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02 February 2020 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING FEBRUARY 24, 2020 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, February 24, 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 Ms. Cynthia Hogue, Associate Pastor at New Hope Missionary Baptist Church. Ms. Hogue then led the Pledge of Allegiance. Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on January 27, 2020. Council Member Wood 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. Mayor Hurst then gave a State of the City address. Mr. John Pope spoke on behalf of Keep Van Buren Beautiful. 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 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 2-1-2020 an OF VAN BURISN,ARKANSAS RESOLUTION NOA l-o/-2020 BE IT ENACTED BY THE CITY COUNCIL FORAM CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE TOE 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 Duren has certain fixed assets on ha Maxi Asset Inventory List which are obsolete,and/or beyond roper,and arc no longer cost effective,so as to no longer he 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 Final Asset Inventory and disposed of by sealed bid,auction oras otherwise authorized unrkrA.CA¢14.54-302. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION The Mayor and City Clerk are hereby authorized to remove the following aura or moms 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 - Control Police 51,815.68 Pro Tech 6.0 Tactical Vests PD-619 Sfr 01462343 Police 51,81545 Pro Tech 6.0 Tactical Vests PD-620 SP 01464453 Poke S1,815.68 Pro Toch 6.0 Tactical Vests PD-621 SF 01462346 Police 51,815.68 Pro Tech 6.0 Tactical Vests PD-622 _ S001462342 Police $L815.68 Pm Tech 6.0 Tactical Vesu PD-623 54 01462355 Police 51,815.68 Pro Tmfi 6.0 Tactical Vests PD-625 56 01484262 Police 51,815.68 Pro Tech 6.0 Tactical Vests PD-626 Se 01484267 Police 51,815.68 Pro Tech 6.0 Tactical Vests PD-627 SI 81487447 Police 51,815.68 Pro Tech 6.0 Tactical Vests PD-628 S0 01484270 Police 51,815.68 Pro Tach 6.0 Tactical Vests PD-629 50 01484263 Police S1,815.65 Pm Tech 6.0TuticalVests PD-632 ._....._�.__..._._ �. 50 01501803 l ire 52,982.00 Hurst Mini Pump PD1-178 E002200 Street 55,869:00 FSHM-10 Hendersort ST-29 Stxeader9951 Street 52,916.00 Ea:epees 16 ila eel ST-256 DVR—EDVRI6DLIIT Street 52,632.07 Concrete Saw&Blades ST-173 50309912 Street '$1738132 2001 John Deere Leaf ST-205 Collector SR 1001.3304 Sana 518.000.00 2012 Big Tex Utility ST-293 Trails 5016VItX2422C2817568 IN WITNESS NVESS Wh EREOF,the City of Van Buren Arkansas,by its City Caaci4 did pass,approve,and adopt by a vote of for and,-.Q against the foregoing Resolution at its regular meeting hold on the 24°day ofFebrwry2020. Joseph ' 51/14-2 MoyorP.Ib J Mayer C ATTESTED: PRO rORM: amaaf Play t� C k City Clerk/imam City Attorney On the agenda next was to consider A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2019. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Mayor Hurst noted that the revenues include the .5% sales tax as well as FEMA money that we will be receiving for flood repairs. 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 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 2-2-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. .-0 A-2020 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2019. NOW,THEREFORE,BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION!: 2019 current year's revenues of$20, 172 683.96(lwertts' Million,One Hundred Seventy-two Thousand,Six Hundred Eighty-three Dollars and Ninety-six Cents) are appropriated and a copy of said Budget is attached hereto and made a part hereof;Said revenue includes the deduction of 2018 revenues which were received in January 2019,and includes the addition of 2019 accounts receivable listingsreceived in 2020. SECTION 2: 2019 current year's expenditures of$16,678,838.82(Sixteen Mil ,s onand Eighty-two Hundred Seventy-eight Thousand,EightHundred Thirty-eight Eighty-two Cents)including expenditures from prior year's balances are attached hereto and made a part hereof;Said expenditures include the deduction of 2018 expenditures,and includes the addition of 2019 accounts payable listing paid in 2020. SECTION 3: All expenditures are approved and a copy of the Revised Budget is attached hereto and made a part hereof. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of (.it for and 0 against,the foregoing Resolution at its regular meeting held on the 24th day of Februr ary 2020. Jose cfrY,,, Mayor ATTESTED: , PRO r I) TO FORM: 4/41 - - --Pi ,'-,rum► ``�: Phy Thomas C=irrirr Settle City Clerlrireasurer City Attorney On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING AN ALLEY LOCATED BETWEEN LOTS 7 THROUGH 10 AND LOTS 29 THROUGH 32 IN BLOCK 14,VISTA PLACE ADDITION; INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There was none. Council Member Wood seconded by Council Member Swaim 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 2-3-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.0 a-,0-2020 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING AN ALLEY LOCATED BETWEEN LOTS 7 THROUGH 10 AND LOTS 29 THROUGH.32 IN BLOCK 14,VISTA PLACE ADDITION; INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. WHEREAS, Jason Harrell and Scott Rice have petitioned the City Council of Van.Buren,Arkansas to vacate and abandon the public drainage and utility casement along certain lots inside the Vista Place Subdivision more particularly described as follows: Description of Alley All that part of a 20.00 foot alley lying between lots 7 through 10 and lots 29 through 32 in block 14, Vista Place Sululivision to the City of Van Buren, Arkansas;and WHEREAS, all of the property owners and adjacent property owners being affected by this easement abandonment have consented by signed petition;and WHEREAS, the City Council of Van Bruen,acting under the authority of A.C.A. 14-199-103 and A,CA.14-301-302,has the authority to vacate public easements,rights-of-way and alleys or segments thereof. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS,THAT: SECTION I: A Public Bearing is set for 23od day of March,2020,at 5:30 P.M.in the Van Buren City Council Room,at which time said Petition shall be presented to the City Council and the City Council will determine at that time if such portion of said public easement should be vacated and that all affected property owners and other persons directly interested have consented to such vacating. SECTION 2: The City Clerk of Van Buren,Arkansas,is hereby directed to give notice,by publication once a week for two consecutive weeks in some newspaper,published in Crawford County. advising the property owners and others affected,of said date and time the Council will hear said Petition. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of(.Sr for and U against,the foregoing Res* ion at its regular meeting held on the 2411'day of February 2020. Joseph PA; Mayor ATTESTED: PPROA'tik Phy is Thomas "Candice A.Settle City Clerklrreasurer City.Attonrey • 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. City Planner Wally Bailey explained the City of Van Buren was awarded a $492,000 TAP Grant for a downtown streetscape project. Kyle Salyer and Larry Yancey with Hawkins-Weir went over the details of the project. Tim Varner with MHG Architecture also spoke on the design and technical aspects of the project. Council Member Wood seconded by Council Member Dodson moved that the Resolution be adopted as amended. 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 2-4-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.O -v -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 ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas has received Federal-aid Transportation Alternatives Program grant funds for a Downtown Streetscape Project;and WHEREAS, the project requires a drainage evaluation and report for a larger area to address nece*sary storm water drainage improvements affecting the downtown;and. WHEREAS, the Agreement of Understanding between the City of Van Buren and the Arkansas Department of Transportation requires the City of Van Buren to employ the services of a registered professional engineer to prepare plans and specifications for the project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL.OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION l i The Mayor is authorized to enter into a contract(Exhibit,"A")with Hawkins-Weir Engineers,Inc.to provide engineering services for the development of plans and specifications for the Downtown Streetscape and Drainage Improvements Project shall not exceed 5134,200,00. 