05/10/2023 •
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MINUTES
WEST MEMPHIS CITY COUNCIL
May 10, 2023
A Special'Called meeting of the West Memphis City Council was held on May 10, 2023,
at 4:00 p m. in the City Council Chambers at City Hall, 205 S."Redding, West
Memphis, Arkansas.
Invocation was given by Pastor Anthony King of Faith International Church followed
by the Pledge of Allegiance led by Sr. Deputy City Clerk, Patricia Lane. Mayor Marco
McClendon called the meeting to order at 4:00 p.m. City Clerk, Patricia Joplin called
the roll. Those present were City Attorney Michael Stephenson, and Council Members:
Gheric Bruce, Tracy Catt, Wayne Croom, Hellen Harris, James Holt, Lorraine
Mohammed, Willis Mondy, David Murray. and Charles Wheeless. Absent was City
Treasurer, Charlie Suiter Jr and Councilor Melanie Hutchinson, Also, present was
Evening Times Reporter Donald Wilburn. Quorum being present Mayor McClendon
proceeded with the meeting.
BID OPENINGS: NONE
OLD BUSINESS NONE
NEW BUSINESS:
Councilor Mohammed made the motion, seconded by Councilor Croom to read 0-1 by
title only.. Upon voice vote, voting was unanimous.
0-1 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY
LOCATED AT I-40 AND COLLEGE BLVD, PERMITTING A TRAVEL CENTER IN SC-
2 SUBURBAN COMMERCIAL 2-OPEN DISPLAY ZONING DISTRICT
Mayor McClendon said that the ordinance was being presented for council's approval.
The Planning Commission recommendations were approved at the council meeting on
May 4, 2023.
City Attorney Stephenson read the ordinance by title only for the FIRST time.
Councilor Croom made the motion seconded by Councilor Wheeless to suspend the
rules and place the ordinance on its second reading. Councilor Catt abstained from
the vote. Upon voice vote, voting was unanimous. City Attorney Stephenson read the
ordinance by title only for the SECOND time. Councilor Mon
dy made,the motion, seconded by Councilor Bruce to further suspend the rules and
place the;ordinance on its third reading. Councilor Catt abstained from the vote. 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. Discussion followed: Ms. Christine
Donhardt a representative for Race Trac Travel Center came before council to present
renderings of what the project will look like. Ms. Donhardt said that they also
submitted two site plans because they are trying to buy some right of way from
ARDOT. Mayor McClendon said the ordinance was accidently left out of the packets
and was not put on the agenda at the last council meeting, but that it had already
been approved by the Planning Commission, and due to the special use permit it still
needed to come before council, so they are taking action to correct the matter. There
being no further discussion. Mayor McClendon asked for a roll call vote, City Clerk,
Patricia Joplin called the roll. The roll call vote was as follows.
YES: Bruce, Croom, Harris, Holt, Mohammed, Mondy, Murray, Wheeless
NO: None
ABSTENTION: Catt
ABSENT: Hutchinson
With 8 Yes votes, 0 No votes, 1 Abstention votes, 1 Absent vote the ordinance was
adopted and assigned No. 2635.
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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.
Mayor McClendon said that he had the opportunity to review the recording of the last
council meeting held on May 4, 2023, and wanted to clear up some
misunderstandings and bring some things to councils' attention. The mayor said that
there are two new schools being built in that area of over a Hundred-million-dollars in
investments in the building of two new schools and a new housing development. The
Public Facility Board has purchased a majority of the properties in the area and the
City Demolition Department has gone in and demolished abandoned trailers, cleared
away debris and cut the grass at the properties. Mayor McClendon said for far too long
this area has been known as drunk town. Mayor McClendon said that he has always
said that if nothing changes, nothing changes, he has also spoken with the two
council members that represent that area of town Councilor Harris and Councilor
Mondy as well as Councilor Bruce who grew up in the area and they all know
something needs to change. Mayor McClendon said had this area gotten like it looks
during his,term he would take the blame, but this has been going on for decades and
it needs to be addressed and by allowing the Planning Department to identify ways to
provide new things around the million-dollar schools is needed. Mayor McClendon and
Planning &Development Supervisor, Marilyn Phelix met with Mr. Stan Fitterman of
LISC who shared information on affordable housing and information on how the city,
developer or owners could apply for up to $25,000 to be able to buy a home or help
with the down payment on a home or to help with closing cost to be able to redefine
that area. The mayor said that the city has another area where they just built two new
schools and if you can imagine, if they were to tear down duplexes in that area and
allow people to bring in mobile homes what it would look like. The young lady that
came before council was proposing to bring in mobile homes that were in the same
poor condition as the ones that were torn down and are still there and did not meet
the minimum standards for mobile homes. Mayor McClendon is asking council for
their consideration in approving the moratorium to allow them time to produce a plan
to properly address mobile homes going forward. Mayor McClendon said that he takes
a lot of heat about not cleaning up the city, but he does not understand it., since his
administration they have demolished close to 200 dilapidated houses and removed
blithe that have been a nuisance to the community in his first term. The mayor said
he feels it is reasonable to ask for councils support of the six-month moratorium to
allow them time to come up with a plan to improve the community. Councilor Bruce
asked if this area were zoned for mobile homes and if they could not come back and
rezone the area for a different type of housing. The mayor said council can do that
because there are other areas that are zoned for mobile homes. Ms. Phelix said it is
also zoned for small houses. Councilor Bruce said if they don't rezone it then people
will continue to drag more dilapidated mobile homes in that do not meet the minimum
standards. Mayor McClendon said if council approves the moratorium and gives them
time to conduct the study and the information supports rezoning that is what they will
do. Councilor Catt said in reviewing the current ordinance, one thing that he would
like them to touch base on is making sure that the HUD minimum property standards
for manufactured housing is incorporated in when rewriting the new ordinance to
ensure that they are meeting US Department Housing minimum standard
requirements. Councilor Bruce said he looked at the mobile trailer that was brought in
and it was not up to the standards that they are wanting for that area. Councilor
Croom said that he thought that where the young lady that came before council was
wanting to place her mobile homes was in a different area. Councilor Bruce said that
they determined at the last council meeting that she wanted to place her mobile
homes in the area in question off of S L Henry. Councilor Croom said he was for the
moratorium and he himself visited the area off of 25th and SL Henry Street after the
last council meeting and he was in agreement that the area was unsightly. Mayor
McClendon informed council that Barton Home Center has invested in the community
as well and has donated material to build the new fence. City Attorney Stephenson
reiterated that the six-month period of time for the moratorium needs to not be just an
arbitrary period it needs to be related to a study or whatever it is going to be for them
to make a determination. City Attorney Stephenson said there needs to be a rational
relationship to that moratorium period of time. If the study can be done in less period
of time than that is what it needs to state in the moratorium if need be they could
extend it if they needed more time. He said what he is saying with moratoriums is the
less period of time the better, if it was to be challenged at another period and time.
City Attorney Stephenson said that he has researched some cases with the U S
Supreme!Court cases in regard to the 5th amendment rights on if your taking
someone's property without providing them just compensation and that is what they
need to avoid, he said they do not want to be taking somebody's property when they
could be using it for something else or another purpose, looking into the zoning
ordinance to see if they need to make some changes as a result of Wonder School
being built there is a good reason, looking at property values and trying to solve some
of the crime problems are all legitimate city and governmental interest. He just wants
to make sure that they are not throwing out an arbitrary time with the six-month time
period. Councilor Mohammed wanted to know who would be conducting the study.
Mayor McClendon said the study would be internal, but he has hired two Planners
and both individuals presented great ideas about the possibilities of what can be done
to improve that area. Councilor Catt asked that they make this matter a standing item
over the next 90 days for the second meeting of each month to ensure that everything
is evolving as quicky as possible so that they make a decision about what they might
or might not want to do over a length of time. Councilor Catt said they need to keep
the public informed on their progress and give them an idea of how much time it is
going to take them to get there. Councilor Mohammed asked once they start
conducting the study what will be their criteria and what if someone were wanting to
bring a nice mobile trailer into the area would they be allowed to. or do they not want
any trailers at all. Mayor McClendon said they have homes being developed in the
area. Councilor Mohammed said she was just trying to get an understanding. Mayor
McClendon said it is currently zoned for mixed high density and they are looking at
developing the area with homes and as Councilor Catt pointed out if they do allow
mobile home trailers they will have to meet the US Standards of minimum
requirements, which is different from the trailers that the young lady was proposing to
bring in that did not meet those requirements. Councilor Mohammed wanted to know
if someone brought in a really nice trailer during this moratorium would they not be
able to bring it in. Mayor McClendon said if council approved the moratorium for six
months no one would be able to bring in trailers at all during that time. Councilor
Bruce said he felt that they did not necessarily have to do a moratorium but they
could rezone the area to not allow anymore trailers and once the trailers that are there
leave you could not bring another one in, but allowing them to do a moratorium would
give them the opportunity to conduct a study to see what kind of an impact the
trailers have on the community and it would not allow anyone to bring anymore in
until the study is conducted and a decision is made. Councilor Bruce said the problem
that they have is the people that live in the trailers do not own them and most of the
owners that own the trailers to do not live in West Memphis and do not maintain them
and the area is in horrible shape and what they are trying to do is improve the
community by developing affordable housing. The city has invested a lot of money in
that area to improve that area and he agrees there is need for improvement all over the
city, but they have to start somewhere. Councilor Harris said that the East end of
Broadway is a gateway into West Memphis and there is a need for improvement.
Councilor Catt said that there is need to develop standards compliant with the
guidelines by the US Standard of Minimum Housing requirements throughout the city
not just in this specific community in regard to manufactured housing.
Councilor Bruce made the motion, seconded by Councilor Croom to approve the
permission request for the moratorium. City Attorney Stephenson reiterated that one
of the things that they need to keep in consideration 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. Councilor Mohammed
said she needed to understand the request fully before making a decision. Councilor
Mohammed asked if what they were asking council to vote on was not to allow anyone
to bring any more mobile homes into that area within the next six months to allow the
Planning Commission and administration time to set some guidelines for the
allowance of mobile homes going forward or was the goal not to have mobile homes at
all. Mayor McClendon asked for a roll call vote. City Clerk Patricia Joplin called the roll
the roll call vote was as follows:
YES: Bruce, Catt, Croom, Harris, Mondy, Murray, Wheeless
NO: Holt
ABSTENTION : Mohammed
ABSENT : Hutchinson
With 7 Yes votes, 1 No vote, 1 Abstention vote and 1 Absent vote the motion to
approve the 6-month moratorium passed.
CITIZENS REQUEST: NONE
APPOINTMENTS: NONE
PRESENTATIONS: NONE
COMMITTEE REPORTS: NONE
ANNOUNCEMENTS:
Councilor Catt said budget would like to meet Tuesday May 16, 2023, at 4:00 p.m.
Finance Director, Tori Perry will be giving council an update on the First quarter
financial numbers.
Mayor McClendon said that a murder was committed the other night in West
Memphis, and he was told the clerk's office sold a permit for a block party and it was
his understanding that anytime someone calls regarding a block party that they are
referred to the Police Department. Mayor McClendon deferred to Sr. Deputy City Clerk,
Patricia Lane for an explanation. Ms. Lane confirmed that no privilege license was
issued to anyone to have a block party within the City of West Memphis, and it is the
standing policy set by administration and in compliance with city ordinance that the
clerk's office cannot and will not sale a license to have a block party. Mayor
McClendon reiterated that at no time are any privilege licenses to be sold to conduct
block parties. Mayor McClendon said the block party that was held off of Redding & 111
Jackson had over 400 people and as a result of the shooting they have had some
repercussions that he and the West Memphis Police Department and are trying to get
in front of before there are further problems.
Having no further business to come before the City Council, Councilor Mohammed
made the motion, seconded by Councilor Bruce, to adjourn. Upon voice vote, the
voting was unanimous. The meeting was adjourned at 4:40 p.m.
PASSED and APPROVED this 18th DAY OF MAY 2023.
i-t
MAARCO MCCLENDON MAYOR
ATTEST:
PATRICIA JOPLINg CLERK
Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk