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October 19, 2000MINUTES WEST MEMPHIS CITY COUNCIL OCTOBER 19, 2000 A regular meeting of the West Memphis City Council was held on October 19, 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 1:50 p.m. Prayer was given by Sidney ' Runnels. Jr. Deputy City Clerk Nanette Smith called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Lorraine Robinson, Tracy Catt, Gheric Bruce, Dr. C. T~ Peeples, Al Felton, Thomas Burroughs, Roberta Jackson, Brian Reece and James Pulliaum. Absent were: City Clerk Phillip Para and Councilor Harold Thomas. Mayor Johnson declared a quorum present. Bids for West Memphis Utilities, 15 Yard Dump Truck, were opened and tabulated at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council. Bids for Public Works Department, 12 Yard Dump Truck, were opened and tabulated at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council. Councilor Catt moved, seconded by Councilor Peeples to accept the bids and refer them to the Utility Commission and Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. (See attached sheets} C'TTT7.EN5 REQUEST There was no one that had signed up to come before the City Council. Councilor Robinson moved, seconded by Councilor Catt to approve the minutes of October 5, 2000 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS Third and. final 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 hatching plant. City Attorney Peeples read by title only the Ordinance for the THIRD and FINAL TIME. Councilor Bruce moved, seconded by Councilor Jackson to approve the Ordinance. After brief discussion and explanation from Mr. Paul Luker, Director of Planning and Development, the roll was called. AYES: Councilors Bruce, Jackson and Pulliaum NOES: Councilors Robinson, Catt, Peeples, Felton, Burroughs and Reece The motion to adopt the Ordinance FAILED. Second reading of 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 by title only the Ordinance for the SECOND TIlVIE. 2 Second reading of 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 by title only the Ordinance for the SECOND TIME. Second reading of 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 by title only the Ordinance for the SECOND TIME. Second reading of 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 by title only the Ordinance for the SECOND TIlVIE. Second reading of 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 by title only the Ordinance for the SECOND TIME. Mayor Johnson stated the next four Resolutions were recommended and prepared by the Arkansas Municipal League which have to do with the Amendments on the ballot in the next election. The Arkansas Municipal League has gone on record stating they are supportive of Amendment 1 and opposed to Amendments 2, 3, and 4. Councilor Pulliaum moved, seconded by Councilor Peeples to read title only on the next four Resolutions. Upon voice vote, the voting was unanimous. R-1 A Resolution supporting the City and County Government Redevelopment Bond and Short-Term Financing Amendment known as Amendment 1 for the 2000 Ballot. City Attorney Peeples read. the Resolution by title only. Councilor Peeples moved, seconded by Councilor Catt to approve the Resolution. Mayor Johnson explained in more detail exactly what Amendment 1 consists of. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1669. R-2 A Resolution opposing Amendment 2 of the November 2000 Ballot. City Attorney Peeples read the Resolution by title only. Mayor Johnson explained in more detail Amendment 2. Councilor Robinson moved, seconded by Councilor Peeples to approve the opposition of Amendment 2. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned. No. 1670. R-3 A Resolution opposing Amendment 3 of the November 2000 Ballot known as the Judicial Article. City Attorney Peeples read the entire Resolution. There was brief discussion. Councilor Catt moved, seconded by Councilor Bruce to approve the opposition of Amendment 3. Upon voice vote, the voting was unanimous. The Resolution was- adopted. and assigned No. 1671. R-4 A Resolution opposing the passage of proposed Amendment 4. City Attorney read the entire Resolution. Mayor Johnson explained in more detail Amendment 4. Councilor Catt moved, seconded by Councilor Bruce to approve the 3 opposition of Amendment 4. Upon voice voterthe voting-was unanimous_ The Resolution was adopted and assigned No. 1672. PF.RMIS.SI~1~I