November 17, 1988f~
MINUTES
WEST MEMPHIS CITY COUNCIL
NOVEMBER 17, 1988
A regular meeting of the West Memphis City Council was held on Thursday,
November 17, 1988 at 1:30 p.m. in the City Council Chambers at City Hall, 205
S. Redding, West Memphis Arkansas. Mayor Keith Ingram presided.
Mayor Ingram called the meeting to order at 1:35 p.m.
Prayer was offered by Alderman Mike Hardage.
City Clerk Dan Craft called the roll. Those present were:
Mayor Keith Ingram
City Attorney David Peeples
City Clerk Dan Craft
Alderpersons:
Bill Burnett
Mike Hardage
Roberta Jackson
Al Boals
Joe Brasfield
James Cooper
Forrest Dunlap
Pritchard Horton
Sam Lehr
Absent:
None
Mayor Ingram reque~:ted permission from the City Council to pay APAC,
$300,026.38 for the 1988 Street Work Program. Alderman Burnett made a
motion, seconded by Alderman Jackson to approve the payment to APAC. Upon
voice vote, the voting was unanimous. This was final payment.
Next, was the presentation of service pins to City Employees with five,
ten, fifteen, twenty, and twenty-five years of service to the city. Personnel
Director, Judy Moore assisted Mayor Ingram with the presentation.
Next item on the agenda was Bid Openings. Bids for the Community
Development Agency Housing Rehabilitation were opened by Ms. Tee Williams
and read by City Attorney Peeples.
ELECTRICAL BIDS '
(See attached bid sheet) Alderman Cooper made a motion, seconded by
Alderman Burnett to accept the bids and refer to the Community Development
Agency for final disposition. Upon voice vote, the voting was unanimous.
PLUMBING BIDS
(See attached bid sheet) Alderman Burnett made a motion, seconded by
Alderman Cooper to accept the
Agency for final disposition.
GENERAL CONSTRUCTION BIDS
(See attached bid sheet)
Alderman Horton to accept the
Agency for final disposition.
bids and refer to the Community Development
Upon voice vote, the voting was unanimous.
Alderman Burnett made a motion, seconded by
bids and refer to the Community Development
Upon voice vote, the voting was unanimous.
Next item on the agenda was Citizens Requests. The following people
came before the city council:
Shirley Simmons - present to thank the Mayor, City Council, and City Attorney
for their assistance in getting the proper handicapped signs and ramps at various
locations in West Memphis.
Mark Peterson-3M National Advertising Co.- present concerning the Design
j Review Commission's denial of eleven (11) billboards in the city. Mr.
Peterson stated he was a representative of the 3-M National Advertising Company
PAGE 110 CITY COUNCIL MINUTES NOVEMBER 17, 1988
and was appearing on the appeal of certain decisions of the Design Review
Commission on October 27, 1988. Mr. Peterson stated these decisions were
rendered in case number's 168-88 thru 172-88. Mr. Peterson stated similar
restrictions were found to be unconstitutional by the US Supreme Court and
other lessor courts. He stated he and other representatives of 3-M National
Advertising have had previous discussions with the staff of the City of West
Memphis and had tried to reach reasonable accommodations on this issue. He
went on to say they have initiated litigation to resolve the questions relative
to the authority to erect these signs and that litigation has been temporarily
suspended for the purpose of engaging in the discussion with the City Council
and the hearing with the Design Review Commission and this appeal. Mr. Peterson
requested the City Council consider full consideration of the applications and
to reverse the decision of the Design Review Commission and grant the permits
to National Advertising Company.
Mayor Ingram thanked Mr. Peterson.
C.E. Johnson- 2000 Goodwin - present representing residents of Goodwin Street and
requested help in this area from the City Council and Mayor. Mr. Johnson stated
there is a situation where Ramada Inn owns the property in the rear of these
residences and are now constructing apartments there. He stated they couldn't
do anything about them building on their own property but what they are asking
was some help from the City Council and Mayor and have someone with engineering
experience to go and see why water backs up and floods these people's homes at
18th Street and Goodwin•Street. He stated they believe that since Ramada Inn
has built it up so high and then asphalted on top of it, it raised it above
their lots and when it rains it pours over on their lots. He stated the sewer
system and drainage system is stopped and is not letting it out like it should.
He stated people lost furniture and carpet worth thousands of dollars when we
had an unordinary rain last December and asked for help. Mr. Johnson went on
to say about the apartments they are building over there that Mr. House said
himself they would be for truck drivers. Mr. Johnson said he was a truck driver
himself and has been for thirty-six years and he could live with truck drivers
but there is a different breed of truck drivers th2~ what he came up with. He
stated that if Mr. House is building behind them, right in their back doors, taking
their privacy away from them for this hourly rental purposes for prostitutes and
dope peddlers, the City of West Memphis has got a problem. Mr. Johnson asked
the City Council to check into it and see if this was so and if .it was, there would
be a big protest. Mr. Johnson stated Mr. House told them himself it would be
for truck drivers and that is why he and all the citizens were present. He
stated they wanted something done about the drainage and to check into the
apartment situation. He stated they were building two story apartments that
were going way up high. He stated he had lived there twenty-five years and
nearly everyone on that street had their homes nearly paid for and he planned
on living there until he died and he has five registered voters.
Mayor Ingram thanked Mr. Johnson and asked Mr. House if he would like
to respond.
Mr. Buddy House stated in reference to the drainage, that there was a
drainage problem at 18th Street but that it has been existing for years. Mr.
House stated it was from nothing they had done as far as the Ramada or the
PAGE 111 CITY COUNCIL MINUTES NOVEMBER 17, 1988
Hampton Inn or any of the building being done there. Mr House invited the
City Engineer or any other engineer to come and meet him there and he would
tell them what he thought the problem was. Mr. House stated he had a little
engineering background himself and he would help them anyway he could to
alleviate the situation there. Mr. House stated in reference to the apartments
they are building there, he did not know where the gentleman got his information
about truck drivers. He stated he had a discussion with a trucking firm out of
Florida which was a trucking school and they wanted to come to West Memphis
and they wanted the area to house twenty people in apartments, but they went
to another city. He stated this would have brought in quite a bit of revenue
into the city. He stated there has been no discussion about building apartments
for truck drivers that they were going to be very "high class" apartments.
He stated they would be high rent, first class people, just exactly the way
they have done everything else on that corner. He stated there would be no
hourly rates that the rent would be monthly and probably the highest price
per square foot apartments in West Memphis. Mr. House stated everything they
have done out there in that neighborhood has been a very high class, the
highest assessed property in the city of West Memphis and are proud of what
they have out there. Mr. House assured the City Council there would not be
any illegal activities there.
Alderman Hardage asked Mr. Billy Johnson, General Manager of the West Memphis
Utility Department and John Newsome, Sewer Supt, if the sewer system there
could .handle the volume in that area. Mr. Johnson and Mr. Newsome stated
there was no problem with the capacity there. Alderman Hardage stated he
had looked at the area and he believed there was a culvert stopped up at
18th Street to Goodwin. Mr. House stated he would be glad to meet the City
Engineer there and help all he could to help with this problem.
Mayor Ingram suggested the residents of Goodwin Street that were present, Mr.
House, Mr. Billy Johnson, Mr. John Newsome, Ward Wimbish and the two Aldermen
from that ward meet in the conference room while everyone was together at one
time to discuss the problems. These people left the meeting at this time.
Alderperson Jackson stated she was concerned for all the citizens in West
Memphis and asked Mr. Newsome if the sewer lines were large enough in that area
to handle all of this. Mr. Newsome answered all the lines were adequate to
handle the amount of flow in that area.
NEW BUSINESS
First item under New Business was a Resolution declaring a vacancy in the
position of Alderman from Ward 2, Position 1, and to nominate and elect Richard
Linsley to fill the vacancy for the unexpired term. City Attorney Peeples read
the Resolution. Alderman Burnett made a motion, seconded by Alderman Hardage
to adopt the resolution. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals, Brasfield,
Cooper, Dunlap Horton, Lehr
NAYS: Aldermen: None
The Resolution was adopted and assigned No. 1168.
Mayor Ingram swore in Alderman Linsley and presented him with an Oath of
Office.
Alderman Brasfield and Alderman Horton left the meeting to meet with
the Goodwin Street residents.
PAGE 112 CITY COUNCIL MINUTES NOVEMBER 17, 1988
Next item on the agenda was the correction or approval of the minutes
of the November 3, 1988 City Council meeting. Alderman Cooper made a motion,
seconded by Alderman Burnett to dispense with the reading of the minutes and
approve them as presented in the packets. Upon voice vote, the voting was
unanimous.
OLD BUSINESS
Alderman Lehr made a motion, seconded by Alderman Burnett to table
item one of the Planning Commission recommendations on the application 08-88
to allow a special permit use for a bus station to locate at 220 E. Thompson
Street until the next City Council meeting so that an Ordinance could be drawn
up. Upon voice vote, the voting was unanimous.
Alderman Jackson made a motion, seconded by Alderman Burnett to approve
the replat of lots 1,4,5,6,7,8,9,10,& 12 and part of lots 2 & 3 of Block 7,
Lots 8,8,10, & 11 of Block 18, Lots 1, lA, 2,3,4,5,6,7,8,9, &10 Block 19 of
Wheeler Subdivision for the Regency Subdivision with the following stipulations
as recommended by the Planning Commission:
(1) Contract agreement for improvements on lots 3 & 4 and no building permit or
approval from the DRC.
(2) Utility approval on easements from the Utility Department %Billy Johnson.
Upon voice vote, the voting was unanimous.
NEW BUSINESS-CONTINUED FROM PAGE 111
Second item under New Business was an Ordinance waiving competitive bidding
for the hiring of Mr. Kent J. Rubens, Attorney at Law, to assist the City
Attorney in matters regarding Aeration Industries, including litigation, if
necessary as recommended by the Utility Commission. City Attorney Peeples read
the Ordinance. Alderman Jackson made a motion, seconded by Alderman Hardage to
approve the Ordinance on its first reading. Upon roll call vote, the voting was
as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
Alderman Hardage made a motion, seconded by Alderman Cooper to suspend the
rules and place the Ordinance on its second reading. Upon roll call vote, the
voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote. "
City Attorney Peeples read the Ordinance for the second time. Alderman
Hardage made a motion, seconded by Alderman Jackson to approve the Ordinance on
its second reading. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
PAGE 113 CITY COUNCIL MINUTES NOVEMBER 17, 1988
Alderman Hardage made a motion, seconded by Alderman Cooper to further
suspend the rules and the Ordinance be placed on its third and final reading.
Upon roll call vote, the voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
City Attorney Peeples read the Ordinance for the third and final time.
Discussion. Alderman Lehr asked how much and how long? Mr. Johnson stated
the fee was $85.00 per hour and they did not know how long.
Alderman Hardage made a motion, seconded by Alderman Lehr to adopt the
Ordinance. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the
emergency clause section 2. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
The Ordinance was adopted and assigned No. 1360.
Next item under New Business was a Resolution approving a preamble to 1988
Rate Formula Agreement and 1988 Rate Formula Agreement in Federal Energy
Regulatory Docket Number ER82-705-002, ET.AL.
Alderman Hardage made a motion, seconded by Alderman Burnett to suspend
the rules and the City Attorney read the title only. Upon voice vote, the
voting was unanimous.
City Attorney Peeples read the Resolution. Alderman Burnett made a
motion, seconded by alderman Dunlap to adopt. Upon roll call vote, the voting was:
AYES: Aldermen: Burnett, Hardage, Jackson, Boals,
Cooper, Dunlap Lehr, Linskey
NAYS: Aldermen: None
Aldermen Horton and Brasfield were absent from the vote.
The Resolution was adopted and assigned No. 1169.
PERMISSION REQUESTS
Alderman Lehr made a motion, seconded by Alderman Cooper to uphold the
decision of the Design Review Commission and deny Case 167, 168, 169, 170,
171, 172, 173, 174, 175, 176, and 177-88. Upon roll call vote, the voting was
as follows:
AYES: Aldermen: Hardage, Jackson, Boals, Cooper, Dunlap, Lehr
NAYS: Aldermen: Burnett
PASS: Aldermen: Linskey
PAGE 114 CITY COUNCIL MINUTES NOVEMBER 17, 1988
Alderman Cooper recognized the senior citizens in the audience and
stated they were present to thank the Mayor and City Council for making it
possible to get them back in their new home at the Neighborhood Center.
Mayor Ingram thanked the senior citizens for coming.
Next item under permission requests was permission for the Mayor and
City Clerk to sign the contract with the Good Neighbor Center. Alderman Dunlap
made a motion, seconded by Alderman Boals to approve the contract. Upon voice
vote, the voting was unanimous.
COMMITTEE REPORTS
Alderman Boals stated the Insurance Committee had not received the quotes
as yet.
Alderman Lehr called a Sanitation Committee meeting immediately following the
City Council meeting.
Alderman Cooper called for a Police Commission meeting, Monday, November
21, 1988 at 12:00 noon.
City Attorney Peeples noted the fine job that officers Miller, Ball,
and Bevill did in assisting with litigation in a circuit court case in Marion.
Letters from attorney in packets.
Having no further business to come before the City Council, Alderman
Burnett made a motion, seconded by Alderman Dunlap to adjourn. Upon voice
vote, the voting was unanimous. Meeting adjourned at 2:45 p.m.
SECRETARY CINDY EARLY
~~
PASSED and APPROVED this day of !? ,~7~-~,~~1~ , 1988.
~„
O V,
~ ~n
p W
v •v
H
C!~
~ cA
c~-r Cl~
r~-r C!1 C!]
rGt rat
H
~
~o ~
00 ~
00 _ ~ ~
w o ~
w
{n -cn ~n -cn -cn - cam ~ rt
rn
i--' N
V I-N
V N
V I-j
V F-'
V I-~
V ~•
V
O
~n O
q
~ ~O
~
0 N
N
0 .~
q
0 O
F~
0 ~O
.v
0 l1~
v
0 f''
p'`
b
0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 ~-'
~
t~
N
m
0
N•
0
N
c~
z r~ ~
C tr=i ~
b ~
C7 H yyH
:~ y ~C
Vr ~
~ ~
t-~ d ~
w cn r
q O
~ ro
r~
z
H
9
O
to
z
--C
1~
C
C
o N -~ o c
O
00 N
~n ~ o
v, ~
o o ~ ~ z t
H r
~ ~ ~
G G G ~ G G ~
rt rt rt rt rt rt rt H
N I--' N F-1
DD N
0o F~
W F-1
O C!]
O ~ ti0 ~ ~ F
~ ~ ~ ~ ~
c
c
O
a
~ ~ ~ ~ ~
~-+ W N N U1
~
~! ~
O~ ~
N ~
~!
V
N
~
C'7
lJi In
. ~O In N
O W
O V
O O
N
O
o~
O
o
0
o
o
O
°
°
°
rt
O O o n
G
n
rt
N•
0
~ -cn {n -ch ~n cn
F-~ {V ~ N F~ fD
W 00 N V
CT 00
In ~i
O~ .~
00 00
lJt b~
O
W
O ~
Ln ~
O
• O
• O O O O ~
O O
O U
O O
O fD
~
O O O O
n
O
O
1 ~
G
n
~I
i t~-i O
ih
iz
i ~ H
i H
n ~-C
~°z d
CJ~ Ch
H C
~ C tom"'
o n O
4 y b
H ~
O t=~
z z
H
b
H S'
V] CrJ
z
',
~ ~ •
lJi V l17
~ V1 lJ~ In W / t-' C7
N O N O 1-' O N r t--+ p
00 0o v, v, o o ~, ~, z
H
cn cn cn v~ cn cn to to
rt rt rt rt rt rt rt rt H
N N t--' N N N I-~ N C!1
F-+ O ~O ~O CO 00 W O
cn rt rt rt rt rt rt rt
rt a' ,~ ~` a' ~' -~ ~'
x
~•
-cn -cn ~n -cn ~n -v~ ~ r*
N W
tD
00 N ~! 07 W O~ ~ a
~ O O ~ lIt O F-' v
In O O O O Vi l1i Ln
~
O O O O O O O O ~",
O O O O O O O O ~
R'~
t-i
I--'
(D
f1
a
~ r~
~ O~ ~ .~ ~ l.n W 'b
~ ~ ~ d~ N W N O~ ~"'~
O In O In O O O G
O O O O O O O ~
0 0 0 0 0 0 0 ~•
b C'1
~r o
~z yH
~ O y
t~
.i H d
b C=7
cn C
J
~ r
A O
~ ro
r-y
z
H
a
c~
r~
z