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November 15, 2012 Page 1 of 2 MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 15, 2012 A regular meeting of the West Memphis City Council was held on Thursday, November 15, 2012 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Alderman Herman Coleman. Mayor Johnson called the meeting to order at 1:30 p.m. LPhillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors, Marco McClendon, Willis Mondy, James Holt, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, and Herman Coleman. Those absent were: Phillip Carter and Taz Tyrone. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilman Taylor moved, seconded by Councilman Mondy to dispense with the reading of the minutes of November 1, 2012 City Council meeting, and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS None NEW BUSINESS Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to suspend the rules and read the title only of Resolution R-1 and Ordinance 0-2. Upon voice vote the voting was unanimous to approve. R-1 A RESOLUTION OF INTENT REGARDING AIRPORT IMPROVEMENTS City Attorney Peeples read the Resolution. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Resolution. Upon voice vote, the voting was unanimous to approve. The Resolution was adopted and assigned No. 2012 Mayor Johnson said that 0-1 on the agenda was a duplicate ordinance of 0-2 but without the emergency clause. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to table 0-1 indefinitely. Upon voice L vote, the voting was unanimous to approve. 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE RELOCATION OF A WATER LINE AT THE INTERSECTION OF 7TH STREET AND EAST BARTON AVENUE, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. Councilwoman Robinson made a motion, seconded by Councilwoman Taylor 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. Councilman Catt made a motion, seconded by Councilwoman Taylor to further suspend the rules and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD time. Councilman Catt made a motion, seconded by Councilwoman Taylor to approve the Ordinance. Mayor Johnson explained that the Arkansas Highway Department is widening 71h Street at Barton in order to install new traffic signals. They discovered a water line that the city did not know was there. The West Memphis Utility Department had to install a new water line which required boring under 7th Street to install a casing immediately. The project was a $47,000.00 job of which $30,000.00 of it was the boring under 7th Street. Upon voice vote, the voting was unanimous to approve the Ordinance. Councilman Catt made a motion, seconded by Councilwoman Taylor to approve the Emergency Clause, Section 3. Upon voice vote, the voting was unanimous. Ordinance and the Emergency Clause was adopted and assigned No. 2307. PERMISSION REQUESTS Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Planning Commission Recommendations as presented. Upon voice vote, the voting was unanimous to approve. (See attached) Councilman McClendon made a motion, seconded by Councilwoman Taylor to give permission for the Mayor to sign a Certificate of Public Convenience for the purpose of operating a limousine service to Keith Dory doing business as 19th Hole, LLC, 900 Brookdale, West Memphis, AR 72301. City Attorney Peeples stated that he has met all the requirements pursuant to Ordinance No 1339. Upon voice vote, the voting was unanimous to approve. COMMITTEE REPORTS Budget Committee—Councilman Catt reported the Budget Committee met and unanimously recommends the City Council approve a bonus to all full time City Employees, who have been with the city over one year, 3% of their salary with a $1,000 minimum. He said city employees have not had a raise or bonus in 4 years. They were able give one this year because of the additional revenues the city received from sales tax and the gaming tax from Southland Gaming & Racing. Alderman Catt made a motion to approve the bonus, seconded by Councilwoman Taylor. Councilman Coleman said this is a step forward and lets the employees know that they do care. Mayor Johnson said they were able to do this also because of Administration, Department Heads and City Page 2 of 2 Employees holding expenses down. Councilwoman Robinson said employees need to know that there will be taxes and social security taken out of the checks. Upon voice vote, the voting was unanimous to approve. Airport Commission—Councilwoman Robinson reported they met this morning. City Treasurer Frank Martin attended to discuss the proposed bonus. The Commissioners were all in support of the bonus for airport employees. Engineer Stacey Morris reported the design phase of the runway rehab project should be completed and bid by the end of January. Chairman David Pike appointed Mel Bearden and Sam Lehr to negotiate engineering fees for AIP#24 project. Park Commission -Lorenzo Parker, Director of Parks&Recreation first of all, thanked the City Council for approving the bonuses. He then reported on the meeting held November 13th. The Park Commission went over the 2013 budget. He said maintenance and machinery had to be increased due to the age of their equipment. Rentals were also up due to the rental of port-a-potties due to the restroom facilities damage at the tennis courts. Capital projects that are planned are new tennis courts and sidewalk repairs at Tilden Rogers Park. They also discussed applying for another grant for playground equipment at two more parks. They discussed only repairing 6 tennis courts instead of 12 and building more softball pavilions. They talked about the possibility of putting in batting cages and a workout area. Mr. Parker said a sign needs to be installed at Worthington Park with the park name and a sign with Rules of Operation needs to be put at all parks. He said a group of boy scouts are going to supply the labor and Parks Department supply the materials for a new impact zone around the playground equipment at Worthington Park on December 8th and the 15th. He also reported Mr. Clint Albright, from Little Rock who is behind the Busch-Pepsi Classic, now in its 34th year, is one of 18 qualifiers for the USSSA Adult Softball World Series and a sanctioned Conference USSSA event. He and Mr. Albright met with the Advertising & Promotion Commission about the possibility of having a sanctioned qualifier for the Busch Pepsi Classic here. This would bring in about 40 teams from the surrounding states, with about 44 people per team, plus their friends and families all staying in our local hotels and eating in our local restaurants. This event would be a tremendous boost to the local economy. Mr. Albright also met with Troy Keeping from Southland Gaming and Racing about sponsorship. Mr. Keeping agreed to sponsor this event and they came up calling it the "Inaugural Southland Classic". After touring our softball facilities, Mr. Albright did say that we would have to make certain upgrades to get in shape for this type of venue. Public Works Committee—Councilwoman Taylor reported the Street Department helped the Planning & Development Department by cutting 255 lots. Councilor Robinson reported that she is working on forming a clean-up committee so she can get the Keep America Beautiful trainees to come to town. APAC was the low bidder for the Street Overlay Program. The work started on October 11 and finished October 19 and cost approximately $246,000. The 2013 budget was reviewed. Several new pieces of equipment are budgeted and a new code enforcement officer. One half of the salary will come from Street Department and the other half from the Sanitation Department. ANNOUNCEMENTS Mayor Johnson announced the Christmas Tree Lighting will be held Tuesday night at Worthington Park starting at 6:00 pm. Councilman Mondy asked if Mayor Johnson would appoint Alderman James Pulliaum to the Police Commission so they could have a quorum. Mayor Johnson agreed and said there were probably more appointments that needed to be made. Alderwoman Taylor asked what the responsibility of the City Council was when one of the elected Councilmen was deemed ineligible to serve and receive funds. City Attorney Peeples said it was his understanding there has been a plea made in the case, but there has not been a sentencing. City Attorney Peeples said he has contacted the Arkansas Municipal League as to when it would be appropriate for the City Council to take action but has not heard back from them. Councilman McClendon thanked Ward 4 for getting out and voting. Councilman Coleman congratulated Alderman Mondy and McClendon for them being reelected. Councilman Pulliaum said he would like to see us look at all committees and commissions and that when they meet be put in the newspaper and on the local cable channel for the citizens to see. Having no further business to come before the City Council, Councilman Pulliaum moved, second by Councilman Coleman to adjourn. Upon voice vote,the voting was unanimous. The meeting adjourned at 2:00 pm. PASSED and APPROVED this 64 day of December, 2012. / F WILLIAM H. JOHNSON, AYOR ATTEST: j PHILLIP PARA, CITY CLERK Minutes prepared by: Cindy Greenwood, Sr. Deputy City Clerk • • mmOt 4• 444K..s°' CITY OF WEST MEMPHIS West Monsphin Arkansas 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: November 9, 2012 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, October 31, 2012, to the Mayor and City Council, on Thursday, November 15, 2012. Replat of Lot 1, Block 6,M L Thompson's Subdivision, 112 N. 10th Street, Application, Case#SD-10-12—The Planning Commission recommended approval of the Replat of Lot 1, Block 6, M L Thompson's Subdivision. This case was presented by the property owner Mr. Byron Besser, West Memphis Steel, represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers, for the property located at 112 N. 10th Street. The Commission recommended approval, 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. II. Final Plat of Woodridge Subdivision,600 N. 7111 Street,Application Case #SD-11-12 —The Planning Commission recommended approval of the Final Plat of Woodridge Subdivision. This case was presented by the property owners and represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers, for the property located at 600 N. 7th Street. Planning Commission Recommendations November 9,2012 Page two 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. III. Replat of Lot 1., Worthington Commercial Subdivision,905 Missouri Street, Application Case#SD-12-12 - The Planning Commission recommended approval of the Replat of Lot 1, Worthington Commercial Subdivision, 905 Missouri Street. This case was presented by the property owners Fidelity National Bank, represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers. 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. CERTIFICATE OF CONVENIENCE Pursuant to Ordinance No. 1339 adopted on April 21, 1988 by the City Council of West Memphis, Arkansas, a Certificate of Convenience is hereby granted to the following business for the purpose of operating a Limousine Service. Keith Dory 19th Hole, LLC 900 Brookdale West Memphis, AR 72301 To Operate no to exceed , one (1) limousine(s); provided that the operation under such Certificate shall at all times comply with the provisions of Arkansas Law and the Ordinances of the City of West Memphis, Arkansas; and, that failure to comply therewith shall be grounds for revocation of the within Certificate. THEREFORE, all Certificates of Convenience heretofore issued to the grantees herein are revoked. IN WITNESS WHEREOF, I have signed this Certificate of Convenience as the Mayor of The City of West Memphis, Arkansas. DATE WITNESS my signature this day of , 20 WILLIAM H. JOHNSON, MAYOR ATTEST: PHILLIP PARA, CITY CLERK y APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE Pursuant to Section 6,46,030 of the West Memphis Municipal Code, the following information is submitted to be filed with the City Clerk for a Certificate of Public Convenience: A,, he na a and address of the applicant: t 2 1oD &ooK/41 e 1,9 to P4ic� 723©1 . B. The number of vehicles to be operated or controlled by the applicant and the location of the proposed service: ) , oNE C. The name the service will be operated under:. 1M WHY J7rWE_ D. A description of each vehicle to be operated by the service: LINICo t TO )r4 C•AR_ Ode. Fxee . L 41 F Pi S IW XW Y to 15 Z 2-5 Wt-k►T. STreA114 1.:10b% P • DATE .14(,�i .IL./ kilb i,I' A' 71-ANT 1 DATE VERIFICATION STATE OF ARKANSAS COUNTY OF CRITTENDEN ,/ Now on this day of /vl2 - , 'l 2,V`2-- before the undersigned Notary Publi5acting in and for said County and State, appeared -T/t/ I Sv ti% ., to me well known or satisfactorily proven to be the person whose name is subscribed to the foregoing Application for Certificate of Public Convenience and stated under oath that the facts set out in said application are true and correct to the best of /7 knowledge, information and belief. In witness whereof I her .nto s- my hand en. self 4 AO /A ! — i7 -,,,,OTt� PUBLIC My Commission Expi s:: � ;, HO:;E' I, AUBLA�,;1.g: • A�d CERTIFICATE OF LIABILITY INSURANCE DAIE(MMIDDMYY) 10/302012 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Hale Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1926 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Memphis,AR 72303 INSURERS AFFORDING COVERAGE NAIC 8 INSURED INSURER A National liability&Fire Insurance Company 20052 19th Hold Investments,LLC INSURER B 900 Brookdale INSURER C. West Memphis,AR 72301 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNITS LTR I TYPE OF INSURANCE DATE IMMIDO/YYI DATE INNIDONT) GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES(Es aca.rence) S CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONALS ADV INJURY $ GENERAL AGGREGATE S GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 3 POLICY-1 JECT I T LOC S AUTOMOBILE UABILITY 73APR281774 10-10-12 10-10-13 COMBINED SINGLE LIMIT $ A ANY AUTO (Ea oxidant) ALL OWNED AUTOS BODILY INJURY $ 100,000 X SCHEDULED AUTOS (Per peon) rs HIRED AUTOS BODILY INJURY S 300,000 NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE 50,000 (PR ecddmt) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S _ OCCUR CLAIMS MADE AGGREGATE S y S _ DEDUCTIBLE S RETENTION I S WORKERS COMPENSATION AND TORY LIMITS �OER EMPLOYERS'UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E.L.DISEASE-EA EMPLOYEE S If yes dnaibe under SPECIAL PROVISIONS bylaw E.L.DISEASE•POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 19th Hole Investments,LLC DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR T•MAIL 30 DAYS WRITTEN 900 Brookdale West Memphis,AR 72301 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE FT,BUT F . - .0 SO SHALL IM-•SE 'OBLIGATION OR UABILITY OF ANY K • • TH- SUR ,ITS A' TS OR -P , N I •-.IZE•REP ESE VE / ACORD 25(2001108) A - - • • - • 19118