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02/02/2023 u, • MINUTES WEST MEMPHIS CITY COUNCIL February 2, 2023 A regular meeting of the West Memphis City Council was held on Thursday, February 2, 2023, at 1:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Councilor David Murray followed by the Pledge of Allegiance led by Sr. Deputy City Clerk, Patricia Lane, Mayor Marco McClendon called the meeting to order at 1:00 p.m. City Clerk, Patricia Joplin, called the roll. Those present were Mayor Marco McClendon, City Attorney Michael Stephenson, and Council Members: Gheric Bruce, Tracy Catt, Wayne Croom, ' James Holt, Melanie Hutchinson, Lorraine Mohammed, Willis Mondy, David Murray. and Charles Wheeless Absent were City Treasurer Charlie Suiter Jr, ' City Councilor Helen Harris, and Evening Times Reporter David Wilburn. Quorum being present Mayor McClendon proceeded with the meeting. BID OPENINGS: NONE MINUTES: APPROVE OR CORRECT MINUTES OF JANUARY 19, 2023. Councilor Catt made the motion, seconded by Councilor Holt to dispense with the reading of the minutes of January 19, 2023, Council Meeting and to approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS: I , 0-1 AN ORDINANCE TO ESTABLISH FEES FOR PERMITS AND INSPECTIONS AT RESIDENTIAL RATES AND COMMERCIAL AND INDUSTRIAL RATES WITHIN THE CITY LIMITS OF WEST MEMPHIS, ARKANSAS City Attorney Stephenson read the ordinance by title only for the FIRST time at the February 2, 2023, meeting. City Attorney Stephenson read the ordinance for the SECOND time by title only. Councilor Croom made the motion, seconded by Councilor Bruce to suspend the rules, and place the ordinance on its third and final reading. Upon voice vote, voting was unanimous. City Attorney.Stephenson read the ordinance for the THIRD and FINAL time by title only. Councilor Croom made the motion seconded by Councilor Wheeless to approve the ordinance. Discussion followed. Councilor Mohammed asked if the business had been notified the rates would be imposed upon them. Mayor McClendon explained that there was already an ordinance passed approving the rate increases and that this was just an attachment for the roof jobs that the city is doing. City Attorney Michael Stephenson said page 3 of the ordinance referring to remodeling, roofing rate increases is the only thing being added to the ordinance as an attachment. There being no further discussion. Upon voice vote, voting was unanimous to approve. The ordinance was adopted and assigned No. 2617 NEW BUSINESS: NONE PERMISSION REQUEST: PERMISSION TO ACCEPT THE HIGHTOWER PARK IMPROVEMENT PROJECT BID FOR 3.1 MILLION Councilor Mohammed made the motion, seconded by Councilor Croom to table , the permission request for the Hightower Park improvement project until they had the opportunity to get further explanation from the Parks Director, Lorenzo Parker. Councilor Catt was in agreement with tabling the request until the next scheduled City Council Meeting on February 16, 2023. Mayor McClendon was in agreement and said that he would make sure that Mr. Parker would be available at the next meeting. Upon voice vote, voting was unanimous to table. (Tabled until February 16, 2023). PLANNING COMMISSION RECOMMENDATIONS: Permission to accept Planning Commission recommendations for the Guaranty Loan & Real Estate project to accept Kroger Drive as a city street and to be able to sub divide some of the land to be able to bring in some potential commercial business. Councilor Croom made a motion, seconded by Councilor Holt with reservation to accept the recommendation from Planning Commission to accept Kroger Drive as a city street and to sub divide the land in order to attract commercial business and bring in more tax revenue. Discussion followed: Councilor Mohammed said that she had not had the opportunity to look at the documentation and there was no one from the Planning Commission to answer any questions and she would have to say no to the request at the present time. Councilor Hutchinson addressed the concerns previously voiced by Councilor Croom in pre council. Councilor Croom clarified that he did have some reservations with accepting the city taking ownership of Kroger Drive, since there are other streets within the city that were scheduled as part of an overlay project that had not been done. Councilor Croom said, however the potential to bring in other commercial business and revenue overrides his reservations and perhaps this would bring in more opportunities that the city hasn't gotten as well as it is a good location and high traffic area. Councilor Hutchinson asked had they defined what opportunities they would have before they actually made a decision on rather to approve this recommendation or not. Mayor McClendon said this area would be from Shoppingway to the Service Road, which is Kroger Drive and the land directly behind Kroger and between the bank on the south side and the land up to where the old Works location was that has not been developed. Councilor Croom said it is a prime location for development. Councilor Mohammed said she would need further information to be able to vote on it. Councilor Croom rescinded his motion. Discussion continued: Councilor Holt asked if the development would offset the cost to overlay Kroger Drive. Councilor Croom felt it would in due time. Councilor Catt said he could not definitively answer that question, but business do increase revenue. Councilor Catt said he provided a handout of the sectors of what the city receives in revenue prior to the council meeting that was put in council packets for them to review and retail sales is one of their largest revenues of sales tax providers. Councilor Mohammed asked if any of it was in the Marion School District. Councilor Catt said it is North of the diversion ditch, so the property taxes would go to the City of Marion School District and the sales tax would go to the City of West Memphis. There being no further discussion: Councilor Mohammed made the motion to table the request until further research could be done. City Attorney Stephenson said the motion to table overrides the motion and there was no need to resend the motion. Mayor McClendon asked for a roll call vote. City Clerk, Patricia Joplin called roll. The roll call vote was as follows: YES: Bruce, Croom, Holt, Hutchinson, Mohammed Mondy, Murray, Wheeless NO: NONE ABSTENTION: Catt ABSENT: Harris With 8 Yes votes, 0 No Votes, 1 Abstention, 1 Absent the motion to table the permission request passed. Discussion continued; Mayor McClendon said he would get with the applicant that submitted the request to the Planning Commission to get more information and then he would bring it back before the council. The mayor said he does not want to see them stop Guaranty Real Estate from the potential of creating commercial business for the city. The mayor said from his understanding from the discussion, the issue is not with approving the sub-division of the property but with taking responsibility for the street until they have an idea of what the business potential would be. (Tabled) COMMITTEE REPORTS: BUDGET: Councilor Catt presented the Budget report. The budget Committee met on Friday January 27, 2023, at 12:00 p.m. they did not have quorum.The committee members reviewed the sales tax data that was handed out to council prior to the council meeting. The city sales tax came in at $1,879,063.26 dollars over the budget. County was $244,506.22 dollars over budget and Southland was $1,445,350.54 over budget.$3,568,170.02 that have not been appropriated yet. Councilor Catt said his preference would be to go ahead and pay off the radio system instead of occurring more debt. The council will have to make a decision and they might want to have a special meeting so they can decide, so they can give the budget committee some direction on what they want them to do. The funds are non-restricted. The only restriction on Southland funds is that council allocate so much to go into the capital account and so much to go into the debt repayment account. Those funds have been set aside to make sure that they can buy the equipment they need and repay the debt they have with the remaining balance at council's discretion. APPOINTMENTS: Request for re-appointment for Frank Wagner to the Advertising & Promotion Committee. Mayor McClendon said to his understanding this should be an appointment that the mayor makes not the council. Mayor McClendon said the council approves the two council members on the A & P Commission and the one appointment of the chairperson is made by the mayor and the other people are approved by the body. Mr. Jim Jackson said that statute reads that the mayor makes the initial appointment of the member at large and after that any void in the commission is made by the commission with council's approval. Mayor McClendon asked for council to table it until the next council meeting until they get clarification. Councilor Mohammed made the motion, seconded by Councilor Mondy to table the appointment until the February 16, 2023, council meeting. Upon voice vote, voting was unanimous to table. (Tabled until February 16, 2023). PRESENTATIONS: NONE ANNOUNCEMENTS: Councilor Mohammed asked for the Police Commission to meet Monday February 6, 2023. Councilor Croom spoke on the bridges in Ward 3 the Redding Street Bridge has been out for over 3 years, Lehr Street Bridge right aways has been cleared and the bridge is to be replaced. The Rich Road Bridge was shut down by the State Inspectors and has been shut down for approximately 5 or 6 months and these are all main throughway to the city. The status on the Rich Road Bridge is that ARDOT has that bridge on their docket for replacement on the 80/20 list. The Redding Street bridge is not on their list He is not sure about the Lehr Street Bridge. Councilor Croom said he knows that the city is between hiring a City Engineer and MPO Director but feels that they need to let the citizens know the status. Mayor McClendon said they recently held a public meeting at the Civic Center where citizens from Ward 3 and surrounding areas were in attendance. They had the opportunity to listen to the citizens' concerns and inform them about what is happening in the city. Mayor McClendon said he understands their frustration with the Rich Road Bridge and that he himself is frustrated he lives in Ward 1 himself and Councilor Catt and Holt live in Ward 1. Mr. Ward Wimbish has contacted ARDOT. ARDOT informed Mr. Wimbish that they have completed over 30% of the design phase for that project and they are expecting to start in June of 2023 on that project, they will be going with a box covert. ARDOT has full authority over the bridges. The city does not have the money to spend 2 million dollars on one bridge. ARDOT is planning to build it the correct way, so that we do not have problems in the future, and they are asking the people to be patient. Mayor McClendon said he has not received information on the other two bridges yet. Mayor McClendon said in the past when they had a MPO Director there was talk about making a walking bridge. Councilor Wheeless communicated with him that the citizens in that area did not want that. ARDOT has not given them a number yet and if they have, they have not • confirmed it with them. It is also not because they have been between MPO Directors, because Mr. Ward Wimbish has been in communication with ARDOT and he understands