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06 June 2018 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING JUNE 25, 2018 The City Council of the City of Van Buren, Arkansas met at 5:00 p.m. Monday, June 25, 2018 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: Council Member Wood, Sparkman, Kneeland, Petty, Moore and Swaim. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was declared. The invocation was given by Retired Chief Gary Sipes of the Arkansas Chief of Police Association. Chief Sipes then led the Pledge of Allegiance. He then went on to say that the Van Buren Police Department was the eleventh in the state to achieve accreditation thanks to Chief Bell's work over the years and Chief Hammond for picking up where he left off and continuing that excellence moving forward. Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on May 21, 2018. Council Member Kneeland made a motion to approve the minutes. Council Member Petty seconded the motion. On roll call, the following Council members voted aye: Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood. The following voted nay: none. On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR TO RENEW THE ANNUAL SOFTWARE SUBSCRIPTIONS AND SUPPORT FOR THE POLICE DEPARTMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Council Member Wood seconded by Council Member Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood.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 6-1-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.to - l -2018 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 RENEW 1111.,ANNUAL SOFTWARE SUBSCRIPTION AND SUPPORT FOR[Hit POLICE DEPARTMENT. WHEREAS, the Police Department has been using Information Technologies,LLC.Records Management software to draft and store police reports since 1998;and WHEREAS, in 2007 the Van Buren City Council approved upgrading the software from the Standard Edition to the Enterprise Edition;and WHEREAS, the software subscription and software support payment is due for the annual renewal. NOW, 1111,REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to renew the software subscription and software support for the Enterprise Edition of Records Management at a price of$31,329.00. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of to for and U against,the foregoing Resolution at its meeting held on the 25th day of June 2018. _41111116._ — Robert ► ■, i. F Mayor r � : ATTESTED: APPR� D AS TO FORM: Phy�(^{i 4 Candice A. City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN PARKS DEPARTMENT,THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that Paul Dunn's current truck would be pushed down and become a dedicated vehicle to maintain Mike Meyer Park and in doing so, this new truck would become Mr. Dunn's new city vehicle. Council Member Swaim seconded by Council Member Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood.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. CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. (z)- -2018 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZING 1'l±E MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN PARKS DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of a certain vehicle for the maintenance of property within the City;and WHEREAS, the City of Van Buren desires to purchase one(1)2018 Chevrolet Colorado Crew Cab Truck for the price of$23,524.80 plus delivery cost for the Parks Department as set forth in attachment"A"hereto;and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicle through the state purchase contract,pursuant to ARK.CODE ANN. §19-11-249,and the City has decided that it is in its best interest to purchase the above listed vehicle via the 2018 Arkansas State Contract,Award No.SP-18- 0049. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Parks Department of the City of Van Buren, Arkansas is in need of the vehicle set forth above. SECTION 2: Said Chevrolet Colorado Crew Cab Truck is to be purchased via the 2018 Arkansas State Contract,Award No.SP-18-0049 from Bale Chevrolet for the total sum of$23,524.80 plus delivery cost from Capital Improvement Funds. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this action. IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did pass,approve,and adopt,by a vote of Lp for and 0 ,against,the foregoing Resolution at its meeting held on the 25th day of June 2018. Robert D eeman Mayor ATTESTED: ' ' ACP•RO •�. 1%.TO FORM: Ph •is Thomas Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION APPROVING THE FINAL PAYMENT FOR THE MIKE MEYER PARK DRAINAGE IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Council Member Wood seconded by Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood. 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 6-3-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - .3-2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING 111.L FINAL PAYMENT FOR 1111, MIKE MEYER PARK DRAINAGE IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren advertised for bids for the 2018 Mike Meyer Drainage Improvement Project;and WHEREAS, the City Council approved Silco Construction,Inc.for the construction project by Resolution#2-1-2018;and WHEREAS, the City desires to change the project, as set forth in the final payment, by increasing the contract amount by$104.30. NOW, 111J;REFORE, BE IT RESOLVED BY 1'Hi; CITY COUNCIL OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The City of Van Buren,Arkansas accepts and approves the final payment of $134,204.55 for the 2018 Mike Meyer Drainage Improvement Project to Silco Construction,Inc. 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 2018 Mike Meyer Drainage Improvement Project and to execute all documents necessary to effectuate said changes. IN WITNESS WFTFREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of /c, for and C) against,the foregoing Resolution at its regular meeting held on the 25th day of June 2018. Robert D.Freem Mayor ATTESTED: 'PROVE iU • 'S RM: Phyffis Thomas - -eand ce A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN REAL PROPERTY FOR PARKS AND TRAILS; AND FOR OTHER PURPOSES . The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained that this property backs up to Fire Station#4 and is surrounded by property the Gaither family donated to the city. Council Member Wood seconded by Council Member Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood.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 6-4-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. (fl - -2018 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING 111E MAYOR TO PURCHASE CERTAIN REAL PROPERTY FOR PARKS AND TRAILS; AND FOR O 111ER PURPOSES. WHEREAS, the City has determined that it desires to acquire,for the public good and benefit,certain real property located within the Van Buren city limits for parks and trails;and WHEREAS, upon the City's best,information,knowledge,and belief the appraised value and the fair market value of said property is as listed below. The City,wishes to offer in good faith to purchase said property for the amount listed below plus the closing costs. Property Address Leeal Description Appraised Value Purchase Price TBD Durango Drive Part of NW 1/4 SW1/4 $125,000.00 $120,000.00 Of Section 7 T-9-N, R-31-W, Van Buren,Arkansas. NOW,1•HEREFORE,BE IT RESOLVED BY 111E CITY COUNCIL OF 11:1E CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council hereby authorizes the Mayor to purchase the afore described real property for the amount listed above plus the closing costs utilizing Capital Improvement Funds. SECTION 2: The Mayor is authorized and directed to execute such documents and instruments as may be necessary to proceed with and finalize the purchase of said property,and the City Clerk is hereby authorized and directed to attest same. 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,th or-_oing Resolution at its meeting held on the 25th of June 2018. - —ellk ., Robert D.Fre- . ohiik Mayor ATTESTED: S / D • • ORM: PhAig Thomas Can.'ceA.Se. e City Clerk/Treasurer ity Attorney On the agenda next was to consider AN ORDINANCE ALLOCATING AND APPROPRIATING INSURANCE PROCEEDS FOR REPAIRS TO THE VAN BUREN MUNICIPAL UTILITIES FACILITIES; AUTHORIZING THE VAN BUREN MUNICIPAL UTILITIES TO PAY FOR ROOF REPAIRS; WAIVING BIDDING REQUIREMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Kneeland. 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. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Swaim and seconded by Council Member Kneeland to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood. Nays—None. 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 Council Member Swaim and seconded by Council Member Petty, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Moore, Swaim and Wood. 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 14-2018F CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.141-2018 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ALLOCATING AND APPROPRIATING INSURANCE PROCEEDS FOR REPAIRS TO THE VAN BUREN MUNICIPAL UTILITIES FACILITIES; AUTHORIZING TELE VAN BUREN MUNICIPAL UTILITIES TO PAY FOR ROOF REPAIRS; WAIVING BIDDING REQUIREMENTS. DECLARING AN EMERGENCY; AND ' FOR OTHER PURPOSES. WHEREAS, Van Buren Municipal Utilities suffered roof damages due to weather,and WHEREAS, bids were sought with local contractors for repairs subject to approval by the Van Buren Municipal Utilities Property Insurance Provider,and WHEREAS, it would be impracticable and unfeasible to further bid these improvements for the roof I - repairs without exposing this building to substantial water damages;and WHEREAS, Section 14-58-303 of the Arkansas Code Annotated provides that"The governing body, by Ordinance,may waive the requirements of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical" - NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council hereby waives the requirements of competitive bidding for the roof repairs to Van Buren Municipal Utilities facilities as such a procedure is not deemed to be feasible or practical under the circumstances. SECTION 2: The Van Buren Municipal Utilities are hereby authorized to enter into a contract with Dale Crampton Company for the roof repairs to Van Buren Municipal Utilities facilities as approved by their insurance provider in the amount of$238,762.52. SECTION 3: The repairs hereto are deemed and found to be necessary for the immediate preservation of health,safety and welfare of the city and as such as an emergency is hereby declared, and this Ordinance shall take effect and be in full force upon and after its passage and approval. IN WITNESS WHEREOF the City of Van Burn. ..as,by its City Council,did pass, approve,and adopt,by a vote of for and 0 against,th .ing Oidmance at'ts -ting held on the 25i6 day of June 2018. Robert D.F---. . Mayor ATTESTED: APf-1cuVED TO FORM: PThomas �-ezn\tti,ile K-' , City Cleric/Treasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Council Member Swaim and seconded by Council Member Wood to appropriate the sum of $1,631,447.41 to pay expenses and salaries for May 2018, presented by the clerk. The Council followed with a unanimous vote. 6-07-2018 10:09 AM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE AS OF: MAYCT 10 -General Fund *** MONTH TO DATE *** *** YEAR TO DATE *** ACCT# ACCOUNT NAME• DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 157,515.64 297,661.32 1 '.36 0'5 17• ]1 + 1020.01 Cash In Bank-Ins. Reimb. 3,220.00 11,550.49 1 4 2'j.74. 7 f 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 1 ,000'00+,000.00+ 1020.04 Veterans' Memorial-Act 934 0.00 0.00 107'53)•43+ 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1020.06 2009 Byrne Grant o.00 0.00 1 '6.2 1 '4 4 7•4 i 1020.07 2007 Byrne Grant 0.00 0.00 1020.08 Cash in Bank- Storm Damage 0.00 0.00 R•, 1020.09 District Cout Grant-Mediation 0.00 25.00 1020.10 Cash in Bank - HDC 163.76 1,629.58 1020.11 Cash in Bank-KVBB 0.00 2,420.00 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 0.00 88,727.37 1020.14 Court Automation-District 2,681.93 54,277.85 _420..15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 :, 1020.17 New Police Dept 0.00 0.00 1020.18 Cash in Bank- PD Co Tax 17,814.05 37,680.46 1020.19 Cash in Bank - FD Co Tax 3,205.21 185,655.73 1020.20 Cash In Bank-Erosion Control 175.00 25,425.00 1 1020.21 Cash in Bank-CPAcademy 0.00 0.00 II 1020.22 Cash In Bank-PEG Grant 10,000.00 0.00 1020.27 Cash in Bank -Levee 0.00 9,239.93 1020.28 Marina Repairs 0.00 10,495.60 I I 1020.29 Property Maintenance-Scrap 0.00 0.00 1020.30 Field of Dreams-Equipment 0.00 6,734.54• 1020.31 Cash in Bank- Parks & Rec 0.00 0.00 1020.32 GIF 0.00 0.00 1020.33 Cash in Bank-Yard Waste 11,840.72 270,493.49 1020.34 Cash In BankPublic Facilities 0.00 671.86 1020.35 Cash In Bank-Jail 4,120.28 4,120.26 0 1020.36 Cash in Bank-Property Cleanup 0.00 14,593.74 • 1020.37 Probation 4,695.15 45,340.83 t- 1020.51 Cash in Bank- Cemetery 30.19 1,675.84 1020.52 Cemetery-Donations 0.00 32,000.00 1020.60 Cash In Bank-Reserve 0.00 210,638.90 1 1020.80 Cash in Bank-KOH 535.47 0.00 El 1020.91 Cash in Bank- Cap Imp 218,130.92 731,555.53 1 1040 Investments 0.00 0.00 I El 1040.10 Investments - Sales Tax City 0.00 0.00 1 1040.18 Investments - PD Co Tax 0.00 0.00 €i Hi 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 ,' 1040.31 Investments - Parks d Rec 0.00 0.00 i 1040.51 Investments - Cemetery 0.00 38,752.59 !ll 1040.91 Investments - Cap Imp .1 187.53 380,444.65 iI 1' Next on the agenda was Boards and Commissions. The Van Buren Municipal Utilities Commission recommended the appointment of Chad Adams to an eight year term. Council Member Wood seconded by Council Member Petty made a motion to grant the nomination. The Council followed with a unanimous vote. Next Police, Fire, Building Inspector, Public Works/Planning, 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 The Old Town Merchant's Association to close streets on July 13-14, 2018 for their Summer Smash Bash event. Motion was made by Council Member Swaim and seconded by Council Member Sparkman. The council followed with a unanimous vote. Mayor Freeman asked for the council's permission to form a Citizen's Advisory Board comprised of seven members (2-Almost Home Shelter, 1- Van Buren Police Department, 1- Veterinarian, and 3- at large City of Van Buren citizens)to review animal ordinances. The council agreed and consented to the Mayor's request. Kelsey Harris appeared before the council to discuss her pet mini pig that she was informed is not allowed in the city limits of Van Buren. Mayor Freeman allowed her pet to remain in her home and on a leash until the matter could be resolved. He noted that this matter will hopefully be resolved with the aforementioned Citizen's Advisory Board reviewing the animal ordinances. Council approved mayor's decision. Mayor Freeman provided the council members with information regarding the recent Supreme Court ruling on online sales tax. Next, he reminded the council of these upcoming events: Fireworks at the Field of Dreams on July 4th, Mayor's Prayer Luncheon on July 10th, and the next council meeting on July 23"' There being no further business, motion was made by Council Member Swaim and seconded by Council Member Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:46 p.m. Ai EST PRt1VEi : J , . A , s I - - CI • LE' '-TREASURER MAYOR