R~(lUEST Mayor Johnson stated the first item was Planning Commission Recommendations, Item #Z which was tabled from September 17 and October 5, 2000 meetings. The Planning Commission had rejected the PUD and the City Council did not want to approve the recommendations until a vote was taken on the Ordinance regarding this issue. Councilor Cott moved, seconded by Councilor Peeples to approve the Planning Commission Recommendations. The roll was called. AYES Councilors Robinson, Catt, Peeples, Felton, Burroughs, Jackson and Reece NOES: Councilors Bruce and Pulliaum The. motion PASSED to approve the Planning Commission Recommendations. Mayor Johnson stated the next item was permission for the City Treasurer to sign the Investment Management Agreement with NBC. He further stated the City Treasurer asked for this to be tabled. Councilor Catt moved, seconded by Councilor Felton to table this. Upon voice vote, the voting was unanimous. Mayor Johnson asked for permission to transfer funds from the Utility Department to the Public Facilities Board which has to do with the purchase of the Wal-Mart building. Mayor Johnson stated the Public Facilities Board will use $75,000 of their money and will barrow $300,000 from the Utility Department. Councilor Reece moved, seconded by Councilor Catt to approve the transfer of funds. There was discussion regarding this matter. The roll was called. AYES: Councilors Robinson, Catt, Peeples, Felton, Burroughs, Jackson and Reece NOES: Councilors Bruce and Pulliaum The permission was gr~.nted. Mayor Johnson asked permission to pay P & J Fowler, Inc. $219,522.33 far South 2~ st & Van Buren Street Improvements. Councilor Bruce moved, seconded by Councilor Robinson to pay P & J Fowler, Inc. Upon voice vote, the voting was unanimous. Mayor Johnson asked permission to sign the contract with Crittco Construction for Sewer Pump Rehab # 14 & # 15. Councilor Felton moved, seconded by Councilor Peeples to approve. Upon voice vote, the voting was unanimous. Councilor Catt left the City Council Chambers_ Mayor Johnson asked permission to pay $191,177.33 to Crittco Construction, Lee Catt and Sorrell Consulting Engineers for the J.W. Rich Industrial Park Project, which is the Bosch Skill building on Airport Rd. Councilor Felton moved, seconded by Councilor Jackson to pay this amount when the money is received from the State of Arkansas. Upon voice vote, the voting was unanimous. Councilor Catt returned to the City Council Chambers. Mayor Johnson asked permission to pay OMI $53,326 for the month of November. Councilor Pulliaum moved, seconded by Councilor Robinson to pay OMI_ Upon voice vote, the voting was unanimous. 11~Iayor Johnson stated the next three items had to do with the properties the City is purchasing under the Flood Mitigation Program on East Polk Street. Mayor Johnson asked permission to pay Roy Pugh Abstract Company $47,500 plus $2,000 far moving expenses and closing costs for 3215 E. Polk, $56,000 plus $2,000 moving expenses and closing costs for 3301 E. Polk and $68,000 plus $2,000 far moving expenses- and closing costs for 3405 E. Polk Street. Councilor Pulliaum moved, seconded by Councilor Robinson to pay Roy Pugh Abstract. Upon voice vote, the voting was unanimous. 4 Councilor Peeples stated there. was another Amendment onthe November 2000 Ballot, which is Amendment 5 that has to do with the establishment of bingo, lottery and casinos in the State of Arkansas. Mayor Johnson asked the City Council. if they would like to take a vote on it to let the public know how the majority of the City Council feels regarding this Amendment. Councilor Peeples moved, seconded by Councilor Jackson to appose Amendment 5. The roll was called. AYES: Councilors Robinson, Catt, Peeples, Felton, Burroughs, Jackson and Reece NOES: Councilors Bruce and Pulliaum voted as present. For the record Mayor. Johnson voted yes. ~OiVIMITTF,F, REP Councilor Catt stated the Police Commission met and discussed the Reserve Officer Program and the warrant fee for the Police Department. Insurance Committee will meet October 27th and the Budget Committee will meet at noon October 2Sth. The Park Commission did not have a quorum at the last meeting. There being no further business to come before the City Council, Councilor. Cott moved, seconded by Councilor Bruce to adjourn. Motion carried unanimously. The meeting adjourned. at 2:50 p.m. PASSED and APPROVED this ~~,~ day of ~ d v e r~, ~ v~ , 2000. ~II.,LIAM FI. J(~FIN N, M1~YaR ATTEST: _- PHII. P TY CLERI£ Public Works Department Bid Tabulation Sheet for October 19, 2000 Supply and Delivery of One New 12-Yard Dump Truck 1. 