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03 March 2021 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING MARCH 22,2021 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, March 22, 2021 at the Van Buren Public Library. The meeting was called to order by Mayor Hurst. On roll call, the following Council members answered as their names were called: Council Member Kneeland, Dodson, Bell, Wood and Olburn. City Clerk-Treasurer Phyllis Thomas and City Attorney Jacob Howell were present. Council Member P:tty was absent. This made a total of eight(8)present. A quorum was declared. The invocation was given by Chief Jamie Hammond. Red Oak Girl Scout Troop then led the Pledge of Allegiance. Mayor Hurst then recognized Betty Bentley in her retirement from the Van Buren Police Departnent. Next, the following items were on the March 2021 consent agenda: • MINUTES OF THE REGULAR COUNCIL MEETING ON March 1,2021. • STREET CLOSURE REQUEST-ANNUAL PIONEER DAY PARADE • ORD 2-2021-AN ORDINANCE TO AMEND ORDINANCE 29-2020 CHANGING THE NAME OF A PRIVATE CLUB FROM"POINTER BREWERY"TO"POINTER PLACE." • BOARDS AND COMMISSIONS-REAPPOINTMENT OF TODD YOUNG,VAN BUREN MUNICIPAL UTILITIES. • FINANCIAL STATEMENT TO APPROPRIATE THE SUM OF$1,172,636.44 TO PAY EXPENSES AND SALARIES FOR FEBRUARY 2021. • DEPARTMENT REPORTS. Council Member Kneeland made a motion to approve the consent agenda. Council Member Dodson seconded the motion. On roll call,the following Council members voted aye: Council I'.lember Wood, Osburn, Kneeland, Dodson and Bell. The following voted nay: none. 1 • ORDINANCE 02-2021 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.Dot,-2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE 29-2020 CHANGING THE NAME OF A PRIVATE CLUB FROM"POINTER BREWERY" TO"POINTER PLACE." WHEREAS, Mr.Quentin Willard submitted to the Van Buren City Council an application for a permit to operate as a private club to be known as"Pointer Brewery";and WHEREAS, Mr. Willard consulted with the Alcoholic Beverage Control Division and was instructed to change the name;and WHEREAS, Mr.Willard has changed the name of the private club to"Pointer Place;"and WHEREAS The City Council of the City of Van Buren,Arkansas,authorizes Quentin Willard to submit the private club permit application,pursuant to A.C.A. 3-9-222,to the • Alcoholic Beverage Control Division. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The application submitted by Quentin Willard for a permit to operate as a private club in the City of Van Buren,Arkansas,is hereby approved to be submitted to the Alcoholic Beverage Control Division. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of S for and O against, the foregoing Ordinance at its regular meeting held on the 22'day of March 2021. Joseph P.Hurst 5 .Q.Y/64-4)7- ATTESTED: APP: a A. Phyllis Thomas • • . e • City Clerk/Treasurer City Attorney FINANCIAL STATEMENT FEBRUARY 2021 ----_- February 2021 Total Expenditures $1,172,636.44 1LT • LE- 38 . 129- • • On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF GOODWIN AND GOODWIN, INC. FOR ASPHALT MILLING WORK AS PART OF THE 2021 IN-HOUSE STREET OVERLAY PROJECT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Mayor Hurst explained several projects were put aside last year due to uncertainty regarding revenue during COVID, so he is excited to get back on schedule with our in-house street projects. Council Member Bell 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 Wood, Osburn, Kneeland, Dodson and Bell. 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 03-02-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.03 -off-2021 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 GOODWIN AND GOODWIN,INC.FOR ASPHALT MILLING WORK AS PART OF THE 2021 IN-HOUSE STREET OVERLAY PROJECT;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for asphalt milling work as part of the 2021 In-House Overlay Project;and WHEREAS, bids have been received and opened in accordance with Arkansas law and Goodwin and Goodwin,Inc.was the lowest bidder meeting the bid specifications;and WHEREAS, the City of Van Buren has determined that the bid of Goodwin and Goodwin,Inc. 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 accepts the bid$6.00 per square yard for asphalt milling as submitted by Goodwin and Goodwin,Inc.,as set forth in"Exhibit A" attached hereto. 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 project from Capital • Improvement funds and to execute all documents necessary to effectuate the agreement. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of 5 for and c) against,the foregoing Resolution at its regular meeting held on the 22nd day of March 2021. J ph P.rIurst or ATTESTED: APPROVED AS TO FORM: Phillis Thomas acob Howe City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC. FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN 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. This item was initially on the consent agenda, but pulled it out for discussion. Mayor Hurst reiterated that state statute does not require bidding on asphalt, however due-to the amount we needed to come to the council for approval. Council Member Bell 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 Wood, Osburn, Kneeland, Dodson and Bell.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 03-01-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.03 -o/ -2021 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC.FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR O 1I1LR PURPOSES. WHEREAS, the City of Van Buren desires to continue with a program of street repairs and improvements and as a part of that program the Street Department will overlay portions of various other interior streets within the City of Van Buren;and WHEREAS, the Van Buren City Council approved funds in the 2021 budget for street repairs and in-house projects;and WHEREAS, ARK.CODE ANN. §14-58-104 waives the requirements for competitive bidding for asphalt;and WHEREAS, the City of Van Buren will purchase asphalt from APAC Central, Inc. in the amount not to exceed$150,000.00 for said projects. NOW, 1'HhREFORE, BE IT RESOLVED BY 1'HE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all invoices to APAC Central, Inc. from Capital Improvement and Street Funds relating to these overlays and to execute all documents necessary to effectuate this resolution. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of ' for and C") against,the foregoing Resolution at its regular meeting held on the 22nd day of March 2021. Joseph P Hurst Mayor ATTESTED: APPROVED AS TO FORM: Phhlhs Thomas owell City Clerk/Treasurer City Attorney • On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF GOODWIN AND GOODWIN, INC. FOR THE NORTH 20TH STREET AND MAPLE STREET PROJECT; 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 Osburn 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 Wood, Osburn, Kneeland, Dodson and Bell. Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was atte;ted by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 03-03-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.03 -03-2021 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 GOODWIN AND GOODWIN, INC. FOR THE NORTH 20TH STREET AND MAPLE STREET PROJECT; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for North 20th Street and Maple Street Overlay Project;and • WHEREAS, bids have been received and opened in accordance with Arkansas law and Goodwin and Goodwin,Inc.was the lowest bidder meeting the bid specifications;and WHEREAS, the City of Van Buren has determined that the bid of Goodwin and Goodwin,Inc. 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 accepts the bid of$1,092,427.50 for Goodwin and Goodwin,Inc.,as set forth in"Exhibit A"attached hereto. 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 project from Capital Improvement funds and to execute all documents necessary to effectuate the agreement. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of 5 for and () against,the foregoing Resolution at its regular meeting held on the 22nd day of March 2021. Mayor ATTESTED: APPROVED AS TO FORM: Ph lhs Thomas Jacob City Clerk/Treasurer City Attorney • On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A STREET VEHICLE FROM RANDALL FORD; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCI'; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Wood moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Bell. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Wood moved that the rules be further suspended and the Ordinance placed on tie third and fmal reading. The motion was seconded by Council Member Dodson. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and fmal 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 Wood and seconded by Council Member Bell to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood, Osburn, Kneeland, Dodson and Bell.Nays— None. The Mayor declared the motion carried as there were five (5) ayes and(0)nays. Four(4)votes be'ng necessary for passage. Motion was made by Council Member Dodson and seconded by Council Member Kneeland, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Counc-:1 Member Wood, Osburn, Kneeland, Dodson and Bell. Nays—none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested b; the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 03-2021 • ORDINANCE NUMBER 03-2021 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 0 3 -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS AN ORDINANCE TO BE EN 1'1 FLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF A STREET VEHICLE FROM RANDALL FORD; FOR THE APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of a certain street vehicle for the protection of property by the City of Van Buren Street Department;and WHEREAS, after extensive research and inquiry,the City of Van Buren Street Department Manager has determined that the purchase of the vehicle from Randall Ford of Fort Smith at the 2021 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 NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Street Department of the City of Van Buren,Arkansas has an immediate need to purchase a 2021 F-Series 3500 Ford Truck for the total sum of$34,105.20. SECTION 2: The purchase of said vehicle from Randall Ford,located in Fort Smith,Arkansas,for the total sum of$34,105.20 as detailed in the attached quotes,are necessary to protect the life and safety of Van Buren citizens. SECTION 3: 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 vehicle for the price set forth in Section 2 above. SECTION 4: It is further found that due to the immediate need to acquire this vehicle before the quotes expire 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 5: 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 6: 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 WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 5 for and O against,the foregoing Ordinance at its regular meeting • held on the 22`d day of March 2021. •seph 1. ATTESTED: APP O FORM: lM 19/11Q cc� Ph lis Thomas Jacob Howell City Clerk/Treasurer City Attorney Next on the agenda was Miscellaneous and General Discussion. John Pope and Tracy Burba with Keep Van Buren Beautiful informed the council of an Earth Day event on downtown Main Street on April 24th from 1 0-6pm. There being no further business, motion was made by Council Member Bell and seconded by Council Member Kneeland to adjourn. The Council followed with a unanimous vote. The meeting adjourned at t.,:15 p.m. ATTESTED: APPROVED: CF$'Y CLERK-TREASURER MA • YOR