March 21, 2002MINUTES
WEST MEMPHIS CITY COUNCIL
March 21, 2002
A regular meeting of the West Memphis City Council was held on March 21, 2002 at 1:30 p.m.
in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor
William H. Johnson presided.
Mayor Johnson called the meeting to order at 1:35 p.m. Reverend Herman Coleman offered
prayer.
Mayor Johnson introduced Sidney Runnels, Economic Development Director who announced
that today West Memphis was celebrating its 75th birthday. March 21, 1927 West Memphis was
incorporated and he said that today would begin the celebration and various events will continue
throughout the rest of the year . Mr. Runnels asked everyone to stand and recite the Pledge of
Allegiance. Mayor Johnson read and presented a Proclamation to the City of West Memphis
recognizing their 75th birthday. The West Memphis High School Band played prior to the council
meeting and the West Memphis Southern Exposure group sang. Mr. Runnels invited everyone
to stay and have cake and punch in the lobby of city hall. Mayor Johnson recognized the many
achievements of the West Memphis High School Band and Southern Exposure group.
Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City
Attorney David Peeples, City Treasurer Frank Martin Councilors: Dr. C. W. Peeples, A/ Felton,
Hubert Bass, Herman Coleman, James Holt, Harold Thomas, James Pulliaum, Lorraine
Robinson, and Tracy Catt. Councilor Gheric Bruce was absent. Mayor Johnson declared a
quorum present and proceeded with the agenda.
CITIZENS REQUESTS
Bill Ayers -Attorney located at 231 E. Broadway present representing Infinity Intermodal, Inc. on
an appeal from the Design Review Commission. Mr. Ayers stated his client purchased the old
Builder's Transport property on Airport Road to put in a container and storage facility. Prior to
purchasing the property, they were advised by Planning & Development the property was
properly zoned for the use they intended. A plat was prepared by Sorrell Engineering and
submitted to the Planning Commission and was approved. They were then referred to the
Design Review Commission on March 5th and were denied approval of the plat. Mr. Ayers said
that at the meeting on March 5th Mr. Luker and Eddie Brawley, City Engineer advised that the
surface matters the DRC were concerned about were under the jurisdiction of the Planning
Commission. In an effort to cooperate they addressed some of the surface issues and agreed to
stack containers no higher than 3' high. The DRC denied approval of the plat and stated they
were here today to appeal this decision. Frank Martin, Chairman of the DRC spoke and quoted
sections of ordinance 1290 which established the DRC to develop specific review procedures for
all non single family residential detached construction or development in associated accessory
structures having an influence upon the appearance and the environment of this community and
to apply such procedures in either approving or disapproving proposals. Questions were asked
to Mr. Luker and City Attorney Peeples regarding this matter and whether it should have even be
referred to the DRC. Councilor Catt moved, seconded by Holt that the site plan be approved as
submitted. Roll call vote, was as follows:
AYES: Felton, Holt, Thomas, Pulliaum, Robinson, Catt
NAYS: Bass and Coleman
Councilor Peeples abstained from the vote. The motion carried.
Councilor Thomas requested a change be made in the zoning regulations to require s special
use permit be specified for this type of container yard.
Sandra Heburn - 410 N. 9th Street addressed the human and civil rights commission and
referred to a matter where she was a victim of a crime and arrested and refused bond for three
days. She also reported she had a problem with our city attorney but was here today to appeal
for the human and civil right ordinance.
MINUTES
Councilor Peeples moved, seconded by Councilor Robinson to dispense with the reading of the
minutes of March 7, 2002 and approve as submitted. Upon voice vote, the voting was
unanimous.
OLD BUSINESS
3rd reading of an Ordinance attaching and incorporating certain described annexed territory to
Ward 5 of the City of West Memphis and for other purposes.
Councilor Catt moved, seconded by Councilor Holt to table until the next meeting so that this
matter can go before the Planning Commission. Upon voice vote, the voting was unanimous.
NEW BUSINESS
Councilor Peeples moved, seconded by Catt to suspend the rules and the titles only be read of
R-1 and O-1. Upon voice vote the voting was unanimous. The motion carried.
R-7 A Resolution expressing the willingness of the City of West Memphis to utilize federal aid
enhancement monies
City Attorney Peeples read the Resolution. Councilor Catt moved, seconded by Peeples to
approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and
assigned No. 1737.
O-1 An Ordinance establishing a Municipal Civil and Human Rights Commission to
investigate and appraise all conditions and practices of human and civil rights and of personal
dignity standards within the city's public municipal agencies and to review, inspect and
investigate all forms of invidious discrimination, whether carried out legally or illegally, by public
municipal agencies and public municipal employees.
City Attorney Peeples read the ordinance for the FIRST time.
Mayor Johnson vetoed ordinance 2022 and stated the veto and reasons for the veto were
included in the packets. Mayor Johnson laid before the council the right to override the veto.
There was no motion to override. However, Councilor Bass stated he felt Mayor Johnson's
reason was vague and that he was abusing his power and was unethical and malicious.
PERMISSION REQUESTS
Catt moved, seconded by Robinson to give permission to pay OMI $54,659.16 for the month of
April. Upon voice vote, the voting was unanimous. ~ „
Peeples moved, seconded by Holt to approve payment of $67,416.00 to Trac-Work, Inca for
railroad spur reconstruction project. Upon voice vote, the voting was unanimous.
Catt moved, seconded by Thomas to give permission to distribute Councilor Felton's portion of
the dog track funds as follows: $1,283.80 to Wonder City Boys Club and $500.00 to Boy Scouts.
Upon voice vote, the voting was unanimous.
COMMITTEE REPORTS
Councilor Robinson reported on a few brief highlights of the Airport Commission meeting: they
obtained a 50/50 grant from the Arkansas Dept. of Aeronautics for $34157.50 to re-roof hanger
#3 and drainage improvements and approved a 20-year capital improvement plan. She also
reported for the Fire Commission that Chief Fred Morris applied for Federal Emergency Aid
Assistance to Firefighter Grant Program and West Memphis was one of the benefactors and
were able to purchase protective gear.
Councilor Holt reported Public Works Committee met and discussed letting bids for a chipper
which should help with the land fill price increase and also discussed possibly purchasing a
vacuum for leaves. He commended the workers for their continuous work over the week-end
when we received the heavy rains.
Councilor Catt reported the Budget Committee met and discussed the privilege license
ordinance which was tabled until April 4th council meeting and reported they will be reviewing
that again one week from today. They also discussed issues with the fire department needed
budget amendments, and concerns with the increase in landfill costs. Insurance Committee to
meet between the 15th and 21st of April.
Councilor Peeples reported the Personnel Committee met and decided not to recommend the
city pay for any portion of the fitness center costs and no payroll deductions be allowed for this at
this time. They also discussed President's Day be declared a holiday for city employees and
possibly substituting Veterans Day. They also discussed the sick-day bonus and felt like with the
liberal sick leave policy it was subject to some abuse and that $14,000 to 15,000 is now being
paid out every four-month period. Employees of one department suggested the city council
meet one meeting a month at night so city employees would be able to attend. Peeples read a
request by city employees brought to them about the controversy centered around racial issues
and they felt the majority of city employees did not have a racial division among themselves as
co-workers and felt race should not become a political platform for election.
Councilor Coleman spoke regarding the flood issue. He said we had several areas that flooded
including the Foxwood area, off of Walker and Bettis Street and he felt we need to do something
to alleviate our drainage problem.
Councilor Pulliaum stated he felt they needed to sit down and discuss the drainage problem and
where we will get the funding to clean out our ditches. Mayor Johnson stated Eddie Brawley,
City Engineer is working on a plan and will call a work session to discuss the funding.
ANNOUNCEMENTS
Councilor Bass made comments on the report from the Personnel Committee regarding racial
issues and he said he has talked to city employees that feel there are racial problems. He also
said the police department was to write a policy on ticket writing and a racial profile and they
have not done it yet. Mayor Johnson stated the policies were written and are in force.
Councilor Catt moved, seconded by Councilor Peeples to change the regular scheduled City
Council meeting June 20th to June 27th due to the Arkansas Municipal League annual
convention will be during that time and to change the July 4th City Council meeting to July 11th
due to the 4th being a holiday. Upon voice vote, the voting was unanimous.
Having no further business to come before the City Council, Councilor Catt moved, seconded by
Councilor Peeples to adjourn. Upon voice vote, the voting was unanimous. The meeting
adjourned at 3:00 p.m.
PASSED and APPROVED this -day of April, 2002.
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WILLIAM H. JOHNSON, M OR
ATTEST:
PHILLIP A N CLERK
Minutes prepared by:
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Cindy Green ood, Sr. Deputy Clerk