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November 7, 2013 MINUTES WEST MEMPHIS CITY COUNCIL November 7,2013 A regular meeting of the West Memphis City Council was held on Thursday, November 7, 2013 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given Gary Hair with Calvary Baptist Church. Mayor Johnson called the meeting to order at 1:30p.m. Philip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors: Tracy Catt, James Pulliaum, Ramona Taylor, Herman Coleman, Willis Mondy, James Holt, Taz Tyrone, and Melanie Hutchinson. Those absent were: Lorraine Robinson and Marco McClendon. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilor Catt moved, seconded by Councilor Pulliaum to dispense with the reading of the minutes of October 17, 2013 City Council meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve. NEW BUSINESS R-1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE POWER SUPPLY AGREEMENT WITH NRG POWER MARKETING, LLC, IN ORDER TO ALLOW SAID COMPANY TO SUPPLY POWER FOR THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES. Councilor Taylor moved, seconded by Councilor Pulliaum to table until the next council meeting. Upon voice vote, the voting was unanimous to approve tabling. Councilor Pulliaum moved, seconded by Councilor Taylor to suspend the rules and read the title only of Resolution R-2, R-3 and 0-1. Upon voice vote, the voting was unanimous to approve R-2 A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON CERTAIN PROPERTIES FOR DEMOLITION CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO ORDINANCE 1141. City Attorney Peeples read the Resolution. Councilor Catt moved, seconded by Councilor Pulliaum to remove 309 Peachtree and have City Attorney take direct action against previous owner. Upon voice vote, the voting was unanimous. Councilor Tyrone made a motion, seconded by Councilor Taylor to approve the Resolution as amended. Upon voice vote, the voting was unanimous to approve. The Resolution was adopted and assigned No. 2036. R-3 A RESOLUTION OF THE CITY OF WEST MEMPHIS AUTHORIZING THE CANCELLATION OF A VISA CORPORATE CREDIT CARD IN THE NAME LISA MILLER AND AUTHORIZING THE ISSUANCE OF TWO VISA CORPORATE CREDIT CARDS IN THE NAMES OF JOHN RIMMER AND TINA COOPER FOR THE USE OF THE WEST MEMPHIS UTILITIES, AND FOR OTHER PURPOSES. City Attorney Peeples read the resolution. Councilor Taylor moved, seconded by Councilor Tyrone to approve the Resolution. Mayor explained that this is due Lisa Miller's health issues and it was the only card for Utility. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 2037 0-1 AN ORDINANCE OF THE CITY COUNCIL OF THE WEST MEMPHIS, ARKANSAS TO ONLY PERMIT THE WEST MEMPHIS UTILITES COMMISSION TO AGGREGATE DEMAND RESPONSE OF RETAIL CUSTOMERS OF THE WEST MEMPHIS UTILITES COMMISSION ACCORDANCE WITH THE FERC ORDER 719 AND TAKING OTHER ACTIONS IN CONNECTION THEREWITH, AND DECLARING AN EMERGENCY City Attorney Peeples read the Ordinance for the FIRST time. Councilor Taylor made a motion, seconded by Councilor Tyrone to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Taylor made a motion, seconded by Councilor Tyrone to suspend the rules and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Pulliaum made motion, seconded by Councilor Taylor to approve the Ordinance. Upon voice vote, the voting was unanimous. Mayor Johnson explained that due to new federal regulation on transmission and distribution this Ordinance will prevent outside companies from coming into West Memphis and cherry picking large accounts. Councilor Pulliaum made motion, seconded by Councilor Taylor to adopt the Emergency Clause, Section 7. Upon voice vote, the voting was unanimous. The Ordinance and the Emergency Clause, Section 7 was adopted and assigned No. 2326. PERMISSION REQUEST Councilor Taylor made a motion, seconded by Councilor Tyrone to approve Planning Commission recommendations(see attached). Upon voice vote, the voting was unanimous. Councilor Taylor made a motion, seconded by Councilor to give Mayor Johnson permission to pay APAC- Tennessee$132,589.10 for work completed on East Polk. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Public Works Commission—Councilor Taylor reported that City Engineer Sorrell submitted information addressing the need for a sanitation rate increase. City Engineer Sorrell recommended a 30%across the board increase on commercial accounts. All other existing rates including residential would remain unchanged. During the meeting Code Enforcement Officer Ant le reported Regional Maintenance Crew from Brickey's has been working on the Stuart ditch and it is starting to look much better. We have scheduled more work days in the future. The East Arkansas Solid Waste District Board has approved the bids on the recycling trailers and the order has been placed with the low bidder being Pro-Trainer. Expect trailer in 6 to 8 weeks. Overlay is scheduled to begin on November 12 and is expected to take to 8 days to complete. The City has currently stopped picking up abandon tires. We are waiting for The Solid Waste District to provide a disposal trailer and disposal site. Police Commission-Councilor Mondy reported that the City has received nine new police SUVs and all are in service. The National Night-Out had a good turnout and was a success. There will a Stop the Violence Rally to be held on November 9th from 9am to 1pm at Horton Park. This is to help the community get to know their police officers. Animal Control Commission-Councilor Catt reported that an Animal Control Officer responded to a call, after accessing the situation called for back-up. There were two very aggressive animals and unfortunately the Police Officer was forced to discharge his firearm. The animal was taken to Animal Hospital. The animal did not survive. Having no further business to come before the City Council, Councilor Taylor moved, second by Councilor Tyrone to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:56 p.m. PASSED and APPROVED this_21_day of November 2013. WILLIAM H. JOHNSON, MAYOR ATTEST: Oviledunik_ PHILLIP PA N t A, CITY CLERK Minutes prepared by: Tracy Camper, Jr. Deputy City Clerk . . , BRAWLEY CONSULTING ENGINEERS,INC. 7gu West Broadway P.O.Box 1806 West Memphis,Arkansas 72301 Estimate No: (One) 1 ESTIMATE SHEET From:9/4/2913 To: 10/24/2013 Project: East Polk Improvements Phase I Contractor: APAC-TN Inc. • Community Developmen No. B-2009-2013-MC-05-0009 P.O. Box 13427 City of West Memphis,Arkansas Memphis,TN 38113'0427 ITEM - K0 CONTRACT ' UNIT LAST EST. T MONEY PERIOD TO DATE NO. ITEM QTY UNIT PRICE QTY QTY VALUE QTY VALUE 1 Unclassified Excavation _ 2155 C.Y. $12.00 0 2155 $25.860.00 2,155 $25.860.00 2 Borrow 273 C.Y. _ $21.00 0 0 $0.00_ 0 z0.00 3 Crushed Limestone Base 996 TON $35.00 0 1076.38 $37.873.50 1.076.38 *37'673.30 4 Crushed [mont,n' Driveways _ 8To^ $95.00 0 0 $0.00 0 $0.00 5 4"Concrete Sidewalk 698 G.Y. o46.00 0 0 *0.00 0 $0.00 6 5"Concrete Driveway 164 8.Y. $50.00 0 45.36 $2.268.00 45.36 $2.268.00 7 Geo Textile Filter Fabric 2530 S.Y. $4.00 0 2530 $10.120.00_ 2530 $10.120.00 8 Concrete Curb&Gutter , 1570 L.F. _ $22.00 U_ 1578 $34.716.00_ 1578 $34.716.00 9 ACHM Binder _ 528 Ton $104.00 0 352.73 *36.083.g2_ 353 $36.683.92 10 ACHM Surface 211 Ton $114.00 _ 0 0 $0.00 0 *0.00 11 Seedinq and Mulching 0.27 Acre *3.150.00_ 0 0 $O.00_ 0 $0.00 12 Wheel Chair RampTypel 368S,v. $128.00 O, 0 $0.00 0 $0.00 . 13 Drainacie Box Patched 5 Each *1.400.00 _ 0 0 $0.00 , 0 $0.00 14 New Dinaqe Box 1,Each *4200.00 0 0 $0.00 0 $0.00 Subtotal , - . , $147.321.32 DELETE: 12 Wheel Chair Ramp Tv,a1 368S.Y. $128.00 0 0 $O.OU, 0 $0.00 Subtotal Delete . . . $147,321.22 ADD: _ ' 15 Wheel Chair Ramp Type 6 91.2 S.Y. $128.00 0 0 $0.00 0 $0.00 16 Removal of Replacement Oonom�Curb ' 485_S.Y. - $26.50 0 0 $O.VV' 0 $0.00 Includinci steel anchors - 17 Removal and Replace Cvnc��a�awm|ky` 169 G.Y. $114.00 O. 0 $O.00 - 0 $0.00 in radii includinci water valve adiustmerits _ _ , Subtotal Add_ | . $147,321.22 'Subtotal $147,321.22 $147,321.22 ORIGINAL CONTRACT $290.301.50 LosmRet $14.732.12 $14,732.12 Alternate No.2-Asphalt $132,589.10 $132.5W8.1U - . Grand Total $132,589.10 Percent Original Work Completed 50.75% Less All Previous Payments $0.00 Amount Due,This Estimate $132.589.10 Approved for Payment: CITY OF WEST MEMPHIS Examined,Checked and Approved: By: Eddie E. Brawley, P. E. Brawley Consulting Engineers, Inc. By: West Memphis,AR APAC-TN, Inc. Cra CITY OF WEST MEMPHIS W est Memphis.Arisen:4es 72301 Planning and Development Ph.#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd,Planning Commission Coordinator DATE: November 1, 2013 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, October 30, 2013, to the Mayor and City Council, on Thursday, November 7, 2013. Replat of Lots 26-32,Block 57 and the N.1/2 of vacated Cole Street,Showers Subdivision, Case#SD-06-13—The Planning Commission recommended to approve a variance of 500 square feet on lot size for Lot 26-A. These lots are unusually short, but have a large lot width. Allowing the 500 square feet variance will give the property owner enough lot size to construct a duplex on Lot 26-A, as well as, a duplex on Lot 26-B. The Commission recommended approval of the Replat of Lots 26-32, Block 57 and the N. 1/2 of vacated Cole Street, Showers Subdivision, for the property owner Mr. Steve Lackey, represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers. This property is located at, approximately 1219— 1231 Lancaster. This property is zoned R-2, Low Density Residential. The Commission recommended approval, subject to the following criteria: 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the Department of Public Works; 3. Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of storm water management requirements and other improvements, as required by the City Engineer. Planning Commission Recommendation November 1, 2013 Page two II. Drainage Ditch No. 6,Right-of-Way Dedication Plat,Block 2, South Loop Subdivision,Application, Case#SD-07-13—The Planning Commission recommended approval of Drainage Ditch No. 6, Right-of-Way Dedication Plat, Block 2, South Loop Subdivision., Block 1, Gibson Subdivision. The Commission recommended approval, subject to the following criteria: 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the Department of Public Works; 3. Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of storm water management requirements and other improvements, as required by the City Engineer.