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April 20, 1989MINUTES WEST MEMPHIS CITY COUNCIL APRIL 20, 1989 A regular meeting of the West Memphis City Council was held on Thursday, ', April 20, 1989 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Vice-Mayor Sam Lehr presided. Vice-Mayor Lehr called the meeting to order at 1:32 p.m. Reverend Richard Gregory of Rosewood United Methodist Church offered prayer. ~ City Clerk Dan Craft called the roll. Those present were: Vice-Mayor Sam Lehr City Attorney David Peeples City Clerk Dan Craft Alderpersons: Bill Burnett Mike Hardage Roberta Jackson Al Boals Roscoe White James Cooper Bill Pollard Pritchard Horton Richard Linsky Absent: Mayor Keith Ingram BID OPENINGS Bids for the Community Development Agency were opened by Tee Gardner and read by City Attorney Peep les. DEMOLITION BIDS - 515 South 19th Jesse Booker Construction $1,500.00 ELECTRICAL BIDS- No Bids - PLUMBING BIDS- No Bids- GENERAL CONSTRUCTION BIDS: 209 N. 8th - 332 S. 9th - 515 S. 12th - 617 S. 16th - 2011 E. Polk - 2610 Jackson JESSE BOOKER CONSTUCTION $2,596.96 $2,235.00 $1,450.00 $ 677.24 $2,265.24 $2,797.00 WHITFIELD CONSTRUCTION $4,106.00 $2,500.00 $1,768.00 $ 836.00 $2,291.00 $3,015.00 MONDY'S CONSTRUCTION $3,000.00 $2,870.00 $1,805.00 $1,250.00 $3,581.00 $2,900.00 Alderperson White mad e a motion, seconded by Alderperson Burnett to accept the bids and refer to the Community Development Agency for final disposition. Upon voice vote, the voting was unanimous. Next, bids for the Street Department were opened by Alvalu Thompson and read by City Attorney Peeples. 1989 SLURRY SEAL PROGRAM Bituminus Asphalt $73,992.96 1989 ASPHALT STREET GRINDING Hollingsworth Paving, Inc. $37,392.84 Saltcreek Paving $20,004.40 JS Construction, Inc. $16,926.80 Alderperson Burnett made a motion, seconded by Alderperson Pollard to accept the bids and refer to the Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. Next, bids for the Utility Department were opened by David Goacher and read by City Attorney Peeples. 5-CLUSTER WORK STATION Krea;er Systems, Inc. $11,627.20 Mills Morris Arrow $10,157.24 Alderperson Burnett made a motion, seconded by Alderperson Jackson to accept the bids and refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS Leroy Goff - 353 Washington - Attorney Ron Wilson spoke in behalf of Mr. Goff and stated he would speak when their matter of concern came up later on the agenda. ~_ Next item on the agenda was the correction or approval of the minutes of the April 6, 1989 City Council Meeting and the recessed City Council meeting held on April 10, 1989. Alderperson Cooper made a motion, seconded by Alderperson Horton to approve both minutes as presented in the packets. Upon voice vote, the voting ti~aas unanimous . Next item on the agenda was Quarterly Reports from the City Treasurer and City Clerk. City Clerk Dan Craft stated Mr. Holt was unable to attend due to attending a funeral. Mr. Craft stated the first quarter records indicates the budget is 25% spent therefore everything looks fine. There were no questions concerning the budget. Mr. Craft requested the City Council look into the possibility of purchasing a tire shredder and use it_to make road beds. NEW BUSINESS First item under New Business was a Resolution placing a lien on property in the City of West Memphis, Arkansas - Code Enforcement. City Attorney Peeples read the Resolution. Alderperson Cooper made a motion, seconded by Alderperson Horton to adopt the Resolution. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1179. Alderperson Burnett made a motion, seconded by Alderperson Horton to add a Resolution concerning the condemnation of certain described houses, buildings, or structures to the agenda. Upon voice vote, the voting; was unanimous. City Attorney Peeples read the Resolution. Alderperson Hardage made a motion, seconded by Alderperson White to amend the Resolution deleting 308 E. Broadway. Upon voice vote, the voting Baas unanimous. Alderperson Hardage made a motion, seconded by Alderperson Horton to adopt the Resolution as amended. Upon voice vote, the voting was unanimous. The Resolution ti-ras assigned No. 1180. Next item on the agenda was a Resolution chanpin~ the Comprehensive Plan from Sin;le-Family Residential to General Industrial. City Attorney Peeples read the Resolution. Discussion. Mr. Ralph Sloan came forward to address the council. Mr. Sloan stated he faas an attorney representinb the property oUrners Michael Davis and C&C Steel Erectors. He stated this matter tiaas presented to the Planning Commission and the Comprehensive Plan chanbe tiJas turned down. The Comprehensive Plan shows this area as residential now but up until 1986 this area had always been shown as industrial property. The property owner purchased the property with the expectation of conducting; the business that they are now Qp~r.at~hb_and now are restricted from doing alot of things normally done in an industrial classified property. This property has always been industrial, there was a junk yard with alot of oil and hazordous materials disposed of there would make this property unsuitable for residential use and would never pass EPA requirements. i C Next, Mr. Ron Wilson, attorney representing property owners in Ward 2 and those inparticular that are next to the property concerned with. Mr. Ward stated the Planning Consultant for the City of West Memphis Richard Massie recommended against the re-zoning of the property and a number of issues needed to be looped 'at concerning the rezoning. He stated in 1961 this property was rezoned industrial ',but things change from time to time and this property was more suited for residential. ', He stated the only throb separating this industry from the residences ~~aas an alley '~~rhich concerns the peace and health of the people in that .area and .the citizens of ';West Memphis. Mr. Wilson stated it seemed to him to be a case of classic spot zoning if the City Council choses to over-ride the Planning Commission decision ~r and the people in Ward Two deserve better treatment. He stated over the years, Ward Two and Ward Five have been subjected to certain zoning ordinances that the rest of the city has not. It is time we let the city progress and develop the way !that is in the best interest of all concerned. He stated the people in that area ;were concerned about rodents, loud music, loud machines, a small narrow street that dead ends at this location. He stated a petition signed by concerned people opposed to the rezoning ti~aas presented to the Planning Commission and with this in mend, the City Council should uphold the Planning commission's decision in this matter. Alderman Hardage asked if the person Mr. Wilson is speaking in behalf of, Mr. Goff, who signed up under citizens request s, was doing tiaelding work in his backyard in a residential area. Mr. Goff stated he only did welding for himself and that he was retired. Alderman Boals stated that all of~;the property was not zoned residential. Mr. Wilson stated that this was nonconforming uses of the property zoned C-2. Alderman Boals stated he was very familiar with this area and when it was used as a junk yard there was acid, lead, copper, etc. run into the ground and ti•~rould never be approved for the building of residential housing. Mr. Wilson stated that by putting industry next to residential areas devalues the residential property. Alderman Hardage stated it has been industrial for twenty eight years and was changed to residential just two years ago which never should have happened in the first place. Mr. Wilson stated now is the time to stop it and the fact that a law suit was not filed in that point of time does not conclude that one won't be filed at this point in time. Vice-Mayor Lehr stated that he c~TOUld allow five minutes longer for discussion. Alderman White asked Mr. Wilson if he was threatening the city with a law suit. Mr. Wilson stated he was making a statement that the city had opened themselves open for a law suit for spot zoning in the past that have not been filed and that f was what he was referring to. Alderman Burnett stated there has been alot of rezoning in Ward 2 and Ward 5 in the past for grocery stores and such as that. These people that bought the property that is being referred to, bought the property under one zone and expected to be able to use it for that purpose. The zoning was changed after these people i bought this property. Alderman Linsley asked attorney Sloan if it was the intention of the property owners to enter the property from Avalon. ', Attorney Sloan stated as far as he knew not right now. The property does have access to Avalon and the adjacent property is zoned C-2. Alderman Hardage made a motion, seconded by Alderman White to adopt the Resolution. Discussion. Alderperson Jackson stated she did not see what the reason of having a Planning Commission and consultant if the council was not going to accept their recommendation. Roll call vote was held on the motion to adopt the Resolution and was: AYES: Alderpersons: Burnett, Hardage, Boals, White, Pollard, Horton, Lehr, Linsky NAYS: Alderpersons: Jackson, Cooper The Resolution was adopted and assigned No. 1181. -°~° Next item on the agenda was an Ordinance to rezone lots 14, 15, 16, 17, 25, 26, 27, 28, & 29; the ease 40 feet of lot 18, and the south 25 feet of vacated Fourth Streetlying north of lots 25, 26, 27, 28, 29, Hulbert Heights, Subdivision. City Attorney Peeples read the Ordinance for the first time. Alderman Hardage made a motion, seconded by Alderman White to accept the Ordinance on its first reading. Discussion. Alderman Burnett asked the property owners if this Ordinance was adopted, would they continue to upgrade and beautify this property for the record. The property owners stated yes. Roll call vote was held to adopt the Ordiance on its first reading only. The voting was as follows: AYES: Alderpersons: Burnett, Hardage, Boals, White, Pollard, Horton, Lehr, Linsky NAYS: Alderpersons: Jackson, Cooper The Ordinance PASSED o n its FIRST reading. Next item on the agenda was an Ordinance to amend Ordinance 1266 regarding Land Subdivision & Development Regulations for the City of West Memphis. City Attorney Peeples read the Ordinance for the first time. Alderperson Burnett made a motion, seconded by Alderperson Jackson to adopt. Upon roll call vote, the voting was as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley NAYS: Alderpersons: None Discussion was held concerning the wording in section 2. Vice-Mayor Lehr asked Ms. Rash to check into the wording in section 2 concerning "no water will drain properly". Ms. Rash to check into before the next City Council meeting. The Ordinance PASSED o n its FIRST reading. Next item on the agenda was an Ordinance approving a contract between the City of West Memphis, and Operations Management International, Inc. for operation of the city's Wastewater Treatment Plant, authorizing the execution of the contract, declaring an emergency and for other purposes. City Attorney Peeples read the Ordinance for the first time. Alderman Burnett made a motion, seconded by Alderperson Jackson to adopt the Ordinance on a its first reading. Upon roll call vote, the voting was as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, Ldhite, Cooper, Pollard, Horton, Lehr, Linsley NAYS: Alderpersons: None ALderman Burnett made a motion, seconded by Alderman Hardage to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley NAYS: Alderpersons: None City Attorney Peeples read the Ordinance for the second time. Alderman Hardage made a motion, seconded by Alderman Burnett to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley ', NAYS: Alderpersons: None f Alderman Burnett made a motion, seconded by Alderman Hardage to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting ti~aas as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley ', NAYS: Alderpersons: None City Attorney Peeples read the Ordinance for the third and final time. Vice-Mayor Lehr asked, "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley NAYS: Alderpersons: None Alderman Burnett read a letter from Mr. Johnson, General Manager of the West Memphis Utility Department to Attorney Rubens stating the condition that McCullough left the Sewer Treatment Plant when inspected. He stated in the letter K that there were only twenty working aerators which serve two digits with no spares. Alderman Burnett stated to OMI that this will not happen again. Alderman Burnett made a motiion, seconded by Alderman Hardage to adopt the emergency clause section 2. Upon roll call vote, the voting ti~aas as follows: AYES: Alderpersons: Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr, Linsley NAYS: Alderpersons: None The Ordinance and its emergency clause section two was adopted and assigned N0. 1381. Vice-Mayor Lehr welcomed OMI aboard the staff. PERMISSION REQUESTS Alderman Hardage made a motion, seconded by Alderman White to approve the first payment to OMI for May in the amount of $45,553.34. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Alderman Hardage announced the air show was Sunday, May 21, 1989. Alderman Burnett stated that there would be a Public Works Committee meeting immediately following the City Council meeting. t Alderperson Jackson asked Alderman Linsley about the issue of the two policemen ~ that wrecked the two police cars. 4 Alderman Linsley stated the Police Commission meeting was posponed so that i ~-- they could address the issue at a later date. Any disiplinary action would be in the hands of the Mayor and Police Chief. He stated the officers had been suspended by the Chief for one week without pay subject to any other disciplinary action by the Mayor. The city has liability insurance only. ', Having no further business to come before the council, Alderman Hardage made a motion, seconded by Alderman White to adjourn. Upon voice vote, the voting was unanimous. PASSED and APPROVED this day of /"~' , I989. i ~ SECRETAR CINDY EA Y ~'*~ A