FEBRUARY 2022 REGULAR MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING FEBRUARY 28,2022
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, February 28,2022 at the
Van Buren Municipal Complex. The meeting was called to order by Mayor Hurst. On roll call, the following
Council members answered as their names were called: Council Member Bell, Dotson,Kneeland, Osburn,
Petty, Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total of
eigjit(8)present. A quorum was declared.
The invocation was given by Jacob Howell.
City Attorney Jacob Howell then led the Pledge of Allegiance.
City Attorney Jacob Howell brought to the Council's attention there was an error in the minutes of the
December 27, 2021 council meeting. Mayor Hurst did report to the Council regarding the city's legislative
audit for the year 2020, but it was not included in the minutes. In recapping the report, City Attorney Howell
stated the City of Van Buren did have a good audit with no reportable findings.
Council Member Bell made a motion to approve the consent agenda. Council Member Osburn seconded
the;motion. Council members voted aye: six The following voted nay: none.
Next, the following items were on the January 2022 consent agenda:
• MINUTES OF THE REGULAR COUNCIL MEETING ON JANUARY 24,2022.
• STREET CLOSURES:KING SCHOOL 5K RUN
• ARTS ON MAIN-GRAND OPENING
• RESOLUTION NO.02-01-2022-ENTERING INTO AGREEMENT ALMOST HOME ANIMAL
SHELTER
• ORDINANCE 04-2022-AMENDING SUPERVISION OF FARMER'S MARKET
• ORDINANCE 05-2022-AMENDING PLUMBING CODES
• ORDINANCE 06-2022-CODE ENFORCEMENT AUTHORITY
• ORDINANCE 07-2022-AMENDING CIVIL SERVICE POLICY AND PROCEDURES
• FINANCIAL STATEMENTS
• DEPARTMENT REPORTS: POLICE-FIRE-BUILDING DEPARTMENT-PUBLIC
WORKS/PLANNING-AMBULANCE.
Council Member Wood made a motion to approve the consent agenda. Council Member Dodson
seconded the motion. Council members voted aye: six The following voted nay: none.
4
RESOLUTION 02-01-2022
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -o!-2022
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 AN AGREEMENT WITH THE ALMOST HOME
ANIMAL SHELTER AND RESCUE IN THE CITY OF VAN
BUREN,ARKANSAS.
WHEREAS, the Almost Home Animal Shelter and Rescue has been serving the area since
2017;and
WHEREAS, the Almost Home Animal Shelter and Rescue mission is all about adopting,
volunteering and fostering the dogs,especially those with the greatest needs;and
WHEREAS, the proposed agreement will continue the successful partnership between the City
and the Almost Home Animal Shelter and Rescue,that has benefitted the interests
of city residents.
NOW,rfL+REFORE,BE IT RESOLVED BY i'HE CITY COUNCIL OF 1111.,CITY
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor is hereby authorized to enter into an agreement(Exhibit"A")with the
Almost Home Animal Shelter and Rescue to benefit the interests of city residents
and has budgeted a total of$20,000.00 to be paid by March 31,2022.
IN WITNESS WHEREOF, the City of Van Buren,Arkansas, by its City Council, did pass,
approve,and adopt,by a vote of for and O against,the foregoing Resolution at its regular meeting
held on the 28th day of February 2022.
. urst
Mayor
ATTESTED: APPROVED AS TO FORM:
_
PhyI' .omas J. ob
City Clerk/Treasurer Ci; • i omey
1
ORDINANCE NO. 04-2022
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.D -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,AN
ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO.03-2019 TO CHANGE
SUPERVISION OF THE VAN BUREN FARMERS MARKET;
DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES.
WHEREAS, the Van Buren Main Street Market, sponsored by Van Buren Original supervisory
committee for Van Buren Farmers Market pursuant to the authority of Ordinance No.03-
2019,has decided to discontinue operating in the City of Van Buren;and
WHEREAS, the Main Street Farmers and Makers Market,sponsored by Joy Holman,desires to take on
responsibility for the farmers market in the City of Van Buren;and
WHEREAS, it is necessary to amend Ordinance No.03-2019 in order to allow the Main Street Farmers
and Makers Market to supervise and conduct the farmers market in the City of Van Buren;
and
WHEREAS, the amendment of Ordinance No.03-2019 will benefit area farmers and the producers of
food goods and produce,local businesses that use food products, and consumers of all
income levels who will gain access to healthier,fresher,less transported foods,in addition
to supporting regional agriculture;and
WHEREAS, the City of Van Buren finds that without immediate passage,a farmers market in Van Buren
will no longer exist,which will fail to satisfy the purposes set forth herein,and therefore,
for the protection of the health,welfare and safety of the inhabitants of the City,and as
herein set out,an emergency exists and is hereby declared to exist,and this ordinance shall
be and become effective immediately upon this passage and adoption by the City Council.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF VAN
BUREN,ARKANSAS:
SECTION 1: The City of Van Buren hereby amends Section 1 of Ordinance No.03-2019 to provide that
the Van Buren Farmers Market shall be organ;7 d and managed by the Main Street Farmers
and Makers Market.The Van Buren Main Street Market,sponsored by Van Buren Original
shall no longer be responsible for, or provide management of the Van Buren Farmers
Market,and Ordinance No.03-2019 is amended to reflect the change in supervision.
SECTION 2: Emergency Clause.The City Council has determined that an emergency exists and that the
immediate adoption and enforcement of this ordinance being necessary for the public
peace,health,safety and welfare,the provisions hereof shall be in full force and effect from
and after its passage.
SECTION 3: The various provisions and parts of this Ordinance are hereby declared to the 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 the Ordinance and
to that extent the provisions hereto are declared to be severable.
SECTION 4: All ordinances,resolutions or other acts of the City in conflict with the terms hereof are
repealed or amended to the extent of any such conflict. The remaining provisions of
Ordinance No.03-2019 not specifically modified or amended herein remain in full force
and effect.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by the its City Council,did pass
approve,and adopt,by a vote of b to Q against,the foregoing Ordinance at its meeting
held on the 28th day of February 2022.
osep .EFu�t
ATTESTED: AP' ' • ' i TO
* ) J
Phyllis Thomas acob H.
City Clerk/Treasurer • •ttorney
ORDINANCE NO. 05-2022
I
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. OS -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ADOPT THE MOST CURRENT ARKANSAS
PLUMBING CODE AND FUEL GAS CODE;TO AMEND VAN BUREN'S
PLUMBING CODE ORDINANCE, ORDINANCE NO. 08-1959, AS
AMENDED;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has adopted the Arkansas State Plumbing Code and Fuel Gas
Code pursuant to Ordinance No.08-1959,as amended,which constitutes the
official policy of the city regarding the installation and maintenance of all plumbing
and fuel gas installations within its corporate city limits;and
WHEREAS, the purpose of this adopted code is to establish uniform rules and regulations for
installing,altering,and repairing water,sewer,and gas lines within the corporate
limits of Van Buren.This ordinance is not intended,nor shall it be construed,to
create a duty on the part of the city or its officials,employees or agents,to protect
the health,safety or economic interests of any person or entity,and no person or
entity shall have the right to rely on this code,or any action taken or not taken
hereunder,as a basis to assert any claim for any loss,damage or expense against
the city,its officials,employees or agents. •
WHEREAS, the Arkansas Department of Health has revised and replaced the 2006 Arkansas
Plumbing Code and 2006 Arkansas Fuel Gas Code with the 2018 Arkansas
Plumbing Code and 2018 Fuel Gas Code;and
WHEREAS, the revised Plumbing Code and Fuel Gas Code was reviewed by the Van Buren
Planning Commission at their February 1,2022 meeting,and upon notice of a
public hearing and publication,was set for a public hearing conducted by the
Planning Commission,in accordance with State law;and
WHEREAS, the proposed amendments to the Van Buren Municipal Code 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 I: The 2018 edition of the Arkansas Plumbing Code,as published by the International
Code Council for the Arkansas Department of Health,to include all appendices
thereto,and the 2018 Arkansas Fuel Gas Code,are and have been prior to adoption
on file in the office of the City Clerk,the availability of such codes,for inspection
by the public,has been duly published.
i
SECTION2' Subject to the provisions of A.C.A. 14-55-207 and A.CA. 14-54-1012,the
following are hereby adopted by reference for the City of Van Buren as though set '?
out herein word for word:
(a)Arkansas State Plumbing Code,2018 edition;
(b)Arkansas State Fuel Gas Code,2018 edition;
(c)All rules and regulations of the Arkansas Department of Health governing the
construction,installation,and inspection of plumbing and drainage;
(d)Any administrative regulations of the State committee of plumbing examiners;
(e)All the above,as amended to the date of this Code,together with all
subsequent amendments,unless the City shall,by ordinance,modify or delete
any such figure amendment.
SECTION 5: 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
reminder of this ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 6: Permits obtained prior to the effective date of this ordinance will be enforced under
the previously adopted code until final disposition of the permit.
SECTION 7: All laws,ordinances,resolutions,or parts of same that are inconsistent with the
provisions of this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 8' The effective date of this ordinance is April 1,2022.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of(a for and 0 against,the foregoing Ordinance at its
meeting held on the 28°i day ofFebnary 2022.
o4g
a
oseph P.' urst
ATTESTED: APPROVED AS TO FORM:
Ps Thomas T I
Clerk/Treasurer • City Attorney
•
CITY OF VAN.BUREN,ARKANSAS
ORDINANCE NO.ob -2022
ORDINANCE 06-2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE PROVIDING AUTHORITY TO CODE
ENFORCEMENT OFFICERS AND INSPECTORS
WHEREAS, A.C.A. Section 12-9-108(b)(3) permits cities to authorize inspectors and code
enforcement officers,who have the duty of enforcing municipal codes,ordinances,
or regulations,to issue citations for violations of the same,the City Council of Van
Buren hereby adds such authority to the City Code:
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY 1HL. CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: Any employee of the City of Van Buren designated as a code enforcement officer
or inspector within the planning and zoning division, building safety division,
neighborhood service division and animal control division, who has the duty of
enforcing municipal codes, ordinances or regulations related to their division is
authorized to issue to an offender either a citation to appear in district court or a
warning notice of offense for the violation of any ordinance or city code provision
for which the employee has enforcement responsibility.
SECTION 2: Citations for violations should be issued only when the violator is physically
present at the time and place of violation. The violator shall be requested to sign
the citation, but refusal to sign shall not relieve the violator of the obligation to
appear in court as specified on the citation,and the issuing code enforcement officer
inspector shall note upon the citation any refusal by the violator to sign.
SECTION 3: A warning notice of offense should be used in instances where the violator is not
physically present to receive a citation. A warning notice of offense shall be served
either by mailing a copy thereof to the violator by any form of mail or by posting a
copy thereof upon the property of the violator which forms a basis for the violation.
If the violation is not corrected within the time frame specified by the code
enforcement office or inspector,as instructed on such warning notice of violation,
the code enforcement office or inspector shall swear out a complaint with the
prosecuting attorney for the purpose of obtaining a criminal citation.
SECTION 4: Both the citation form and the warning notice of offense shall state the name and
address of the violator and the date of violation,shall contain the statement of the
nature of the violation, and shall be signed by the code enforcement officer or
inspector having knowledge of such violation.
SECTION 5: Nothing in this ordinance shall prohibit the exercise of authority by police
personnel,the use of discretionary warning tickets,or the use of a separate form of
parking ticket or uniform ticket by police personnel.
SECTION 6: It is determined an emergency exits and this ordinance is necessary to preserve
public safety. Therefore,an emergency is declared,and this ordinance shall be in
full force and effect from passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council did
pass,approve,and adopt,by vote of Ei for and against,the foregoing Ordinance at its regular
meeting held on the 28th day of February 2022.
friC(47---
ose h ur t
P
A1"1'LSTED: APPROVED AS TO FORM:
PhyltiS Thomas Jac owell
City Clerk/Treasurer City Attorney
ORDINANCE 07-2022I.
1
CITY OF VAN BUREN,ARKANSAS if
ORDINANCE NO.01 -2022
BE IT ENA(,I cal BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED: E
AN ORDINANCE AMENDING THE VAN BUREN CIVIL
SERVICE RULES AND REGULATIONS AND DECLARING
AN EMERGENCY.
WHEREAS, the Van Buren Civil Service Commission bas identified the need to amend the
Provisions portion of the Van Buren Civil Service Rules and Regulations;and
WHEREAS, the proposed amendments herein, promote and protect the fairness and
independence of the promotion process in the police department;and
WHEREAS, the Van Buren Civil Service Commission has voted to approve the following
amendments to the Van Buren Civil Service Rules and Regulations.
Nbw,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE I..
CITY O}VAN BUREN,ARKANSAS,THAT:
E
SECTICIN 1:The Provisions Policy portion of the Van Buren Civil Service Rules and
Regulations are hereby amended as follows
SECTI(112:In Article Ell:Coverage,Section 1 shall read:
These Civil Service Regulations shall apply to and be effective and in force as to
all uniformed employees and/or certified personnel of the Police Department
working full time in the existing or fixture positions of:Deputy Chief Captain,
Lieutenant,Sergeant,Corporal,Patrol Officer,and Detective.
SECTION 3:In Article IV:Probationary Appointment Policy,Section 13 shall read:
ID the interest of public safety, an"emergency hiring process" may be
declared by the Chief of Police when a normal examination process cannot be
completed in time to fill vacancies in a timely manner.If an emergency hiring :..
process is declared by the Chief of Police,the chief shall promptly provide
written notice of such declaration to the Chairperson of the Civil Service SECTION 4:In Article V:Qualifying Criteria for Promotion in the Police Department shall
Commission. .
read
Upon request of any Civil Service Commissioner,a special meeting of the
Civil Service Commission shall be called and the Civil Service Commission Section 2:No employee shall be eligible for rocaminarion for advancement to the
shall either approve such emergency hiring process declaration or shall direct rank of Sergeant until that employee shall have served at least four (4)
that such emergency hiring process shall not occur,but in the absence of any consecutive years as patrol officer, has obtained the Basic and General
such request by a Civil Service Commissioner made within five(5)business Certificates or higher,has completed six(6)college hours of Freshman English
with a grade of"C"or better,and received a passing evaluation.
'days after written notice of such emergency hiring process declaration to the
Office of the Chief of Police, such emergency hiring process shall be Section 3:No employee shall be eligible for examination for advancement to the
conclusively deemed to be approved by the Civil Service Commission. rank of Lieutenant until that employee shall have served at least two (2)
consecutive years as Sergeant,has obtained the Intermediate Certificate or higher
An emergency hiring process shall include the same processes required during and received a passing evaluation. -
a normal examination process.Only applications from individuals who are
full-time,state certified officers from any state shall be accepted during an Section 5:No employee shall be eligible for examination to the rank of Deputy
emergency hiring process.The emergency hiring process shall be utilized only Chief until that employee shall have served at least two(2)consecutive years as
for gathering applicants for entry-level,patrol positions within the Department Captain,has obtained a Senior Certificate,received a passing evaluation,and
successfully completed a police supervision and/or management course of
The emergency hiring process may begin whether there is or will be a normal instruction of four(4)weeks or more in duration.
examination process overlapping with the emergency hiring process or not I.
SECTION 5: In Article VII:Promotional Policy shall read:
Regardless of the type of eligibility list,when two biting lists exist,the Chief of
t.
Police shall use higher discreti m when determining which list to hire from. Section 2:For the Police Department,a score of not less than sixty(60)points of
Regardless of which hiring list is used,the process as defined in Section 7 shall still a possible one hundred(100)points on the Civil Service written examination must
apply. be achieved in order for an applicant to pass the Civil Service written examination
Alland to be considered for promotion.To pass the Police Department Performance
efforts will be made to avoid the need for an eme
rgency in hiring process,to Evaluation, the applicant cannot have one or more of "Does Not Meet
maintain the integrity of the normal examination process, but the Civil
Service Commission recognizes that hiringand trainingstandards set forth Expectationseror Standards"scored on his or her Performance Evaluation to be
by eligible for promotion.A score of at least sixty(60)points of a possible one
the Commission on Law Enforcement Standards and Training (CLEST)
combined with a lengthy hiring process can create very long periods of time hundred(100)points must be achieved for an applicant to pass the Civil Service I
oral review board A cumulative score from an applicant's written test score and
during which hiring cannot occur,thereby creating critical staffing levels. oral review board score will determine placement on a promotion list as defined
in Section 7 below.
SECTION 6: In Article XI:Miscellaneous Provisions,Section 5 shall read:
Amendments to these rules and regulations shall be adopted only after passage by
a majority of the Commission.Notification shall be made by publication in a
newspaper of general circulation in the county at least ten(10)days prior to the
hearing dates set for the adoption thereof,and in addition,written notice shall be
posted in a conspicuous place in the Police Department and the Fire Stations.(See
Exhibit A). -
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of lD for and O against,the foregoing Ordinance z.
at its regular meeting held on the 20 day of February 2022. i.
E
IoH
cr3t
Ma
ATTESTED: APPROVED AS TO FORM:
n t
Ph Thomas Lwell
City Clerk/Treasurer City Attorney
,gym
FINANCIAL STATEMENT FEBRUARY 2022
January, 2022
Total Expenditures:
$1,504,259.29
�.I
I
is
F
RESOLUTION 02-02-2022
On the agenda next was to consider A RESOLUTION ADOPTING A REVISED BUDGET FOR
TOE YEAR ENDING DECEMBER 31,2021. The Clerk read the Ordinance in its entirety.
Council Member Petty clarified for the audience, explaining the reason that we amend a budget that is in
the past is because it affects the beginning balance of our current year budget.
Mayor Hurst asked if there was any discussion. There was none. Council Member Wood seconded by
Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll,the following
vote resulted: Ayes—Council Member Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 02-02-2022
e
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.ba -02.-2022
BE TT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED: „
A RESOLUTION ADOPTING A REVISED BUDGET FOR
11ii;YEAR ENDING DECEMBER 31,2021.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: 2021 current year's revenues of $27,120,211.84 (Twenty-Seven Million, One
Hundred Twenty Thousand,Two Hundred Eleven Dollars and Eighty-Four Cents)
are appropriated and a copy of said Budget is attached hereto and made a part
hereof;Said revenue includes the deduction of 2020 revenues which were received
in January 2021, and includes the addition of 2021 accounts receivable listings
received in 2022.
SECTION 2: 2021 current year's expenditures of$22,147,642.17 (Twenty-two Million, One
Hundred Forty-Seven Thousand, Six Hundred Forty-Two Dollars and Seventeen
Cents)including expenditures from prior year's balances are attached hereto and
made a part hereof;said expenditures include the deduction of 2020 expenditures,
and includes the addition of 2021 accounts payable listing paid in 2022.
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 Zo for and O against,the foregoing Resolution at its
regular meeting held on the 28d'day of February 2022. F.
.sephP. :111..► ,
F
ATTESTED: APPROVED AS TO FORM:
nr
'7 1
Ph Is Thomas
City Clerk/Treasurer City Attorney
O."
RESOLUTION 02-03-2022
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
CLERK/TREASURER TO PAY THE CITY'S ANNUAL CONTRIBUTION TO THE CRAWFORD
COUNTY JOINT 911 EMERGENCY COMMUNICATIONS CENTER. The Clerk read the Ordinance in
its entirety.
The Crawford County Joint 911 Service Emergency Communications Center was formed to consolidate
911 emergency and dispatch service for all police and fire departments within Crawford County, Arkansas.
Mayor Hurst stated that this consolidation has been discussed for quite a while now. We are authorized
to pay the city's annual contribution amount based on our population.
Mayor Hurst asked if there was any discussion. There was none. Council Member Bell 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 Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 02-03-2022
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.O A-03 2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
TO PAY THE CITY'S ANNUAL
CONTRIBUTION TO THE CRAWFORD COUNTY JOINT 911
EMERGENCY COMMUNICATIONS CENTER
WHEREAS, pursuant to Arkansas Act 660, the Crawford County Joint 911 Emergency
Communications Center was formed to consolidate 911 emergency and dispatch services
for all police and fire departments within Crawford County,Arkansas;and
WHEREAS, partial funding for the Crawford County Joint 911 Emergency Communications Center is
provided annually by each city in Crawford County based on population,as detailed in
(Exhibit A);and
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1. The Mayor and City Clerk/Treasurer of the City of Van Buren, Arkansas are hereby
authorized to pay the city's annual contribution to the Crawford County Joint 911
Emergency Communications Center in the amount of$88,460.58.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,
approve,and adopt,by a vote of js for and O against,the foregoing Resolution at its regular meeting
held on the 28th day of February 2022.
Jos P. urst
Ma
ATTESTED: I'PRO A• . 0 FORM:
P lhs Thomas r '" K' , e+s ell
City Clerk/Treasurer City Attorney
ORDINANCE 08-2022
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE OF A STREET DEPARTMENT VEHICLE FROM
BRUCKNER'S TRUCK AND EQUIPMENT; FOR THE APPROPRIATION OF FUNDS, DECLARING
AN EMERGENCY; 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 Dodson. 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 was 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.
Mayor Hurst stated that we have had the need for a new dump truck for awhile now. We have been
trying to repair our old one as much as possible and it has come to the point now where it needs to be replaced.
John Karstens, Street Superintendent, found a new dump truck from Bruckner's and stated that we were able to
have the frame shortened and the type of bed we wanted installed. Allowing us to purchase this dump truck
will alleviate going through the order process which is now taking any where from one year to a year and a half.
Council Member Petty asked if there is a significant price difference in this one than getting a new one.
John Karstens stated that this is less expensive since it has been on their lot for one year. It is a 2019 model
with 1900 miles and still has the factory warranty with it. Bruckner's is only asking $75.00 over cost to us.
The Mayor asked if there was any discussion. There was none.
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
Dodson, Kneeland, Osburn, Petty, Wood, and Bell. NAYS—None.
The Mayor declared the motion carried as there were six (6) AYES and zero 0 NAYS.
Motion was made by Council Member Wood 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 Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 08-2022
I
ORDINANCE NO. 08-2022
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2022
BE IT ENAL1'tD BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF A STREET DEPARTMENT
VEHICLE FROM BRUCKNER'S TRUCK AND EQUIPMENT;
FOR THE APPROPRIATION OF FUNDS, DECLARING AN
EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has determined that the current 2007 GMC 6500 truck in service
has fallen into disrepair,and must be replaced,and is not cost effective to perform the
duties required for maintaining the streets for the City of Van Buren;and
WHEREAS, after extensive research and inquiry,the City of Van Buren Street Department Manager
has determined that the purchase of a new vehicle from Bruckner's Truck and Equipment
of Fort Smith would be the most practical,feasible,and cost-effective method for the
department,and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren has an immediate need to purchase a 2020 Hino Dump Truck,
Bruckner's Truck and Equipment,for the total sum of$121,706.00,as detailed in the
attached quote(Attachment"A").
SECTION 2: 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 and City
Clerk/Treasurer to purchase the above-described vehicle for the price set forth in Exhibit
"A".
SECTION 3: It is further found that due to the immediate need to acquire said new vehicle 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 4: The Mayor and City Clerk/Treasurer are hereby authorized by the City Council for the
City of Van Buren to execute all documents,contracts,and agreements necessary to
effectuate this Ordinance.
IN WITNESS WHEREOF,the City of Van Buren,Arkancaq,by its City Council,did pass,
approve,and adopt,by a vote of (D for and 4�against,the foregoing Ordinance at its regular meeting
held on the 28th day of February 2022.
e t
,.se.hP
Mayor
ATTESTED: APP'.' D AS '' FO
4101111);111111111°9"
Ph Thomas J.cob H.
City Clerk/Treasurer . orney
s
ORDINANCE 09-2022
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE OF A STREET DEPARTMENT EQUIPMENT FROM GRAND
TRUCK EQUIPMENT CO.,LLC; FOR THE APPROPRIATION OF FUNDS,DECLARING AN
EMERGENCY; 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 Kneeland.
The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Bell moved that the rules be further suspended, and the Ordinance was placed on the
third and final reading. The motion was seconded by Council Member Osburn. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst explained the city is purchasing equipment here to deal with winter weather. We are trying
to take advantage and get this equipment as soon as we can. Council Member Petty asked to have clarification
on pricing. John Karstens, Street Superintendent, stated that the added freight charge made a difference in the
pricing.
The Mayor asked if there was any discussion. There was none.
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
Dodson, Kneeland, Osburn, Petty, Wood, and Bell. NAYS —None.
The Mayor declared the motion carried as there were six(6) AYES and zero (0)NAYS.
Motion was made by Council Member Bell and seconded by Council Member Osburn that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: AYES —Council
Member Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 09-2022
t:<
ORDINANCE NO. 09-2022
I
I
I
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CTTY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF STREET DEPARTMENT
EQUIPMENT FROM GRAND TRUCK EQUIPMENT CO.,LLC;
FOR THE APPROPRIATION OF FUNDS, DECLARING AN
EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has determined that the Street Department's sand/salt street
spreader has fallen into disrepair and must be replaced;and
WHEREAS, after extensive research, the City of Van Buren Street Department Manager has
determined that the most practical, feasible, and cost-effective replacement is sold by
Grand Truck Equipment Co.,LLC,;and
NOW,THEREFORE,BE TT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren has an immediate need to purchase new equipment from Grand
Truck Equipment Co.,LLC.,for the total sum of$23,407.60,as detailed in the attached
quote(Exhibit"A").
SECTION 2: The Van Buren City Council in accordance with A.C.A.§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor and City
Clerk/Treasurer to purchase the above-described equipment for the price set forth in
Exhibit"A".
SECTION 3: It is further found that due to the immediate need to acquire said equipment 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 4: The Mayor and City Clerk/Treasurer are hereby authorized by the City Council for the
City of Van Buren to execute all documents,contracts,and agreements necessary to
effectuate this Ordinance.
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(S against,the foregoing Ordinance at its regular meeting
held on the 28ie day of February 2022. <'
osep P. urst
Mayor
ATTESTED: APPROVED AS TO FORM:
�Y r
Ph ]is Thomas o Howell
City Clerk/Treasurer City Attorney
1
ORDINANCE 10-2022
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE CONCRETE PURCHASES FOR AN IN-HOUSE STREET REPAIR PROJECTS,
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
Petty. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Bell moved that the rules be further suspended, and the Ordinance placed on the third
and final reading. The motion was seconded by Council Member Kneeland. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst explained we want to continue to move forward with our street projects. We will be
spending up to $300,000.00 altogether. We will be looking to see what the price is at the time that we need to
purchase. John Karstens, Street Superintendent, said that concrete is $12.00 per yard for what we use. Council
Member Petty asked John if this price was being held for us. John stated that for now they are, but there is
always a chance they may raise their prices. Council Member Petty asked if this $300,000.00 was for the entire
year. John stated yes that is correct.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Bell 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, Kneeland, Osburn, Petty, Wood, and Bell. NAYS—None.
The Mayor declared the motion carried as there were six (6) AYES and zero (0)NAYS.
Motion was made by Council Member Bell 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 Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 10-2022
I
t
ORDINANCE NO. 10-2022
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. /0:2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE CO1tiIPETTTIVE BIDDING
AND AUTHORIZE CONCRETE PURCHASES FOR IN-
HOUSE STREET REPAIR PROJECTS, DECLARING AN
EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren desires to continue repairing streets within the City of Van
Buren;and
WHEREAS, the Van Buren City Council approved funds in the 2022 budget for in-house street
repair projects;and
WHEREAS, pursuant to A.CA. § 14-58-303(b)(2)(B), the Van Buren City Council has
determined that exceptional circumstances exist which render the competitive
bidding process to not be practical or feasible;and
WHEREAS, the City of Van Buren desires to purchase concrete from the following companies
located in the following local companies: APAC Central Inc, Mid-Continent
Concrete and Eagle Redi-Mix,in the amount not to exceed$300,000.00 for said
projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The Street Department of the City of Van Buren,Arkansas has an immediate need
to purchase concrete for in-house street repair projects.
SECTION 2: 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 and
City Clerk to purchase concrete for in-house street repair projects.
SECTION 3: Due to the immediate need to purchase concrete for in-house street repair projects
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 4: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to pay all invoices,not to exceed$300,000,to APAC Central Inc,
Mid-Continent Concrete and Eagle Redi-Mix of Van Buren from Capital
Improvement and Street Funds relating to these projects, and to execute all
documents necessary to effectuate this Ordinance.
IN WITNESS WHEREOF,the,City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of 10 for and 0 against,the foregoing Ordinance at its
regular meeting held on the 286'day of February 2022.
1LiU
oseph Hurst
Ma
ATTESTED: VED FORM:
Phy • omasA owell
City Clerk/treasurer City Attorney
Is
ORDINANCE 11-2022
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE ASPHALT PURCHASES FOR AN IN-HOUSE STREET REPAIR PROJECTS,
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
Petty. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Osburn moved that the rules be further suspended, and the Ordinance placed on the
third and final reading. The motion was seconded by Council Member Kneeland. 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.
Motion was made by Council Member Bell 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 g`
Dodson,Kneeland, Osburn, Petty, Wood and Bell. NAYS —None.
The Mayor declared the motion carried as there were six (6) AYES and zero (0)NAYS..
Motion was made by Council Member Wood and seconded by Council Member Kneeland that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: AYES —Council
Member Dodson, Kneeland, Osburn, Petty, Wood, and Bell. 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 11-2022
ORDINANCE NO. 11-2022
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 11 -2022
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 ASPHALT PURCHASES FOR IN-
HOUSE STREET REPAIR PROJECTS, DECLARING AN
EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren desires to continue repairing streets within the City of Van
Buren;and
WHEREAS, the Van Buren City Council approved funds in the 2022 budget for in-house street
repair projects;and
WHEREAS, pursuant to A.C.A. § 14-58-303(b)(2)(B), the Van Buren City Council has
determined that exceptional circumstances exist which render the competitive
bidding process to not be practical or feasible;and t$+'
WHEREAS, the City of Van Buren desires to purchase asphalt from APAC Central,Inc, in the
amount not to exceed$200,000.00 for said projects.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The Street Department of the City of Van Buren,Arkansas has an immediate need
to purchase asphalt for in-house street repair projects.
SECTION 2: The City Council,in accordance with the terms of A.CA.§ 14-58-303(b)(2)(B),
hereby waives the requirement of competitive bidding and directs the Mayor and
City Clerk to purchase asphalt for in-house street repair projects.
SECTION 3: Due to the immediate need to purchase asphalt for in-house street repair projects
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 4: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to pay all invoices,not to exceed$200,000,to APAC Central Inc,
of Van Buren from Capital Improvement and Street Funds relating to these
projects,and to execute all documents necessary to effectuate this Ordinance.
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 () against,the foregoing Ordinance at its
regular meeting held on the 28th day of February 2022.
;Alm Wass -
oseph' u r
ATTESTED: APPRO TO FO •
Phyl's Thomas J owell
City Clerk/Treasurer City Attorney
ORDINANCE 12-2022
On the agenda next was to consider AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS TO AMEND THE SUBDIVISION DEFINITION AND ESTABLISH STANDARDS
FOR PRIVATE ACCESS EASEMENTS AND PRIVATE STREETS 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 Kneeland.
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 Kneeland. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst asked Wally Bailey, Planning Director to speak on this ordinance. Mr. Bailey stated that
the City staff and Planning Commission worked together to develop amendments to the City's Subdivision
Regulations. The amendments relate to revising the subdivision definition and establishing criteria for private
access easements and private streets. Council Member Petty asked for some more clarification on how this
would affect citizens. Mr. Bailey explained that private property owners will be responsible for maintaining
easement on their property.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Wood 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
Dodson, Kneeland, Osburn, Petty, Wood, and Bell. NAYS—None.
The Mayor declared the motion carried as there were six (6) AYES and zero (0)NAYS..
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 12-2022
ORDINANCE NO. 12-2022
•
•
SECTION 2: Article IV—MINIMUM DESIGN STANDARDS,Section G(Streets)of the
Subdivision Regulations is amended to read as follows:
CITY OF VAN BUREN,ARKANSAS
I. public Streets, All street design and construction shall be in accordance with
ORDINANCE NO./z -2022 the Van Buren Master Street Plan and Minimum Street Standards.
BE IT ENAC It1)BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, 2. slccess Easements,The planning commission may approve private vehicular
ARKANSAS,AN ORDINANCE TO BE ENTITLED: access easements as ingress and egress for lots provided all the following
conditions are met:
AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS TO AMEND THE SUBDIVISION a. A private vehicular access easement is permitted in multifamily,
DEFINITION AND ESTABLISH STANDARDS FOR commercial, and industrial subdivisions or developments. Access
PRIVATE ACCESS EASEMENTS AND PRIVATE STREETS easements for single family developments are allowed to provide access to
AND FOR OTHER PURPOSES no more than two lots.More than two single family lots require fire official
and planning commission approval.
WHEREAS, the City adopted Ordinance 07-2003 for the purpose of adopting subdivision
regulations establishing regulations governing development of land in the City of b. The easement shall be at least twenty-six feet wide and not more than four
Van Buren;and hundred feet in length.Greater than four hundred feet may be permitted
with Fire Official and Planning Commission approval.The easement shall
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted comply with all the standards for public streets and utilities as provided in
by the Van Buren Planning Commission on February I,2020,to consider these this section and the Arkansas Fire Code standards for supporting the weight
proposed amendments;and of fire-fighting apparatus(75,000 lbs.).Access easements may be approved
without curb and gutter.Guarantees and warrantees as required by the
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire subdivision regulations must be submitted.
Planning Commission;and
c. The entire width of the easement shall be covered with an approved all-
weather surface BE IT ORDAINED AND ENACTED BY THE CTTY weather surface such as concrete,asphalt,brick,graded and compacted
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: gravel,-or similar comparable materials treated to prevent dust and
overgrowth.
SECTION 1:Article 1-GENERAL PROVISIONS,Section E(Definitions),paragraph 15,of d. The private vehicular access easement may be used for emergency vehicle
the Subdivision Regulations is amended to read as follows: access and public service vehicle access.The proposed provision of access
by an easement shall be reviewed by all utility companies and public service
15. Subdivision—within the corporate city limits and within the planning
jurisdiction shall mean the division of or the assimilation of one(1)or more departments including but not limited to fire,sanitation and police.
parcels of land into two(2)or more parcels,building sites or other divisions for e. The easement shall not be maintained by the city.It is the applicant's
sale or building development. responsibility to provide a maintenance plan that identifies the entities or
parties who are responsible for maintaining the easement
Any property within the corporate city limits or the planning jurisdiction that
•
includes the development of land resulting in the need for access to lots and
parcels,the need to provide or extend utilities,the need to improve adjacent E The Ark nsas Fire Prevention Code may have additional or greater
infrastructure due to insufficient existing capacity and the added demand resulting existseeats than these minimum standards.When a conflicting standard
fia
from proposed development or the need to achieve conformance with the Master
exists the Fire Code requirement shall be the standard.
Street Plan shall be considered a subdivision and subject to this ordinance.
g. A clear access for the entire width of the easement must be maintained by
a. Minor subdivision-a minor subdivision is a subdivision with no responsible parties to provide an unimpeded access for all vehicles
more than two lots or is a re-plat of an existing subdivisions. including emergency vehicles,buses,etc.This includes any overhanging
items such as overhead cables,structures,trees,etc.
b. Major subdivision-a major subdivision is a subdivision with three
or more lots.
h. Existing access easements are permitted as previously approved. No
additional lots or tracts on any non-complying access easement are
permitted unless approved by the Planning Commission.
i. Gated Access Easements.If the private easement is gated:
1. Master key security system approved by the Fire Official.A master
key security system shall be provided on all gates.The security
system shall include the following:
a.A gate override in case of power failure;and
b.A master key,approved by the Fire Official,shall be provided
for emergency access and public service providers.
2. Queuing.At gated entrances where traffic can queue into public
streets,the gates and entrances design must provide for sufficient
storage capacity so that no queuing vehicles will queue into the
public street
3. private Streets,The planning commission may approve private and/or gated
streets subject to the following standards:
a. A private street is permitted only in a single-family residential development.
b. Private streets and utilities shall comply with all the standards for public
streets and utilities as provided in this section.This includes the minimum
street design standards and guarantees,and warranties required by the
subdivision regulations.
c. The private street shall be maintained by a homeowners'association.The
applicant shall provide the declarations and restrictions,which shall provide
an annual assessment of property owners that is sufficient to maintain the
private street
d Publicly-or privately-owned utility easements for subdivisions with private
streets shall comply with the subdivision regulations. _.
e. The applicant shall comply with the homeowner standards for private
infrastructure maintenance. The applicant shall include with the
homeowners or property owners'association(HOA or POA)documents a
forecast and schedule of street maintenance costs prepared by a licensed
professional engineer.The maintenance costs must be consistent with the
schedule of street maintenance costs.A maintenance account with seed
money shall be established by the developer to enable the HOA to meet the
maintenance schedule until the HOA is self-sufficient Any HOA requesting
that the city acquire its private streets shall produce documentation that the
maintenance schedule set forth in the HOA's original pavement
m,.,_.._..._...
ORDINANCE NO. 12-2022 CONT.
f. The HOA/POA documents shall require the HOAs/POAs to identify and
enforce a no parking restriction in fire lanes throughout the community.
g. The Arkansas Fire Prevention Code may have additional or greater
requirements than these minimum standards.When a conflicting standard
exists the Fire Code requirement shall be the standard.
h. A clear access for the entire width of the private street must be maintained
by responsible parties to provide an unimpeded access for all vehicles
including emergency vehicles,buses,etc.This includes any overhanging
items such as overhead cables,structures,trees,etc.
i. Existing private streets are permitted as previously approved.No additional
lots or tracts on any non-complying private street are permitted unless
approved by the Planning Commission.
j. Gated streets.Private streets with a private,gated entry shall conform to the
following standards:
1.Master key security system approved by the Fire Official.A master key
security system shall be provided on all gates.The security system shall
include the following:
a.A gate override in case of power failure;and
b.A master key,approved by the Fire Official,shall be provided
for emergency access and public service providers.
2.Queuing.At gated entrances where traffic can queue into public streets,
the gates and entrances design must provide for sufficient storage capacity
such that no queuing vehicles will queue into the public street.
4. Private Infrastractrne Maintenance
a. This section applies to any private infrastructure improvements such as streets,
drainage,or utilities where this ordinance allows the improvement to be privately
maintained.
I. The improvements shall be maintained by a permanent homeowners'or
property owners' association, permanent condominium association,
permanent improvement district or similar permanent entity(hereinafter the
maintenance entity).
2. The instruments creating the maintenance entity shall be provided with
the application for subdivision plat approval.
b. Homeowners'or Property Owner's association.
1. The homeowners'or property owners'association shall assume full
responsibility for maintenance of the improvements.
2. The applicant shall provide a description of the association,including
its bylaws and methods for maintaining the infrastructure which shall be
submitted with the final plat
3. A proposed operations budget and plan for long-term capital repair and
replacement of infrastructure improvements shall be submitted with the
final plat
c. Condominium.If a permanent condominium association is used to maintain
the improvements,the improvements shall be controlled through the use of
a permanent master deed that conforms to the Horizontal Property Act,
A.CA.title 18,subtitle 2,ch. 13 (A.CA. § 18-13-101 et seq.).All
undivided landscaping land shall be held as a common element.A proposed
operations budget and plan for long-term capital repair and replacement
shall be submitted with the application for preliminary plat approval.
d Improvement districts.An improvement district may be established pursuant
to A.CA.tide 14,subtitle 5(A.CA.§14-86-101 et seq.)that
1. Has the authority to maintain the improvements;and
2. Has established assessment or other financial mechanisms in an
amount sufficient to maintain the improvements in good order.
SECTION 3: Severability: The various provisions and parts of this Ordinance are t
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 /0 for and C) against,the
foregoing Ordinance at its regular meeting held on the 28th day of February 2022.
ATTESTED: APPROVED AS TO FORM: �..
/1t91 ar 2)
Ph is Thomas ,
City Clerk/Treasurer ity Attorney
Next on the agenda was Miscellaneous and General Discussion
Mayor Hurst asked Mr. Wally Bailey, Planning Director to give an updated presentation to our
Downtown Streetscape Project. Mr. Bailey introduced Mr. Blake Peacock (lead designer) from Hawkins-Weir
Engineering and Mr. Tim Varner from MAHG Architecture.
Mr. Bailey stated this project has been a long time coming which started back in 2016 to enhance
downtown Van Buren. We had two failed attempts for grants and in 2019 we finally received a grant from
ARDOT. In February 2020 City Council approved a design agreement with Hawkins& Weir in conjunction
with MAHG Architecture. We began a drainage study and design work related to the downtown streetscape.
Mr. Bailey stated that we have a significant drainage problem in downtown Van Buren. ARDOT requires a
phased approach on this project review on these TAP Grants. This takes time for ARDOT to approve before
they will even let the designers continue. Sometimes the approval process takes longer than the design process.
We were made aware that there is some FEMA money to help pay for the drainage work. We have applied for
this grant money and are hopeful we will receive. We can only fund so much of the drainage project with that
grant application. Once we receive this grant money, we will start work on the drainage issue,then we can
begin on the beautification work on main street. Mr. Bailey asked Blake Peacock from Hawkins-Weir to come
speak to the council.
Mr. Blake Peacock, lead designer, from Hawkins-Weir stated that we have submitted up to 60%of our
plans to ARDOT on this project. During our initial design review, we did identify some additional
infrastructure and maintenance issues in the downtown area. We helped the city prepare a contract with the help
of Goodwin& Goodwin, which is a local contractor, to clean and televise about 2600 feet of large diameter
storm sewer in downtown. The storm sewer was partially to fully clogged with sediment and debris from over
the years. This project was finished earlier this year in January. We now have a point to discharge all the water
from downtown instead of doing more improvements all the way down past the levy walls. This line we are
talking about runs parallel to the railroad tracks on out the drainage systems in downtown, which will help once
we start our project.
Mr. Tim Varner from MAHG Architecture stated that this streetscape project started a couple years ago,
which developed out of necessity into a larger project than just a beautification project. The large portion
behind this streetscape project and why it was initially submitted was three reasons. 1.) Increase pedestrian
safety downtown by physically shortening the distance of the street, 2.)Landscape buffer 3.) Places to sit.
Matt Ketchum, Attorney for Roger Key owner of The Vault 1905 Sports Grill downtown. Mr. Ketchum
proposed an entertainment district in downtown Van Buren.
There being no further business, motion was made by Council Member Osburn and seconded by
Council Member Wood to adjourn. The Council followed with a unanimous vote. The meeting adjourned at
6:49 p.m.
ATTESTED: APPRO ED:
A.4Diva
CI CLE -TREASURER MAY
l'
c
4