October 5, 2000MINUTES
WEST MEMPHIS CITY COUNCIL
OCTOBER 5, 2000
A regular meeting of the West Memphis City Council was held on Thursday, October 5,
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 1:30 p.m. Brother McCool of the
Pentecostal Church offered prayer and invited everyone to attend the God Is Ready
Crusade Revival tonight through Saturday night. City Clerk Phillip Para called the roll.
Those present were: Mayor William H. Johnson, City Attorney David Peeples, City
Treasurer Frank Martin, Councilors: James Pulliaum, Lorraine Robinson, Tracy Catt, Al
Felton, Roberta Jackson, Brian Reece, and Harold Thomas. Absent: Councilors Gheric
Bruce, Dr. C. W. Peeples, and Thomas Burroughs. Mayor Johnson declared a quorum
present.
BID OPENINGS
Bids for Community Development Demolition was opened at 1:00 p.m. Bids were
tabulated and presented to the City Council for approval. Councilor Thomas moved,
seconded by Felton to accept the bids as presented and refer to Community Development
for final disposition. Upon voice vote, the voting was unanimous. (Copy attached)
CITIZENS REQUESTS
Barbara McCoy, 315 S. 16th - requested a waiver from the requirement of installing
sidewalks at the property she purchased at the intersection of Birch and Walnut Street.
She further stated she could not afford sidewalks and was not aware of the requirement of
installing sidewalks when she purchased the property. Ms. McCoy also said she was not
told she had to install sidewalks. Jim Walter Homes purchased the building permit.
Mayor Johnson, for the record, stated Paul Luker, Director of Planning & Development
reports that she was informed of the requirement when the building permit was issued.
Mayor Johnson also stated for the record that there are sidewalks in the area. Catt
moved, seconded by Felton to grant asix-month extension for sidewalks to be installed
beginning from today and for Planning & Development to issue a temporary certificate of
occupancy contingent of sidewalks being installed within asix-month time period. Reece
asked if she does not install sidewalks could the city enforce this. Mayor Johnson said
under a certificate of occupancy, if it is canceled, the city has the right to discontinue
utility services. Upon voice vote, the voting was unanimous.
The next item on the agenda was the correction or approval of the minutes of the
September 21, 2000 meeting. Councilor Robinson moved, seconded by Councilor
Pulliaum to dispense with the reading of the minutes and approve as presented. Upon
voice vote, the voting was unanimous. The motion carried.
OLD BUSINESS
3rd reading of 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 THIRD AND FINAL time. Felton
moved, seconded by Robinson to approve. Upon voice vote, the voting was unanimous.
The ordinance was adopted and assigned No. 1957.
3rd reading of an ordinance granting a special use permit in a I-1, limited district to
allow an off-site trucking parking facility at 610 Petro Cove, West Memphis, Arkansas
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City Attorney Peeples read the ordinance for the THIRD AND FINAL time. Catt moved,
seconded by Felton to approve. Upon roll call vote, the voting was:
AYES: Robinson, Catt, Felton, Jackson, Reece, and Thomas
NAYS: Pulliaum
The ordinance was adopted and assigned No. 1958.
2nd reading of an ordinance to amend zoning ordinance 1258, as amended, Article III
Section 3, Paragraph B (1) (b), to allow batching or mixing plant, asphaltic or portland
cement, concrete, mortar, or plaster, in a I-1, Light Industrial District, upon issuance of
Special Use Permit
Catt moved, seconded by Thomas to refer the ordinance back to Planning Commission in
order for them to hold a public hearing on this matter. Upon voice vote, the voting was
unanimous.
2nd reading of an ordinance to rezone a 10.0 acre parcel of land located at 405 Mound
City Road, from I-1, Light Industrial District, to a PUD Zone Overlay to allow a concrete
batching facility.
City Attorney Peeples read the ordinance for the SECOND TIME.
NEW BUSINESS
Councilor Catt moved seconded by Pulliaum to suspend the rules and that all-remaining
Resolutions and Ordinances on the agenda be read by title only. Motion was approved by
unanimous vote of the council.
R-1 A Resolution certifying the amounts of liens imposed on certain properties for
boarding up of vacant structures contracted by the City of West Memphis pursuant to
ordinance 1716.
City Attorney Peeples cited a correction on the second whereas, 4th line, should read
"unknown". He then read the Resolution as corrected. Catt moved, seconded by Jackson
to adopt. Upon voice vote, the voting was unanimous. The resolution was adopted and
assigned No. 1667.
R-2 A Resolution to approve the sale of certain real property to Harold E. Buehler ST.,
and Jo Ellen Buehler and authorizing the Mayor and City Clerk to execute the Special
Warranty Deed on behalf of the City of West Memphis
City Attorney Peeples read the Resolution. Pulliaum moved, seconded by Catt to
approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and
assigned No. 1668.
R-3 A Resolution certifying the amounts of liens imposed on certain properties for grass
cutting contracted by the City of West Memphis pursuant to Ordinance 1385 and removal
of construction remodeling and demolition type debris pursuant to Ordinance No. 1697.
City Attorney Peeples read the Resolution. Catt moved, seconded by Thomas to delete
the address of 717 Holiday Drive on page 3. Upon voice vote, the voting was
unanimous. Felton moved, seconded by Robinson to approve as amended. Upon voice
vote, the voting was unanimous. The Resolution was assigned No. 1666. (This
resolution was read before R-1 and R-2)
O-1 An Ordinance to waive competitive bidding for the purchase of the property at 3405
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. Thomas moved, seconded by Jackson 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.
Felton moved, seconded by Jackson to approve. Upon voice vote, the voting was
unanimous. The ordinance was adopted and assigned No. 1959.
O-2 An Ordinance to waive competitive bidding for the purchase of the property at 321 S
E. Polk.
City Attorney Peeples read the ordinance for the FIRST time. Robinson 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. Felton moved, seconded by Catt 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.
Felton moved, seconded by Thomas to approve. Upon voice vote, the voting was
unanimous. The ordinance was adopted and assigned No. 1960.
O-3 An ordinance granting a special use permit in a C-1, General Business District, to
allow the construction of a multi family structure(s), at 104-108, S. 12th Street, West
Memphis, Arkansas.
City Attorney Peeples read the ordinance for the FIRST time.
O-4 An ordinance granting a special use permit in a C-1, general business district, to
allow the construction of a multi family structure(s), at 106-112, S. 10th Street, West
Memphis, Arkansas.
City Attorney Peeples read the ordinance for the FIRST time.
O-S An ordinance to rezone 203, 205 and 207 N. OK Street.• a parcel containing 1.8
acres in the City of West Memphis, Crittenden County, Arkansas, from C-2, open display
commercial district, to I-1, limited industrial district.
City Attorney Peeples read the ordinance for the FIRST time.
O-6 An ordinance to rezone 2500-4201 Mound City Road, a 500 acre parcel of land in
the City of West Memphis, Crittenden County, Arkansas from R-1, single family
residential, to planned unit development.
City Attorney Peeples read the ordinance for the FIRST time.
O-7 An ordinance implementing a $25.00 warrant fee for all warrants served by order of
the West Memphis Municipal Court to the West Memphis Police Department.
City Attorney Peeples read the ordinance for the FIRST time.
PERMISSION REQUESTS
Catt moved, seconded by Pulliaum to give permission for the mayor to sign a contract
with Shrine Circus. Upon voice vote, the voting was unanimous. The motion carried.
Catt moved, seconded by Felton to table the Planning Commission recommendations
dated September 1, 2000, item 2, (tabled from September 17, 2000 meeting) until the
next City Council meeting. Upon voice vote, the voting was unanimous.
Thomas moved, seconded by Catt to approve the Planning Commission
recommendations dated October 2, 2000. Upon voice vote, the voting was unanimous.
(Copy attached)
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Felton moved, seconded by Thomas to distribute Southland Racing Disaster Relief Days
funds in the amount of $9,042.77 to the Good Neighbor Center and the proceeds from
three Charity Days in the amount of $3,532.29 to be divided 11 ways to include the
council and mayor, giving them $321.12 each to distribute to the charity of their choice.
Upon voice vote, the voting was unanimous.
Robinson moved, seconded by Thomas to table giving permission for the City Treasurer
to sign the Investment Manager Agreement with NBC until the next meeting. Upon
voice vote, the voting was unanimous.
Catt moved, seconded by Thomas to give permission to pay Mill Creek Farms, Inc.,
$85,000 for the D/B Palaemon Material Barge. Upon voice vote, the voting was
unanimous.
Catt moved, seconded by Thomas to give permission to pay Roy Pugh Abstract Company
$72,000, plus all closing costs for 200 Sunset. Upon voice vote, the voting was
unanimous.
COMMITTEE REPORTS
Catt reported the Insurance Committee put bids out for 2001 insurance. The quotes have
a November 1 ~ deadline. Budget Committee to meet October 25`". Police Commission
to meet the third Wednesday of this month
Robinson thanked City Clerk Phillip Para for reading to the first grade class at Wonder
Elementary School.
Thomas reported Public Works Committee meeting has been moved to the fourth
Tuesday this month at noon. Utility Commission meets next Thursday at 8:30 a.m.
Having no further business to come before the council, Catt moved seconded by
Robinson to adjourn. Motion carried unanimously. Meeting adjourned at 1:55 p.m.
PASSED and APPROVED this ~ ~ day of (Q ~`~tUE~ , 2000.
WILLIAM H. JOHNS N, MAYOR
ATTEST:
PHILLI ,CITY CLERK
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CITY OF W~~ST M~MPKI~S
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
DACI'E: October 2, 2000
RE Recommendations from the regular scheduled Planning Commission meeting held on
Th rsday, September 28, 2000, to the Mayor and City Council, on Thursday, October 5,
L) The West Memphis Planning Commission recommended to approve a Special Use Permit,
Ap lication Case #S'UP-10-00, for the property owner United Development LP 2000,
rep esented by Mr. Harold Buehler, Buehler Enterprises, Inc., for the property located at 104 -
10 S. 12th Street, Lots 2 - 4, Blk. 116, Kendal Subd.. This property is Zoned C-1, General
Co ercial District and contains 0.25 acres.
property owner is requesting to use the property located at 104 - 108 S. 12th Street as a
i-family residential use. The property owner is proposing to construct 3 units at this location.
property is currently vacant. (Ordinance prepared).
II.) The West Memphis Planning Commission recommended to approve a Special Use Permit,
Ap lication base #SUP-11-00 -for the property owner United Development LP 2000,
rep esented by Mr. Harold Buehler, Buehler Enterprises, Inc., for the property located at 106 -
I l S. 10th Street, Lots 3 - 6, Blk. 114, Kendal Subd.. This property is Zoned C-1, General
Co ercial District and contains 0.33 acres.
property owner is requesting to use the property located at 106 - 112 S. 10th Street as a
ti-family residential use. The property owner is proposing to construct two (2) structures that
old have two (2) units each. This property is currently vacant.(Ordinance prepared)
An Equal Opportunity Employer
Wing Commission Recommendations
ber 2, 2000
two
III. The West Memphis Planning Commission recommended to approve Rezone A~vlic:__ anon
e Z-09-DO presented by Mr. James Carpenter and Mr. Harold Carpenter, for the property
loc ted at 203 - 207 N. OK Street, Lots 8-A, 8-B, 8-C, of the Replat of Lot 8 Walker Estate
Su division. This property is Zoned C-2, Open Display Commercial District and contains 1.42
~ Th property owner is requesting to convert the zoning from C-2, Open Display Commercial
Dis rict to I-1, Limited Industrial District.(Ordinance prepared)
IV. The West Memphis Planning Commission recommended to approve Rezone A~nlicr. anon
e #Z- 0-00 ,presented by Guaranty Loan and Real Estate, for the property located at 2500 -
~ 42 0 Mound City Rd.. This property is Zoned R-1 Single Family Residential and contains 500
acr s, more or less. (ordinance prepared)
property owner is proposing to convert the subject property from the R-l, Single Family
idential District, to a Planned Unit Development. The conversion would allow Single Family;
lti-Family and Commercial uses. The property is currently undeveloped. (Ordinance
pared)