2. 3. 4. 5. 6. 7. 8, 9. 1 Dealer Scruggs Equipment Company Tri-State Mack, Inc. Mid-America International Trucks, Inc. S~ ~ ~~ u. uote One New Truck $ ~q l8~ $ Cv~.37= ~= p 7 ~ $ (03 8q~ WEST MEMPHIS UTILITIES DUMP TRUCK BIDS 10-19-2000 GMC TRUCK-GENERAL 1973 E. BROOKS ROAD MEMPHIS, TN 38116 PH: 345-3270 TRUCK SALES & SERVICE BARYON FREIGHTLINER f ATTN: RONNIE HARVILLE r-r ~ 1650 E. BROOKS ROAD MEMPHIS, TN 38116 PH: 345-5633 TRI-STATE MACK ATTN: BYRON PRESTON 494 E. CRUMP BLVD. MEMPHIS, TN 38101 PH: 947-5000 SOUTHLAND TRUCK CENTER 673 E. BROOKS ROAD MEMPHIS, TN 38116 PH: 332-8990 STERLING TRUCKS OF ARKANSAS-RON COOK 7200 S. UNIVERSITY AVENUE LITTLE ROCK, AR 72209 GLOVERS TRUCK PARTS & EQUIPMENT-MIKE TINKLE 1200 BAUCUM INDUSTRIAL DRIVE NORTH LITTLE ROCK, AR 72117 MID-AMERICA INTERNATIONAL TRUCKS INC. 1750 E. BROOKS ROAD MEMPHIS, TN 38116 l /g 5, L7V.ao l i WAL * MART@ September 21, 2000 * NON-BINDING LETTER OF INTENT a ~~r Sidn y Runnels City f West Memphis Offi e of Economic Development 205 .Redding Wes Memphis, AR 72303 Re -MART STORES, INC. * 2001 S. E. 10TH STREET BENTONVILLE, AR 72712-6489 ~ (501) Z73-~f'1Z:3 Vacant KmartJFood 4 Less building 1101 Missouri Ave. West Memphis, AR Sidney: The following proposal establishes the basic terms and conditions that are being reviewed by al-Mart senior management for approval in connection with your interest in pur hasing the above referenced location. The terms contained herein are not to be considered as an offer of any kind and are non- bin ing upon Wal-Mart, its affiliates, employees or agents, subject to change, and in add tion, any transaction we agree upon is subject to Wal-Mart's Development Co mittee's approval and the execution by said parties of mutually acceptable documents. 1) ore Size: Approximately 68,337 sq. ft. (MOL) building at the above referenced location which shall bed livered to the Buyer, broom clean, but otherwise in "as is" condition. 2) Seller: Wal-Mart Stores, Inc. 3) buyer: City of West Memphis, AR 4) Purchase Price: 5375,000.00 5) I spection Period: 28 days. Buyer shall have until Thursday, 10/19/2000 to evaluate the pro osed transaction. 1 -R i 6) l~arnest Money: $25,000. The Earnest Money becomes non refundable on Friday, 10/20/2000. 7) losing: 45 days after the end of the Inspection Period (estimated to 12/4/2000). S) losing Costs: Closing costs shall be paid by Buyer. 9) Survey: Survey shall be provided by Seller. 10) itle Insurance: Title insurance shall be purchased by Buyer. 11) nvironmental Hazards: Buyer assumes all risk, property will be sold "as is". 12) estrictions: None. 13) ocumentation: Seller shall prepare the documents. Sidn y, I hope this proposal meets your needs. As we both know, there has been a lot of time and effort by b th parties to push this deal to this point. To refresh your memory, Wal-Mart Stores, Inc. intends to purc ase the property for $1,075,000. Closing is planned for Tuesday, 10/31/2000. We have to give noti a to our landlords by Friday, 10/20/2000 of our decision not to close, otherwise we lose our deposit. Ther fore, it is imperative that the City of West Memphis and Wal-Mart make a decision immediately. Plea e review, sign, date and return this letter to my attention at the above referenced address Upon receipt of the signed letter, the documents will be sent to your group for execution. Sin~;rely, v i Y' ~V Sco W. Stokenbury Real Estate Manag ,Excess perry Agreed and Accepted this day of 2000. By: cc S~nya Webster, Esq. 2 ~/ i '~ ME1~ To: From Date Whet going proje Utilit~ pay $ this p purer $1,SC PSB. C~itg o~uM A.ll City Council Persons Mayor William H. Johnson October 12, 2000 • f ~••- ~ ~ ~** ~~ i 1 i • • ~ t ~ M ~'• ilrittm ~_ J~aS~rrs~art ~tt~IIr I was elected to office one of the questions presented most often was, "What are you to do about the old K-Mart Building on Missouri?" Sidney has worked diligently on this ;t and we now have a great solution to this problem. Wal-Mart has made the enclosed sal for our immediate consideration. Today the Public Facilities Board has approached the ~ Commission and together they have offered the following financial package. The PSB will 75,000 out of their e;cisting funds and the Utility will loan the PSB $300,000 to complete archase. We will make this building available to potential business prospects as soon as the ase is complete. The vacant property adjacent to this property on the south side is priced @ 00,000.00 with no building. You will be asked to approve the loan from the Utility to the 205 South Redding ~ West Memphis, Arkansas 72301 (870) 732-7500 ~, i.,c.x~al lh~:,ui i~~Liu: a for ~: mart Demised Prentiss taest ~icn~his, Arkansas Our Reference ,236 e ~" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Cormlcncing at the intersection of the east rigizt-of-ws.y line cf ,Missouri Street and Section line 7, Township 6 North, Range 9 Last; thence south 795.50 feet to the point of beginning; thence leaving said right-of-way east 285.00 feet; thence south 32.42 feet; thence east 239.66 feet; thence nor.~th 240.00 feet + to the westerly right-of-way line of the St. Louis and San Francisco Railroad; thence continuing along last said right-of-way South 11"00'30" East 688.0 feet +; thence leaving said right- of-way line west 656.94 feet to the east right-of-way line of Missouri Street; thence following last said right-of-way north 471.00 feet to the point of beginning. Containing 284,025 square feet or 6.52 acres nnre or less. .~/ ~,~ ~' ., .. -~~.: Revised January 26, 1977 EhHIBIT A l • ~, .• Q ° REQUEST FOR PAYMENT/EXP.ENDITURE REPORT ~- -4024 ~~x e~ I - -oo FOR AIDC GRANT PROGRAM FUNDS SECTION I --=-- RE UEST FOR PAYMENT (RF P GRANT AGR EMENT CONTROL NUMBER (1) GRANT PROGRAM (2) REQUEST N0. (3) DATE OF RQST. (4) Ar?cansas Department 1 IF 200101 l of Economic Develop ent 09/29/00 NAME AND DDRESS OF GRANTOR AGENCY (5) NAPAE AND ADDRESS OF GRANTEE (6) MAKE STATE CHECK PAYABLE T0: City of West Meriphis (Name and address of Depository Bank) (7) Community evelopment Division PO Box 1728 Fidelity National Bank . Arkansas In ustrial Development Commission 1 Ca pitof Ma I, Room 4C-300 West Mem his p , ~ ' 7 2 3 0 3 PO Box 2288 Little Rock, R 72201 West Me*_:tphis, AR 72303 Acct. ~: 10-9228-6 Gt. Administ atop: Judv Alexander Contact Person: William H. Johnson Bank Contact: Marlene Keenan Phone Num er: 501-t82-7324 Fhone Number: 870-732-7500 Phone Number: 870-735-8700 SECTION II ---- EXPEND ITURE REPORT AND PROJECTED NEEDS (2) (2} (3) I I (4) (5) (6) (~) Grant Budg t Items I Total Current Expenditures Expenditures Total Grant Balance of Projecte.i needs'/ Budget Previously .since last Expenditures Grant Funds Actual Invoices I RaForted ' RFP/ER I to date I Activ ty: ITT1 TT ~ ......... .. ... ~:{ ~: :,~,: . j~: :=~ ~: ccConstr ction 913 550.00 -0- - - _ _ 782,372.67 $131,177.33 rcDes~ n Fees 86,450.00 ~ -0- -0- -0- $26 450.00 $ 60,000.00 cc Audit 1,000.00 '; -0- I -0- -0- $ 1 000.00 ( -0- cc cc I cc cc cc I cc I cc i ~ CC CC TOTALS 1 001 000.00 -0- I -0- -0- 1 001 000.0 S191 177.33 SECTION lil --- STATUS OF GRANT FUNDS (Must be Completed by Grantee) Line 1. Gra t funds received to date ~ -0- ;~ Line 2. Ad Program income to date + -0- Line 3. SUBTOTAL: Total funds available to date 0 - (Add Lines I & 2) $ - Line 4. Les : Actual disbursements to date (-) -0- Lime 5. SUBTOTAL: Cash on hand this date ' -0- (Subtract Line 4 from Line 3) $ Line 6. Pro ected needs/Actual Invoices $ 1 91 , 177.33 (E uals Column (7) total below) Lane 7. Unpaid requests for payment _0- (Previously submitted) $+ Line 8. Cash on hand (Line 5) + -0- Line 9. TOTAL (Add lines 7 & 8) $ -0- Line 10. To al funds needed to meet obligations 1 91 , 177.33 $ ( btract Line 9 from Lirie 6) Line 11. To al Amount of this Request for Payment $ 191 . 1 77.33 Grantee Com P i ents/Explanation: SECTION IV ---- CERTIFICATION (Must Be Com leted B Grantee) 1 certi that this Request for_Payment has been prepared in accordance with the terms and conditions of the grant agreement with AIDC and thatthe am unt requested is proper for payment to the drawer or for credit to the account of the drawer at the drawer's bank. l also certify that the date report d above is correct and that the amount of the Request for Payment is not in excess of current needs. 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DOPER WEST IvfPHIS, AR 7230 i f nvo i ce DATE fNVOlCE # r 09/i if2000 5497 C~Op~I Fed - ~x ~ l(?~-oo DESCRIPTION ~ AMOUI~IT RE: J.W. RICH IlIDUSTRIAL PARK PR JECT NO. EIF 199923 TO AL ENGR. FEE - $100,000.00 ENGINE RING SERVICES -PARTIAL PAYMENT APPROVIED BY: ATT, PRES. (', Y LOAN & REAL ESTATE CO. 60,000.00 TOtat $6o,aoo.aa