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HomeMy WebLinkAbout2024-01-09 AgendaRick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney 1 A HISTORIC TREAS ,RV A A;11AS' OLDEST CNI� Tj lxe]ZIN911 CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 January 9, 2023 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole Landon Reeves 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 A) Third reading of an ordinance designating city owned property contiguous to Polk (AKA "Poke") Bayou as a city park B) Third reading of an ordinance designating city owned cemeteries as parks C) Third reading of an ordinance to amend the ordinance regarding city park hours 8. NEW BUSINESS A) Police Department Report B) Engineer's Report C) Ms. Crystal Johnson, Chamber CEO, with A&P and Economic Development updates D) Consider an ordinance adopting the rules and procedures for the transaction of business of the Council E) Consider an ordinance to waive competitive bidding on certain items for 2024 F) Consider a resolution expressing the willingness of the City of Batesville to utilize State Aid Street Monies for an overlay project. G) Consider a resolution to contract with Clark Contractors, LLC for the construction management of Riverside Park and associated projects H) Consider a resolution authorizing the payment of judgment to Independence County 1) Consider a resolution authorizing the purchase of real property along Miller Creek J) Executive Session K) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT Batesville— My Hometown... Make it Yours! ORDINANCE NO: AN ORDINANCE DESIGNATING CITY OWNED PROPERTY CONTIGUOUS TO POLK (AKA "POKE") BAYOU AS A CITY PARK, AND FOR OTHER PURPOSES WHEREAS, that the City Council wishes to expand recreational activities within the City to promote the health and wellbeing of its citizens, as well as increasing economic development through tourism; and WHEREAS, that Polk (aka "Poke") Bayou's use for canoeing, fishing, and other recreational activities has surged in the recent past, and continues to grow; WHEREAS, to help make use of Polk Bayou more convenient, the City has teamed up with the Arkansas Game and fish to construct boat ramps near the bridge at White Drive as well as near the Golden Overpass at Broad Street; WHEREAS, said ramps are being constructed on City owned property contiguous to Polk Bayou; WHEREAS, in order to foster said increased usage, it necessary for the city to be able to regulate the property in order to promote safety and proper sanitary conditions, as well as discourage vandalism and other criminal activity along the bayou; WHEREAS, ordinances have already been established to regulate activities in City Parks; and WHEREAS, that the Council has therefore determined that City owned property along Polk Bayou should be designated as a City Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: That city owned property contiguous to Polk (also known as "Poke") Bayou, including property upon and under city owned bridges, is hereby designated as a Batesville City Park and subject to all Batesville ordinances regulating City Parks. SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: 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 4: EMERGENCY CLAUSE: That because littering, vandalism, and criminal acts by certain individuals is currently occurring along the Polk Bayou, the need for this act to be enforced is immediate. Therefore, it is further found that an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety shall take effect from and after its passage and approval. PASSED AND APPROVED this day of Janua , 2024. Honorable Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk ORDINANCE NO: AN ORDINANCE DESIGNATING CITY OWNED CEMETERIES AS CITY PARKS, AND FOR OTHER PURPOSES WHEREAS, that Oaklawn Cemetery and Pioneer Cemetery are operated and owned by the city of Batesville, Arkansas; WHEREAS, that these are cherished city memorials, with their intended use being to honor loved ones and remember our shared history; WHEREAS, littering, vandalism, criminal mischief, and other crimes have become an issue at said cemeteries; WHEREAS, ordinances have already been established regarding the use of city parks which would help preserve these cemeteries' intended purposes; and WHEREAS, that the Council has therefore determined that City owned property along Polk Bayou should be designated as a City Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: That Oaklawn Cemetery and Pioneer Cemetery owned property contiguous to Polk (also known as "Poke") Bayou is hereby designated as a Batesville City Park and subject to all Batesville ordinances regulating City Parks. SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: 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 4: EMERGENCY CLAUSE: That because littering, criminal mischief, vandalism, and criminal acts by certain individuals has been ongoing, the need for this act to be enforced is immediate. Therefore, it is further found that an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety shall take effect from and after its passage and approval. PASSED AND APPROVED this day of January , 2024. Honorable Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk ORDINANCE NO: AN ORDINANCE TO AMEND THE ORDINANCE REGARDING CITY PARKS HOURS OF OPERATION; AND FOR OTHER PURPOSES WHEREAS, that the City of Batesville, in an effort to preserve public property and ensure the safe usage of its parks; and WHEREAS, the Council has determined this issue can be resolved by amending the city ordinance regarding the park's hours of operations and the exceptions thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: That Ordinance No. 2020-8-01, Sec. 1, codified as 12.12.06 is hereby amended to read as follows: Hours for Parks: All city parks shall be closed from 10:00 pm and reopened at 5:00 am (Herein after referred to "Standard Hours of Operation".). That the Standard Hours of Operation shall not apply to City sponsored or City approved events. That at the close of any City sponsored or City approved events, participants shall have thirty minutes to vacate the parks. Said Parks hours shall also not apply to the following activities: jogging, walking, boat ramp usage, and/or fishing. Appropriate signage shall be placed on site to advise as to the time when the parks are opened and closed. That the Mayor or his designee shall have authority to authorize usage of the parks during closed hours. SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: 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 4: EMERGENCY CLAUSE: That because the abuse of the Parks by certain individuals is ongoing the need for this act to be enforced is immediate. Therefore, it is further found that an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety shall take effect from and after its passage and approval. PASSED AND APPROVED this day of _January_, 2024. Honorable Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk CITY OF BATESVILLE ORDINANCE NO.2024- AN ORDINANCE ADOPTING RULES OF PROCEDURES FOR THE TRANSACTION OF BUSINESS OF THE COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. The Batesville City Council shall meet at 5:30 p.m. at the Batesville Municipal Building on the second and fourth Tuesday of each month for its regular scheduled meeting. SECTION 2. Special meetings of the City Council of the City of Batesville, Arkansas may be held upon the call of the Mayor, whenever in his opinion it shall be necessary, or by three (3) members of the Council by giving notice in writing which notice shall be served personally or through U.S. mail or email to all members of the Council, which notice shall state the date and time of the meeting and purpose thereof. SECTION 3. All meeting of the City Council of the City of Batesville, Arkansas, shall be public meetings. Notice of the time, place and date of all special meetings shall be given by phone or email to representatives of the newspapers and radio stations located in Batesville, Arkansas, which have requested to be notified at least two (2) hours before the special meeting takes place. SECTION 4. At all meetings of the Council the following shall be the order of business unless the Council by a majority vote shall order otherwise. 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 8. New business 9. Mayor Comments 10. Liaison Reports 11. Council Comments (by roll call) 12. Adjournment SECTION 5. The City Clerk shall keep a journal of its proceedings in the manner as other legislative bodies. The yeas and nays shall be taken and entered upon the journal on any by-law, motion, ordinance or resolution. SECTION 6. Procedural rules: A. All proposed ordinances or resolutions may be offered to the City Council by one of its members or Mayor. B. The Batesville City Council may, by a two-thirds vote of the Council, waive the readings of a proposed resolution or ordinance in its entirety, provided, however, that the proposed resolution or ordinance be fully and distinctly explained. C. That the City Council shall not pass or consider at the next regular meeting any resolution, ordinance, petition, contract, lease, appointment or any other matters, filed with the City Clerk after 12:00 Noon, on Tuesday, preceding the meeting. This provision may be waived by a two-thirds vote of the entire Council. D. Items placed on an agenda shall be considered in the order in which they are placed on the agenda unless two-thirds of the City Council present shall vote to consider an item elsewhere. E. Parliamentary procedure provides for a more efficient and effective procedure for a City Council and has long been accepted as a standard authority for municipalities in conducting council meetings and shall be used as provided in the Arkansas Municipal League Procedural Rules booklet. F. A citizen wishing to address the City Council on a particular issue either under order of business No. 6, comments from citizens, order No. 7, unfinished business, or order No. 8, new business, shall have the right to do so not to exceed three (3) minutes in length. The Mayor shall recognize any citizen wishing to address the Council pursuant to this section. The City Clerk shall keep the citizen's time and shall notify the Mayor when the citizen's time has expired. SECTION 7. Any person who shall disrupt or interfere with a meeting of the Council or creates a disturbance in such meeting may be charged with such offense, and if convicted, shall be punished in accordance with the laws of the state. SECTION 8. The City Council may at any regular or special meeting, revise or modify these rules or adopt new rules by a majority vote of the full Council. SECTION 9. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions of the ordinance which can be given effect without the invalid provision, and to this end the provisions of the ordinance are declared to be severable. Adopted this 101h day of January, 2023. Rick Elumbaugh, Mayor Attest: Denise Johnston, City Clerk ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING DURING THE CALENDAR YEAR OF 2023 ON THE PURCHASES OF USED EQUIPMENT, MOTOR FUEL, SB-2, HOT MIX ASPHALT, COLD MIX ASPHALT, WATER TREATMENT PROCESS CHEMICALS, BADGER RADIO READ METERS, PROPERTY INSURANCE AND EMPLOYEE HEALTH INSURANCE: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: SECTION 1: That pursuant to Section Five (5) of Act 28 of 1959 as amended by Section One (1) of Act 154 of 1979, as codified in the Arkansas Statutes as Ark. Code Ann. Section 14-58-303 et seq. the requirement of competitive bidding during the calendar year of 2022 is hereby waived on the purchases of used equipment, motor fuel, leased equipment, SB-2, hot mix asphalt, cold mix asphalt, water treatment process chemicals, Badger radio read meters, property insurance and employee health insurance. SECTION 2: That the City Council finds this is an exceptional situation warranting waiver of bidding due to the nonfeasibility and nonpracticality of bidding on used equipment, motor fuel, leased equipment, SB-2, hot mix asphalt, cold mix asphalt, water treatment process chemicals, Badger radio read meters, property insurance and employee health insurance. SECTION 3: That this ordinance shall be effective until December 31, 2024. SECTION 4: EMERGENCY CLAUSE - These purchases would be in the best interest of the public's health, safety and general welfare and the timeliness of said purchases being of the utmost importance and competitive bidding being nonfeasible and nonpractical, an emergency is hereby declared and this ordinance shall be in full force and effect as of the date of its passage. ADOPTED this 9th Day of January, 2024. APPROVED: RICK ELUMBAUGH, MAYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK STATE AID CITY STREET PROGRAM PROJECT RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF BATESVILLE TO UTILIZE STATE AID STREET MONIES FOR THE FOLLOWING CITY PROJECT: Batesville Overlay (S) WHEREAS, the City of Batesville understands that State Aid Street Program funds are available for certain city projects at the following participating ratios: Reconstruction/Resurfacing Construction of City Projects City projects programmed but not let to contract Work Phase Preliminary Engineering & Construction Engineering Right -of -Way Utilities Construction All Phases State Aid % Ci % 100% -0- -0- 100% -0- 100% 100% (Max. $300K) -0-(Balance) -0- 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, THAT: SECTION I: The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. SECTION III: The City agrees upon completion of the project to assume the maintenance of the right-of-way by City Forces and/or others including utilities and individuals in accordance with the prevailing Arkansas Department of Transportation regulations. SECTION IV: The City pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of ATTEST: (SEAL) 2024. Mayor Rick Elumbaugh RESOLUTION # A RESOLUTION TO CONTRACT WITH CLARK CONTRACTORS, LLC FOR THE CONSTRUCTION MANAGEMENT OF RIVERSIDE PARK AND ASSOCIATED PROJECTS WHEREAS, the City of Batesville desires to enter into a contract for the construction of Riverside Park and Associated Projects; WHEREAS, Clark Contractors, LLC were selected through a Statement of Qualifications process and were found to be the most qualified firms to provide the construction management services; WHEREAS, the total amount of the contract will be 4.25% of the Guaranteed Maximum Price of the Project plus general conditions not to exceed $, more or less, and will be paid from monies collected from the Half Cent Recreation Sales Tax; 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 Construction Management of Riverside Park and Associated Projects with Clark Contractor, LLC. SECTION 2: The total amount for the contract will be 4.25% of the Guaranteed Maximum Price of the Project plus General Conditions not to exceed $, more or less, and will be paid from monies collected from the Half Cent Recreation Sales Tax. 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 day of January, 2024. Rick Elumbaugh, Mayor ATTEST: Denise Johnston, City Clerk RESOLUTION # A RESOLUTION AUTHORIZING THE PAYMENT OF JUDGMENT TO INDEPENDENCE, COUNTY WHEREAS, that Judgment was entered against the City of Batesville by Mandate by the Arkansas Court of Appeals in Independence County Circuit Case Number 32CV-20-25; WHEREAS, Independence County is agreeable to accepting payment for said Judgment in monthly $5,000 increments from the City interest free until paid in full. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: The City of Batesville hereby authorizes the Mayor to enter into MOU with Independence County attached hereto and incorporated herein, and the Clerk is authorized to make said installment payments per said MOU. PASSED AND APPROVED this `h day of January, 2024. Rick Elumbaugh, Mayor ATTEST: Denise Johnston, City Clerk RESOLUTION # A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY ALONG MILLER CREEK WHEREAS, that the City of Batesville wishes to expand recreational opportunities for the health and wellbeing of its residents, as well as residents of Independence County; and WHEREAS, that in order to meet this goal, the Cite is planning to Construct the Batesville Heritage Nature Trail; and WHEREAS, that said trail would require the purchase of a tract of land of 84.25 acres, more or less, along miller Creek and the Missouri Pacific Railroad owned bN. PDGII, LLC; and WHEREAS, that First Community Bank has generously pledged to donate S20,000 per year to the City of Batesville for the next five years to go toward the purchase price of said prop", with said donation totaling S 100,000. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: That the City of Batesville hereby authorizes the purchase of real proper" from PDGH, LLC, for the purchase price of S525,000, more or less, per the real estate purchase agreement which is attached hereto and incorporated herein by reference. Said real estate purchase agreement contains a legal description of said property. PASSED AND APPROVED this _'' day of January, 2024. Rick Elumbau-h Mayor City of Batesville Denise Johnston City Clerk City of Batesville