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February 15, 2007MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 15, 2007 A regular meeting of the West Memphis City Council was held on Thursday, February 15, 2007 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 osier at 1:32 p.m. Invocation was given by City Counalman Phillip Carter. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attomey David Peeples, City Treasurer Frank Martin, and Councilors -Lorraine Robinson, Clarence Davis, James Pulliaum, Ramona Taylor, Heenan Coleman, Marro McClendon, Helen Hams, James Holt, Chester Peeples and Phillip Carter. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTEg Peeples moved, seconded by Carter to dispense with the reading of the minutes of February 1, 2007 and approve as presented. The motion carried by unanimous vote. OLD BUSINESS 2'b Reading An Ordinance to amend Section 7 of Ordinance Number 1288, providing for the preparation of garbage for collection. City Attomey Peeples read the Ordinance for the SECOND time. 2nd Reading An Ordinance to authorize Aldermen and members of the City Council to purchase services from James Pulliaum as a private server, and for other purposes. City Attomey Peeples read the Ordinance for the SECOND time. Mayor Johnson stated that he had not received any opposition to this ordinance and asked if the council wished to read it the third time. McClendon moved, seconded by Davis to suspend the rules and the Ordinance be placed on its thins and final reading. The motion carried unanimously with the exception of Alderman Pulliaum abstained from the vote. Davis moved, seconded by McClendon to approve the Ordinance. The motion carried unanimously with the exception of Alderman Pulliaum abstained from the vote. The Ordinance was assigned No. 2153. NEW BUSINESS Pulliaum moved, seconded by Taylor, to suspend the rules and Ordinance O-1 is read by title only. The motion carried unanimously. O-1 An Ordinance granting a Special Use Permit for the property located at 2509 East Broadway, to allow inside storage in a C-2, Commercial Dist-ict. City Attomey Peeples read the Ordinance for the FIRST time. Pursuant to A.CA 14-43-504, Mayor Johnson exerased his authority as Mayor to veto the cityy council's action of January 31'x, 2007 to amend the 2007 budget by taking $10,000 from account #503 (maintenance of flower beds) and adding $10,000 to account #502 (City Council travel budget). Mayor Johnson stated the City Council has the right to over-ride the veto and placed the veto on the agenda for their consideration. Discussion was held. Pulliaum said in defense of asking for $10,000 for travel, in the Mayor's statement he said that in his judgment, the budget amendment was contrary to the public interest and that he reasons he listed, like repairs to City Hall, were never asked for during the budget sessions. He also stated that if West Memphis is going to progress, it was important to travel and get ideas from other sties. Coleman stated he agreed with Pulliaum and said progress never comes free. He said they voted for the travel money because the knowledge gained from going somewhere else to see what other people are doing was important. Mayor Johnson asked if there was a motion to over-ride the veto. Being none, the matter died for lack of a motion. PERMISSION REQUE8T8 McClendon made a motion, seconded by Carter, to approve the Planning Commission recommendations as presented. The motion was approved by unanimous vote. (Copy attached) Pulliaum made a motion, seconded by Taylor, to divide the distribution of Southland Park Gaming ~ Racing funds in the amount of $131,075.69 to be used for youth organizations four ways between LR Jackson Girls Club, JW Rich Giris Club, Wonder Boys Club, and West Memphis Boys Club but their checks are not to be released until their finanaal reports are received. Motion passed by unanimous vote. Taylor moved, seconded by Harris, to divide the charity funds from Southland Park Gaming Greyhound in the amount of $18,978.45 to be divided (11) ways between the mayor and sty council ($1,725.31 each). Motion carried unanimously. City Attomey Peeples reminded that any recipient must be a tax exempt agency with a 501 C3 tax code and the charity of their choice and the amount to be distributed is to come back before the council for approval. McClendon moved, seconded by Pulliaum to distribute the Disaster Relief Funds from Southland Park Gaming and Raring in the amount of $14,072.04 to be divided $10,000 to the Good Neighbor/Love Center and $4,072.04 to the Delta Neighbofiood Action Center. The motion carried by unanimous vote. Pulliaum made a motion, seconded by Coleman to approve the destruction of 2001 financal recorcis requested by Frank Martin, with Alderman Carter to witness the destruction. Motion carried unanimously. COMMITTEE REPORT8 Robinson reported on the Airport Commission meeting. The taxi-way widening is nearing completion, they reviewed the capital improvement plan for 2008 - 2012, and they are working with Ronnie Rogers, with Homeland Security to upgrade the airport surveillance. Davis reported on the Utility Commission meeting. Judge Rainey swore in the new utility commissioners, they denied an insurance claim from Nationwide, hired Sorrell Engineering for the pump station #8 project, and approved a recommendation from Ron Johnson, Office Manager, to move the disconnect time for services from 5 days to 7 days. They also changed the meeting time from 8:30 am to 8:00 am. Coleman reported on the Fire Commission meeting. Station 4 repairs were discussed, the new ambulance is in and certain things are being done to it before it is put into service, and they also discussed the abuse of sick leave. Davis reported the Personnel Committee met and they also discussed the sick leave abuse of dty employees. The incentive of giving dty employees one days pay if they do not use 8 hours of sick leave in a quarter is not helping the abuse problem. Improving the non uniform pension was also was discussed. Pulliaum asked Mayor Johnson to re-establish a committee to look into the possibility of having a dty swimming pool. Mayor Johnson is to appoint a committee next week consisting of one councl member from each ward to look into this. Coleman asked that the Public Works Committee meet immediately following the dty councl meeting to establish a meeting day and time. CITIZENS REQUESTS June Johnson - 533 E. McAuley Drive, said that on November 10th she was walking for exerdse and she stepped into a drainage hole that was covered with leaves at the comer of McAuley and Twist and broke her foot. She asked that the City pay her medical bills of $658.20 and lost wages that she had the possibility of earning from a temporary agency estimated at $2080.00 for a total claim of $2738.00. City Attorney Peeples said the city was covered under tort immunity and for that reason it would not be appropriate to pay. Alderwoman Robinson said she would have to have documentation before she could consider a claim. Maggie Hall -2208 Jackson, on behalf of the late Reverend Ernest Coleman and his fight for many causes, she would like to see S. 18"' Street from Jackson Street south, named Coleman Street. Mayor Johnson said there were 36 homes affected on that street and he would recommend this be referred to the Public Works Committee to check into what procedures you have to go through. Taylor moved, seconded by McClendon to refer this matter to the Public Works Committee to check into the proper procedures for renaming a street and to have a recommendation for the City Council in one month. Motion carried by unanimous vote. Alderwoman Robinson stated there were so many other trailblazers that were worthy as well and she wouldn't want to cause friction in the community. Alderwoman Harris stated she does not believe anyone could top the record of Reverend Coleman. Brenda Harris - Director of the Good Neighbor/Love Center -present to introduce herself as the new Director and thanked the Mayor and Coundl for their support in the past. She also wanted to let everyone know they were up and running again, aRhough there is limited funding available. She said she would apprecate their continued support in assisting the less fortunate. She reported they are still located at 780 N. Airport Rd. on the south end of the building. Alderman McClendon stated he had the opportunity this month during Black History month to visit fifth graders on the east end of town and said he would like to see that they have the opportunity to visit a City Coundl meeting to meet their City leaders and team about City Government. Mayor Johnson said he would be glad to have them. Alderman Pulliaum asked if the various meeting schedules could be aired on the local channel a day or two ahead of time. Don Christian said he could do that. Mayor Johnson announced the Chamber of Commerce annual banquet was tonight at Southland at 7:00. Tuesday, Senator Lincoln will be at Mid South Community College addressing the workforce. Tuesday evening elected offidal were invited to attend a reception with our legislators in Little Rock. Alderwoman Robinson announced next Friday night is the annual Bladc History Awards Banquet at Southland and tickets are $25.00 each. Having no further business to come before the City Council, Pulliaum moved, seconded by Coleman to adjourn. PASSED and APPROVED this ~ day of March, 2007. WILLIAM H. JOHNSO ,MAYOR ATTEST: PHIL ARA, CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Cterk <,Nesr ~yt i~ *~'* ~S ~ ,. • ~• •,Rk~N9r6 CITY OF WEST MEMPHIcS PLANNING AND DEVELOPMENT 205 S. Redding • P.O. Box 1728 • Wes[ Memphis, Arkansas 72303 • (870) 732-7520 • Fax (870) 732-7650 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: February 2, 2007 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, January 31, 2007, to the Mayor and City Council, on Thursday, February 15, 2007. I. The City of West Memphis Planning Commission recommended to approve Special Use Permit. Application Case# SUP-Ol-07, for the property owner Mr. Willie Jackson, represented by Mr. James B. Boyd, for the property located at 2509 E. Broadway. This property is Zoned C-2, Commercial. The Planning Commission recommended approval of the Special Use Permit subject to the following criteria: 1. No equipment, vehicles, or materials stored outside the building; 2. Keep the lot cut and the structure maintained in good condition; 3. No business to be operated from the existing structure, until it meets all codes for Commercial use. II. The City of West Memphis Planning Commission recommended to approve Larry's Motel Subdivision Plat. Application Case# SD-Ol-07, for the property owner Mr. Babo Patel, for the property located at 4015 E. Broadway. This property is Zoned C-2 Commercial and is the location for the existing Larry's Motel. An Equal Opportunity Employer Planning Commission Recommendations February 2, 2007 Page two The Planning Commission recommended approval of the plat subject to the following criteria: 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the Department of Public Works; 3. Approval of grading and drainage improvements as require by the Department of Public Works; 4. Installation of improvements, as required by the City Engineer. 5. Add an addition 5' to the existing 40' street right-of--way, along Legion Road. 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