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March 5, 2015 1 MINUTES WEST MEMPHIS CITY COUNCIL MARCH 5, 2015- A 015A regular meeting of the West Memphis City Council was held on Thursday, March 5, 2015 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Brother John Rech. Mayor Johnson called the meeting to order at 1:35 p.m. Phillip Pare, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, and Councilors: Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, Helen Harris(late), Willis Mondy, and James Holt. Absent was: Councilors Melanie Hutchinson, Marco McClendon, and Taz Tyrone. 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 February 19, 2015 and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS NEW BUSINESS Councilor Pulliaum made a motion, seconded by Councilor Catt to suspend the rules and read the titles only of R-1, R-2, R-3 and 0-1 through 0-5. Upon voice vote, the voting was unanimous. R-1 A RESOLUTION OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CARGILL AGHORIZONS, TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15-4-2706(D)OF THE CONSOLIDATED INCENTIVE ACT OF 2003) City Attorney Peeples read the Resolution. Councilor Catt made a motion, seconded by Councilor Pulliaum to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 2073. R-2 A RESOLUTION OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF EFCO CORP., TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15-4-2706(D)OF THE CONSOLIDATED INCENTIVE ACT OF 2003) City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 2074, R-3 A RESOLUTION CERTIFYING THE CONDEMNATION AND REMOVAL OF ALL BUILDINGS AND STRUCTURES, LOCATED AT 974 WEST MCAULEY AND 900 EAST BARTON, CONSTITUTING A NUISANCE WITHIN THE CITY OF WEST MEMPHIS CORPORATE LIMITS City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Robinson to approve the Resolution. Mayor Johnson explained this is an attempt to rid Ward Four of the blighted property known as Mayfair Apartments. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 2075. 0-1 AN ORDINANCE APPROVING THE HIRING OF ADAM STANDRIDGE D/B/A QUALITY ELECTRIC FOR ELECTRICAL WORK FOR THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. 0-2 AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY OF WEST MEMPHIS, ARKANSAS REGARDING WORKER'S COMPENSATION, FAMILY MEDICAL LEAVE, AND PERSONAL LEAVE BENEFITS FOR CITY EMPLOYEES, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. `Due to their only being six Council members present at this time, and it takes seven members voting to suspend the rules, Mayor Johnson skipped 0-3 and went on to 0-4 until another Councilor arrived . 0-4 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1589 THOMPSON,ALLOWING A 150' CELL TOWER IN A 1-1, INDUSTRIAL DISTRICT Councilor Pulliaum made a motion, seconded by Councilor Mondy to table the Ordinance until the first meeting in April (4-2-15). Upon voice vote, the voting was unanimous. PERMISSION REQUESTS Mayor Johnson said there were three items that needed to be added to the agenda. Councilor Pulliaum made a motion, seconded by Councilor Taylor to give permission to add a Permission Request to the agenda and give approval to pay Tri-State Mack$250,000 for an overhead dumpster garbage truck. Upon voice vote, the voting was unanimous to approve. 2 Councilor Pulliaum made a motion, seconded by Councilor Robinson to give permission to add (1) Permission Request to pay the Cal Ripken Foundation$100,000 and(2)to add Ordinance 0-5 to the agenda. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve payment to Cal Ripken Foundation in the amount of$100,000. Upon voice vote, the voting was unanimous. Councilor Robinson made a motion, seconded by Councilor Taylor to approve the Planning Commission Recommendations as presented. Upon voice vote, the voting was unanimous. (See attached) *Council Harris arrived at1:48 pm. (There are now seven members of the City Council present) 0-5 AN ORDINANCE WAIVING COMPETIVE BIDDING FOR THE PURCHASE OF A LEKTRO MODEL AP8850SDA AIRCRAFT TOWING VEHICLE, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. Councilor Catt made a motion, seconded by Councilor Taylor 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 Pulliaum made a motion, seconded by Councilor Robinson to further suspend the rules and place the Ordinance on the third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2373. *Now that there are seven council members present, Mayor Johnson went back to 0-3 on the agenda. 0-3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 9783 US HWY 70 W,ALLOWING AN ANIMAL BOARDING AND RETAIL FACILITY IN A C-2-E, COMMERCIAL EXTRATERRITORIAL JURISDICTION BOUNDARY OF THE CITY OF WEST MEMPHIS City Attorney Peeples read the Ordinance for the FIRST time. Councilor Catt made a motion, seconded by Councilor Pulliaum 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 Pulliaum made a motion, seconded by Councilor Catt to further suspend the rules and place the Ordinance on the third reading. City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Councilor Pulliaum made a motion, seconded by Councilor Robinson to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2374.Councilor Catt recognized the owner of the business Robert Pouncey and the store manager Michelle Settles. COMMITTEE REPORTS Police Commission—Chairman Mondy reported they discussed setting up portable cameras in areas where there are a lot of children present. They also discussed coming up with activities for children in the summer when school is out. He reported Chief Oakes called a special called meeting March 3rd to discuss the need for purchasing new police vehicles. The Police Commission voted to recommend the Budget Committee approve purchasing five (5) new vehicles at a total cost of$215,690.17. Public Works Committee—Councilor Taylor reported the Southeast Area Drainage Improvement contracts have been signed and a Pre-Construction meeting has been set. The Street Department will be taking bids for a new 6-8 yard dump truck which is in the budget. The total recycling for February was 5900 lbs. The E-Waste trailer is working well. It has been emptied once and is almost ready to be emptied again. The sign Retroreflectivity Program is now complete. This was a new mandate that requires all traffic signs to have the correct amount of reflection. The Adaptive Field Project started on February 16th and despite the weather the project is moving along. The design component of Southland Drive Phase 3 has taken place, engineering is expected to be completed in September, and the project bid near the end of the year. Councilor Robinson recognized Ms. Shirley Brown for her Keep West Memphis Beautiful volunteerism and said it is getting close to clean up time. Having no further business to come before the City Council, Councilor Pulliaum made a motion, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:00 pm. PASSED and APPROVED this 19 day of March, 2015. WILLIAM H. JOHNSON, MAYOR ATTEST: PHILL RA, CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Clerk „j C J°�*** °/ 4ti MIT a• . CITY OF WEST MEMPHIS West Memphis,Arkansas 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: February 27, 2015 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, February 25, 2015, to the Mayor and City Council, on Thursday, March 5, 2015. I. SUBDIVISIONS: A. Special Use Permit,Tower Ventures, 150' Monopole Communication Tower, 1598 Thompson,Application, Cs#SUP-01-15—The West Memphis Planning Commission recommended approval of the Special Use Permit request presented by the property owner, represented by Mr. Lou Katzerman of Tower Ventures, for the property located at 1598 Thompson. This property is Zoned I-1, Industrial. (Ord. Prepared) Approval is subject to the following criteria: 1. Plant 10 pine trees, (a minimum of 2 '/z"caliper, 20 ft. on center), along the East property line. B. Special Use Permit,Animal Boarding and Retail Facility,9783 US Hwy 70 West,Application Case#SUP-02-15—The West Memphis Planning Commission recommended approval of the Special Use Permit request presented by the property owner, represented by Mr. Robert Pouncey, for the property located at 9783 US Hwy 70 West. This property is Zoned C-2-E, Commercial Extra-Territorial, located in the Extra-Territorial Zoning Jurisdiction Boundary of the City of West Memphis. (Ord. Prepared) Approval is subject to the following criteria: 1. Planning Department approval of animal waste disposal method prior to final inspection and Certificate of Occupancy.