June 22, 2006MINUTES
WEST MEMPHIS CITY COUNCIL
JUNE 22, 2006
A regular meeting of the West Memphis City Council was held on Thursday, June 22, 2006 at
1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas.
Mayor Johnson called the meeting to order at 1:30 p.m. Invocation was given by Reverend Gage
with the Ingram Boulevard Baptist Church. Phillip Para, City Clerk, called the roll. Those present
were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and
Councilors: Clarence Davis, Vickie Robertson, Ramona Taylor, Herman Coleman, Marco
McClendon, Helen Hams, James Holt, Joyce Gray, and Lorraine Robinson. Absent: Harold
Thomas. Quorum being present, Mayor Johnson proceeded with the meeting.
Mayor Johnson welcomed the Crittenden County Leadership Group. Today was City
Government Day and the leadership group joined Mayor Johnson and the city department head's
for lunch and they heard about the day to day operations of the city.
Next, Mayor Johnson presented ProGamation's to the Ozark Mission Project and the World
Changers proclaiming the week of June 10 -17"' as Ozark Mission Project Week and World
Changers Week. Both groups were in West Memphis last week and worked on approximately
twenty-five low income homes.
BIDg
MINUT S
Councilor Taylor moved, seconded by Councilor Robinson to dispense with the reading of the
minutes of June 1, 2006 and approve as presented. Upon voice vote, the voting was unanimous.
OLD BUSINESS
NEW BUSINESS
Councilor Robinson moved, seconded by Councilor Hams to suspend the rules and read R-1 thru
R-8 and O-1 by title only. Upon voice vote, the voting was unanimous.
R-1 A Resolution to create within the West Memphis Utilities the position of Water Treatment
Operator and for other purposes.
City Attorney Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor Holt,
to approve R-1. Lengthy discussion was held. Upon voice vote, the voting was unanimous. The
Resolution was adopted and assigned No. 1845.
R-2 A Resolution to create within the West Memphis Utilities the position of Water Distribution
Operator and for other purposes.
City Attorney Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor
Davis, to approve R-2. Upon voice vote, the voting was unanimous. The Resolution was
adopted and assigned No. 1848.
R-3 A Resolution to create within the West Memphis Utilities the position of Assistant
Distribution Operator and for other purposes.
City Attorney Peeples read the Resolution. Councilor Hams moved, seconded by Councilor
Taylor, to approve R-3. Upon voice vote, the voting was unanimous. The Resolution was
adopted and assigned No. 1847.
R-4 A Resolution to create within the West Memphis Utilities the position of Water Operator
Class I and for other purposes.
City Attorney Peeples read the Resolution. Councilor Holt moved, seconded by Councilor Davis,
to approve R-4. Upon voice vote, the voting was unanimous. The Resolution was adopted and
assigned No. 1848.
R-5 A Resolution to create within the West Memphis Utilities the position of Water Operator
Class 2 and for other purposes.
City Attorney Peeples read the Resolution. Councilor Davis moved, seconded by Councilor
Taylor, to approve R-5. Upon voice vote, the voting was unanimous. The Resolution was
adopted and assigned No. 1849.
R-8 A Resolution to create within the West Memphis Utilities the position of Water Operator
Class 3 and for other purposes.
City Attorney Peeples read the Resolution. Councilor Hams moved, seconded by Councilor HoR,
to approve R-6. Upon voice vote, the voting was unanimous. The Resolution was adopted and
assigned No. 1850.
R-7 A Resolution to create within the West Memphis Utilities the position of Water Operator
Class 4 and for other purposes.
City Attorney Peeples read the Resolution. Counclor Taylor moved, seconded by Councilor
Davis, to approve R-7. Upon voice vote, the voting was unanimous. The Resolution was
adopted and assigned No. 1851.
R-8 A Resolution to create within the West Memphis Utilities the position of General
Maintenance and for other purposes.
City Attorney Peeples read the Resolution. Councilor Hams moved, seconded by Councilor Holt,
to approve R-8. Upon voice vote, the voting was unanimous. The Resolution was adopted and
assigned No. 1852.
O-1 An Ordinance to amend Chapter 9 of the West Memphis Municipal Code to prohibit
chaining or tethering of dogs, to prohibit the keeping of vicious dogs within the City of West
Memphis, to make technical corrections, and for other purposes and declaring an emergency.
City Attomey Peeples read the Ordinance for the FIRST time. Councilor Taylor moved, seconded
by Coundlor Holt to suspend the rules and place the OMinance on its second reading. Upon
voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the
SECOND time. Councilor Taylor and Councilor Hams, as sponsors of the orclinance, requested
the council consider reading the ordinance for the third and final time at the next meeting and
adopt the emergency clause.
PERMISSION REQUESTS
City Attomey Peeples requested the City Council consider adding a Resolution to the agenda
approving a proposed settlement agreement for a case in Federal Court, Helena Division in the
amount of $35,000. The Arkansas Municipal League to pay 90% and the cty to pay 10%
($3,500). Councilor Robinson moved, seconded by Councilor Holt to add the Resolution to the
agenda. Upon voice vote, the voting was unanimous.
R-9 A Resolution approving the settlement of an action styled Timothy Howard, et al, v. Erik
Sammis, et al., and authorizing the Mayor to execute the settlement agreement and to take such
other actions as maybe necessary to effectuate the settlement, and for other purposes.
City Attomey Peeples read the Resolution. Councilor Gray moved, seconded by Coundlor Taylor
to approve. Discussion was held. City Attomey Peeples said that this agreement in no way
admits any wrong doing by the city. Upon voice vote, the voting was unanimous. The Resolution
was adopted and assigned No. 1853.
Mayor Johnson said the Planning Commission Recommendations cover letter that was included
in the packets had an error in the lot acreage. He handed out a replacement sheet with the
corrected 6.74 acres. Counclor Taylor moved, seconded by Coundlor Davis to approve the
Planning Commission recommendations as corrected. Upon voice vote, the voting was
unanimous. (Copy attached)
Councilor Robinson moved, seconded by Councilor Taylor to give permission to pay OMI
$59,476.25 for the month of July. Upon voice vote, the voting was unanimous.
Councilor Robinson moved, seconded by Councilor Davis to approve the Budget Change
Request. Upon voice vote, the voting was unanimous. (See attached)
Coundlor Coleman stated he had serious concerns with the condition of Fire Station No. 4.
Coundlor Gray stated she would put it on the next Fire Commission agenda for discussion.
Personnel Committee -Sick leave accumulation and retirement benefits were discussed for non-
uniformed dty employees.
Advertising and Promotion Commission - Commerdal Appeal insert for June focused on
Freedom Fest which will be held June 24"' from 10:00 to 4:00 at the Civic Complex and 6:00 to
10:00 pm. at Tilden Rodgers Park with fireworks show to begin at 9:00 p.m. Other events
involved included Mid South Truck Fest and Arkansas night at the Red Birds. The Highway
Department is still evaluating locating the Tourist Information site around Ingram and 7"' Street.
Councilor Taylor thanked the Evening Times for their coverage of Freedom Felt. Councilor
Hams said that Sara Beth Christian wanted her to personally thank the mayor and dty councl
and all the departments for their assistance with Freedom Fest.
Councilor Coleman reported the Insurance Committee is discussing bidding insurance.
Councilor Robinson said she received a complaint that there is smoking going on in a cty
building, which is prohibited by law. Mayor Johnson said that he would check into it, however, the
state law prohibiting smoking in all public buildings would go into effect July 21, 2006 and this law
has stricter penalties.
Frank Martin announced the city has updated their website but there is still time to add to it. He
asked that if any of the city council had information to add, they need to contact Janet Wamble in
Data Processing.
CITIZENS REQUESTS
ANNOUNCEMENTS
Having no further business to come before the City Council, Councilor Coleman moved,
seconded by Councilor Gray to adjourn. Upon voice vote, the voting was unanimous. The
meeting adjourned at 2:25 p.m.
PASSED and APPROVED this .~ day of July, 2006.
.- ~ _
~~~ ~ ~~
WILLIAM H. JOHNSO YOR
ATTEST:
PHIL IP PARA, CITY CLERK
Minutes prepared by:
Cindy Gree ood, Sr. Deputy City Clerk
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CITY OF WEFiT MEMPfllS
PLANNYNG AND DEVELOPMENT
205 S. Redtlin~{ • i'.O. Bnx 1728 • Wwtt Msmphis. Arkanaus 72303 • (8701732.7320 • I~ux tR7(1~ 732.7l~il~
MEMO
TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission Coordinator
DATE: June 16, 2006
RE: Recommendations from the regular scheduled Planning Commission meeting held on
Wednesday, May 31, 2006, to the Mayor and City Council, on Thursday, June 22, 2006.
A.) The City of West Memphis Planning Commission recommended to approve Fin l P at
VFW Subdivision~Ann[ication Case#SD-03-06, for the property owner Life Strategies of
Arkansas, for the property located at approximately 500 Cox Street. This property is Zoned R-4,
Medium Density Residential and contains two lots. Lot 1 is the existing VFW building and Lot 2
will be used for the Life Strategies project. Lot 1 contains 6.74 acres and Lot 2 contains 4.63
acres.
Approval subject to the following criteria:
Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by the Department of Public
Works;
3. Approval of the improvement plans by the West Memphis Utility Department, as to
easements;
4. Installation of improvements, as required by the City Engineer.
An Equal Opportunity Employer
i ~ rvi ro
CERTIFICATE OF OWNER
We, the undersigned, owners of real
estate shown and described herein,
do hereby certify that we have laid
off, plotted, and subdivided, and do
hereby lay off, plat, and subdivide
said real estate in accordance with
this plat.
Signed
CERTIFICATE OF PLANNING
COMMISSION APPROVAL
Pursuant to the West Memphis Land
Subdivision and Development Code, and
all of the conditions of approval having
been completed, this document is hereby
accepted. This Certificate is hereby
executed under the authority of said ° I
Rules and Regulations. ~ I
Signed
_ ~-~_ TYLER_
Date of Veterans of Foreign Wars _5 31 /06_ ___ _____
_ I
Execution Marion-West Memphis Post 5225 West Memphis
Date of
P
O
B
406 So. Avalon Approval Planning Commission .
.
.
West Memphis, AR 72301
ACCEPTANCE OF DEDICATION
CERTIFICATE OF ENGINEERING
This plat approved by the City Council I
ACCURACY of West Memphis, Arkansas, at a I
I, Dennis Sorrell here certif that
by y regular meeting held on the 15th day I
this plgt correctly represents a plan of June, 2006, at which a quorum
made by me, and that the engineering was present, and said City Council
requirements of the West Memphis Land at said meeting did accept the tj I
Subdivision and Development Code have dedication of all street rights-of-way W
been complied with. and easements.
I
Signed co I
Signed Z ~I '~
Q °° LC
5/31 /06 Attest: William H. Johnson, Mayor ~ ~ M
_
Date of r Name, Registered Q] ~ I 6.74
Execution Professional Q of
I
4106
Engineer No. __ b
_
Arkansas Phillip Para, City Clerk ~ z
CERTIFICATE OF IMPROVEMENT PLANS, ~ I I
CERTIFICATE OF SURVEYING EASEMENTS, AND RIGHT-OF-WAY c~ I
ACCURACY This plat has been approved by the City
I, Dennis Sorrell hereby certify that and Utility Commission for all appropriate
ACCE~
this plat correctly represents a easements, rights-of-way, and ~
boundary survey made by me and improvement plans.
4'
markers shown hereon
bounda
ry
actually exist and their location, West Memphis Utility Department
~
-
type and material are correctly _.__
_ "'-
shown. By: _.~~_~~~__~~ 10' U.E.
Signed Date of Approval: ___~___
5/31/06
_ ~__ __ City of West Memphis I LOT 4
SOUTH AVALC
Date of Name, Registered SUBDIVISION
Execution Land Surveyor _
By: __________~__~_
No. ,$4Z,
Arkansas Date of Approval: _~___~
Legal Description
Commencing at the point of intersection of the centerline of Tyler Street and the centerline of South Avalon; thence South
675.0 feet along the centerline of South Avalon Street to the point of beginning; said point being the Northwest corner of the
V,E. W. Post 5225 Tract as reflected by Deed of Record in Book 453, Page 345, in the office of the Circuit Court Clerk &
Ex-Officio Recorder of Crittenden County, Arkansas, thence S89°58'40"E a distance of 791.09 feet, thence S00°02'00"E a
distance of 644.67 feet, thence S89°08'20"W a distance of 791.04 feet to the centerline of So. Avalon Street, thence
N00°02'41"W a distance of 656.86 feet to the point of beginning, subject to a 30 foot road easement for South Avalon Street and
lying in the Northeast Quarter (NE'/a) of Section 13, Township Six (6) North, Range Eight (8) East, Crittenden County,
Arkansas.
Request For Budget Change city of west Memphis
EPARTMENT ~ DATE EQUESTED BY: F. Martin
ACCOUNT ACCOUNT NO. DEBITS CREDITS AMOUN
FIRE -General 6/6/2006
Fund Fire Truck 142-904-00 X $ 212,675.00
100-201-00 X $ 212,675.00
A & P Transfer to General Fund 712-558-00 X $ 97,000.00
General Fund Transfer from Adv & P. Fund 100-377-00 ~ X $ 97,000.00
EASONFOR
EQUEST:
OW WOULD EXPENDITURE BE FUNDED?
APPROVED : /'~
IRMAN -BUDGET( COMM.
DATE .-Q
MAYOR
DATE
DISAPPROVED:
CHAIRMAN -BUDGET COMM. DATE MAYOR DATE
EMARKS: