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05/04/2023 MINUTES WEST MEMPHIS CITY COUNCIL May 4, 2023 A regular meeting of the West Memphis City Council was held on Thursday, May 4, 2023, at'1:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Pastor, Keith Higgins of First Baptist Church followed by the Pledge of Allegiance led by Sr. Deputy City Clerk, Patricia Lane Councilor Tracy Catt called the meeting to order at 1:00 p.m. Sr. Deputy City Clerk, Patricia Lane called the roll. Those present were City Attorney Michael Stephenson, and Council Members: Gheric Bruce, Tracy Catt, Wayne Croom, James Holt, Melanie Hutchinson, Lorraine Mohammed, Willis Mondy, David Murray. and Charles Wheeless. Absent was Mayor Marco McClendon, City Treasurer, Charlie Suiter Jr and Councilor Helen Harris, Also, present was Finance Director, Tori Perry, and Evening Times Reporter Donald Wilburn.;Quorum being present Councilor Catt, proceeded with the meeting. Councilor Mondy made the motion, seconded by Councilor Murray, to appoint Councilor Tracy Catt to chair the Council Meeting. Upon voice, voting was unanimous. BID OPENINGS: 2022 OR NEWER FORD F-150 LIGHTNING TRUCK- KENNETH JOHNSON Councilor Croom made the motion, seconded by Councilor Mohammed to approve the bids and refer them back to administration. Upon voice vote, voting was unanimous the motion passed. MINUTES: APPROVE OR CORRECT MINUTES OF APRIL 20, 2023 Councilor Croom made the motion, seconded by Councilor Mondy, to dispense with the reading of the minutes of April 20, 2023, Council Meeting and to approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS 3rd READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 514 SOUTH 4TH STREET, PERMITTING AN AUTO WRECKER SERVICE AND AUTO STORAGE IN A I-1 C INDUSTRIAL LIGHT CORE DISTRICT Councilor Mondy made the motion, seconded by Councilor Bruce, to table the ordinance for two weeks. Councilor Croom made a motion, seconded by Councilor Bruce to;table the ordinance indefinitely. Councilor Catt said that they could bring that back up in two weeks. There being no further discussion. Upon voice vote, voting was unanimous to TABLE until May 18, 2023. NEW BUSINESS: Councilor Mohammed made the motion, seconded by Councilor Croom to read R-1 and 0-1 by title only. Upon voice vote, voting was unanimous. R-1 A RESOLUTION CERTIFYING THE CONDEMNATION AND REMOVAL OF HOUSES, BUILDINGS AND/OR RESIDENTIAL STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CITY OF WEST MEMPHIS CORPORATE LIMITS City Attorney Stephenson read the resolution by title only. Councilor Croom.made the motion, seconded by Councilor Mohammed to approve the resolution. There being no discussion. Upon voice vote, voting was unanimous to approve. The resolution was adopted and assigned No. 2279. r,r 0-1 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PROPERTY LOCATED At 1201 LANCASTER, PERMITTING A DUPLEX IN AN MRM MIXED RESIDENTIAL MEDIUM ZONING DISTRICT City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Croom made the motion, seconded by Councilor Holt to suspend the rules, and place the ordinance on its second reading. Discussion followed: Councilor Mohammed asked what the urgency was to place the ordinance on the second reading Property owner Stave Lackey said that there was no emergency, they are just wanting to be able to start construction of the 2 two-story duplexes while they have good weather. Councilor Mohammed asked if the intent was to read it for the second time and then bring it back in two weeks for the third and final reading. Councilor Croom said that he would like council to read it out today, so that the property owner could get started, since West Memphis has had a housing shortage. Mr. Lackey said that they currently have a waiting list for the two units. Councilor Wheeless was in favor of reading the ordinance out. Councilor Mohammed asked had Mr. Lackey gone through all the procedures and requirements with Planning & Development, Planning Commission, and City Licensing. Ms. Marilyn Phelix confirmed that Mr. Lackey has met all the requirements. There being no further discussion. Upon voice vote, voting was unanimous to place the ordinance on the second reading. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Croom made the motion, seconded by Councilor Holt to further suspend the rules and place the ordinance on it third and final reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Croom made the motion, seconded by Councilor Wheeless to approve the ordinance. Upon voice vote, voting was unanimous to approve. The ordinance was adopted and assigned No. 2634 PERMISSION REQUEST: PERMISSION TO GRANT A SIX (6) MONTH MORITORIUM TO PROHIBIT THE INSTALLATION OF MOBILE HOMES IN THE DESIGNATED ZONING AREAS MIXED RESIDENTIAL HIGH DENSITY (MRH) FROM BROADWAY TO 25TH STREET. 25TH STREET TO S.L. HENRY and S.L. HENRY TO WALKER UNTIL AT SUCH TIME PLANNING AND DEVELOPMENT CAN RESEARCH THE NEGATIVE IMPACTS FROM THE ABUNDANCE OF MOBILE HOMES IN THESE AREAS. Councilor Bruce made the motion, seconded by Councilor Wheeless. Discussion followed: Councilor Croom asked if this was the area where they started the housing project. Councilor Bruce said it was and it is also where the new Wonder Junior High School is being built. Councilor Mohammed asked if 6 months was enough time to establish the requirements. Councilor Catt said after the Planning & Commission reports back to the council they will know the path that they will be following at that time and will be able to make an informed decision. Councilor Mohammed asked if this would affect the current residents that still live in the mobile homes. Councilor Catt said it would not, this would be a moratorium to prevent the installation of any new mobile homes. City Attorney Stephenson clarified what a moratorium was. City Attorney Stephenson said a moratorium is a serious issue and is not to be taken lightly. He said what we are talking about is the property rights of certain people who might own property in that area, so one of the things that has to happen is that you can impose a moratorium on certain issues, but they must be rationally related to protecting the health, safety and welfare and property values of other property owners. City Attorney Stephenson said he just wants to make sure that they are taking that into consideration if they are talking about imposing a moratorium. He also said each one of these situations depends upon the facts of each situation, so those are the types of factors that they need to look into. He also said as for the length of time he is j. not sure of how long it will take to do the study, but the shorter the period of time that they impose the moratorium is probably the better simply because it is a property right which is a constitutional right protected by the constitutional rights of the United States, so they have got to be careful and if 6 months is an arbitrary figure they need to think about that. Councilor Mohammed asked for clarification from the City Attorney on the ordinance and if council were to approve the permission request is what he is saying that no new mobile home could be placed on the identified areas for 6 months until after the study has been done. City Attorney Stephenson said he has not discussed the moratorium with the mayor or the Planning Commission, but they could change the time to a 90-day period and then extend it if they needed more time to conduct the study. He said they are talking about an area that was designated under a recent zoning ordinance that was just passed in the last couple of years by the previous Planning & Development Director, Paul Luker. City Attorney Stephenson said again it is about property rights and people do not necessarily want to be told what to do with their property especially since it was properly zoned for that use. City Attorney;Stephenson said he is not saying that you cannot do a moratorium they just need to be careful and take all the factors into consideration. Councilor Mohammed asked if they had any negative feedback in regard to the moratorium. Councilor Catt said that they did have someone signup for citizens request, but was not sure what they were speaking about on this matter, because he had not seen their application. Councilor Catt asked Ms. Phelix to give council some clarity on the matter. Ms. Phelix said that it is the mayor's intention to clean up the city and they have been doing quite a bit of demolition in that area where the mobile homes are, and they are looking at some housing development and therefore it is her understanding that the mayor does not Want mobile homes in that area. Most of the existing mobile homes are in horrible condition. Ms. Phelix said that she does understand the City Attorney's concerns', but they would like some time to conduct a study to see how it would have an impact on the area and get some feedback from the citizens in that area. Councilor Catt asked if 6 months would be sufficient enough time to conduct the study. Ms. Phelix said yes. Councilor Mohammed said she would like to hear from the people that are property owners in that area that have a concern before moving to approve the permission request Ms. Phelix said that Ms. Tammy Thomas and Shawnta Harris are in the audience and have signed up for citizens request to speak to council. They have purchased property in the area in question and are wanting to bring in mobile homes and refurbish them. Councilor Croom asked if the reason that they changed the zoning in that area was to establish a housing sub-division. Ms. Phelix said that the zoning had not been changed it is still zoned for mobile homes. Councilor Catt asked for council's permission to move citizens request up to allow the citizens to speak on this matter. Councilor Mohammed made the motion, seconded by Councilor Croom to allow the • citizens to come before council to speak on their concerns with the moratorium request. Upon voice vote, voting was unanimous. CITIZENS REQUEST: Mrs. Mary Frances Jefferson of 805 East Broadway. Mrs. Jefferson said she lives in Ward 2. Mrs. Jefferson said Wong's grocery on the corner from where she lives seems to be the hang out for drug dealers, addicts, drunks, and crime, recently a young ladies vehicle window was broken out because she stayed in the store to long and vagrants are laying on the sidewalks. Mrs. Jefferson said the police are not doing anything about it and she attempted to speak with the mayor about it. Mrs. Jefferson said the vacant building between her building, and Wong's grocery needs to be torn down. The city boarded up the building. Mrs. Jefferson said that no one seems to care about the area. Councilor Bruce asked Mrs. Jefferson to contact him, or Councilor Hutchinson, and they would try and see what they could do to help her. Ms. Tammy Thomas a resident of 1658 Church Road West in Horn Lake, Mississippi. And Shawnta Harris a resident of 2819 Oak Cove Horn Lake, Mississippi Owners of Queen Realtor came before council to speak about the 13 properties that they purchased in the Broadway sub-division with the intent of refurbishing and installing mobile homes. Their plan is to develop single and multi -family dwellings at an affordable cost to address the housing shortage. Ms. Thomas said she would be hands on with the maintenance of the property. Ms. Thomas is asking council for their consideration. Councilor Bruce said that the area would be near the new Wonder Junior High School, and he has lived here all of his life and most of the owners of the properties in that area do not live in West Memphis. The mobile homes are in terrible shape and the property owners have not maintained the area and it looks terrible. Councilor Bruce said that he feels that the study would be good. Councilor Croom said that he believes that it could be a viable project they just need to work out the particulars. Councilor Mohammed made the motion, seconded by Councilor Mondy to table the request until at such time that they can get a clearer understanding. Discussion continued. Councilor Catt acknowledged the motion that was made, Councilor Catt said that a lot of improvements have already been made to the area the blite has been cleaned up, sub- substandard structures removed, however there was one mobile home that was recently brought in within the last seven days and he is not sure if it met the standards of where administration was wanting to go with improvements in the long run to the area, his concern is within a two week period more could be brought in that do not necessarily meet the standards for improving the area. There being no further discussion: Upon voice vote there was not a unanimous decision to table the request. Councilor Croom objected. Councilor Catt asked for a roll call vote. YES: Hutchinson, Mohammed, Mondy, Murray, Wheeless NO: Bruce, Catt, Croom, Holt ABSTENTION: the motion to table ABSENT: Harris With 5 Yes Votes, 4 No votes, 0 Abstention votes, 1 Absent vote the motion to table the permission request for a 6-month moratorium failed for lack of a majority. Councilor Catt said in support of the council and if the majority of the council feels that tabling the permission request is something that they need to do he is going to support it. Councilor Catt changed his no vote to a yes vote. YES: Catt, Hutchinson, Mohammed, Mondy, Murray, Wheeless NO: Bruce, Croom, Holt ABSTENTION: the motion to table ABSENT: Harris With 6 Yes votes, 3 No votes, 0 Abstention votes, and 1 Absent vote the motion to table the permission request for two weeks passed. (Tabled until May 18, 2023). PLANNING COMMISSION RECCOMENDATIONS: Councilor Croom made the motion, seconded by Councilor Wheeless to approve the Planning Commission recommendations as presented. Upon voice vote, voting was unanimous to approve. APPOINTMENTS: PERMISSION TO APPOINT KIRBY CARLSON A& P COMMISSION (TABLED ON APRIL 20, 2023) Councilor Croom made the motion, seconded by Councilor Mondy, to approve the appointment of Kirby Carlson to the A & P Commission. Councilor Mondy objected. Councilor Catt asked for a roll call vote. Senior Deputy City Clerk, Patricia Lane called the roll. The roll call vote was as follows: YES: Bruce, Catt, Croom, Holt, Hutchinson, Mohammed, Wheeless NO: Mondy, Murray ABSTENTION: None Absent: Harris With 7 Yes votes, 2 No votes, 0 Abstention votes, and 1 absent vote the motion to appoint Mr. Kirby Carlson to the A & P Commission passed. PERMISSION TO ADD CHARITY DAY DISTRIBUTION TO THE AGENDA Councilor Croom made the motion, seconded by Councilor Wheeless to add the Charity Day.Distribution to the Agenda. Upon voice vote, voting was unanimous. Councilor Holt would like to give $1,128.73 to.Missouri Street Church of Christ. Councilor Charles Wheeless would like to give $1.128.73 to the Crittenden County Boys & Girls Club. Councilor Gheric Bruce would like to give $951.18 to the Wonder Cit Boys & Girls Club. Councilor Willis Mondy would like to give the LR Jackson girls club $250.00 Councilor Croom made the motion, seconded by Councilor Hutchinson to approve the 111 distribution of Charity Day Funds as presented. Upon voice vote, voting was unanimous to approve. PRESENTATIONS: NONE COMMITTEE REPORTS: MAIN STREET: Councilor Lorraine Mohammed presented the Main Street report. The Main,Street committee discussed different ideas to raise awareness of the need for fund raising. The major fundraiser is Taste of the Town, which is scheduled for August. Ms. Jannetta Gilliam has joined the planning committee. The grant period has ended with many property and business owners receiving funds to help with paint, floors, and walls. The next grant period will start in July, and they have already received request for funding. Main Street Director, Deborah Abernathy attended the ribbon cutting for Hightower Park at the corner of 14th and Broadway. The Spring Arts pop-up shop was a success with many of the favorite artist in attendance. ANNOUNCEMENTS: Councilor Bruce recognized the Academy of West Memphis Student Government Students and Advisor Ms. Presley that attended the Council Meeting. Planning & Development Supervisor, Marilyn Phelix said that there were representatives from Race Trac Travel Center in the audience. The Planning Commission recommendations were approved but they will need to bring back an ordinance for councils' approval that was left off the agenda at the next council meeting. Councilor Croom made a motion, seconded by Councilor Wheeless to add the presentation from the Police Department to obtain equipment from the government to the agenda. Upon voice vote, voting was unanimous to add it to the agenda. Sgt. Gardner presented information for the MRAP truck that the Police Department is trying to obtain from the Government. Executive Order 14074 requires that they notify the civilian governing body of their intent to obtain controlled equipment. They are required to post it in the paper and make a public announcement for at least 30 days. The Police;Department is going after controlled equipment and what this it is armored or tactical wheeled vehicles. The vehicle will be used exclusively for disaster related emergencies active shooter scenarios, hostage and other search and rescue operations or anti-terrorism preparedness protection prevention, or response recovery or relief. Sgt. Gardner said the SWAT team needs amour. The vehicles are called MRAP which stands for Mine Resistant Ambush Protection Vehicle. Currently the only thing the department has is a small Humvee it is not protected on the roof, so if something happens at Southland they are not protected against automatic weapons the Police Department does not even have automatic weapons and they are out gunned. The State Police offered training and he put a target in the driver seat after shooting at the vehicle from the rear the bullets penetrated the vehicle going through the trunk and passenger:seats and hit the target as well as he was able to penetrate the doors of a Ford Explorer. Sgt Gardner said in short the police vehicles offer no protection. Councilor Wheeless asked if they had to purchase the vehicle. Sgt. Gardner said there is no cost to get the vehicle they would be responsible for the maintenance and maintaining maintenance records and once they are through with the vehicle they would have to return it. All it will cost is upkeep and maintenance. Finance Director, Tori Perry asked if it would have to be added to the City vehicle insurance and Sgt. Gardner said yes. Sgt Gardner said what he is doing today is notifying the governing body of their intent. There being no further discussion. Councilor Wheeless made the motion, seconded by Councilor Hutchinson to approve the request to apply. Upon voice vote, voting was unanimous. BUDGET Finance Director, Tori Perry passed out current Financial Reports to council for them to review and she will answer any questions at the next council meeting on May 18, 2023. Having no further business to come before the City Council, Councilor Hutchinson made the motion, seconded by Councilor Mondy, to adjourn. Upon voice vote, the voting was unanimous. The meeting was adjourned at 2:00 p.m. PASSED and APPROVED this 18th DAY OF MAY 2023. ACC,/` O MCCLENDON, MAYOR ATTEST: 0)Ctr/t-te:t PATRICIA JOPLIN, CI CLERK • Minutes prepared by, Patricia Lane, Sr. Deputy.City Clerk $Py u/, 2423 BID TABULATION SHEET 2022 OR NEWER FORD F150 LIGHTNING CITY OF WEST MEMPHIS SHOP , April 26, 2023 12:00 PM @ City Hall BIDDER: AMOUNT: 1. N./0-o I `A;D N.) t3 P._ I' IE M9L 1 s 1-1- S ?s p. 5 0 r2. rDa.i7. o WEs-\-- '" ICMpks 1I0 gi l 3. ) R 4 N 1 . 5. 1 A . . I g.1-bLIIiiii : ',iwZACII•"1---- 9,.2/ 4440 nr)