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07/15/2010MINUTES WEST MEMPHIS CITY COUNCIL July 15, 2010 The regular meeting of the West Memphis City Counal was held on Thursday, July 15, 2010, at 1:30 p.m. in the City Council Chambers at City Hall, 205 South Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to orcier at 1:30 p.m. Invocation was given by Phillip Carter. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors, Ramona Taylor, Herman Coleman, Marco McClendon, Willis Mondy, James Holt, Taz Tyrone, Phillip Carter, Lorraine Robinson and Tracy Catt. Absent.• Councilor James Pulliaum. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilor Robinson moved, seconded by Councilor Tyrone to dispense with the reading of the minutes of July 1, 2010 and the Special Called Meeting July 6, 2010 and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS Councilor Catt made a motion to table the following ordinance indefinitely. 3`d Reading An Ordinance requiring all contractors, carpenters, workmen, repairmen, etc. who offer services for the construction, reconstruction, remodeling and roofing work in the City Of West Memphis, Arkansas, to meet certain criteria before being authorized to perform work in the City. Motion was seconded by Councilor Coleman. Upon voice vote, the voting was unanimous. NEW BUSINESS Councilor Robinson made a motion, seconded by Councilor Taylor, to read O-1 by title only. Upon voice vote, the voting was unanimous. O-1 An Ordinance granting a Special Use Permit for the property located at 3235 East Broadway, allowing a refrigerated trucking company in a C-2, Commercial District City Attorney Peeples read the Ordinance for the FIRST time. PERMISSION REQUESTS Councilor McClendon made a motion, seconded by Councilor Taylor to approve the Planning Commission recommendations as presented (copy attached). The motion carried by a unanimous vote. Councilor McClendon made a motion, seconded by Councilor Mondy to approve payment of $119,388.86 to APAC. Motion carried by a unanimous vote. COMMITTEE REPORTS Airport Commission -Councilor Robinson reported officers were elected: David Pike -Chairman, Steve Jones - Vice-Chairman, and Secretary -Marvin Steele. Airport Manager Lynda Avery announced that the 1929 Ford Tri- Motor aircraft from EAA AirVenture Museum will be at our airport September 9-12, 2010. This aircraft was designed by Henry Font. It was the first passenger aircraft operated in the US by Eastern Air Transport, and has been completely restored. Rides can be purchased in advance or at the door. The Airport Commission anticipates full funding for the design phase of TW "A" Rehabilitation. Utility Commission -Councilor Tyrone reported commissioners accepted bids on a 2500 KVA 3 Phase Padmount Transformer and a SCATA Water System Upgrade. Public Works Committee -Councilor Taylor reported commissioners heard a report from the City Engineer on the Glenn Bailey Drive Project and an early completion date is anticipated. They also heard reports from the Street Supt. and the Sanitation Supt. No action was taken. fire Commission -Councilor Catt reported they were fortunate to be able to hire back an employee that has been serving our country in Iraq. He thanked Trip Cook, reporter from the Evening Times for the article he wrote regarding the new extrication equipment we purchased with a grant. Commissioners were informed that the armored trucks used in the flood were repaired for $4,400. They are continuously looking for grants that are available. EMS collections through July 14"' were $260,475.48. There were 3 house fires and 16 grass fires attributed to fireworks. Mayor Johnson said we purchased those armored trucks 2 years ago for $9.75 each; so it was a very good investment for the city. ANNOUNCEMENTS Mayor Johnson announced that Business after Hours is tonight at Southland Gaming & Racing from 5:00 until 7:00 pm in the Kennel Club. 2 Councilor Mondy announced the American Legion is sponsoring a Summer Fest August 4-8 at the American Legion Hall and some of the funds raised will go for school supplies. Coundlor Coleman encouraged everyone to attend the Summer Festival and said the last one their held was a very nice event. He praised his neighbors for supervising the children shooting fireworks on the 4t of July and for cleaning up afterwards. He said Shicarra Stokes purchased property in 2006 and there was a grass cutting lien placed on the property in 2005 that is just now showing up on her taxes. He asked City Attomey Peeples to explain the grass cutting lien process. City Attomey Peeples explained the dty goes by the procedures established by state law. After the dty goes through the legal process for establishing a grass cutting lien, the liens are then forwarded to the Tax Collectors Office. He said a few times in the past, there have been delays by the city for some reason during the dty's process of establishing a lien on a piece of property. On those instances, when that piece of property changed hands before the lien was actually filed with the Tax Collector, the city has repealed the lien. He explained the reason so many people are coming forward now is because in years past when liens were filed at the county, the County Tax Collector was keeping the liens in a separate book or in a box, and sometimes the liens were missed when the property was being researched. Just recently, we have found that the Tax Collector has started putting the liens on the tax bills, so some of these from years past are showing up on last year's tax bills. Now it is creating a problem for some property owners because they are just now finding out that there is a lien from several years ago. He said that nothing improper was done by the City of West Memphis, if the city filed the lien in the time period as established by state law, the lien should stand. The liens showing up now might have been because of the lag in the time period in the County Tax Collectors Office, or the title company that performed the title search did not catch it at the time the property changed hands. He said if that is the case, the property owner could file a daim with the title company. Having no further business to come before the City Council, Councilor Coleman moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:05 p.m. PASSED and APPROVED this ~_ day of August, 2010. ~ `.r~_ WILLIAM H. JOHNS ,MAYOR ATTEST: PHILLIP ,CITY CLERK Minutes prepared by Cindy Greenwood, Senior Deputy City Clerk 5 i' t i~ .~ ,y- ; •q w5, CITY OF NEST MEvIPHIS West Memphis, Aek®ws 72301 Planning and Development Ph#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: July 9, 2010 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, June 30, 2010, to the Mayor and City Council, on Thursday, July 15, 2010. I. Special Use Permit Application, Case #SUP-03-10 -The Planning Commission recommended approval of the Special Use Permit request, to allow a refrigerated trucking company, in a C-2, Commercial District. This case was presented by the property owner Mr. Don Byrd, represented by the applicant, Sonya Morton with Nextrans, LLC, for the property located at 3235 E. Broadway. The Commission recommended approval, subject to the following criteria: Ordinance Preparedl 1. Work with staff on additional landscape; 2. Remove existing free-standing sign.