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10 October 2012 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING OCTOBER 15, 2012 The City Council of the City of Van Buren. Arkansas met at 7:00 p.m. Monday, October 15, 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 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 Pastor Grady Glass of Unity 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 September 17, 2012. Alderman Parker 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 TO AUTHORIZE THE MAYOR AND 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 City Attorney read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Ragsdale 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -1 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 10 _L -xolz BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTIONTO BE ENTITLED- A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE ANH DISPOSE OF CEREAL\ FIXED ASSETS FBOM TIE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. WHEREAS, ardor beyond repair, and are no to longer ger cost effective, 10 10 ro no longer be needed by the City; and WHEREAS, after an inventory of Fixed Assets, it is themfore recommended by our Mate Auditor that said items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid, auction or as otherwise authorized under Arkansas Ian'. NOW, THEREFORE, BE IT RESOLVED BYTRE CITY COUNCILOF VAN BUREN, ARKANSAS THAT: H N_I, The Mayor A s se t and Clerkare p by l remove roiegasset oorthe Fug sut Inventory and dispose ose o of s same by staled bid, auction or or oNer such ch methods ls ap authored under the law Department Amount Description ofh,venton Control Politic S20,708.00 V 2FAFP91W96X158919edan PD-608 WH Police $20,708.00 Sedan P0.613 VE102FAFP71W29X111 SECTION 2: The Mayor and City alcrk are hereby authorized to remove the follovnng assets from the Fixed Asset Inventory and to dispose of same by transfer to various governmental agencies: Receivin" A eeocV Book Value Description of Inventory Control Crawford County Sheriffs 0301000 (I)Decatur GeminitMobile Video System PD -526 DepaNUent VGP11m7033 1N 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 R n at its regular meeting held on the l5 day of October, 2012. Robs I. 'teem an Mayor ATTESTED: 1 •RC to A 't FOR c4s�C U r Barbie Qms A. Sutic Gib Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS TO UTILIZE FEDERAL -AID MONIES FOR THE FOLLOWING CITY PROJECT; TRAFFIC SIGNAL REHABILITATION HIGHWAY 162 AND 28 STREET. The City Attorney read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said this is for upgrades to the signal at Kibler Road and 28 Street. He also mentioned that preliminary talks include a turn signal. Alderman Dodd seconded by Alderman Moore 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -2 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUIION NO. 10 a"_ 2012 BE IT ENACTED BY THE CITY COUNCI FOR THE Cil'Y OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION E%I'RESSENG THE WILLINGNESS OF THE CITY OF VAN BUREN, ARKANSAS TO UTILIZE FEDERAL AID MONIES FOR THE FOLLOWLVG CITY PROJECT; TRAFFIC SIGNAL REHABILITATION HIGHWAY 162 AND 28 STREET. WHEREAS, the City of Van Buren understands Federal-aid Surface" Transportation Program funds are available for certain City projects at the following Federal, State, and Local participating ratios up to a maximum of $350,000.00 Federal -aid available Per project Type Work 1 Work Phazu Federal Share Score Bhvre City Share Traffic Construction eetig im Si 80% 10% 10% improvements Engineering provements R¢I-ofway &UNities 0% 0^a I 100% Prale<ts Au Phuea 0% programmed but nor cY 100% Ito to contract ;and WHEREAS, the Arkansas State Highway and Transportation Department has completed a preliminary cost estimate on the worksheet attached hereto as Exhibit "A NOW, THEREFORE, BE IT RESOLVED BY THE CIE' COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAI: SECTION I: The City will participate in accordance with its desipptated responsibility in this project, which includes providing electrical service, maintenance of the traffic signal and associated control equipment, and 100% Many costs over the maximum available ($350, 000.00 Federal-aid and 543,750 Stale) per project SECTION 2: the Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project SECTION 3: The City pledges its full support and hereby authorizes the Arkansas State I lighway and Transportation Department to initiate action to implement this project. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of _Offer and N against, the fcngoing Resolution at its meeting held on the I5 day of October, 2012. Robert D. Frew Nlayor ATTESTED: i re I ASTOFORM: lr'M, C.LIr+' mi l B arbieCutis C. fl Settle City Cled✓rreasarer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR DESIGN AND PROJECT OVERSIGHT OF A NEW FIRE STATION, POLICE STATION AND SENIOR CENTER WITH STORM SHELTER. The City Attorney read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Parker mentioned she was delighted to have Crawford Construction. Alderman Ragsdale noted that Crawford Construction built the county jail under budget and ahead of time. Alderman Parker 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -3 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 10 3 2012 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 CONSTRUCTIOiN MANAGEMENT SERVICES FOR DESIGN AND PROJECT OVERSIGHT OF A NEW FIRE STATION, POLICE STATION AND SENIOR CENTER WITH STORM SHELTER. WHEREAS, the City of Van Buren, Arkansas has determined that it needs Construction Management services in connection with the design and project oversight of a new fire station, police station, and senior center with storm shelter within the City; and WHEREAS, the City advertised for services and the selection committee recommends Crawford Construction Company, to be hired for afore mentioned services. NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorized to enter into a contract with Crawford Construction Company, to provide Construction Management services for the design and project oversight of a new fire station, police station, and senior center with storm shelter within the City. IN 'WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of o for and ,Q against, the foregoing Resolution at its regular meeting held on the 15 day of October, 2012. 4.1 Robert D. Freeman Mayor ATTESTED: APPROVED AS TO FORM: �,!l.!1,0-' Lam' r Barbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VAN BUREN URGING ITS RESIDENTS TO PARTICIPATE IN AMERICA RECYCLES DAY. The City Attorney read the Resolution in its entirety. Mayor Freeman asked if there was any discussion, John Pope said that he was asked by Keep Arkansas Beautiful to be state coordinator for this project this year and enrollment numbers have almost tripled since he took over. Alderman Dodd 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -4 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO.16 -4 2012 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VAN BUREN URGING ITS RESIDENTS TO PARTICIPATE IN AMERICA RECYCLES DAY. WHEREAS, America Recycles Day, a program of Keep America Beautiful, is held annually on November 15 and WHEREAS, two million volunteers participated nationally in America Recycles Day at various recycling and educational events in 2011; and WHEREAS, since 1997, America Recycles Day is the only community- driven event dedicated solely to recycling in the United States; and WHEREAS, America Recycles Day is a Nationally recognized day with the goal of raising awareness, motivating and promoting the benefits of recycling all year instead of adding to our local landfills; and WHEREAS, Keep Van Buren Beautiful, an affiliate of Keep America Beautiful, works closely with local officials, students, residents, and local businesses by encouraging them to recycle. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: i SECTION 1: The City of Van Buren, Arkansas encourages its residents to participate in curbside recycling by calling Deffenbaugh Industries, Inc. at 479 -471 -9500 and request a recycle bin, and groups and organizations in the City of Van Buren to participate by registering an educational or recycling event to be held on Thursday, November 15, 2012. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of Jq_ for and 0 gain the foregoing Resolution at its regular meeting held on the 15 day of October, 2012. Robert D. Preen Mayor ATTESTED: I' R1 lig ED TO FORM: C as I3arbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT FOR INSTALLATION OF LIGHTING EQUIPMENT FOR SOFTBALL FIELDS LOCATED AT THE FIELD OF DREAMS THROUGH THE INTERLOCAL PURCHASING SYSTEM AND THE TEXAS ARKANSAS PURCHASING SYSTEM "TIPS /TAPS COOPERATIVE PURCHASING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The City Attorney read the Ordinance in its entirety. Alderman Ragsdale 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 City Attorney then read the Ordinance the second time. Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The City Attorney then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman noted that the equipment should be delivered within 60 -90 days of having signed the contract. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Sagely 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 earned as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Sagely and seconded by Alderman Ragsdale, 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 20 -2012 CITY OE VAX BUREN, ARKANSAS SECTION I_ The City of Van Buren, Arkansas is in immediate need of said installation, as set forth above. ORDINANCE NO. 2012 SEC170N 2: Said installation is to be contracted via TIPS/TAPS with Hill Elecvic, Inc, for the BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, sum of S53,655.00 plus sales tax as applicable_ ARKANSAS, AN ORDINANCE TO BE ENTITLED: i SECTION 3: It is further found that due to the immediate need to contact for lighting installation an emergency is declared to exist and this ord being necessary AN ORDINANCE AUTHORIZL.G T'HE MAYOR TO NA for the preservation of the public health, safety, and welfare, it shall take effect CONTRACT FOR INSTALLATION OF LIGR'11NG EQUIPAIENT immediately from and after its passage and approval. 00R. SOFTBALL FIELDS LOCATED AT THE 0IE01) 00 DREAMS THROUGH THE INTERLOCAL PURCHASING SECTION •1: The Mayor and City Clerk are herebyau tborized by the City Council for the City SYSTEAI ,AND THE TEXAS ARKANSAS PURCHASING SYSTEM of Van Buren to execute all documents, contracts, and agreements necessary to "TIPS/TAPS COOPERATIVE PURCHASING PROGRAM; effectuate this Ordinance. DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. SECTION 5: The various provisions and pans of this Ordinance are hereby declared to be WHEREAS, the City of Van Buren recognizes the need to provide for the recreational severable, and if any section or part ofa section, or any provision or part ofa needs of its residents; and provision herein, nS is declared to be unconstitutional, inappropriate, or invalid by WHEREAS, in an effort to meet the recognized recreational needs, the City desires to any court of competent jurisdiction, such holding shall not invalidate or affect the construct and light new softball fields at the Field of Dreams; and remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. WHEREAS, the City of Van Breen has contracted with MUSCO Lighting for the necessary lighting ment; and g e9urP. 1N W L'1'NESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did WHEREAS, the City of Van Buren needs to contract for installation of said lighting equipment; pass, approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at an d its regular rneeting held on the I day of October, 2012. WHEREAS, the City is authorized to waive the expense and time of bidding by contracting for installation of such equipment through a cooperative purchasing agreement such as the one between the City of Van Buren and TIPS/TAPS, pursuant to ARK CODE ANN. §19 -11 -249; and Robert D. Freon een WHEREAS, the City has decided that it is in its best interest to contract for installation of the Mayor above listed equipment via TIPS/TAPS, pursuant to the tends se forth in the contract pricing worksheet attached hereto as Exhibit "A ATTESTED: A p \pPffil 70 FORM: NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY kite' COUNCIL 00 THE CITY OF VAN BUREN, ARKANSAS, TIIA'I': -toe. UALl2 Barbie Curtis Candice Settle. City ClerklTreasurer City Attorney On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2012; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The City Attorney read the Ordinance in its entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The City Attorney then read the Ordinance the second time. Alderman Sagely moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The City Attorney 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 Parker and seconded by Alderman Dodd 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 Ragsdale 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 21 -2012 SECTION 2:The rate of all real and personal property CITY OF VAN BUREN in the City of ,Vah;Biren, Arkansas, for the year of CITY OF B 20122 for. the mamtenance of a'City Pubtic Library, ORDINANCE NO. 21 -2012 under the authorityof a x BE IT ENACTED BY THE CITY COUNCIL, FOR THE vote of�tho people :of the Crty of Van Buren Arkan- OF VAN BUREN, ARKANSAS AN ORDINANCE TO E c an s heCity General p CITY_ Elections held ()tithe 7th day of April,' -1942 ,(l an AN'ORDINANCE LEVYING (RENEWING) THE MILLAGE and thro 8th is h y of November,. 1994, (.4 on t be :and TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES thesame is. hereby l u d 'valuation at 1.4.mills on the dollar AND FOR THE•PUBLIC LIBRARY PURPOSES FOR THE of thc'es c t o t a at d t h ;i e t of per sonal YEAR. -2012; DECLARING AN EMERGENCY;'AND FOR V Van Bu j rkans as s h the 'year 2 2012, f t OTHER PURPOSES.. Van Buren enante utp os eS sUbjett for 0 •prov WHEREAS;' the Cit of Van Buren, •Arkansas, duly brary of t An enance: purpes subject Jo' the •provi- Y inior lions of Act Noz848 of 1961; the s me•bei ase in 'pora[ed under tfielaws of the State of Arkansas, merit orjrollback of.tax•rates, due to'increase' in ag- withall authority duties•of a city of the gregate valuation of taxable property':, First Gass; and SECTION 3: A Certified ,Of this Ordinance shall WHEREAS;`, the purpose of this Ordinance is immedi- be'I.filed :in theoffice of.the County_Clerk of .Crawford ately necessary for preservation of the health, County, %Arkansas; in order that the Quorum'Court of safety. and welfare of the inhabitants of the City of Crawford County, Arkansas, mayinc the same' in Van Buren, _Arkansas, and anernergenc exists which the "generaf levy'of the.year 2012 and cause the same requires that this Ordinance become immediately ef- to; be':extended upon the tax, books: and collected as fectiYe and in full force and effect and required bylaw WHEREAS, :the City Van Buren, Arkansas, must SECTION 4 This Ordinance being immediately neces- have funds for its municipal operations, and sary ".to; obtain revenue to pay; expenses of the City can'only obtain the requisite funding to- continue its Government forth City of Van Buren ;Arkansas, and current level of services to its citizens by renewing necessaiytin; providingfor_Uie- immediate preserva- the levy •of a 2 mill tax on real and personal property, tionof the public peace, health, and safety; an emer- for the. general municipal purpose of the City, and by gency+ edeclared to exist and -this Ordinance. shall renewing the; -levy of a 1.4 mill tax on real and per be, take'effect and be in force after` its passage and sonal property tax for the Van Buren library mainte- _s•;; T,ORDAINED AND ENACTED publication nonce purposes (-THEREFORE,' BE I k sas, WITNESS WHEREOF, Cou the City a Van .Buren. Ar- NOM :THEREFORE,' CITY COUNCIL OF adopts, by its City 6 o r and pass, approve, and THE CITY OF VAN BUREN, ARKANSAS; THAT: adopt, branteof, Bs foradd 0. against, lin held the SECTION .1: The rate of all real and ersonal property going y oif October, 201 gular meeting held on the P f P Y Robert D Freeman ray of October, 2012 er Van Bu al niunicirtal Arkansas for the year for e as under th horny of Sec- Roti eripal�:purposee authority Sc- tion 4, Article XII, of the' Constitution of 1874, of the ATFESTED r State of Arkansas,` be, and the same is hereby affixed Barbie Curtis City Clerk /Treasurer APPROVED AS at 2 millg on the dollar of the assessed valuation of all TO FORM Candice A. Settle; City Attorney real -property subject to taxation in the City of Nan Published in the October 20, 2012 issue of the Press Buren; Arkansas;•for the year 2012, for general mu- Argus Courier. nicioal purposes On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE REIMBURSEMENT OF CRAWFORD COUNTY FOR BRIDGE REPLACEMENT COSTS ON EAST POINTER TRAIL. The City Attorney read the Ordinance in its entirety. Alderman Dodd 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 City Attorney then read the Ordinance the second time. Alderman Ragsdale moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Dodd. The council followed with a unanimous vote. The City Attorney then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman mentioned this is the same as last year's project at a different location. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Ragsdale 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. 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 22 -2012 NOW, TI IEREFORE, BE IT ORDININED AND ENACTED BY THE CITY CITY OF VAN BUREN, ARKANSAS COUNCIL OF VAN BUREN, ARKANSAS, THAI: ORDINANCE N0. -2012 SECTION 1. The Ciry of Van Buren commits up to 875, 000.00 to Crawford County for its share of costs for the replacement of the East Pointer Trail bridge project within its BE IT ENACTED BY THE CITY COUNCIL FOR 123E CITY OF VAN BUREN, corporate city limits. ANKANSAS, AN ORDIN:W CETO BE ENTITLED: SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of AN ORDINANCE TO WAIVE COMPETITIVE BIDDING Van Breen to reimburse Crawford County, from capital improvement funds, up to AN`D TO AUTHORIZE THE REAIBURSMEY E OF $75, 000.00 for its share of improvements made to the East Pointer Trail CRAN'FORD COUNTY FOR BRIDGE REPLACEMENT bridge project. COSTS ON EAST POINTER TRAIL. SECTION 3. The City Council in accordance with the terms ofARIC CODE ANN. 14-58 WHEREAS, the East Pointer Trail bridge lies on the border of the City of Van Buren and 303(bX2XB), hereby waives the requirement f competitive bidding and authorizes and directs the Mayor to enter into a contras within the guidelines set unincorporated Crawford County as a result of which the two entities have historically split the cost of repairs and maintenance to said bridge; and forth in Section 2 above. WHEREAS, said bridge tomneed of replacement for the health, safety, and welfare of the IN TESTIMONY WHEREOF, the City of Van Breen, Arkansas, by its City Council, did citizens of the community; and pass, approve, and adopt, by a vote of for and Q against, the foregoing Resolution at its WHEREAS, replacement of said bridge has been competitively bid by the Crawford County regular meeting held on the 15` day of October, 2012. Judge with the low bid of S212, 342.00 from Crawford Construction Company worksheet attached hereto Exhibit `A'; and WHREAS, the City Council has determined, pursuant o ARE. CODE ANN. 14 -58- 303(b)(2)(B) that exceptional circumstances exist, which render the competitive Ro•erc D. Free part practical; and Mayor biddiu g process on the art ofthe City of Van Buren to not be WHEREAS, the Arkansas Department of Emergency Management has committed 575,000.00m ATTESTED: •RiV'D-A To FORM: said project; and N WHEREAS, replacement of said bride will be made, for which the City of Van Buren will commit funds not to exceed $/5,000.00 to Crawford County for its share of bio ur replacement costs. Bnuarbie Curti s dice A. Settle City Clerlrlfreasurer City Attorney On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A PIERCE FIRE APPARATUS ON A SABER CUSTOM CHASSIS FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The City Attorney read the Ordinance in its entirety. Alderman Sagely moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The City Attorney then read the Ordinance the second time. Alderman Ragsdale moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The City Attorney then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman clarified that all of our pumpers are Pierce and our city mechanic has received special training in maintaining these. He also said that this is the first commitment of funds from the Fire Department bonds. Alderman Parker questioned a $10,000 discrepancy. Mayor Freeman replied that the 5442,422 within the ordinance is the purchase price, but with the $250,000 due with the signed contract, that we are approving now, we will get a discount and that will lower the total amount to $431,800. The amount within the ordinance needs to be changed to $431,800. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Moore to adopt the Ordinance as amended. 