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June 15, 2000MINUTES WEST MEMPHIS CITY COUNCIL JUNE 15, 2000 A regular meeting of the West Memphis City Council was held on Thursday, June 15, 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 1:40 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, Al Felton, Thomas Burroughs, Brian Reece, Harold Thomas, James Pulliaum, Lorraine Robinson, and Tracy Catt. Absent: Councilors Gheric Bruce and Roberta Jackson Mayor Johnson declared a quorum present. Father Bill of St. Michael's Catholic Church offered prayer. BID OPENINGS Bids for Police Department - (2) 4-door sedans for the Narcotics Division were opened and tabulated by Renita Rash at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council. Peeples moved, seconded by Robinson to accept the bids and refer to the Police Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) Bids for city maintenance of shrubs, flowers, and bedding plants were opened and tabulated by Renita Rash at 1:00 p.m. Copies of the tabulation sheets were provided to the City Council. Catt moved, seconded by Thomas to accept the bids and refer to Administration for final disposition. The motion carried unanimously. (See attached) Mayor Johnson welcomed the 2000 Leadership Group and explained that they had held a mock election this morning. He asked the "mayor-elect" Diane McAdoo to present two proclamations. Mayor McAdoo read and presented Proclamation's proclaiming Thursday, June 15, 2000 as "World Changers Day" and "Ozark Mission Project Day" to representatives of the Ozark Mission Group and the World Changers who are in West Memphis rehabilitating homes of low to moderate-income families. MINUTES Pulliaum moved, seconded by Catt to dispense with the reading of the minutes of June 1, 2000 and approve as presented. Motion carried unanimously. OLD BUSINESS 2"d reading of an ordinance waiving competitive bidding for grass cutting for city municipal properties and for other purposes. City Attorney Peeples read the Ordinance for the SECOND TIME. Pulliaum moved, seconded by Peeples to 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. Peeples moved, seconded by Thomas to adopt the ordinance. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1939. 3'd reading of an ordinance to amend section S. 60.040 of the West Memphis Municipal Code regarding ambulance service fees and for other purposes. City Attorney Peeples read the ordinance for the THIRD AND FINAL time. Pulliaum moved, seconded by Catt to adopt the ordinance. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1940. 2 NEW BUSINESS R-1 A Resolution to change the West Memphis Comprehensive Plan from Commercial to Single Family Residential for certain described property located on Monroe Avenue. Peeples moved, seconded by Pulliaum to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Resolution. Catt moved, seconded by Robinson to approve. Upon voice vote, the voting was unanimous. Motion carried. Resolution was assigned No. 1651. R-2 A Resolution to change the West Memphis Comprehensive Plan from Industrial to Commercial for certain described property located along Mound City Road. Catt moved, seconded by Felton to suspend the rules and the title's only be read of Resolution 2 and Ordinances O-1 - O-3. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Resolution. Catt moved, seconded by Thomas to approve. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1652. O-1 An ordinance to amend zoning ordinance 1258, as amended, Article III; Section 2; paragraph A.2, by adding paragraph A.2a creating a C-1-F General Commercial District (Fireworks Sales) District, declaring an emergency and for other purposes. Peeples moved, seconded by Robinson to substitute an amended ordinance, adding the emergency clause. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance as amended for the FIRST time. Thomas moved, seconded by Catt 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. Peeples 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. Catt moved, seconded by Robinson to adopt the ordinance. Upon voice vote the voting was unanimous. The Ordinance was adopted and assigned No. 1942. Catt moved, seconded by Thomas to adopt the emergency clause, section 3. Upon voice vote, the voting was unanimous. The ordinance and its emergency clause were adopted. O-2 An Ordinance to rezone certain property in the City of West Memphis, located along Mound City Road, from I-1, Limited Industrial to C-1-F. General Commercial District - Fireworks declaring an emergency and for other purposes. Catt moved, seconded by Robinson to substitute an amended ordinance, adding the emergency clause. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance as amended for the FIRST time. Catt 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 Attorney Peeples read the Ordinance for the SECOND time. Peeples 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. Catt moved, seconded by Peeples to adopt the ordinance. City Attorney Peeples explained this ordinance and a companion ordinance was a part of a settlement of litigation between American Fireworks and the City of West Memphis. He asked Mr. Marty Bowien, Attorney representing American Fireworks if the adoption of these ordinances satisfied the settlement agreement. Mr. Bowien said for the record that they had not been assigned an actual street address and the ordinance referred to 1250 through 1303 Mound City Road. Mayor Johnson said that was the correct address. With that, Mr. Bowien stated the passage of this ordinance and the previous ordinance in the case settled the lawsuit and would be dismissed. City Attorney Peeples stated there was a companion ordinance with regard to the settlement with the establishment of fees set out in the original proposal that was presented. Mr. Bowien stated that was correct but it was his understanding that since they had purchased their privilege license this year, the $2,500 fee would not be applicable to them until next year. Paul Luker stated this was a tent fee not a privilege license fee. When asked if this fee would effect a settlement of pending litigation, Mr. Bowien stated it would not. Upon voice vote the voting was unanimous. The Ordinance was adopted and assigned No. 1943. Catt moved, seconded by Peeples to adopt the emergency clause, section 3. Upon voice vote, the voting was unanimous. The ordinance and its emergency clause were adopted. Pulliaum moved, seconded by Peeples to allow William Ayers 5 minutes to speak. Upon voice vote, the voting was unanimous. Mr. Ayers stated he was present on behalf of his law partner, Clint Saxton who was out of town. They represent Meramec Specialty Company and said that the $2,500 fee being per location would cost his client twice as much since they had two locations and asked the council to consider changing the fee to per vendor rather than per location. Mr. Wilson of American Fireworks was allowed the opportunity to speak. He stated that if the council would give him a second location he would pay another fee. Paul Luker stated the reason the fee was per location was to cover the increased traffic and the dangerous possibilities of handling hazardous material. O-3 An Ordinance to amend section 12.06 of the West Memphis Municipal Code to add Section 12.06.051 (fee- fireworks retail sales permit), declaring an emergency and for other purposes. Peeples moved, seconded by Catt to substitute an amended ordinance, adding the emergency clause. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance as amended for the FIRST time. Catt 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. Catt 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. Catt moved, seconded by Peeples to adopt the ordinance. Upon roll call vote, the voting was: AYES: Peeples, Felton, Burroughs, Thomas, Pulliaum, Robinson and Catt NAYS: Reece The motion carried. The ordinance was adopted and assigned No. 1944. Catt moved, seconded by Peeples to adopt the emergency clause, section 3. Upon voice vote, the voting was unanimous. The Ordinance and its emergency clause, section 3 was adopted and assigned No. 1944. O-4 An Ordinance to amend zoning ordinance 1258, as amended, Article III, Section 3, Paragraph B and Article X,• Section 2, adding sexually oriented businesses as a listed permitted use in an I-2, General Industrial District, and for other purposes. Pulliaum moved, seconded by Thomas to substitute an amended ordinance. Upon voice vote, the voting was unanimous. Peeples moved, seconded by Pulliaum to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance as amended for the FIRST time. O-5 An Ordinance to rezone certain property in the City of West Memphis, located in the Kendal Subdivision S`"Addition, Lots 1-2, Block 2 and Lots 14-IS, Block 1, from C-1, General Business District to R-2, Low Density Residential. Pulliaum moved, seconded by Thomas to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the FIRST time. Robinson 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. Catt moved, seconded by Robinson 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. Pulliaum moved, seconded by Catt to approve. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 1941. 4 PERMISSION REQUESTS Pulliaum moved, seconded by Thomas to approve the Planning Commission recommendations as presented. Upon voice vote, the voting was unanimous. (See attached) Burroughs moved, seconded by Catt to give permission for the Mayor to sign a contract between the City of West Memphis and Brawley Consulting Engineers, Inc., for the Metropolitan Planning Organization. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Thomas reported an important meeting of the Public Works Committee will be held next Tuesday at 12:00 noon at City Hall and encouraged all to attend. Catt reported city was going to stay with Trustmark Insurance and could not continue to absorb the cost of the family coverage increase of $62.69, which they have been since the first of the year. ANNOUNCEMENTS Police Department is having a community picnic Saturday, June 17`h from 8:00 a.m. to 5:00 p.m. Everyone is welcome and it is free. Airport Open House will be Friday, June 16, 2000 from 4:00 p.m. to 6:00 p.m. Having no further business to come before the council, Catt moved seconded by Robinson to adjourn. Motion carried unanimously. Meeting adjourned at 2:35 p.m. PASSED and APPROVED this _ ~.~J-~ day of _ , 2000. WILLIAM H. JO SON, MAYOR ATTEST: PHILLI ITY CLERK r ~ESi M f* /,r,r* 'y ~ % N .' . ~4~r.5 CI'I~Y Off' ~C1~~T M~MPKI~S 205 S. Redding P.O. Box 1728 • West Memphis, AR 72303-1728 (870) 732-7500 CITY OF WEST MEMPHIS ~" ~ POLICE DEPARTMENT ~ NARCOTIC DIVISION Two 2000 -2001 Four Door Sedans June 15, 2000 Bidder Bid Price Howard Ford $ cvo qo - ~ a o a,-~s ~ Liberty Auto Store $ ~~ }y ~ - ~ ~Q• ~ ~ Smart Chevrolet $ N., ~~;~~f Landers Ford $ !y~~ ~'- ~ - North Point Ford $ /~~~ ~~~~~ Oakley Keesee Ford $ ~lt:~ $: <~ Ross Ford $ Ql4 B:~l Lewis Ford $ ~ ~ s~ ~0-96 day cl~ut~y Chuck Hutton $ ~, rya .°° ,,Q. ~~~a Dobbs Ford $ ~~~ ~ ~~ Gwatney Chevrolet $ ~ B~ An Equal Gpportunity Employer r,Nes. "'e ° *** ''s U '~ ..+k .g . N. CI'~Y CF ~U~~'T M~MPKI~S 205 S. Redding P.O. Box 1728 • West Memphis, AR 72303-1728 (870) 732-7500 CITY OF WEST MEMPHIS MAINTENANCE OF ALL CITY FLOWERS, AND SHUB BEDS AND PLANTING OF SEASON BEDDING PLANTS JUNE 15, 2000 BIDDER T.C. LAWN CARE & LANDSCAPE OUTDOOR CONCEPTS-COUNTRYSIDE MOORES GARDEN CENTER BID PRICE $ 4q,g80 0~ N O ~~ $ [~ $ No. ~~d An Equal Opportunity Employer • w••• ~ • ~• *** `•ti a e • CI'~I~Y O~ W~~S~ M~MP~iI~ 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: June 12, 2000 RE: Recommendations from the regular scheduled Planning Commission meeting on Wednesday, May 31, 2000, to the Mayor and City Council, on Thursday, June 15, 2000. 1.) The West Memphis Planning Commission recommended to deny R~rnHe Application Case #Z-04-00, for the property owner Kong T. Rose, for the property located at 200 M.L. King Dr.. 2.) The West Memphis Planning Commission recommended to approve C'mm~rehensive Plan Charge Application Case #COMP-03-00, for the property owners Mr. George Blakely and Mr. Julius Johnson, for the property located at 2414-2416 and 2500-2502 Monroe Ave.. The Commission recommended to changing the Comprehensive Plan from Mobile Homes, to Single Family Residential, to allow for the construction of single family construction. This is in conjunction with the following rezone case. (Resolution to be presented) 3.) The West Memphis Planning Commission recommended to approve Rezone Application Case #Z-OS-00, for the property owners Mr. George Blakely and Mr. Julius Johnson, for the property located at 2414-2416 and 2500-2502 Monroe Ave.. This property is currently Zoned C-1, General Business District. The property owners are requesting the zone be changed to R-2, Low Density Residential to allow for the construction of single family structures. (Ordinance to be presented.) 4.) The West Memphis Planning Commission recommended to approve Comprehensive Plan ~a~ege Application Case #COMP-04-00. The City of West Memphis requested the Comprehensive Plan be changed from Industrial to Commercial for the property located at 1250- 1303 Mound City Road. This is in conjunction with the following rezone case. (Resolution to be presented) An Equa! Opportunity Employer t Planning Commission Agenda June 12, 2000 page two 5.) The West Memphis Planning Commission recommended to approve Ordinance Amendment base #ORD-Of,-00, presented by the City of West Memphis to consider amending Zoning Ordinance 1258, as amended, in regards to adding criteria to address the sale and storage of fireworks. (Ordinance to be presented) 6.) The West Memphis Planning Commission recommended to approve Rerone Application (tease #Z-OS-00, presented by the City of West Memphis to consider rezoning the property located at 1250-1303 Mound City Road from I-1, Limited Industrial District to C-1-F, Commercial District. (Ordinance to be presented) 7.) The West Memphis Planning Commission recommended to approve Ordinance Amendment Case #ORD-07-00, presented by the City of West Memphis to consider amending Zoning Ordinance 1258, as amended, in regards to adding criteria to address sexually oriented businesses. (Ordinance to follow) 8.) The West Memphis Planning Commission recommended to approve Final Plat Crutcher Subdivision Case #SD-08-00, presented by the property owner Mr. Larry Crutcher, represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers, for the property located at approximately 399 S. Airport Road. This plat contains 5 acres and is zoned I-1, Limited Industrial District. 9.) The West Memphis Planning Commission recommended to approve I.ot Split McCain S_a_uare PUD Subdivision Case #SD-09-00. for the property owner Mr. Haney, represented by Roslyn O'Neal, for the property located at 696 and 698 Jenkins Cove, creating two lots: Lot 2-B- 1, containing 12,132.2 sq. ft. and Lot 2-B-2, containing 10,578.0 sq. ft.. ~ 0 a° ~"" C V ~ ~ ~ ~ ~ ~ .ri Q~ m pq o z ~~ ~ ~ .o tea` h D N V L~ ~+ D O O O O N ~o ti bA a .~ 0 b U ci ~; N y N C ~ O U~Q ~ r Y (0 r O m X ~' ~ O y > m ~ afOiOJ ~ a: z U ~n Q N N N O ~ O ~ ~ m ~ V ,,.~,// ro 7 Q `~ ` O. VV O 5 Q. ~ ~ ',. N ~ ~ n. 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