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January 4, 2001MINUTES WEST MEMPHIS CITY COUNCIL JANUARY 4, 2001 A regular meeting of the West Memphis City Council was held on January 4, 2001 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 1:38 p.m. Brother Bruce McCarty offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Tracy Catt, Gheric Bruce, Dr. C. W. Peeples, Al Felton, Hubert Bass, Herman Coleman, James Holt, Harold Thomas, and James Pulliaum. Absent: Councilor Lorraine Robinson. BID OPENINGS Bids for Community Development Demolition were opened and tabulated at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council. Councilor Pulliaum moved, seconded by Councilor Thomas to accept the bids and refer them to Community Development for final disposition. Upon voice vote, the voting was unanimous. (See attached tabulation) CITIZENS REQUEST There were no citizens signed up to speak MINUTES Councilor Peeples moved, seconded by Councilor Thomas to approve the minutes of December 21, 2000 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS There was no old business NEW BUSINESS Councilor Catt moved, seconded by Councilor Pulliaum to approve 1/12th of the 2001 budget for the month of January. Upon voice vote, the voting was unanimous. The motion carried. O-1 An ordinance granting a special use permit in a C-2 Open Display Commercial Disfrict, to allow for the construction of multifamily structures at 9750 East Broadway, West Memphis, Arkansas. Pulliaum moved, seconded by Catt to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. The motion carried. City Attorney Peeples read the Ordinance for the FIRST time. Peeples moved, seconded by Felton 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. Pulliaum moved, seconded by Peeples 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 Bruce to approve. Discussion. Ms. Vicky Robertson gave a brief report on the proposed project. She said there will be 40, two and three bedroom units on this site. She asked the City Council to consider adopting an emergency clause. Discussion. Mayor Johnson said they needed to vote on the motion on the floor first which was to approve the ordinance. Voice vote on the motion to approve was unanimous. The ordinance was adopted and assigned No. 1979. Discussion continued on the adoption of an emergency clause. Ms. Robertson explained the funding they were applying for comes from ADFA. She received notification ADFA has left over funding from last year .However she needs to apply for funding right away and before she can apply all zoning requirements have to be in place. Felton moved, seconded by Pulliaum Ordinance 1979 be amended to add: Section 11! : It is hereby found and determined by the City Council of the City of West Memphis, Arkansas that there is an urgent and immediate need to adopt this ordinance in order to protect against a potential loss of funding if site control is not granted to the purchaser immediately, and, therefore an emergency is hereby declared to exist and this ordinance being necessary for the protection of the safety and welfare of the citizens of West Memphis, this ordinance shall be effective from and after the date of its passage and approval. Upon voice vote the voting was unanimous to approve. The emergency clause, section 3 was adopted. PERMISSION REQUESTS Pulliaum moved, seconded by Catt to approve payment of $73,523.40 for membership and legal fees to Arkansas Municipal League. Upon voice vote, the voting was unanimous. Pulliaum moved, seconded by Thomas to give permission to destroy 1995 financial records requested by Robert Gunter. Upon voice vote, the voting was unanimous. Councilor Coleman to witness the destruction. Councilor Peeples moved, seconded by Councilor Pulliaum to give Mayor Johnson permission to sign a contract with Jessie Booker for the demolition of 200 Sunset. Upon voice vote, the voting was unanimous. Councilor Catt moved, seconded by Councilor Peeples to approve the Planning Commission Recommendations as presented. Upon voice vote, the voting was unanimous, (See attached). COMMITTEE REPORTS Councilor Thomas announced the Public Works Administrative Assistant has moved her office back at City Hall from the Utility Commission. Councilor Catt reported there would be a Budget Meeting immediately following the City Council Meeting and Tuesday at noon. Each of the newly elected Aldermen expressed their appreciation to the voters of their wards for the opportunity of representing their wards and the City of West Memphis and each said they looked forward to working with the Mayor and City Council. ANNOUNCEMENTS/APPOINTMENTS Ma or Johnson assed out the 2001 Committee A Y P ppointments. (Copy attached) Councilor Pulliaum stated the position held by Brian Reece on the Advertising 8~ Promotion Commission was now vacated and moved to appoint Hubert Bass to that position. Councilor Coleman seconded the motion. Upon voice vote, the voting was unanimous. There being no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Bruce to adjourn. Motion carried unanimously. The meeting adjourned at 1:55 p. m. PASSED and APPROVED this ! 8~ day of January, 2001. WILLIAM H. JOHNSO ,MAYOR ATTEST: PHI PARR, RK n ~ ~ o -~ D ~ ~ C7 ~ N o ~ N ~ o ~ ~ 0 - ~ ~ ~ W ~ ~ Z Q ~ o fV O ~ ~ C~ ~ d7 N N ~ ~ Z p {~ W ° fR N ~ O ~ ~ '~ .p o o o '~ ~ ~~° ~ ~ z ~ ~ ~ o ~ o ~ ~ rn ~ ~ ~' ~ ~ - o ~ ~ ~ ~ .. ~ W co co ° ~ z 4 ~ w ~ ~ tw tr ~ o ~. ~ ~. w -' ~ A U, o cn o .~ ? „ .~ iV w co ~ ~ Z ~ ~ ~ _ o ~ ~ -' O 0 ~ ~ ~ ~ y W O Z ~ ~ ~ O o ~ ~ ~ ~ ~ p ~ ~ N W ~ rn ~ 0 ~ 0o 0 z ~ ~ No ° ~ o o ~ D ~ o m ~ ~ W ~ z ~ N ~ ~ N ~ w ~ IV 0 ~ O ~ ~ cn o O D ~ m 0 d~ ~. ~~ ~~ co o S o~ ,~ , ,. ' ., ~~ •' ~' '' • * *,t ~. s o ~ .. I+tAM•'• CI'~I~Y C~ ~~~~~' M~MpKI~ 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 DATE: December Z2, 2000 Recommendations from the Special Called Planning Commission meeting held on W dnesday, December 20, 2000, to the Mayor and City Council, on Thursday, January 4, 20 1. L) The West Memphis Planning Commission recommended to approve V.L. Hill Subdivision e lat ase# 21-00, for the property owner Mr. Sam Hudson, represented by Mrs. Vicki Ro ertson, Executive Director of DRED, for the property located at 1750 E. Broadway. This pr perty is Zoned C-2, Open Display Commercial District. this plat is are plat of Lot 3 and the W st 100 feet of Lot 4, of the J.H. Stuart Estate Subdivision and contains 41ots. This property co twins a total of 8.85 acres. s Vicki Robertson requested the Planning Commission grant a variance on the construction of Th meson Street, because they would access the property from E. Broadway, and they would ha a no need to build Thompson Street. Th Planning Commission granted the variance based on the Land Subdivision and Development C e: Article VIII, Section 3. ;(.4ee attache 1. 2. 3. 4. Planning Commission recommended approval of the plat with the following conditions: Proper execution of all Certificates; Installation of grading and drainage improvements as required by the Department of Public Works; Approval of the improvement plans by the West Memphis Utility Department as to easements; Instillation of improvements, as required by the City Engineer. An Equal Opportunity Employe ,--~-~ i, Pl nning Commission Recommendations D ember 22, 2000 Ua a two L 1. 2. 3. 4. 1. 2, 3 4 II. The West Memphis Planning Commission recommended to approve .S~ecial use Permit e# P-1 -00 and ite Plan, for the property owner Mr. Sam Hudson, represented by Vicki R bertson, Executive Director of DRED. The Planning Commission recommended to approve C e# SUP-13-00, on November 29, 2000, at the regular called meeting. The Special Use Permit w s approved subject to a site plan being presented and approved by the Commission. T e Planning Commission recommended to approve the site plan presented to the Commission at a pecial Called meeting held on Wednesday, December 20, 2000, at 3:30 PM.. The Special Use Pe 't and Site Plan was approved with the following conditions: Approved and recorded subdivision plat; Instillation of grading and drainage improvements as required by the Department of Public Works; Design Review Commission Approval; Landscaping shall be installed in accordance with the approved Site Plan or an equivalent alternative subject to the approval of the Design Review Commission or the Department of planning and Development. '~*'~ ~Qrdinance Prepa_ red) The West Memphis Planning Commission recommended to approve .~~lat of Worthington rk Subdivision. Case# 20-00 - This case is presented,by the property owner Mrs. Cleo lland, represented by Mr. Jim Pugh, for the property located at 400 Park. This property is rently vacant and is Zoned R-l, Single Family Residential. The property owner is proposing to plat Lot 1, Block A, Worthington Park Subdivision into three lots. Planning Commission recommended approval subject to the following conditions: 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. Ply De pa IY '~ y ring Commission Recommendations nber 2Z, 2400 three The West Memphis Planning Commission elected Officers for the 2001 Calendar Year, as follows: Chairman -Jack Woodard Vice-Chairman -Frederick Anthony The West Memphis Planning Commission recommended to approve a calendar of meeting dates for the year 2001.~.See attached 2001 COMMITTEE APPOINTMENTS IRE COMMISSION :ubert Bass 1 Felton Ames Pulliaum awes Holt ~r. Chester Peeples 'UBLIC WOF.KS [arold Thomas awes Holt [erman Coleman ,orraine Robinson awes Pulliaum POLICE COMN~CISSION Lorraine Robinson Herman Coleman Gheric Bruce Tracy Catt Harold Thomas BUDGET COMMITTEE Tracy Catt Harold Thomas Al Felton Gheric Bruce Hubert Bass ''' SURANCE COMMITTEE obert Gunter udy Moore r. Chester Peeples racy Catt erman Coleman ', PERSONNEL COMMITTEE James Holt Dr. Chester Peeples Al Felton iaison to Utility Commission -Harold Thomas iaison to Airport Commission -Lorraine Robinson iaison to Parks Commission -James Holt iaison to Planning & Development - Al Felton iaison to Design Review Commission -Herman Coleman 1 (3) The plan for the proposed servicz ~by the public utility has been approved by the Planning Commission as provided in the+ State Statutes. E . ~; building permit shall be issued for any r_ew struc- t,..r e on any lot or tract of land which does not co~~~L l y ~;;th alI of the provisions of this Code, including the i;~stallation of all improvements adjacent to or associ- wit -Notwithstanding, no,~~building _ ;~ _ . , aced h said lot. ~.< < .._ w .~ ~.;.~ _ ~ :: . ~ ~rnit ~stial 1 `~y bz~~l~s su`ea_ ~.fo:r~,ithe ,~f trial;rten~ percent ~(10 ~ ) n ercent ~(.1~0 ~) ~-~be 'of ~-'lots yin ~.a~ subdivision• ~~°or~~i~f~~te ~xp .... ., -~ ,., r '-' ~ "~~` ~~four'. ` (4) 'for,~:the ~`~f final four _(4) -dots - o a fewer ~~than ... r ,:. ~ ; - u ..~ ~ ,. ~..-.. ~ -~~. '~ 1 subdivis ion ~ until ~~ al l ~~` public,improvements reaui red for the plat have .been .fully completed. F. ihz Planning Commission may adopt approeriate rules, forms, or procedures for the administration and e^- forceraent of this Code to the extent that such rules are not in conflict with this Coae . S ction 2• F C I s u ~L t'Y-~ [ 6'-', . 9 .Y.: r--- FEES es for various types of plats shall be paid to the City Clerk, f Y nevi ew . ty of tvzst Memphis at the ti;r,e application is ma..e o~ addition to the filing fees described belo~~a, recording fees al 1 bz paid by the subdivider . For each Preliminary Plat -submitted, the fey s gall be A. fifty dollars ($5 0 .0 0) plus one dollar ($1.00) for each lot in the plat. g , For each Final Plat submitted, the fee foil e bh ion dollars ($10 .00) plus one , aol lar ($1.00 ) in the plat. t C , For each lot-split or minor subdivision filed, the fee shall be ten dollars ($10.00) . ection 3. VARIANCES . he rules and regulations set forth in this Coc'.e are aheauthorize equirements of the City. The Planning Commission m y variance from these regulations when in its op eion, undue ardship would result from requiring strict complianc A. rlo variance shal 1 be granted except upon, wa~tte la e tis tion by the subdivider when the prelim_n y p filed. The petition shall state fully the grounds for the variance and all of the facts upon which the pet i- tion is~ made. -38- ---""'.r..f ,. ~. In granting a variance, the Commission shall prescribe ~'~ 8. any conditions that it deems necessary to or desirable in the public interest. C, In making the findings herein below recui red, the Commission shall take into account the nature of the proposed use of the land involved, existing uses or land in the vicinity, proximity to publ is utilities, the numb2 r of persons who will res ~ de or work in the proposed subdivision, and the probable e=fect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicini- ty . p. No variance shall be granted unless the Commission finds: (1) That there are special circumstances or conditions affecting the lard involved such t:~at the strict application of the provisions of t~ i s Code would deprive the applicant of the reasonable use of his land. (2) That the variance is necessary for the preserva- tion and enjoyment of a substantial ~=operty riche of the applicant. (3) That the granting of the variance will not be detrimental to the public health, sa~ety, or welfare or injurious to other proper~~y in the area. `f~. ~~ (a_) That the granting of the variance ~~, i I1 not have the effect of preventing the orderly subdivision of other land in the ,area in accordance with the provisions of this Code. E. Such findings of the Commission, together with the soecif is facts upon which such f indin~s are based, shal 1 be incorporated into the official n~ mutes of the Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Code so that the public health, safety, or welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. Se ction 4. VACATIOr1 OF PLATS A . Any plat. or any part of any plat may be vacated by the owner of ~ the premises, at any time before '_'-n sale of any lot therein, by a written instrument, '` ~~ which a -39- .A y W °z~ ~~ ~N ~C~ p z rm= ~N '~o~ ~~ S <OD rn L~ ~ czic~ =r'o r ~N m mN0 N z~1 ~ N~~ ~ ~~~ C =~N m n=+= o m m rra- Nrz = o00 m ~m o a~m ~ cs~a ~ mNv ~ ~ ~ m Om ~~N -+ -~ S m aO ~ ~ =0 O O< cn m wN I 50' ~' I ,CD .ra z m ~ ca ~"~ W cD ,,.~ o IC } I~ I, N rc~g- Zc~c~~~ Z Op-'-c pcnmS -~z~N --~zrn~rnN O ~-Ni0 =NiOm2 m ~S~ `n~''o=cai to ~~v~ iN.v=ov a =ocn= Ov~rn~2 -~ o m '*~ o a m c~cnz I ~~~-< rSZ~ CC-i2 <nmm row rnam~ zNZN-~ -izZ? pCOOS SpOL~tn m=~ZN V1ZC7'U C ~a~ mr'o~o r--i=<~ ~ZO O~~mO '-mN-~ zrn Zv c~nmc2 conyN+m~ Nn~ u'm~~ ovr''u' ~i~~~ ZoD cnrn' -~~-r -i oz-,i ~-fir ~n~Or :~+' m rna=o ~~~mo ~ -p cn rn m ~ 2 ? it a~ Q r N N r N N ..o Zr- ~ ao~ CD r Der m~<p zNpN~ n mN mrn ma nZ rn(')SrZ ~ ~ v m Z y~ 2 D m 0~ `~~ ~~=erg ~-~ mo~~Z O =p0 O 'i N '~ z p --~ m ° N u o vv~-- mo lN Qcn~ - ° mo To >•o_no ~ . ^ ~N ° e ~ c c ulp l o ,. 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