11 November 2020 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING NOVEMBER 23, 2020
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday,November 23,
2020 at the Van Buren Public Library. The meeting was called to order by Mayor Hurst. On roll call,
the following Council members answered as their names were called: Council Member Dodson,Petty,
Swaim and Wood. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present.
Council Member Kneeland arrived a few minutes late. This made a total of eight(8)present. A quorum
was declared.
The invocation was given by Doug Young.
Mr. Young then led the Pledge of Allegiance.
The following items were on the November 2020 consent agenda:
• MINUTES OF THE REGULAR COUNCIL MEETING ON OCTOBER 26,2020.
• RES 11-01-2020-A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00)
CHRISTMAS BONUS TO ALL FULL-TIME,NON-ELECTED CITY EMPLOYEES WHO
HAVE ONE(1)FULL YEAR OF SERVICE.
• RES 11-02-2020-A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS TO THE
POLICE DEPARTMENT TO BE REIMBURSED TO THE CITY UNDER THE CARES ACT.
• STREET CLOSING FOR VAN BUREN BASEBALL BOOSTER 5K
• FINANCIAL STATEMENT TO APPROPRIATE THE SUM OF$1,257,846.60 TO PAY
EXPENSES AND SALARIES FOR OCTOBER 2020.
• DEPARTMENT REPORTS
Council Member Swaim made a motion to approve the consent agenda. Council Member
Dodson seconded the motion. On roll call,the following Council members voted aye: Cc;mcil
Member Petty,Dodson, Swaim and Wood. The following voted nay: none.
RESOLUTION 11-01-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. !I -�! -2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN
BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00)
CHRISTMAS BONUS TO ALL FULL-TIME,NON-ELECTED CITY
EMPLOYEES WHO HAVE ONE(1)FULL YEAR OF SERVICE.
WHEREAS, the City of Van Buren,Arkansas has paid a Christmas
Bonus to its salaried employees in the past;and
WHEREAS, the City of Van Buren,Arkansas wishes to continue this
practice.
NOW,THEREFORE,BE IT RESOLVED BY 1116 CITY COUNCIL
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: All full-time,non-elected city employees who have
one(1)full year of service,shall be paid a one hundred
dollar($100.00)bonus for Christmas.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of 1.for and Q against,the foregoing Resolution
at its regular meeting held on the 23rd day of November,2020.
(e-YAL
Jo Hurst
Mayor
ATTESTED: OVED AS FORM:
�C n ce A Se 1e
Phy ' Thomas City Attorney
City Clerk/Treasurer
RESOLUTION 11-02-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.1( -02-2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE EN 11'1 LED:
A RESOLUTION AUTHORIZING THE PAYMENT OF
FUNDS TO 1'HL POLICE DEPARTMENT TO BE
REIMBURSED TO THE CITY UNDER THE CARES ACT.
WHEREAS, the City of Van Buren Police Department previously applied and was approved for
Coronavirus Emergency Supplemental Funding;and
WHEREAS, the Department of Finance,the agency in charge of distribution of funds
made available for Coronavirus Emergency Supplemental Funding by the
CARES act,requires that the funds be distributed and proof of distribution
for appropriate uses under the Act prior to reimbursement;and
WHEREAS, the Van Buren Police Department has incurred expenses that are covered
expenses subject to reimbursement in the amount of$24,055.95.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: That the City Clerk of Van Buren, Arkansas is authorized and directed to pay
officers for the Van Buren Police Department up to $24,055.95 in total for
appropriate expenses under the CARES act.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of L for and O against,the foregoing Resolution
at its regular meeting held on the 23rd day of November,2020.
Jos . urst
Mayor
ATTESTED: APP 0 FORM:
•
Ph lhs Thomas ce A.Settle
City Clerk/Treasurer City Attorney
FINANCIAL STATEMENT OCTOBER 2020
•
r '
Es
October 2020
Total Expenditures
$1,257,846.60
t t_
0•
t.
0•T
1 : 138. 916•.75+
97 • 249 •27+
30 .97+
21 : 649 .61+
1 7 • 046•60*
•
On the agenda next was to consider A RESOLUTION APPROVING AMOUNTS OF
LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR
AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING
EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN
BUREN; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety.
Mayor Hurst asked if there was any discussion. Officer Gunter stated the property at 1102 North
28th Street was condemned on September 10, 2020 and the lien amount of$9,565.60 was to
cover the cost and fees of that demolition. Mayor Hurst explained that clean-ups of this extent do
not occur very often due to how expensive it is. This one clean-up spent all the money we had
put back into that particular line item. Council Member Petty asked how this compares to our
grass cutting clean-ups. Officer Gunter replied those clean-ups run from$50-$300 so much more
feasible cost wise. Council Member Wood asked about the possibility of adding room into the
budget for this. Mayor Hurst said it's definitely something to consider. Council Member Wood
seconded by Council Member Petty moved that the Resolution be adopted. On the Clerk's
calling the roll,the following vote resulted: Ayes—Council Member Petty, Dodson, Swaim and
Wood.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 11-03-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. II -!33-2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AMOUNTS OF LIENS TO BE CERTIFIED TO
THE CRAWFORD COUNTY TAX COLLECTOR AGAINST CERTAIN REAL
PROPERTIES AS A RESULT OF GRASS CUTTING EXPENSES AND
ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN BUREN;AND
FOR OTHER PURPOSES.
WHEREAS, in accordance with Ark Code Ann.§14-54-901,the City of Van Buren has corrected
conditions existing on certain lots or other real property within the City of Van Buren and
is entitled to compensation pursuant to Ark Code Ann.§14-54-904;and
WHEREAS, State law also provides for a lien against the subject properties,with the amount of lien to
be determined by the City Council at a hearing held after notice to the owner thereof by
certified mail or publication(see Exhibit"A"attached hereto),with said amount(plus a
ten percent collection penalty)to be thereafter certified to the Crawford County Tax
Collector,sad
WHEREAS, a bearing for the purpose of determining such liens has been set for 5:30 pm on
November 23,2020 in order to allow service of the attached notice of same upon the
listed property owners,by certified mail or publication as is necessary.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1 After notice to property owners,a public hearing was held at 5:30 pm on November 23,
2020,for the purpose of determining the amount of liens,if any,to be filed against
certain real property as the result of grass cutting and abatement of other nuisances by the
City of Van Buren.
SECTION 2. After said public hearing the amounts listed on Exhibit"A"are hereby certified and are
to be forwarded to the Crawford County Tax Collector.
SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval.
IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of A_for and Q against,the foregoing Resolution at its regular meeting
held on the 23"'day of November,2020. O
Jos?FT ..
Mayo
ATTESTED: APPR• sadk
y Thomas ( Cao A Settle i
City Clerc/Treasurer Attorney
Next on the agenda was a public hearing to vacate a utility easement. There was no one in
attendance to discuss this matter,therefore the item was closed.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR VACATING AND ABANDONING A PUBLIC UTILITY
EASEMENT ALONG LOT 34,LEGACY PARK PHASE 1,AND LOT 79, OLIVER
SPRINGS HEIGHTS PHASE IV,IN THE CITY OF VAN BUREN,ARKANSAS. The
Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There
was none. Council Member Dodson 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 Kneeland,Petty,Dodson, Swaim and Wood.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.
THF,RESOLUTION WAS GIVEN THE NUMBER 11-04-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 11 -OSt 2020
BE IT ENAL Lel)BY THE CITY COUNCIL,FOR.TEE CITY OF VAN BUREN,ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING AND
ABANDONING A PUBLIC UTILITY EASEMENT ALONG LOT 34,LEGACY
PARK PHASE I,AND LOT 79,OLIVER SPRINGS HEIGHTS PHASE IV,IN
THE CITY OF VAN BUREN,ARKANSAS.
WHEREAS, Anderson Surveying,Inc.,on behalf of Jerry and Delesia Sams,has petitioned the City
Council of Van Buren,Arkansas,to vacate and abandon a public utility easement along lot 34,Legacy^Park Phase I,and lot 79,Oliver Springs Heights Phase IV in the City of
Van Buren,Arkansas,more specifically described as follows:
PROPOSED VACATED AND ABANDONED EASEMENT DESCRIPTION
See Exhibit"A"attached
;and
WHEREAS, Jetty and Delesia Sams own all the property through which the public utility easement to
be vacated and abandoned extends;and
WHEREAS, The City Council of Van Buren,acting under the authority of A.C.A.14-199-103 and
A.C.A.14-301-302,has the authority to vacate public alleyways or segments thereof
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION I• A Public Hearing is set for December 28,2020,at 5:30 PM.in the Van Buren Public
Library,at which time said Petition shall be presented to the City Council and the
Council will determine at that time if such portion of said public utility easement should be vacated and that all affected property owners and other persons directly interested
have consented to such vacating and abandoning. --
SECTION 2: The City Clerk of Van Buren,Arkansas,is hereby directed to give notice by publication
once a week for two consecutive weeks is some newspaper,published in Ciewfasl
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_L—for and{_against,the foregoing olution at its fegalar meeting
held on the 23id day of November 2020. Q1'•�e.Jrt�\ j
Josep . urst
Mayor
ATTESTED: . '' TO FORM:
Thomas ' g
P Thomas Candice A Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE
NO. 15-1972; 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. Mayor Hurst thanked Chief Hammond,
Chief Arnold and Planning Director Bailey for their work on bringing this together. This is a
public safety issue and is something we've been discussing for a while. Planning Director Bailey
added that it was a collaborative effort. Mayor Hurst said we wanted to make sure we gave the
public ample time to respond. He also noted this is something that won't go into effect
immediately as we will have to make and post signs in the areas affected.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Swaim and seconded by Council Member Petty to adopt the Ordinance. On the Clerk's calling
the roll,the following vote resulted: Ayes—Council Member Kneeland,Petty, Dodson, Swaim and
Wood.Nays—None. The Mayor declared the motion carried as there were five (5) 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 22-2020
ORDINANCE NUMBER 22-2020 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO.15.1972;
AND FOR OTHER PURPOSES.
WHEREAS, Parking on certain sheets within the City ofYan Buren prism a danger to vehicles
utilizing the roadway and impedes across of emergency personnel;and
WHEREAS, The Planning Commission held apoblic hearing regarding ruhictiog parking on
certain streets in addition to those listed in Ordinance No.15-1972 within the City
of Van Buren;and
WHEREAS, After the public hearing,the Planning Commission recommends thin paddng on -
additional sheets in the City of Van Buren be prohibited;and
WHEREAS, Ordinance No.15-1972 was previously enacted limitingpddng on certain streets
within the City;and
WHEREAS, Ark.Code Ann.Seedon 27-49-106 provides that the City Council has the
authority to regulate the paridog of vehicles on the sheets and highways within
. the City and to provide signs notifying the public of the regulation,and
WHEREAS, the City Council for the City of Vas Buren desires to limit paring on additional
sheets within the City to protect the bsalth,safety and welfare of its citimas.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECION 1•Section 1 of Ordiomoe No.15-1972 is amended to add the following:
Section 1(a):For the purposes of this Ordinance,the following definitions apply:
Cul-de-sac—the posies of a sheet(es defined by this ordinance)that is within
twenty feet of and including the circular turnaround at the end of a dead-end
sheet Street-the roadway portion of a public sheet right of way that is
designed to accommodate traffic flow.
•
SECTION 2,:Section 1 of Ordinance No.15-1972 is further amended to designate the former .
Section 1 as Section 1(b),and,pursuant to the authority granted by A.C.A.§27.49-
106,to add the following sheets that perking is prohibited on within the City of
Van Buren
Aorta Road-all blocks
All Cul-de-sacs within the city.Alma Blvd-alblocls
Arkansas Street-from Knox Street to Prospect Avenue
Arse Fills-all blocks
Breckenridge Drive-from North 16e Street to Durango Drive.Dora Road-all blocks
Durango-from Lepcy Blvd to Breckwaidge Drive.
Fir Drive-ell blocks.
Flat Rock Drive-all blocks.
Industrial Park Road-all blocks
Lepoy Blvd—aI blocks
North Hills Blvd-from Pointer Trail West to Deer Trail
North Hills Blvd-from Rena Road to Northridge Drive.
Northridge Drive—Quarry Drive to Oliver Springs Road
Pevehouse Rod-from Rena Road to Sandstone Drive
Poplar Shat—from Arkaosas Street to North 20e Sheet
Rena Rod-all blocks
Sandstone Drive-from North Mils Boulevard to Pevehouse Road
Sendstooe East-from Highway 59 to Legacy Drive.
Vista Hills-all blseb.
North 9e Street-from McKibben Street to Pointer Tail East
North lle Street-all blocks
North 16e Street-farm Pointer Trail to the city limits
North 20e Street-all blocks
North 28e Street-all blab
South 11e Sheet-ell blocks
South 28e Street-all blocks
South 40e Street-all blocks
SECTION 3:That Section 1(a)of Ordinance No.15-1972 shall be amended to sabsdmte"24e
Street from Alma Boulevard to Pointer Trail"with'North 24e Sheet-all blocks."
SECTION 4:That Section 2 of Ord'mana No.15-1972 is amended to red es follows
"Appmpriate signage shall be placed notifying the public of the restriction.After
signs pmbibidng parking are erected upon said streets,boulevards or highways,no
person shall park a vehicle in any of the above designated places Strata with City
designated parking spaces are exempt from the on-strat paddogprohibition."
r4EC17ON 5:That Section 3 of Ordinance No.15-1972 shall he emended to substitute fore .
amount of"not more than twenty-five dolls"with"not more than two hundred
and fifty dollars."
$EC17ON 6:The various provisions and pars of this Ordinance are hereby declared to be
sevasble,end,if any section or part of a section,or any provision or part of a
provision herein,is declared to be unconstitutional,inappropriate,or invalid by
any cam of competent jurisdiction,suchholdtng shall not invalidate or affect the
remainder of this Ordinance and to that rodent the provisions hereto are declared to
be saveable
IN WITNESS WHEREOF,the City of Van Buren,Ac haosas,by its City Council,did
pass,approve,and adopt by a vote of for and 0 against,the foregoing Ordinance at its
regular meeting held on the 23.day ofNovember,2020. e,( ,{�
sat
Mayor
ATTESTED: -*PPRO FO
P Thomas ' A Se
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 07-1963 (AS AMENDED) FOR THE PURPOSE OF AMENDING THE PERMITTED
AND CONDITIONAL USE LEGEND. The Clerk read the Ordinance in its entirety. Council
Member Kneeland 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 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 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. Mayor Hurst stated this ordinance, as
well as the next two, are just part of cleaning up language and creating consistency within the
planning department. Council Member Wood asked if this would change anything regarding
poultry. Planning Director Bailey replied that in order to amend anything poultry related we
would have to amend the 2018 ordinance restricting animals within the city limits.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Kneeland 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 Kneeland,Petty, Dodson,
Swaim and Wood.Nays—None. The Mayor declared the motion carried as there were five (5) 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 23-2020
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.j-2020
BE IT ENACTED BY THE CITY COUNCD.,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED)FOR
THE PUBPOSE OF AMENDING THE PERMITTED AND CONDITIONAL USE
LEGEND
WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van
Boren,provider'definitions,genial provision;provisions governing zoning
district.,exceptions mod modifications,enforcement,and a Board of Adjnstmmt,
as allowed by A.C.A.f 1I46-401 el sec sod
1 WHEREAS,it has been determined by the City Cowell that there is awed to correlate the
permitted and conditional land use legend with Ordmmee 16-1999,Ordinance 9-
2003,and Ordinance 30-2013 sod make other cmrtc0onsthereto;nod
WHEREAS,notice of.Public Deming was duly published,and a Public Hearing was
conducted by the Van Boo Planing Commission on 0ember 6,2020,to
consider these proposed.mendment5 rid
WHEREAS,the proposed changes herein was recommended by a majority vote of the entire
Planning Commission;nod
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
$ECIION 1• The Peonioed rid Conditional Um Legend a amended as set forth in attachment
"A"heeto
ECf1ON 2• The various provisions rid pert.of this Ordinance are hereby declared to be
severable,end,if my section or part of a section,or wry provision uepatt of•
provision herein,L declued to be onco.atltutionsl,inappropriate,or mv.lid by
my court of competent jurisdiction,such holding shell not invalidate or died the
remainder of this Ordinance and to that extent the p ooiaims hereto ere declared
to be severable.
IN WITNESS WHEREOF,the City of Van Breen,Arkansas,by It.City Cmmel4 did
pars..pptove,and adopt,by.vote of_5_for and 0 .gains,the foregoing OrdWoee et it,
regular meeting held on the 23.day ofNovember,2020.
Ilmat
Mayor
ATTESTED: AP VED AS TO FORM:
_ I
Phyllli 2bomo A.Settle
City Cieddlreasurer City Amory
On the agenda next was to consider AN ORDINANCE AMENDING THE MINIMUM
STREET STANDARDS AND ADDING REFERENCES TO ALL APPLICABLE
CONSTRUCTION STANDARDS.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 Swaim. 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 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Swaim and seconded by Council Member Petty to adopt the Ordinance. On the Clerk's calling
the roll,the following vote resulted: Ayes—Council Member Kneeland, Petty,Dodson, Swaim and
Wood.Nays—None. The Mayor declared the motion carried as there were five (5) 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 24-2020
ORDINANCE NUMBER 24-2020 CONTINUED
1
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. aL 2020
BE IT ENACTED BY THE CITY COIUNCIL,FOR THE CITY OF VAN
BUREN,ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE MINIMUM STREET STANDARDS
AND ADDING REFERENCES TO ALL APPLICABLE CONSTRUCTION
STANDARDS.
WHEREAS, the City adopted Ordinance No.2-2002 for the purpose of adopting the Master
Street Plan and technical data imown as the Minimum Street Standards which
established the minimum standards for all street construction in the City of Van
Buren;and
WHEREAS, the City adopted Ordinance No.1-2018 for the purpose of adopting the Van Buren
Public Works Standard Specifications;and
WHEREAS, notice of a public hearing was duly published,and a Public hearing was conducted
by the Van Buren Planning Commission on October 6,2020 to consider these
proposed amendments;and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1:Paragraph 1.1(Scope)of Section 1(Scope and Definitions)is amended to read as
follows:
No public street shall be constructed,altered,or reconstructed within a subdivision,
planned development or within a public right-of-way or easement,or within a
subdivision or planned development within the planning jurisdiction of the City of
Van Buren,without first obtaining approval of the City of Van Buren,and all such
construction shall meet the requirements of the following minimum standards and
the Public Works Standard Specifications and the Standard Drawings for Public
Works Construction.
•SECTION 2: Paragraph 3.5(Specifications)of Section 3(Design Data and Plan Submission)is amended to read as follows:
Plans shall comply with these minimum standards,the Public Works Standard
Specifications,and the Standard Drawings for Public Works Construction
Technical specifications shall include material requirements and methods of
construction Specifications shall include quality control requirements,sampling
and testing procedures and frequency as delineated in other sections of these
standards.
SECTION 3: The first sentence of Paragraph 53(Cross Section)of Section 5(Geometric Design)
is amended to read as follows:Pavement cross section shall conform to the details included in these standards in
Appendix A.
SECTION 4: Appendix C(Standard Details for Street Construction)is amended to read as
follows:
The standard details for all street construction shall follow these standards,the
March 2014 version of the Standard Drawings for Public Works Construction and
the January 2018 Public Works Standard Specifications.
SECTION 4: Severabriity: The various provisions and pats of this Ordinance are hereby declared to be severable,and,if any section or part of a section,
or any provision or part of a provision herein,is declared to be
unconstitutional,inappropriate,or invalid by any court of competent
jurisdiction,such holding shall not invalidate or affect the remainder of
this Ordinance and to that extent the provisions hereto are declared to be
severable.IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of 5 for and A against,the foregoing Ordinance at its
regular meeting held on the 23'd day of November,2020.
If4
tires
Mayor
ATTESTED: ".;•.APPR 0 FORM:
LCACTrnr2-2—) .1
Pity Thomas • Can ce A Settle
City Clerkfrreasurer City Attorney
On the agenda next was to consider AN ORDINANCE AMENDING THE
SUBDIVISION REGULATIONS AND ADDING REFERENCES TO ALL APPLICABLE
CONSTRUCTION STANDARDS. 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 Dodson. 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 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
•
Member Petty and seconded by Council Member Dodson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Council Member Kneeland,Petty,Dodson, Swaim
and Wood.Nays—None. The Mayor declared the motion carried as there were five (5) 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 25-2020
ORDINANCE NUMBER 25-2020 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. aS-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BURIN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS AND ADDING REFERENCES TO ALL
APPLICABLE CONSTRUCTION STANDARDS.
WHEREAS, the City adopted Ordinance 07-2003 for the purpose of adopting subdivision
regulations establiabing regulations governing development of land in the City of
Van Buren;and
WHEREAS, the City adopted Ordinance No.1-201 8 for the purpose of adopting the Van .
Buren Public Works Standard Specifications;and
1.WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was
conducted by the Van Buren Planning Commission on October 6,2020 to
consider these proposed amendments;and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1:Article V,Section C(Storm Drainage)of the Subdivision Regulations is amended
to read as follows:
Storm drainage improvements shall be designed and constructed in compliance
with the Minimum Drainage Standards,the Public Works Standard Specifications
and the Standard Drawings for Public Works Construction.Each subdivision
developer shall submit an erosion control plan for construction activities and obtain
stomt water permits in accordance with federal, state or local ordinances or
regulations.
SECTION 2:Article V,Section D(Curb and Gutter)of the Subdivision Regulations is amended
to read as follows:
Curbs and gutters shall be designed and constructed in compliance with the Master
Street Plan,Minimum Street Standards,the Public Works Standard Specifications,
and Standard Drawings for Public Works Construction.
SECTION 3:Article V,Section E(Street Grading and Surfacing)of the Subdivision
Regulation is amended to read as follows:
Streets shall be designed and constructed in compliance with the Master Street Plan,
Minimum Street Standards,the Public Works Standard Specifications,and the
Standard Drawings for Public Works Construction.
SECTION 4:Severability: The various provisions and parts of this Ordinance are
hereby declared to be severable,and,if any section or part of a section,
or any provision or part of a provision herein, is declared to be
unconstitutional,inappropriate,or invalid by any court of competent
jurisdiction,such holding shall not invalidate or affect the remainder of
this Ordinance and to that extent the provisions hereto are declared to be
severable.
IN WITNESS WHEREOF,the City of Van Buren,Arkenaee by its City Council,did
pass,approve,and adopt,by a vote of 5 for and d against,the foregoing Ordinance at its
regular meeting held on the 23id day of November,2020.
�- r
P.Hurst
Mayor
ATTESTED: AP raFORM
Phyllis Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE FOR EXTENSION OF A
CONTRACT GRANTING AN EXCLUSIVE FRANCHISE FOR AMBULANCE
SERVICES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The
Clerk read the Ordinance in its entirety. Council Member Kneeland 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 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 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Wood and seconded by Council Member Kneeland to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Council Member Kneeland,Petty, Dodson, Swaim
and Wood.Nays—None. The Mayor declared the motion carried as there were five (5) ayes and (0)
nays. Four(4)votes being necessary for passage.
Motion was made by Council Member Dodson 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 Kneeland, Petty,Dodson, Swaim and Wood.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 26-2020
OTT OF VAN BUREN,ARKANSAS
ORDINANCE NO. .20211
• • BE IT NA3lCE ENACTED BY THE CITY COUNCIL,FOR THE OILY OF VAN BUREN ARKANSAS,
AN ORDNANCE TO BE ENITILED:
AN ORDINANCE FOR THE EXTENSION OF A CONTRACT
GRANTING AN EXCLUSIVE FRANCffiSE FOR AMBULANCE
SERVICES;DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES.
WHEREA$ than In a need for necoenmbillty A ambulance swine in the City eV..Baran to ensue
its citizens remise Needy and competent.mhal•am semi=.col
WHEREAS, m Cade Arm Scotian 16.26E-102,t.eS..aborirucilia oftbefist 4wmanmr cob
.aelusive knob=with.n.mbul.ea company I.Frovidn emergency and non-
emergency unbulance service within the city I®itr aflh•City ofV.Bursa;and WHEREAS, the V..Buren City Caused pmimsly=WM iom.amaat wily SoutBtwt EMS for
A .uc=/wieee m be effective from=way 1,2011 until Dem;bu31,2020;end
WHEREAS, the tami ofbm cannel provided A could be amended an.ddltio.d Wren(3)years if the I
City Coned Enda that SouthwertEMS had ma the Arms..d conditions of the cantrach
and
WHEREAS, lb.mbdaae committee previaWy=pooted Icy Comma rtmmmend.Om°W..lon
of ticm exclusive hanchie.ge.mea wiry Southwest EMS of Mena,Arkansas far an
�dimJ ih.eeyeer period beginning homy 1,2021 and ending December 31,2023;
•
WNEsse S, dm City Coma Bath that Smdnvot EMS ban met all the coma and conditions of the
Ndd tnotmet end that the Minchia.Veen.aa.bald inn
NOW,THEREFORE,BE IT ORDHUNED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION L, 13a City Conned hereby emends dm embed with Smd.wem EMS for an nmhai.e
dandies for mergeeey end notoemmRncy opvmbn,mbjectto the Imm.and medi0.=
of the initial aoaRm a copy of which in seethed bmte,end which is hereby made•part
eftbh Odium;far•tits-year period beginning January 1,2021 and endingDeeembm
31,2023.
SECTION;: TM Mayor A hereby•Wo.vd.d dirnemd to menus any datum ac necessary to
offeemate the purposes rat out hoeia.
SECTIONS: S.vanbiiry. b ib•event any Al.,t section,subsection,subdivision.pmagmpb,
mbpahgmph,Bela,mom.theme,phre=awadoam ordinances m the etr.amade
m•part hereof is declared ordjud d to be invalid or maamtm.buul,Snell dealmdno or
dhtheadon AMU not affect the remaining rations of the ordinance which shall remain in
fall force and effect as if the portion m deckled a adjudged Wild or uocomtlbtlm.l
was not originally a girt attire ordinance.
DICTION 4: Emergency andEiRsoise Dem Thb ordinance being necessary b mm w e.ad
arm coam
eg•ne u
y end° 'emogeney medical on in citizens of this city,U.I.ordiraou
oeeamary b protect be public hcdth,.my sad walfisy sad theta.,dWl be in find
form End effect with the weep assure
• DIN WEINESS WHEREOF,me City of Vu Buaq Amuo.aS,by ill City Comet,did pm.
end
held en the mlopL M•sots off far and Q wind,the foregoing Ordinance et Ito mhula meting
_ay=Novmber,2020.
Ithenr
ATTESTED: PRO O FORM:
•m
City 0.do'Iremm van'
Chy Attomcy
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT FOR,AND PURCHASE OF A POLICE
VEHICLE FROM BREEDEN TRUCK CENTER OF VAN BUREN; FOR THE
APPROPRIATION OF FUNDS; 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 Swaim. 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 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. Mayor Hurst noted this is the first
vehicle in a long time to be purchased from a dealer in Van Buren. Chief Hammond stated due to
the specifications of our patrol vehicles we usually have to buy them from out of town
dealerships, but this vehicle is not intended for patrol therefore could be purchased locally.
Council Member Wood asked what the vehicle would be used for. Chief Hammond said it would
be for the Police Department Administration. Mayor Hurst said the vehicle is being purchased
from drug seizure funds. City Attorney Candice Settle asked if the vehicle was being purchased
at the state purchase price. Chief Hammond replied that it was not being purchased at the state
purchase price. City Attorney Settle said the ordinance needed to be amended to remove the
2020 state purchase price language.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Wood and seconded by Council Member Swaim to adopt the Ordinance as amended. On the
Clerk's calling the roll,the following vote resulted: Ayes—Council Member Kneeland,Petty, Dodson,
Swaim and Wood. Nays—None. The Mayor declared the motion carried as there were five (5) ayes and
(0) nays. Four(4)votes being necessary for passage.
Motion was made by Council Member Kneeland 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 Kneeland, Petty,Dodson, Swaim and Wood.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 27-2020
ORDINANCE NUMBER 27-2020 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.;1-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF A
POLICE VEHICLE FROM BREEDEN TRUCK CENTER OF VAN
BUREN;FOR THE APPROPRIATION OF FUNDS;DECLARING
AN EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren is in need of a certain police vehicle for the safety of life and
protection of property by the City of Van Buren Police Department;and
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined
that the purchase of the vehicle from Breeden Truck Center in Van Buren.price would be
the most practical,feasible,and cost effective method for the department and
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B),that
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and
NOW,THEREFORE,ORE,BE IT ORDAINED AND ENAC;113)BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Police Department of the City of Van Buren,Arkansas has an immediate need to
purchase a 2020 Jeep Grand Cherokee for the total sum of S 30,164.00.
SECTION 2: The purchase of said vehicle from Breeden Truck Center,located in Van Buren,
Arkansas,for the total sum of S30,164.00 as detailed in the attached quotes,are necessary
to protect the life and safety of Van Buren citizens.
SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
above described vehicle for the price set forth in Section 2 above.
SECTION 4: It is further found that due to the immediate need to acquire this vehicle before the quotes
expire an emergency is declared to exist and this ordinance being necessary for the
preservation of the public health,safety,and welfare,it shall take effect from and after its
passage and approval.
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
Buren to execute all documents,contacts,and agreements necessary to effectuate this
Ordinance.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable,
and,if any section or part of a section,or any provision or part of a provision herein,is
declared to be unconstitutional,inappropriate,or invalid by any court of competent
jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance
and to that extent the provisions hereto are declared to be severable.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of S for and O against,the foregoing Ordinance at its regular meeting
held on the 23'd day of November 2020.
11111,6 P.Hurst
Mayor
ATTESTED: 'PRO Lj O FORM:
�Q M y�
L�Y.r.d�LJ7d7Y�]..�J �
Ph)4Iii Thomas 1::PVttle
City Clerk/Treasurer City 'orney
Next on the agenda was Miscellaneous and General Discussion. Mayor Hurst thanked Mr. Hodo,
Mr. Harvey, Mr. Dodson, and all the businesses in our community for supporting the Christmas at the
Parks project.
Mayor Hurst and the Council Members then went into an Executive Session at 6:27 p.m. to
discuss City Attorney Candice Settle's replacement as well as a replacement for Council Member
Sparkman. City Attorney Settle offered to stay for the discussion regarding her position and then she
would step out for the remainder of the meeting. Mayor Hurst and Council Members returned to the
regular council meeting at 7:00 p.m.
There being no further business, motion was made by Council Member Swaim and seconded by
Council Member Petty to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 7:19 p.m.
AT,T S p: APPROVED: o
f46;,,r2czjt
CI Y CLERK-TREASURER MAYO