREFORE, IOK IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: CITY OF VAN BUREN, ARKANSAS SECTION 0: The City of Van Duren, Arkansas has an immediate need to purchase the ORDINANCE NO. 1Q -2012 appliance. 130 R ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, SECTION 2: Said purchased from Mew Appliance Mort of Springdale, ARKANSAS, AN ORDINANCE TO BE ENTITLED: appliances 41I be Arkansas, for the total sum of 530,524.04 pursuant to the invoice attached hereto AN ORDINANCE TO WAIVE COMPETITIVE BIDDING as Exhibit "AI' AND AUTHORIZE THE PURCHASE OF REFRIGERATOR ECCI N3: The Ciry Council in accordance with the tents of ACA .414 -58 -302 hereby O M FREEZERS C0S1MF,R MORE, DECLARING AN waives the requirement of competitive bidding and directs the Mayor METRO APPLIANCES MORE, PU, OSE AN coat purchase AND FOR OTHER PURPOSES. the above described appliances for the prix se forty in Section 2 above. WHEREAS, the City of Van Buren was awarded an energy grant from the Arkansas SEC PION 4: It is further found that due to the immediate need to acquire these appliances au Department of Energy and the approved grant included the replacement of six (6) emergency is declared to exist and this Ordinance being necessary for the refrigerator /Geezers and one commercial ice maker, and pzeset -neon of the public health, safety, and welfare, it shall take effect from and af4r its passage and approval. WHEREAS, the appliances are required to be E Star and American made ermfied; and 5ECI10N 5: The Mayor and City Clerk are hereby authorized by the City Council for the City WHEREAS, the availability of American made certified appliances is severely limited; and of Van Buren to execute all documents, contacts, and agreements necessary to II effecuute this Ordinance. WHEREAS, the pu-cb.ee of said appliances must be completed by May 31, 2012 for grant purposes; and 9 Cf ON: The various provisions and pars of this Ordinance arc hereby declared to be severable, and if any section or pact of section. or any provision or Ian of WHEREAS, the City has had Metro Appliances Mote research availability of appliances that provision he rein, is declared to be uueonYUtutioval inappropriate, or invalid by meet the requirements and they have determined the most cost efficient any wort of eomPetemjurisdiaion, such holding shall nor invalidate or affect the re !'gerator /Geezers available are the V ikivg Professional Series VCSFII6DSS at remainder of this Ordinance cod to that extent the provisions hereto are declared a cost of $3,999,00 each and the Scotsman CO530SA -32 Commercial Ice Machine to be seeable. at a cost of 34 ,269.00, all plus aPPlinable rues. IN WITNESS WHEREOF, the Ciry of Van Buren, Arkansas, by its City Council, did WHEREAS, the Ciry Council has determined, pursuant to ACA. 5 14 -58 -302 the aceptional Pass, approve, and adopt. by a vote of Sp for and Q against, the foregoing Onlinance at its circumstances exist which render the competitive bidding process to not be regular meeting held on the 21 day of May, 2012. practical or feasible, specifically that due to the lack of appliances available m melt the grant regiairemenu and grant timelines is in the best interests of the citizens of the City of Van Been to purchase the appliances as competitive 3 a bidding will to delay the process that it is unlikely the appliances would be Robert D. Frcemav a aileble. Mayor A ITES'rED: A 'PI O VEII AS TO FORM: LO P.Lt U.�S:.- Gtrtis- `R e A. Sete e s.4 City Clerk/nesmer Ciry 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 1,193,846.89 to pay expenses and salaries for April 2012, presented by the Deputy City Clerk. The Council followed with a I unanimous vote. 5- 02.2012 10:59 AM C I T Y 0 F VAN B U R E N PAGE: 1 TPTAL BALi\•CE s AS OF: APRIL 30TH, 2012 10 -General Fund MONTH TO OA:E YEAR SO GATE ACCTY ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSE -S 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 0,655.12 114,519.75 1020.03 Cash In Bank -AS P Gra 0.00 0.00 0 T 1 :020.04 Veterans' Memorial -Act 934 0.00 119,923.30 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1020.06 2009 Byrne Grant 0.00 120 -00 0 A 1020.07 2007 Byrne Grant 0.00 0.00 1020.08 Cash in Bank- Story. Damage 0.00 0.00 1020.09 District Cour Grant Mediation 0.00 25.00 89 6 4 9 V 2 1 1020.10 cash In Bank HMC 150.00 503.08 2 0 0 3 r 1020.11 Cash in Bank -RVBB 0.00 0.00 1 2 5 0 2 3- 3 7 1020.12 Emergency Management Fund 13,162.50 0.00 O 5 2 1020.13 Cash In Bank-ACT 033 35,169.12 09,557.79 1020.14 Court Automation District 1,800.00 80,561.64 i 4' 1 7 3 5 6 1020.15 Cash in Bank -ACT 1314 0.00 0.00 8 1 3 4 3 d 1020 -16 AA Dept of Rural Services 0.00 0.00 1 v '7 5 3 5 7 I 1020.17 Nex Police Dept 0.00 35,000.00 3 3 5 5 li 3 1 I 1020.18 Cash in Bank PD Co Tax 4,108.95 61,916.65 1020.19 Cash in Bank FD Co Tax 3,389.45 118,099.43 1 2 8 D 9 5 -4 1020.20 Cash In Bank- Eronicn Control 175.00 9,975.00 0 0 9 y 1020.22 Cash In Bank -PEG Grant 5,000.00 5,000.00 1 1 '7 3 6 3 9 c 1 1020.27 Cash in Bank Levee 0.00 6,995.26 1020.28 Marina Repairs 0.00 12,123.28 1020.31 Cash in Bank Parks 4 Rec 7,282.06 61,278.71 1020.32 GIF -Parts r Recreation 0.00 0.00 1020.33 Cash in Bank -Yard Waste 6,300.04 82,710.82 1020.51 Cash in Bank Cemetery 642.02 1,114.07 1020.91 Cash in Bank Cap Imp 89,162.15 579,670.33 1040 Investments 243.70 252,634.11 1040.10 Investments Sales Ta City 0.00 0.00 1040.08 Investments PD co Tax 0.00 0.00 1040.19 Investments FD Co Tax 0.00 0.00 4 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks t Rec 0.00 0.00 1010.51 Investments Cemetery 0.00 39,752.59 T 1040.91 Investments Cap Ir0 459.06 1, 019,728.91 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 I 1505 Due Fran Other Funds 0.00 0.00 1520 Due from Street Fund 9.85 22.20 1540 Due From Library F:ri0 0.00 0.00 I LIABILITIES AND FUND BALANCE I 2000 Accounts Payable 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 Y 1 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. The council had a request from Crawford County Mounted Patrol to close streets on Saturday, May 26 for their annual Pioneer Day Parade. Motion was made by Alderman Parker and seconded by Alderman Dodd to grant the request. The council followed with a unanimous vote. Mayor Freeman relayed a message from Joe Shipman with Arkansas Highway Transportation Department. He expressed his thanks for the professionalism of the Van Buren Police Department after the shooting at the rest stop. Mayor Freeman also gave a brief update on the special election. The council was provided a copy of what the ballot will look like in July. There being no further business, motion was made by Alderman Parker and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:35 p.m. ATTESTED: A yRO et s CITY CLERK- TREASURER MAYOR