01 January 2020 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING JANUARY 27,2020
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, January
27, 2020 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 present. This made a total of nine (9)present. A quorum was
declared.
The invocation was given by Council Member Tyler Wood.
The Red Oak Girl Scout troop then led the Pledge of Allegiance.
Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on
December 16, 2019. Council Member Swaim made a motion to approve the minutes. Council
Member Wood seconded the motion. On roll call,the following Council members voted aye:
Council Member Petty, Dodson, Swaim, Wood, Sparkman and Kneeland. The following voted
nay: none.
Mayor Hurst then led the organization of the City Council discussion as required by ACA
14-43-501.
On the agenda next was to consider A RESOLUTION SUPPORTING THE
HOUSE JOINT RESOLUTION 1018 OF 2019 (HJR 1018 OF 2019), PROPOSING
AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO CONTINUE A
LEVY OF A ONE-HALF PERCENT SALES AND USE TAX FOR STATE
HIGHWAYS AND BRIDGES; COUNTY ROADS,BRIDGES,AND OTHER
SURFACE TRANSPORTATION; AND CITY STREETS,BRIDGES,AND
OTHER SURFACE TRANSPORTATION AFTER THE RETIREMENT OF THE
BONDS AUTHORIZED IN ARKANSAS CONSTITUTION,AMENDMENT 91, AS
SPECIAL REVENUE TO BE DISTRIBUTED UNDER THE ARKANSAS
HIGHWAY REVENUE DISTRIBUTION LAW. The Clerk read the Resolution in its
entirety. Mayor Hurst asked if there was any discussion. Mayor Hurst explained this is a
state wide effort supported by our Governor to fund all the necessary fixes to our roads.
This particular tax funds about $500,000 of the City of Van Buren's revenues to maintain
our city streets. Council Member Petty 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 Petty,Dodson, Swaim, Wood, Sparkman and Kneeland.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 1-1-2020
WHEREAS, the continuation of the one-half percent sales and use tax will ensure future investment in
CITY OF VAN BUREN,ARKANSAS the state highway system,county roads,and city streets;and
RESOLUTION NO. - I -2020 WHEREAS, this investment will create jobs,aid in economic development,improve quality of life,
and provide additional transportation infrastructure,including specifically,a four-lane
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS, highway construction plan designed to correct all regions of the state;and
ARESOLUTION TO BE EN TrLED: WHEREF,S, it is beneficial for all municipalities to support TDR 1018 as a necessary funding
A RESOLUTION SUPPORTING THE HOUSE JOINT RESOLUTION 1018 mechanism for our travel-infrastructure and will serve as an economic boon for the
OF 2019(HJR 1018 OF 2019),PROPOSING AN AMENDMENT TO THE State.
ARKANSAS CONSTITUTION TO CONTINUE ALEVY OF A ONE-HALF THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
PERCENT SALES AND USE TAX FOR STATE HIGHWAYS AND
NOW,THEREFORE,
BRIDGES; COUNTY ROADS, BRIDGES, AND OTHER SURFACE ARKANSAS,THAT:
TRANSPORTATION;AND CITY STREETS,BRIDGES,AND OTHER SECTION 1: The City of Van Buren City Council and Mayor hereby supports the legal
SURFACE TRANSPORTATION AFTER THE RETIREMENT OF THE proposals found in HIR 1018 of 2019,as well as its adoption by the people of the
BONDS AUTHORIZED IN ARKANSAS CONSTITUTION,AMENDMENT State of Arkansas at the next general election.
91, AS SPECIAL REVENUE TO BE DISTRIBUTED UNDER THE
ARKANSAS HIGHWAY REVENUE DISTRIBUTION LAW.
WHEREAS, Arkansas Constitution,Amendment 91,levies a one-half percent sales and use tax to IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
provide additional funding for the state's four-lane highway system,county roads,and approve,and adapt,by a vote of 10 for and O against the foregoing Resolution at its re meeting
city streets;and held on the 27i6 day of January 2020.
WHEREAS, the one-half percent sales and use tax under Arkansas Constitution,Amendment 91,is f,,
due to expire on June 30,2023 unless a new constitutional amendment is passed;and / ,\9
WHEREAS, HJR 1018 proposes that the sales and use tax levied under Arkansas Constitution, Joseph P.
Amendment 91,be continued to provide special revenue for use of maintaining, J Mayor I
repairing,and improving the state's system of highways,county roads,and city streets;
and ATTESTED: 0 '
WHEREAS, without continuation of this sales and use tax the state will be unable to meet the severe
and pressing needs to maintain and improve the state's system of state highways,county I 0-14
roads,and city streets;and -,, s dice A.Settle
Ciq-CJetc/T¢anaee twitCjirtiCkAL otAttorney
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR TO PROVIDE FINANCIAL ASSISTANCE TO THE WESTERN
ARKANSAS INTERMODAL AUTHORITY FOR REGIONAL ECONOMIC
DEVELOPMENT. 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 Petty, Dodson, Swaim, Wood,
Sparkman and Kneeland. 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 1-2-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. F- a-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THIN.MAYOR TO PROVIDE
FINANCIAL ASSISTANCE TO ME WESTERN ARKANSAS
INTERMODAL AUTHORITY FOR REGIONAL ECONOMIC
DEVELOPMENT.
WHEREAS, the City of Van Buren,Arkansas recognizes the need for regional economic development
cooperation;and
WHEREAS, the Western Arkansas Intermodal Authority (WAIA) was formed by the cities of Van
Buren and Fort Smith and the counties of Crawford and Sebastian to work toward
improving the area's effectiveness in transporting goods while enhancing the potential for
economic development in the region;and
WHEREAS, funding is necessary to continue the operations of WAIA and all members of WAIA are
asked to share equally in the operational cost of the entity;and
WHEREAS, the City of Van Buren budgeted funds in the 2020 city budget for such operations.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL,OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1. The City of Van Buren,Arkansas fully supports WAIA and wishes to continue to support
WAIA and the economic development of our region.
SECTION 2. The Mayor of the City of Van Buren,Arkansas is hereby authorized and directed to make
payment in the amount of$20,000.00 as the city's equal share for continued operations of
WAIA.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,
approve,and adopt,by a vote of (4, for and o against,the foregoing Resolution at its regular meeting
held on the 27th day of January 2020.
/Ai J_
Jose• . rst
Ma f•
ATTESTED: APPR• D e TO
rt s nm Candice A.Sett-r
Cit e\ yG,lyC1eAk City Attorney
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 Sparkman 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 Petty, Dodson, Swaim, Wood, Sparkman and Kneeland.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 1-3-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -3-2020
CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,
DBYTHE
BE IT ENACTS
A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE 113N. 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.C.A§14-54-302.
NOW, THEREFORE, BE IT RESOLVED BY ME CITY COUNCIL OF VAN BUREN, -
ARKANSA.S,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 Inventory Control#
Police Department $14,750.00 AutoClear Model 4626 X Ray Machine PD-728
140630L170
Police Department $ 3,070.00 Acer/Vipre N15Q1 Voice Stress Device PD-749
SN#NXGA1AA0035430B1757600
Police Department $ 1,972.08 Kenwood TKR 750 Repeater Tower PD-699
SN#80300291
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of 1 e for and O against the foregoing Resolution at its regular meeting held on the 27th day
of January 2020.
14-
Josey .Hsst
May
ATTESTED: APPROVED AS • F I RM:
Cal CLIA-10 D44
Phyllis-Thomas • C it‘k- Candice A.Sett1
til purer\Vt AA"`1 City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES AND PROJECT OVERSIGHT OF THE REPAIRS
AND RECONSTRUCTION OF THE FIELD OF DREAMS SPORTS COMPLEX.
The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any
discussion. Council Member Petty asked if Crawford Construction was going to be doing
any design work on this project. Mayor Hurst said there will need to be some architecture
and engineering services for the hospitality house, but Crawford Construction will not be
doing that. Council Member Petty questioned the language in the resolution stating they
would be doing the design aspect. City Attorney Candice Settle said it can be removed.
Council Member Swaim said he and Paul Dunn will be over seeing all the field
renovations. Jon Baker, a Van Buren resident, asked if there would be a levee built for
this park since, as stated before, it has been flooded three times in the last several years
which has resulted in extensive repairs. Mayor Hurst replied that this option has come up
in the past and unfortunately that is a multi-million dollar expense. He also explained that
this current repair project has some flood mitigation that has not been done in the past
which should help ease future issues. Council Member Petty seconded by Council
Member Kneeland moved that the Resolution be adopted as amended. On the Clerk's
calling the roll,the following vote resulted: Ayes—Council Member Petty, Dodson,
Swaim, Wood, Sparkman and Kneeland.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 1-4-2020
•
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - q -2020
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
ENTER INTO A CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES AND PROJECT OVERSIGHT
OF THE REPAIRS AND RECONSTRUCTION OF THE
FIELD OF DREAMS SPORTS COMPLEX.
I
WHEREAS, the City of Van Buren,Arkansas has determined that it needs Construction
Management services in connection with project oversight of the repairs and
reconstruction of the Field of Dreams Sports Complex;and
WHEREAS, the City advertised for services and the selection committee recommends
Crawford Construction Company,to be hired for afore mentioned services.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS:
SECTION 1: The Mayor is authorized to enter into a contract with Crawford Construction
Company, to provide Construction Management services and project
oversight of the repairs and reconstruction of the Field of Dreams Sports
Complex.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of la for and O against,the foregoing Resolution
at its regular meeting held on the 27th day of January 2020.
Jo ph .Hurst
or
ATTESTED: APP t O�I -S-S TO FORM:
Co d LITS
Phyllis Thomas /vim-"u'+" grC4 Candice A. ettle
City Clerk/Treasurer J'f ' Y 't Clu4-- City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01)FOR
THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN
BUREN,ARKANSAS; AMENDING THE ZONING MAP OF THE CITY OF
VANBUREN,ARKANSAS; 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 fmal reading. The motion was seconded by Council
Member Petty. 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. City
Planner, Wally Bailey, explained this piece of property was spot zoned and no longer
serves the purpose it was intended for, so this rezone will record it to its correct purpose
as well as eliminate a spot zone.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Wood and seconded by Council Member Dodson to adopt the Ordinance as
amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member
Petty, Dodson, Swaim, Wood, Sparkman and Kneeland.Nays—None. The Mayor declared the
motion carried as there were six (6) ayes and (0)nays. Four (4) votes being necessary for
passage.
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 1-2020
Legal Description:
CITY OF VAN BUREN,ARKANSAS Part of Lot 33,Boatright s Subdivision to the City
ORDINANCE 1-2020 of Van Buren,Arkansas being more particularly de-
BE IT ENACTED BY THE CITY COUNCIL FOR THE scribed as follows:
CITY OF VAN BUREN,ARKANSAS AN ORDINANCE Commencing at an existing rebar marking the
TO BE ENTITLED: Northwest Corner.of Lot 33. Thence along the
AN ORDINANCE TO AMEND.ORDINANCE NO.7- North line of said Lot 33,South 86 degrees 33 mi-
1963 (VAN BUREN MUNICIPAL CODE NO. nutes 46 seconds East,78.90 feet to a set rebar
14.04.01)FOR THE PURPOSE OF REZONING CER- with cap and the Point of Beginning.Thence con-
TAIN PROPERTY IN THE CITY OF VAN BUREN,AR- tinue along said North line,South 86 degrees 33
KANSAS;AMENDING THE ZONING MAP OF THE minutes 46 seconds East,119.10 feet to an exist-
CITY OF VAN BUREN,ARKANSAS;AND FOR OTH- in9 rebar marking the Northeast Corner of Lot 33,
ER PURPOSES. ,., said point being on the West Right"of Way line of
WHEREAS,the city of Van Buren,Arkansas,is du- South 26th Street.Thence along the East line of I
ly incorporated under the law of the State of Ar Lot 33 and along said Right of Way line,South 03
kansas,with all powers,authority and duties of a degrees 11 minutes 37 seconds West,183.00 feet
city of the first class;and - to a set rebar with cap marking'the Southeast Cor-
WHEREAS,the City of Van Buren has adopted the ner of Lot 33.Thence leaving.said West Right of
Zoning Ordinance for the City of Van Buren(Ordi- Wayline and along the South fine of Lot 33,North
nance No.7-1963);and 86 degrees 40 minutes 02 seconds West,110.70
WHEREAS,a request has been made by JtS Con- feet to a set rebar with cap.Thence leaving said
struction; to rezone certain property within the South line,North 00 degrees 34 minutes 09 sec-
city limits of the City of Van Burerr,and onds East, 183.43 feet to the Point of Beginning
WHEREAS, notice of a.public hearing was duly containing 0.48 of an acre and subject to any Ease-
published in the Press Argus-Courier on Decem- meets of Record.
ber 21,2019,and a public hearing was conducted Layman's Description
as required by law(A.CA.§14-56-422)on January 232 S.26th Street,Van Buren,Arkansas
7,2019;and WHEREAS,the proposed rezoning herein was rec-
WHEREAS, as a result of this hearing,the Plan- ommended by a majority vote of the entire Plan-
ning Commission has recommended that certain ning Commission;in accordance with A.CA§14-
property within the city limits of the City of Van 56-422.
Buren be rezoned from its previous classification NOW,THEREFORE,BE IT ORDAINED AND ENACT-
to the following: ED BY THE CITY COUNCIL OF THE CITY OF VAN
Properlsi Zoned New Zoning' BUREN,ARKANSAS,THAT:
C-2 R-3 SECTION 1:The above-described property is here-
(Thoroughfare Commercial (Multi-Family by rezoned from C-2 to R-3 and the Van Buren Zon-
District) Residential ing Map is amended to refiectthis rezoning.
District) IN WITNESS WHEREOF,the City of Van Buren,Ar-
kansas,by its City Council,did pass,approve,and
adopt,by a vote of 6 for and 0 against,the forego-
ing Ordinance at its regular meeting held on the
27th day of January,2020.
Joseph P.Hurst,Mayor
Attest Connie Hyatt,Deputy City Clerk
Approved As To Form:Candice A.Settle,City At-
torney
Published in the February 8, 2020 issue of the
Press Argus-Courier.
I �
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR
THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN
BUREN,ARKANSAS; AMENDING THE ZONING MAP OF THE CITY OF
VANBUREN,ARKANSAS; AND FOR OTHER PURPOSES. The Clerk read the
Ordinance in its entirety. Council Member Petty moved that the rules be suspended and
the Ordinance be placed on its second reading. The motion was seconded by Council
Member Swaim. The council followed with a unanimous vote. The Clerk then read the
Ordinance the second time.
Council Member Petty moved that the rules be further suspended and the
Ordinance placed on the third and fmal reading. The motion was seconded by Council
Member Swaim. 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. City
Planner, Wally Bailey, stated that the circumstances surrounding this rezone were the
same as the last ordinance.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Petty and seconded by Council Member Kneeland to adopt the Ordinance as
amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member
Petty, Dodson, Swaim, Wood, Sparkman and Kneeland. Nays—None. The Mayor declared the
motion carried as there were six (6) ayes and(0) nays. Four(4)votes being necessary for
passage.
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 2-2020
CRY OF VAN BUREN,ARKANSAS Properly Zoned New Zoning
ORDINANCE NO.2-2020 C-2 R-2
BE IT ENACTED BY THE CITY COUNCIL FOR THE (Thoroughfare Commercial (Two-Family
CITY OF VAN BUREN,ARKANSAS AN ORDINANCE District) Residential
TO BE ENTITLED: = District)
AN ORDINANCE.TO AMEND ORDINANCE NO.7- Legal Description:
1963(VAN BUREN MUNICIPAL CODE NO.10.04- The east half of Lot 5, All of Lot 6, Block 19,
el)FOR THE PURPOSE OF REZONING CERTAIN McGee Addition to the City of Van Buren,Arkan-
PROPERTY IN THE CITY OF VAN BUREN,ARKAN- sas,being a part of the Southwest Quarter of the
SAS;AMENDING THE ZONING MAP OF THE CITY Southwest Quarter,Section 19,Township 9 North,
OF VAN BUREN, ARKANSAS; AND FOR OTHER Range 31 West.
PURPOSES. Layman's Deserwtior 4'
WHEREAS,the City of Van Buren,Arkansas,is du- 1322 Cedar Street,Van Buren Arkansas4,
ly incorporated under the law of the State of Ar- WHEREAS, the proposed rezoninfi°WA,*Tecom-
kansas,with all powers,authority and duties of a mended by a majority vote of the entire Planning
city of the first class;and Commission, in accordance with ACA§14-56-
WHEREAS,the City of Van Buren has adopted the 422. - -
Zoning Ordinance for the City of Van Buren(Ordi- NOW,THEREFORE,BE IT ORDAINED AND ENACT-
nance No.7-1963)-and ED BY THE CITY COUNCIL OF THE'CITY OMAN
WHEREAS,a request has been made by Jerry Wil- BUREN,ARKANSAS,THAT:
,.
Hams,Jr.,to rezone certain property within the SECTION 1:The above-descnb. property is ere-
city limits of the City of Van Buren;and by rezoned from C-2 to R-2 and the Van Buren Zon-
WHEREAS, notice of a Public Hearing was duly ing Map is amended to reflect this rezoning.
published in the Press Argus-Courier on Decem- IN WITNESS WHEREOF,the City of Van Buren,Ar-
ber 21,2019,and a public hearing was conducted kansas,by its City Council,did pass,approve,and
as required by law(A.C.A§14-56-422)on January adopt,by a vote of 6 for an 0 against,the forego-
7,2020;and ing Ordinance,at its regular meeting held on the
WHEREAS, as a result of this hearing, the Plan- 27th day of January,2020.
ning Commission has recommended that certain Joseph P.Hurst,Mayor
property within the city limits of the City of Van , Attested:Connie Hyatt,Deputy City Clerk
Buren be rezoned from its previous classification Approved As To Form:Candice A.Settle,City At-
to the following: torney.
Published in the February 8, 2020 issue of the
Press Argus-Courier.
On the agenda next was to consider AN ORDINANCE AMENDING
ORDINANCE 23-1996 FOR THE CONTROL OF ACCESS TO STREETS AND
HIGHWAYS,ADDING RESIDENTIAL SUBDIVISIONS AND SITES TO THE
APPEALS SECTION, CLARIFYING THE APPEALS PROCESS; DECLARING
AN EMERGENCY; 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 Dodson. 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 the third and final 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 final time. The Mayor asked if there was any discussion. City
Planner, Wally Bailey, stated that after last month's council meeting it occurred to him
that the appeals process included commercial and industrial but not residential. Council
Member Petty asked after the appeal is reviewed if it has to come back to the council and
Mr. Bailey stated that it does not.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Petty and seconded by Council Member Wood to adopt the Ordinance as
amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member
Petty, Dodson, Swaim, Wood, Sparkman and Kneeland.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
Dodson,that the emergency clause be adopted. On the Clerk's calling the roll,the following vote
resulted: Ayes—Council Member Petty, Dodson, Swaim, Wood, Sparkman and Kneeland.
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 3-2020
SECTION 3: Severability:The various provisions and parts of this Ordinance are
CITY OF VAN BUREN,ARKANSAS
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
ORDINANCE NO.3 -2020 unconstitutional,inappropriate,or invalid by any court of competent
jurisdiction,such holding shall not invalidate or affect the remainder of
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, this Ordinance and to that extent the provisions hereto are declared to
ARKANSAS,AN ORDINANCE TO BE ENTITLED: be severable.
AN ORDINANCE AMENDING ORDINANCE 23-1996 FOR THE SECTION 4: Emergency Clause: The passage and approval of these amendments
CONTROL OF ACCESS TO STREETS AND HIGHWAYS,ADDING to the Van Buren Ordinance 23-1996 will allow citizens immediate
RESIDENTIAL SUBDIVISIONS AND SITES TO THE APPEALS access to an appeal process for residential subdivisions and sites.
SECTION,CLARIFYING THE APPEALS PROCESS;DECLARING Therefore,an emergency is declared to exist and this Ordinance,being
AN EMERGENCY;AND FOR OTHER PURPOSES. necessary for the preservation of the public health,safety and/or
welfare shall be in full force and take effect immediately upon after its
WHEREAS, the City adopted Ordinance 23-1996 for the purpose of establishing regulations passage.
governing control of access to streets and highways in the City of Van Buren;and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
Hearingduly published,and a Public Hearing was conducted approve,and adopt,byN vote of_for and O against,the foregoing Ordinance at its regular
WHEREAS, notice of a Public was ublish meeting held on the 27 day of January 2020.
by the Van Buren Planning Commission on January 7,2020 to consider these
proposed amendments;and
•
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission Josep urst
Ma
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
ATTESTED: APPROVED AS TO FORM:
SECTION 1: Article 6 of Ordinance No.23-1996 is amended to read as follows: /-
Any developer of a proposed residential,commercial or industrial subdivision or 1 1lll.ei sbd ��
site,of a proposed improvement to an existing residential,commercial or industrial PCihyllisClThom\ erk" Can. 1 the
subdivision or site may request a variance from the literal interpretation of this City erk/Treazure �'1^1�"'1 pCity Attorney
ordinance when such request indicates that a hardship will result from the strict
enforcement of this ordinance. Such hardship(s)that are indicated in the request
must be unique to the property in question and not shared by other properties in the
immediate area Such hardship(s)must indicate that the strict enforcement of this I
ordinance would render the property in question useless and prevent the owner or
developer from practical utilization of the property.Variance applications will be
reviewed by the Van Buren Planning Commission.The procedures for processing
a variance application shall comply with the requirements specified in Article VIII,
Section 3 of the Van Buren Zoning Code.
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
$1,608,961.16 to pay expenses and salaries for December 2019,presented by the clerk.
The Council followed with a unanimous vote.
9 ILmall
i
1 TOTAL EXPENDITURES
11'
DECEMBER 2019
z
I0•*
C i
1 ,091 , 195. 18+
i, 94 , 631 . 63+
I 307• 45+
422, 826.90+
1 , 608,961 - 16*
i
1
IdI
1
i
il
f1
s,
a
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 Merchants Association to close streets for various events
downtown during 2020. Motion was made by Council Member Swaim and seconded by
Council Member Dodson to approve the requests. The council followed with a
unanimous vote.
Connie Martin with Almost Home Shelter gave a report to the council on the
intake and transfer of animals in Van Buren.
Mayor Hurst commented and congratulated the city on a great audit.
Robert McDonald, resident of 514 Deer Trail, appeared before the council with a
complaint of a trash company operating on Access Road directly behind his property.
Ken Kilgore asked the council members to please drive around the neighborhood and
evaluate the situation. Council Member Petty asked what the property was zoned. Mayor
Hurst stated he would address the particulars after all public comments were heard. Jon
Baker expressed concern that the city would allow this to occur. Vicky Kilgore asked if
the city had an Industrial zone for these types of businesses. Council Member Swaim
asked how much property the company had to operate on. A representative of the
company stated that they had just over an acre. Mayor Hurst addressed the concerns by
saying there was no business license in place, so at that point the city's building inspector
and code enforcement officer visited the facility to get that process started. As with any
other business,there are zoning requirements. City staff met with representatives of the
business and were informed the facility would be used as an office and a mechanic shop
for their trucks. The business license was issued under those principles. Mayor Hurst
stated he was thankful Mr. McDonald brought it to our attention so that we could monitor
the situation and ensure that guidelines are being met in respect to zoning and business
requirements. City Attorney Candice Settle addressed some of Mr. McDonald's issues.
She stated he could hire a private attorney to enforce his personal property rights against
the nuisances he has described. Council Member Swaim asked the Cards representative,
Jason Fitzgerald, if the company would be a dump facility. Mr. Fitzgerald replied they do
have some dumpsters on the premises, some new and some that are in the process of
being transported to another location, but that they were there only because they are a
newly acquired company and are being moved. Council Member Sparkman asked what
type of trash trucks they were. Mr. Fitzgerald replied they were a standard residential
trash service. Council Member Wood asked about the smell associated with the truck and
whether they would or wouldn't be stored at this facility. Mr. Fitzgerald said although no
trash will remain in these trucks, they are hauling residential trash, so there could be a
smell associated with the trucks. He also stated the trucks are washed daily at the truck
wash just up the road. Council Member Wood asked what the hours of operation for the
facility would be. Virgil Smith, Operations Manager for the River Valley, stated that
drivers begin at 4:00 a.m. and ending hours range around 4:00-5:00 p.m. unless a
breakdown occurs that would make it later such as 8:00-9:00 p.m. He also said that
mechanics work second shift style hours from 5:00-11:00 p.m. Council Member Swaim
asked where the trucks empty their garbage. Mr. Smith stated they do not come to the
facility to dumb garbage unless there is a breakdown that prevents dumping before the
landfill closes. Council Member Swaim clarified that the trucks empty every single day.
Mr. Smith concurred. Mayor Hurst asked the Cards representatives if they have any
intention of installing a buffer between the two properties. Mr. Fitzgerald expressed their
intention is not to be bad neighbors, but respectfully reminded the council that they are
not the only commercial company operating behind this housing addition. Mayor Hurst
asked what their timeline is for removing the trash containers on the property. Mr.
Fitzgerald said they were to be moved last week, but due to winter weather that was
delayed. Their goal is to get them all moved this week. City Attorney Candice Settle
urged the Cards representatives to pay attention to the claims being presented tonight
because they could be considered public and personal nuisances resulting in a lawsuit.
Council Member Petty also urged Cards representatives to look into some screening to
buffer the business against the residential area. Mr. Petty also asked City Attorney Settle
and zoning officials about the zoning area that it is located in. City Attorney Candice
Settle replied that it is operating under a zone it is approved for, but then again they are
opening themselves up to issues with public and personal nuisances with the lights,
smells,and sounds of the trucks. Mayor Hurst reiterated that the company is operating
under its approved zoning area and now that they have a business license we would
address it just as we would any business. If there are complaints on the business in the
future then our Code Enforcement officers will evaluate it at that time. Mayor Hurst
ended the discussion by saying we would closely monitor the situation and continue
working on the zoning issues.
There being no further business, motion was made by Council Member Sparkman and
seconded by Council Member Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:15 p.m.
A TESTES: APPROVED:
CI CLE -TREASURER MAYOR