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May 3, 2007MINUTES WEST MEMPHIS CITY COUNCIL MAY 3, 2007 A regular meeting of the West Memphis City Council was held on Thursday, May 3, 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 order at 1:32 p.m. Invocation was given by Reverend Kelly Craft of First United Methodist Church in West Memphis. Phillip Para, City Clerk, called the roll. Those present were: Mayor wlliam H. Johnson, City Attomey David Peeples, City Treasurer Frank Martin, Councilors, Mamo McClendon, Helen Hams, James Holt, Phillip Carter, Lorraine Robinson, Clarence Davis, James Pulliaum, Ramona Taylor, and Herman Coleman. Absent: Alderman Chester Peeples. Quorum being present, Mayor Johnson proceeded with the meeting. A presentation was made by Rob Rash, CEO/Chief Engineer of the St. Francis Levee District regarding FEMA's new regulations concerning levees. He encouraged everyone to contact their legislators expressing their great concern with a new zone designation known as Zone X which will be all the areas outside the 100 year flood zone protected by levees. A warning will be placed on the new Flood Insurance Maps that wilt state that within this area, communities should issue evacuation plans and encourage property owners to purchase flood insurance. He said the unwarranted new Zone X on Flood Insurance Maps will have a dramatic and costly burden on all residents, businesses and industries along the Lower Mississippi River and its Tributaries and this economic disaster will be felt all over the nation. He also said the language proposed will frighten the lenders and companies looking for industrial sites as well as causing millions of dollars to be spent for unnecessary flood insurance premiums. Councilor Taylor moved, seconded by Pulliaum to go on record as opposing this directive from FEMA. Mayor Johnson said he would write a letter on behalf of the City of West Memphis. MINUTEB A motion was made by Pulliaum and seconded by Taylor to dispense with the reading of the minutes of April 19, 2007 and approve as submitted. Upon voice vote, the voting was unanimous. OLD BU81NE88 NEW BU81NE88 R-1 A Resolution of the City Council of the City of West Memphis, Arkansas, approving the Statement of Community Development objectives and projected use of funds for the B-2007-MC- 05-0009 Entitlement Program, making certain required cert~cations to the U.S. Department of Housing and Urban Development and authorizing the Mayor to submit the program materials to the U.S. Department of Housing and Urban Development and authorizing the Mayor to submit the program materials to the U.S. Department of Housing and Urban Development A motion was made by Pulliaum and a second by Taylor, to suspend the rules and the Resolution be read by title only. The motion carried by unanimous vote. City Attomey Peeples read the Resolution. Taylor moved, seconded by Pulliaum to approve the Resolution. Alderman Coleman said he "Like I said in the work session I'm still strongly opposed to Code Enforcement being paid out of CDBG money. It appears to be $150,000 for demolition but actually it's not. It's $100,000 because $50,000 would go to Code Enforcement so I'm asking to delete the portion that pays Code Enforcement. "Discussion continued regarding whether a police officer/code enforcement officer should be paid using CDBG funds or the Police Department budget. Roll call vote was as follows: AYES: Harris and Coleman NOES: Holt, Carter, Robinson, Davis, Pulliaum, and Taylor Alderman McClendon voted as "present". The motion to amend FAILED. Roll call vote to approve the Resolution: AYES: Hams, Holt, Carter, Robinson, Davis, Pulliaum, and Taylor NOES: Coleman Alderman McClendon voted as "present". The Resolution was approved and assigned No. 1873 O-1 An Ordinance prohibiting obstructions in the public roads of the City of West Memphis and providing for the enforcement thereof A motion was made by Pulliaum and a second by Robinson to suspend the rules and the Ordinance be read by title only. The motion carried by unanimous vote. City Attomey Peeples read the Ordinance for the FIRST time. O-2 An Ordinance waiving competitive bidding for the repairs of Layne Pump Number 88367 and for other purposes. Alderman Pulliaum moved, seconded by Alderman Taylor to table the orclinance indefinitely. Upon voice vote, the voting was unanimous. O-3 An Ordinance waiving competitive bidding for the repairs of Layne Pump Number 88367 declaring an emergency and for other purposes. City Attomey Peeples read the Ordinance for the FIRST time. Pulliaum moved, second by Robinson to suspend the rules and the Ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. Pulliaum moved, second by Robinson to further suspend the rules and the Ordinance be placed on its thins reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the THIRD AND FINAL time. Pulliaum moved, seconded by Holt to approve the ordinance. Upon voice vote, the voting was unanimous. Robinson moved, seconded by Pulliaum to adopt the Emergency Clause, Section 2. Upon voice vote, the voting was unanimous. The Ordinance and its emergency clause was adopted and assigned No. 2160. PERMISSION REQUE8T8 A motion was made by Hams, seconded by Taylor to approve the Planning Commission Recommendations as presented. Motion carried by unanimous vote. (Copy attached) COMMITTEE REPORTS Holt reported the Budget Committee met and the budget is in good shape. Councilman Pulliaum said he also feels strongly that codes should be enforced every day by a certified officer and that the City Council needs to put the money in the Police budget next year for a Code Enforcement Officer. CITIZENS REQUE8T McClendon moved, seconded by Coleman to allow Pat Bates to speak to the council. Upon voice vote, the voting was unanimous. Ms. Bates said she was representing Deal with It Management and Entertainment Company. She said they had previously been to a Park Commission Meeting and gotten approval to pertorm at 14"' Street Park on May 19"' from 3:00 until 8:30 but wanted to have the approval of the City Council also. Although Deal with It is a rap group, she said there will be no profanity, no alcohol and security will be provided. There was no objection from the council. ANNOUNCEMENT8 Pulliam reminded everyone the next community meeting will be at 6:00 Monday May 7th at City Hall. He also announced you can take advantage of a free ride to Memphis during Memphis in May by parking your vehicle at the Park 8 Ride Park on the Service Road and take the MATA bus free, to and from Memphis. Coleman recognized Sr. Deputy City Clerk Cindy Greenwood for being accepted into the Second Level Membership of the International Institute of Municipal Clerks Master Municipal Clerk Academy. He said there was an article and picture in this month's City 8~ Town Magazine. Holt congratulated the Senior High Softball and Baseball teams for going to the state championship. Carter announced this year the Crittenden County Relay for Life Fight against Cancer will be held in West Memphis and encouraged everyone to get involved in such a good cause. He recognized Mayor Johnson, Councilman Davis and Councilman Holt as cancer survivors. Having no further business to come before the council, Pulliaum moved, seconded by Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:25 p.m. PASSED and APPROVED this _~ day of May, 2007. WILLIAM H. JOHN N, MAYOR ATTEST: P ,CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy Clty Clerk f ~CBT M~ y ~ r ~• •tRHw MS'4 CI'T~Y Off' ~~T M~MPKI~ PLANNING AND DEVELOPMENT 205 S. Redding • P.O. Box 1728 • West Memphis, Arkanxas 72303 • (870) 732-7520 • Fax (870) 732-7fi50 MEMO ,,. TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: April 27; 2007 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, April 25, 2007, to the Mayor and City Council, on Thursday, May 3, 2007. I. The City of West Memphis Planning Commission recommended to approve Rainer Village Subdivision, Application Case# SD-02-07. This property is located just off Rainer Road and backs up to the Arrlington Estates Subdivision. This site contains approximately 25.02 acres and is Zoned R-4, Residential. The property owner is proposing to construct houses similar the existing houses in the Arrlington Estates Subdivision. Approval is 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 the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of improvements, as required by the City Engineer; 5. Form subdivision association, or draft subdivision convents, in regards to maintaining the water detention area and green spaces. An Equal Opportunity Employer Planning Commission Recommendation April 27, 2007 Page two II. The City of West Memphis Planning Commission recommended to approve Replat -West Memphis School District Property, Subdivision, Application Case# SD-04-07. This property is located at the comer of Rich Road and West Broadway. The purpose of this replat is to dedicate 30 feet of street right-of--way and 15 feet of drainage and utility easement on the west side of Rich Road. A royal is sub'ect to the followin criteria: `` PP J g 1. 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. J