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Home My WebLink About2023-06-20-AGENDAj I Rick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 June 20, 2023 5:30 P.M. COUNC/LMEMBERS Brittany Bennett Thomas Bryant Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole *******************************************-**************************-*************************** 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS None 8. NEW BUSINESS A) Police Department Report B) Engineer's Report C) Fire Department Report D) An ordinance requiring Knox Boxes at certain commercial and multi- family residential buildings E) An ordinance adopting various Federal and State codes F) A resolution to waive competitive bidding for a Titan Leaf Vacuum Truck G) A resolution to contract with ACS Playground Adventures for the construction of a nature-based playground at the Splashpad Park H) A resolution to purchase materials from J+J Flooring Group to replace the carpeting at the Batesville Community Center I) An ordinance for a private club permit for Good Dog Social Club, Inc. J) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT "City of Hospitality" ORDINANCE NO. ------ AN ORDINANCE TO REQUIRE KNOX BOXES AT CERTAIN COMMERCIAL AND MULTI-FAMILY RESIDENTIAL BUILDINGS; AND FOR OTHER PURPOSES WHEREAS, the benefits of installing Knox Boxes include providing immediate emergency access to firefighters leading to increasing Fire Department efficiency; preventing costly forced entry damage and allowing undamaged doors to be re-secured after the emergency; and protecting property, inventory, equipment and supplies as well as firefighters against possible injuries; and WHEREAS, the City Council has determined it is necessary to require certain commercial and residential buildings to install Knox Boxes for the safety and wellbeing of the citizens of Batesville. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: Section 1: Title. This ordinance shall be titled as and cited as City of Batesville "Knox Boxes Required" Section 2: Definitions: "Commercial Structure" means any building with more than fifty (50) percent of its floor space used for commercial activities, including the sale of products or services. Commercial Structures for purposes of this article do not include any building owned or occupied by the federal government, the state of Arkansas or any of its political subdivisions "Knox Box" means a secure rapid entry system that is designed to be used by Fire Department Personnel in the event of an emergency to gain entry into a structure by using the enclosed owner provided key(s). This box is usually mounted on the exterior of the building in a location that is specified by the Batesville Fire Official. "Fire Official" means the Batesville Fire Chief or any Batesville Fire Department employee or volunteer authorized by the Batesville Fire Chief to approve of the type, size, and location of Knox Boxes as described in this ordinance. Section 3: Knox Box Required for New Commercial Buildings. All new commercial buildings and new multi-family residential buildings containing ten (10) or more dwelling units shall have installed a Knox Box, of a type and size approved by the Batesville Fire Official in a location specified by the Fire Offical prior to occupancy based on residential or commercial use. Section 4: Knox Box Required for Existing Commercial Buildings with Improvements. All existing commercial buildings or multi-family residential buildings containing ten (10) or more dwelling units constructing improvements that require a Permit to be issued by Batesville Code Enforcement shall have installed a Knox Box, of a type and size approved by the Batesville Fire Official, in a location specified by the Fire Official prior to the issuance of the construction permit. Section 5: Knox Box Contents. All Knox Boxes shall contain labeled keys, easily identified in the field to provide access into the property and/or building, and to any locked areas within the said building as the Batesville Fire Official may direct. Section 6: The owner or person in control of any building or facility required to have a Knox Box shall provide keys and updated sets of keys capable of access to the areas described herein, notify a Fire Official when a key change is made and coordinate replacement of the keys in the Knox box, and allow reasonable access for inspection. Section 7: Penalties. Any property or building owner failing to comply with, or in violation of the terms of this Ordinance after notice from the Towns Fire Official, shall be subject to a fine of Two-Hundred and Fifty Dollars and Zero Cents ($250.00). Each day a violation shall continue shall constitute a separate offense at the rate of One Hundred Dollars and Zero Cents ($100.00) a day until corrected. Section 8: Repealer. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9: Severability. If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not affect the remaining portions of this ordinance. Section 10: Emergency Clause. It has been found and it is hereby declared that because this ordinance is necessary for the preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall be effect from and after its passage and approval. PASSED this __ day of ___ , 2023. APPROVED: Mayor Rick Elumbaugh ATTEST: Denise Johnston, City Clerk I I I l I I I I ' ORDINANCE NO. -------- AN ORDINANCE ADOPTING, BY REFERENCE, THE VARIOUS FEDERAL AND STATE CODES; ALLOWING FOR SUBSEQUENT EDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES WHEREAS, ARKANSAS CODE ANNOTATED 14-55-207 states that "Every municipality in the State of Arkansas is authorized by the passage of a municipal ordinance to adopt by reference technical codes, regulations, or standards, without setting forth the provisions of the code or parts thereof"; and WHEREAS, THE GOVERNING BODY OF THE CITY OF BATESVILLE has determined that the City should adopt the Arkansas Fire Prevention Code, the National Electric Code, the Arkansas Plumbing Code, the Arkansas Fuel Gas Code, the Arkansas Mechanical Code, and the Arkansas Criminal and Traffic Codes, and any subsequent Editions and Volumes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKNSAS: SECTION 1-ADOPTED: The City of Batesville does herby adopt the following various codes by reference as well as any subsequent Editions and/or Volumes thereto, as though it was copied herein: 2021 Arkansas Fire Prevention Code; 2023 National Electrical Code; 2018 Arkansas Plumbing Code; 2018 Arkansas Fuel Gas Code; 2021 Arkansas Mechanical Code; and 2022 Arkansas Criminal and Traffic Codes SECTION 2-FLOOR-LEVEL EXIT SIGNS: That in addition to the Arkansas Fire Prevention Code standards and requirements, the City hereby require Floor-level exit signs in all occupant groups except single family dwellings. The Floor-Level Exit signs shall be mounted not less than 10 inches nor more than 12 inches above the floor level. The sign shall be flush mounted to the door or wall. Where mounted on the wall, the edge of the sign shall be within 4 inches of the door frame on the latch side. SECTION 3-SEVERABILITV: If, for any reason, any portion or portions of this ordinance shall be held invalid, such invalidity shall in no way affect the remaining portions. SECTION 4-EMERGENCY DECLARED: The Batesville City Council has determined that an emergency exists to ensure the public peace, health and safety of the citizens of Ward. As such, this Ordinance is hereby effective and in full force upon its passage. PASSED this __ day of ___ ~ 2023. APPROVED: Mayor Rick Elumbaugh ATTEST: Denise Johnston, City Clerk RESOLUTION NO. __ _ A RESOLUTION TO WAIVE COMPETITIVE BIDDING FORA TITAN LEAF VACUUM TRUCK WHEREAS, due to growth and demand the City has an ever increasing need to modernize and increase efficiency in performing services for the residents for the City, including leaf removal services; WHEREAS, the job market is increasingly more competitive and employee retention more difficult; WHEREAS, that there is currently a severe shortage of new leaf vacuum trucks due to supply chain issues, and current waitlists from vendors are ever growing; WHEREAS, that after diligent inquiry, the City has determined that Henard Utility Products, Inc.'s ("Henard") quote best meets the City's needs in regards to specifications, expenses, and timeliness; WHEREAS, if the City does not make said purchase order immediately, the City will not be unable to reasonably acquire a new leaf vacuum truck until after 2024 through any vendor;and WHEREAS, Arkansas Code Annotated§ 14-58-303(b)(2)(B) allows this governing body by resolution to waive the requirements of competitive bidding in exceptional situations where bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. That the purchase of a new Olympian model Titan Leaf Vacuum Truck from Henard Utility Products, Inc. for approximately $251,014.00 is hereby authorized. A copy of the Quote is as attached hereto and incorporated by reference. Section 2. That after diligent search it has been determined that this leaf vacuum truck uniquely meets the city's specifications and immediate needs. Therefore, competitive bidding is deemed to not be feasible or practical, and is hereby waived. PASSED AND APPROVED this __ of June, 2023. Honorable Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk RESOLUTION NO. ______ _ A RESOLUTION TO CONTRACT WITH ACS PLAYGROUND ADVENTURES FOR THE CONSTRUCTION OF A NATURE BASED PLAYGROUND AT THE SPLASHPAD PARK WHEREAS, the City of Batesville desires to enter into a contract for the construction of a nature- based playground at the splashpad park; WHEREAS, ACS Playground Adventures was selected through a Request for Proposal process and were found to have presented a proposal that fulfilled all design criteria and budgetary requirements set for this project; WHEREAS, the total amount of the contract is for $302,952.13 more or less, and will be paid from monies from the Arkansas Parks and Tourism Outdoor Recreation Grant Program and matching funds from the City of Batesville Annual Budget. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: That the City of Batesville, Arkansas will enter into a contract for the construction of a nature-based playground at the Splashpad Park. SECTION 2: The total amount for the contract is for $302,952.13 more or less, and will be paid from monies from the Arkansas Parks and Tourism Outdoor Recreation Grant Program and matching funds from the City of Batesville Annual Budget. SECTION 3: The Mayor, Rick Elumbaugh and City Clerk, Denise Johnston are hereby authorized by the City Council for the City of Batesville to execute all documents necessary to effectuate the agreement. PASSED AND APPROVED this 20 th day of June, 2023. APPROVED: Rick Elumbaugh, Mayor ATTEST: Denise Johnston, City Clerk t I ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS TO BE MADE OUT TO: PROPOSAL playground adventures Customer Information CONTACT: Jeff Owens ACS Playground Adventures 8501 Mantle Ave. Oklahoma City, OK 73132 PH: 405-721-3506 Fax: 405-721-3514 -----------------PHONE Destination FAX: F.O.B. May 15, 2023 DATE FREIGHT 0 Prepaid D Collect SHIP TO: Please Advise BILL TO: Please Advise 50% down , net 15 TERMS (Subject To Credit Approval By ACS) 14-24 Week SHIPPING TIME Pricing Good for 15 days from Date of Proposal We are pleased to submit this proposal to supply the following items: QTY ITEM NO. DESCRIPTION UNIT WT UNIT PRICE WEIGHT EXTENDED AMT 1 Playbooster Custom Nature Themed Playground 190,290.00 $ 190,290.00 1 Log Balance Beam 4,315.00 $ 4,315.00 1 Log Crawl Tunnel 7,738.00 $ 7,738.00 1 Digirider -Bear -Brown 2,005.00 $ 2,005.00 1 Log Stepper 8" Height 866.00 $ 866.00 1 Digifuse Perch Spring Rider 2,861.00 $ 2,861.00 60 Borders APS 4'x12" Border Timbers 38.00 $ 2,280.00 125 Surfacing Engineered Wood Fiber Surfacing 22.75 $ 2,843.75 $ - 1 Discount -Climber $ (4,195.00) Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES, INC. CUSTOMER SUBTOTAL MATERIAL $ 209,003.75 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. INSTALLATION $ 63,698.00 ACCEPTED BY CUSTOMER DATE FREIGHT $ 8,500.00 PRINT NAME Tax Rate 10.000% SALES TAX $ 21,750.38 PROPOSED BY LSI REPRESENTATIVE DATE Cameron Wood (501) 772-2075 TOTAL $ 302,952.13 PRINT NAME Taxable: Freight X ---Installation ---- I i I I I l I i RESOLUTION NO. ____ _ A RESOLUTION TO PURCHASE MATERIALS FROMJ+J FLOORING GROUP TO REPLACE THE CARPETING AT THE BATESVILLE COMMUNITY CENTER WHEREAS, the City of Batesville desires to replace the carpet at the Batesville Community Center; WHEREAS, J + J Flooring Group were found to be the company presenting the lowest bid meeting specifications; WHEREAS, the total amount of the purchase is $43,587.37, more or less, and will be paid from monies from the Batesville Community Center Perpetual Maintenance Fund. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: That the City of Batesville, Arkansas will purchase materials to replace the carpeting at the Batesville Community Center from J + J Flooring Group. SECTION 2: The total amount for the purchase is for $43,587.37, more or less, and will be paid from the Batesville Community Center Perpetual Maintenance Fund. SECTION 3: The Mayor, Rick Elumbaugh and City Clerk, Denise Johnston are hereby authorized by the City Council for the City of Batesville to execute all documents necessary to effectuate the agreement. PASSED AND APPROVED this 20 th day of June, 2023. APPROVED: Rick Elumbaugh, Mayor ATTEST: Denise Johnston, City Clerk BID TABULATION SHEET RETURN THIS SHEET WITH BID We understand that all prices stated do include applicable taxes and delivery costs. Any deviations from the specifications are to be noted. We understand that this bid may not be withdrawn for thirty (30) days from the advertised bid opening time and date. Total Bid to provide carpeting to Replace carpeting at the Batesville Community Center and Aquatics parks: ($41,805.00 + 5865.00 (adhesive) +7182.00 (fgt) $ 54,852.00 product & freight only +5,485.20 Tax @10% $ 160,337.20 TOTAW J/ic,&~ Signature Vicki Raines Name (Print) Sales Executive Title Office Interiors Company Name 281 Moore Lo, Collierville, IN 38017 Address: City, State, Zip Code 06/07/23 Date 901-484-1765 Phone Number Additive Alternate of Installation Total Cost $ _____ _ ~ g 0 "' Engineered Floors, LLC OBA/ J+J Flooring Group P.O. Box 2207 Dalton, GA 30722-2207 If 800.241.4586 SALES REPRESENTATIVE BRAD BUNCH BATESVILLE COMMUNITY CENTER 1420 S 20TH STREET BATESVILLE, AZ 72501 USA • FLOORING GROUP A DIVISION or ENGINEERED FLOORS Page Date 6/6/2023 Price Quote 114473 PHONE NUMBER 479.305.4004 F.O.B. POINT DALTON, GA To place an order: Contact J+J Flooring Group Customer Service p: 800.241.4585 e: 8860 f: 800.628.4329 orders@jjflooringgroup.com TRANSPORT CARRIER Southeastern BATESVILLE COMMUNITY CENTER 1420 S 20TH STREET BATESVILLE, AZ 72501 USA I SIDEMARK I BATESVILLE COMMUNITY CENTER Line S1¥le Color Size Badcing Qty Units Price Amount 1 MesaNalley Collection TBD MANUL Nexus Vinyl 1,900.00 SY $18.60 $35,340.00 2 Nexus Modular Adhesive MANUL 16.00 SY $125.0 $2,000.00 0 SUBTOTAL $37,340.00 Freight $2,284.88 Sales Tax FREIGHT QUOTE INCLUDES: $3,962.49 Call Ahead ¢ Job Site TOTAL $43 587.37 Lift Gate FREIGHT QUOTE VALID FOR 5 DAYS This Price Quote is valid for the expressed term and consistent with our understanding of the specified project. This is not a substitute for and may not be used as a Purchase Order THIS PRICE QUOTE IS VALID THROUGH 7/6/2023 Applicable freight, taxes, fees, and surcharges will be applied at the time of invoicing. This quote contains an approximation of such costs based on current pricing, quantities, shipping destination and freight/fuel cost. Engineered Floors, LLC OBA/ J+J Flooring Group reserves the right to adjust the actual invoice amount to reflect any variances, omissions, calculation errors or additional costs associated with these changes. BRAD BUNCH m: 479.305.4004 If 800.241.4586 e: 57989 brad.bunch@jjflooringgroup.com g g 0 Cl) Engineered Floors, LLC OBA/ J+J Flooring Group P.O. Box 2207 Dalton, GA 30722-2207 tf 800.241.4586 SALES REPRESENTATIVE BRAD BUNCH BATESVILLE COMMUNITY CENTER 1420 S 20TH STREET BATESVILLE, AR 72501 USA • FLOORING GROUP A DIVISION OF ENGINEERED FLOORS Page 1 Date 6/8/2023 Price Quote 114480 PHONE NUMBER 479.305.4004 To place an order: Contact J+J Flooring Group Customer Service p: 800.241.4585 e: 8860 f: 800.628.4329 orders@jjflooringgroup.com F.0.8. POINT TRANSPORT CARRIER DALTON, GA Southeastern g 0. :i: er., BATESVILLE COMMUNITY CENTER 1420 S 20TH STREET BATESVILLE, AR 72501 USA I SIDEMARK I BATESVILLE COMMUNITY CENTER Line Style Color Size Backing Qty Units Price Amount 1 MesaNalley Collection TBD MANUL Nexus Vinyl 1,900.00 SY $18.60 $35,340.00 2 Nexus Modular Adhesive MANUL 16.00 SY $125.0 $2,000.00 0 SUBTOTAL $37,340.00 Freight $2,284.88 Sales Tax FREIGHT QUOTE INCLUDES: $3,962.49 Call Ahead ¢ Job Site TOTAL $43 587.37 Lift Gate FREIGHT QUOTE VALID FOR 5 DAYS This Price Quote is valid for the expressed term and consistent with our understanding of the specified project. This is not a substitute for and may not be used as a Purchase Order THIS PRICE QUOTE IS VALID THROUGH 7/8/2023 Applicable freight, taxes, fees, and surcharges will be applied at the time of invoicing. This quote contains an approximation of such costs based on current pricing, quantities, shipping destination and freight/fuel cost. Engineered Floors, LLC DBA / J+J Flooring Group reserves the right to adjust the actual invoice amount to reflect any variances, omissions, calculation errors or additional costs associated with these changes. BRAD BUNCH m: 479.305.4004 tf 800.241.4586 e: 57989 brad.bunch@jjflooringgroup.com City of Batesville Batesville Community Center Donations & Sponsorship Account Payment Acquisition Form Vendor Invoice# Invoice Date J-t-J A,1.v-;na ,-RirJ J Total Invoices are attached: ---- Total number of invoices: ---- Date Presented to council: fo-~o -dods Approved by council: __ Denied by council: __ Bank Balance as of G-/&,--;)3 Less current payments Ending Balance ltem(s) Purchased (l f1 rf:)e.,_-.f- I Invoice Amount L/3,Sf7. :?7 ORDINANCE NO. ---- AN ORDINANCE APPROVING THE PRIVATE CLUB PERMIT FOR GOOD DOG SOCIAL CLUB, INC. AND ALLOWING FOR THE APPLICATION OF THE REQUIRED PERMITS FROM THE ARKANSAS ALCOHOLIC BEVERAGE CONTROL DIVISION PER ARKANSAS CODE ANNOTATED §3-9-222 AS AMENDED AND FOR OTHER PURPOSES; AND DECLARING AN EMERGENCY WHEREAS, GOOD DOG SOCIAL CLUB, INC., (as may be changed to MY LITTLE TOWN, INC.), or any other fictitious name filed by the entity, has applied for a private club permit as required per A.C.A. §3-9-222 (the "Applicant"), and WHEREAS, the Applicant, has provided all the information required in permit application process, and WHEREAS, the City Council for the City Of Batesville hereby approves the application for permit for the proposed location to operate a private club within its city limits, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BARLING, ARKANSAS: SECTION 1: That the application for private club permit is hereby approved for CESAR FERNANDO JASSO, as manager for the Applicant, GOOD DOG SOCIAL CLUB, INC. which is located at 3050 Harrison Street B, Batesville. SECTION 2: That no private club operations will begin unless and until a permit to operate a private club is issued by the Arkansas Alcoholic Beverage Division. SECTION 3: That the approval and permit are subject to suspension or revocation by the City in the event the manager or the Applicant violates any Batesville ordinances pertaining to private club permits or State Law. SECTION 4: That this Ordinance and approval is conditioned upon Applicant receiving approval from Arkansas' Alcoholic Beverage Control Division ("ABC") by March 14, 2025. If Applicant fails to get ABC approval by said date, this approval shall be revoked by operation of law. SECTION 5: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not affect the remaining portions of this ordinance. SECTION 7: EMERGENCY CLAUSE. IT IS HEREBY ASCERTAINED AND DECLARED THAT THE PERMIT MUST BE ISSUED AS SOON AS POSSIBLE. THEREFORE, IT IS DECLARED THAT AN EMERGENCY EXISTS AND THIS Page 1 of2 ORDINANCE SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON AND AFTER ITS PASSAGE. PASSED this __ day of ___ , 2023. APPROVED: Mayor Rick Elumbaugh ATTEST: Denise Johnston, City Clerk Page 2 of2