Loading...
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 ~U7 Mt,. l~ ' `t ~~, : l \. ~~~ ~~t~rs- 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: