MAY 2022 REGULAR MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING MAY 23,2022
The City Council of the City of'Van Buren,Arkansas met at 5:30 p.m. Monday,May 23, 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,Dodson,Petty and Wood. City
Clerk Phyllis Thomas was present. This made a total of five(5)present. A quorum was declared. .
The invocation was given by Pepper Bourlon, First Baptist Church.
Mayor Hurst then led the Pledge of Allegiance. V
Resolution No. 05-01-2022—Appointing City Council Member
Mayor Hurst stated that Ms. Cathy Gifford has agreed to serve out Ms.Kathryn Osburn's term. Mayor
Hurst expressed the city's appreciation to Ms. Gifford. Council Member Petty asked if Ms. Gifford could start
her term immediately rather than waiting a month. All Council Members agreed, and a vote was taken.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Petty 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
Wood, Bell,Dodson, and Petty. NAYS—None.
Next,the following items were on the April 2022 consent agenda:
• MINUTES OF THE REGULAR COUNCIL MEETING ON APRIL 25,2022.
• STREET CLOSURE:FIRST BAPTIST CHURCH,VACATION BIBLE SCHOOL IN JUNE.
• RESOLUTION NO.05-02-2022-DISPOSAL OF FIXED ASSETS POLICE DEPARTMENT.
• RESOLUTION NO.05-03-2022-AUTHORIZING AMENDMENT TO WATER CONTRACT-VBMU.
• 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 Bell seconded
the motion. Council members voted aye: four The following voted nay: none.
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05-dl -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR TB E CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED: `f
A RESOLUTION TO APPOINT A NEW CITY COUNCIL
MEMBER IN THE CITY OF VAN BUREN.
WHEREAS, a vacancy has occurred in Position 2,Ward 2 of the Van Buren City Council held by
Kathryn Osburn; and
WHEREAS, pursuant to ARK.CODE ANN. §14-43-411,when a vacancy occurs in any position on
the city council,the Van Buren City Council has the authority to appoint a successor to
serve for the unexpired term; and
WHEREAS, the Van Buren City Council wishes to appoint Ms. Cathy Gifford to Position 2,Ward 2 of
the Van Buren City Council to serve until the term expires on December 31,2022.
r
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: Effective June 1,2022,Ms. Cathy Gifford is hereby appointed to Position 2,Ward 2 of
the Van Buren City Council for the City of Van Buren,Arkansas.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its-City Council,did pass,
approve, and adopt,by a vote of '14 for and a against,the foregoing Resolution at its regular meeting
held on the 23'day of May 2022.
Jos h P. urft
Mayor
ATTESTED: ZA
O S TO FORM:
Phy his Thomas
City Clerk ttorney
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05 -02--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 CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR
OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has certain fined assets on its Fixed Asset Inventory List which are obsolete,
and/or beyond repair,and are no longer cost effective,so as to no longer be needed by the City;and
WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said items
or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid,auction
or as otherwise authorized under A.C.A§ 14-54-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from the
Fixed Asset Inventory and to dispose of same by sealed bid, auction or other such methods
authorized under the law:
Department Amount Description of Inventory Control#
Police Department $8,950.00 CVSA Voice Stress Analyzer H PD-514
61221394PU
Police Department $4,486.93 Panasonic CF-30 Laptop PD-645
8BKYA15863
Police Department $4,486.93 Panasonic CF-30 Laptop PD-646
8CKYA16321
Police Department $2,758.32 Panasonic CF-52 Laptop PD-682
9GTYA66046
Police Department $2,758.32 Panasonic CF-52 Laptop PD-683
9GTYA65893
Police Department $2,822.04 Panasonic CF-52 Laptop PD-698
OHTSA41491
Police Department $5,767.20 Mobile Video System L3 PD-711
FB031979
Police Department $15,830.00 Secure Outcomes LS100 LS PD-733
15030219083
Police Department $2,000.40 Panasonic CF-53 Laptop PD-739
5JTSA31817
Police Department $2,000.40 Panasonic CF-53 Laptop PD-740
5JTSA32237
Police Department $2,000.40 Panasonic CF-53 Laptop PD-741
5JTSA32285
Police Department $3,070.00 Acer/Vipre E-15 Laptop PD-749
NXGAIAA003543OB 1757600
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and
adopt, by a vote of°j for and Q against the foregoing Resolution at its regular meeting held on the 231 day
of May 2022.
st
ose
Mayor
ATTESTED: TO F
'
Phy comas ZOVE
City Clerk/Treasurer ttomey
F.
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05 -03-2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY
OF VAN BUREN, ARKANSAS, TO SIGN AN AMENDMENT TO
WATER PURCHASE CONTRACT DATED JANUARY 28, 1986,
BETWEEN THE CITY OF VAN BUREN AND THE SEQUOYAH
COUNTY WATER ASSOCIATION OF OKLAHOMA.
WBEREAS, The City of Van Buren and the Sequoyah County Water Association has entered
into a Water Purchase Contract dated January 28, 1986; and
WBEREAS, The Van Buren Municipal Utilities Commission at its regularly scheduled meeting on
May 17, 2022, has recommended to the City Council that it would be in the best interest
of the City of Van Buren to amend said contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL-OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
.SECTION 1: The Mayor of the City of Van Buren, Arkansas, is hereby authorized to sign the
attached Water Purchase Contract Amendment, that said.Amendment is attached
hereto as "Exhibit A" and is incorporated herein by reference and that the City
Clerk of the City of Van Buren, Arkansas, is hereby authorized to attest the
Mayor's signature on said contract amendment.
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 0 against,the foregoing Resolution at its regular meeting
held on the 23'of May 2022.
Joseph st
Mayor
rATTESTED: APR A O
P llis Thomas I Jac
City Clerk/Treasurer City Attorney
-----� -•„-tea— -- -
'EINANCIAL STATEMENT APRIL 2022
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i�
APRIL 20.22'
TOTAL EXPENDITURES
$1,591,019.54,
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ORDINANCE 20-2022
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE OF POLICE VEHICLES FROM SUPERIOR CHEVROLET OF
SILOAM SPRINGS; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety.
Council Member Bell moved that the rules be suspended, and the Ordinance be placed on its second
reading. The motion was seconded by Council Member Wood. The Council followed with a unanimous vote.
The Clerk then read the Ordinance the second time. V
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 Wood. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Bell and seconded by Council Member Petty to adopt the
Ordinance as amended. On the Cleric's calling the roll,the following vote resulted: AYES—Council Member
Wood,Bell,Dodson,Petty and Gifford. NAYS—None.
The Mayor declared the motion carried as there were five (5)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 Wood,Bell,Dodson,Petty, and Gifford. 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 20-2022
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.a(O-2022
BE IT ENACTED BY TBE CITY COUNCIL,FOR TEE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE EN'rrrLED:
AN ORDINANCE TO WAIVE COMPETTIIVE BIDDING AND
AUTHORIZE TEE PURCHASE OF POLICE VEHICLES FROM
SUPERIOR CBMVROLET OF SILOAM SPRINGS; FOR TEE
APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY;
AND FOR OTIM PURPOSES.
WBEREAS, the City of V'an Buren is in nee&of certain police vehicles for the safety of life and
protection of property by the City of VenBu=Police Department;and
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chien.determined '
that the purchase of these vehicles from Superior Chevrolet of Siloam Springs would be
the most practical,fessiblq and cost-effective method for the depsrtme¢t;and
WHEREAS, the City Council has determined,pursoantto A.C.A.§14-58-303(b)(2)(B),that
exceptional circumstances exist which render the competitive bidding process to not be z
practical or feasible;and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
TEE CITY OF'VANBUREN,ARKANSAS,THAT' SECTION 6: The various provisions and parts of this Ordinance am hereby declared to be severable,
SECTION 1: The Police Department of the City of Van Bursa,Arkansas has an immediate need to and,if any section or part of a section,or any provision or part of a.provision herein,is
purchase(2)two 2022 Chevrolet Tahoe's,and(1)one 2022 Chevrolet Silverado 1500, declared to be unconstitutional,inappropriate,or invalid by any court of competent
for the.total sam of$146,86020. .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.
SECTION 2: The purchase of said vehicles from Superior Chevrolet,located in Siloam Springs, ,
Arkansas,for the total sma of$146,86020 are detailed in the attached quotes,and are IN WTINESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
necessary to protect the life and safety of Van Buren citizens. approve,and ado a vote of 6 for and O pt,by against,the foregoing Ordinance at regular meeting
SECTION 3: The City Council in accordance with the terms ofA.CA§14-58-303(b)(2)(B)hereby held on the 231d day of May 2022. ,
waives the requirement of competitive bidding and directs the Mayor to purchase the
above-desbn'bed vehicles for the price set forth in Section 2 above, t.
SECTION 4: It is firther found that due to the immediate need to acquire these vehicles before the Jos st
quotas expire,an emergency is declared to exist and this ordinance being necessary for Maw
the preservation ofthe public health,safety,and welfare,it shall take effect from and ATTESTED: APPRO 0 FORM:
after its passage and approval.
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van A
Buren to execute all documents,contracts,and agreements necessary to effectuate this pPll yl Thanks cob
Ordinance City Clerk/rreasurer City Attorney
r
ORDINANCE 21-2022
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.7-1963 VAN
BUREN MUNICIPAL CODE NO. 14.04.01 FOR THE PURPOSE OF REZONING CERTAIN
PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS,AMENDING THE ZONING MAP OF
THE CITY OF VAN BUREN,ARKANSAS,AND FOR THE 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 Cleric 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 fmal.reading. The motion was seconded by Council Member Petty. The Council followed with a
unanimous vote. The Clerk their read the Ordinance the third and final time.
Mayor Hurst asked Mr. Wally Bailey, City Planner to speak on this ordinance. Mr. Bailey stated that
the city had received a rezoning application from 617FR,LLC to change the zoning on the property at 619
Fayetteville Road. The request is to change the zoning from R-2 to C-2. Currently there is a physical therapy
business on the property. The zoning map shows C-2,zoning on either side of this property and developed as a
dental clinic and a medical clinic.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Wood and seconded by Council Member Bell to adopt the
Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: AYES—Council Member
Wood, Bell,Dodson,Petty, and Gifford. NAYS—None.
The Mayor declared the motion carried as there were five (5)AYES and zero (0)NAYS.
THE ORDINANCE WAS GIVEN THE NUMBER 21-2022
CITY OF vAN BUREN,ARKANSAS
ORDINANCE NO-Z I -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963
VAN BUREN MUNICIPAL CODE NO.14.04.01 FOR THE
PURPOSE OF REZONING CERTAIN PROPERTY IN THE
CITY OF VAN BUREN, ARKANSAS, AMENDING THE
ZONING MAP OF THE CITY OF VAN BUREN,ARKANSAS, NOW,THEREFORE,BE IT ORDAINED AND,ENACTED BY THE CITY
AND FOROTHER PURPOSES. COUNCIL OF THE CTIY OF VAN BUREN,ARKANSAS,THAT:
pJFiEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State SECTION I: The above-describedproperty is hereby rezoned fromR-2 to C-2 andthe Van Buren
of Arkansas,with all powers,aui raiLy,and duties of a city ofthe first class;and Zoning Map is amended to reflect this rezoning.
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van I I
Buren(Ordinance No.7-1963);and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
k
pass,approve,and adopt,by a vote of 5 for and 0 against,the foregoing Ordinance at its
WHEREAS, a request has been made by 617FR,LLC to rezone certain property within the city regular meeting held on the 23'day of May 2022.
limits of the City of Nan Buren;and
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier,and a t
public hearing was conducted as required by law A.CA§14-56-422 on May 3,
2022;and /-loselipAurst
WHEREAS, as a result ofthis hearing,the Planning Commission recommended that certain yot•
property within the city limits of the City of Van Buren be rezoned from its
previous classification to the following
ATTESTED: 4ZAtto.—.-ya?
O
Property Zoned New Zoning j 0 , ���
R 2 Two-Family Residential District C-2 Thoroughfare Commercial District `P/h� Thomas
City CIerk/rreasurer
Legal Descriudon:
See Exhibit"Ai'attached to this Ordinance.
Layman's Description
619 Fayetteville Road,Van Buren,Arkansas
WHEREAS, the proposed rezoning herein was recommended by a majority vote of the-entire
Planting Commission,in accordance withA.CA.§14-56-422.
ORDINANCE 22-2022
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 VAN
BUREN MUNICIPAL CODE NO.14.04.01 FOR THE PURPOSE OF REZONING CERTAIN
PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS,AMENDING THE ZONING MAP OF
THE CTIY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Council Member Bell 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 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 asked Mr. Wally Bailey, City Planner if he would speak on this ordinance. The city
received a rezoning application from Kibler Place,LLC to change the zoning on the property at_3409 Kibler
Road. The request is to change the zoning from R-2 to R-3. The purpose of the rezoning request is to develop
the property with a multi-family duplex development that has 15-buildings or 30 dwelling units.
Steve Dufresne with the Van Buren Utilities explained VBMU's position on this subject. The sewer"is
not an issue for this project.
Van Buren Fire Chief Tim Arnold stated that this plan has been reviewed by the fire department.
Wally Bailey, City Planner stated that the neighbors do not want this duplex development.
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
Wood,Bell, Dodson,Petty, and Gifford. NAYS—None.
The Mayor declared the motion carried as there were five (5)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 22-2022
ORDINANCE 22-2022 cont.
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.2a'-2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963
VAN BUREN MUNICIPAL CODE NO.14.04.01 FOR THE
PURPOSE OF REZONING CERTAIN PROPERTY IN TBE
CITY OF VAN BUREN, ARKANSAS, AMENDING THE
ZONING MAP OF TEE CITY OF VAN BUREN,ARKANSAS,
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State of
Arkansas,with all powers,authority,and duties of a city of thd•first class;and
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren
(Ordinance No.7-1963);and
WHEREAS, a request has been made by Kibler Place,LLC to rezone certain property within the
city limits of the City of Van Buren;and
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier and a
public hearing was conducted as required by law A.C.A§ 14-56-422 on May 3,
2022;and
WHEREAS, as a result of this hearing,the Planning Commission recommended that certain
property within the city limits of the City of Van Buren be rezoned from its previous
classification to the following:
Property Zoned New Zoning
R-2 Family Residential District R 3 Multi-Family Residential District
Legal Description:
Lots 1,2,3,4,27,28 and 29 Homer Smith Addition
Layman's Address a
3409 Kibler Road
WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire '
Planning Commission,in accordance with A.C.A.§14-56-422.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
a
SECTION 1: The above-described property is hereby rezoned from R-2 to R-3,subject to the
following conditions: 1)all structures will be one story;and 2)no structure will
exceed 2 dwelling units;and 3)the front facades of the buildings will be 100%
brick;4)the east and south privacy fences will be 6 foot tall wood with brick
columns at 24 feet+/-spacing;5)the north and west privacy fences will be 6 foot `
tall wood;6)the entrance will have a decorative brick wall on each side;and 7)
compliance with the development plan which is Exhibit A to this Ordinance.
i
The Van Buren Zoning Map is hereby amended to reflect this rezoning.
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 c�against,the foregoing Ordinance at its
regular meeting held on the 23rd day of May 2022.
osep
Mayor
ATTESTED: ZAPP TO FORM:
_Y �Ph Thomas :1:
t
City Clerk/Treasurer City Attorney '
ORDINANCE 23-2022
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.07-1963 (AS
AMENDED)FOR THE PURPOSE OF ADDING DEFINITIONS FOR RECYCLING CENTERS AND
SALVAGE BUSINESSES, SETTING STANDARDS FOR SALVAGE ITEMS AND OPEN DISPLAY,
AND AMENDING THE PERMITTED AND CONDITIONAL LAND USE LEGEND. f
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 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. I
Mayor Hurst asked Mr. Wally Bailey, City Planner to explain. We do not have ordinances to
effectively regulate businesses that have extensive exterior storage of salvage items. The proposed regulations
will 1) define a recycling center and a salvage business;2) amend the Land Use Legend to require a conditional
use for any recycling center or salvage business; and 3) establish standards for the storage of salvage items and
open display of items.
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
Wood,Bell,Dodson,Petty, and Gifford. NAYS—None.
The Mayor declared the motion carried as there were five (5)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 23-2022
ORDINANCE 23-2022 coot.
CITY OF VAN BURIN,ARKANSAS
ORDINANCENO.a$ -2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BURIN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED)FOR
THE PURPOSE OF ADDING DEFINITIONS FOR RECYCLING CENTERS AND
SALVAGE BUSINESSES,SETTING STANDARDS FOR SALVAGE ITEMS AND
OPEN DISPLAY,AND AMENDING THE PERMITTED AND CONDITIONAL
LAND USE LEGEND
WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van
Buren,providing definitions, general provision; provisions governing zoning
districts,exceptions and modifications,enforcement,and a Board'of Adjustment,
as allowed by A.C.A.14-56-401 et seq.;and
WHEREAS, it has been determined by the City Council that there is a need to further amend
Ordinance 07-1963 to include definitions for recycling center and salvage business
and establish standards for keeping salvage items and open display,and amend the
permitted and conditional land use legend;and
WHEREAS, notice of a Public Hearing was duly published,and aPublic Hearing was conducted
bythe VanBurenPlannino Commission onApril5m and May 3rd,2022,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 AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BURIN,ARKANSAS,THAT:
SECTION 1, Article 11(Definitions),of Ordinance No.7-1963(as amended)is hereby amended
to add the following definitions:
Recycling center means afacilitq where recyclable materials,such as newspapers,
magazines,books,and other paper products,glass,metal cans,and otherproducts
are recycled,reprocessed, and treated in order to return such products to a
condition where they may be reused.
Salvage business means any establishment maintained,used,or operated for the
storing,keeping,d;cmantKng salvaging,buying,or selling of:
(1) Scraps or discarded pieces of metal,paper,cloth,tires;building i
materials,glass,and other materials.
(2) Inoperable,wrecked,scrapped,ruined,dismantled,or discarded
automobiles,automobile parts,tracks,machinery or appliances or parts
thereof.
Appliance means any stove, washer,refrigerator or other household or
'commercial appliance that is no longer operable in the sense for which it was
manufactured.
Vehicle means any motor vehicle that is missing a motor,transmission,tire or
which has been damaged as to not safely operate on the street;constitutes a
threat to the public health or safety; partially dismantled, wrecked or
deteriorating to such an extent that its continued presence creates a negative
impact or property values and creates a blighted influence on a neighborhood
or street corridor.
SECTION 2: Article V,Section 5(C-2 Thoroughfare Commercial District),is hereby amended
to add the following paragraph:
7. Salvage items and open display.
a No permanent open display will be permitted on sidewalks or public
right of way.
b. There shall be no open display of any salvage items in the first twenty
(20)feet of any street right of-way.
c. No required parking lot area shall be used for storage or display of
salvage items.
d. Outdoor storage shall be maintained in a manner that does not collect
trash,debris,and vermin.
e. Outdoor storage shall be arranged so that it allows for fire department
access to the premises.All outdoor storage shall be approved by the Fire t
Official
f All approved outdoor storage of salvage items shall be screened by a
permanent opaque screening fence or wall constructed of standard fencing
materials so that it cannot be seen from an adjoining property or street
right of way.
i
SECTION 3:Article V,Section 6(I-1 Light Industrial District)is hereby amended to add the
following paragraph:
7. Salvage items and open display. 1
i
,
f
ORDINANCE 23-2022 cont.
E
t
a. No permanent open display will be permitted on sidewalks or public
right of way.
b. There shall be no open display of any salvage items in the first twenty
(20)feet of any street right of way. P I
c. No required parking lot axed shall be used for storage or display of
salvage items.
d. Outdoor storage shall be maintained in a manner that does not collect I
trash,debris,and vein.
'e. ,Outdoor storage shall be arranged so that it allows for fire department
access to the premises.All outdoor storage shall be approved by the-Fire
Official
£ All approved outdoor storage of salvage items shall be screened by a
permanent opaque screening fence or wall constructed of standard fencing
materials so that it cannot be seen from an adjoining property or street right
of way.
SECTION 4: Article V,Section 7(I-2 Heavy Industrial District),is hereby amended
to add the following paragraph:
5. Salvage items and Open Display
a.No permanent open displaywillbe permitted on sidewalks orpublicright
of way.
b. There shall be no open display of any salvage items in the first twenty
(20)feet of any street right of way.
c. No required parking lot area shall be used for storage or display of
salvage items. �-
d. Outdoor storage shall be maintained in a mamas that does not collect t
trash,debris,and vermin
e. Outdoor storage shall be arranged so that it allows for fire department
access to the premises.All outdoor storage shall be approved'by the Fire
Official.
£ All approved outdoor storage of salvage items shall be screened by a
permanent opaque screening fence or wall constructed of standard fencing
materials so that it cannot be seen from an adjoining property or sheet right
ofway.
SECTION 5: The Permitted and Conditional Lard Use Legend is amended as set forth in
attachment"A"hereto.
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 declaredto be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction,such holding shall not invalidate or affect the
remainder ofthis Ordinance and to that extent the provisions hereto a{e declared to I
be severable.
i
IN WPTNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,dial l
pass,approve,and adopt,by a vote of for and O against the foregoing Ordinance at its If
regular meeting held on the 23 d day of May 2022.
7as h urat
y-
ATTESTED: APPROVED AS TO FORM:
i
1
P Thomas Isc000meyE
all
City Clerkareasurer
r
ORDINANCE 24-2022
On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE 23-1996 FOR
THE CONTROL OF ACCESS TO STREETS AND HIGHWAYS.-
The Clerk read the Ordinance in its entirety. Council Member Bell moved that the rules be suspended,
and the Ordinance be placed on its second reading. The motion was seconded by Council Member Wood. The
Council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member 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 Wood. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst asked Mr. Wally Bailey, City Planner if he would like to speak on this ordinance. Mr.
Bailey stated that the amendment to Ordinance 23-1996 will require a conditional use permit for any
commercial or industrial development before a driveway can be permitted that would route traffic through the
residential zoning district or residentially used property. The amendment includes an exception for existing
commercial or industrial facilities whose sole access is through a residential area.
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Petty and seconded by Council Member Dodson to adopt the
Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: AYES—Council Member
Petty, Wood, Bell,Dodson, and Kneeland. NAYS—None.
The Mayor declared the motion carried as there were five (5)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 24-2022
{
ORDINANCE 24-2022 coat.
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE 23-1996-FOR THE
CONTROL OF ACCESS TO STREETS AND HIGHWAYS
WHEREAS, the City adopted Ordinance 23-1996 for the purpose of establishing regulations
governing control of access to streets and highways in the City of Van Buren;and
WHEREAS, a need exists to require an amendment-to the Commercial and Industrial Access
Standards of Ordinance 23-1996 governing Commercial and Industrial driveways
into residential neighborhoods;and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted.
by the Van Buren Planning Commission on May 3rd,2022,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 TT ORDAINED AND ENACTED BY THE CITY
c COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: Article 3,Section 3(Commercial Standards)of Ordinance 23-1996 is amended to
add the following new paragraph:
H.Commercial Access through Residentially zoned or used property:
Driveway access from a commercial site or subdivision that routes traffic through
aresidential zoning district or residentially used property shall require a conditional
use permit from the Van Buren Planning Commission prior to construction.
Existing sites that have sole access through a residentially zoned district or
residentially used property-and that are zoned or commercially developed prior to
the effective date of this amendment are exempt from this requirement
SECTION 2: Article 3,Section 4(Industrial Sites and Subdivisions)of Ordinance 23-1996 is
amended to add the following new paragraph:
H.Industrial Access through Residentially zoned or used property:
Driveway access from an industrial site or subdivision that routes traffic through a
residential zoning district or residentially used property shall require a conditional
use permit from the Van Buren Planning Commission prior to construction.
Existing sites that have sole access through a residentially zoned or district or
residentially used property and that are zoned or industrially developed prior to the
effective date of this amendment are exempt from this requirement.
SECTION 3: 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 WTTNESS WHEREOF,the City of Van Buren,Arkansas,by its City
Council,did pass,approve,and adopt,by a vote of 5—for and O against,the
foregoing Ordinance at its regular meeting held on the 231 of May 2022.
osep P urst
Mayor
ATTESTED: APPROVED AS TO FORM:
t
Phyllis Thomas e '
City Clerk/Treasurer City Attorney
Next on the agenda was Miscellaneous and General Discussion
Mr. John Pope announced Keep Van Buren Beautiful is celebrating 16 years and thanked Mayor Hurst
and Mayor Freeman and all board members for participation.
1
{
There being no further business,motion was made by Council Member Gifford and seconded by
Council Member Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at
6:25 p.m.
ATTESTED: APPROVED:
CftVCLE9K=TREASURER MAY
G
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