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SEPTEMBER 2022 REGULAR MINUTES OF THE' VAN BUREN,ARKANSAS CITY COUNCIL MEETING SEPTEMBER 26,2022 The City Council of the City of Van Buren,Arkansas met at 5:30 p.m.Monday, September 26,2022 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, Gifford and Wood, absent were Council Members Kneeland and Petty. City Cleric Phyllis Thomas was present. This made a total of four(4)present. A quorum was declared. The invocation was given by our City Attorney,Jacob Howell. City Attorney Jacob Howell then led the Pledge of Allegiance. Next,the following items were on the August 2022 consent agenda: ® MINUTES OF THE REGULAR COUNCIL MEETING ON August 22,2022. LETTER:ENTERTAINMENT DISTRICT EXTENSION BOUNDARY-FALL FESTIVAL OCT.8&9 AND CAR SHOW ON SATURDAY,OCTOBER22. ® RESOLUTION NO.09-01-2022—REMOVAL OF FIXED ASSETS ® RESOLUTION NO.09-02-2022—DECLARING SUPPORT OF FOREIGN MILITARY SALES PILOT TRAINING a 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 Gifford seconded the motion. Council members voted aye: four The following voted nay: none. I i I I i i I I 1 3 RESOLUTION NO.09-01-2022 I CITYOFVANBURE,ARKANSAS RESOLUTION NO,if -1631 -2022 BE IT ENACTED BY TBE CITY COUNCIL.FOR THE CITY OF VAN BUREN,ARKANSAS, A RES OLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO I REMOVE AND DLSPOSE OF CERTAIN FIXED ASSETS PROM THE CITY OF VAN BUREN'S nm ASSET INVENTORY,BY SEALED DID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. WHEREAS, the City of Vaa Buren has certain fixed assets on its Fixed Asset Inventory List which are obsolete, and/or beyondrepair,and areno longer cost effective,to nalonger be neededby the City;and WHEREAS, after an inventory of fixed assets,R 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 othenviseauthorizedimderA.CA§14-54-302. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARICANSAS, THAT: SECDON 1; 'no Mayor and City Clerk are hereby authorized to remove the following asset or assets from the I Fixed Asset Inventory and to dispose ofsamo by scaledbid,auction or other such methods authorized underthhe law: Department Amount Description Control11 Street 2007 GMC Dump Truck Model Department $58,786.00 TC6C042 ST-235 VIN:IGDJ6Ci337F413398 Street S58,786.00 2007 OMC Dump Truck ST 236 Department ModelTC6C42 M,1GDJ6C1377F412965 ' Street $16,24850 Sand Spreader ST-249 Department Memos MV-120-84 Serialm:07-11-8506 Street $8,046.00 Sweepster Angle Broom ST-289 Department 23084MM j ScrizW0916040 Street 59,42055 Gas Compressor ST-251 Department Serial:240751 Street 54,881.00 Asphalt Oil Distributor ST 305 Department Modal L500 y Seria.142M80 Street 530,979.52. Bandit 12luchChipper j YW 1 Department VI9i/4pMUS15198R001116 IN WTTIY M WHEREOF,the City of Van Enron,Arlomsas,by its City Coun4 did pass,approve,and adopt, by a vats of¢for end 0 against the foregoing Resolution at its reg ar meetin hold an the 261'day ofSaptember ! Joseph 4 HmftC� ATTESTED; ROVE Ph 0ns7bomas a re t Clly Clak Mcasmer City Attorney i RESOLUTION NO. 09-02-2022 , CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.09 -0-D,-2022 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,ARESOLUTION TO BE ENTITLED: ' A RESOLUTION DECLARING THE CITY. OF VAN f BUREN'S SUPPORT OF THE FOREIGN MTTARY SALES PILOT TRAINING CENTER AT EBBING AIR NATIONAL GUARD BASE IN FORT SMITH,ARIUNSAS. WHEREAS, the United States Air Force has deemed the Ebbing Air National Guard Base in Fort Smith,Arkansas as the preferred location for its Foreign Military Sales Pilot Training Center,which will facilitate the sale of military aircraft to allied nations around the world through the training of the aviators and support staff who will work with such aircraft;and WHEREAS, positioning the F35 fighter aircraft and the contingent of Republic of Singapore Air Force Flhs to Fort Smith through this Foreign Military Sales Pilot Training Center project has the overwhelming support from the State of Arkansas, and local officials in Van Buren and throughout the Arkansas River Valley;and WHEREAS, the facilities at Ebbing Air National Guard Base are world-class and include all components necessary to make the Foreign Military Sales Pilot Training Center program a success,including runway and ramp space,maintenance facilities, hangar space,a diverse and abundant air space,varied training terrain,leading edge facilities, a climate that maximizes flyable days, and a welcoming community;and WHEREAS, the Foreign Military Sales Pilot Training Center project will enjoy the continuation of an outstanding long.tep supportive relationship with the River 1 Valley Community;and WI•IER AS, the City of Van Buren's governing body recognizes the significance of the Foreign Military Sales Pilot Training Center project at Ebbing Air National Guard Base and encourages all residents of Van Buren and the Arkansas River Valley region to embrace and welcome this important project NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARSANSAS,THAT: SECTION 1: The City of Van Buren municipal government hereby proudly pledges its fall and unequivocal support for the Foreign Military Sales Pilot Training Center project at Ebbing Air National Guard Base in Fort Smith,Arkansas. SECTION 2: The City of Van Buren and its surrounding communities have a long and significant history of partnership with our nation's Armed Services divisions,and that support will again be fully demonstrated to all involved with this Foreign Military Sales Pilot Training Center project. SECTION 3: All residents of the Arkansas River Valley region are encouraged to recognize the significance of the Foreign Military Sales Pilot Training Center project at Ebbing Air National Guard Base,and are farther encouraged to embrace and welcome all staff, individuals, and families associated with this important project to Van Buren,Arkansas. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did i pass,approve,and adopt,by a vote of 4 for and D against,the foregoing Resolution at its t regular meeting held on the 20h day of September 2022. M ATTESTED: AP P FO P�yIIis Thomas e City ClerkPTreasurer City Attorney FINANCIAL STATEMENT AUGUST 2022 August,2022 Total Expenditures: $4,172,83 1.18 IThIs Includes the transfer of$2,453,000.00 American Rescue Plan funds to General Fund) I i RESOLUTION NO. 09-03-2022 R On the agenda next was to consider A RESOLUTION APPROVING A SIX THOUSAND DOLLAR ($6,000.00)BONUS TO ALL CITY AND'VAN BUREN MUNICIPAL UTILITIES EMPLOYEES WHO HAVE BEEN EMPLOYED SINCE SEPTEMBER 1,2022. The Clerk read the Resolution in its entirety. Council Member Petty arrived. Mayor Hurst stated that last week we all had a good discussion about the bonuses. There was a general agreement to provide $6,000.00 for all employees, and that you had to be employed by September 11t,2022. Mayor Hurst asked if there was any discussion. City Clerk Phyllis Thomas ask the Council to consider her for a bonus as well and that she not be excluded from this resolution. She also stated that elected officials are allowed to receive bonuses if approved by the council. City Clerk Phyllis Thomas stated that she has been employed by the City of Van Buren for over 24 years and a public servant for almost 30 years. Council Member Bell motioned to amend this resolution and include the City Attorney, City Clerk and the Mayor, seconded by Council Member Gifford moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Gifford,Petty,Wood,Bell,and Dodson. 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 Mayor declared the motion carried as there were five(5)AYES and zero(0)NAYS. The Mayor then declared the Resolution passed and signed same in open Council,duly attested by the City Clerk. TBE RESOLUTION WAS GIVEN THE NUMBER 09-03-2022 CITY OF VAN BUREN,ARKANSAS ' RESOLUTION No.09 -a 3-2022 BE IT ENACTED BY THE CITY COUNCIL,FOR TBE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE E1,117T.ED: A RESOLUTION APPROVING A SIX THOUSAND DOLLAR($6,000.00) BONUS TO ALL CTTY AND VAN BUREN MUNICIPAL UTILITIES EMPLOYEES WHO HAVE BEENEMPLOYED SINCE SEPT.EMBER 1, 2022. WBEREA S, the City of Van Buren City Council authorizes a six thousand dollar (6,000.00) bonus to all City and Van Buren Municipal Utilities employees who have been employed since September 1,2022. NOW,TB EREFORE,BE IT RESOLVED BY THE CITY COUNCIL, OF VAN BUREN,ARKANSAS,THAT: SECTION I: All City employees, including the Mayor, City i Clerk/Treasurer, and City Attorney, and Van Buren Municipal Utilities employees who have been employed since September 1, 2022, shall receive a six thousand dollar($6,000.00) bonus to be paid out of the City's general fund using American Rescue plan Act funds. 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 o against,the foregoing Resolution i at its regular meeting held on the 20h day of September 2022. (i i Jos p.Aurst Maydr ATTESTED: APPROVED AS TO FORM: . _ ! 1? llis Thomas c City Clerk/Treasurer City Attorney ORDINANCE 31-2022 On the agenda next was to consider AN ORDINANCE TO'WAIVE COMPETITIVE BIDDING AND AUTHORIZE TIM PURCHASE OF A POLICE VEHICLE FROM SUPERIOR CHEVROLET OF SILOAM SPRINGS; FOR THE APPROPRIATION OF FUNDS; DECLARING AN ENIERGENCY; AND FOR OTHER PURPOSES. The Cleric 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 Bell. The Council followed with a unanimous vote. The Cleric 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 Cleric then read the Ordinance the third and final time. Mayor Hurst asked Chief Hammond to speak on the purchase of the new vehicle. Chief Hammond explained this will be a special purpose vehicle for the K-9 Officer. The Van Buren School District is buying a drug sniffing K-9 that will be assigned to the schools. This vehicle will be assigned to one of our current school resource officers and will be the K-9 handler. There will be additional equipment we will purchase separately to provide safety for our K 9 dog. 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 Cleric's calling the roll,the following vote resulted:AYES—Council Member Gifford,Petty, Wood,Bell, and Dodson. 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 Gifford,Petty, Wood,Bell, and Dodson. NAYS—None. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. ORDINANCE 31-2022 ORDINANCE 31-20222 coat. , COPY OF VAN BUREN,ARYANSAS ORDINANCE NO.31-2022 BE IT ENACTED BY THE C1Ty COUNCIL,FOR THB CITY OF VAN BUREN,ARI?ANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND A=ORIZE THE PURCHA SE OF A POLICE VEHICLE FROM SUPERIOR CIIEVROLET OF SILOAM SPRINGS; FOR TM APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of certain police vehicle for the safety of life and protection ofproperty bythe City of VanBuren Pollee Department;and WIMREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined that the purchase of this vehicle from Superior Chevrolet of Siloam Springs would be the most practical,feasible,and cost-effective method for the department;and WHEREAS, the City Council has determined,pursuant to A.0 A §14-58-303(h)(2)(B),that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible;and ' NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY TM CITY COUNCIL or' TEZ CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Police Deportment of the City of Van Buren,Arkansas has an immediate need to purchase a2022 Chevrolet Tahoe,for the total a=of$55,280.53. SECTION 2: The purchase of said vehicle from Superior Chevrolet,located in Siloam Springs, Arkansas,for the total sum of S55,280.53 are detailed is the attached quote,and are necessary to protect the life and safety of Van Buren citizens. SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(h)(2)(B)hereby waives the requirement of competitive bidding and directs the Mayr to Purchase the above-described vehicle for the price set forth in Section 2 above. SECTION 4: It is fiuther found that due to the immediate need to acquire this vehicle before the quote expires,an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety,and welfare;it shall take effect from and after its passage and approval. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable, and,if any section or part of a section,or any provision or part of a provision herein,is declared to be unconstitutional,inappropriate,or invalid by any court of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. , i IN WITNESS WHEREOF,the City of Von Boren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 5 for and O agaiust,the foregoing Ordinance at its regular meeting t hold on the 261h day of September 2022. oseph .H ��� ATTESTED: APPROVED AS TO FORM' P*Ihs Thomas Sa we City ClerkMreasuurer CityAttomey ORDINANCE 32-2022 On the agenda next was to consider AN ORDINANCE LEVYING(RENEWING)TIDE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR TEE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2022; 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 Gifford. 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 was placed on the third and final reading. The motion was seconded by Council Member Gifford. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Mayor Hurst stated that this is an ordinance levying the millage tax for 2022. Mayor Hurst also wanted to emphasize that this is not a new tax and not anew millage,we are just continuing the existing tax. We are required every year to bring this before council and approve. 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 Gifford,Petty, Wood,Bell, and Dodson. NAYS—None. The Mayor declared the motion carried as there were five(5)AYES and zero (0)NAYS. Motion was made by Council Member Dodson and seconded by Council Member Petty that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted:AYES—Council Member Gifford,Petty, Wood,Bell, and Dodson. NAYS—None. The Mayor then declared the Ordinance passed and signed same in open Council,duly attested by the City Cleric. ORDINANCE 32-2022 i ®RI)INANCE 32-20222 cant. CM OF VAN BUREN,ARICANSAS i ORDINANCE NO.3,�d -2022 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE I EVYING(RENEWING)THE MILEAGE TAX FOR THE CITY GENERAL MUNICMAL PPURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2022;DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas,is duty incorporated under the laws of the State of Arlransss,with all powers,authority and duties of a city of the First Class;and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of tho health, safety and welfare of the inhabitants of the City of Van Buren,Arkansas,and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect;and t WHEREAS, the City of Van Buren,Arkansas,must have funds for its municipal operations,and can only obtain the requisite fituding to continue its current level of services to its i citizens by renewing the levy of a 2 mill tax on real and personal property,for the general municipal purpose ofthe City,and by renewing the levy of a 1.4 mill tax on real and personal property tax for the Vary Buren library maintenance purposes. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARYANSAS,THAT: SECTION I: The rats of all real and personal property taxes in Van Buren,Arkansas,forth*year 2022,for general municipal purposes under the authority of Section 4,Article X14 of the Constitution of 1874,of the State of Arkansas,be,and the same is hereby affixed at i 2 mills on the dollar of the psessed valuation of all real andpersonal property subject to taxation in the City of Van Buren,Arkansas,for the year 2027,for general municipal purposes. SECTION 2: The rate of all real and personal property taxes in the City of Van Buren,Arkansas,for the year of 2022,for the maintenance of a City Public Library,under the authority of a vote of the people of the City of Van Buren,Arkansas,and the City General Elections held an the 71h day of ApriL,1942,(1 mill)and the Sth day ofNavember, 1994,(A mill),be,and the same is hereby affixed at 1.4 mills on the dollar of the assessedvalnntion of all real and personal property subject to taxation in the City of Van Buren,Arkansas,for the year 2022,for the library maintenance purposes, subject to the provisions of Act No.848 of 1981;the same being"adjustment or rollback of tax rates due to increase in aggregate valuation of taxable property." SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk of Crawford County,Arkansas,in order that the Qttomm Court of Crawford County, II Arkansas,may include the same in the generablevy of the year 2022 and cause the same to be extended upon the tax books and collected as required by law. SECTION 4: This Ordinance being immediately necessary to obtain revenue to pay expenses of the City Government for the City of Van Buren,Arkansas,and necessary in providing for the immediate preservation of the public peace,health,and safety,an emergency is declared to exist and this Ordinance shall be,take effect,and be in force after its passage and publication IN WITH+LSS WHEREOF,the City of Van Buren,Arkansas,by its City Council,didpass, i approve,and adopt,by a vote of 9 for and 0 against,the foregoing Ordinance at its regularmeehng held on the 26i°day of September 2022. osep ?.Burst ATTLt5TED: APP TO FORM phyllis� scab el City Clerk/treasurer Ct may ORDINANCE 33-2022 On the agenda next was to consider AN ORDINANCE TO ABANDON A PUBLIC STREET RIGHT OF WAY IN THE STEVENSONS ADDITION,INSIDE THE CITY OI''VAN BUREN, CRAWFORD COUNTY,ARICANSAS. 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 Bell. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Mayor Hurst asked Wally Bailey to speak on this matter. Wally Bailey,Planning Director,stated that this was an undeveloped right of way. Mr.Bailey gave a visual presentation with maps and surveys of this right of way. 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 Gifford,Petty,Wood,Bell, and Dodson. 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 Clerlc. ORDINANCE 33-2022 ORDINANCE 33-20222 coat. CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.a-2022 BE IT ENACTED BY TBE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ABANDON A PUBLIC,SML,T RIGHT OF WAY IN THE STEVENSONS ADDITION,INSIDE THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas,on the 11 th day of August,2022 by Cox Investment Properties asking the City of Van Buren to vacate and abandon all that portion of a public street right of way lying East ofLots 1 through 9 of Black 1 of Stevensons Addition to the City of Van Buren,Arkansas. WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard on the question of abandoning the alleyway in the hereinabove subdivision, and has ascertained that the public alleyway hereinabove designated has therefore been dedicated to the public use as apublic alleyway and that the same has not been usedforaperiod ofmore thaafive(5)years preceding this date;and thattheowners of the property abutting the public alleyway to be abandoned have filed with the City Council or have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by abandonment of said public alleyway;and VIBEREAS, the City Council of Van Buren,acting under the authority ofA-C.A.14-199-103 and A.C.A.14-301-302,has the authority to abandonpublic alleyways or segments thereof. NOW,THMIEFORE,BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF VAN BUREN,ARKANSAS,THAT: SSECTTON 1: The City of Van Buren,Arkansas,hereby releases,vacates,and abandons all its rights,together with the rights of the public generally,in and to the public street right of way specifically designated as follows; Description oMdstine Street Right of Way Part of the 40.00-foot Road Right of.Way East of Lots I through 9 of Block i of Steveasons Addition to the City of Van Buren,Crawford County,Arkansas being more particularly described as follows: i Beginning at a point merkhtg the Southeast Comer of Lot 9,BIack 1 of said Stevensons Addition.Thence along the.East line of Lots 9 through 1,Block 1 of i said Stevenson Addition,North 01 degrees 48 minutes 35 seconds East,297.00 feet to a point marking the Northeast Comer of Lot 1,Block 1 of said Stevenson Addition.Thence South 88 degrees 11 minutes 25 seconds East,40.00 feet to a set rabar with cap.Thence South 01 degrees 48 minutes 35 seconds West,297.00 feet to a set rebar with cap.Thence North 88 degrees 11 minutes 25 seconds West, 40.00 feet to the Point of Beginning,containing 0.27 acres. SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk shall be filed in the Records of the Circuit Clerk of Crawford County, Arkansas. IN WITNESS WBEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of for and 0 against the foregoing Ordinance at its regular meeting held on the 26"day of September 2022. Sep P.Hurst ayor ATTESTED: APPROVE O FORM: Phyllis m'as aco etl City Clerk/Treasurer City Attorney 4 ORDINANCE 34-2022 r On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE NO. 1.5-1972; AND FOR OTHER PURPOSES. The Cleric read the Ordinance in its entirety. Council Member Dodson moved that the rules be suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member Petty. 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 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. Nally Bailey,Planning Director,to speak on this ordinance. Mr.Bailey stated this ordinance will prohibit parking on the certain streets within the City of Van Buren. The list of streets is a result of citizen concerns about difficulty maneuvering on the streets, blind spots created by cars parked on curves and hills,public safety concerns by the police department,inability to traverse the streets with fire department equipment and problems for other emergency service equipment. Mr. Bailey also gave a visual presentation. The Mayor asked if there was any further 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 Gifford,Petty,Wood, and Dodson NAYS—Council Member Bell. The Mayor declared the motion carried as there were four(4)AYES and one(1)NAYS. The Mayor then declared the Ordinance passed and signed same in open Council,duly attested by the City Clerk. ORDINANCE 34-2022 CITY OF VAN BUREN,ARKANSAS ORDINANCENO,Sq-2922 ' BE IT ENACTED BY THE C11Y COUNM FOR THE CITY OF VAN BUREN, ARICANSAS,AN ORDINANCE TO BE ENTITLED: : AN ORDINANCE AMENDING ORDINANCE NO.15-1972; Lexington Circle(offLexingtoaDr) AND FOB OTHERPURPOSES. T—Fogton Drive(North 24"to deadend of street) M W Tam(Darlafaae to Rena Elementary School) WHEREAS, Parking on cams(t streets within the City of VaaBurca poses a danger to vehicles North 10ih Street(Pointer Trail South to terminus at cul-de-sac(address range unlit ng the roadway and Impedes access of emergency parsoanei;and 1415-1515) Owen St(S 37e to cul-de-sat) I WHEREAS, The Planning Commission held a public hearing regarding restricting parking on , Parkvlew Street(130 Street to 20's Steel) certain streets in addition to those listed in Ordinance No.15-1972,as amended, Pearl Circle(Samistane to culde-sac) within the City of Van Buren;and I Prinwma Ct(og37a St) WHEREAS Attar the public hearing,the Planning Commission recommends that puking on Princeton St(S 39"to S 40'-) additional streets in the City of V=Burm beproldbited;and Quartz Circle(Sandsioaa to terminus at cul-de-sea) Sareloga Court(Lexington Dr to eul-de-sao) WHEREAS, Ordinance No.15-1972,as amended,was previously enacted limiting parking on South 37"St(Kingsbury to Owen) i certain streets within the City;and South 39"St(Kingsbeay to Owen) I South 39eSt(Kingsbcny to Owen) WHEREAS, Ark.Code Am.Section 2749-106 provides that the City Council has the authority Topaz Way(Cloudbridge to Quartz) to regulate the parking of vehicles an the streets and highways within the City and Trenton Circle(offHeritaga Dr) to provida alga notifying the public of the regulation,and Trenton Drive(Pointer Tf to cal-dr sae) t Wellington St(S 39ato S 40) i WHEREAS, the City Council for the City of Vm Bturn desires to limit parking on additional Yorktown Drive(Pointer Trail to Heritage Drive) i streets within the City to protect the health,safety,andweHnro of its citizars. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF TIM SECTION 2:The various provisions and parts of this Ordinance are hereby declared to be CITY OF VAN BUREN,AItICANSAS,THAT: severable,and,if m so y section or part of a section,or y provision or part of a provlsioaherein,Isdeclaredtobemconstitatiomnl,inappropriate,orinvalidbyany i SEM70141:Section 1(b):Parsuaat to the authority granted by A.C.A.127-49-106,adds the court of cmnpateat jurisdiction,such holding sball not lavalldate or affect the I following streets that parking is problbikd oswithin the City of Vero Burem remainder of tbis Ordimnae'and to that extent theprovisioas hereto uo declared to be sevemble. Anna Sue Road(fram Lisa Lam to UmuLane) , Brandywine Ca(oti•Heritage Dr) INWITNESS WHEREOF,the City of Vrn rkam Buren.Aas,by its City Council,did t Brandywine Court(offlleritageDr) I pass,approve,and adopt,by a vote of 4 for and 2 agafast,the foregoing Ordinance at Its Bunker Hill Court(oHHeritage Dr) regular meeting held oathe 26th day of September2M BunkcrHill Drive(HedtagaDr to Hcritaga Dr) Cloudbridge Drive(Sandstone to Toper) Concord Court(of Iledtage Dr) Heritage Drive(Bunker Hill to Saratoga Dr) i Toe t Highland Ave(Renandto Boulder Dr) Mayor HingsburyDr(S 37a to S 40) t ATTESTED: APP AS TOF 1 i 1 Phyllis Thmnas o City Ctcrkrr=.r City Attorney t i ORDINANCE 35-2022 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 TEE CITY OF VAN BUREN,AR]KANSAS,AMENDING THE ZONING MAP OF THE CITY 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 Wood. 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 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,Planning Director,to speak on this ordinance. The City received a rezoning application for properly in the 600 block of Parkview Street. The property is located between the new Dollar General at 601 Parkview Street and the entrance into Parkview Elementary School. The purpose of rezoning is to facilitate the development of a multi-family development consisting of 8- duplex buildings. Mr. Bailey also gave a visual presentation. The Mayor asked if there was any Anther discussion.There was none. Motion was made by Council Member Wood and seconded by Council Member Petty to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted:AYES—Council Member Petty,Wood,Bell and Dodson NAYS—Council Member Gifford. The Mayor declared the motion carried as there were four(4)AYES and one(1)NAYS. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. ORDINANCE 35-2022 ORDINANCE 35-20222 cont. CITY OF VAN BUREN,ARKANSAS , ORDINANCE NO.56-2022 ' t BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ! ARKANSAS AN ORDINANCE TO BE BN=FD: 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 OTHER PURPOSES. ` WHEREAS, the City of Vaa Buren,Arkansas,is duly incorporated under the law of the State afArkansas,with all powers,authority,and duties of a city of the fast class;and WHEREAS, the City o£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 820 West 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 on August 20,2022,and a public hearing was conducted as required by law(A.C.A 14-56-422)on September 6,2022;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 C-2 Thoroughfare Commercial District R 3 Multi-Family Residential La&Descrintien: Lot 2,PBGH(Parkview)Subdivision WHEREAS, the proposedrazoningherein was reenmmendedbya majority vote oftheentire Planning Commission,in accordance with A.C.A.14-561122. I NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION I: The above described property is hereby rezoned from C-2 to R-3 and the Van Buren Zoning Map is 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-4—for and-'CJ against;the foregoing Ordinance at its regular meeting held on the 2e day of September 2022. sep P.H , yar i ATTESTED: APPR ORM: City ClerkMeasurer City Attorney i Next on the agenda was Miscellaneous and General Discussion Mr, John.Pope with Deep Van Buren Beautiful, spoke. Mr.Pope stated that River-Cleanup-Org ask Van Buren to be a part of a cleanup with Bekaert Steel. They all decided on a cleanup at Lake Lou Emma. Both Bekaert Steel and River-Cleanup-Org are both International Companies and both are headquartered in Belgium. The gentlemen who coordinated this event for River-Cleanup had been involved in the past and currently for several hundred events in Europe. He flew from Europe to New York City and had 3 cleanups there before arriving in Van Buren. Mr. Pope stated that this was significant. Wally Bailey stated that John Karsten, Street Dept. Supervisor, and Street Crew have started doing some work on the park at 11'll street. Hopefully by the middle of October the playground equipment will be here. There being no further business,motion was made by Council Member Gifford and seconded by Council Member Dodson to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:33 p.m. ATTESTED: APPROVED: CI CLE -TREASURER Y R