that it has been sometime since the bridges have been down but sometimes they give priority to projects that have a greater since of urgency , not saying any project within the city is not urgent but it is the State that determines the highest since of urgency but he will continue to communicate with Mr. Wimbish to see if he can get a time when the repairs will be made to the other bridges and inform the public. Mayor McClendon said he personally would reach out to them to try and see what can be done because the safety of the children is important to him. Councilor Mondy asked about the 7th Street bridge and said that there was a hole in that bridge, he went to ARDOT, and they told him that they would have to send someone out to look at it. Councilor Mondy said the hole was so bad that the city crew went out and repaired it but it needs to be looked at because it is in need of repair. Mayor McClendon said he has hired a new MPO Coordinator, Ms. Rhonda Standridge who will be looking into some things that the city should have been reimbursed for. Ms. Standridge previously worked for the city as the City Engineers Assistant and the MPO Directors Assistant and is very knowledgeable and the previous MPO Director, Eddy Brawley will be providing assistance. Councilor Hutchinson asked about the bridge on Polk and 21st Street. Mayor McClendon said the State is getting ready to repair from 20th to 25th Street and they will be doing street repairs, bridge repairs and installing sidewalks all the way to the new school. The State is responsible for all repairs not the city and we are on their time schedule. The work is scheduled to start once it dries up. Mayor McClendon said a public meeting was held at the Eugene Woods Civic Center to inform the citizens of what projects they are working on. Utility General manager, Todd Pedersen informed them about the 32 million dollar that has been allocated to improve the wastewater system. Assistant Utility Manager Ward Wimbish addressed the;citizens concerns with the pump stations during the heavy rains where we got 5 inches of rain that caused flooding throughout the city. Mr. Wimbish explained that the pumps were operable during the storm and were monitored, but they cannot be turned on until the water reaches a certain level. Mr. Pedersen and Mr. Wimbish did an excellent job addressing the citizens concerns and listening to the citizens suggestions. EMO Director, Dewayne Rose also provide emergency management information to the citizens in attendance. Mayor McClendon said he also wanted to commend utility General Manager, Todd Pedersen and his staff during the recent ice storm for their quick response with power outages. The mayor also thanked Street Superintendent, Odell Slaughter, and his staff for salting most of the city street so the citizens could be safe. Councilor Croom said there was a power outage in his area and within an hour the utility department had it back on and we wanted to also thank Mr. Pedersen and his staff for responding so quickly. Mayor McClendon said that the city is all aware of the tragedy that happened, across the bridge in Memphis with Mr. Tyre Nichols, and it was truly an unfortunate incident. The mayor said once he received and viewed the full length video of the incident the first person he called was Councilor Mohammed because the City of West Memphis went through a similar situation 15 years ago. The Mayor said as parents we want our children to come home safe and he as a child can remember a conversation with his mother, reminding him to do what he was asked to do and always be respectful towards law enforcement. Mayor McClendon said reality is that this has always been a problem for our black community. This incident shows it does not matter if you are black or white you have to have police officers that have a heart and care for people as well as a conscious. As he watched the video and viewed the incident on the news, he was really effected by it. The mayor said that he has talked to many citizens and read the comments on social media, but the thing that touched him most, is when he talked to one of his officers and he was very upset and told him that they deal with these situations daily and this was not a black or white thing it was about doing the right thing. To see the young man being beaten, punched, tasered, kicked in the face, beaten with knight stick while in hand cuffs and no help at the end, he said to himself this is not the way that our police officers and first responders will ever act. Mayor McClendon spoke with Officer Ford who said that he and other officers put on the uniform and badge every day and come to work to do the right thing and because the actions of these five police officers, officers have been given a bad name. Mayor McClendon said he just received a text to let him know that a police officer in Memphis had been shot and wants them to know that West Memphis is praying for that officer. Mayor McClendon said he attended the funeral of Tyre Nichols and is praying for justice for the Tyre Nichols family, and he is praying for the safety of the West Memphis Police Officers who are the men and women who put their lives on the line every day. Mayor McClendon said we can move past this and is asking that the city be a better city and example and a beacon of light for everyone. CITIZENS REQUEST: NONE Having no further business to come before the City Council, Councilor Holt made the motion, seconded by Council Member Hutchinson to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:45 p.m. PASSED and APPROVED this 16th day February 2023. • MARCO MCC ENDON, MAYOR PATRICIA JOPLI , CITY CLERK Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk