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June 26, 2014 MINUTES WEST MEMPHIS CITY COUNCIL June 26, 2014 A regular meeting of the West Memphis City Council was held on Thursday, June 26, 2014 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Mike Seale, Minister-Missouri Street Church of Christ. Brother Mike announced that his Church is praying for our city at various locations throughout the city on Wednesday nights this summer. He has been working with the youth at the LR Jackson facility and asked if the City Council would consider helping them because they have a summer youth program going on there and they do not have any air conditioning. He said a member of his Church has agreed to repair the unit for the cost of supplies. He passed out a schedule of their Praying for our City schedule and a cost estimate for the repairs of the air-conditioner. Mayor Johnson called the meeting to order at 1:35 p.m. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors:, Willis Mondy, Melanie Hutchinson, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, James Holt, and Marco McClendon., Those absent were: Taz Tyrone and Herman Coleman. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilor Catt moved, seconded by Councilor Taylor to dispense with the reading of the minutes of June 5, 2014 City Council meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS 2ND Reading AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 500 WEST BROADWAY, ALLOWING A CLIMATE CONTROLLED STORAGE FACILITY IN A C-1, COMMERICAL DISTRICT City Attorney Peeples read the Ordinance for the SECOND time. 2nd Reading AN ORDINANCE TO REZONE PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS LOCATED AT APPROXIMATLEY 1618 THOMPSON AVENUE, FROM C-2 OPEN DISPLAY COMMERICAL, T01-1, LIMITED INDUSTRIAL. City Attorney Peeples read the Ordinance for the SECOND time. Councilwoman Robinson made a motion, seconded by Councilman Mondy 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 time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2344. NEW BUSINESS Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and read title only of R-1, 0-1 and 0-2. Upon voice vote, the voting was unanimous to approve. R-1 A RESOLUTION OF THE CITY OF WEST MEMPHIS APPROVING THE AMENDMENT OF THE POLE ATTACHMENT AGREEMENT FOR USE OF ELECTRIC SYSTEM POLES WITH COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/TENNESSEE, INC. City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Resolution. Upon voice vote, the voting was unanimous to approve. The Resolution was adopted and assigned No. 2059. 0-1 AN ORDINANCE APPROVING THE HIRING OF KARL LANE, D/B/A THE INCREDIBLE INFINITY FOR MUSIC ENTERTAINMENT FOR THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to suspend the rules and place the Ordinance on the second reading. City Attorney Peeples read the Ordinance for the SECOND time. Councilman Catt made a motion, seconded by Councilman Pulliaum to further 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 time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2345. 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR REPAIRS OF R96185 FAIRBANKS MORRIS PUMP, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. Councilman Pulliaum made a motion, seconded by Councilwoman Robinson to suspend the rules and place the Ordinance on the second reading. City Attorney Peeples read the Ordinance for the SECOND time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to further 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 time. Councilman Mondy made a motion, seconded by Councilman Pulliaum to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2346. Councilwoman Taylor made a motion, seconded by Councilman Pulliaum to adopt the emergency clause, section 2. Upon voice vote, the voting was unanimous to approve. The Ordinance and its emergency clause was adopted. Councilman Pulliaum made a motion, seconc Bd by Councilwoman Taylor to add the Planning Commission Recommendations and Ordinance 0-3 to the agenda. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion, seconder by Councilor Taylor to suspend the rules and read title only of 0-3. Upon voice vote, the voting was unanimous t approve. 0-3 AN ORDINANCE GRANTING A SP( IAL USE PERMIT FOR EXCAVATION AND THE REMOVAL OF DIRT IN A R-1, RESIDENTIAL DISTRICT, L ICATED APPROXIMATELY IN THE 900 BLOCK OF WALNU1T11 _ STREET AND PECAN STREET IN THE CIT 'OF WEST MEMPHIS, ARKANSAS, DECLARING AN �� J EMERGENCY AND FOR OTHER PURPOSE 1 01,0P' City Attorney Peeples read the Ordinance for the FIRST time. Councilman Pulliaum made a tion secon Councilwoman Taylor to suspend the rules ai d place the Ordinance on the second reading. City Attorne& Peeples read the Ordinance for the SECONC time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to further suspend the gales and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City F Corney Peeples read the Ordinance for the THIRD time. Councilman Pulliaum made a motion, seconc Id by Councilwoman Taylor to approve the Ordinance. City Engineer Phillip Sorrell explained that the city had an opportunity on the south side of town to utilize some property allowing a developer to mine the dirt heeded for a project and this would allow the city to use the property for a storm water basin to mitigate tl- j flooding in that area. He said this was a win-win situation for the developer and the City of West Memphis. He also reported that a Public Hearing was held and also the Planning Commission approved this project. Councilor on Catt stated for the record that he was abstaining from the votes. Upon voice vote, the voting was unanimous. 'he Ordinance was adopted and assigned No. 2347. Councilwoman Taylor made a motion, seconc td by Councilman Pulliaum to adopt the emergency clause, section 3. Upon voice vote, the voting was unanimoc. $to approve. The Ordinance and its emergency clause was adopted and assigned No. 2347. PERMISSION REQUEST Councilman Pulliaum made a motion, second id by Councilwoman Taylor to approve the Planning Commission recommendations from June 25, 2014. Upon voice vote, the voting was unanimous. Councilwoman Taylor made a motion, seconc od by Councilman Pulliaum to give Mayor Johnson permission to sign the agreement with MATA. Mayor Johns pn said that MATA has maintained the current cost for the last four or five years. Upon.voice vote, the voting was ,unanimous. ANNOUNCEMENTS Mayor Johnson announced Freedom Fest is t orrow night at Tilden Rodgers Park beginning at 5:30 and ending with fireworks at 9:00 pm. He said for the first ime the Police Department would be swabbing children for DNA if the parents signed a permission form. He sai this would help in the case a child was abducted and they would have their DNA on file. They are also going tc have hot air balloon rides and music entertainment. Councilman McClendon made a motion, seco •ed by Councilman Mondy to amend the budget taking $500.00 from the City Council travel account and reallc -ted to pay for the LR Jackson Girls Club air-conditioning repairs. Upon voice vote, the voting was unanimous tc pprove. Frank Martin, City Treasurer is to have a Resolution drawn up to that affect. Having no further business to come before the City Council, Councilman Pulliaum moved, second by Councilman McClendon to adjourn. Upon voice vote, the •ting was unanimous. The meeting adjourned at 2:00 p.m. PASSED and APPROVED this 3rd day of I ply, 2014. WILLIAM H. JOH SON, MAYOR ATTEST: St-a PHILLIP ARA C `�.� CLgRK Minutes prepared by: Cindy Greenwood, Sr. [leputy City Clerk -. Era CITY OF WEST MEMPHIS West Memphis, Arkansas 72301 Planning and Development I'h.#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: June 28, 2014 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, June 28, 2014, to the Mayor and City Council, on Thursday, June 26,2014. I. PUBLIC HEARING: Special Use Permit, Guaranty Loan &Real Estate Co.,Approximately 900 Block of Walnut Street and Pecan Street-Application, Case#SUP-03-14—The City of West Memphis Planning Commission recommended to approve the Special Use Permit request presented by the property owners, to allow excavation and removal of soil, in a R-1, Residential District,for the property located at approximately 900 Block of Walnut Street and Pecan Street, in the City of West Memphis,Arkansas. (Ordinance Prepared.) Approval is subject to the following criteria: 1. Final site plan, development criteria, ingress/egress and construction time frame shall be subject to the approval of the City Engineer prior to beginning operations.