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June 26, 2003MINUTES WEST MEMPHIS CITY COUNCIL JUNE 26, 2003 A regular meeting of the West Memphis City Council was held on June 26, 2003 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 1:30 p.m. Reverend David Moose of Rosewood United Methodist Church offered prayer. Phillip Para City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Harold Thomas, James Pulliaum, Lorraine Robinson, Clarence Davis, Gheric Bruce, Ramona Taylor, AI Felton, Marco McClendon, Herman Coleman, and James Holt. Mayor Johnson declared a quorum present and proceeded with the agenda. BID OPENINGS Bids for the Utility Department -Telephone System and bids for the Street Department -Stake Bed Truck and Pick-Up- were opened at 1:00 and copies of the bid tabulations were given to the City Council. Councilor Pulliaum moved, seconded by Councilor Taylor to accept the bids and refer the Utility bids to the Utility Commission and the Street Department bids to the Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. (bid sheets attached) MINUTES Councilor Thomas moved, seconded by Councilor Davis to dispense with the reading of the minutes of June 5, 2003 and to approve as submitted. Upon voice vote, the voting was unanimous. The motion carried. QLD BUSINESS 3~d reading of An Ordinance to amend Zoning Ordinance 1988, An`icle 111 -Specific District Regulations, Section 1, Residential Districts; Paragraph 8, Uses Permitted; No. 1, Residential Uses; and Article V, Special Provisions; Section 20, Manufactured Homes; Paragraph A, B, C, D, and E, and for other purposes City At#omey Peeples read the ordinance for the Third and Final time. Councilor Robinson moved, seconded by Councilor McClendon to adopt. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2071. Mayor Johnson stated due to some of the citizen's that signed up to speak was regarding the third reading of the next ordinance, he was going to deviate from the formal agenda and allow those citizens to speak at this time. Mayor Johnson stated there was a five minute limit for each speaker. CITIZENS REQUESTS Doris Jones - 1415 Cheshire- read a Resolution adopted by the West Memphis Hospitality Association in which she is vice-president of. The resolution stated they do not support the city administration and Southland Greyhound Park in their efforts to add an illegal tax on the residents of West Memphis. Judy Denman was out of town so Gary Kester with the West Memphis Hospitality Association asked to speak in her place. Mr. Kester stated his business address was 2315 S. Service Road and his residential address as 240 S. Yates, Memphis, Tennessee. Mr. Kester stated he was representing Ms. Denman and the West Memphis Hospitality Association and also represented the 2"d and 5th largest lodging establishments in West Memphis as owner of the Econo Lodge and Express Inn. He commended the City Council and members of the Advertising and Promotion Commission for their commitment to public transportation in West Memphis, however he disagreed the use of Advertising and Promotion taxes for public transportation and did not believe their was a tie to the tourism in West Memphis. He asked that they vote against the tax proposal or delay the vote until data or studies could be collected linking the workings of bus transportation increasing tourism. J. O. Buddy House - resident of West Memphis and in business here for forty years, has been on Advertising 8 Promotion Commission since it started (20 years). Mr. House stated several weeks ago there was a bill proposed to legislature in Little Rock fora $1.00 increase on hotel rooms to fund MATA bus service, which was rejected. He stated he did not see where public transportation promoted tourism other than to Southland. He stated the A8P Commission voted to spend $250,000 of this tax increase to pay MATA and there was conflict of interest in the group that voted for it. He stated he did not think it supported tourism and it was an illegal tax and would not stand up in court. He also stated the city used the A&P taxes twenty years ago to build a port and to his knowledge it has not been paid back. He asked that this tax be delayed and to scale down the bus system. Time was called. Page 2 City Council Minutes June 28, 2003 3rd reading of An Ordinance to amend Section 3.04.020 of the West Memphis Municipal Code for the purpose of levying an additional one percent (1 %) Tax for a total of two percent (2%) upon the gross receipts or gross proceeds from the rental of certain accommodations and the sale of prepared foods and beverages as authorized by A. C.A -Section 26-75-802, and for other purposes City Attomey read the Ordinance for the Third and Final time. Councilor Taylor moved, seconded by Councilor Robinson to adopt the ordinance. Discussion was held. Councilor Thomas stated he felt bus service was good for those that utilize it and it provides a service that is not available to a lot of folks, it could be a good marketing tool for the city. He did not necessarily agree with the statements made today or that a one cent increase would cause people to go elsewhere to eat, however the cost of the bus service concerned him. He stated due to fact that state legislation may add an additional sales tax to pay for education, that with this tax increase, it would be a burden on lower income people and therefore will not be able to support the tax increase. Councilor Holt stated he thought the bus service should be scaled down, this city was not a tourist attraction, and the city needed a bus service but this was not the way to do it. Councilor Davis stated he did not think enough avenues had been explored and we already pay more taxes here than other bigger cities in the state so he could not support it. Councilor Coleman stated the city lost industry and jobs years ago due to an interest cap and a lot of people could not affont to pay higher interest, but a lot of people needed those entities here because they were not able to go to a local bank, therefore he felt they needed to not look at it as an individual, but as an overall interest of the entire city. He stated a city the size of West Memphis needed some type of public transportation and he was in support of the tax. Roll call: vote to adopt the ordinance as presented was as follows: AYES: Pulliaum, Robinson, Bruce, Taylor, Felton, McClendon, and Coleman NAYS: Thomas, Davis, and Holt The Ordinance was adopted and assigned No. 2072. NEW BUSINESS None PERMISSION REQUESTS Councilor Pulliaum moved, seconded by Councilor Thomas to approve payment of $58,335.87 to OMI for the month of June, 2003. Upon voice vote, the voting was unanimous. Councilor Taylor moved, seconded by Councilor Robinson to give permission to sign the MPO Contract with Brawley Engineers. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Coleman reported the Police Commission met and tabled a request from Bridget Turner until the next meeting and discussed a matter from Maggie Hall and reported that matter is being handled right now. Councilor Thomas stated the Utility Commission met and approved the low bid for tree trimming and approved the charge-off list. Councilor Robinson reported the Airport Commission met and were granted approval for a Department of Aviation 50/50 grant for hanger repairs. Work is to begin in thirty days. Councilor Davis referred the Budget Committee recommendation to Frank Martin, Finance Director. Mr. Martin stated the Budget Committee recommended budget change requests: three dispatchers moved from Fire to Police Department, changing Municipal Court State Docket Clerk to Chief Deputy Clerk with a pay scale increase from a #13 to #15, and to raise the judge's salary from $45,000 to $54,000. Councilor Robinson moved, seconded by Pulliaum to approve the budget change requests. Upon voice vote, the voting was unanimous. Councilor Felton reported Public Works Committee awarded the bid for a new paver ,with a trade-in. A 8 P Commission met to consider the tax increase proposal. CITIZENS REQUESTg No further requests present Mayor Johnson stated there were seven members of the Utility Commission with staggered terms, 3-381, four terms have expired the other three expire this month. Councilor Taylor moved, seconded by Councilor Davis to approve the commission as they are now for re- appointment. Discussion. Councilor Felton asked that they be nominated and voted on individually by wards. Discussion. City Attomey Peeples advised that the ordinance specified the council would appoint but did not specify how to nominate or approve them. Councilor Taylor asked how the terms would be, if reappointed. Mayor Johnson stated Mr. Ross term expired in 2001 so it would expire in 2004, Mr. Beck, Mr. Parker, and Mr. Turner's terms expired in 2002 so they would expire in 2005, and Mr. Bruce, Mr. Holmes, and Mr. Patridge terms expire in 2003 so they would expire in 2008. Roll vote was held to approve the seven commissioners for re- appointment: Page 3 City Council Minutes June 26, 2003 AYES: Thomas, Davis, Taylor, and Holt NAYS: Pulliaum, Robinson, Bruce, Felton, and Coleman PASS: McClendon The motion failed. Mayor Johnson read each nomination in alphabetical order and by wards. Ward One: Mr. Beck and Mr. Parker. Councilor Davis moved, seconded by Councilor Holt to nominate Mr. Beck for reappointment. Upon roll call vote, the voting was: AYES: Thomas, Robinson, Davis, Taylor, McClendon, and Holt NAYS: Pulliaum, Felton, Coleman PASS: Bruce The motion carried. Councilor Holt moved, seconded by Thomas to re-appoint Mr. Parker. Upon roll call vote, the voting was: AYES: Thomas, Robinson, Davis, Taylor and Holt NAYS: Pulliaum, Bruce, Felton, McClendon, and Coleman The Mayor Johnson voted AYE. The motion carried. Councilor Pulliaum moved, seconded by Davis to re-appoint Mr. Ross. Upon roll call vote, the voting was: AYES: Thomas, Pulliaum, Robinson, Davis, Bruce, Taylor, Felton, McClendon, and Holt NAYS: None PASS: Coleman The motion carried. Councilor Taylor moved, seconded by Thomas to re-appoint Mr. Patridge. Upon roll call vote, the voting was: AYES: Thomas, Davis, Taylor, McClendon, and Holt NAYS: Pulliaum, Robinson, Bruce, Felton, and Coleman Mayor Johnson voted AYE. The motion carried. Councilor Taylor moved, seconded by Davis to re-appoint Mr. Holmes. Upon roll call vote, the voting was: ~,, AYES: Thomas, Robinson, Davis, Bruce, Taylor, Felton, McClendon, and Holt NAYS: None PASS: Pulliaum and Coleman The motion carried. Councilor Robinson moved, seconded by Councilor McClendon to re-appoint Bruce. Upon roll call vote, the voting was: AYES: Thomas, Pulliaum, Robinson, Davis, Taylor, Felton, McClendon, Coleman, and Holt. NAYS: None ABSTAINED: Bruce The motion carried. Mayor Johnson announced Freedom Fest would be Friday, June 27th at 5:30 at Tilden Rogers Park. Having no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Coleman to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:17 p.m. PASSED and APPROVED this 3^ c~ day of July, 2003. ~- %~...._. ~- ~1c7~ WILLIAM H. JOHN ON, MAYOR ATTEST: PH ,CITY CLERK Minutes prepared by: Cindy Greenw , Sr. Deputy Clerk BID TABULATION SHEET FOR ONE PICK-UP TRUCK JUNE 26, 2003 DEALER (N STO~~ BID $ 1 co, 3 C~`1. ~ o $ \S `~r1Q.`~~I --~-- ~` West Memphis Utility Commission P.O. Box 1868 • 604 East Cooper (870) 735-3355 • Fax (870) 732-7623 West Memphis, Arkansas 72303 TELEPHONE SYSTEM BIDS 06-26-2003 SBC COMMUNICATIONS, INC. ~ ~ ~: ~ 3 3 ` ~-~ 723 CHURCH ST. JONESBORO, AR 72401 CST&D ~~ -5 ~~' ~~ 4921 WINCHESTER RD. MEMPHIS, TN 38118 SOUTHEASTERN TELECOM, INC. ~ ~ ~ C ~t 1775 PYRAMID PLACE, SUITE 112 ' MEMPHIS, TN 38132 EXPANETS ~ ~ ~''~~~ ~' LL' 3915 MENDENHALL ROAD SOUTH MEMPHIS, TN 38115 An Equal Opportunity Employer BID TABULATION SHEET ONE NEW MODEL ONE (1) TON STAKE BED TRUCK WITH HYDRAULIC LIFT GATE JiTNE 26, 2003 DEALER BID ~ ~~~~~ ~~~ C~~~ $ ~ cog ~-~