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February 3, 2000MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 3, 2000 A regular meeting of the West Memphis City Council was held on Thursday, February 3, 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 1:35 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: Dr. C. W. Peeples, AZ Felton, Thomas Burroughs, Roberta Jackson, Harold Thomas, James Pulliaum, Lorraine Robinson, Tracy Catt, and Gheric Bruce. Absent Councilor Brian Reece. Mayor Johnson declared a quorum present and asked Brother Steve Smith of First Baptist Church to offer the prayer. The first item on the agenda was Bid Openings. Bids for Tree Trimming Bucket Truck with Dump Bed, 1,056 Residential Electric Meters, and Padmounted Switch ear Upgrade for the Utility Department were opened by David Goacher and read by City Attorney Peeples. It was moved and seconded to accept the bids and refer them to the Utility Commission for final disposition. Motion carried unanimously. (See attached) CITIZENS REQUESTS Candace Robinson of 711 McAuley Circle came forward and addressed the Mayor, City Council, and the public. She thanked everyone for his or her prayers and support through her recent illness. Candace is the daughter of Councilor Robinson and Fire Deputy Chief Arburt Robinson. Pulliaum moved, seconded by Jackson to approve the minutes of January 20, 2000 as presented. Motion carried unanimously. Pulliaum moved, seconded by Peeples to suspend the rules and the title only be read of all ordinances and resolutions on the entire agenda. Motion carried unanimously. OLD BUSINESS City Attorney Peeples read for the SECOND TIME - An Ordinance to designate accounting/auditing services as professional services and exempt from the requirements of competitive bidding. NEW BUSINESS O-1 An Ordinance to establish the auxiliary law enforcement program within the West Memphis Police Department, authorizing the appointment of auxiliary law enforcement officers, establishing standards and training, and for other purposes. City Attorney Peeples read the ordinance for the FIRST TIME. Peeples moved, seconded by Pulliaum to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Pulliaum moved, seconded by Jackson to further suspend the rules and the Ordinance be placed on its third and fmal reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Bruce moved, seconded by Jackson to adopt. Motion carried unanimously. The ordinance was assigned No. 1907. O-2 An Ordinance waiving competitive bidding for mowing services at the West Memphis Airport and for other purposes. City Attorney Peeples read the ordinance for the FIRST TIME. Pulliaum moved, seconded by Catt to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Bruce moved, seconded by Jackson to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Peeples moved, seconded by Bruce to adopt. Motion carried unanimously. The ordinance was assigned No. 1908. O-3 An Ordinance to rezone certain property in the City of West Memphis, located in the Shady Grove annexed area, from R-1, Single Family Residential, to I-1 Light Industrial District and R-2, Low Density Residential. City Attorney Peeples read the ordinance for the FIRST TIME. Pulliaum moved, seconded by Felton to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Thomas moved, seconded by Catt to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Catt moved, seconded by Bruce to adopt. Motion carried unanimously. The ordinance was assigned No. 1909. O-4 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. Pulliaum moved, seconded by Catt to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Catt moved, seconded by Felton to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Catt moved, seconded by Pulliaum to adopt. Motion carried unanimously. The ordinance was assigned No. 1910. O-5 An Ordinance granting a Special Use Permit, to Harrison Wrecker Service, located within the City of West Memphis extra territorial zoning jurisdiction, at 6379 Hwy 70 West, West Memphis, allowing a wrecker service in a I-1, Limited Industrial District. City Attorney Peeples read the ordinance for the FIRST TIME. Catt moved, seconded by Pulliaum to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. O-6 An Ordinance to amend zoning ordinance 1258, as amended, article III, section 3; paragraph B, permitted use, adding a beauty or barber shop as a listed permitted use in a I-1, Limited Industrial District and declaring an emergency. City Attorney Peeples read the ordinance for the FIRST TIME.. Pulliaum moved, seconded by Thomas to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. 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. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Catt moved, seconded by Bruce to adopt. Motion carried unanimously. Councilor Pulliaum questioned the emergency clause. City Attorney Peeples struck the emergency clause from the ordinance. The ordinance was assigned No. 1911. O-7 An Ordinance granting a special use permit, to USA Truck, located at 2600 E. North Service Road, West Memphis, Arkansas allowing a truck terminal in a C-2 Open Display District. 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. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Peeples moved, seconded by Pulliaum to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Peeples moved, seconded by Catt to adopt. Motion carried unanimously. The ordinance was assigned No. 1912. O-8 An Ordinance granting a special use permit, to Guaranty Loan and Real Estate, for the property located at 580 Shoppingway Blvd., West Memphis, Arkansas, to allow a mini-storage facility in R-4, medium density Residential District. City Attorney Peeples read the ordinance for the FIRST TIME. Pulliaum moved, seconded by Felton to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously (Catt abstained). City Attorney Peeples read the ordinance for the SECOND TIME. Peeples moved, seconded by Bruce to further ~'' suspend the rules and the Ordinance be placed on its third and fmal reading. Motion carried unanimously (Catt abstained). City Attorney Peeples read the Ordinance for the THIRD TIME. Bruce moved, seconded by Thomas to adopt. Motion carried unanimously (Catt abstained). The ordinance was assigned No. 1913. O-9 An Ordinance to rezone certain property in the City of West Memphis, known as.• All of Blocks 1 &2 of the First Addition to USA Truck Subdivision and all of Lot 1 of the Second Addition to USA Truck Subdivision lying in the N'/_~ of Section 8, T-6-N, R-9-E, City of West Memphis, Crittenden County, Arkansas; also known as: 2600 E. North Service Road and containing 31.66 acres, from C-1, General Commercial District, to C- 2, Open Display Commercial District. City Attorney Peeples read the ordinance for the FIRST TIME. Pulliaum moved, seconded by Thomas to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Pulliaum moved, seconded by Jackson to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Peeples moved, seconded by Pulliaum to adopt. Motion carried unanimously. The ordinance was assigned No. 1914. 0-10 An Ordinance to rezone certain property in the City of West Memphis, known as: A 6.66 acre tract of land lying in the N %2 S '/_~ NW '/o of Section 7, T-6-N, R-9-E, Interstate Industrial Park Subdivision, City of West Memphis, Crittenden County, Arkansas, and located at approximately 900 N. 7`" Street from 1-2, General Industrial District, to I-1, Light Industrial District, to I-1, Light Industrial District. City Attorney Peeples read the ordinance for the FIRST TIME. Pulliaum moved, seconded by Robinson to suspend the rules and the ordinance be placed on its second reading. Motion carried unanimously. City Attorney Peeples read the ordinance for the SECOND TIME. Pulliaum moved, seconded by Thomas to further suspend the rules and the Ordinance be placed on its third and final reading. Motion carried unanimously. City Attorney Peeples read the Ordinance for the THIRD TIME. Pulliaum moved, seconded by Jackson to adopt. Motion carried unanimously. The ordinance was assigned No. 1915. 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. Thomas moved, seconded by Pulliaum to adopt'. Motion carried unanimously (Catt abstained). Resolution assigned No. 1638. R-2 A Resolution to change the West Memphis Comprehensive Plan for the Shady Grove annexed area from Agriculture to Undeveloped property, to Industrial and Transitional. City Attorney Peeples read the Resolution. Thomas moved, seconded by Bruce to adopt. Motion carried unanimously. Resolution assigned No. 1639. R-3 A Resolution certifying the condemnation and removal of houses, buildings and/or structures constituting a nuisance within the City of West Memphis corporate limits. 4 City Attorney Peeples read the Resolution. Felton moved, seconded by Peeples to adopt. Motion carried unanimously. Resolution assigned No. 1640. R-4 A Resolution repealing Resolution No. 1534 and permitting heavy trucks to use Rich Road between the South Service Road and Balfour. City Attorney Peeples read the Resolution. Bruce moved, seconded by Pulliaum to adopt. Lengthy discussion was held. Mr. Hickey, an attorney for Walmart was allowed to address the council. Pulliaum moved, seconded by Jackson to amend the Resolution adding that Walmart is to complete the work on the West Side of the parking lot before the Resolution becomes effective. City Attorney Peeples stated the last section of the Resolution addresses that matter. Discussion continued. Pulliaum withdrew his motion to amend and Jackson withdrew her second. Roll call vote was held on the motion to adopt. AYES: Felton, Jackson, Pulliaum and Bruce NOES: Peeples, Thomas and Catt Councilors Burroughs and Robinson voted as "present ". The motion FAILED. R-5 A Resolution to authorize pay raises for city employees and to authorize the transfer offunds from the West Memphis Utility Department for such purpose and for other purposes. Pulliaum moved, seconded by Thomas to table until the next meeting until after the Utility Commission meets. Motion carried unanimously. PERMISSION REQUESTS Pulliaum moved, seconded by Jackson to put the removal of the Boy Scout Hut at Worthington Park out for bids. Motion carried unanimously. Peeples moved, seconded by Bruce to release grass liens on 528 South 9`~ Street of $932.91. Lengthy discussion was held. Roll call vote was as follows: AYES: Peeples, Felton, Thomas, Robinson, Catt, and Bruce NOES: Burroughs and Jackson (Pulliaum was absent from the vote) The motion carried. Thomas moved, seconded by Peeples to approve the Planning Commission recommendations as presented. Motion carried unanimously. (See attached) Catt moved, seconded by Peeples to give permission to pay U-Liner $190,534.05 for sewer rehab. Motion carried unanimously. COMMITTEE REPORTS Public Works to meet the third Tuesday at noon. Utility Commission meets next Thursday at 8:30 a.m. Insurance Committee to meet in two weeks. Budget Committee will meet the third Thursday at the end of each quarter. Mayor Johnson, City Council and both Fire and Police Chief s to attend the next Quorum Court meeting which is the third Tuesday at 9:00 a.m. regarding the Communication Center. Bruce moved, seconded by Catt to approve the creation of an additional Sergeant position in the Police Department to head up the Street Crime Unit. Chief Paudert stated this will just be adding a sergeant slot within the 83 positions, making there one less patrolman. Motion carried unanimously. City Council asked Mayor Johnson to ask his secretary to call and remind them of the Quorum Court meeting on February 15th. Having no further business to come before the council, Thomas moved, seconded by Robinson to adjourn. Motion carried unanimously. Meeting adjourned at 2:50 p.m. PASSED and APPROVED this ~ -l~ day of , 2000. WILLIAM H. JOHNS ,MAYOR ATTEST: PHIL P P ,CITY CLERK WEST MEMPHIS UTILITIEs 02-03-00 TREE TRIlVIlVffNG BUCKET TRUCK WITH DUMP BED AZTEC INDUSTRIES 8 I ~ l ~ WEST VTEVIPHIS UTILITIES 02-03-00 1,056 RESIDENTIAL ELECTRIC METERS DIVERSIFIED ELECTRIC e2 ~{' ,1 S ~. . TENN. VALLEY ELECTRIC SUPPLY CO. d.~. `1 D p~ G.~ .30.00 ~,~.. , STUART IItBY CO. a, ~ . 5 O A,a,.. POWER & TELEPHONE SUPPLY CO. a.5~.1 S ~,a, . WEST MEMPHIS UTILITIES OZ-03-00 PADMOUNTED SWITCHGEAR UPGRADE TENN. V:~LLEY ELECTRIC SUPPLY CO. q .$ ~ . ,M••• ~• ` * * f `~4 1 ~ •,• •••- CITY Off' ~T~c~'T M~MPKI~ PLANNING AND DEVELOPMENT 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303 • (870) 732-7520 • Fax (870) 732-7504 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: January 28, 2000 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, January 26, 2000, to the Mayor and City Council, on Thursday, February 3, 2000. I.) The West Memphis Planning Commission recommended to approve ,~` ecial jse Permit implication, Case# SUP-09-99 ,for the property owner Mr. Doug Harrison, for the property located at 6379 HWY 70 W, to allow a towing and wrecker service in a I-1, Limited Industrial District. The Commission approved said application, subject to: 1. A site proof fence to be constructed around the storage area; 2. No storage outside the fenced area. jordina_n_ce prepared) 2.) The West Memphis Planning Commission recommended to approve Special Use Permit ~pylication, Case# SUP-02-00, for the property owner Guaranty Loan and Real Estate, for the property located at 580 Shoppingway Blvd., to allow the construction ofmini-storage units in a R 4, Medium Density Residential District, as an accessory use, subject to approved site plan and the following supplemental conditions: 1. A 6 ft. site-proof wood fence to be constructed on the east, south and west property lines; 2. An ornamental iron fence to be constructed on the north, (front) property line; 3. Landscaping along the front property line; 4. Subject to Design Review Commission approval. (ordinance prepar~edl An Equal Opportunity Employer Planning Commission Recommendations January 28, 2000 page two 3.) The West Memphis Planning Commission recommended to approve Rezone ~4pplica&on, Case# Z-01-00, for the property owner U. S. A. Truck, for the property located at 2600 E. N. Service Rd., from C-1, General Commercial District, to C-2, Open Display Commercial District. This zone change would allow them to expand the existing truck terminal and facility operating at this location (ordinance re ared). 4.) The West Memphis Planning Commission recommended to approve a one ~iplication, Case# Z-02-00, for the property owner Kemmons Wilson, for the property located at 900 N. 7th Street. The property is currently zoned I-2, General Industrial District and they are requesting a zone change to I-1, Limited Industrial District. This would allow them to use the property for an office building , or other permitted commercial uses allowed in a I-1 District. 5.) The West Memphis Planning Commission recommended to approve Special Use Permit application, Case# SUP-03-00, for the property owner U. S. A. Truck, for the property located at 2600 E. N. Service Rd., to expand existing truck terminal (ordinance prepared). 6.) The West Memphis Planning Commission recommended to approve Comprehensive Plan Change, Case# COMP-01-00, for the annexed Shady Grove Area, from Agricultural and undeveloped, to Industrial along the south portion and Transitional for the portion currently used for residential (resolution reparedl. 7.) The West Memphis Planning Commission recommended to approve Rezone application, Case# ORD-02-00, presented by the West Memphis Planning Department in regards to rezoning the annexed Shady Grove Area, from R-1, Single Family Residential, to I-1, Industrial for the property along the south portion, and R-2, Low Density Residential for the property currently being used as residential (ordinance pre ap redl• 8.) The West Memphis Planning Commission recommended to approve ,i'oning Ordinance Amendment, Case# ORD-OI-00, presented by the West Memphis Planning Department in regards to amending Zoning Ordinance 1258, as amended, and add Beauty, or Barber Shop as a listed permitted use in a I-1, Limited Industrial District (ordinance pre a° redl• 9.) The West Memphis Planning Commission recommended to approve Replat of Compress Subdivision, Case# SD-01-00, for the property owner Church of God, for the property located at 311 W. Bond Street, subject to: Planning Commission Recommendations January 28, 2000 page three 1. Proper execution of all Certificates; 2. Approval of the City Engineer in regards to grading/drainage; 3. Approval of the improvement plans by the West Memphis Utility Department as to easements; 4. Instillation of improvements, as required by the City Engineer. 10.) The West Memphis Planning Commission recommended to approve final Plat Ramada Subdivision, Case# SD-02-00, for the property owner Guaranty Loan and Real Estate, for the property located at 210 W. Service Rd. This property is currently zoned C- 1, General Business District. Lot 1 is the present location of the Ramada Inn Limited and Lot 2 is a proposed restaurant site, approval is subject to: 1. Proper execution of all Certificates; 2. Approval of the City Engineer in regards to grading/drainage; 3. Approval of the improvement plans by the West Memphis Utility Department as to easements; 4. Instillation of improvements, as required by the City Engineer. 11.) The West Memphis Planning Commission recommended to approve Final lat Interstate Industrial Park Subdivision, Case# SD-03-00, for the property owner Kemmons Wilson, for the property located at 900 N. 7th Street and recommended that the 1-1 zoning be noted on the plat subject to City Council approval of the rezone application Case# ~02- 00. Plat approval is subject to: 1. Proper execution of all Certificates; 2. Approval of the City Engineer in regards to grading/drainage; 3. Approval of the improvement plans by the West Memphis Utility Department as to easements; 4. Instillation of improvements, as required by the City Engineer.