Erwin appeals to city

"I'd like to overturn the Planning Commission," Ray Easley, City Council member, said during the Feb. 21 City Council meeting.

Referring to the Planning Commission's decision on Feb. 7to not continue a conditional use permit for a portion of land owned by Jim Erwin, Easley said: "I'm in favor of him continuing to operate.

"I've always been in favor ... of people coming to Pea Ridge and investing their money in property and want to do business. Jim (Erwin) has invested a lot of money there," Easley said.

Introducing his appeal, Erwin said: "I'm wanting to get approved to widen my lot. We're not going to increase traffic ... we're the least traffic of anybody in the neighborhood. I want to get the opportunity to operate and serve the community. I want to express my freedom to make a living.

"I want to expand with the city ... that opportunity to use that highway frontage to sell some old cars," Erwin said.

John Tjarks, owner of a business across the street from Erwin's lot, said: "I was at the Planning Commission and I testified in regards to safety concerns... we had several people testifying both ways. Alderman (Steve) Guthrie testified for his (Erwin's) business. I would hope he would recuse himself from this vote."

Planning Commission members Jerry Burton and Dr. Karen Sherman were present and explained that there are two different lots and two different conditional use permits being considered.

At one point, Guthrie said: "I'm going to recuse myself. I'm with Ray on this."

Guthrie abstained from the initial vote to overturn the Planning Commission's ruling. Then, council member Bob Cottingham made a motion to send the question back to the Planning Commission for a vote from the entire board as there were two members absent at the Feb. 7 meeting. Guthrie seconded that motion. After several questions and discussion with city attorney Michael Bearden, Cottingham attempted to withdraw his motion.

"I've got faith in our Planning Commission," Cottingham said asking to withdraw his motion. The mayor asked Guthrie if he would withdraw his second and he said "no."

"If you send me back to Planning... because of my relationship with Mr. (Jerry) Burton, Dr. (Karen) Sherman and Rev. (Al) Fowler, can I ask them to be pulled off. There is no way I can get a fair vote," Erwin said. "Those three -- we're voting about rivalries. They're using their board as a kicking post."

Cottingham said: "They're representing the people who have come to them... it's nothing personal."