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August 6, 2015 MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 6, 2015 A regular meeting of the West Memphis City Council was held on Thursday, August 6, 2015 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by John Rech. Mayor Johnson called the meeting to order at 1:30 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, Tracy Catt, James Pulliaum, Ramona Taylor, Helen Harris, Marco McClendon, Willis Mondy, James Holt, Taz Tyrone, Melanie Hutchinson and Lorraine Robinson. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilor Pulliaum moved, seconded by Councilor Catt to dispense with the reading of the minutes of July 16, 2015 City Council meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS 3td Reading AN ORDINANCE TO AMEND SECTION 11.08.048 OF THE WEST MEMPHIS MUNICIPAL CODE TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON ANY UNPAVED PORTION OF A FRONT OR SIDE YARD IN ANY RESIDENTIAL DISTRICT IN THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES Councilor Catt made a motion, seconded by Councilor Mondy to table until the September 3rd meeting. Councilor Catt is to research other cities and how they deal with the problem of parking vehicles in the grass at residences. The motion carried with a unanimous vote. The third reading of the Ordinance was tabled until September 3, 2015. 3`d Reading AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1205 EAST BROADWAY, ALLOWING COMMERICAL AMUSEMENT IN A C-1, COMMERICAL DISTRICT OF THE CITY OF WEST MEMPHIS City Attorney Peeples read the Ordinance for the third and final time. Councilor Pulliaum made a motion, seconded by Councilor Mondy to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2382. The next item discussed was the demolition of the Mayfair Apartments (tabled July 16, 2015) City Attorney Peeples read a letter from David Cocke, Attorney at Law which said he would not be attending the meeting and has been unable to get the investor's representative to make a commitment greater than already proposed and has not agreed to a$100,000 bond. Councilor Pulliaum made a motion, seconded by Councilor Taylor to refer to Planning and Development and Administration to proceed with the demolition and for the letter to be made a part of the record. Upon voice vote, the voting was unanimous to approve. (Letter attached) 2"d Reading AN ORDINANCE TO SET FORTH UNIFORM REQUIREMENTS FOR THE DISCHARGE OF FATS, OIL AND GREASE(FOG)INTO THE WASTEWATER COLLECTION AND TREATMENTS SYSTEM OF THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES. City Attorney Peeples read the Ordinance for the SECOND time. NEW BUSINESS Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and read R-1, R-2, R-3 and 0-1 by title only. Upon voice vote, the voting was unanimous. R-1 A RESOLUTION APPROVING THE TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT 514 AUBURN FROM THE CITY OF WEST MEMPHIS TO THE GOOD NEIGHBOR CENTER FOR USE IN THE HOPE-3 PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE DEEDS AND FOR OTHER PURPOSES City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve the Resolution. Upon voice vote, voting was unanimous to approve. Resolution was assigned No. 2084. R-2 A RESOLUTION APPROVING THE TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT 1002 FERGUSON FROM THE CITY OF WEST MEMPHIS TO THE GOOD NEIGHBOR CENTER FOR USE IN THE HOPE-3 PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE DEEDS AND FOR OTHER PURPOSES City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Mondy to approve the Resolution. Upon voice vote, voting was unanimous to approve. Resolution was assigned No. 2085. R-3 A RESOLUTION TO AMEND THE CITY OF WEST MEMPHIS COMPREHENSIVE PLAN FROM OFFICE, TO MULTI-FAMILY RESIDENTIAL FOR CERTAIN PROPERTY LOCATED AT 401 SOUTH RHODES, IN THE CITY OF WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve the Resolution. Upon voice vote, voting was unanimous to approve. Resolution was assigned No. 2086. 0-1 AN ORDINANCE TO REZONE PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS LOCATED AT 401 S. RHODES, FROM 0-1 OFFICE, TO R-4, MEDIUM DENSITY RESIDENTIAL City Attorney Peeples read the Ordinance for the FIRST time. Councilor Taylor made a motion, seconded by Councilor Harris to suspend the rules and the Ordinance be read for the second time. 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 Hutchinson to further suspend the rules and the Ordinance be placed on the third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Taylor made a motion, seconded by Councilor Tyrone to adopt the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2383. PERMISSION REQUEST Councilor Taylor made a motion, seconded by Councilor Pulliaum to give permission for Mayor Johnson to sign a Service Agreement between Methodist Le Bonheur Healthcare and the City of West Memphis. Mayor Johnson said this was for the city's Employment Assistance Program. Upon voice vote, the voting was unanimous to approve. Councilor Catt made a motion, seconded by Councilor Pulliaum to give permission for Mayor Johnson to sign a contract for the recodification of the West Memphis Municipal Code Book. Upon voice vote, the voting was unanimous to approve. Councilor Taylor made a motion, seconded by Councilor Robinson to distribute funds for Councilor McClendon in the amount of$250.00 to Promoting Change in the Community and$486.27 to DEERS, LLC. Upon voice vote, voting was unanimous. COMMITTEE REPORTS Public Works Committee: Councilor Taylor reported that the Southeast Area Drainage Improvement is almost complete. There is some cleanup and dress up items to be finished. Public Works is to document illegal dumping loads to see what costs are involved in picking up the materials. They are waiting on quotes for cameras. Officer Antle has met with other police officers to give them the areas that are the main dumping sites to see if they will help patrol these areas. The contractor has not completed the final grading and clean-up of the Westwood Acres Drainage Basin. They are in the process of mowing the basin and then are to have Vector Mosquito Control to spray in the area. Mr. Sorrell presented the 2015 Street Overlay Maps. This project will be bid at the first Council meeting in September. The total for recycling in July was 12,860 pounds. The e-waste trailer was emptied twice in July. Southland Phase 3 plans are in 90% review stage by the Arkansas Highway Department. The design should be completed in the next 30 days. The next step will be to hire the construction engineer. Mr. Sorrell reported they are working with Planning and Development with the bid process for the Trailhead Project which will be bid on August 20, 2015. Councilor Robinson reported on Keep West Memphis Beautiful. She said a group got together to clean the Eastwood area and did a wonderful job. They plan on cleaning up regularly. Budget Committee: Councilor Catt made a motion, seconded by Councilor Harris to adopt three references to use as a benchmark/reference to be studied for future salary compensation of city employees; Paragould Light, Water and Cable Wage& Benefits Survey, American Public Power Association's Survey for local publicly owned electric&utility and the Arkansas Municipal League's Employee Salary Comparison. Councilor Catt said they will bring back the data to the City Council by October 1, 2015 for consideration to hopefully implement salary adjustments for city employees. Discussion was held. Upon voice vote, voting was unanimous to adopt. Councilor Catt then made a motion, seconded by Councilor Tyrone to approve Mayor Johnson's proposal to give all full time city employees a 3% bonus the first week in December, 2015, being no less than$1,000 and a 3% across the board pay raise effective January 1, 2016. Upon voice vote, the voting was unanimous. ANNOUNCEMENTS Councilor Mondy announced that last Saturday the park on S 10th was dedicated to Phoenix Sun pro-basketball player Sonny Weems who was born and raised in West Memphis. Mr. Weems is donating $10,000 to refurbish the park and basketball court. They said how much they appreciated him giving back to his community. CITIZEN REQUESTS Vickie Robertson—1212 E Polk was present to find out the city's intensions on fixing the Neighborhood Center at 1300 E Polk. She said it is boarded up and a blight to the neighborhood. Mayor Johnson explained the city had spent over$100,000 on the building and it was vandalized and torn up again. It has foundation problems and structural problems and was found to be unsafe for public use by the building inspector. Councilor Catt said that he is in the process of getting bids on the repairs. Councilor Pulliaum said the county used to help with the expenses of that building and asked Ms. Robertson if as a member of the Quorum Court, if she could help get the county to help again since it is a"community building". Ms. Robertson said they have to pay for the upkeep of the vacant hospital right now. Ms. Robertson said the building really needs to be open for voting in the primary election. Thula Thomas requested permission to put up a small sign at the intersection of Missouri and McCain, next to the existing sign. She has moved to the building behind the building facing Missouri and no one can find her. Councilor Pulliaum made a motion, seconded by Councilor Mondy to grant a 30 day sign variance. Upon voice vote, the voting was unanimous. ME Councilor Robinson made a motion, seconded by Councilor Pulliaum to allow the Pledge to Our Community group to speak. Upon voice vote, the voting was unanimous. Melvin Robinson represented the group and said they are committed to giving back to the community and would like to assist the city in cleaning up West Memphis and volunteered to help fix up the Neighborhood Center also. Mayor Johnson thanked them for all the good things they do and hoped their membership continued to grow. Councilor Pulliaum said we need a Land Bank in West Memphis for the old vacant lots. Finance Director Frank Martin said the Insurance Committee was going to meet immediately following the City Council meeting. Having no further business to come before the City Council, Councilor Catt moved, second by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:25 p.m. PASSED and APPROVED this 20th day of August. 2015. WILLIAM H. JOHN , MAYOR ATTEST: PH , CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Clerk David Peeples From: David Cocke <dcocke@evanspetree.com> Sent: Wednesday, August 05, 2015 7:49 PM To: David Peeples Subject: Mayfair Dear David: Viet Ha and I will not be attending the meeting with the Council tomorrow because we have been unable to get the investor's representative to make any interim commitments greater than those already proposed and he has not agreed to a$100,000 bond. He is a little discouraged by the Council's position. Under the circumstances we do not believe we have anything to propose that will affect the Council's decision and will just let things play out. Please let the Mayor and The Council know. If I learn something encouraging I will get back in touch with you. Thank you for your great courtesy. David Cocke Attorney at Law EVANS ( PETREEi' : 1000 Ridgeway Loop Road,Suite 200 Memphis,Tennessee 38120 Phone:901.525.6781 I Direct:901.474.6113 Fax:901.521.0681 I Direct Fax:901.374.7545 dcocke@evanspetree.com www.evanspetree.com NOTE: The information transmitted Is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon,this information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from your computer system. 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