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 Dodd and seconded by Alderman Ragsdale, 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 23 -2012 SECTION I: The Fire Department of the City of Van Buren, Arkansas is in immediate need to CITY OF VAN BUREN, ARKANSAS purchase the Pierce Fire Apparatus on a Saber Custom Chassis and associated fuofghting ORDINANCE110. -2012 quipmm0 RE IT ENACTEDBY THE COY COUNCIL, FOR THE CITY OF VAN YURGN, ARKANSAS SECTION 3: That the pumluae of aid fire appaams,and aswnama fne5ghdogequipmcot listed in Ali ORDINANCE TO BE ENTITLED, Exhibit "B" hereto from Pierce ManuPochdn0 looted in Appleton Wisconsin, for the sum of $431,800.00, pursuant to the contact attached hereto as Exhibit "A" is necessary AN ORDINANCE TO WAIVE COMPETITIVE B0DLWC AND to protect the lire and safety of Van Buren citizens. AUTI1ORIZE A CONTRACT TOR, AND PURCHASE 00, A 01000000 FIRE APPARATUS ON A SABER CUSTOM CHASSIS SECTION 3: The City Council in accordance with the terms ofA.CA 14-58 hereby waives the FROM PIERCE DLANUFACTURLNC; FOR 1TI4: requirement of competitive bidding and directs the Mayor o purchase the APPROPRIATION OF FUNDS; 000LARLCG AN EMERGENCY; above described for NC forth in Section 2 above udlido Fib AND FOR OTTER PURPOSES. P^°e set 8 Ming Improvement FUndS. WHEREAS, Inc City of Van mien is in need nrat additional rte apparatus for the s,rnr of life and SECTION a.. It furlhef(GEM that due to the immediate need to acw;re this tile appaaaNS and Tooth. ofprope,y by the City of V an BumoFire Dcpatmeat, and associated equipment anemergency is declared to exist and this ordinance being IVMEREAS, after extensive research and inquiry, the City of Van Bmeu Fire Chief has determiwd ssary for the preservation of the public health, safety, and welfare. it shall take effect that utiving the HGAC program would be the most practical, feasible and east effective from and also its passage and approvef method to purchase a new Pierce 'I riple Combination Fire Apparatus on a Saber Custom Chassis conforming to all Federal Department ofTRnspolntion (D01) roles and 5000110045; The Mayor and City Clerk are hereby authorized by the City Council for the Ciry ofVan «Dulntlom in effect at the time of proposal and with all National Fire Protection. Buren to execute all documents, contracts, and agreements necessary to effectuate this Association (NEPA) Guidelines for Automotive Fire Apparatus as published at the time Ordinance, including Exhibit "B". of proposal. 11 will be equipped with a Cummins diesel 0SL 400 HP engine, LED light package, 1250 gallons per minute Waterous pump and other aoessones as sat forth In SDETI�¢' The various provisions and pats or this Ordinance are hereby declared a be severable, P.JTrt This vehicle is uniquely suited to the needs of Vat Buren, and that no other and. if anyscctiou or pan of a section. or any provision or part of a provision herein, is vehicle, for the same price, is n reasonably suitable alternative; and declared to be unconstitutional, inappropriate, valid by any WW1 ofcompetent WHEREAS, the cost ofthis Pierce fire apparatus and equipment is a total price of 1431,800.00 which jurisdiction, audi bolding shall not invalidate or affect the remainder of this Ordinance exceeds the limit for purchase without competitive bidding; and and to that extent the provisions hereto are declared to be severable. WHEREAS, the City Council has determined, pursuant to A.C.A. 14-55 -302 that exceptional LV WITNESS WHEREOF, the City of Van Buren, Askan its Co ry Council, did pass, t which render the competitive bidding process to not be practical et approve. and adopt, by ante ofy_ for and° against, the fmn8•og Or imam al its regular mecting feas circumstances blG and held m the 15 day of October, 2012. 1 WHEREAS, a state of emergency exists because the Pierce fire apparatus will provide life safety and V protection ofpmperty not now available, and because the unit will take approximately Robert D. Preefiav eight months for manufacture and deliver. Mayor NOW, THEREFORE. BE IP OINALV'EDA.40 ENACTED BY THE CITY COLINCR.OF ATTESTED: 510 FORM: TEE CITY 00 VAN BUREN, ARKANSAS, THAT: a _Me" Barbie Curds Candice A. Sett cryC1eN?reasurer City Attorney Next on the agenda was Boards and Commissions. The A P Commission recommended the appointment of Dava .fennen to fill the vacant position within the commission. Alderman Dodd seconded by Alderman Parker made a notion to grant the nomination. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Ragsdale and seconded by Alderman Moore to appropriate the sum of 1,122,918.60 to pay expenses and salaries for September 2012, presented by the City Clerk. The Council followed with a unanimous vote. i Y 10-09 -2012 11: 17 AM C I T Y O F VAN 8 8 9 4 0 PACE: 1 TRIAL BALANCE E S i AS CF: SEPTEMBER 30TN, 2012 i 10 General Fund f M000TS TO GTE YEAR TO GATE ACCTX ACCOUNT NAME DEBITS CREDIT DEBITS CREDIT$ ASSETS 6 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 132,816.62 190,222.06 1020.03 Cash In BankASP'sa'dalmart Gra 0.00 0 -00 i 1020.04 Veterans' Memorial -Act 934 0.00 121,923.30 1 y 1020.05 2009 Byrne Recovery Grant 0.00 0.00 0 A 1 1020.06 2009 Byrne Grant 0.00 0.00 1020.07 2007 Byrne Grant 0.00 0 8 5 9, 0 1 1. 8 7+ 1020.08 Cash In Bank- Storm Damage 0.00 0.00 1, 977.09- 1020.09 District Cout Grant-Mediation 0.00 25.00 1020.10 Cash in Bank ADC 130.00 4,037.70 99,991 1020.11 Cash in Bank -RVBB 975.00 2, 525.00 1 1 4 2• 3 9 t 1020.12 Emergency Management Fond 0.00 0.00 5 5 7 c 49 7 1020,13 Cash In Bank -ACT 833 0.00 52,119.92 7 5 7 7 5 1020.14 Court Automation District 1,707.50 07,409.14 1020.15 Cash In Bank -ACT 1314 0.00 0.00 4 2 4 0 0 D 0 1 0 2 0 1 6 AR Dept of Rural Services 0.00 0.00 4 2 1 2 2 C 0 i 1020.17 New Police Dept 0.00 35,000.00 1 8 0 7 '0 1 1020.18 Cash in Bank P7 Co Tax 22,645.58 54.460.03. 0 0 9 1020.1 Cash in Bank F0 Co Tax 23,377.88 132,263 -60 1020.20 Cash In Bank Erosion Control 325.00 11,300.00 1 1 22 9 1 3 6 0 R 1020.22 Cash In sank -PEG Grant 0.00 10,000.00 1020.27 Cash in Bank Levee 0.00 8,395,26 1020.20 Marina Repairs 0.00 10,865.39 1020.30 Field of Dreams- Equipment 0.00 0.00 1 1020.31 Cash in Bank Parks 2 ReC 24,952.90 27,329.04 1020.32 GIF -Parks 6 Recreation 0.00 0.00 f. 1020.33 Cash. in Bank -YarC Waste 6,821.74 100,155.08 1020.51 Cash in Bank Cemetery 486.10 515.26 1020.91 Cast In Bank Cep Imp 139,674.99 106,693.39 1040 Investments 0.00 0.00 1040.10 Investments Sales Tax City 3.00 0.00 1040.10 Investments PD Co Tax 0.00 0.00 1040.19 Investments F0 Co Tax 0.00 0.00 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks s Rea 0.00 0.00 1040.51 Investments Cemetery 0.00 38,752.59 1040.91 Investments Cap Imp 0.00 620,188.55 1050 Fixed Assets C.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Feed* 0.00 0.00 1520 Due from Street Fond 4.85 2.20 1540 Due From Library Fund 0.29 0.00 LIABILITIES AND FUND BALANCE 2000 Accounts Payable 0100 0.00 1 1 Next Police, Fire, Building Inspector, 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 Mount Olive Church to close streets on Wednesday, October 31, 2012 for their annual Trunk or Treat event. Motion was made by Alderman Dodd and seconded by Alderman Sagely to grant their request. The council followed with a unanimous vote. The council also had a request regarding street closings for the Veteran's Day Parade on Monday, November 12, 2012. Motion was made by Alderman Parker and seconded by Alderman Dodd to grant their request. The council followed with a unanimous vote. Mayor Freeman mentioned that each council member was provided a copy of the Volunteer packet put together by Jennifer Froud. It has been submitted. Next, he explained the financial audit has been completed with no significant findings, and we are waiting for the final report to come back. Also, everyone was provided a draft noise ordinance for review with action to come at a later time. Lastly, congratulations to Officer David Passen for receiving "Officer of the Year" award. John Pope briefly spoke on the city wide clean up this Saturday. They are meeting at Lake Lou Emma and will be working from nine a.m. to noon. Mayor Freeman introduced Brooklyn Cousins who was observing the council for a paper she is writing. There being no further business, motion was made by Alderman Dodd and seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:50 p.m. ATTESTED: A" PR VED: i 1 t CITY CLERK TREASURER MAYOR