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August 16, 2002MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 15, 2002 A regular meeting of the West Memphis City Council was held on August 15, 2002 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. Reverend Herman Coleman offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Treasurer Frank Martin, Councilors: Dr. C. W. Peeples, A/ Felton, Hubert Bass, Herman Coleman, James Holt, Harold Thomas, James Pulliaum, and Tracy Catt. Absent: Councilor's Gheric Bruce, Lorraine Robinson and City Attorney David Peeples. Mayor Johnson declared a quorum present and proceeded with the agenda. BID OPENINGS Bids for West Memphis Utilities -Pine Street Sewer Improvements were opened at 1:00 p. m. and copies of the tabulation sheet were given to the City Council. Council Peeples moved seconded by Felton to accept the bids and refer to Utility Commission for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached) Bids for Public Works -Street Sweeper were opened at 1:00 p. m. and copies of the tabulation sheet were given to the City Council. Council Catt moved seconded by Thomas to accept the bids and refer to Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached) CITIZENS REQUESTS None MINUTES Councilor Catt moved, seconded by Councilor Felton to dispense with the reading of the minutes of August 1, 2002 and approve as submitted. Upon voice vote, the voting was unanimous. The motion carried. OLD BUSINESS 3rd reading of an ordinance to amend the Personnel Manual of the City of West Memphis, Arkansas and for other purposes. Councilor Holt moved, seconded by Felton to table the ordinance indefinitely. Upon voice, the voting was unanimous. NEW BUSINESS Catt moved, seconded by Pulliaum to suspend the rules and R-1, R-2, O-1, O-2, and O-3 be read by title only. Upon voice vote, the voting was unanimous. R-1 A Resolution to establish the method of determining sick leave for fire fighters, and for other purposes. City Clerk Phillip Para read the Resolution. Thomas moved, seconded by Catt to approve. Roll call vote was as follows: AYES: Peeples, Felton, Bass, Coleman, Holt, Thomas, Catt NAYS: None Councilor Pulliaum "passed". The motion carried. The Resolution was adopted and assigned No. 1747. R-2 A Resolution approving revisions to the Policy and Procedures Manual for the West Memphis Fire Department and for other purposes. City Clerk Phillip Para read the Resolution. Felton moved, seconded by Peeples to approve. Discussion was held. Councilor Pulliaum said he could not understand why the Police P Department was having the college administer their promotional test and the Fire Department ~r was paying for an outside agency to do it. He then asked that Asst. Fire Chief Baker and Police Chief Paudert explain their testing procedures. Chief Baker explained the college will administer the tests but the Fire Academy will no longer develop the test so they hire an outside agency. The only change the resolution makes is that they will now have to pay for the tests, therefore an individual wanting to take the test that does not take the test will have to pay for it. The college will still administer the tests and grade the tests. Chief Paudert explained the Police Department develops their own tests and the college administers them with the results going to Personnel Department and any challenges are handled by the City Attorney's Office. Pulliaum asked why the Fire Department did not develop their own tests to save money. Chief Baker explained in the 1980's, per ordinance, a court order requires the Fire Department to get their tests from an outside agency. Page 2 Minutes 8/15/02 Pulliaum moved, seconded by Coleman to table the Resolution until the next meeting so he can get a copy of the ordinance. Upon roll call vote, the voting was: AYES: Peeples, Felton, Bass, Coleman, Holt, Thomas, Pulliaum and Catt NAYS: None The motion carried. O-1 An Ordinance waiving competitive bidding for the purchase of the property at 415 Auburn Street. City Clerk Phillip Para read the Ordinance for the FIRST TIME. Mayor Johnson explained this was a grant with FEMA paying 75%, State of Arkansas $12.5 % and the city paying $12.5 %. Coleman moved, seconded by Holt to suspend the rules and the Ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Clerk Para read the Ordinance for the SECOND TIME. Felton 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 Clerk Para read the Ordinance for the THIRD AND FINAL TIME. Catt moved, seconded by Coleman to adopt. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2033. O-1 An Ordinance waiving competitive bidding for the purchase of the property at 517 Auburn Street. City Clerk Phillip Para read the Ordinance for the FIRST TIME. Mayor Johnson explained this was a grant and FEMA would pay 75%, State of Arkansas would pay $12.5 % and the city would pay $12.5 %. Felton 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 Clerk Para read the Ordinance for the SECOND TIME. Peeples moved, seconded by Holt to further suspend the rules and the Ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Clerk Para 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. 2034. O-3 An Ordinance to amend the West Memphis Zoning Map and Zoning Ordinance 1988, Article 11; Section 1, adding I-1-C, Limited Industrial District -Container Storage Yard, Intermodal and I-2-C, Genera! Industrial District-Intermoda! Container Storage Yard and amending Article Ill: Section 3, Industrial Districts; Paragraph A. General Description Number 1 and 2; Paragraph 8, permitted uses, Number 1-b; Article X; Section 2, definitions and for other purposes City Clerk Para read the Ordinance for the FIRST TIME. PERMISSION REQUESTS Councilor Catt moved, seconded by Councilor Felton to approve payment of $54,659.16 to OMI for the month of August.. Upon voice vote, the voting was unanimous. Councilor Peeples moved, seconded by Catt to approve the Planning Commission recommendations dated August 9, 2002. Upon voice vote, the voting was unanimous. (See attached) Councilor Felton moved, seconded by Councilor Holt to approve payment of $50,441.94 to Freeland & Lemm Construction Company for S. 9th Street Phase II Utility Street Improvements. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Peeples reported the Park Commission had no quorum. The A&P Commission met and a map company plans on making 400,000 copies of a map that will include West Memphis, Memphis and North Mississippi and will be distributed free to tourist centers, hotels, restaurants and other sources. Lion Club rodeo will be held next Friday, rain date next Saturday. A&P are also discussing placing signs around the Civic Complex. Councilor Holt reported the Public Works Committee met and discussed that the dippers put on the two new trucks are working well and plan to add on two more. They also discussed the street sweeper bid today. Fire Commission met and discussed the promotional tests and the grant for $90,000 that we could have received. However, due to our Hazmat Team would have to cover four counties around us, it was turned down. New ambulance bids will be going out. Councilor Thomas reported the Utility Commission met and received the sewer treatment report and reviewed the potential write-off list. He also commended the linemen who worked to restore power across the city during the recent storm we had. Councilor Coleman reported the Personnel Committee met and discussed sick leave policy and discussed pay periods being changed to every two weeks instead of bi-monthly. Personnel Department is looking into that proposal. Page 3 Minutes 8/15102 APPOINTMENTS Councilor Thomas moved, seconded by Holt to re-appoint T.,, -:.Holmes to the Utility Commission with his term expiring in 2003. Upon roll call vote, the voting was: AYES: Peeples, Felton, Coleman, Holt, Thomas, Pulliaum and Catt NAYS: None Councilor Bass abstained from the vote. The motion carried. ANNOUNCEMENTS Ernest English with Vector Disease Control gave a mosquito control report. Due to the threat of West Nile Disease, they are spraying residential areas 6 to 7 nights a week and larviciding the ditches. He said to call if you have any problems to report. Councilor Pulliaum asked for a written report on the ditches they are larviciding. Mr. English to do that. Mayor Johnson reported he is having fresh water pumped into the 10 Mile Bayou to keep it flushed. Having no further business to come before the City Council, Councilor Holt moved, seconded by Councilor Coleman to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:55 p. m. PASSED and APPROVED this ~ day of September, 2002. WILLIAM H. JOHNSON, AYOR ATTEST: PHILL ,CITY CLERK Minutes prepared by: Cindy Green od, Sr. Deputy Clerk Pine Street Sewer Improvements Bid opening August 15, 2002 Name & Address of Bidder Base Bid B & B Utility Contractors Post Office Box 269 Marion, AR 72364 .~ 5~ ~ ~J ~~ f ` Crittco Post Office Box 166 Marion AR 72364 .7 ~ ~~ S- , ~ ~ Water & Wastewater Services a s 91 McNeely Road _ S"E; ~ `I Marion, AR 72364 ~ BID TABULATIQN SHEET R~f'FNFR A'~'T~TF A~R~ eWFFPF~ STREET DEPARTMENT AUGUST 15, 2002 ~. ~ ~ Chu ~\~.,~,u, 0~.~ ~ ~. --}~ ~. ~. i ~o ~. ~ ~ J _~~ .~-.-- ~-~r-F'~- 1 8 0 l08 S t ~E37 M A~ ~** a;i u.; • ~• •,Rkw Ng'b CITY OF WEcST MEMPKIcS PLANNING AND DEVELOPMENT 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303 • (870) 732-7520 • Fax (870) 732-760 MEMO TO: Mayor William H. Johnson and city Council Members FROM: Christine Byrd, Planning commission Coordinator DATE: August 9, 2002 RE: Recommendations from the regular scheduled Planning commission Meeting Held on Wednesday, July 31, 2002, to the Mayor and City Council, on thursday, August 15, 2002. 1.) The West Memphis Planning Commission recommended to approve Zoning Ordinance Amendment Case# ORD-01-02, presented by the City of West Memphis ', Planning and Development. the Commission recommended to add zoning districts I-1-C and I-2-C, Container Storage Yard, Intermodal and add specific regulations and definitions, as follows: ARTICLE II - ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES SECTION 1: ZONING DISTRICTS ESTABLISHED I-1-C, Limited Industrial District - Intermodal Container Storage Yard and; I-2-C, General Industrial District - Intermodal Container Storage Yard. ARTICLE IIi -SPECIFIC DISTRICT REGULATIONS SECTION 3: INDUSTRIAL DISTRICTS A. GENERar DESCRIPTION 1.a I 1-C Limited Industrial District - Intermodal Container StorageP Yard -This district shall permit all tend uses allowed in a I 1 Limited Industrial District, and will be sized and located to limit such uses within the city and provide access via a principal and/or minor arterial or industrial collector street as classified by the West Memphis-Marion Area Transportation Plan and/or by the West Memphis Planning Commission and approved by the City as a designated truck route for a particular approved site. It is created for the purpose of allowing the storage of shipping containers that have the capability of being stacked. The location of such district(s) An Equal Opportunity Employer Planning Commission Recommendations August 9, 2002 page two shall be based on considerations of public health, safeey and welfare and shall conform to all other applicable city ordinances and regulations. Z.a I-2-C, General Industrial - Intermodal Container Storage Yard -This district shall permit all land uses allowed in a I-2, General Industrial District and will be sized ~r and located to limit such uses within the city and provide access via a principal and/or minor arterial or industrial collector street as classified by the West Memphis-Marion Area Transportation Plan and/or by the West Memphis Planning Commission and approved by the City as a designated truck route for a particular approved site. It is created for the purpose of allowing the storage of shipping containers that have the capability of being stacked. The location of such district(s) shall be based on considerations of public health, safety and welfare and shall conform to all other applicable city ordinances and regulations. B. ~'E~I~D USES ZONING DISTRICT 1. INDUSTRIAL USES I-1 I-1-C I-Z I-2-C PBP b. NON-1~I,ANUFATURING USES Intermodal Container Storage Yard, * * *(with stacking) X X Intermodal Container Storage Yard, * * * (with no stacking) , X X X X Flammable Gases and Liquids, Storage of X Explosive Materials, Storage of SP Toxic Chemicals, Liquids, Materials or Waste, Storage of SP Petroleum Products, Storage of X ARTICLE X - Il~ITERPRETATIONS AND DEFINITIONS SECTION 2: DEFINITIONS Planning Commission Recommendations August 9, 2002 page three Ez~losive -Any liquid, solid or other material that will explode from internal pressure, heat/cold and/or motion. Flammable -Gases, liquids and other highly combustible materials. Intermodal Container Storage Yard - Land used primarily for storage of intermodal shipping containers and allowing containers to be stacked. The following products and materials are prohibited from being stored in an I-1-C District and I-2-C District: 1. Flammable gases and liquids; 2. Explosive materials; 3. Toxic chemicals, liquids, materials, or waste; 4. Petroleum products. ~'etroleum Pr ucts -Chemicals, oil and oil products derived form the natural oily form of petroleum. gi -Poisonous liquids, chemicals, or other items contaminated with toxic materials or waste . **** .SEE~'ACKET FORQRDINANCE AND MAP