August 7, 2003MINUTES
WEST MEMPHIS CITY COUNCIL
AUGUST 7, 2003
A regular meeting of the West Memphis City Council was held on August 7, 2003 at 1:30 p.m. in
the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor
William H. Johnson presided.
Mayor Johnson called the meeting to order at 1:30 p.m. Reverend Herman Coleman offered
prayer. Phillip Para City Clerk called the roll. Those present were: Mayor William H. Johnson,
City Attomey David Peeples, Councilors: Clarence Davis, Ghenc Bruce (late 1:35), Ramona
Taylor, AI Felton, Marco McClendon, Heenan Coleman, James Holt, Harold Thomas, James
Pulliaum, and Lorraine Robinson. City Treasurer Frank Martin was absent. Mayor Johnson
declared a quorum present and proceeded with the agenda.
BID OPENINGS
Bids for the West Memphis Utility Commission -Interactive voice response system equipment
were opened at 1:00 and copies of the bid tabulations were given to the City Council. Councilor
Robinson moved, seconded by Councilor Taylor to accept the bids and refer to the Utility
Commission for final disposition. Upon voice vote, the voting was unanimous. (bid sheet
attached)
MINUTES
Councilor Taylor moved, seconded by Councilor Felton to dispense with the reading of the
minutes of July 3, 2003 and the special called meeting of July 30, 2003 and to approve as
submitted. Upon voice vote, the voting was unanimous. The motion carried.
OLD BUSINESS None
NEW BUSINESS
Councilor Felton moved, seconded by Councilor McClendon to suspend the rules and O-1 and
O-2 be read by title only. Upon voice vote, the voting was unanimous.
O-1 An Ordinance to repeal Section 5.24.030 of the West Memphis Municipal Code and for
other purposes.
City Attomey Peeples read the Ordinance for the FIRST TIME.
O-2 An Ordinance to waive competitive bidding for repairs to three aerators at wafer
treatment plant, establishing an emergency and for other purposes.
City Attomey Peeples read the Ordinance for the FIRST TIME. Robinson moved, seconded by
Thomas to suspend the rotes and the ordinance be placed on its second reading. Upon voice
vote, the voting was unanimous. City Attomey Peeples read the orclinance for the SECOND
time. Councilor Felton moved, seconded by Robinson to further suspend the rules and the
ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous.
City Attomey Peeples read the Ordinance for the THIRD time. Councilor Thomas moved,
seconded by Taylor to approve. Upon voice vote, the voting was unanimous. The Ordinance
was adopted and assigned No. 2073. Councilor Taylor moved, seconded by Robinson to adopt
the emergency clause, section 2. Upon voice vote, the voting was unanimous.
Councilor Pulliaum moved, seconded by Councilor Taylor to distribute Southland Racing funds in
the amount of $136,864.77equally between the two boys clubs and the two girls clubs which was
$34,216.19 each. Upon voice vote, the voting was unanimous. Alderman Bruce arrived late and
abstained from the vote. City Attorney Peeples stated the City Treasurer is required to obtain the
financial reports from the clubs before the money can be distributed.
PERMISSION REQUESTS
Councilor Robinson moved, seconded by Councilor Taylor to approve the Planning Commission
recommendations as submitted. Upon voice vote, the voting was unanimous. Copy attached.
Councilor Davis moved, seconded by Councilor Taylor to approve payment of $56,336.67 to
OMI for the month of August. Upon voice vote, the voting was unanimous. The motion carried.
COMMITTEE REPORTS
Councilor Coleman reported the Police Commission met and declined the request from Bridget
Tumer, talked about reactivating the street crime unit, and reported there are three positions
open which should be filled real soon.
Councilor Davis reported Budget Committee met and discussed purchasing new police vehicles.
Bids are being advertised now and should be opened the 14th of August.
Page 2 Minutes City Council -August 7, 2003
Councilor Taylor reported Advertising 8 Promotion Commission met and reviewed advertising,
received a statement of Garification from the West Memphis Hospitality Association on their
position on the hamburger tax, and the Commission voted to make a request of our legislative
representatives to define prepared foods. They also reviewed a request from WMHA, which was
tabled in April, for advertising assistance. Matter to be brought back at their next meeting. They
also reviewed a request from the retailers for advertising assistance. Freedom Fest was
reviewed and staff estimated 6,000 people attended.
APPOINTMENTS
Mayor Johnson appointed seven new members to the Park Commission: Isaac Christopher,
Mickey Hooper, David Cook, Damn McCollum, Bert McCargo, Phillip Sorrell, and Ken Thomas.
Councilor Taylor moved, seconded by Councilor Pulliaum to approve the appointments as
submitted. Upon voice vote, the voting was unanimous.
CITIZENS REQUESTS
Linda Dudley, 515 N. 18th -present to request a special permit for the West Memphis Housing
Authority to have a carnival at their annual BBQ Cook-off in Odober. They had a carnival last
year and were not aware they needed a special permit in a residential zone. Discussion.
Councilor Robinson asked if their were complaints from the residents last year. Ms. Dudley said
their were a few, but they talked to them and now they are fine with it. Also they moved the
carnival behind Walker Street Grocery. Councilor Felton moved, seconded by Holt to grant the
request for a special permit for the carnival. Upon voice vote, the voting was unanimous.
Bridget Turner, 304 S. 31 ~ #88 -present to appeal the decision of the Police Commission, who
denied her claim twice, for a partial bridge she lost when she was arrested Odober 3rd. Ms.
Tumer stated she had her teeth in her hand when she was handcuffed and dropped them. She
said she asked the police to please let her get her teeth and they would not let her. She is asking
for a voucher payable to the place she bought them, in the amount of $468.00. Discussion was
held. Lt. Vaughn with WMPD came forward and stated he investigated the incident and Ms.
Tumer had her teeth in when she was booked at the Crittenden County Jail. Ms. Tumer said she
was arrested three days prior to this incident and that picture was taken September 28th. Lt.
Vaughn described the incident. Members of the council requested to see the pictures. Due to Lt.
Vaughn no having them with him, it was decided that members of the council would go by Lt.
Vaughn's office to look at the pictures, or call him and he will hand deliver them. They are to
make a decision on this matter at the next council meeting.
Mr. J. O. House -represented by Mike Everett, Attomey from Marked Tree, AR - Mr. Everett
stated he is representing the West Memphis Hospitality Association. Mr. Everett passed out two
sheets of paper to each councilman. He stated he was present to talk about Ordinance 2072 and
whether or not they are going to call an eledion. Mr. Everett stated he was informed by City
Attomey Peeples that they need not call an eledion because there was not a copy of the
Ordinance attached to the petition for referendum. Mr. Everett stated he read the law Mr.
Peeples cited, and referred to the copies he passed out, which in his opinion, indicated that the
ordinance is not required to be attached to the petition. Mr. Everett respect#ully asked the City
Council to set it to a vote and if it is to be challenged, he said there is a way to do it. He said that
since it has been certified by the City Clerk, it is up to the City Attomey to challenge it and leave
the legal issues to a court. Mr. Everett stated the West Memphis Hospitality Association is not
opposed to tax, they are opposed to the way the tax is being spent and therefore mounted this
challenge to it. Lengthy discussion was held. Mayor Johnson stated we have a legal opinion
that the petition has been denied, and when the petition is denied, the tax is being colleded and
in his opinion, the buses will continue until the courts rule otherwise. City Attorney Peeples was
asked for his opinion. Mr. Peeples stated he provided a copy of his opinion to the City Clerk and
they all should have received a copy. He said in his opinion, in which he and Mr. Everett
disagree, there is a state statute that requires to each referendum petition there has to be a copy,
and the word says "measure" ,and in his opinion that measure should be a copy of what is being
referred to the people. No such copy of the Ordinance was attached to the referendum petitions
that were filed in the City Clerk's Office. He said that was brought to his attention after the City
Clerk's Office had counted the number of signatures on the petition. After researching, he found
that the Supreme Court has held in cases where it is required to have a copy of that attached to
it, and if it is not done, it is called jurisdidional and mandatory and the proceeding is void. If the
something is void, it has no effed. If the referendum petition has no effed, than the ordinance
assessing the tax goes into effed and the 296 tax should be colleded.
Aubrey Simmons, 3505 Church -concerned citizen about the MATA bus service. He is disabled
and depends on the bus to go to the dodors office and places he needs to go for every day life.
Mayor Johnson stated the bus will continue to run until the courts rule otherwise.
Councilor Taylor reported we closed out our three year FEMA Projed Impad to look at mitigation
for natural disasters in West Memphis. With the $300,000 that we received from FEMA we did
architedural and engineering analysis of fourteen critical facilities in the city. Fire Station #2
mitigation construdion is being completed now. They will have an open house for the council to
be able to tour it. A grant was submitted and the West Memphis School District received
$800,000 grant to do mitigation at Bragg School. They are trying to complete by the time school
starts. Twelve more sites are prepared to go into grant funding.
Page 3 Minutes City Council -August 7, 2003
Having no further business to come before the City Council, Councilor Coleman moved,
seconded by Councilor Davis to adjourn. Upon voice vote, the voting was unanimous. The
meeting adjourned at 2:25 p.m.
PASSED and APPROVED this ~_ day of August, 2003.
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WILLIAM H. JOHNSON, MAYOR
ATTEST:
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PHILLIP ITY CLERK
Minutes prepared by:
Cindy Greenw d, Sr. Deputy Clerk
West Memphis Utility Commission
P.O. Box 1868 • 604 East Cooper
(870) 735-3355 • Fax (870) 732-7623
West Memphis, Arkansas 72303
INTERACTIVE VOICE RESPONSE SYSTEM
EQUIPMENT TO SET UP PQWER QUTAGE SYSTEM
08-07-03
MILSOFT UTILITY SOLUTIONS
7100 PLANTATION ROAD
PENSACOLA, FL 32504
SOUTHEASTERN TELECOM, INC.
1775 PYRAMID PLACE, SUITE 112
MEMPHIS, TN 38132
I02 9(o~,~a
An Equal Opportunity Employer
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C1TY OF WEcST MEMPHIcS
PLANNING AND DEVELOPMENT
205 S. Reddine • P.O. Box 1728 • Weft h1emphis, Arkansas 72303 • (870) 732-120 • Fax (870) 732-7610
MEMO
TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission Coordinator
DATE: August 1, 2003
RE: Recommendations from the regular scheduled Planning Commission meeting held on
Wednesday, July 30, 2003, to the Mayor and City Council, on Thursday, August 7, 2003.
I.) special Use Permit Application Case# SUP-02-03 -The West Memphis Planning
Commission recommended to take no action on Mr. Don Hickmans request for a Special Use
Permit, for the property located at 400 W. Broadway, to allow outside display in a C-1, General
Commercial District, allowing the sell and storage of ready built storage buildings. The
Commission also recommended that Mr. Hickman reapply if he decides to pursue the Special Use
Permit at a later time.
II.) Ferguson Industrial Park Plat Application Case# SD-06-03 -The West Memphis
Planning Commission recommended to approve the Ferguson Industrial Park Plat for the property
owner, Mr. Scott Ferguson, represented by Dennis Sorrell, Sorrell Consulting Engineers. This
property is located at approximately 701 Hwy 77, and is Zoned I-1, Limited Industrial District.
This plat contains two blocks: Block 1 contains 6.28 acres and Block 2 contains 10.25 acres.
Approval is subject to the following criteria:
Proper execution of all Certificates;
2. Approval of the City Engineer in regards to grading and drainage;
Approval of the improvement plan by the West Memphis Utility Department as to
easements;
4. Installation of improvements, as required by the City Engineer;
5. Subject to approval by the West Memphis Fire Department in regards to fire protection.
An Equal Opportunity Employer
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