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. 0 against, the foregoing Resolution at its regular meeting held on the 24th day of February 2020. ?;,,, .._f-- cs Jose P. Lost M ATTESTED: %A%,r�,A s1tt •r '``,?4 11114 Phyllis, Candice A,Settle City ClerktTreasurcr City Attorney On the agenda next was to consider AN ORDINANCE REPEALING ORDINANCE NO. 5-2017 AND ESTABLISHING MONTHLY RATES FOR THE MANDATORY RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR THE CITY OF VAN BUREN,ARKANSAS; DECLARING AN EMERGENCY. 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 Wood. 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 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. Van Buren Municipal Utilities supervisor, Steve Dufresne, explained they are requesting .26 per customer per month. Council Member Petty asked when the yard waste fee had been increased last. Mr. Dufresne stated it had not been increased since 2010. Council Member Petty asked if that$2.00 fee should also be raised .25/month to offset some of the cost for the city since it's a service that has grown significantly since the last rate increase. Mayor Hurst stated that was definitely something to consider. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Petty and seconded by Council Member Swaim to adopt the Ordinance as amended by increasing the yard waste fee from $2.00 to $2.25. 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 Swaim and seconded by Council Member Petty, 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 4-2020 crry OF VAN BUREN,ARKANSAS SECTION 1:The monthly rate to be charged for 1 ORDINANCE NO.4-:20U, , each residential unit as defined in Ordinance No. SECTION 5: If any Section or part of this Ordi BE IT ENACTED BY THE CITY COUNCIL,FOR THE 10-2009 or hereinafter amended shall be Fifteen nance.shall be held to be invalid or unconstitution- CITY OF VAN BUREN,ARKANSAS,AI ORDINANCE Dollars and Thirty-Two Cents ($15.32). These al,it shall not affect the remaining Sections there- TO BE ENTITLED charges shall cover,at a minimum,once of,and the Sections and parts of AN ORDIIl REPEALING ORDINANCE NO.S• per week said Ordinance residential solid waste and residential curbside re- shall be treated severally. INT-AND ESTABUSHING--MON`TIILY RATES FOR- cycling collection,the operation of a recycle drop- SECTION 6:All Ordinances or parts of Ordinances MANDATORY RESIDENTIAL SOLID WASTE,COL- off facility, and residential yard waste curbside in conflict herein,are hereby repealed. LECTION SERVICE FOR THE CITY OF VAN BU- collection and drop-off facility(operated by the SECTION7:Emergency Clause: Due to the need REM.`ARKANSAS,DECLARING AN EMERGENCY. City of Van Buren Street Department). i to maintain and enforce a comprehensive, city- WHEREAS,the City of Van Buren,Arkansas has im- SECTION 2:The billing and collection for the resi- wide,solid waste management plemented a mandatory residential solid waste ; ordinance being necessary program,andthisof management: deintal solid waste management program shall be ry for the preservation of system and recycling program pur- performed by the.City of Van Buren Municipal Util- the Public peace,health and safety,and as such suant to Ordinance No.10-2009;and hies according to its customary billing and collec- a an emergency is hereby WHEREAS,it is the duty of the City Council of the tion procedures and in accordance with the Agree- ! declared,m this ordinance City of Vans.Buren, Arkansas"to approve rates, shall be in full force and effect from April 1,2020. meat between the residential solid waste disposal I IN MESS WHEREOF,the City of Van Buren,Ar- charges or contractual fees to be charged by rest- firm and the City of Van Buren Municipal Utilities kansas,by its City Council,did dental solid waste disposal firms;and pass,napprove,go- forego- WHEREAS,the cost of solid waste col- Commission.The City of Van Buren Municipal Util- adopt,by a vote of 6 for and 0 against,the forego- Wction within City oside residential soArkansas has !ties shall deduct the sum of One Dollar and Forty ing Ordinance at its regular meeting held on the lection there same were u en,st Arkansas established. Eight Cents(;1.48)for each customer for whom a 24th day day of February 2020. collection was made. Joseph P.Hurst,Mayor Is OrdUnance No.5:2017 passed and approved May SECTION 3:The sumo of Two Dollars and Twenty-I Attested:Phyllis Thomas,City Clerk/Treasurer- II Five Cents($2.25)for each customer for whom a Approve As To Form:Candice A Settle,City Attor wHE&IS,thin City of Van Buren Municipal Utilit - �acting as agent for the Crtyrof collection was made shall be.remitted to the City �m� of Van Buren for the operation of a residential Published in the March 4,2020 issue of the Press Van Buren, has recommended a sched- yard waste collection and drop-off program. Argus-Courier. ule of fees and charges for the operation of,the SECTION 4:The remainder of charges collected residential solid waste management program. - shall be remitted to the residential solid waste dis- NOti 'T1 FORE,'BE IT ORDAINED.BY THE pow firm in accordance with the Agreement be- CRY COBNCR:OF THE CRY OF VAN HHHEN,AR- tween the residential solid waste disposal firm KANSAS' i, ' ,, 41 I - and the City of Van Buren Municipal Utilities Com- THAT,Ordinance No.5-2017 is hereby repealed; mission. r On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 10-2015, SECTION 3,AS AMENDED TO ESTABLISH THE RATE FOR DETERMINING THE PAYMENT IN LIEU OF SIDEWALK CONSTRUCTION. 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 they are requesting the fee be changed to a flat fee rather than a fee based on square feet. Council Member Wood suggested to remove "donation" and replace it with"fee payment". The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Wood and seconded by Council Member Petty to adopt the Ordinance as amended. 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. 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 5-2020 CRY OF vAN Bui E I ARKANSAS tie forwarded tothe City Council.Should thg appli- ORDINANCE NO:S;r,221 ` cant desire to appeal the Planning bepartments BE IT ENACTED BY THE CITY COUNCIL,FOR THE determination of the fee-in lieu, he appeal would CITY OF VAN BUREN,ARKANSAS,AN ORDINANCE be made to the city of Van Buren Planning Com- TO BE ENTITLED;}„, mission for a final determination. AN.ORDINANCE^,TOAMEND ORDINANCE NO.10- Fee payments to the sidewalk construction fund 2115"SECTION`3;AS AMENDED TO ESTABLISH mai be accepted where; THE RATE FOR DETERMINING THE PAYMENT IN a)The required sidewalks are along an existing LIEU OF SIDEWALK CONSTRUCTION. street that has no existing sidewalk network;or WHEREAS,;Ordinance No.10-2015 established reg- b)The Planning Department determines the con- ulations to°requirethe construction of sidewalks struction of a sidewalk is not feasible. in new residential,"commercial,and industrial con- When a fee payment to the sidewalk fund is ac- strrrction;and cepted, the sidewalk assessment portion of the WHEREAS,Ordinance No.20-2017 amended Ordi- building permit fee required by Chapter 9.40 of mance No.10-2015"establishing a provision for a the Van Buren Municipal Code will not be re- � fee-in-lieu of const action;and quired before the initial permit on any of the indi- WHEREAS;implementing a standard rate for the vidual lots within the subdivision All subsequent fee-itileu is itecesiiry to establish consistent cri- I permits for improvements-on the individual lots terra fpr d9terrrrining the fee;and a: ` will include the'sidewalk assessment portion of WHEREAS,'notice of a Public Hearing was duly the building permit fee. pubiishe`'d andaIublic Hearing was conducted by j SECTION'2:The provisions of this ordinance are tip rrerr,Pning Commission to consider f hereby declared to be severable and if any sec- this amendmen And ^ ' tion:phrase,provision,or application shall be de- • WHEREAS t amendment herein was II dared or held invalid,such invalidity shallnot af- i recomm arunanimous vote of the entire I fect the remainder of the sections,phrases,provi- (,Plapning lei t' ._ .-` sions;or applications: • NOW,$;, BE IT ORDAINED BY.THE IN WITNESS WHEREOF the City of Van Buren,"Ar- CITY rCRY COINCIC O#,'THE CITY OF VAN WREN,AR kansas,by its City Council;did pass,approve,and KANSAS,THAT: adopt,bY a vote of 6 for and0 against the forego SECTION 1:Section 3 of Ordinance No.10-2015, ing Ordinance at its regular meeting held on the as amended,is hereby amended as follows: • 24th day of February 2020 At thediscretion of the Planning Department,ap Joseph P,Hurst,Mayor * " r plicants will submit a fee payment to the sidewalk Attested:Phyllis Thomas,City Clerk/Treasurer construction fund in lieu of sidewalk construction. App�oved as to Form Candice A.Settle,,City,At-; The payment in shall be calculated at a rate tome,— of$20.00 per linear foot.This calculated rate will Published in the February 29,2020 issue of the be reviewed annuallyRby the Van Buren Planning Press Argus-Courier: pmmissforf;and any recommended changes will. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (AS AMENDED) TO ESTABLISH PROCEDURES REGARDING PERMITS AND REGULATIONS FOR THE INSTALLATION OF ACCESSORY STRUCTURES WITHIN THE CITY OF VAN BUREN, ARKANSAS,AND DECLARING AN EMERGENCY. 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 final 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 final time. The Mayor asked if there was any discussion. Mr. Bailey stated this is to define what an accessory structure is, establish a building permit fee, and outline its requirements. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Swaim 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. Upon City Attorney's recommendation, an emergency clause was added. Motion was made by Council Member Wood and seconded by Council Member Swaim,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 6-2020 ra CITY OF VAN BOREN,ARKANSAS structure include site built or prefabricated build- "ORDINANCE NO.6-2020 ings, shipping or ti Size totalof Accessory all re ident s nese cumuld- RENACTED BY,THE CITY COUNCIL,FOR THE cargo containers, and similar i tive area of resideMral atxxssory build- 90%of the coy- TY OF VAN BUREN,ARKANSAS,AN ORDINANCE equipment a construction c ai p j � buildings es not include Portable ings I buildings r w shall pr notC'exceed ild'ing oA r �esso- 1 BE ENTITLED: I.BE ENUNCE TO AMEND ORDINANCE NO.07- Buses,mobile homes,manufactured homes,RV's, 633,(AS'AMENDED) TO' ESTABLISH PROCE- motor vehicles or trailers must comply with all ap-I trial zoning d men s'Of tll_s code,til the lot Codeoor IDEAi REGARDING AND - plicable city ordinances.The proposed conversion erage requirements of thrs_o de tli¢Fire or EIS FOR TNE`INSTAL ATION OF ACCESSORY other applicable codes s: 4 iNs F r WITHIN THE CITY OF VAN sscl , of one of these til'an accessory structure will re- 7,Compliance with Cociesi'Any electrical, me- IEquire a conditional use permit from the Planning chanical or plumbing installed in an ari- so ry S AND"DECLARING AN EMERGENCY." Commission a * .- building require the necessary permits and inspec- '41 i h '"-- �IEREAS,the City adopted Ordinance 07-1963 re- .The requirements of this section do not apply ing to the zoninglaws of thetions insure compliance with those respective e _ ,: city of Van Buren, towers permitted by the-Commercial communica- d o o widing definitions,general provision;provisions tion tower provisions of this ordinance. codes.8R . 2 $d' ,_ rerning z r exceptions,and modifi- 2.Tin_g: No accessory building or structure shall n ce shall b Coveuedts s t oallow rn•this Orth I m c t ,. of A 'unance shall st construed as to allow h a ise yb b by A CA 1 6-40�eq„aid nt' be-erected or placed on.anY property-prior the accessory 15 issuance of the building permit for the principal building or structure which s ould otherwise vio- w N t?AS, it has . ,-, terinined by the City structure, unless the accessory structure shall late the restrictive covenants of the subdivision,f till ion, 9�+E N r I that there is a: :.' to revise various sec- have been approved by the Planning Commission or other restrictions use in the chain of title,of e ` 4,1,-.§. N �,of the ordinance f-low for a procedures as a conditional use.A buildingthe principal structure.` . c .. +,_ A r, g ing the permitting ' permit is requiredm o g installation requie- for any accessory building or structure and the � 2:Conflicts: Al)Ordinances or parts of � � �!� accessory” it-:,,..and minimum building permit fee shall be based on Ordinances of the City of Van Buren in conflict o' �o i'a E a 14.4a - ce of a .' Hearing was duly I the currently approved building permit fee sched- herewith are hereby repealed. 41 o?s N ;; rl r .'c H ,,:was conducted by - SECTION 3: Severability:various provisions and = + g o d Van rr -. a I ,t. 'on to consider I ule with a minimum fee of 520.00. parts of this Ordinance are hereby declared to be ;«_ "; �:~ ,,.posed amendments, ;,1r" 3.Height An accessory building o r structure on severable,and,if any section or part of a section, a id a a ' � a the proposed ch y rein were ret- residential property shall not exceed the height of or any provision or part of a provision herein,is w�s r a ded by majority vote "ifi nbrethprincipal structure or the permitted height Niro- declared to be unconstitutional, inappropriate,jurisdiction,or n o` ' d ing Commission- its of the zoning district,whichever Is less.Acorn-• invalid by any court of competent z m om. THEREFORE.BE R ORDAI? ENACT- mercial or industrial accessory building or ---, 4152.E. E CITY COUNCIL OF 1 tune shall comply with the requirements of the such holding shall not invalidate or affect the re ` ,�� OF YAN �' THAT- zoning district mainder of this Ordinance and to that extent the :ii`� ..: cle IV of Ordinal,: p7- 4.Setbacks: The accessory building or structure provisions hereto are declared to be severable n� shall tom with therequired minimum setbacks SECTION 4:Emergency Clause:The passage and Section 9 read - PIY x of the zoning district Accessory buildings or o�eof these,amendments as amended, to the Van B • Ordnance neigh3,as amended, will protect the 'ijON,,_ a'; structures cannot be located in easements.No res- CI*acid its neighborhoods by the immediate nn- iefinition!Accessory bui' ' strucbue'shall accessory structure shall extend closer to plementation of regulations governing accessory a street right of way line than the principal strut- declared srr a building or structure that incidental and lure structures. Therefore,an emergency is ordinate to and serves a principal buIIdin to and this Ordinancey beingne appal use and is located on the same site S Separation: Accessory buildings o r structures d :. r » condi Phi shah be setback ten(10)feet from a principal p a "op bt full health, safely prilcif4-" rr Pf 01ind, use. Pal or and/or welfare shall be in full force and talistef- dings or saructures may be Permanent or• " _ ! accessory building or structure unless this code or fect immediately upon after its passage. �— a- the Fire Code reau _ ���. 1 lies a arcate eoaratron. On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO 07-1963 (AS AMENDED) TO ESTABLISH PROCEDURES REGARDING BUILDING PERMITS FOR TOWERS WITHIN THE CITY OF VAN BUREN,ARKANSAS. The Clerk read the Ordinance in its entirety. Council Member Dodson moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Kneeland. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Kneeland 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. Mr. Bailey explained the tower ordinance adopted in 1999 did not have a provision for issuing building permits or a fee schedule and according to state law that is required to enforce zoning codes. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Sparkman 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 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. 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 7-2020 CITY OF VAN BUREN,ARKANSAS equipment on a tower. The building permit fee ORDINANCE No.7.2t21 shall be$250.00. Prior to commencing develop- BE IT ENACTED BY THE,CITY COUNCIL,`°FOR THE mem of any proposed work to the tower site, CITY OF VAN BUREN,ARKAN5 AN ORDINANCE construction plans shall be submitted to the City's TO BE ENTiTtED-"�*`' . if-- ''� °� i x,�. Building Department in accordance with the City's AN ORDINANCE TO AMEND ORDINANCE NO.97- buildingproceduresrequire- U5 �N�) permits reviewew and the DURES REGARDING � � - mems of this Ordinance. ANG PERMITS'if[OR L.EXEMPTION: An antenna and tower for the fol- TOWERS!MIN'THE CITY OF VAN BUREN AR lowing uses are exempt from these requirements Tb. '' T (1)Ham radios; WHEREAS, the City adopted Ordnance No. 07- 1963 relating to the zoning laws of the city of Van (2)Citizen band radios;, Buren, (3)Non-Commercial Radio,Television'' ptoviding definitions, general provision; Receiving and Broadcasting. provisions governing zoning These are to permittedted use and comply district t i the districts, exceptions and modifications, enforce- zoning merit,and a Board of Adjustment, as allowed by accessory A.C.A.14-56-401 et seq.;and applicable regulations`of the zoning'district in WHEREAS, theCityadoptedwhich they are situated and must be located on Ordinance No. 16- the same lot as the principal building or use.A 1999-amending Ordinance No.07-1963 establish- building permit is ing regulations for commercial cominumcatio_n required afr reacsidential cctoesso- towers:and The building.permit fee for a residential access°- ',, Ty tower is$20.00.An antenna and tower that is WHEREAS;the current 0 nances of the City do not an accessory must comply with all the provi- not have a '" permit requirement jor telvels and in sions of this ordinance including permits and fees. t accordance with A.C.A.14-56-46 zoning ordinan- SECTION 2:Severability:Various provisions and ces are observed through building permits;and parts of this Ordinance are hereby declared to be WHEREAS, notice of a Public Hearing was duly severable,and,if any section or part of a section, published and a Public Hearing was conducted by or any provision orpart of a provision herein,is the Van Buren Planning Commission to consider declared to be unconstitutional,in these proposed amendments;and njurisdiction,or WHEREAS,the proposed changes herein wererec- ? sch invalid by any a shallcnoturt invalidateof competent ect the e- ommendedbya majority vote of the entire such holding andor affect the re- mainder of this Ordinance and to that extent the Planning Commission. •F provisions hereto are declared to be severable. NOW,THEREFORE,BE R ORDAINED AND ENACT- IN WITNESS WHEREOF,the City of Van Buren,Ar- ED BY THE CITY COUNCIL OF THE CITY OF VAN kansas,by its City Council,did BUREN,ARKANSAS,THAT: pass,approve,and SECTION 1 Paragraphs K and L of the C,ommer- adopt,by a vote of 6 for and 0 against,the forego- dal Communication Tower provision's of Ordi-, ing Ordinance at its regular meeting held on the mance No.07-1963, are amended to read as fol- I 24th of February 2020. lows Joseph P.Hurst,Mayor K APPLICATION (SUBMITTAL) REQUIREMENTS:I Attested:Phyllis Thomas,City Clerk/Treasurer t A building permit is required for any view tower I Approved As To Form:Candice A.Settle,City At- construction, tower addition, tower alteration, torney andthe addition or relocation of any antenna Published in the February 29,2020 issue of the Press Argus-Courier. Next on the agenda was the Financial Statement. Motion was made by Council Member Swaim and seconded by Council Member Kneeland to appropriate the sum of $1,508,795.20 to pay expenses and salaries for January 2020, presented by the clerk. The Council followed with a unanimous vote. JANUARY, 2020 TOTAL EXPENDITURES: $1,508,795.20 o.* 1 , 260 , 129 .82+ 132. 585.93+ 142.03+ 704. 00+ 115, 233. 42+ 1 , 502 , 795. 20* ti i [[g. Next on the agenda was Boards and Commissions. The Van Buren Housing Authority Board recommended the appointment of Matthew Hicks to fill a vacant position as well as renew that expiring position to another five year term. Council Member Wood, seconded by Council Member Swaim 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. The council had a request from The Crawford County Sheriff's Department to close streets for the Pioneer Day Parade on Saturday, May 23, 2020. Motion was made by Council Member Swaim and seconded by Council Member Kneeland to approve the requests. The council followed with a unanimous vote. Connie Martin distributed a letter to the council at the beginning of the meeting and Vicky Kilgore asked that it be discussed at the next meeting. Council Member Wood corroborated the statements made in the letter by Mrs. Martin. Council Member Swaim noted he did visit Mr. McDonald's residence and he did not like the situation at all. Council Member Kneeland stated while out at an early hour getting medicine he drove by and the lights were very bright and bothersome. There being no further business, motion was made by Council Member Sparkman and seconded by Council Member Kneeland to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:40 p.m. AT a,.T� /� APPROVED: CIT LERK-TREASURER MAYO ' t s