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04/07/2022 MINUTES WEST MEMPHIS CITY COUNCIL April 7, 2022 A regular meeting of the West Memphis City Council was held on Thursday, April 7, 2022, at 1:00 p.m. in the City Council Chambers at City Hall 205 S. Redding, West Memphis, Arkansas. Invocation was given by Councilor Harris, followed by the Pledge of Allegiance led by Councilor Croom. Mayor Marco McClendon called the meeting to order at 1:00 p.m. City Clerk, James Pulliaum called the roll.Those present were Mayor Marco McClendon, City Attorney Michael Stephenson, City Clerk, James Pulliaum, and Councilors: Tracy Catt, Wayne Croom, Helen Harris, James Holt. Lorraine Mohammed, Willis Mondy, David Murray, and Charles Wheeless Present by Zoom was Gheric Bruce. Absent was City Treasurer, Charlie Suiter and Councilor Melanie Hutchinson Also present was City Finance Director, Tori Perry and Evening Times Reporter, John Rech. Quorum being present Mayor, Marco McClendon proceeded with the meeting. BID OPENING: WEST MEMPHIS UTILITIES- TREE TRIMMING- DAVID GOACHER Councilor Catt made the motion, seconded by Councilor Wheeless to accept the bids as presented and to refer them back to administration for distribution. Upon voice vote, voting was unanimous. PROCLOMATION: FAIR HOUSING- MARILYN PHELIX Community Development Coordinator, Ms. Marilyn Phelix read the Fair Housing Proclamation. Mayor McClendon declared April 2022, as Fair Housing month. MUNUTES: APPROVE OR CORRECT MINUTES OF March 17, 2022 Councilor Croom made the motion, seconded by Councilor Mondy to dispense with the reading of the minutes of the March 17, 2022, council meeting and to approve them as submitted. Upon voice vote, voting was unanimous to approve the minutes. OLD BUSINESS: NONE NEW BUSINESS: Councilor Mohammed made the motion, seconded by Councilor Croom to suspend the rules and to read R-1, 0-1, by title only. Upon voice vote, voting was unanimous. 0-1 AN ORDINANCE TO AMEND THE WEST MEMPHIS ZONING ORDINANCE 2591, ARTICLE 5, SECTION 5.1 TABLE OF USES, TO PERMIT THE USE OF "LABATORY, RESEARCH OR TESTING" SUBJECT TO THE APPROVAL OF A SPECIAL USE PERMIT IN THE FOLLOWING ZONING DISTRICTS SC-1, SC-2, IG, CC, UMU, DTMU AND DTMU-2 City Attorney Stephenson read the ordinance by title only. For the FIRST time. Councilor Croom made the motion, seconded by Councilor Wheeless to suspend the rules, and place the ordinance on its second reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only. For the SECOND time. Councilor Croom made the motion, seconded by Councilor Wheeless to further suspend the riles and place the ordinance on it third reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only. For the THIRD and FINAL time. Mayor McClendon asked for an amendment to the ordinance. The mayor said that they left out the word Memphis and should say West Memphis Councilor Catt made the motion, seconded by Councilor Wheeless, to add the word Memphis. Upon voice vote, voting was unanimous to amend the ordinance. Councilor Croom made the motion, seconded by Councilor Catt to approve the ordinance. Discussion followed. Councilor Mohammed asked Planning and Development Director, Paul Luker to provide an explanation of the ordinance. Mr. Luker said this ordinance is a use category and this ordinance would be to just amend the ordinance to permit the possibility of that type of use in the commercial district. Councilor Mohammed asked what kind of lab it would be and what type of testing would be conducted. Mr. Luker said that this ordinance addresses the text in the ordinance, the next case address what type of lab and testing it would be. Mr. Luker explained that the next case is what it pertains to, it will be a civil engineering lab and what they plan to do is test concrete and agriculture testing of cotton seeds and soybean seeds by heating them up and testing the viscosity of the oil to grade the oil. It will be done in small batches. Councilor Mohammed asked in what area the lab would be. Mr. Luker said it will be down Broadway and the interstate corridor and possibly along Ingram and 7th Street, basically in the commercial corridors Councilor Melanie Hutchinson logged into the council meeting by zoom at 1:12 p.m. Mayor McClendon called for a roll call vote. City Clerk, James Pulliaum called the roll, the roll call vote was as follows. YES: Bruce, Catt, Croom, Harris, Holt, Hutchinson Mohammed Mondy Murray, Wheeless NO: None ABSTENTION: None ABSENT: None With 10 yes votes, 0 No votes, 0 Abstention votes, 0 absent votes the motion to approve Passed. The ordinance was adopted and assigned No. 2601 0-2 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 110 MISSOURI STREET, PERMITTING A LABATORY FACILITY, ON THE DOWNTOWN MIXED USE-1 (DTMU-2) DISTRICT City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Mohammed made the motion, seconded by Councilor Wheeless to suspend the rules, and place the ordinance on its second reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Murray made the motion, seconded by Councilor Mohammed to further suspend the rules, and place the ordinance on its third reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Murray made the motion, seconded by Councilor Wheeless to approve the ordinance. Discussion followed. Councilor Croom asked Planning & Development Director, Paul Luker to come back up to explain if there would be anything that would be harmful to the public. Mr. Luker said that Mr. Smith from Smith Engineering was present in the audience and could better explain it. Mr. Luker explained that they would be breaking up concrete and heating it up to test the viscosity as well as testing agricultural products such as cotton seeds and soybean seeds, this would involve putting it in a pot and heating it up. The property was posted, and a public notice was published in the paper, and they received no opposition, and the Planning Commission approved the recommendations. The building will still have to meet building code and fire code for that type of use. Mr. Luker said nothing that council does today precludes any safety measures that would come afterwards Councilor Harris asked about the amount of chemicals that would be released in the air. Mr. Jim Smith of Sorrell Smith Engineers explained to council that the entire process will be done inside.a fireproof building, there will be no open flames, but the material that they will be using will generate ammonia and ether which is a flammable material. The material will be heated up in a hot water plate or hot plate but not near an open flame. Mr. Smith said it does generate a small amount of fumes from the vapors that will come out the roof of their building. Mr. Smith said they do have a ventilator system that will take it out of the building and exhaust it into the air. Councilor Mohammed asked if it would cause an unpleasant odor. Mr. Smith said no it would be just like cooking in your kitchen and their building is twenty feet tall and they have a filtered vitalisation system. Councilor Mohammed asked how many employees were working there. Mr. Smith said ten engineers and five in the lab. There being no further discussion. Mayor McClendon called for a roll call vote. City Clerk, James Pulliaum called the roll, the roll call vote was as follows. YES: Bruce, Catt, Croom, Harris, Holt, Hutchinson Mohammed Mondy Murray, Wheeless NO: NONE ABSTENTION: NONE ABSENT: NONE With 10 yes votes, 0 No votes, 0 Abstention votes, 0 absent votes the motion to approve Passed. The ordinance was adopted and assigned No,2602 0-3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 3501 E. BROADWAY, PERMITTING A CONVIENCE STORE WITH FUEL SALES, IN THE DOWNTOWN MIXED-USE 2 (DTMU-2) DISTRICT City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Croom made the motion, seconded by Councilor Mondy to suspend the rules, and place the ordinance on its second reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Harris made the motion, seconded by Councilor Wheeless to further suspend the rules, and place the ordinance on its third reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Murray made the motion, seconded by Councilor Harris to approve the ordinance. Discussion followed. Councilor Mohammed asked what was at the property before. Mayor McClendon said it is a vacant lot, previously it was hotel, but it has since been torn down this would be new construction and would be a definite improvement to the East end of town as well as generate jobs and revenue. There being no further discussion. Mayor McClendon asked for a roll call vote. City Clerk, James Pulliaum called the roll. The roll call vote was as follows. YES: Bruce, Catt, Croom, Harris, Holt, Hutchinson Mohammed Mondy Murray, Wheeless NO: NONE ABSTENTION: NONE ABSENT: NONE With 10 yes votes, 0 No votes, 0 Abstention votes, 0 absent votes the motion to approve Passed. The ordinance was adopted and assigned No. 2603 PERMISSION REQUEST: PLANNING COMMISSION RECOMMENDATIONS) SEE MATERIAL IN PACKETS) Councilor Catt made the motion, seconded by Councilor Croom to accept Planning Commission recommendations COMMITTEE REPORTS: POLICE DEPARTMENT: Councilor David Murray presented the highlights from the Police Commission meeting. The Police Commission met on April 4, 2022, Councilor Catt informed the commission that proposed raises from the previous meeting would be presented to the Budget committee in the future, he also suggested that the commission sit down and compose a plan addressing the need to upgrade and department's headquarters. Representative form the police Department reported that the body cams and radios have been taken care of. The department feels that this will reduce complaints, offer accountability from officers, strengthen convictions, boost community relations, and offer more transparency. They are also considering using the body cams un training to show proper/improper procedures.They currently have sixty-nine officers out of eighty-seven budgeted positions. They will have a hiring expo scheduled for Tuesday April 5, 2022, from 9 to 5 at the Eugene Woods Civic Center. There are two applicants interested in applying and walk ins are welcome. They are trying to get as many applicants prepared to attend the next class scheduled for May 1, 2022. They have also discussed considering revitalizing the reserve officer program.The commission also discussed a new training facility, the opening of the Southland Expansion and the need for police coverage and the fact that West Memphis is growing, and the Police Department must grow with it. PUBLIC WORKS: Councilor Mohammed presented the Public Works Committee report. The Public Works Committee met on April 5, 2022. Under Old business the committee discussed commercial dumpster rate increases. City Attorney Stenson has been given the information to prepare an ordinance outlining the commercial dumpster rates increase. It was recommended that a public hearing be held to allow business owners the opportunity to voice their opinion. Plans are to post the meeting notification in the five public polices approved by council. Utility building, City Hall, Library, County Clerk's office (Marion) and the Court House. Councilor Catt suggested that a CPI Consumer Price Index be placed in the ordinance so that when there is a cost of living increase the dumpster rates would also be increased. Public Works Director, Michael Bonner said the contract for Rubicon has expired, but he has been given permission to continue to operate under the old contract. The new contract has been reviewed by the City Attorney and Mr. Bonner has talked with Mr. Tyson of Rubicon, who has said that he is reviewing the contract and plans to get it back to City Attorney Stephenson this week or next week. Fleet Report: Front End loaders 2 operational 1 is down, Rear End Loader all 4 are operational, 1 Arm Bandit.2. are operational, Grapple trucks 4 are operational 1 is down. Recycle Report: 12,600 pounds (6.3 tons) were recycled, the city disposed of 820 tires. Mr. Bonner said he has ordered a camara to be placed over the dumpster to track the tire dumping. The committee also discussed the issues that the citizens are having with their garbage not being picked up because they do not have an extra garbage can to put overflow trash in. Councilor Bruce asked if the city has their grass cutting crew in place to manage overgrown grass. Mayor McClendon said the city grass crew has already begun cutting but asked the citizens that own property to please help by maintaining their properties. . BUDGET COMMITTEE: Councilor Croom presented the Budget Committee Report. The Budget Committee met on Wednesday March 31, 2022. The committee reviewed the March tax revenue from Southland Gaming &.Racing it was over almost $500, 000 dollars but that was down from January and February of this year. First quarter this year verses First quarter this time last year tax revenue is up by $110,000 dollars. Advertising and Promotion March tax was up over January,and February $237,000 dollars over fist quarter of last year. The combined tax of the city was close to 3 million dollars and was $282,000 overr first quarter of 2021.The committee discussed the City Clerks year to date financial report through November 21 and the City outstanding debt service remaining principal The commission recapped the American Rescue Act and its distribution;.of 2. million dollars to Economic Development, 2 million to expand Broadband, 2 million dollars to convert the cities communication system over to AWIN and the distribution of the balance of the ARCA money was.discussed. The committee talked about the:Act 229 money allowing for the $5,000 dollar stipend to be paid to certified law enforcement officers and taking the remaining Cares Act money to pay the taxes that would be incurred by distributing the $5000.00 salary stipend. The last item discussed was the State Mandate of the merging of the 911 Emergency call centers throughout the county. Councilor Hutchinson asked what the balance of the Cares act money was. Councilor Croom said it was $68,000 to $70,000 dollars. Councilor Croom said.that they will bring it back before council for approval once they have everything finalized' for approval.'Councilor Mohammed asked for confirmation that the officers would receive $5,000 if this approved by council. G Mayor McClendon wanted Council to know that Public Works Department just received their paint striper machine so they can begin striping the streets. ADVERTISING & PROMOTION: Convention Visitors Bureau Director, Jim Jackson presented the Advertising & Promotion report. The A&P commission met on March 16, 2022. The commission reviewed the financial reports. The commission discussed investing the excess revenue. The commission has purchased one 90-day CD for $250,000 dollars and plan to purchase three more over the coming year for total investment of 1 million dollars he is working with Finance Director, Tory Perry who is talking with Fidelity Bank about the investments The commission discussed the warehouse bids the low bid came in at $458,500. Dollars, the commission has decided to wait on moving forward with constructing the storage building. Civic Complex- Mr. Jackson has had conversations with Ladd Gary Architectural Firm regarding the cost estimates on the outside remodel, Mr. Jackson hopes to have the numbers by the next meeting. Mr. Jackson said he has met with-the people from Levitt Shell, and they are interested in partnering with A & P on future projects and festival type events. City Attorney Stephenson has looked over the proposal and there is only one issue with the MOU that needs to be addressed but expects that other documents will have to be reviewed once the MOU is executed. Small Restaurant Assistance Program-Mr. Jackson said the program has been well received, two restaurants have picked up applications and he is waiting on others to return their applications. The commission has been talking about doing something with the West Memphis Depot on Broadway the A&P commission is interested in helping with that project once they get a clear title on the property. Blues Off Broadway- The commission will be hosting the Blues of Broadway every Thursday in starting May 5, 2022, from 6:00 p.m. to 9:00 pm at the back area of the Eugene Woods Civic Center. There will be live entertainment and food trucks and it will be free to the public. MAYOR MCCLENDON'S OVERVIEW OF THE 2022 ARKANSAS MUNICIPAL LEAGUE WINTER CONFRENCE Mayor McClendon said he was immensely proud about the conference. The City of West Memphis was recognized for having the most delegates and staff in attendance for the 2022 Arkansas Municipal Conference there were a total of 23 people representing West Memphis. Trend Setters award awarded the City of West Memphis with the Arkansas Community of the Year for their Police Departments Park & Walk Initiative. We also received the 2021 Community of the Year Award for the work that they did during the Covid Pandemic. Mayor McClendon acknowledged Ms. Tawana Bailey, Kenneth Johnson, Dewayne Rose, Steve Jones, Tori Perry, and Nick Coulter members of the Covid task force for the City of West Memphis for all their hard work in ensuring that are citizens had all the supplies and information that they needed throughout the pandemic. Mayor McClendon said he was happy to report that currently there were only eight active cases reported. The city also received honorable mention for the West Memphis Library it was recognized as part of the Economic Impact Project.We had three members to obtain their Municipal Certification Councilor Charles Wheeless, Purchasing Agent, Kenneth Johnson and Sr. Deputy City Clerk, Patricia Lane as well as two people to receive continuing education City Clerk, James Pulliaum and Councilor Wayne Croom. We had two people to receive their certification in Grant Management Writing City Engineer/MPO Director Amanda Hicks and EMO Director, Dewayne Rose. To get more grants for the City of West Memphis, the mayor has created a Grant Writing Renovation Committee made up of EMO Director, Dewayne Rose, Finance Director, Tori Perry, Community Outreach Coordinator, Tawana Bailey, Purchasing Agent, Kenneth Johnson, Community Development Coordinator, Marilyn Phelix, Joel Johnson, City Engineer/MPO Director, Amanda Hicks and Steve Jones. All these individuals have some experience in grant writing experience. They have identified two projects that they would like to start with one is the AWIN system and the other deals with First responders' infrastructure and buildings. Plans are-to include the council members on the front end when they identify what they want to work on first and get councils input so that they can develop a plan on how to move forward. Mayor McClendon also announced that City Engineer/MPO Director,Amanda Hicks received a$200,000 dollar grant to purchase monitors that will help the city too identify where certain obnoxious odors are coming from. Mayor McClendon said this will not fix the problem, but it will enable them to identify the source of the odor and hopefully identify ways to address the problem. ANNOUNCEMENTS: EMO Director, Dewayne Rose Thanked all the Council Members for voting for the AWIN project he said when ever you vote for a project like that, not only are you voting for the project, but you are telling all the men and women in uniform that you value them and that you appreciate the work that they do and that they have the tools they need to do their jobs. Mr. Rose said the first grant is a nig one it is called the Port Security Grant the project will open on May 13. They will have a 30-day window to apply for the grant the closing date will be June 13. Mr. Rose, he believes that they have a great opportunity to get it, there is a million-dollar cap on the grant and they will be applying for the full million dollars, as far as all the components of the grant they meet all the criteria's with this project especially with their police and fire department protecting the port of West Memphis and how much thar associates with the port of Memphis so it all runs together. There are also grant opportunities that Motorola has. Mr. Gorga talked about the Emergency Management Performance grant and the homeland security grant program are .both funded through FIMA through the State Department of Emergency Management funds go to ADAM and then they disburse the funds. Mr. Rose has reached out to them because in both of those projects they list interoperable communications as a priority for funding, although he has spoken with a few people, who have said they would not be able to apply for it, but Mr. Rose said he is not taking no as an answer because he believes there are some opportunities that they should be able to get some of those funds, he plans to reach out to some other people to ask if it list interoperable communications scope why would they not fund it, another grant is the Urban Area Security Initiative is another area that they are involved in. They are a member Tennessee Urban Security area which is Crittenden, Tennessee, and Desoto County. UASFE keeps sending the money to New York, Los Angeles, Miami and places like that, nut the Director ofShelby County and they have had conversations about funding, and this is another project in the AWIN category that meets the interoperable scope for that work, more so because of the urban area that we live in, and this radio system brings all the surrounding counties in line. Mr. Rose said it is a worthy project if they can just get congress to fund UASFE again. The assistance to firefighter's grant and the Firefighters actively pursues UFG grants every year, this year was no exception and the firefighters have also applied for the safer grant and they are waiting on the announcement, to see if they will receive funds. Joel Johnson is actively working on the body worn initiative grant and the American rescue plan grant. They are monitoring grant sites daily and they are utilizing what they learned though the Arkansas.Municipal. League grant writing program, that he and Ms. Hicks attended and will rely on the resources through the Arkansas Municipal.League for direction. Councilor Bruce informed Mayor McClendon that he has received complaints from citizens regarding West Memphis Steel semi-trucks driving through 7th street and Richardson. Councilor. Bruce said they are damaging the streets and there is currently a posted sign that says no semi-trucks. Councilor Bruce is asking if someone could contact West Memphis Steel and make them aware of the problem as well as post additional signs. Councilor Bruce would also like the Police to write citations. Mayor McClendon said he would have additional signs put up and would be speaking to Chief Campbell to have the police Councilor Bruce said he has also received numerous complaints on the property at 205 S 18th Street. The neighbors have said that the house was boarded up, but it was brought to his attention that the owner removed the boards, and it is causing a nuisance to the neighbors by attracting rodents and the house is allegedly falling in. The mayor said he would inform Paul Luker and have one of the inspectors investigate it. Councilor Mohammed said what she would like seen done is to take the Cares Act money to pay for the Police officer taxes and let them receive a straight$5000.00 dollars. Mayor McClendon said that they would investigate it to see if it is feasible, but ultimately it will be the council's decision. Mayor McClendon said that the City of West Memphis was also recognized for being a smart city for the Rubicon system, Ms. Ananda Hicks received the reward. Mayor McClendon recognized Ms.Tawana Bailey who was awarded the Excellence under 40 awards. Mr. McClendon announced that on Friday April 8, 2022, at 10:45 a.m. they would be giving them a tour of the Southland Expansion and invited the council to attend. City Clerk James Pulliaum announced that on Saturday April 9, 2022, at 3:00 p.m. they would be having the Vietnam Veterans Program at the Eugene Woods Civic Center.Also, the Vietnam Veterans Memorial Wall will be on display in Crawfordsville, Arkansas it is open 24 hours, it is located by the old school in Crawfordsville. Mayor McClendon announced the West Memphis Police Community Engagement Unit will be having a City-Wide unity prayer at City Hall at 12:00 p.m. this is a new initiative to develop and foster relationships between the community, clergy, and the West Memphis Police department. APPOINTMENTS: NONE PRESENTATIONS: Fire Chief, Barry Ealy presented an award to Chief Patricia Roberts. Chief Roberts has served on the West Memphis Fire Department for over 29 years and in that time, she has held eight different titles and now holds the highest title bestowed on a woman firefighter as Division Chief. Chief Roberts was recognized for being a trail blazer, her hard work and dedication. CITIZENS REQUEST: Ms. Towanna Murphy came before council to speak on Project Let's Read. Ms. Murphy said last years program was a success and she expects to have more children this year and needs a bigger space. Ms. Murphy said she totally funds the program out of her own pocket and said if anyone would like to donate funds, they could contact her. Having no further business to,come before the City Council, Councilor Mondy made the motion, seconded by Councilor Croom to adjourn. Upon voice vote, voting was unanimous to adjourn. The meeting adjourned at 2:15 p.m. PASSED and APPROVED this 21 day of APRIL 2022. mllf4vt et, X-11;efer,e-uoia-L_ CO MCCLENDON MAYOR ATTEST: PULLIA , C CLERK Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk