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September 7, 2000MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 7, 2000 A regular meeting of the West Memphis City Council was held on Thursday, September 7, 2000 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor William H. Johnson presided. Mayor Johnson called the meeting to order at 1:40 p.m. Mayor Johnson called a Public Hearing to order regarding the adoption of an ordinance authorizing the issuance of not to exceed $26,000,000 principal amount of Industrial Development Revenue Bonds on application of SB West Memphis, L.L.C., a Delaware Limited Liability Company (The "Company"). Mayor Johnson asked if there was anyone present to speak for this matter. Sidney Runnels, Economic Development Director for the City of West Memphis spoke in favor of the issuance of the bonds and said what a tremendous opportunity this is for our community. Mayor Johnson asked if there was anyone present to speak against the issuance of the bonds. Being none, Mayor Johnson declared the Public Hearing closed at 1:43 p.m. City Clerk Phillip Para called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Brian Reece, Harold Thomas, James Pulliaum, Lorraine Robinson, Tracy Catt, Gheric Bruce (late 1:52 p. m.), Dr. C. W. Peeples, AZ Felton and Roberta Jackson. Councilor Thomas Burroughs was absent. Mayor Johnson declared a quorum present. City Treasurer Frank Martin offered prayer. BID OPENINGS Bids for the Utility Department were opened at 1:00 p.m. for a Wastewater Scada System. Bids were tabulated and presented to the City Council for approval. Councilor Peeples moved, seconded by Jackson to accept the bids as presented and refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. Leigh Ann Simmons, Main Street Coordinator and Gary Masner President of the Main Street Board presented Mayor Johnson with the Main Street Fall Festival 2000 chili cook-off poster and thanked him for his continued support of this festival and the Main Street Program. Mayor Johnson thanked them for their dedicated service. CITIZENS REQUESTS Sheila Stuart, 504 Hamilton -Sanitation Department picked up her husband's uniforms that were placed in a garbage container under her carport, not with her garbage in the back yard. The Public Works Committee previously voted to pay one half of the value of the uniforms, which was $30.00. Ms. Stuart stated she was disabled and they could not afford the other half. She said it was unfair for them to have to pay. Councilor Tracy Catt gave Ms. Stuart $30.00 as a donation to pay for her half of the uniforms cost. Councilor Thomas suggested Ms. Stuart put the uniforms in a different container other than a garbage container to prevent the same mistake from occurring again. She agreed to do so. Neal Hutchinson, 3601 Beatty - He thinks the hotel being built on Martin Luther King Blvd. needs to go back to the DRC because it passed by a vote of 4-2 and that is not a majority. The DRC ordinance states it shall be a 9-member committee, which would require 5 votes to be a majority. He also cited several court cases regarding zoning "takings" cases. Councilor Robinson asked City Attorney Peeples for an opinion on Ordinance 1290 in that it states that anything that DRC or Project Development contract has to be suitable to the City Council. Mr. Peeples said he would be glad to review the ordinance and give her an opinion later. Discussion was held concerning the amount of dirt that has been brought in at the site and whether the council approved this motel to be built. Mayor Johnson stated that site preparation is underway but no construction has begun. He asked Paul Luker, Director of Planning & Development to address the procedures of this project has followed. Mr. Luker stated the zoning was in place that 2 would allow for a motel. The building had to go before the Design Review Commission, the citizens in that area appealed to the City Council, the City Council referred it back to DRC for a reevaluation. The DRC reevaluated and modified the site plan to change the wall that borders the motel and the residential properties that adjoin the property from a wooden fence to a masonry fence and relocated the Dumpster. It was then approved as modified. Charles Hughes, 303 N. 36~' -His property joins the motel site and presented pictures of the area from their back yard. He expressed concerns of a drainage problem this could cause and also was concerned with the proposed 10' wall actually being 14' after a 4' foundation is built. He also said the wall would block sunshine in his back yard and harm his roses. Albert Robertson, 305 N. 36~' -Expressed concerns with the height of the fence and possible drainage problems this motel will cause. Mayor Johnson stated he felt Mr. Hutchinson had approached the right avenue by asking for an injunction. Mr. Hutchinson stated the injunction was for his property only. Mayor Johnson stated in his opinion an injunction would be the proper way to proceed to let the court stop the construction until this matter can be resolved. City Engineer Ward Wimbish came into the meeting later and was asked to address the drainage concerns. Mr. Wimbish reported he did look at the site and reviewed the drawings and in his opinion the drainage and run off will be contained and will have a positive impact in this area. Kevin McGlinchey, 3067 Convair Rd, Memphis, TN 38118 - He is the Iafrate Construction Area Manager whom are here to do the construction of I-40 for the State of Arkansas. He is pursuing the location of a concrete mixing facility on Mound City Road. He reported he had been before the Planning Commission and his initial request was denied. The Planning Director, Paul Luker drafted a PUD ordinance with a special use permit allowing for a temporary concrete plant. He asked what other avenues he had. Mayor Johnson stated this was an item on the agenda today. Councilor Pulliaum stated the ordinance on the agenda was not sponsored, therefore asked if it was to be dealt with today. City Attorney Peeples stated it was an item on the agenda under the Planning Commission recommendations. He also said there is an unsponsored ordinance on the agenda. However it was contrary to their procedural rules to be dealt with today. Pulliaum stated Mr. McGlinchey should have been advised the ordinance needed two sponsors. Mr. McGlinchey asked if he could get two sponsors today and let it remain on the agenda. Mr. Peeples stated it was a clerical error that it was on the agenda today and he would have to get two sponsors and have the ordinance put back on the agenda in two weeks. Councilor Bruce moved, seconded by Pulliaum that the ordinance be added to the agenda. Roll call vote was held and the motion died by the first vote of no by Councilor Reece. Mr. McGlinchey was advised he would have to have the ordinance sponsored by two alderman and stamped in by the City Clerk's Office no later than noon on Monday prior to the City Council Meeting. The next item on the agenda was the correction or approval of the minutes of the August 17, 2000 meeting. Councilor Peeples moved, seconded by Councilor Robinson to dispense with the reading of the minutes and approve as presented. Upon voice vote, the voting was unanimous. The motion carried. OLD BUSINESS None NEW BUSINESS Councilor Peeples moved seconded by Thomas to suspend the rules and that all Resolutions and Ordinances on the agenda be read by title only. Motion was approved by unanimous vote of the council. R-1 A Resolution accepting the annexation of certain territory to the City of West Memphis, Arkansas, and making same a part of the City of West Memphis, Arkansas. City Attorney Peeples read the resolution. Peeples moved, seconded by Thomas to accept. Upon voice vote the motion carried unanimously. The resolution was assigned No. 1664. R-2 A Resolution to adopt the West Memphis Marion Transportation Study. Catt moved, seconded by Peeples to table R-2 and Item #B of the Planning Commission Recommendations until the next meeting. Upon voice vote, the voting was unanimous. O-1 An Ordinance authorizing the issuance of Industrial Development Revenue Bonds for the purpose of financing certain industrial facilities; authorizing trust indentures securing the bonds; authorizing a lease agreement between the City of West Memphis and SB West Memphis, L.L.C.; authorizing the sale of the bonds; authorizing and prescribing other matters pertaining thereto; and declaring an emergency. City Attorney Peeples read the Ordinance for the FIRST time. Catt moved, seconded by Peeples to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Peeples moved, seconded by Catt to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Thomas moved, seconded by Jackson to adopt. Upon roll call vote, the voting was: AYES: Reece, Thomas, Pulliaum, Robinson, Catt, Peeples, Felton, and Jackson NAYS: None (Councilor Bruce was absent from the vote.) The ordinance was assigned No. 1950. Councilor Peeples moved, seconded by Councilor Catt to adopt the emergency clause, section 14. Upon roll call vote, the voting was: AYES: Reece, Thomas, Pulliaum, Robinson, Catt, Peeples, Felton, and Jackson NAYS: None (Councilor Bruce was absent from the vote.) O-2 An Ordinance attaching and incorporating certain described annexed territory to Ward One of the City of West Memphis and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. O-3 An Ordinance waiving competitive bidding on property insurance for city buildings with the Hartford Insurance Company, establishing an emergency and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Catt moved, seconded by Thomas to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Catt moved, seconded by Peeples to further suspend the rules and the ordinance be placed on its third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the THIRD and FINAL time. Catt moved, seconded by Jackson to adopt. Upon voice vote, the voting was unanimous. The ordinance was assigned No. 1951. Catt moved, seconded by Thomas to adopt the emergency clause, section 2. Upon voice vote, the voting was unanimous to approve. O-4 An Ordinance waiving competitive bidding for the purchase of property at 3301 E. Polk. City Attorney Peeples read the ordinance for the FIRST time. Felton moved, seconded by Thomas to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Peeples moved, seconded by Felton to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Felton moved, seconded by Catt to adopt. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1952. 4 O-5 An Ordinance waiving competitive bidding for the purchase of property at 3303 E. Polk. City Attorney Peeples read the ordinance for the FIRST time. Felton moved, seconded by Robinson to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. (Councilor Bruce returned to the meeting) Felton moved, seconded by Jackson to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Catt moved, seconded by Peeples to adopt. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1953. O-6 An Ordinance waiving competitive bidding for the purchase of property at 3305 E. Polk. City Attorney Peeples read the ordinance for the FIRST time. Felton moved, seconded by Catt to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Catt moved, seconded by Bruce to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Felton moved, seconded by Catt to adopt. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1954. O-7 An Ordinance waiving competitive bidding for the purchase of property at 200 Sunset. City Attorney Peeples read the ordinance for the FIRST time. Catt moved, seconded by Robinson to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Catt moved, seconded by Robinson to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Felton moved, seconded by Catt to adopt. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1955. O-8 An Ordinance waiving competitive bidding for the purchase of a material barge D/B Palaemon to be used in the port of West Memphis' floating dock project. City Attorney Peeples read the ordinance for the FIRST time. Catt moved, seconded by Thomas to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Peeples moved, seconded by Catt to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Cat moved, seconded by Peeples to adopt. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1956. During discussion Jackson asked if the county had made their port payment of $50,000. Mayor Johnson stated they had not and they were $200,000 behind. O-9 An Ordinance granting a special use permit in a I-L, Limited Industrial District, to allow an off-site trucking parking facility at 610 Petro. Cove, West Memphis, Arkansas. City Attorney Peeples read the ordinance for the FIRST time. PERMISSION REQUEST Catt moved, seconded by Thomas to give the Mayor permission to sign a purchase order for $99,945 for five police cruisers from Jim Ross Ford, Wynne, Arkansas. Upon voice vote, the voting was unanimous. Pulliaum moved, seconded by Peeples to approve the Planning Commission recommendations as submitted except for items #2 and #8 be tabled until the next meeting. Upon voice vote, the voting was unanimous. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Reece reported A&P Commission approved the refurbishing of the Christmas decorations and approved the budget for Dickens of A Christmas for 2000. No Fire Committee report. Thomas reported Public Works Committee to meet the third Tuesday at noon. Catt reported Insurance Committee to meet next week and get ready to bid out insurance for next year. Bruce reported Police Committee to meet third Wednesday at noon at the Police Department. ANNOUNCEMENTS Mayor Johnson presented a resume for Larry Leaks and said he would be appointing him to the DRC at the next meeting to replace someone that has not shown up for one meeting Mayor Johnson announced there is to be a workshop on racism sponsored by DREDD and encouraged members of city government to attend. It is to be held Friday 5-9 and Saturday 8:30 to 4:00. Paul Luker announced Monday, September 18~' at 5:00 p.m. there would be a Public Meeting regarding the updating of a Comprehensive Land Use Plan. He invited the City Council to attend. Having no further business to come before the council, Catt moved seconded by Peeples to adjourn. Motion carried unanimously. Meeting adjourned at 2:55 p.m. PASSED and APPROVED this ~~ ~ day of te:~nd sir , 2000. WILLIAM H. JO ON, MAYOR ATTEST: PHIL~ARA, CITY CLERK Bra TABUrrATroN 1NASTEWATER SCADA SYSTEM 1IaEST MEMPHIS, ARKANSAS September O7, 2000 CONTRACTOR AMOUNT BfD 1 KOONTZ ELECTRIC ~` 1223 E. BROADWAY ~ j ©3 MORRILTON, AR 1 2 MICRO-COMM, 1NC. ~ 6980 W. 153RD. STREET Q 5 ~ 8 1 OVERLAND PARK KS ~ 3 INSTRUMENT & SUPPLY, INC. P.O. BOX 1678 HQT SPRINGS, AR 4 SERV-ATRON,. INC. ~~ 14905 SMALLING RD. ! ~ 2 ~ s 3 NORTH LITTLE ROCK, AR 5 6 Project Description: tnstatt a supervisory control and data acquisition (SCADA) system for the West Memphis sanitary sewer pumping stations. This system wilt allow the Utility Department to monitor atarm conditions, cottect maintenance data, and control the operation of eight (8) primary pumping stations from a central location. • e ~••~ ~ • *t* ~'~ w ti i i • • ,•t~M•~• CI'T~Y Off' ~~~'~ M~MpI~I~ PLANNING AND DEVELOPMENT 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303 • (870) 732-7520 • Fax (870) 732-7504 0 Mayor William H. Johnson and City Council Members M: Christine Byrd, Planning Commission Coordinator TE: September 1, 2000 Recommendations from the regular scheduled Planning Commission meeting held on W nesday, August 30, 2000, to the Mayor and City Council, on Thursday, September 7, L) The West Memphis Planning Commission recommended to approve Special Use Permit A plication Case #SUP-09-00, for the property owner Mr. Chris Fox, Grace Trailer, for the pr perry located at 610 Petro Cove, Lots 5 & 7, McCarley Industrial Park. This property is Z ned I-1, Limited Industrial District. e property owner is proposing to use the property located at 610 Petro Cove for anoff--site p king facility to handle the over flow of trucks from his primary business, Grace Trailer, located at I S Petro Cove. (Ordinance prepared). ~ I ~~ f 1 ~~ ~7N,~,~ 7 c 1. The West Memphis Planning Commission recommended rejection of the PUD Zone Overlay ~licaiion Case #~ 0&00, for the petitioner, Mr. Mitchell Black, Angelo Iafrate Construction, the property located at 405 Mound City Road. petitioner requested the PUD Zone Overlay to be allowed to utilize the property for a ;rete batching plant. :} The West Memphis Planning Commission recommended to approve.~t~lax of Lots 2.3. c4c ~~ 116. gendal Subri. - A.P1Llicat~~on. Case# SD-13-00. ~ presented by Dennis Sorrell, Sorrell -nsulting Engineers, for the property owner Mr. Harold Buehler, Sr., Buehler Enterprises, Inc., the property located at 104 - I08 S. 12th Street. This property is Zoned C-1, General -mmercial District and contains 0.25 acres. Approval is subject to: Proper execution of all Certificates; An Equal Opportunity Employe i. Wing Commission Recommendations ember 1, 2000 two 2. 3. ~„ 4. IV. 6 Co fnr liV 1. 2. ~- 4. Approval of the City Engineer in regards to grading/drainage; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. } The West Memphis Planning Commission recommended to approve Replat Lots 4. S. 8c Block 14, Kendal Subd . Application Case # SD-14-00, presented by Dennis Sorrell, Sorrell isulting Engineers, for the property owner Mr. Harold Buehler, Sr, Buehler Enterprises, Inc. the property located at 7-6 - 710 S. 10th Street. This property is Zoned R 2, Low Density ;idential District and contains 0.25 acres. Approval is subject to: Proper execution of all Certificates; Approval of the City Engineer in regards to grading/drainage; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. V. The West Memphis Planning Commission recommended to approve Replat o~Lot 13. Block ec ubd licati n ase # D-15-00 presented ~by Dennis Sorrell, Sorrell Consulting E eers, for the property owner Mr. Harold Buehler, Sr, Buehler Enterprises, Inc. for the pr perry located 2900 - 3008 E. Polk Street. This property is Zoned R-2, Low Density R idential and contains 3.08 acres. Approval is subject to: I. 2. 3. 4. Proper execution of all Certificates; Approval of the City Engineer in regards to grading/drainage; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. P 1. 2. 3. 4. ping Commission Recommendations ember 1, 2000 three The West Memphis Planning Commission recommended to approve Revlat of Lots 4, S. 6. 108. Kendal Subdue Annlicatr'on Case #SD-1 X00, presented by Dennis Sorrell, Sorrell Zsulting Engineers, for the property owner Mr. Harold Buehler, Sr., Buehler Enterprises, Inc. the property located at 206 - 210 S. 1 lth Street. This property is Zoned R-4, Medium ~sity Residential and contains 0.25 acres. Approval is subject to: Proper execution of all Certificates; Approval of the City Engineer in regards to gradingldrainage; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. .) The West Memphis Planning Commission recommended to approve Replan of,. Lots 3, 4~.& 11c 114 Kendal ubd lication ase D-17-00, presented by Dennis Sorrell, Sorrell C sulting Engineers, for the property owner Mr. Harold Buehler, Sr., Buehler Enterprises, Inc., fo the property located at 106 - 110 S. IOth Street. This property is Zoned C-l, General C ercial District and contains 0.33 acres. Approval is subject to: 1. 2. 3. 4. ,~oa;Pi C ~ ~\ ~ Proper execution of all Certificates; Approval of the City Engineer in regards to grading/drainage; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. ) Mr. Eddie Brawley presented the 2025 Transportation Plan and Resolution to the nission for review. The Commission recommended approval of the 2025 Transportation and recommended the Resolution be presented to the City Council for adoption of the 2025 >portation Plan. (Resolution prepared). ) The West Memphis Planning recommended to change the next regular scheduled meeting n Wednesday, September 27, 2000. to Thursday September Z8. Z000. X.~ Mr. Rob Middelton presented preliminary recommendations on update of the Comprehensive Pl~n. The Planning and Development Department will hold a public hearing on Monday, September I8, 2000, at 5:00 P.M. in the Council Chambers.