10/03/2019 MINUTES
WEST MEMPHIS CITY COUNCIL
October 3,2019
A regular meeting of the West Memphis City Council was held on Thursday, October 3,
2019,at 100 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis,
Arkansas.
Invocation was given by Council Member, Helen Hams, followed by the Pledge of
Allegiance led by VFW Representative Jim Fiveash, Mayor McClendon called the meeting to
order at 1:00 p.m. Sr. Deputy City Clerk, Patricia Lane, called the roll.Those present were:
Mayor Marco McClendon, City Attorney Michael Stephenson, City Treasurer Frank Martin and
Council Members: Tracy Catt, Wayne Croom, Helen Harris,James Holt, Lorraine Mohammed,
Willis Mandy,James Pulliaum and Charles Wheeless.Absent were Council Members Melanie
Hutchinson and David Murray. Quorum being present Mayor Marco McClendon proceeded
with the meeting.
Council Member Hutchinson came into the Council Meeting at 1:20 p.m.
BID OPENING: NONE
MINUTES:
Council Member Calf moved, seconded by Council Member Pulliaum to dispense with the
reading of the minutes of September 19, 2019 City Council Meeting and approve them as
submitted. Upon voice vote, the voting was unanimous to approve.
OLD BUSINESS: NONE
Council Member Pulliaum made a motion, seconded by Council Member Mandy to read Rl,
0-1 and 0-2 by title only. Upon voice vote, the voting was unanimous
R-1 A RESOLUTION OF THE CITY COUNCIL OF WEST MEMPHIS,ARKANSAS
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CARVANA, LLC TO
PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 154-2706
(D) OF THE CONSOLIDATED INCENTIVE ACT OF 2001)
City Attorney Stephenson read the Resolution by title only. Mayor McClendon asked for
Economic Development Director, Phillip Sorrell to give a brief explanation of the
Resolution. Mr. Sorrell explained that at the previous Council Meeting they made the
announcement about Carvana locating to West Memphis. Carvana plans to invest
approximately$45,000.000.00 million dollars into the Community, in sight development
and will create 450 jobs. As part of the process of going through the competitive process of
Industrial recruitment,we must apply certain incentives as part of the competition that
they play as it relates to sight selection to these Industries. Carvana is one of those
Industries This process is authorized by the State of Arkansas that is mentioned in the title
of the Ordinance. Mr. Sorrell said that is basically a rebate of Sales and Use tax for material
used for construction at the site and encourages the acquisition and purchase of material
throughout the State of Arkansas or within its jurisdiction and are subject to sales and use
tax. The company benefits by receiving the Sales and Use Tax that would be collected on
those purchases, it is a win win situation,because the City would not be collecting those
taxes if they were not building the facility in West Memphis. Council Member Mohammed
asked where the Company would be located. Mr. Sorrell said it would be at the Industrial
Park. Council Member Mohammed asked about the salaries. Mr. Sorrell said that the wages
would be between the$14.00 to $19.00 dollar range. Council Member Croom asked about
the recruitment of local contractors. Mr. Sorrell said that they do encourage the companies
to utilize local contractors as much as possible.There being no further discussion Council
Member Pulliaum made the motion, seconded by Council Member Croom to approve the
Resolution. Upon voice vote,the voting was unanimous to approve.The Resolution as
adopted and assigned No.2209.
0-1 AN ORDINANCE OF THE CITY OF WEST MEMPHIS,ARKANSAS (MUNICIPAL
CAPITAL BUILDING PROJECT)
City Attorney Stephenson read the Ordinance by title only for the FIRST time. The
Ordinance will be placed back on the October 17, 2019 agenda for the second reading.
0-2 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR DECORATIONS TO BE
USED IN WORTHINGTON PARK, MARTIN LUTHER KING PARK AND RIDE AND BIG
RIVER CROSSING TRAIL HEAD,APPROVING A CONTRACT BETWEEN THE CITY OF
WEST MEMPHIS AND FESTIVE DESIGNS., INC DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES
City Attorney Stephenson read the Ordinance by title only for the FIRST time. Council
Member Pulliaum made motion, seconded by Council Member Wheeless to suspend the
rules and place the Ordinance on its second reading. Upon voice vote the voting was
unanimous. City Attorney Stephenson read the Ordinance by title only for the SECOND
time by title only. Council Member Pulliaum made a motion, seconded by Council Member
Croom to further suspend the rules and place the Ordinance on its third and final reading.
City Attorney Stephenson read the Ordinance by title only for the THIRD and FINAL time.
Council Member Croom asked Convention Visitor Bureau Center Director,Jim Jackson to
give a brief explanation of the Ordinance. Mr. Jackson explained that the Ordinance was
primarily for Christmas decorations for Worthington Park where there will be a 40-foot
tree and lighting and Martin Luther King Park and Ride where there will be a 20-foot tree
and lighting and the Big River Crossing Trail Head by Pancho's. There will be other
decorations such as banners and lights and snowflakes throughout the City that are not
part of this project. The Advertising and Promotion Committee has approved funding for
this project as they have in past years. The Christmas Tree Lighting activity will be the
Tuesday before Thanksgiving on November 26, 2019. They have used Festive Design INC
for the past seven years and they do a good. The Company is out of Memphis but one of the
owners is a resident of West Memphis. Council Member Pulliaum made the motion,
seconded by Council Member Croom to approve the Resolution. Upon voice vote the
Ordinance was adopted and assigned No,2521. Council Member Catt made a motion,
seconded by Council Member Croom to accept the Emergency Clause. Upon voice vote,the
voting was unanimous to Adopt the Emergency Clause
PERMISSION
REQUEST:
PLANNING COMMISSION RECOMMENDATIONS (SEE MATERIAL IN PACKETS)
Council Member Pulliaum made a motion, seconded by Council Member Catt to approve the
Planning Commission Recommendations. Upon voice vote, the voting was unanimous to
approve.
PERMISSION TO PAY"HOPE OF THE DELTA" $1,101.10 FROM THE FUNDS OF
CHARLES WHEELESS
Council Member Pulliaum made a motion, seconded by Council Member Catt to give
permission to pay Council Member Wheeless funds in the amount of$1,101.50 to Hope of
the Delta.
COMMITTEE REPORTS:
BUDGET COMMITTEE: Council Member Catt presented the Budget Committee
report.The Budget Committee met on September 26. 2019. The Budget Committee
addressed three items on the agenda. The Committee decided not to transfer$150,000
dollars from the 911 fund to the General Fund as approved in the 2019 budget. The Police
Department is needing to complete some repairs and are working on getting some
estimates Revenues are higher than projected,spending appears to be in balance, therefore
the General Fund should be ok for the year. The second item discussed was increasing the
budget from reserves to correct the electrical issues with the Water Tower on Broadway,
which is estimated to be approximately$1,200.00 dollars.The third item discussed was the
$100,000.00 dollars that was budgeted for the Roberta Jackson Neighborhood Center.The
Committee took a neutral position pending a legal interpretation to ensure compliance
with regulations governing bond issuance and will wait and come back later after they have
been advised by the Committee on the bond issues and what money can be spent and
where it can be spent.The Commission is asking the Council for approval on the items
discussed. Council Member Pulliaum made a motion, seconded by Council Member Croom
to approve the Budget Committee Recommendations. Upon voice vote, the voting was
unanimous to approve. Council Member Catt reported Sales Tax Collection from Southland
for the month is $269.779.05 dollars more than last year the budget year for the year is
$789, 571.74 dollars the budget year to date is $694,121.28 dollars more than the original
budget. The last two months excess funds will be moved over to a separate account to fund
the depreciation account they wanted set up and budding reserves for the building fund.
The Sales Tax Revenue for August was $56,362.71 dollars more than this time last year and
is$59,488.72 over budget projection.The projected overall revenue was 66% the overall
revenue for the City through August revenues came in at 64.61%. Council Member Catt said
that the Budget Committee felt comfortable with where they were at.
PUBLIC WORKS: Council Member Mohammed said that the Public Works Committee
met but she did not have a report available to present. Council Member Mohammed said
that Public Works business is on schedule. Code Enforcement Officer George Phillips was
introduced to the Committee. Mr. Edwards presented an update to the Committee on the
code violations that he is addressing.
UTILITY COMMISSION: . Council Member Pulhaum asked Utility Manager Todd
Pedersen to give a brief explanation of the sink hole projects that the Utility Department
will be repairing in the upcoming weeks. Mr. Pedersen said the four areas of concentration
will be West of Walnut,Woods and Jefferson, 7u and Jefferson and Winchell and Jefferson.
Starting Monday October 7, 2019, they will repair West Walnut once that is completed, they
will move on to next. There is a possibility that they might have to relocate distributions
(!` and water lines at Woods and Jefferson.They have gotten bids and the Commission has
ff
signed oon them and have been given the notice to proceed. They will be putting out a
Public Notice and Byers will be sent to the residents at West Walnut.They will also be
posting a notification on social media to keep the public informed. Mr. Pedersen said that
they do not expect any interruption to service. Council Member Moody asked when they
would be repairing Winchell
Council Member Tracy Catt asked that Council recess to conduct the Public Hearing
scheduled for 1:30 p.m. concerning used car dealerships and other related type of business.
Council Member Pulliaum made the motion, seconded by Council Member Wheeless to
recess. For the Public Hearing regarding Zoning Text Amendment concerning Used Car
Dealerships and other Related Type of Business. Upon voice vote, the voting was
unanimous to recess.
Council Member Pulliaum made a motion,seconded by Council Member Wheeless to
reconvene the Council Meeting at 1:35 pm. Upon voice vote, the voting was unanimous to
reconvene.
Utility Director,Todd Pedersen continued with addressing Council Member Moody's
question. Mr. Pedersen reiterated the repair schedule and said that Winchell Street would
be last.
ADVERTISING&PROMOTION; Council Member Pulliaum presented the Advertising
and Promotion report.The Advertising and Promotion Commission met on September 18,
2019 at 4:00 p.m. The West Memphis Civic Auditorium hosted 0 events and 0 guest in the
month of July. The Eugene Woods Civic Center hosted 22 events with 2,020 guests in June.
The Commission voted to approve a sponsorship request from Outdoors Inc. Grit and
Gravel, bicycle race to be held November 3, 2019 at the Big River Park. The Commission
also voted to approve funding request for two Blues shows. One to be held at the West
Memphis VFW on November 9, 2019 and one at the Civic Auditorium on November 23, S
2019. The Commission agreed to fund the Christmas lights and decorations around West J
Memphis. Commissioners met with Architect Roddy Geary to discuss a more detailed plan
for the exterior of the Civic Complex buildings
APPOINTMENTS: NONE
PRESENTATIONS:
MAYOR MCCLENDON PRESENTED A PRESENTATION TO COUNCIL MEMBER WILLIS
MONDY
Mayor McClendon and Council Member Hutchinson presented an award to Council Member
Moody for his Outstanding Service and Commitment
Mayor Marco McClendon and Assistant Chief Robert Langston presented Officer Charles
Strauser with an award. Officer Strauser has won the Police Department Shift Initiative for
the past two months for his Crime Fighting and Community Outreach and is being
recognized for the month of September for Officer of the month.
MAYOR MARCO MCCLENDON PROCLAMATION TO ASU MID-SOUTH-
(MANUFACTURING DAY)
Mayor McClendon and Council Member Croom presented a proclamation to ASU Mid-South
for National Manufacturing Day. Mayor Marco McClendon proclaimed October 4, 2019 as
National Manufacturing Day and October2019 as National Manufacturing Month. The
College will be hosting a Manufacturing Activity on October 24, 2019 from 9:00 a.m. to 2:00
p.m. the event is open to the public, there will be Manufacturing Companies available and a
wielding competition.A wielding scholarship will be awarded. There will be food trucks
and free pizza.
ANNOUNCEMENTS:
Mayor Marco McClendon recognized Mrs. Marie Head for her hard work in decorating the
City Hall budding pink in recognition of Breast Cancer Awareness Month.
Council Member Mondy recognized Ms.Tawana Butler for the great job she did in
organizing West Memphis Night Out on Tuesday October 1, 2019. It was a big success.
Mayor McClendon announced that the football game between the Academy of West
Memphis and Marion High school was one of the greatest games he has seen and
congratulated the Academy of West Memphis for their victory.
Convention Visitors Bureau Director,Jim Jackson gave an update on the ASU-Mid South Left
Bank Festival scheduled for Saturday October 5, 2019. There will be food and live
Entertainment,arts and craft and a Catfish cooking contest.
Mr.Jackson also announced that the 9th Annual Great Steak Cook off will be October 19,
2019, the event will be at the Eugene Woods Civic Center.There will be a first-place prize
of$1,500.00 dollars the event will be from 12:00 pm to 6:00 pm. On October 12, 2019 the
West Memphis Band Booster will be hosting the West Memphis Marching Classics at the
Academy of West Memphis football field representing the Tri State Region. Mr.Jackson said
the A& P numbers have been the highest ever and shows that West Memphis is moving
l
forward.
Council Member Hutchinson announced that the West Memphis Health Fair will be October
31, 2019 from 11:30 a.m.to 2:00 p.m. at the Eugene Woods Civic Center.
Mayor McClendon asked the Council and everyone to be in prayer for Council Member
Hutchinson's mother and families dealing with Cancer.
f City Treasurer, Frank Martin reminded everyone about the Parks Committee meeting
Ldirectly after Council.
CITIZEN REQUEST: NONE
Having no further business to come before the City Council, Council Member Pulhaum
moved,seconded by Council Member Catt to adjourn. Upon voice vote,the voting was
unanimous. The meeting adjourned at 2:00 p.m.
PASSED and APPROVED this 17th day of October 2019.
Cbr Co �C
MARCO MCCLENDON,MAYOR
ATTEST:
L4,oE RAY,CITY CLE
Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk
L
CITY OF
*" WEST
MEMPHIS
A R K A N 9 A 9
WEST MEMPHIS PLANNING & DEVELOPMENT
W 205 South Redding-P.O. Box 1728•West Memphis, Arkansas.72303-1728•(870)732-7620
PLANNING COMMISSION RECOMMENDATIONS
Wednesday September 25.2019,at 3:30 PM
City Council Chambers
205 South Redding Street, West Memphis, Arkansas
L SUBDIVISIONS:
A. Subdivision- Eracilo Becerra Waverly Rd. - Application Case N SD-08.19
This case is being presented by Eracilo Becerra. represented by Jim Smith. This is a one-lot
subdivision containing 2.0 acres. It is zoned CV-E, Conservation Extraterritorial.
./ Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by ;
3. Installation and acceptance of the improvement plans: easements; and rights-of-ways,
subject to the Crittenden County Judge, Woody Wheeless.
After review and discussion, the Planning Commission recommended to approve with conditions
the site plan and easement for Eracilo Becerra.
B. Subdivision-Delta Cannabis Co: 1151 E. Service Rd: Application Case ti SD-
09-19
This case is being presented by Delta Cannabis Company, represented by Jim Smith. This is a
one-lot subdivision containing 2.19 acres, and is zoned C 2, Open Display Commercial.
Approval is subject to the following criteria:
1. Proper execution of all Certificates;
2. Installation of grading and drainage improvements as required by Department of Public
Works;
( 3. Approval of the improvement plans by the West Memphis Utility Department, as to
1 easements;
4. Installation of storm water management requirements and other improvements, as
Wrequired by the City Engineer.
After review and discussion, the Planning Commission recommended to approve with conditions
the Delta Cannabis Subdivision.
H. Comprehensive Plan Change-City of West Memphis-Zoning Text Amendment
This case is being presented by the City of West Memphis Planning and Development
Department proposing an amendment to the Zoning Text that would change how Used-Car
Dealerships, and other related types of businesses, are permitted in Commercial and Industrial
zoning districts.
After review and discussion, the Planning Commission recommended to approve the zoning text
amendment as proposed.
RECEIVED
City Clerk's Office
DatelTime 1J 7 / 7
BYsow
of WEST MFS CITY OF
WEST•
*, .s
MEMPHIS
PURCHASING DEPARTMENT
BID TABULATION FOR
INSTALLATION OF BENCHES AND TABLES
AT ALL CITY PARKS
OCTOBER 14 2019 @ 2.00pm
BIDDER: AMOUNT:
Wilco Services $32,125.00
4052 Kayley Lane
Olive Branch, MS 38654
No Bid 5
No Bid $
MEMO
1 From the desk of Frank Martin
Date: October 2, 2019
To: W M City Council
Re: Charity Day Funds
PERMISSIOPN TO PAY "HOPE OF THE DELTA"
$ 1,101 .20 FROM THE FUNDS OF CHARLES
WHEEELESS
I have received a copy of their approval for a 5010 from the IRS
Frank Martin
THE DISTRICT COURT OF CRITTENDEN COUNTY
WEST MEMPHIS DIVISION
STATE OF ARKANSAS
COUNTY OF CRITTENDEN
The District Court of Crittenden County, West Memphis Division,has retained records for the
time periods required by $ 16-10-211 record retention schedule. The records to be destroyed are
complete case files and written exhibits; show cause orders; case information, including arrest
reports and affidavits; and files concerning cases resulting in a suspended imposition of sentence
for 2006—2011.
Bookkeeping records that have been audited to include bank reconciliations: check book
registers and check listings; cancelled checks: bank statements: receipts; deposit collection
records; receipt listings; distribution reports; receipt and disbursement journals; time payment
records; citation book logs; citation books (pink tickets) from West Memphis Police Department
and Crittenden County Sheriff's Office; served warrants: copies of citations: alternative service
or community service.time sheets; uniform filing fees collection remittance forms and fine
report; and miscellaneous fee and fine collection reports for 2001 —2012.
On this 25th day of July, 2019, Terry Griffin, Chief Clerk of the Court, requests permission from
the City of West Memphis administrators to destroy the herein named records by shredding.
SWORN to subscribed before me, this 25" day of July, 2019.
JJG O� �cn A<-,—
NOTARY PUBLIC
My Commission Expires:
D DIANE EMERSON
d CO Notary lull,, "Adansas
Crittenden County
Commission x 12350033
RECEIVED My Commission Espues Sep 30.2026
City Clerk's Offiee
Dateffime'-6l5_ 7� 3m rc i
By S o !�x
MEMO
From the desk of Frank Martin
Date: August 30, 2019
To: W M C Council
Re: Disbursements
Mr. Monday would like to distribute his portion for youth funds to:
$ 550.60 - L R Jackson Activity Center
$ 550.60 - Wonder City Boys Club
Frank Martin
Finance Director
****** Please add to the September 51' West Memphis City Council
meeting under "Permission to Pay"******
RECEIVED
City Cleric's qffipe
Da ime � b�-
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t
NOTICE
In the next few days, inspection crews working for the
West Memphis Utility Commission will be conducting a
physical survey of a portion of the West Memphis
sanitary sewer system. Workers will be accessing
manholes in order to 'SMOKE TEST sewer pipe
and locate defects in the system. The smoke that is
visible from the vent stacks on houses or holes In the
ground is NON-TOXIC, HARMLESS AND CREATES
NO FIRE HAZARD. The smoke should not enter your
home unless you have defective plumbing or dried up
drain traps. If you have seldom-used drains, please
pour water in the drain to fill the trap, which should
prevent smoke from entering. Drain traps should
always be filled with water to prevent sewer gases
or odors from entering the building. If the smoke
enters through faulty plumbing,the potential exists
for sewer gases to enter your home or
establishment and you should consult a licensed
plumber to fix the problem.
Some sewer lines and manholes may be located in
backyards. Whenever these lines require investigation,
members of the inspection crews will need access to the
sewer lines and manholes. These crews are RJN
personnel and will be identified with uniforms and
badges. Homeowners do not need to be home and AT
NO TIME WILL FIELD CREWS HAVE TO ENTER
YOUR BUSINESS OR RESIDENCE.
We anticipate the smoke testing will require a few days
in your area Your cooperation is appreciated. The
information gained from this study will be used to
improve your sewer services.
If you need special assistance or would like more
information, please contact one of the following
persons:
RJN Group
Joseph Colley (501)224-2248
West Memphis Utility Commission
AJ Elhaj (870)735-3355
rjn,., i
WEST MEMPHIS UTILITY COMMISSION
604 East Cooper
Phone: 870-735-3355
West Memphis, AR 72301
BID TABULATION SHEET FOR
2019 THREE SANITARY SEWER POINT
REPAIRS
Bid Opening and Reading: 10:00 AM Wednesday, September 5, 2019
Bidders Bid Amount o0
1. CHRIS-HILL CONSTRUCTION $ no, qls
2. DKB CONTRACTORS $ A/IA
3. ENSCOR, LLC $
4. WATER & WASTEWATER SERVICES $ N�
WEST MEMPHIS UTILITY COMMISSION
604 East Cooper
Phone: 870-735-3355
West Memphis, AR 72301
BED TABULATION SHEET FOR
2019 Re-Route Mid-America Industrial Park
Water Line
Bid Opening and Reading: 9:30 AM Wednesday, September 5, 2019
Bidders Bid Amount
1. WGteY Nnd I.JO.SiiWaleh $ I2ti , 2. '}D. o6
$ervzce$ LLC
3. $
4. $
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