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07/03/2019 MINUTES WEST MEMPHIS CITY COUNCIL July 3, 2019 A regular meeting of the West Memphis City Council was held on Wednesday, July 3, 2019, at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. L nvocation was given by Council Member Helen Harris, followed by the Pledge of `` Allegiance led by Council Member Croom, Mayor Marco McClendon called the meeting to order at 1:30 p.m. Deputy City Clerk, Joyce Gray, called the roll. Those present were: Mayor Marco McClendon, City Attorney Michael Stephenson, City Treasurer Frank Martin and Council Members: Lorraine Robinson, James Pulliaum, Helen Harris, Willis Mondy, James Holt, Wayne Croom and Melanie Hutchinson. Tracy Catt, Charles Wheeless and David Murray Quorum being present, Mayor McClendon proceeded with the meeting. Mayor McClendon welcomed new Council Member David Murray who will represent Ward 4 position 2. Council Member Murray thanked the Council and Citizens for the opportunity to represent them and said he is looking forward to doing the right thing and serving all the Citizens of West Memphis and is honored to serve on the Council. BID OPENING: NONE PRESENTATIONS: Mayor Marco McClendon and Council Member Hutchinson, recognized Council Member Lorraine Robinson for her actions and dedication that she has given to the Community of West Memphis Minutes: Council Member Catt moved, seconded by Council Member Croom to dispense with the reading of the minutes of June 20, 2019 City Council Meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS AN ORDINANCE TO ABOLISH ORDINANCE 2124, REGARDING THE COLLECTION OF MATERIAL OTHER THAN GARBAGE AND TO ABOLISH ORDINANCE 1789, REGARDING REMOVAL OF CONSTRUCTON DEBRIS (JUNE 6, 2019 and JUNE 20, 2019 AGENDA) City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only. Council Member Pulliaum made the motion, seconded by Council Member Hutchinson to approve the Ordinance. Discussion followed, Council Member Pulliaum made a motion to amend the Ordinance that stipulates the use of clear bags. Council Member Pulliaum said he understood the reason for the clear bags but felt so long as a heavy duty are used to prevent breakage and or spillage that it would be suffice. Council Member Croom had reservations with passing the Ordinance due to excluding the pickup at multi- dwellings curbsides trash. City Engineer Amanda Hicks gave a brief explanation. Council Member Catt addressed residents who live in duplex and four plex dwellings being held responsible for their properties and landlords being responsible for removing their own debris due to clean outs and evictions. Ms. Hicks said that the debris that is left curbside due to evictions and clean outs at multi units and commercial business has caused a major problem with slowing down the trucks and a delay in picking up at residential areas that are paying for that service. Council Member Pulliaum said he would like to amend the Ordinance to allow pickups at the duplex and four plex units. Council Member Pulliaum made a motion to withdraw his motion, Council Member Hutchinson also withdrew her motion to approve the Ordinance, and to amend the Ordinance to read to include pick up at duplex and four plex curbside trash. Council Member Pulliaum made a motion, seconded by Council Member Mondy to approve the amendments to include pick up at duplex and multi plex units. Mayor McClendon asked for a roll call vote. City Clerk, Joyce Gray called roll. The vote was as follows to approve the amendments: YES: Council Members: Catt, Harris, Holt, Hutchinson, Mondy, Murray, Pulliaum, Mondy and Wheeles No: Council Member Croom ABSTENTION: None ABSENT: None With 9 yes votes, 1 no vote 0 abstentions and 0 absent votes the amendments to the Ordinance were approved. Council Member Pulliaum made the motion, seconded by Council Member Robinson to approve the Ordinance as amended. Discussion followed: Council Member Croom asked for a roll call vote. Mayor McClendon called for a roll call vote. City Clerk Joyce Gray called roll. The vote was as follows: YES: Council Members: Catt, Harris, Holt, Hutchinson, Mondy, Murray, Pulliaum, Robinson and Wheeless No: Council Member None ABSTENTION: Croom ABSENT: None With 9 yes votes, 0 no vote 1 abstentions and 0 absent votes the Ordinance passed. The Ordinance was adopted and assigned