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09/02/2010MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 2, 2010 The regular meeting of the West Memphis City Council was held on Thursday, September 2, 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 order at 1:30 p.m. Invocation was given by Father Allan McCaslin of Holy Cross Episcopal 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, ~Ilis Mondy, James Holt, Taz Tyrone, Phillip Carter, Lorraine Robinson, Tracy Catt, Ramona Taylor, Herman Coleman and Marco McClendon Absent: Councilor James Pulliaum. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS Bids for Community Development -Demolition Bids were opened at 1:00 p.m. and bid tally sheets were given to the City Council. Councilor Tyrone made a motion, seconded by Councilor Mondy to accept the bids and refer them to Community Development for final disposition. Upon voice vote, the voting was unanimous. (Copy attached) MINUTES Councilor Catt moved, seconded by Councilor Taylor to dispense with the reading of the City Council Minutes of August 19, 2010 and approve as presented. Upon voice vote the voting was unanimous. OLD BUSINESS Councilor Robinson moved, seconded by Councilor Taylor to suspend the rules and read the titles only of O-1 and R-3. Upon voice vote, the voting was unanimous. O-1 Be it enacted by the City Council of the City of West Memphis, Arkansas, an Ordinance to be entitled, "An Ordinance providing for the establishments of Flood Damage Prevention Program for the City of West Memphis, Arkansas, and for other purposes (tabled June 24, 2010) City Attorney Peeples read the title of O-1. Mayor Johnson explained this Ordinance was tabled after FEMA granted an extension of 90 days to adopt the updated National Flood Insurance Program. Since that extension Mayor Johnson said he received a letter from FEMA stating they have extended the deadline to perform a final review of the agency's notice procedures related to the issuance of the Letter of Final Determination. They are to notify Crittenden County officials, in writing, of the new date on which the FIS and FIRM will become effective. We will have 6 months from the date of that letter to submit legally enforceable floodplain management ordinances. Councilor Taylor made a motion, seconded by Councilor McClendon to table the Ordinance indefinitely until we hear from FEMA. Upon voice vote, the voting was unanimous. R-3 A Resolution certifying the condemnation and removal of houses, buildings, and/or residential structures constituting a nuisance within the City of West Memphis. City Attorney Peeples read the Resolution. Councilor Catt moved, seconded by Councilor Taylor to approve the Resolution. Councilor Coleman asked the council to remove a house at 626 S. 16th from the list of condemned houses to allow the property owner time to tear the house down themselves or qualify for federal funds for demolition by paying back taxes on the property. Mayor Johnson explained this Resolution will only allow bids to be taken on the demolition, and any awarding of the bids would have to come back to the City Council for their approval. Roll call vote was taken as follows: AYES: Holt Tyrone, Robinson, Catt, Taylor and McClendon NAYS: Mondy, Carter and Coleman The motion PASSED. The Resolution was approved and assigned No. 1971. After the vote, Councilor Catt asked when federal funds would be available. Paul Luker, Director of Community Development explained funds are available now. Federal funds can be used if the property owner signs a release and there is a clear title to the property. He said a release form is sent to all property owners when the notice of demolition is sent. Mayor Johnson said for the record this house has been abandoned for seven years. NEW BUSINESS Councilor Robinson made a motion, seconded by Councilor Tyrone, to suspend the rules and read R-1, O-1 and O-2 by title only. Upon voice vote, the voting was unanimous. R-1 A Resolution to amend the City of West Memphis Comprehensive Plan from Mobile Home, to Single Family Residential, for certain property located at 1214-1216 Winchell Street and 1226-1228 Cox Street, in the City of West Memphis. City Attorney Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor Mondy to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1972. O-1 An Ordinance to rezone from R-3, Mobile Home District, to R-2 Low Density Residential District certain property located within the City of West Memphis, Crittenden County, Arkansas, located at approximately 1214-1216 Winchell Street and 1226-1228 Cox Street. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Taylor moved, seconded by Councilor Catt to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Tyrone made a motion, seconded by Councilor Taylor to further suspend the rules and place the Ordinance on the third and final reading. Councilor McClendon asked if sidewalks would be required. Paul Luker explained that whoever gets the building permit, will be required to build the sidewalks, however, in the past when there were open ditches like there are in this area, the City Councilor has given waivers on sidewalks. He said the Ordinance requires sidewalks be built unless the City Councilor grants a waiver. Discussion was held about waivers for areas with open ditches and closing the ditches so there could be sidewalks would require having to reconstruct the streets and install storm drains and pipes which would be very costly. Roll call vote was as follows: AYES: Tyrone, Carter, Catt, and Taylor NAYS: Mondy, Holt, Robinson, and McClendon Councilor Coleman "Passed" from voting. The motion FAILED. The Ordinance will be placed on the third and final reading at the next meeting. O-2 An Ordinance requiring all building trade contractors or builders performing work in the City of West Memphis, Arkansas, to furnish a Surety Bond in the amount of twenty thousand dollars, ($20,000.00) City Attorney Peeples read the Ordinance for the FIRST time. PERMISSION REQUESTS Councilor Taylor made a motion, seconded by Councilor Carter to approve the Planning Commission Recommendations as presented. Upon voice vote, the voting was unanimous. (Copy attached) Councilor Taylor made a motion, seconded by Councilor Catt to approve the charity day funds distribution from Councilor Marco McClendon as follows: $333.04 to LITC. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Utility Commission -Councilor Tyrone reported the Commission approved the funding of 30 AR15 rifles and research the use of .50 caliber weapons for the Police Department, which will cost $35,000.00. Commissioners approved the hiring of Fisher & Arnold for the Gateway Substation Rehab on Mound City Road. They also approved the bad debt charge-off list and approved to change the September 9~h meeting time to 11:00 am so that a joint meeting could be held with the City Council afterwards at 11:30 am. Fire Commission - Councilor Catt reported $15,000 of grant funding was received to buy rescue equipment to replace the existing Rescue Air Bag System. A grant has been submitted to the AR Fire Prevention Commission to purchase 500 smoke detectors for distribution in the community to the elderly and disabled. Councilor Catt suggested using CDBG funds to hardwire them into the home during distribution. WMFD is evaluating a different brand of air packs and will submit a grant to replace the existing 8 year old air packs. Advertising will begin next week for the annual ~hysical agility exam on October 30~h to develop a pool of eligible applicants. EMS collections as of August 4t were $276,930.13. The grant the city requested for the R U OK Program was not approved. Police Commission -Councilor Robinson reported the Commission recommended the pawn shop ordinance waiting period be amended from 7 days to 30 days and will submit an ordinance for the next City Council meeting. They also discussed window tinting and Councilor Robinson announced that if your car's tinting is too dark you might be pulled over. Handicapped parking was also discussed. Airport Commission -Councilor Robinson reported the survey work is almost completed for the design phase of Taxiway A rehabilitation. The geotechnical work is scheduled for September 13-19 in the evenings, as the pavement coring will require runway closure. The weekend of September 10-12 you can be a passenger on the 1929 Ford Tri-Motor airplane. Having no further business to come before the City Council, Councilor Catt moved, seconded by Councilor Tyrone to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:45 p.m. PASSED and APPROVED this ~_ day of September, 2010. WILLIAM H. JOHNSON, MAYOR ATTEST: --`._ PHILLI A, CITY CLERK Minutes prepared by Cindy Greenwood, Senior Deputy City Clerk