03 March 2019 Regular {
MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING MARCH 25,2019
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, March
25, 2019 at City Hall. The meeting was called to order by Mayor Joseph Hurst. On roll call,the
following Council members answered as their names were called: Council Member Dodson,
Kneeland, Petty, Sparkman, Swaim and Wood. City Clerk-Treasurer Phyllis Thomas and City
Attorney Candice Settle were also present. This made a total of nine (9)present. A quorum was
declared.
The invocation was given by Pastor Chris Johnson,First Baptist Church.
Pastor Johnson then led the Pledge of Allegiance.
Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on
February 25, 2019. Council Member Petty made a motion to approve the minutes. Council
Member Kneeland seconded the motion. On roll call, the following Council members voted aye:
Council Member Dodson, Swaim, Wood, Sparkman, Kneeland, and Petty. The following voted
nay: none.
v
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 Clerk
read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There
was none. Council Member Swaim seconded by Council Member Wood moved that the
Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Council Member Dodson, Swaim, Wood, Sparkman, Kneeland, and Petty. 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 3-1-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.03 - -2019
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 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.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are
obsolete,and/or beyond repair,and are no longer cost effective,so 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 City's Fixed Asset Inventory and disposed of by sealed
bid,auction or as otherwise authorized under A.CA§14-54-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from
the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods
authorized under the law:
Department Amount Description of Inventors, Control#
Police Department $5,421.60 Watchguard DV1 Mobile Video Sys. PD-695
SN DV 10-133785
Street Department $13,523.00 Tapco Sign Machine Graphtec Pro SD-217
Model#FC5100-75
SN 3102092
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of 6 for and against the foregoing Resolution at its regular meeting held on the 25th day
of March 2019.
eph 1 urst <'l- LJ
Mayor
ATTESTED: • 1111713 •S TO F I RM:
Ph 4
Thomas Candi!ettle
City Clerk/Treasurer rty Attorney
On the agenda next was to consider A RESOLUTION APPROVING THE
PURCHASE OF CERTAIN REAL PROPERTY; AND FOR OTHER PURPOSES.
The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any
discussion. Steve Dufresne with the Van Buren Municipal Utilities state.that all current
plans for the approximately 279 acres have been approved by the EPA and ADEQ and
will sustain the city's wastewater needs for nearly 50 years. City Attorney Candice Settle
reiterated that the property would be owned by the City of Van Buren. 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
Dodson, Swaim, Wood, Sparkman, Kneeland, and Petty.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 3-2-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.03 -11-2019
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING ME PURCHASE OF CERTAIN
REAL PROPERTY;AND FOR OIHLR PURPOSES.
WHEREAS, the City of Van Buren,Arkansas,owns a water works system and a wastewater collection
and treatment system,both being operated,maintained and administered by the City of
Van Buren Municipal Utilities Commission(Commission)pursuant to Ordinance 9-1965;
and
WHEREAS, the Commission has determined that additional real property is needed for the purpose of
land application of biosolids generated by the City's three(3)Wastewater Treatment
Plants;and
WHEREAS, after negotiating with the seller of the certain real property,as described in the attached
Resolution dated March 19,2019,the Commission wishes to offer in good faith to
purchase said property for the amount of$387,000.00;and
WHEREAS, the Commission has expressed its desire to purchase said real property as described in the
attached Commission Resolution,subject to the approval of the Van Buren City Council.
NOW,111LREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Van Buren City Council hereby authorizes the Van Buren Municipal Utilities
Commission to purchase certain real property for the total sum of$387,000.00 utilizing
City of Van Buren Municipal Utilities 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 WHEREOIF-,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 Resolution at its regular meeting
held on the 25th of March 2019. ��JJ
Hurs��
Mayor
ATTESTED: � ":Ijy 9RM:
Phyllis omas Candice A.Settle
City Clerk/Treasurer City Attorney
y
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES
FOR THE CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES.
The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any
discussion. Larry Yancey with Hawkins Weir offered to answer any questions regarding
this project that the council may have. Council Member Jim Petty asked about the
contract expenses. Mr. Yancey stated the contract is written to not exceed $25,000 minus
expendable expenses. Council Member Wood seconded by Council Member Dodson
moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote
resulted: Ayes—Council Member Dodson, Swaim, Wood, Sparkman, Kneeland, and
Petty.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 3-3-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.03-O3-2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING 1'HL MAYOR TO ENTER
INTO A CONTRACT FOR ENGINEERING SERVICES FOR 1.11L
CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren,Arkansas desires to make various improvements within the City
to include streets,drainage,bridges and sidewalks;and
WHEREAS, in order to commence the projects and to seek grant funding, the City is in need of
professional engineering services for the development of plans and designs, cost
estimates,and supervision for said projects.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A") with Hawkins-Weir
Engineers, Inc. to provide engineering services for the development of preliminary
engineering and designs, and cost estimates for the above listed projects. Payment for
such engineering services shall not exceed$25,000.00 including reimbursable expenses.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve,and adopt,by a vote of lc for and 0 against,the foregoing Resolution at its regular meeting
held on the 25th day of March 2019.
h P. rst
Mayor
ATTESTED: • • e I : AS TO 0* •
Ptak Aiii
Ph is Thomas .1 'ice A.Settle
City Clerk/Treasurer
City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF HARRIS UNITED, LLC FOR THE POINTER TRAIL SIDEWALK
IMPROVEMENT PROJECT,AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Hurst asked if there was any discussion. Mayor Hurst
explained that this is part of a TAP grant we received to improve sidewalks on the north
side of Pointer Trail. Larry Yancey with Hawkins Weir was available for questions.
Council Member Alan Swaim asked who owns Harris Co., LLC. Mr. Yancey stated that
it is a relatively new company that started from some of the original Harris Construction
crew, but due diligence has been done by Hawkins Weir and financial references have
been checked. Council Member Jim Petty asked what the rebid process was. Mr. Yancey
replied that they received eight bids but two of those bids had to be considered non-
responsive because they didn't complete two affidavits required by the TAP grant. As for
the correction on the third bid, it was an addition error and the correction was made by
Hawkins Weir to reflect the correct total. Council Member Sparkman 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 Dodson, Swaim, Wood,
Sparkman, Kneeland, and Petty.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 3-4-2019
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.tn-04-2019
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 HARRIS
UNITED, LLC FOR THE POINTER TRAIL SIDEWALK
IMPROVEMENT PROJECT, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the Pointer Trail Sidewalk
Improvement Project;and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Harris United,LLC was the lowest bidder meeting the bid specifications;
and
WHEREAS, the City of Van Buren has determined that the bid of Harris United,LLC is the
best bid.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren,Arkansas acceppts the bid of$286,694.00 as submitted by
Harris United,LLC as set forth in'Exhibit A"attached hereto, contingent on
receiving concurrence from Arkansas Department of Transportation.
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 Pointer Trail Sidewalk
Improvement Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Coiuncil,did
pass,approve,and adopt,by a vote of Co for and 0 against,the foregoing Resolution
at its regular meeting held on the 25th day of March 2019. t •
k
Josep •.
Mayor
ATTESTED: APPO FORM:
Ph -(261rao7nad../ EVA
Thomas �' e
City Clerk/Treasurer City Attorney
'r I.
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF NEW
VEHICLES FOR THE POLICE DEPARTMENT; FOR THE APPROPRIATION
OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Council Member Kneeland moved that the
rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Council Member Sparkman. The council followed with a unanimous vote.
The Clerk then read the Ordinance the second time.
Council Member Dodson moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Wood. 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
Hurst asked Chief Jamie Hammond to explain to the council what these would be used
for. Chief Hammond explained that one would be an animal control vehicle and two
would be fleet replacement vehicles as patrol units. Council Member Tyler Wood asked
what the frequently of use of the new vehicles. Chief Hammond state that they will be
used frequently as seat belt enforcement vehicles.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Dodson and seconded by Council Member Kneeland to adopt the Ordinance.
On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Dodson,
Swaim, Wood, Sparkman, Kneeland, and Petty. 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 Dodson and seconded by Council Member
Sparkman, that the emergency clause be adopted. On the Clerk's calling the roll, the following
vote resulted: Ayes—Council Member Dodson, Swaim, Wood, Sparkman, Kneeland, and Petty.
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 05-2019
ORDINANCE NUMBER 05-2019 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.CYJ-2019
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR,AND PURCHASE OF NEW
VEHICLES FOR THE POLICE DEPARTMENT; FOR THE
APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren is in need of certain police vehicles,for the safety of life and
protection of property by the City of Van Buren Police Department;and
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined
that the purchase of the vehicles from Breeden Truck Center of Van Buren,Arkansas and
Superior Fleet and Commercial Sales of Siloam Springs,Arkansas at the 2019 state
purchase price would be the most practical,feasible and cost effective method for the
department;and
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B)that
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and
'WHEREAS, a state of emergency exists because the vehicle will provide improved life safety and
protection of property and because the units are currently available.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION I: The Police Department of the City of Van Buren,Arkansas is in immediate need to
purchase two(2)2019 Chevrolet Tahoe's and one(1)2019 Ram 1500 Classic vehicles.
SECTION 2: The said two(2)Chevrolet Tahoe vehicles are authorized to be purchased from Superior
Fleet and Commercial Sales,located in Siloam Springs,Arkansas,for the total sum of
$63,796.00 as detailed in the attached quote. .
t
SECTION 3: The said one(I)Ram 1500 Classic vehicle is authorized to be purchased from Breeden
Truck Center,located in Van Buren,Arkansas,for the total sum of$18,453.00 as detailed
in the attached quote.
SECTION 4: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
above described for the price set forth in Section 2 and 3 above from Capital
Improvement Funds—Police Department.
SECTION 5: Itis further found that due to the immediate need to acquire this vehicle before the quote
expires,an emergency is declared to exist and this ordinance being necessary for the
preservation of the public health,safety,and welfare,it shall take effect from and after its
passage and approval.
SECTION 6: 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
Ordinance.
SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be severable,
and,if any section or part of a section,or any 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.
IN WITNESS WHEREO//F,the City of Van Buren,Arkansas,by its City Council,did pass,
�
approve,and adopt,by a vote of�P for and L2 against,the foregoing Ordinance at its regular meeting
held on the 25th day of March 2019.
Mayor
ATTESTED: APP VED FO'.
Ph Thomas Candic=i
City Clerk/Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Council
Member Swaim and seconded by Council Member Petty to appropriate the sum of
$1,390,757.85 to pay expenses and salaries for February 2019, presented by the clerk.
The Council followed with a unanimous vote.
3-18-2019 08:42 AM CITY OF VAN BUREN PAGE: 1
TRIAL 9allffe ---' loi--.--.--.."---.•
AS OF: FEBRUARY 28TH, 2019
10 -General Fund
i ••• MONTH TO DATE *•• •+• YEAR TO DATE •'+
k' ACCT* ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
I.
ASSETS
1000 Petty Cash 0.00 200.00
`il 1020 Cash in Bank 39,714.31 234,004.27
1
1020.01 Cash In Bank-Ins. Reimb. 562.28 562.28 -
1 ,164,273 •35+
1 1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 0.00
1020.04 Veterans' Memorial-Act 934 0.00 0.00 I 0 9,i:1 i 5 • 5 6'•-
'� 1020.05 2009 Byrne Recovery Grant 0.00 0.00 160 •00+
i! 1020.06 2009 Byrne Grant 0.00 0.00 116,508 •93+
1020.07 2007 Byrne Grant 0.00 0.00 1 ,3 9 0 ,7 5 7• 5,''
1020.08 Cash in Bank- Storm Damage 0.00 0.00
i 1020.09 District Cout Grant-Mediation 0.00 0.00
1020.10 Cash in Bank- HDC 155.20
1020.11 Cash in Bank-KVBB 0.00 0.00
1020.12 Emergency Management Fund 0.00 0.00
1020.13 Cash In Bank-ACT 833 11,015.90 94,121.49
1020.14 Court Automation-District 1,078.46 52,762.36
1020.15 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 893.54 66,049.15
}� :, 1020.19 Cash in Bank - FD Co Tax 28,836.19 226,069.13
1020.20 Cash In Bank-Erosion Control 200.00 26,675.00
t
1 .,., 1020.21 Cash in Bank-CPAcademy 0.00 0.00
%I 1020.22 Cash In Bank-PEG Grant 0.00 0.00
1020.27 Cash in Bank - Levee 0.00 9,989.93
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 0.00 0.00
1020.30 Field of Dreams-Equipment 0.00 3,679.07
F 1020.31 Cash in Bank - Parks 6 Rec 0.00 0.00
1020.32 GIF 0.00 0.00
1020.33 Cash in Bank-Yard Waste 1,115.42 174,657.95
1020.34 Cash In BankPublic Facilities 0.00 0.00
'r. 1020.35 Cash In Bank-Jail 2,757.05 0.00
1020.36 Cash in Bank-Property Cleanup 0.00 14,338.74
1020.37 Probation 1,499.63 60,518.17
cl 1020.51 Cash in Bank - Cemetery 30.27 2,384.29
1020.52 Cemetery-Donations 0.00 2,541.00
1 1020.60 Cash In Bank-Reserve 0.00 488,913.19
tl 1020.80 Cash in Bank-KOH 197.42 0.00
`I 1020.91 Cash in Bank - Cap Imp 46,366.52 1,186,716.47
`1 1040 Investments 0.00 0.00
h 1040.10 Investments - Sales Tax City 0.00 0.00
1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.00 0.00
il 1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks c Rec 0.00 0.00
1 1040.51 Investments - Cemetery 1 0.00 38,752.59
1040.91 Investments - Cap Imp 194.65 382,174.20
Next on the agenda was Boards and Commissions. The Van Buren Civil Service
Commission recommended the reappointment of Karen Pharis to an six year term.
Council Member Kneeland, seconded by Council Member Wood 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. Patricia Selman asked
for an update on the I-40 and Hwy 59 project. Mayor Hurst stated that we have been in contact
with AR DOT recently and that project has been moved up in the list of priorities and will be
brought to the council next month for further action.
Council Member Sparkman recognized Eva White and Danalene Porter for attending the
meeting and stated it is a joy to have the library in Van Buren.
There being no further business, motion was made by Council Member Wood and
seconded by Council Member Sparkman to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 6:06 p.m.
AT SED: APPROVED:
CITE'CLERK-TREASURER MAYOR