01/23/24 MINUTES
WEST MEMPHIS CITY COUNCIL
January 23,2024
•
A regular meeting of the West Memphis City Council was held on Tuesday,January 23,2024,at
4:00 p.m.in the City Council Chambers at CityHall,205 S. Redding,West Memphis,Arkansas.
Invocation was given by Pastor Anthony King of Faith International Church followed by the
Pledge of Allegiance led by Councilor Wayne Croom Mayor McClendon called the meeting to
order at 4:00 p.m. City Clerk,Patricia Joplin called the roll.Those present were Mayor Marco
McClendon,City Attorney,Michael Stephenson, Council Members: Gheric Bruce, Tracy Catt, Wayne
Croom,James Holt,Melanie Hutchinson,Lorraine Mohammed,and David Murray. Absent were City
Treasurer, Charlie Suiter Jr.,Helen Harris, Willis Mondy and Charles Wheeless. Evening Times
Reporter Donald Wilburn was notified but was not present. Quorum,being present Mayor
McClendon,proceeded with the meeting.
Mayor McClendon said the January 18,2024,Council Meeting was rescheduled to January 23,
2024,due to the lack of a quorum.
BID OPENING:NONE •
MINUTES:APPROVE OR CORRECT MINUTES OF JANUARY 18,2024
Councilor Catt made the motion,seconded by Councilor Croom,to dispense with the reading
of the minutes of January 18,2024,Council Meeting,and to approve them as submitted.Upon
voice vote,voting was unanimous to approve.
OLD BUSINESS: •
3RD READING 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 THIRD and FINAL time.
Councilor Catt made the motion,seconded by Councilor Bruce to approve.Discussion
followed. Councilor Mohammed asked when it would take effect.Mayor McClendon said it
would take effect in 30 days.Mayor McClendon asked Planning Director,Chad Bowman to
give council an explanation of the ordinance. Mr. Bowman said that this would be a small
increase on several of the permit fees. The differential in the increase of fees was because there
was no differential in the amount of fees between residential and commercial fees.Mr.Bowman
said due to the increment weather they were not able to hold the public meeting on the
scheduled date and they have rescheduled the public meeting to January 31,2024,to allow the
public to express their concerns and that he is requesting that the council hold off on voting on
it until the next council meeting,so that they can follow the proper protocol. Councilor
Mohammed made the motion,seconded by Councilor Croom to table the ordinance until
February 1,2024.Mayor McClendon said he reviewed the fees and did not see a substantial
increase in the fees.Mr.Bowman said that the department has done their research in regard to
fees and found that they are leaving a lot of revenue on the table especially in the commercial
area with all the redevelopment and in the next six months they will continue to look at the fee
structure and present it to council to see what will be more beneficial for the city. Upon voice
vote,voting was unanimous to table the vote until February 1,2024.
2ND READING AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR
PROPERTY LOCATED AT KUHN RD/SERVICE RD.PERMITTING A 125 FOOT
MONOPOLE TELECOMMUNICATIONS TOWER IN A 1-1 LIGHT INDUSTRIAL
DISTRICT
City Attorney Stephenson read the ordinance by title only for the SECOND time.Mayor
McClendon said Attorney Butler Bernard representing Tillman Enterprises Infrastructure was
present in the council chambers at the January 18,2024,council meeting that was rescheduled
for lack of a quorum and is present today,but it was his understanding that Mr. Greg Ferris
was to have forwarded some information to the council for them to look at and asked had
anyone received anything. Attorney Butler Bernard said it was his understanding that Mr.
Ferris had sent a packet to the council but he himself had not seen anything and no council
member indicated that they had.Mr.Bernard said that Mr. Ferris was going to track it and is
asking if council would table the matter until February 15,2024. Councilor Catt made the
motion, seconded by Councilor Croom,to table the matter until February 15,2024.Upon voice
vote,voting was unanimous to table the ordinance until February 15,2024,meeting,where it
will be read for the third time.
NEW BUSINESS:
Councilor Mohammed made the motion,seconded by Councilor Croom to suspend the rules,
and read R-1 and R-2 by title only.Upon voice vote,voting was unanimous.
R-1 A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON
CERTAIN PROPERTIES FOR GRASS CUTTING, CLEANING LITTER/DEBRIS AND TREE
LIMBS;ETC.,CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO
ORDINANCE NO. 1385
City Attorney Stephenson read the resolution by title only. Councilor Mohammed made the
motion,seconded by Councilor Croom to approve the resolution.Discussion followed.
Councilor Catt said that he handed out a spreadsheet at the January 18,2024,council meeting
for council to look at on the list of properties. Councilor Catt said nineteen of those properties
have already been purchased. Councilor Catt made the motion,seconded by Councilor Croom,
to amend the resolution to remove the nineteen properties from the lien list that had been sold.
Discussion continued,Councilor Croom asked if they had reached a decision on changing the
length of time in the policy procedures that it takes to impose the liens on properties before the
properties are sold. Councilor Catt said they discussed the policy procedure issues but that they
did not have a quorum in which to make a decision.He said this is something that they will
need to discuss in the committee meeting and then work with the staff to see if they can get the
liens filed sooner,but there is a cost that will come into play.There being no further discussion.
Upon voice vote,voting was unanimous to approve the amendments to the resolution.
Councilor Catt made the motion,seconded by Councilor Bruce to approve the resolution as
amended,Upon voice vote,voting was unanimous to approve. The resolution was adopted and
assigned No.2295.
R-2 A RESOLUTION TO APPROVE THE PURCHASE AGREEMENTS BETWEEN THE
CITY OF WEST MEMPHIS ARKANSAS,AND JAMES HARRIS,AND AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY OF WEST MEMPHIS
City Attorney Stephenson read the resolution by title only. Councilor Croom made the motion,
seconded by Councilor Murray,to approve the resolution. Discussion followed. Councilor Catt
said that there is some wording in the sales contract that is past their date,and he felt that they
needed to schedule a work session to correct the dates on the purchase agreement and then the
mayor can inform the council on when the lots are acquired and what his plans are for either
developing the properties for rental or single family or multifamily units.Councilor Catt said
you are looking at roughly$300,000 to$350,000 thousand dollars.Councilor Catt said he is
hoping that they could get a grant from HUD to go ahead and purchase and do the grading
work to get the elevation up above the flood plain level and possibly work with a private
developer to come in and build.Mayor McClendon said they are looking into working with
private developers.Planning Director,Chad Bowman said he could look at the contracts and
amend the dates. He said the initial date was for them to sign an agreement and the second date
to actually close before January 31,2024,was the second date and if it was going to exceed that
date,they will need to change those dates and if Mr.Harris does not have a problem with it,
they will resign and extend those dates. City Attorney Stephenson said there was one date that
he saw of December 18,2023,that referenced something about an inspection and a couple of
others in December that he saw.Mr. Bowen said in reference to inspections they will not be
taking over any physical structures,they will possibly possess the property once they acquire it
and demo any structure on it.A lot of the structures have been determined to be uninhabitable
or are nuisance property.Councilor Catt said on the second page where it states all cash offer,
he is assuming that the date of December 31,2023,has been missed and asked if an unrelated
third party has written a letter guarantying payment of funds.Mr.Bowman indicated no.
Councilor Catt said that will need to be changed.He also said where it states closing cost
certified check or cashier check drawn on a financial institution. Councilor Catt said most
closings are done with trust check by whichever title company but that is not allowed in this 1
situation.The closing date specifies January 31,2024,but it also specifies all rents.He said the
tenants that are still living there will have to go through an eviction process which could take 30
days to 6 months. Councilor Catt said in assuming the properties,who is going to take the
responsibility of legal fees for the tenants to be moved from the property. On the second page
there is a survey that is supposed to be in by December 18,2023,and was not sure that they had
received a copy of the survey. Also,on the title it says celebratory title search report to be
delivered to the buyer and he was not sure if that had been done. It also talks about inspections
and the City Inspectors will do that and eventually they will be tearing the properties down and
remove them and that is where the January 27,2024,date comes into play and there is a
statement that says the buyer shall have until January 2,2024,and he was not sure if they had
provided a report to the seller on that particular clause.Mr. Bowman interjected that they only
did the document to present the agreement and they knew that they needed to go through the
regular process before they could impose anything or commit.They will need to get with the
City Attorney, and this is not the final sales document. Councilor Catt said this is a residential
purchase agreement and is not a tentative agreement to exercise options at certain times.Mr.
Bowman said that they could adjust the dates for a later date until they get all of the
information and get with the City Attorney to amend it or retitle it. Councilor Catt
recommended that they table it and rewrite it and go until March 1,2024,to get all the other
dates done and then actually approve the contract.Mayor McClendon asked if council decides
to go until March 1,2024,could they move forward with the process of asking the people that
live there to start looking for alternative living arrangements.He said they have been working
with the Housing Authority to get certificates for those individuals to be able to move,so that
they can move the process forward instead of waiting until the 31st.Mr. Bowman said he has
already spoken with Ms. Sheila Handy at the Housing Authority office about relocating
individuals that are living in the properties.Mr. Bowman plans to work with Mr.Harris to get
him the information,so that they can make applications to ensure that they qualify and get
proper housing by the time the process is over Councilor Catt said there is no question that
council has been looking at these properties over the past years and would like to see something
move forward,so that it can be developed but the only thing that concerns him is that it is a
residential purchase agreement.Ms. Hutchinson asked how many tenants would be impacted.
There would be 7 tenants impacted. Councilor Bruce asked if the people that live in those
homes,if they already have connections with the housing authority or do,they still have to do
applications.Mr.Bowman said two of the individuals are already on the list and are in the
process of receiving vouchers,The remaining 5 will be contingent upon availability and once
they get a census of those that require housing,they will go from that point but feels with a later
date he is sure that they will be able to find them housing. Councilor Bruce asked if these were
the trailers in that area.Mr. Bowman confirmed that they were. Councilor Bruce asked if the
city was going to purchase these properties and what their plans are for the properties.Mayor
McClendon said the plans are to purchase the properties,demo the trailers,and clear the area
out.They have been working with private contractors that want to build homes in that area.
Councilor Bruce said his understanding is the city will purchase the properties and then the
builders that want to build homes will purchase the property from the city.Mayor McClendon
said that is the plan.Mayor McClendon said it would be the council's decision on what the city
sales the property for. Councilor Mohammed's only concern is that the residents have a place to
live once they are relocated. Councilor Catt's concern is that there are 76 parcels, and the city
currently owns 7 so there are still 69 parcels and in order to develop you would want to own all
76 parcels and he is curious on how long it would take them to get to that point as well as you
might have to put 2 lots together to build a true single family home and with only owning 6 to 7
lots how much development can you do.He said if you were to buy everything at accessed
value you would be looking at roughly$350,000 dollars and how do we develop a public
private relationship with a developer to build single family units or duplexes that are home
ownership not rentals.He said he would rather have a work session to discuss where we want
to be in two years in order to make this dream become a reality.Mayor McClendon interjected
and said some of the properties were purchased by the Public Facility Board.The Durbin family
owns some of the properties and the Durbin family has already been developing homes in that
area. He said it would not be like the city is taking it all over. They are working with a
developer that has built one street already. Councilor Catt said that if they ran into the problem
of a resident not wanting to move into Public Housing then they would have to move toward
an eviction process and encumber eviction expenses. Councilor Catt said if they are going to
move toward developing the area,they might have to cross that path.Mayor McClendon said
that they had a recommendation to move this to March 1,2024,and between that time they will
have a work session to discuss how they want to move forward.He is asking his Planning
Department to reach out to the individuals to try and assist them with the process of obtaining
alternate living arrangements and to get the agreements corrected. Councilor Mohammed asked
how long the vouchers would be for.Mayor McClendon did not know how long the vouchers
would be for.Mr. Harris said when they started this process his goal was not to cause hardship
to the residents by throwing them out into the streets.Mr. Bowman said they are not looking to
cause another problem they are trying to create affordable housing not homelessness,but rather
or not the city was purchasing the properties or not the dwellings have been determined to be
uninhabitable and their goal should be to find safe and decent housing for these individuals
and in regard to how long they can stay on the subsidy it would be dependent on their
economic conditions,if a lot of them are seniors it will not change it would be perpetual and
they will get better higher quality housing.In other situations,there might be an opportunity
for families to improve their economic condition and have the opportunity to purchase
affordable housing and improve their lives.Mr. Bowman believes that they should do it in
phases and if they could get an area of consolidated lots whether it is 10 or 20 and start moving
in that area,they could stimulate development for the private sector and they might get private
developers that want to take part in development.Mr.Bowman said they already started the
West Memphis Housing Coalition they have held one meeting and the council chambers were
packed with people,and they will be hosting their second meeting on Saturday February 3,
2024,from 10:00 a.m. to 12:00 p.m. There will be local bankers and realtors so that they can be
part of the conversation for affordable housing.Their goal is to shift the dynamics of having
renters to home ownership.Mr. Bowman said research has shown that homeownership installs
a since of pride and reduces code violations,crime, and transients. This objective will not only
benefit West Memphians but will entice people to relocate to West Memphis. Councilor Bruce
asked if the goal were for the city to buy,build and sale the properties and if so,he would like
to see it done throughout the city as well.Mayor McClendon said the city had a program for
first time home buyers in the past called Hope Three that assisted first time home buyers with
qualifying to purchase a home.There being no further discussion. Councilor Catt made the
motion,seconded by Councilor Mohammed to table this until February 15,2024, and to contract
with a local title company so they can go ahead and keep moving this forward and get all the
information that Mr. Bowman needs showing that the properties are free and clear from any
liens and develop a private public partnership agreement where the city is going to participate
but will not be building the homes and council will make every effort to see that Mr. Bowmans
department has every access made available to them to get that done.There being no further
discussion.Upon voice vote,voting was unanimous to table until February 15,2024,council
meeting
Councilor Helen Harris and Councilor Mondy came into the council meeting at 4:24 p.m.
PERMISSION REQUEST: NONE
COMMITTEE REPORTS:
There were no committee reports presented at the meeting due to the new assignments. The
committees will be meeting in February to elect the chairman's and to set their meeting dates
and time and will inform the mayor and clerk's office.The Police Commission will meet after
the council meeting to set a date and time.
APPOINTMENTS:
Councilor Catt made the motion,seconded by Councilor Bruce to reappoint Mike Patel term to
expire 12/31/27 and Altoria Brisbon term to expire 12/31/2028 to the Advertisement and
Promotion Committee.Upon voice vote,voting was unanimous.
ANNOUNCEMENTS: NONE
Mayor McClendon said Councilor Bruce and Councilor Mohammed and Councilor Murray
approached him about two situations and he wanted them to know that they have addressed
the situation and given the individuals a grace period to take corrective action to bring the
properties into compliance,but they will follow up to ensure that they are compliant,or the city
will move forward with corrective actions.
•
Mayor McClendon is asking to meet with both council members that represent each ward to
discuss what they would like to see done in their wards.
Mayor McClendon said the Sanitation Department has done a great job adjusting to the new
schedule.The weather caused some issues this past week due to inclement weather with snow
and ice on the ground.They had to take the safety of the Sanitation crew into account,but they
are getting back on track.As well as the landfill closing up at 10:00 a.m.They had to dump a lot
of trash on the Sanitation lot in order to move forward to the next day pick up.
Mayor McClendon said the groundbreaking for the animal shelter was a great event.Southland
Casino blessed the City of West Memphis with 1.7 million dollars to build the new Ness and
Carolyn Seacrest Animal Shelter and Adoption Center. He is thankful for the private public
partnership with Southland and seeing it come to fruition. The Animal Control&Adoption
Center is much needed.He said Animal Shelter Director Kerry Facello and her staff have done a
wonderful job.
Mayor McClendon announced that on Tuesday January 29,2024,at 10:30 a.m. they will have
the official grand opening for the West Memphis Parks and Recreation Department located in
the old library building.
Councilor Bruce asked about the sidewalks that were supposed to be installed from 25th Street
and Polk.Mayor McClendon said that will be part of the Walkable West Memphis Plan through
the Metropolitan Planning Organization.They are moving to the next step and once the State
Metropolitan Planning Organization approves it,they will start to get funding.They will be •
installing sidewalks and redoing the streets from Wonder Junior High School,which is 25th
Street to 20th Street,there will be sidewalks on both sides of the street.They will be installing
sidewalks on the West Memphis Junior High School side.To ensure the children have a safe
walkway to the schools.
Mayor McClendon thanked Assistant Police Chief,James Prestley,Community Development
Brizendine,Special Ed Director Bowe, and Odell Slauter and Street Department for their hard
work during the ice storm as well as Pastor Josh Hall of First Baptist Church who opened his
door for a warming center. Councilor Mohammed thanked Faith International for opening their
gym to provide a warming center for youth during the inclement weather.Mayor McClendon
echoed his appreciation for all the work that Pastor King is doing for the children in West
Memphis.
Councilor Mohammed asked for everyone to be in prayer for her daughter that will be going
through surgery.Mayor McClendon said they will keep her uplifted in prayer.
CITIZENS REQUEST:
Ms. Erin Nave,Occupational Therapist and Ms. Carissa Tarkington,Spiritual Advisor and Kris
Brizendine,Special Ed Director came before council to speak on Project Neuro. Project Neuro is
a non-project organization that helps young adults between the age of 14 and 26 years in age
that suffer from trauma,behavioral problems with life skills,job skills,and to give them a
supportive community.Neurodiverse are individuals that interact with the world in a different
way than usual such as those with ADHD,Autism,Dyslexia,Depression.Anxiety,Trauma,
Epilepsy,or Tourettes. Project Neuro provides guidance and training for neurodiverse
individuals that enables them to develop and discover their talents,strengths,and further their
careers and hobbies. They are looking for individuals to sponsor or mentor young adults who
don't have the funds to participate in excursions,They are seeking expert volunteers to offer
I their advice for internet safety,navigation of community resources,educational counseling,
home economics and social etiquette.Project Neuro is located at First United Methodist Church
in West Memphis,Arkansas and they meet 3 times a month.They are 100%non-profit and will
be hosting a fund raiser on May 4,2024,Kentucky Derby Watch Party at the Civic Center to
raise funds and invite everyone to participate.They are looking for local businesses and the city
to partner with them to help provide funding to help sponsor children that do not have the
funds to participate in outings.
Having no further business to come before the City Council,Councilor Bruce made the motion,
seconded Councilor Murray,to adjourn.Upon voice vote,the voting was unanimous.The
meeting was adjourned at 5:00 p.m.
� a
.1 m
PASSED and APPROVED this 1ST day of February 2024.
( MARC MCCLENDON,MAYOR
ATTEST:
(Gum n
PATRICIA JOPLIN,CITY CLERK
Minutes prepared by,Patricia Lane,Sr. Deputy City Clerk