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10/17/2019 MINUTES WEST MEMPHIS CITY COUNCIL October 17, 2019 A regular meeting of the West Memphis City Council was held on Thursday, October 17, 2019, at 5:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas Invocation was given by Council Member, Helen Harris followed by the Pledge of Allegiance led Cby Council Member Pulliaum. Mayor Marco McClendon called the meeting to order at 5:00 L p.m. Deputy City Clerk, Patricia Lane, called the roll.Those present were, Mayor Marco McClendon City Attorney Michael Stephenson, City Treasurer Frank Martin and Council Member, Wayne Croom, Helen Harris,lames Holt, Melanie Hutchinson Lorraine Mohammed, David Murray, Willis Mandy,lames Pulliaum and Charles Wheeless. Absent were Council Member Tracy Cott. Quorum being present Mayor McClendon proceeded with the meeting. BID OPENINGS: PARK& RECREATION INSTALLATION OF PARK BENCHES AND TABLES FOR ALL CITY PARKS Parks & Recreation Director Lorenzo Parker stated the City Parks were overdue for a refresh so he would like to replace the benches and tables at each of the parks, except Grimsley Park and Horton Park which have already been replaced. Director Mr. Parker also stated that the funds would come from money previously placed in the budget for the purpose of Wear &tear of the equipment. Council Member Pulliaum made a motion, seconded by Council Member Mandy to accept the bids as presented and refer them back to administration for distribution. Upon voice vote,the voting was unanimous to approve. MINUTES: Council Member Pulliaum moved, seconded by Council Member Wheeless to dispense with the (� reading of the minutes of October 3, 2019 City Council Meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve ` OLD BUSINESS 2nd Reading AN ORDINANCE OF THE CITY OF WEST MEMPHS ARKANSAS (MUNICIPAL CAPITAL BUILDING PROJECT) City Attorney Stephenson read the Ordinance for the SECOND time by title only. Council Member Croom made a motion, seconded by Council Member Pulliaum to further suspend the rules and place the Ordinance on its third and final reading. City Attorney Stephenson read the Ordinance by title only for the Third and Final time. Discussion followed, City Attorney Stephenson said they needed to amend the Ordinance to reflect the meetings where they changed the interest rates and total amounts not to exceed a certain amount, as well as changes in paragraph 11 with regards to the City having an established account for this purpose. There were also mentions of taxes throughout that were deleted. Council Member Pulliaum made a motion, seconded by Council Member Croom to accept the recommendation. Upon voice vote, the voting was unanimous Council Member Pulkaum made a motion, seconded by Council Member Wheeless to approve the Ordinance. Upon voice vote,the voting was unanimous. Mayor McClendon asked for a roll call vote. Deputy City Clerk Patricia Lane called roll.The all call vote was as follows. YES: Council Member: Croom Harris, Holt, Hutchinson, Mandy, Murray, Mohammad, Pulhaum and Wheeless NO: Council Member: None ABSTENTION, None ABSENT: Catt With 9 yes votes, 0 no votes 0 abstentions and 1 absent the Ordinance passed. The Ordinance was adopted and assigned No. 2522 NEW BUSINESS: 0-2 AN ORDINANCE GRANTING AN EXTENSION OF THE MORATORIUM ON THE ISSURANCE OF ANY NEW CERTIFICATES OF OCCUPANCY FOR USED AUTOMOBILE RELATED BUSSINESS INCLUDING AUTO REPAIR GARAGES:AUTOMOBILE/TRUCK SALES, USED;AUTOMOBILE WRECKING, SALVAGE OR JUNKYARDS;AUTOMOBILE PAINTING OR BOATS/MARINE RENTAL, REPAIR, OR SALES, USED; AND, MOTORCYCLE SALES AND SERVICES, USE AND OTHER LIKE FACILITIES IN THE CITY OF WEST MEMPHIS UNTIL DECEMBER 20,2019; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO SUBJECT,AND FOR OTHER PURPOSE. Council Member Pulliaum made a motion, seconded by Council Member Croom to table 0-2. Upon voice vote, the voting was unanimous to TABLE. Council Member Pulliaum made a motion, seconded by Council Member Croom to add 0-2 with the amendments to the agenda. Upon voice vote, the voting was unanimous. Council Member Pulliaum made a motion, seconded by Council Member Croom to read 0-1 and 0-2 by title only. Upon voice vote, the voting was unanimous. 0-1 AN ORDINANCE TO AMEND THE WEST MEMPHIS ZONING ORDINANCE 1988,AS AMENDED,ARTICLE III, SECTION 2-B PERMITTED USES, SECTION 2, 18-PERMITTED USES, ARTICLE X, SECTION 2-DEFINITIONS, AND APPENDIX A,TABLE OF PERMITTED USES City Attorney Stephenson read the Ordinance for the FIRST time by title only. Council Member Pulliaum made a motion, seconded by Council Member Mondy to suspend the rules and place the Ordinance on it second reading. Upon voice vote the voting was unanimous City Attorney Stephenson read the Ordinance for the SECOND time by title only. Council Member Pulliaum made a motion, seconded by Council Member Wheeless to further suspend the rules and place the Ordinance on its third reading. Upon voice vote,the voting was unanimous City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only. Council Member Pulliaum made a motion, seconded by Council Member Croom to approve the Ordinance. Discussion followed: Council Member Mohammad asked if the public had been notified. City Attorney Stephenson. stated that a public meeting was held, and it was posted in the newspaper as required. There being no further discussion. Upon voice vote, the voting was unanimous to adopted. No 2524 0-2 AN ORDINANCE GRANTING AN EXTENSION OF THE MORATORIUM ON THE ISSURANCE OF ANY NEW CERTIFICATES OF OCCUPANCY FOR USED AUTOMOBILE RELATED BUSSINESS INCLUDING AUTO REPAIR GARAGES:AUTOMOBILE/TRUCK SALES, USED;AUTOMOBILE WRECKING,SALVAGE OR JUNKYARDS; AUTOMOBILE PAINTING OR BODY REBUILDING SHOP; AUTO WRECKER SERVICES; BOATS/MARINE RENTAL REPAIR OR SALES, USED; AND MOTOR CYCLE SALES AND SERVICE, USED; AND, OTHER LIKE FACILITIES IN THE CITY OF WEST MEMPHIS UNTIL DECEMBER 20,2019 MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. City Attorney Stephenson read the Ordinance for the FIRST time by title only. Council Member Pulliaum made a motion, seconded by Council Member Croom to suspend the rules and place the Ordinance on it second reading. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the SECOND time by title only. Council Member Pulliaum made a motion, seconded by Council Member Croom to further suspend the rules and place the Ordinance on its third reading. Upon voice vote,the voting was unanimous. City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only Council Member Croom made a motion, seconded by Council Member Mondy to approve the Ordinance. Discussion followed: Council Member Harris asked City Attorney Stephenson to give a brief explanation of the Ordinance. City Attorney Stephenson explained that they are currently making changes to the Zoning Ordinance regarding these types of business that require a special use permit.The new law would not go into effect until after 30 days and there would be a gap since the current Moratorium would expire on October 20,2019,they are asking for an extension of the Moratorium. There being no further discussion. Council Member Pulliaum made a motion, seconded by Council Member Mondy to adopt the Ordinance The Ordinance was adopted and assigned. No.2523. Council Member Pulbaum made a motion, seconded by Council Member Harris to add the Emergency Clause in Section 4 Upon voice vote, the voting was unanimous to ADD the Emergency Clause. Council Member Pulliaum made a motion, seconded by Council Member Wheeless to adopt the Emergency Clause in Section 4. Upon voice vote,the voting was unanimous Mayor McClendon redirected Council back to 0-1 after reading out 0-2 for discussion PERMISSION REQUEST: PERMISSION TO DISTRIBUTE COUNCIL MEMBER HELEN HARRIS CHARITY FUNDS TO 550.59 WONDER CITY BOYS AND GIRLS CLUB AND 550.60 TO L.R JACKSON ACTIVITY CENTER Council Member Pulliaum made a motion, seconded by Council Member Mondy to distribute Council Member Helen Harris Charitable funds of$550.59 to the Wonder City Boys and $ 550.60 to the L.R Jackson Upon voice vote, the voting was unanimous to approve. PERMISSION TO ACCEPT 2020 INSURANCE PLAN-MR TRACY CATT Council Member Pulliaum made a motion, seconded by Council Member Mondy to accept the 2020 Insurance plan as presented. Upon voice vote,the voting was unanimous. Discussion followed Council Member Pulhaum asked City Treasure Frank Martin to give a brief explanation of the proposed plan. City Treasure Martin stated the plan is the same as the 2019 plan. The Employee Health Plan will increase from $50 dollars a month to $52 dollars a month. Family Health Plan is currently$420.00 a month and will increase to 430.00 month. Employee Dental Plan will remain free. The Retirees Dental Plan will be $19.88 a month.The Family Dental Plan is currently $48 82 a month and will increase to $50.78. The Employee Life Insurance will still be covered under Cigna at no cost to the employees, but the cost to the City will increase from $635 to$650 a month. With no further discussion. Upon voice vote, the voting was unanimous to approve. COMMITTEE REPORTS: AIRPORT COMMISSION: Council Member Wayne Croom presented the Airport Commission report:The Airport Commission met on October 17,2019. The Commission reviewed the resume of Mr. Don Underwood for consideration to fill the Airport Commission s vacant seat. ADVERTISING & PROMOTIONS Council Member Pulbaum presented the Advertising and Promotions report.The Advertising and Promotions Committee meet on September 18,2019, at 4pm. In July the Civic Center hosted 0 events, In lune the Eugene Woods Civic Center hosted 22 events with 2020 guest. The Commission voted to approve a sponsorship request from Outdoors Inc and the Grit and Gravel bicycle race to be held on November 3, 2019 at the Big River Park. The Commission also voted to approve funding request for two Blues shows. One to (L be held at West Memphis VFW on November 9, 2019 and one at the Civic Auditorium on November23, 2019.The Commissioners agreed again to fund the Christmas lights and decorations around West Memphis. Commissioners meet with Architect Roddy Geary to discuss a more detailed plan for the exterior of Civic Complex buildings WEST MEMPHIS UTILITY Council Member Pulliaum presented the West Memphis Utility report October 12,2019 at 11am The Safety Director Brett Sims reported that there have been 32 days since last recorded injury, 730 days since last lost time injury and 4 recorded injuries year to date. The General Manager Todd Pedersen presented the Personnel update. He stated there were no new hires and we have 11 positions open. Ton Perry presented a Finance update. Tori presented statements of cash activities for January through August 2019. General Manager Todd Pedersen presented Executive Session. CHAMBER COMMITTEE Council Member Wheeless presented the Chamber Committee a report. Council Member Wheeless reported that the Chamber Committee met on October 9, J 2019. The Chamber has two new board members. Council Member Wheeless announced that on October 19. 2019 the Civic Center will be hosting the Great Steak Cook Off from 12pm-6pm On October 21, 2019, there will be a Networking luncheon at 12:00 pm at ASU Mid-South Hospitality Center. On October 25,2019 there will be a Steudlein Charity Golf Tournament at the Marion Golf Club starting at 9:00 am. On October 29, 2019 they will be doing a State Chamber door to door luncheon at Southland Casino at 11:30 am and on October 31,2019 ASU Midsouth Halloween Bash will be at 4:30pm. The Meadowbrook Halloween Spooktacular at the Meadowbrook County Club will be from 6:00 pm-to 9:OOpm. Council Member Wheeless made a recommendation to add the Budget Recommendations from the Budget Committee and the recommendation for the Mayor to fill the Victim Advocacy Director, funded but not filled in the WMPD Budget, with a new position of Community Resources Director with a salary of 53,000.00 per year. Upon voice vote, the voting was unanimous to add to agenda. Council Member Mohammad made a motion seconded by Council Member Wheeless to approve the agenda. Personnel Committee: Council Member Hutchinson presented the Personnel Committee report. The Personnel Committee met on October 15.2019 at 12:00 pm. The Committee proposed sick and vacation time for new employees after 90 days of employment. The Committee will have their proposal prepared for City Council at the November 3, 2019 Council 1 meeting The Human Resource Department, Finance and Utilities Department are working to J set up the approved Kronos Time Keeping System, the system will go into effect at the beginning of 2020.The Health Fair will be October 31 ,2019 from 11:00 am to 2:00 pm. Flu shots will be administered for Free. The Health Fair will be at the Eugene Woods Civic Center. APPOINMENTS: AIRPORT COMMISION APPOINTMENT M.DON UNDERWOOD (SEE MATERIAL IN PACKETS) APPOINTED BY WAYNE CROOM The resume of M. Don Underwood was passed out to Council for their consideration. The Council will vote on the appointment at the November 3, 2019 Council Meeting PRESENTATIONS: NONE ANNOUNCEMENTS: Council Member Croom announced that families in Transition will have a fund raiser October 19,2019 from 10:00 am to 2:00 pm at Tilden Rodgers Park located at 825 N. Airport Road in support of women and domestic violence and human trafficking. CITIZEN REQUEST: CEO, Ms. Donna Wheeless, came before Council to announce the opening of The Hope of Delta Center in the City of West Memphis. Having no further business to come before the City Council, Council Member Pulliaum moved, seconded by Council Member Wheeless to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 05:38 p.m PASSED and APPROVED this 7`h day of November 2019. —'7 c-o ARCO MCCLENDON, MAYOR ATTEST: ;9� GRAY, CITY CLE K Minutes prepared by, Starr Kelly, Jr. Deputy City Clerk $550.59 Wonder City Boys & Girls Club Helen Harris 550.60 L R Jackson Activety Center 181-645-00 $1,101.19 ,ECE A/�v CIe n ffi�e n Q meG�C ' �c0/ r Health Insurance, including Life Insurance & Dental Insurance 2020 Coverage Health Insurance Singles $562.59 $162,025.92 Families $1,521.06 $103,432.08 Gap Coverage Singles $50.19 $14,454.72 Family Coverage W/Spouse $109.45 $1,313.40 Children $96.19 $673.33 Both $154.77 $7,583.73 Dental Insurance Single $19.88 $7,534.52 Life Insurance Single $2.40 $854.40 $273,846.92 Employees Share of Health $52.00 $18,668.00 Retirees Share of Dental $19.88 $397.60 Retires Share of Health $2,930.00 Budgeted - Single $650.00 $231,400.00 Budgeted - Family $430.00 $30,100.00 Shortage -$9,648.68 $273,846.92 t 2020 Insurance Plan Year City of West Memphis Major Medical Current Rate Renewal Rate Aetna &AmFirst Single $539.47 $562.59 Family $1457.53 $1,521.06 Vision Current Rate Renewal Rate Arkansas Blue Cross Single $7.52 No Change O °� h«e a 5 Q 0 Family $20.28 No Change / Dental Current Rate Renewal Rate Delta Dental --+ Single $19.12 $20.46 -7 7o Family $67.94 $72.70 Life Current Rate Renewal Rate —7 Cigna Single No Change RECAP WEST MEMPHIS UTILITY COMMISSION October 10, 2019 The West Memphis Utility Commission met in regular session on this date at 11:00 am. Safety Director Brett Sims reported that there was 32 days since last recordable injury, 730 days since last lost time injury and 4 recordable injuries year to date. General Manager Todd Pedersen presented the Personnel Update. He stated that there were no new hires for the month of September. The Utility currently has 11 open positions. The next item was Financial Update. This was presented by Accountant Tori Perry. She presented a statement of cash activities for January through August 3019. The last item was Employee Executive Session. This was presented by General Manager Todd Pedersen. No action taken. West Memphis Advertising & Promotion Commission Meeting September 18th, 2019 Report The West Memphis A & P Commission met on September 18th at 4 p.m. In July, the civic auditorium hosted 0 events with 0 guest. The Eugene Woods Civic Center hosted 22 events in June with 2020 guest. The commission voted to approve a sponsorship request from Outdoors Inc. Grit and Gravel, a bicycle race to be held Nov 3 at the Big River Park. The commission also voted to approve funding requests for two Blues shows. One to be held at the West Memphis VFW on Nov 9 taw and one at the Civic Auditorium on Nov 23. The commissioners were in agreement to again fund Christmas lights and decorations around West Memphis. Commissioners met with Architect Roddy Geary to discuss a more detailed plan for the exterior of the Civic Complex buildings. With no further business, the meeting was adjourned at 4:45pm End of Report - ii ) /�� G�.�.��,oe-rte /.lAs� /�z,�, ,✓e�.,� �e-K/.v'�.�5•�7'VG�v ) --------------- ! z `y> f 6f'�� A-fc;' �� CJGf .Z l S7_ - Aim I("-; NLr LH.vGh CG.v C72 ./.;G-v > . f,( i9su //z � v��, z9t�., �N'/�`,�,,� s •5>�7`c ���.�ei2a�� �o /Jaalt uNrh LOwl �f )L, 741, erg -- dc# Scl -s 6 t A/ 7�6Glow« r mss/ ,�Qas✓ �'.fmo/�S 7%FLLcwre,✓ .S�/i'�i,�ta.L.�/C ��'%%-'�) Yr lb Personnel Committee Meeting 12:00 pm-1:OOpm Agenda: • Proposing sick and vacation time for new employees after 90 days of employment. Committee will have their proposal prepared for city council November 2019. • The HR, Finance and Utilities department are working to set up the approved Kronos time keeping system matters. The system is set to go into effect at the beginning of 2020. • Health Fair- October 31, 2019 11:OOam-2:OOpm. Flu shots will be administered. The health fair will be at the Eugene Woods Civic Center M.Don Underwood P.O.Box 35,Mama AR 72364 870-830-2222 mit @Premierbankancom Experience 2002-Present President/CEO FCBEA /Premier Bank of AR Marion,AR •Reponsiblejar the overall direction and administration ofpmgramr,products, and sermres provided by the bank. •Responsiblefor Bank'sfin andalperformanre, credit quality, business development, operations, regulatory compliance, and risk management. •Reponsiblefor making sure the Banks activities operate in a safe and sound manner. -Executes current and long range strategicplans, budgets,goals, and objectives to result in posikvegmadb, equity,pmfits, loans and deposits, return on assets, return on investments, quality and scope offinancial sennces, and seance to the rommumty in the best interest of the shareholders, the Board of Directors, customers, employees, and the public. -Provide the highest level of customer relations and service, and ensure coma i'a ire with Bank policies,procedures. and processes. 1990-2002 Bank of McCrory McCrory,AR EVP & COO •In charge of all operations of the bank and the entire staff 22 employees, reported to of-site President/CEO •Lendi'ng-All types of Loans(Lending Limits of;100,000 se,wred and;20,000 unsecured. • Board Meetings-Review Income Statement,Investment PoHfoho, Gap Reports,Audits,Polities, and other miscellaneous r. - Worked directly with State, FD.LC., and External Audits 4,, rn988-1990 FNB of Phillips Co. Helena,AR AVP • Lending-All types oflendi'ng. Worked with FmHA on some workoutAg-Loans. • Worked in a New Branch Environment in West Helena prior to being moved to Main Bank after a Sr. Lender Retired 1984-1988 FNB of Stuttgart Stuttgart,AR Loan Officer • Consumer Loans •Real Estate Loaxr both in house and Secondary Market I-oans 1983-1993 Farmer Stuttgart,AR Operated 400 arse rice,soybean and wheat farm 1982 I.H. Credit Corp. Memphis,TN Field Representative • Colketions L •Dealer Inventories Education B.S.A.,Agriculture University of Arkansas, Fayetteville,AR 1978-7982 University of Oklahoma Commercial Lending School Interests Tannenbaum Property Owners Association Chairman,Arkansas State Padce Retirement System Board Past Interests Crittenden Regional Hospital Board, Mrd-South Community College Foundation, Crittenden Regional Hospital Foundation Board,Espezanza Bonanza Board President, Hope House Ministries,McCrory Chamber Of Commerce President, 180 Chtrsdan Community Center(founder,past coordinator),Member ofFrrst Baptist Church, Marion Economic Development Committee R RECOMMENDATIONS FROM THE BUDGET COMMITTEE October 16, 2019 Permission to add to the agenda for the meeting of the West Memphis City Council at 5:pm on October 17th, 2019. 1) A resolution to confirm the payment of Engineering and Constructions cost associated with the West Memphis Public Library. 2) Permission to pay$ 109,741.15 to Barnes & Bower, Inc. (11 draw) on the West Memphis Library Project. 3) Permission for the Mayor to sign agreements to renew our Insurance Programs with: a. AETNA Health Insurance b. AmFirst Health Insurance c. Blue Cross/Blue Shield —Vison d. Delta Dental Insurance e. CIGNA Life Insurance ' 3A) Including the costs to the City and to the Employees la. Employee Health Cost $ 52.00 per month ($ 50.00) Family $ 430.00 per month ($ 420.00) 2a. Employee Dental Cost— Free ($ 19.88) 3a. Family Dental Cost - $ 50.78 per month ($ 48.82) 4a. Blue Cross/Blue Shield Vision - No increase ($7.52 & $20.28) 5a. CIGNA Life Insurance — No Change 6a. City share of Employee Benefit cost $ 650.00 per employee, per month ($ 635.00) 4) Permission for the Mayor to fill the Victim Advocacy Director, funded but not filled in the WMPD Budget, with a new position of Community Resources Director with a salary of$ 53,000.00 per year. Budget Meeting on 9-26-19 Budget committee voted unanimously to recommend these items to council for consideration: Members Present' Melanie Hutchinson Wayne Croom Tracy Catt Members Absent. Helen Harris David Murray (1) Do not transfer$150,000 from the 911 fund to the general fund as approved in the 2019 budget The police department is needing to complete some repairs and are working on getting estimates. Revenues are higher than projected, spending appears to be in balance, therefore the general fund should be ok for the year (2) Increase the budget from reserves to correct the electrical issue with the tower on Broadway which is estimated to be approximately$1,200. (3) The committee is in a neutral position with the$100,000 that was budgeted for the Roberta Jackson Neighborhood Center pending a legal interpretation to ensure compliance with regulations governing bond issuance. v %POO PURCHASE AND SALE AGREEMENT 1 (a) BUYER NAME(S): Public Private Partnership Cory,DBA The P3 Group IV,Its successors or mounted 2 (b) SELLER NAME(s): city of West Memphis `+r 3 (c) PROPERTY ADDRESS and/or DESCRIPTION: Buyer agrees to purchase,and Seller agrees of sell the real property identified as p Prop behind cnyhall hall, Memo is Arkmrsae 32301 see Exhibit A Attached Hereto)_ COWty.Arkansas 5 ' s (d) PURCHASE PRICE: S 1 00 one and Dona Dollars, T to be paid in cash or equivalent good funds at closing e (c) EARNEST MONEY:S -0- valid check or money order payable to Escrow Agent e/A 9 , whose address is. to will be promptly delivered to Escrow Agent no later than 5:00 PM,three(3)calendar days after the Acceptance Date. n (f) CLOSING,EXPIRATION,& POSSESSION DATE: on or before i iQw om .This is the date that the sale will 12 he closed,or thrs Agreement will exphe on flus date at 11:59 PM if itis is nota business day,this date will be extended to the 13 next business day Any other change in this date most be agreed in in writing by all parties.Possession of the entire property will 14 be given to the Buyer at the nine of closing,unless a different time of possession is agreed to in a separate Agreement 15 (g) ITEMS INCLUDED OR EXCLUDED: Included, if present, as part of the property sale all real estate, buildings, 16 improvements, appurtenances (rights and privileges), and fixtures n Other items included or the sale: 19 19 20 Items that are not included in the sale: 21 Leased items. 22 (h) CLOSING COSTS: Unless otherwise stated in Special Stipulations or Addenda, closing costs are to be paid as follows 23 Seller not may all Seller's existing loans, liens and related costs affecting the sale of the property,Seller's settlement fees, 24 real estate commissions,the balance on any leased items that remain with the property, and a title insurance policy with 25 Buyer to receive benefit of simultaneous issue.Any existing rental or lease deposits must be transferred to Buyer at closing 2e Rnver must nay transfer taxes, deed and deed of trust recording fees, association transfer fees, hazard and any other n required insurance,Buyers settlement fees,and all Buyer's loan related,or lender required expenses 28 to PRORATIONS, TAXES & ASSESSMENTS: The current year's property taxes, any existing tenant leases or rents, 29 association or maintenance fees,(and if applicable,any remaining fuel),will be prorated as of the date of closing Taxes for 30 prior years and any special assessments approved before date of closing must be paid by Seller at or before closing. If 31 applicable, roll back taxes or any tax or assessment that cannot be determined by closing date should be addressed in 32 Special Stipulations or Addenda and will survive the closing. 33 () SPECIAL STIPULATIONS:The following special snpulatrons,if in conflict with any language con od within the 3 pages of 34 this Purchase andSole Agreement will control 35 36 liThas transaction tingent upon the cityf i Memphis AR.executing a Lease Purchase Agreement vatin the Developer 33 for a municipal Courthouse 38 J9 2)The P3 Group at its sole discretion can assign this contract without any further approvals from the seller ao 3 This contract is wnbn ant a on the simultaneous execution of a lax exem t Lease Purchase A reement that will at return ownership o property to ilia city upon real Payment, Lubert a ease Agreement plus an atltlltona 1 uo)Dollar 42 (k) TIME IS OF THE ESSENCE:The failure to meet specified time hinds will be grounds for canceling this Agreement 43 (I)FAIR HOUSING AND EQUAL OPPORTUNITY: This Property is being sold without regard to race, color, sex, a religion,disability,marital status,family status,sexual orientation,age,ancestry,or national ongm Page 1 of 3 sa (.)FINANCIAL AND APPRAISAL CONTINGENCIES:This Agreement is contingent on Buyer obtamingloan(s)of Buyer's ss choice Buyer must deliver to Seller no later than 5:00 PM,ten (10)calendar days after the Acceptance Date either ss documented proof of available funds adequate to close,or a lender's conditional commitment letter proving that full loan n application has been made;the appraisal has been ordered;Bu}er's new loans)is not contingent on the sale of my other property( may/ ss unless otherwise stated in thus Agreement),Buyer has necessary cash reserves;and providing reasonable assurance of Buyer's 89 ability to obtain financing with rates,terms,payments and conditions acceptable to Buyer.Failure to timely provide proof of w available funds or commitment letter will be grounds for Seller to cancel this Agreement by delivering wnitenNonce to Buyer,and all 81 Earnest Money must be refunded to Buyer. 82 (n)Appraisal Contingency -this Agreement is also contingent on the appraisal value equaling or exceeding the purchase price If Ba any repairs are required by the lender,Buyer must deliver to Seller a written list oflenders required repairs.Seller most deliver ss to Buyer,no later than 5:00 PM,three(3)calendar days after receiving the repair list,a written Notice stating whether or not Seller 88 will complete the repairs before closing at Seller's expense If Seller does not agree to perform such repairs,or does not reply ss within the time limit,this Agreement will cancel,and all Earnest Money must be refunded to Buyer[see exception in(p)] If,at Br anytime,the financial or appraisal contingency is not satisfied,Buyer may cancel this Agreement by delivering to Seller a ss writenlotice of Cancellation,along with supporting documentation,and all EameslMoney must be refunded to Buyer fig (o)INSPECTION CONTINGENCY AND DUE DILIGENCE PERIOD:ThmsAgreement is contingent on Buyer's satisfaction 70 with all property inspections and investigations Buyer may use any inspectors of Buyer's choice,at Buyer's expense.Seller 71 must penin Buyer,and Bu)'er's representatives and inspectors,reasonable access for inspections,with all utilities in service at 72 Seller's expense.Buyer assumes all liability for any damage or loss caused by Buyer's or Buyer representatives' inspections or 73 investigations ofthe property r4 Due Diligence Period: All inspections and investigations must be completed with response to Seller no later than rs 5:00 PM, Ninety(90)calendar days after the Acceptance Date.During this due diligence period Buyer is strongly 7e advised to (A)investigate all matters Itemized in the Advisory to Buyers and Sellers(which is an Addendum to this rr Agreement),AND(B)perform any additional inspections and investigations desired,and verify any other matters of concern 7e to the Buyer,AND i,C)if applicable,obtain a septic system inspection letter(available for a fee at AR Dept of Environment r9 and Conservation).Inspection Contingency Resolution: If Buyer is satisfied with all inspections and investigations, 80 Buyer may deliver to Seller a Notice of Release of inspection contingency. If for any reason Buyer is not satisfied 81 with the results of any inspection or investigation,the Buyer must,within the Due Diligence Period(Lines 74-75), 82 deliver to Seller either (1)a written Notice of Cancellation, canceling this Agreement,and all Earnest Money most be 83 refunded to Buyer,OR 84 (2)a written Inspection Contingency RemovalProposaC if Seller rejects Buyer's Proposal(or Counterproposal)by delivering 85 Notice ofRejecdon to Buyer,or mfany Counterproposal is rejected by either party,or mfa time limit for a written response to 88 such is exceeded,this Agreement will cancel,and all Earnest Money must be refunded to Buyer[see exception In(p)]. 87 -Any Proposal, Counterproposal,Notice ofRelection,or Notice of Release of inspection contingency must be in writing. 88 -Any Proposal or Counterproposal must contain a time limit for responding 89 Hit is discovered during the Due Diligence period that any permanent structure on the property has an active wood destroying N insect infestation,the Seller,upon Buyer s request,most professionally treat infestation before closing at Seller's expense. 91 Repair ofany damage from wood destroying insects must be negotiated in the Inspection Contingency Removal Proposal 93 CAUTION TO BUYER:Failure to deicer to the Seller elver a widen Notice of Relevant t o Notice ofCeracallation,a a wriften 93 inspection ConEngmcy Returned Proposal jitlih tse Due Diligence Period described on Lines 74-75 will be considered to 94 be an acceplarice of to property"as is,"and the Inspection CotingencywiY be satisfied and rw o gera pad of this Agreornen l ss no BUl ER'S RIGHT TO REINSTATE: If Seller refuses to complete the lender required repairs(Lines 63-66)or cancels this 96 Agreement by rejecting an Inspection Contingency Removal Proposal (Lines 85-89), Buyer has the right to reinstate the 97 Agreement by delivering to Seller a Nonce stating that the Buyer will accept the property in Its present"as is"condition Buyer's J8 Notice must be delivered to Seller no later than 5:00 PM,three(3)calendar days after the delivery of Seller's Notice of 99 rejection,or if Seller has faded to respond,no later than 5.00 PM,three(3)calendar days after the Seller's deadline in reply. too (q) FINAL INSPECTION&RISK OF LOSS: Buyer has the right and responsibility to perform a final inspection before closing 101 to determine that the property is in the same condition, other than ordinary wear, as when the Agreement was accepted (with 102 Seller having responsibility to remedy),and to we that any repairs agreed to be performed by Seller have been completed Buyer tin my no]=inspectors All utilities most be in service at Seller's expense.Closing of sale demonstrates acceptance of these items 104 by Buyer The risk of hazard or casualty loss or damage to the property will be the responsibility of Seller until closing 108 (r) DISBURSEMENT OF EARNEST MONEY, AND ADEQUATE CONSIDERATION: The Earnest Money will be let applied towards the purchase price at closing If any contingencies or conditions of this Agreement are not met and the for Agreement is cancelled, all Earnest Money must be refunded m Buyer If Seller fads to perform any obligation under this 108 Agreement,all Earnest Money must be refunded to Buyer If required,the Escrow Agent may file an interpleader action in 109 a court of law,and recover expenses and reasonable attomey's fees,and will have no further lability as Escrow Agent. All @ 110 parties acknowledge that the consideration given, including the promises exchanged, the time limitations imposed, and the 111 notifications required, is sufficient and adequate in exchange for the Buyer's right to legally, properly, and in good faith n2 +3 Page 2 all 114 (s) TITLE,DEED,&SELLER REPRESENTATIONS: Seller will convey to Buyer goad and marketable dile to the property 115 by a valid general warranty deed Seller, at Seller's expense,agrees to firmsh Buyer at closing a title insurance policy.Title 116 policy will be issued by company acceptable to Buyer and Buyer's lender.Buyer will receive benefit of simultaneous issue. 117 Seller represents m the best of Seller's knowledge, unless otherwise disclosed, that property is not in a Special Flood 116 Hazard Area or floodplain; there are no violations of budding, zoning or fire codes, there are no encroachments or 119 violations of setback lines, easements or property boundary lines; and there me no boundary line disputes. If at anytime the s�l'r 120 title examination, mortgage loan inspection, survey, or other information discloses any such defects, or if the Buyer 121 discovers that any representation in this Agreement is in fact nature, Buyer may, by delivering written Notece to Seller, 122 either (1) accept the Property with the defects, OR (2) cancel this Agreement and all Earnest Money must be refunded to 123 Buyer, OR (3)Buyer may extend the closing date by up to 3 calendar days to perform additional due diligence, retawng 124 the right to exercise option(1)or(2)above 125 (t) DEFAULT OR BREACH: If either party falls to perform any obligation under this Agreement, the other party may do 126 any or all of the following (1)cancel the Agreement(2) sue for specific performance, (3) sue for actual and compensatory 127 damages Legal counsel is strongly recommended in such circumstances 128 ed REAL ESTATE COMMISSIONS:Seller authi closing company,in,debit Seller and pay cnmrmssmon3 as follows at closing' 129 Real Estate Firm Name: Tie P3 Group Inc will receive 8 %of the purchase price 130 Licensees Name and Contact Informmalmn, Gene Atlams,901 4614363,gadams@thep39roapire win 131 Other Real Estate Firm Name(mf any). N/A will receive_% of the purchase price. 132 Other Licensee's Name(mf any)and Contact Information 133 tv) ADDENDA,ATTACHMENTS,EXHIBITS,DISCLAIMERS,AND DISCLOSURES(included if marked below)' 131 Confirmation of Agency Status(required with all Purchase and Sale Agreements) 135 Advisory to Buyers and Sellers,or AREC Disclaimer Notice(required with all Purchase and Sale 136 Agreements)Personal Interest Disclosure&Consent(required if a Licensee has a personal interest,may be 137 included in Confirmation of Agency)Occupancy Agreement(required if possession is other than the time of 138 closing)Impact Fees or Adequate Facilities Taxes Disclosure(required of sale is residential nen 139 construction)Addendum(extra page for additional Special Stipulations,if needed) 140 Other 141 (w)METHOD OF EXECUTION AND DELIVERY: S1 Signatures and murals transmitted b fax,photocopy,14z Y P PY. or digital signature 1 This Agreement constitutes the sole and entire agreement between the 43 methods will be acceptable and treated as originals 144 parties. No verbal agreements, representations, promises, or modifications of this Agreement will be binding unless agreed 145 to in writing by all parties )Lslivlry will be considered to have been completed as ofthe date and time a document is either 146 (I)delivered in person,OR(2)transrmtted by fax,OR(3)transmitted by arad Delivery of documents to the real estate Licensee 147 assisting a pasty as that pity's agent or facilitator(or to that Licensee's Braker)will be considered to be Delivery to that party 148 (x) ACCEPTANCE DATE AND BINDING CONTRACT: The ALaRRiILLjJ aRLwdl be the date of full execution(signing)of this 149 Agreement by all parties,that is,the date one party accepts all the terms ofthe other party a written and signed Of(er or Counteroffer, 150 evidenced by the accepting party's signature and date on the Offer or Counteroffer. The Acceptance must be promptly 151 communicated(by any reasonable and usual mode)to the other party,thereby making this Agreement a legally Binding Contrast 153 Communications to the real estate Lmcemsee assisting a party as that pi agent or facilitator(or to that Licensee's Broker)will 153 be considered to be communication to that party.True executed copies ofthe Contract must be promptly delivered to all panties. 154 (y) OFFER EXPIRATION DATE& TIME: 10/19)2019 If not Accepted by 155 this date&time(or if blank,by the date and time on Lines 11-13),this Offer will expire. However, at any time before the 156 other party's communication of Acceptance, the party making the Offer may withdraw the Offer by communicating the 157 withdrawal to the other party and confirm the withdrawal by the prompt delivery of a written Notice of Withdrawal. 158 159 1W (Z) PERSONAL INTEREST The Public Private Partnership Carp DBA The P3 Group IV is a calsed Real Estate Firm and have a financial 161 interest in this transaction 162 163 164 Buyer{makes this Offen The P3 Group, Inc 165 X Y lig Mower X oyer S,gaaraa President B CEOr&� Bayer Signature Dare&Fine 166 This Offer is: Accepted Rejected Countered on this form Countered on a separate Counteroffer farm Bn Signarare Date&Tier Sell"Signamer Data&Tine Page 3 0l3 AUTHORIZING ORDINANCE NO. ` , OF THE CITY OF WEST MEMPHIS, ARKANSAS (the"City") (Municipal Buildings Project) q%w The following Ordinance is adopted at a duly convened meeting of the West Memphis, Arkansas City Council as of 0c{'o{0 _r 17 , 2019. Whereas, the City desires to acquire and construct a municipal courthouse facility, two fire department stations,and a police sub-station and related appurtenances that will benefit the residents of the City (the "Municipal Building Project'); and Whereas, the City in connection with the development of the Project desires to additionally refinance at a lessened rate of interest the principal outstanding under that certain $1,745,000 City of West Memphis, Arkansas Capital Improvement Revenue Bonds, Series 2006 (the "2006 Bonds") (the "Refunding Project') and to pay costs of issuance of the below defined Agreement (the "Costs of Issuance")(the Municipal Building Project and the Refunding Project, collectively, the "Project'), and Whereas, the City desires to enter into a Lease-Purchase Agreement (the "Agreement') with West Memphis Public Buildings Development Company, LLC (together with its assigns, "Lessor") in substantially that form that is attached hereto as Exhibit A pursuant to which funds will be raised therefrom in order to finance the Project; and Whereas, the City desires to pledge and grant a security interest to Lessor in certain franchise fee revenues and certain court fines and forfeitures as more fully described below in order to secure and collateralize the City's obligations as set forth in the Agreement; and Whereas, this Ordinance and the Agreement are being executed in accordance with the provisions of and pursuant to Amendment 65 to the Constitution of the State of Arkansas, the Revenue Bond Act of 1987, as codified as Arkansas Code Annotated Sections 19-9-601 et seq. and the Local Government Capital Improvement Revenue Bond Act of 1985, as codified as Arkansas Code Annotated Sections 14-164-401 et seq (the "Authorizing Legislation"), NOW,THEREFORE, BE IT ORDAINED AND RESOLVED by the City Council of the City of West Memphis, Arkansas that: 1 Proiect Approval. The Project is hereby approved and the following matters are hereby acknowledged and approved: a. Execution and delivery of the Agreement subject to any final modifications thereto that are not inconsistent with the provisions of this Ordinance as approved by the Mayor of the City; i b. Construction and development of the Municipal Building Project in (. . accordance with those design specifications that have been previously 7� submitted to the City and are on file with the City Clerk for inspection by +\� the public at any time; c. Execution of any and all other documents in furtherance of the goals and intentions of this Ordinance and the Agreement; and d Refinancing of the 2006 Bonds at lessened rates of interest. 2. Designated Signatory; General Financing Terms. Marco McClendon, Mayor of the City, be and hereby is authorized and empowered to execute and deliver the Agreement and all other agreements related thereto on behalf of the City, and Joyce Gray, City Clerk, is hereby authorized and empowered to attest the Mayor's signatures on such documents, so long as the maximum principal balance set forth within the Agreement does not exceed $11,500,000, the non-default interest rate set forth within the Agreement does not exceed 3.44% per annum, and the term over which the principal and interest set forth within the Agreement shall be repaid does not exceed 25 years. It is recognized, agreed and understood that proceeds derived from the execution of the Agreement will be utilized (a) to fund the engineering, development and construction of the Protect along with related furnishings, fixtures and equipment, all of which is more fully described in the Agreement, (b) to refinance the 2006 Bonds and (c) to pay Costs of Issuance. 3. Authority to Execute Additional Documents The Mayor on behalf of the City is authorized to execute any and all other documents necessary to fulfill the goals and intentions of this Ordinance or which may be reasonably requested by Lessor including, without limitation, the Project Disbursement Agreement, an Incumbency Certificate, and IRS Form 8038-G. 4. Useful Life Designation. The City Council herebyfinds and declaresthatthe period of usefulness of the Project after the completion of construction thereof will be more than 25 years, which is longer than the term of the Agreement. S. Funding Through Collection of Franchise Fees. The City's financial obligations under the Agreement shall solely and exclusively be funded through (a)the collection of franchise fees collected by the City from public utilities for the privilege of using the streets, highways and other public areas in the City pursuant to the authority contained in Arkansas Code Annotated Section 14-200-101 et seq , including any payments in lieu of franchise fees by the Utility Department of the City of West Memphis or any such public utility, (b) the collection of all fines and forfeitures collected from the operations of the district court operating within the City of West Memphis or otherwise collected by the City of West Memphis (clauses (a) and (b) are collectively referred to as the "Pledged Revenues"); (c) the Disbursement Account and all funds and proceeds held therein; (d) the Pledged Revenue Account (as defined below); and (e) all additions, attachments, accessions and substitutions thereto or applicable thereto (clauses "a` through "e" above, collectively, the "Security"). +� 2 6. Authority to Pledge Franchise Fees. The City does hereby authorize the pledging �v and granting of a security interest in and to the Security to and in favor of Lessor and its assignee. �r 7. Special Funds, No Pledging of Taxes or Assessments. The Pledged Revenues are derived from special funds and sources that do not constitute and are not comprised of assessments for local improvements and taxes. Except forthe pledging and granting of a security interest in the Pledged Revenues, the Disbursement Account and the Pledged Revenue Account by the City to and in favor of Lessor, and the use of the Pledged Revenues to fund the obligations set forth in this Agreement, the City shall possess no further financial obligation of any nature under and with respect to the Agreement. It is expressly agreed and understood that neitherthe full faith and credit of the City,Crittenden County,or the State of Arkansas, nor anyother political subdivision or entity of the foregoing is pledged to the repayment of the financial obligations as set forth in the Agreement. 8. Covenant to Maintain Franchise Fee and Court Fines and Forfeiture Collection Rates. The City covenants and agrees that, so long as it possesses financial obligations outstanding under the Agreement, it shall never reduce franchise fees collected by the City in connection with the use of the City's rights of way and municipally-owned property by third party utility and other companies. The adoption and enforcement of said franchise fees are hereby ratified, confirmed and continued. In the event that the payment in lieu of franchise fees arrangement with the Utility Department of the City of West Memphis is terminated, the City covenants to enter into a replacement franchise agreement and collect franchise fees from the Utility Department or any successor thereto in an amount which is not less than the payments in lieu of franchise fees which are currently being received by the City and such franchise fees shall be pledged to repayment of the Lease Payments under the Agreement The City covenants and agrees not to reduce the collection rate at which court fines and forfeitures are charged so long as it has financial obligations outstanding under the Agreement. 9. Continuous Operations of Project. The City covenants and agrees that it shall continuously operate the Project as contemplated as of the date hereof for the benefit of the City's residents 10. Construction Fund; Disbursements. Proceeds realized from the City's execution of the Agreement are authorized to be initially deposited into the Disbursement Account (as defined in the Agreement) to be held and maintained by a third-party financial institution Construction draws therefrom are authorized to be withdrawn upon the presentation of requisition requests, current invoices, mechanics and materialmen's lien waivers, and those other conditions precedent to a release of construction funds as that disbursement agreement associated with the administration of the construction funds might specify as set forth in the Agreement and the Disbursement Agreement Draws therefrom are additionally authorized to be withdrawn in order to pay off and redeem in full the principal of all outstanding 2006 Bonds. �/ 3 11. Pledged Revenue Account. Proceeds realized from the collection of the Pledged Revenues shall be deposited by the City in an account within its General Fund and earmarked as pledged to the payment of the indebtedness approved by this Ordinance (the "Pledged Revenue Account"). The City agrees that it shall always maintain an accounting of the receipt of Pledged Revenues and the expenditures thereof, and that an audit of such receipts and expenditures will be performed on an annual basis bythe Legislative Audit of the State of Arkansas. The City agrees that the Pledged Revenues maintained in the General Fund of the City shall be utilized first to repay the principal of, premium, if any, and interest on the indebtedness approved hereby, and after payment of such indebtedness the City may use such Pledged Revenues for other municipal purposes. The City agrees that its General Fund shall be maintained in a depository institution designated by the City from time to time, so long as said institution is insured by the FDIC or any successor entity 12. Grant of Security Interests In order to secure the payment of the Lease Payments asset forth and defined within the Agreement,the City does hereby grant to Lessor and Lessor's successors and assigns forever, a security interest in and to and a pledge of the Security 13. Additional Parity Indebtedness Issuance. The City will not enter into, execute and/or issue subsequent lease purchase agreements, bonds, notes or other evidences of indebtedness (collectively, "Additional Parity Indebtedness') that will enjoy and realize, pori passu, a parity first lien on Pledged Revenues that is shared with the Lessor unless no Event of Default Account (as defined in the Agreement) has occurred and is continuing and the annual Pledged Revenues for the City's fiscal year immediately preceding the issuance of such Additional Parity Indebtedness are not less than 1.5 times the maximum annual Lease Payments under the Agreement and the maximum annual debt service of the proposed Additional Parity Indebtedness, as evidenced by a certificate issued by the City's external accountant. The City may issue Additional Parity Indebtedness that is secured by a lien on the Pledged Revenues that is subordinate to the liens granted on Pledged Revenues as set forth herein or within any Additional Parity Indebtedness upon the written consent of Lessor, which consent shall not be unreasonably withheld. 14. Prohibition Against Private Business Use. The City shall assure that(i) not in excess of 10% of the proceeds of the Agreement is used for Private Business Use if, in addition, the payment of more than 10%of the principal or 10% of the interest due on the Agreement during the term thereof is, under the terms of the Agreement or any underlying arrangement, directly or indirectly secured by any interest in property used or to be used for a Private Business Use or in payments in respect of property used or to be used for a Private Business Use or is to be derived from payments, whether or not to the City, in respect of property or borrowed moneys used or to be used for a Private Business Use, and (ii) that, in the event that both (A) in excess of 5% of the proceeds of the Agreement are used for a Private Business Use, and (B) an amount in excess of 5°% of the principal or 5% of the interest due on the Agreement during the term thereof is, under the terms of the Agreement or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for said Private Business Use or in payments in �� 4 respect of property used or to be used for said Private Business Use or is to be derived from payments, whether or not to the City, in respect of property or borrowed money used or to be used for said Private Business Use, then said excess over said 5% of proceeds of the Agreement used for a Private Business Use shall be used for a Private Business Use related to the governmental use of the Improvements. The City shall assure that not in excess of 5% of the proceeds of the Agreement are used, directly or indirectly, to make or finance a loan to persons other than state or local governmental units. As used in this Section, 'Private Business Use" means use directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and use as a member of the general public. 15. Non-arbitrage. The City covenants that it shall not take any action or suffer or permit any action to be taken or condition to exist which causes or may cause the interest payable under the Agreement to be subject to federal income taxation. Without limiting the generality of the foregoing, the City covenants that no monies held in any fund in connection with the Agreement will be used directly or indirectly in such manner as to cause the agreement to be treated as an "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code 16 Ordinance Constitutes Contract. The terms of this Ordinance shall constitute a contract among the City and the Lessor and its assignees and no modifications or amendments of this Ordinance or the Agreement shall occur absent the express prior written consent of the Lessor or its assignee. 17. Severability. The provisions of this Ordinance are hereby declared to be separable, and if any provision shall for any reason be held illegal or invalid, it shall not affect the validity of the remainder of this Ordinance. All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict (Signature Page Follows) �► 5 This Ordinance was adopted at a duly convened meeting of the City Council of the City of West Memphis, Arkansas as of the date referenced above. `) Marco McClendon, Mayor 6A)A I -Q- A J e ay, City Clerk Approved As to Eorm: Micha Stephenson, yAt rney A �� 6 1 CITY CLERK CERTIFICATION I, duly serving City Clerk of the City of West Memphis, Arkansas, do hereby certify and attest that the following Ordinance was duly adopted at a meeting of the City and continues to remain in full force and effect and unmodified by any amendments thereto. C I ce Gray, City CI rk City Council Members Voting in favor of Ordnance: !/& /1/1X / City Council Members Voting Against nOrrdinance: 'A t xo City Council Members Abstaining or Not Present. f.. /dOV�nr� 'l 4 *,* CITY OF WEST MEMPHIS ARKANSAS WEST MEMPHIS PLANNING & DEVELOPMENT 205 South Redding-P O. Box 1728-West Memphis, Arkansas•72303-1728•(870)732-7620 PLANNING COMMISSION RECOMMENDATIONS Wednesday, October 30, 2019,at 3:30 PM City Council Chambers 205 South Redding Street, West Memphis. Arkansas I. SUBDIVISIONS: A. New Subdivision- Looney Subdivision- Waverly Rd. Application Case#SD-10- 19 -, This case is being presented by Frank Looney, represented by Jim Smith. This is a one lot subdivision containing 5.0 acres. It is zoned CV-E, Conservation District- Extraterritorial. Approval is subject to the following criteria: 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the City Engineer; 3. Installation and acceptance of the improvement plans; easements; and rights-of-ways, subject to the Crittenden County Judge.Woody Wheeless. After review and discussion, the Planning Commission recommended to approve with conditions the site plan and easement for Frank Looney. B New Subdivision- Roberson Subdivision. Waverly Rd. Application Case#SD-11- 19 This case is being presented by Ted Roberson, represented by Jim Smith. This is a one lot subdivision containing 2.0 acres. It is zoned CV-E, Conservation District- Extraterritorial. Approval is subject to the following criteria: 1. Proper execution of all Certificates; r 2. Installation of grading and drainage improvements as required by the City Engineer; j 3. Installation and acceptance of the improvement plans: easements; and rights-of-ways, v subject to the Crittenden County Judge, Woody Wheeless. After review and discussion, the Planning Commission recommended to approve with conditions the site plan and easement for Ted Roberson. II. Special Use Permits A. Greenhouse-Tobia Fuller-806 Auburn- Application Case#SUP 03.19 This case is being presented by the property owner Tobin Fuller, for the property located at 806 Auburn, and contains 1.12 acres. The property is zoned R-1 Single Family Residential. The representative is proposing to construct a Greenhouse, 75 Ft. by 30 Ft, as well as a 12x12 storage shed. Approval is subject to the following criteria: i 1. Proper execution of all Certificates: 2. Installation of grading and drainage improvements as required by the City Engineer; 3. Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of storm water management requirements and other improvements, as required by the City Engineer. 5. Installation of street improvements, as required by the West Memphis Land Subdivision and Development Code. After review and discussion, the Planning Commission recommended to approve with conditions the special use permit application and site plan for Tobin Fuller. B. Communications Tower- Vertical Bridee Development- 1105 Balfour- Application Case#SUP 04-19 This case is being presented by the property owner Cornerstone Baptist Church, represented by Steve Hutchinson,for the property located at 1105 Balfour, and contains 2.9 acres.The property ( is coned R-1 Single Family Residential. 7 The representative is proposing to construct a 150 ft. communications tower on the northeast v comer of the site Approval is subject to the following criteria: 1. Proper execution of all Certificates. 2. Installation of grading and drainage improvements as required by the City Engineer; 3. Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of storm water management requirements and other improvements, as required by the City Engineer. After review and discussion, the Planning Commission recommended to approve with conditions the special use permit application and site plan for Cornerstone Baptist Church. C. Communications Tower-Tower Ventures. Bill's Grill Rd: Application 4W Case ii SUP 05.19 'y This case is being presented by the property owner Guaranty Loan and Real Estate, represented / by Lou Katzerman, for the property located on Bill's Grill Rd., and contains 40.31 acres. The property is zoned C-2, Open Display Commercial. The representative is proposing to construct a 180 ft communications tower to the West of Bill's Grill Rd, about halfway between Service Rd. and Southland Dr. Approval is subject to the following criteria 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the City Engineer, 3. Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of storm water management requirements and other improvements, as required by the City Engineer. After review and discussion, the Planning Commission recommended to approve with conditions [ the special use permit application and site plan for Tower Ventures. V. OTHER BUSINESS A. Meeting Schedule- November and December After review and discussion, the Planning Commission recommended to meet November 20, 2019, and December 18, 2019. i• REC Da �x�10 ! �� �� �1�A7"✓