No. 2510 NEW BUSINESS: Council Member Pulliaum made a motion, seconded by Council Member Hutchinson to read R-1 and R-2 and 0-1 by title only. Upon voice vote, the voting was unanimous. RESOLUTION OF THE CITY OF WEST MEMPHIS, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF TENNESSEE SOFT DRINK PRODUCTION COMPANY TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15-4-2706 (d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003) City Attorney Stephenson read the Resolution. Mayor McClendon asked for an explanation of the Resolution. Economic Development Director, Phillip Sorrell. Earlier this year Coca Cola Bottling Company announced the expansion of their existing production facility in West Memphis. It would be a thirty-five million-dollar expansion and would create 65 new jobs to the community. Part of the negotiations with them the Economic Development office and the State's Economic Development office worked with the company to provide certain incentives competing for the project. One incentive was the Tax Back administered through AEDC. This is a standard procedure for these types of business developments. It is a State administered rebate of the refund sales tax collected on all qualifying production equipment and building material that go into construction of the expansion project. A line share of the taxes abated come from the State and the City will have a local portion that will come to the City. They competed with the State of Tennessee for this project. The State requires that the City pass a Resolution and it will be on the County Quorum Court agenda this month's meeting for passage There being no further discussion. Mayor McClendon asked for a roll call vote City Clerk Joyce Gray called role The vote was as follows: YES: Council Members: Catt, Croom, Harris, Holt, Hutchinson, Mondy, Murray, Robinson, Pulliaum and Wheeless No: Council Member None ABSTENTION: None ABSENT: None With 10 Yes votes.0 No votes, 0 Abstention votes and 0 absent votes The Resolution was adopted and assigned No. 2202 RESOLUTION TO BEST ESTABLISH THE TIME FOR THE CITY COUNCIL MEETINGS City Attorney Stephenson read the Resolution by title only. Council Member Catt made a motion, seconded by Council Member Croom to amend the Resolution to read the first Thursday of the month Council Meeting, remain at 1 '00 pm as always and the second Council Meeting of the month be on the third Thursday at 5:00 pm. Discussion followed: Mayor McClendon asked for a roll call vote to amend the Resolution. City Clerk Joyce Gray called roll. The roll call vote was as follows: Yes: Council Members: Catt, Croom, Harris, Holt, Murray and Wheeless No: Council Members Hutchinson, Mondy, Pulliaum, Robinson Abstention: Council Members None EAbsent: Council Members None With 6 Yes votes, 4 No votes 0 Abstention votes and 0 Absent votes, to motion to amend the Resolution passed. Council Member Catt made the motion, seconded by Council Member Pulliaum to approve the Resolution. Mayor McClendon asked for a roll call vote. City Clerk, Joyce Gray called roll. The vote to approve the Resolution was as follows YES: Council Members: Catt, Croom Harris, Holt, Hutchinson, Murray, Pulliaum, Robinson and Wheeless No: Council Members: None Abstention: Council Members: Mondy (Council Member Mondy changed his abstention vote and voted yes) ABSENT: None With 10 yes votes ,0 No votes,0 Abstentions and 0 Absent the Resolution was adopted and assigned No. 2203. AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 825 N. COLLEGE BLVD. PERMITTING A COMMUNICATIONS TOWER IN A R-1 SINGLE FAMILY RESIDENTIAL DISTRICT. City Attorney Stephenson read the Ordinance for the First time by title only. Discussion followed, Council Member Tracy Catt asked for clarification from City Treasurer, Frank Martin. Council Members Catt said it was to his understood that the tower had been before the Architect, and had been signed off on, he did not see any reason not to read it a second time. City Treasurer Martin said that there was still some opportunity to present some additional changes to the towers. Council Member Croom asked if the tower would interfere with the Airport and if the Airport had approved it. City Attorney Stephenson said that it was subject to the approval by the Airport and FAA. Planning & Development Director, Paul Luker said the matter had been before the Planning Commission and it was recommended that it be approved. A Special use permit is required, and notice was published in the news paper and the property was posted; they did not receive any inquiries about it. The applicant also worked with The Airport General Manager, Mrs. Candra Sutter and she has reviewed it and is accepting of anything that FAA will approve regarding the tower height. The tower is 107 feet and has been approved by the FAA. The applicant has requested that the FAA look at it again and approve 10 additional feet. Council Member Catt asked that they read it one time until they get clarification. PERMISSION FOR MAYOR MCCLENDON TO SIGN THE LEASE FROM AT & T (TABLED ON JUNE 6,2019) Council Member Pulliaum made a motion, seconded by Council Member Catt to give Mayor McClendon permission to sign the Agreement with AT & T. Upon voice vote, the voting was unanimous to approve. RECOMMENDATIONS: PLANNING COMMISSION RECOMMENDATIONS (SEE MATERIAL IN PACKETS) Council Member Catt made a motion seconded by Council Member Robinson to approve the Planning Commission recommendations as presented. Upon voice vote, the voting was unanimous to approve. COMMITTEE REPORTS: Personnel Committee: Council Member Hutchinson stated the Personnel Committee did not have a quorum. Council Member Hutchinson said that they did have some guest from the ESGR present to speak about Military leave and they will be speaking to the Committee later to address the employee's concerns. Public Works Committee: Council Member Lorraine Robinson presented the Public Works report. The Public Works Committee met on July 2, 2019. The meeting was very productive. The Storm Water Ordinance, Sanitation Ordinance, EDAQ and Front-End loaders are all on track. Mayor McClendon attended the Sanitation Department to discuss initiatives to improving the Sanitation department and improving services. One item initiated was a grass cutting department, where the City would cut the vacant lots rather than bidding them out to individual contractors. They are looking to putting this in place some time next year. This initiative would be cost effective to the City There have been some staff changes at the Sanitation department. Arthur Jackson will now be over the trash pickup; Mr. Charles Clark will be over garbage and Ms. Robbie Amos will be over dumpsters. Mayor McClendon has suggested these changes to try and improve upon the Sanitation services and to get the City cleaned up as well as have accountability. The City will be purchasing 10 additional trash carts for back yard pick up and hiring a welder to maintain existing dumpsters. The Committee approved the street overlay bid, the contract was awarded to BKB. The Shady Grove street overlay will also be part of the bid. Recycling is back on track. Keep West Memphis Beautiful was a great success. There were approximately 25 volunteers. There will be a Public Works S called meeting immediately after Council. J ANNOUNCEMENTS: Mayor McClendon commended CVBC Director, Jim Jackson, staff, West Memphis Police Department, Fire Department, Public Works and Utility Department for their hard work in helping to make Freedom Fest a success. Mayor McClendon announced that he would be able to hire 100 youth for the Summer program this summer. He also expressed the positive feedback he has received from titude to the fthprogram so far. Mayor McClendon or iwanted all their support. The youth will beginwo koJuly 9to h are 1 2019andawill work five weeksil HutchinsonCouncil Member add Ms. SchorlettTrner to the made agenda to address Cou bCouncil Council.. Up nvoice vote, the voting was unanimous. CITIZEN REQUEST: Ms. Tabia M. Fuller a resident of 717 Auburn came before Council to ask for a variance to put up a Greenhouse. Ms. Fuller presented pictures of the type of greenhouse that she wants to put up. City Attorney Stephenson recommended that Ms. Fuller follow the set procures for requesting a variance. Ms. Schorlett did not address the Council. Having no further business to come before the City Council, Council Member Pulliaum moved, seconded by Council Member Croom to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:30 p.m. PASSED and APPROVED this 18'",day yoof July 2019. MARCO MCCLENDON, MAYOR ATTEST: J CE RAY, CITY CLERK Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk E