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06/03/2021 I LEASE TURN OFF ALL CELL PHONES AGENDA WEST MEMPHIS CITY COUNCIL JUNE 3, 2021 PRAYER: PLEDGE OF ALLEGIANCE: V. F. W. CALL TO ORDER: ROLL CALL: BID OPENINGS: MINUTES: APPROVE OR CORRECT MINUTES OF MAY 20, 2021 OLD BUSINESS: 3RD READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR DEIBEL TOWING, PERMITTING AN AUTO WRECKER SERVICE IN AN 1-1 GENERAL INDUSTRIAL DISTRICT 3RD READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR SUNBELT CAR WASH SERVICES, PERMITTING A CAR WASH IN A C-1 GENERAL BUSINESS DISTRICT NEW BUSINESS: A RESOLUTION OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF NEWBERRY TANKS & EQUIPMENT, LLC TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION15-4-2706 (d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003) PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS AND TOWER VENTURES TVT.LLC (TABLED ON MAY 6,2021 AND MAY 20, 2021) COMMITTEE REPORTS: APPOINTMENTS: PRESENTATIONS: MAYOR MARCO MCCLENDON ANNOUNCEMENTS: CITIZENS REQUEST: JAMES PULLIAUM SPEAKING ON: I MINUTES WEST MEMPHIS CITY COUNCIL 06/03/2021 A regular meeting of the West Memphis City Council was held on Thursday, June 3, 2021, at 1:00 p.m. in the City Council Chambers at City Hall 205 S. Redding, West Memphis, Arkansas. Councilor Catt made the motion, seconded by Councilor Murray for City Clerk, James Pulliaum to preside over the Council meeting in the absence of Mayor Marco McClendon. Upon voice vote, voting was unanimous. Invocation was given by Councilor Harris, followed by the Pledge of Allegiance led by Councilor Croom. City Clerk, James Pulliaum called the meeting to order at 1:00 p.m. Sr. Deputy City Clerk, Patricia Lane called the roll. Those presents were: City Clerk, James Pulliaum, City Attorney Michael Stephenson, and Councilors: Gheric Bruce, Tracy Catt, Wayne Croom, Helen Harris, James Holt, Lorraine Mohammed, Willis Mondy, David Murray, and Charles Wheeless. Absent were Mayor Marco McClendon, City Treasurer, Charlie Suiter Jr., and Councilor Melanie Hutchinson. Quorum being present City Clerk Pulliaum proceeded with the meeting. BID OPENING: NONE MUNUTES: APPROVE OR CORRECT MINUTES OF MAY 20, 2021 Councilor Catt made the motion, seconded by Councilor Mohammed to dispense with the reading of the minutes of May 20, 2021, City Council meeting and to approve them as submitted. Upon voice vote, voting was unanimous to approve. OLD BUSINESS: 3rd READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR DIEBEL TOWING, PERMITTING AN AUTO WRECKER SERVICE IN AN I-1 GENERAL INDUSTRIAL DISTRICT City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Catt made the motion, seconded by Councilor Charles Wheeless to approve the ordinance. Upon voice vote, voting was unanimous to approve. The resolution was adopted and assigned No. 2579. 3rd READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR SUNBELT CAR WASH SERVICES, PERMITTING A CAR WASH IN A C-1 GENERAL BUSINESS DISTRICT City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Croom made the motion, seconded by Councilor Charles Wheeless to approve the ordinance. Upon voice vote, voting was unanimous to approve. Councilor Catt abstained from the vote. The ordinance was adopted and assigned No. 2580. NEW BUSINESS: Councilor Mohammed made the motion, seconded by Councilor Catt to read R-1 by title only. Upon voice vote, voting was unanimous. R-1 A RESOLUTION OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF NEWBERRY TANKS & EQUIPMENT, LLC TO PARTICIPATE IN THE TAX BACK PROGRAM (AS I L. AUTHORIZED BY SECTIONS 15-4-2706 (D) OF THE CONSOLIDATED INCENTIVE ACT OF 2003) City Attorney Stephenson read the resolution by tile only. Councilor Croom made the motion, seconded by Councilor Wheeless to approve the resolution. Discussion followed: Councilor Mohammed asked for a brief explanation of the resolution. Economic Development Project Manager, Mallory Darby said that Newberry is an existing industry that currently has 39 employees, and they are looking to hire 8 new employees with an average salary of$50,000 dollars each. The Tax Back program is administered through the state. They would have to apply through the state, and it must be endorsed through the local government by the city and county. Ms. Darby said what this will do is allow them to get refunds on sales and use tax for construction of the expansion for building equipment, machinery and all things involved with the expansion, so any sales and used tax paid to the state will be refunded through the state. Councilor Catt asked what the Capital Investment amount would be. Ms. Mallory said the Capital Investment would be a little over 1.2 million dollars. There being no further discussion: Upon voice vote, voting was unanimous to approve. The resolution was adopted and assigned No 2256. PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO SIGN AN LOI AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS AND TOWER VENTURES TVT. LLC Council Member Catt made a motion, seconded by Councilor Mondy to approve the permission request. Upon voice vote, voting was unanimous Discussion followed: Councilor Mohammed asked for an explanation on the tower. City Attorney Stephen said that this is a letter of intent to enter into an agreement with Tower Ventures for the Tower. The reason for the letter of intent is because there are a few changes they want to make regarding the perpetual easement agreement. City Attorney Stephenson said Tower Ventures have been agreeable with the changes that they have asked for. Council Mohammed asked if this was a new tower. City Attorney Stephenson said they are acting on a two-year option on the land and they are wanting to move forward. Council Mohammed wanted to know if they foresaw any more towers being erected. City Attorney Stephenson said he was unable to forecast that. Councilor Mohammed asked about being able to place a moratorium to prevent any other towers or would there be some legal ramifications. City Attorney Stephenson said there is some federal legislation that he has not read entirely that protects certain aspects of communication towers but that he believes that the purpose of this tower is to make communication better for the residents and others in the park area as well as future business. COMMITTEE REPORTS: NONE BUDGET COMMITTEE: Councilor Catt said that he met briefly last week with Finance Director, Tori Perry, City Treasurer Charlie Suiter Jr. and City Clerk, James Pulliaum. Ms. Perry just recently returned to work full time and has hired a new accountant. Since Ms. Perry's return, she has spent time catching up on somethings that she needed to address right away. They will be having a budget meeting the fourth Thursday in June and plan to have all the data current to present to Council to give them better idea of where the city stands right now. There are a few budget items they briefly looked at and will need to look at further. Councilor Catt said they might need to pass an ordinance calling for an item to be placed on the agenda for the 2022 general election. to clear up one item in the audit report. Councilor Catt did not feel it warranted a special election unless council wanted to call for a special election. Councilor Catt said they would have a better idea of what they wanted to do after they meet on the fourth Thursday. Once, they have a better idea they will bring it back before council for them to decide how they want to move forward. APPOINTMENTS: NONE PRESENTATIONS: NONE ANNOUNCEMENTS: City Accountant, Tori Perry introduced the newly hired City Accountant Spann Wilson Sr. Deputy City Clerk, Patricia Lane announced that all Elected Officials and individuals that expressed and interest in wanting to participate in the Arkansas Municipal League Conference from June 16-18 have been registered and they will be receiving a link to log in to the zoom conference by email. CITIZENS REQUEST: James Pulliaum requested to table his presentation to council Indefinitely. { Having no further business to come before the City Council, Councilor Croom made the motion, seconded by Councilor Harris to adjourn. Upon voice vote, voting was unanimous to adjourn. The meeting adjourned at 1:20 p.m. IL PASSED and APPROVED this 17, day of June 2021. ALL w ` l `' U04-1/4_ MARCO MCCLENDON, MAYOR ATTEST ULL ITY CLERK Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk I I I