March 3, 2005MINUTES
WE8T MEMPHIS CITY COUNCIL
MARCH 3, 2005
A regular meeting of the West Memphis City Council was held on Thursday, March 3, 2005 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 Tom Hunter of the First Church
of the Nazarene offered prayer. Phillip Para, City Clerk called the roll. Those present were:
Mayor wlliam H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and
Councilors: Lorraine Robinson, Clarence Davis, Vickie Robertson, Ramona Taylor, Rev. Herman
Coleman, Marco McClendon, Helen Hams, James Holt, Harold Thomas, and Joyce Gray.
MINUTEB
Councilor Taylor moved, seconded by Councilor Hams to dispense with the reading of the
minutes of February 17, 2005 and approve as presented. Upon voice vote, the voting was
unanimous.
OLD BU81NE88
3rd Reading An Ordinance for the adoption of the Arkansas Plumbing Code 9~' Edition and
Arkansas State Gas Code 1995 Edition, which codes regulate the installation, alteration, and
maintenance of all plumbing within the City of West Memphis; providing a penalty for violations of
said code; repealing all ordinances in conflict with said code.
City Attorney Peeples read the Ordinance for the THIRD AND FINAL time. Counalor Harris
moved, seconded by Councilor Davis to approve the Ordinance. Upon voice vote, the voting was
unanimous. The Ordinance was adopted and assigned No. 2121.
VIEW BU81NE88
R-1 A Resolution approving a contract to sell Real Estate for Highway purposes between the
City of West Memphis and the Arkansas State Highway Commission regarding 0.68 Acxes, more
or less, and referenced as Job 110358, and authorizing the Mayor and City Clerk to execute the
contract on behalf of the City of West Memphis. (Tilden Rogers Park)
Councilor Robinson moved, seconded by Councilor Thomas to suspend the rules and
Resolution's R-18~ R-2, and Ordinance O-1 be read by title only. Upon voice vote, the voting was
unanimous.
City Attorney Peeples read the Resolution. Councilor Davis moved, seconded by Councilor
Taylor to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted
and assigned No. 1806.
R-2 A Resolution approving a contract to sell Real Estate for Highway purposes between the
City of West Memphis and the Arkansas State Highway Commission regarding 5, 510 Square
Feet, more or less, and referenced as Job 110483, and a temporary construction easement, and
authorizing the Mayor and City Clerk to execute the contract and the temporary construction
easement on behaH of the City of West Memphis. (North of Interstate on Airport Road to SB
Power Tools)
City Attorney Peeples read the Resolution. Councilor Davis moved, seconded by Councilor
Taylor to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted
and assigned No. 1807.
O-1 An Ordinance to waive compefitive bidding for engineering services for the construction
of a new disinfections system for the West Memphis Wastewater Treatment Plant, establishing an
emergency and for other purposes.
City Attorney Peeples read the Ordinance for the FIRST time and explained he drafted this
ordinance as waiving competitive bidding, but in reality, cities are prohibited from bidding
engineering services by virtue of a selection process set out in statutes. The Utility Commission
had conducted that selection process and recommended the firm of Fisher Arnold be selected.
City Attorney Peeples also said the Ordinance waiving competitive bidding also approves the
contract and gives the Mayor the authority to sign the contract. Councilor Thomas moved,
seconded by Councilor Taylor to suspend the rules and the Ordinance be placed on its second
reading. Upon roll call vote, the voting was:
AYES: Robinson, Davis, Taylor, Coleman, McClendon, Hams, Holt, and Thomas
NAYS: Robertson and Gray
The motion carried. City Attorney Peeples read the Ordinance for the SECOND time. Councilor
Taylor moved, seconded by Councilor Robinson to further suspend the rules and the Ordinance
be placed on its thins and final reading. Counalor Robertson said that she did not understand if
we were prohibited from bidding engineering services, why we were waiving competitive bidding.
City Attorney Peeples explained he was in a hurry and wrote it in ordinance form, but it could
have easily been written in Resolution form. He stated that the orclinance approves the contract
and authorizes the Mayor to sign it, and accomplishes the same thing as a Resolution would.
PAGE 2 MINUTES CITY COUNCIL MARCH 3, 2005
Upon roll call vote, the voting was:
AYES: Robinson, Davis, Taylor, Coleman, McClendon, Harris, Holt, and Thomas
NAYS: Robertson and Gray
The motion carried. City Attorney Peeples read the Ordinance for the THIRD AN FINAL TIME.
Councilor Taylor moved, seconded by Councilor Holt to approve the Ordinance. Roll call:
AYES: Robinson, Davis, Taylor, Coleman, McClendon, Hams, Hoft, and Thomas
NAYS: Robertson and Gray
The motion carried. The Ordinance was adopted and assigned No. 2122. Mayor Johnson
stated, for the record, that the emergency clause was attached, however, he was not asking for
its approval and it was to be scratched.
Next item on the agenda was the adoption of the Community Development Block Grant Final
Statement of Community Development Objective and Projected Use of Funds B-2005-MC-05-
0009. Councilor Davis moved, seconded by Councilor Holt to approve as submitted (copy
attached). Councilor Robertson asked why paragraph three said "The City Counal approved the
content of the Final Program at its regular meeting on December 16, 2004." Paul Luker, Director
of Community Development stated that if it is approved today, that date needed to be amended.
Councilor Taylor moved, seconded by Councilor Davis to amend paragraph three changing the
date of approval to March 3, 2005. Upon voice vote, the voting was unanimous. Councilor
Robertson asked if they were not going to do anything for public service money. Mayor Johnson
stated this was a situation they could come back and address later and amend if they saw fit. Ms.
Robertson stated she would like to see them do something, because the community
organizations do a lot that help the community. Councilor Robertson stated she did not believe
that it was a good use of CDBG funds to pay for a code enforcement officer and that the Police
Department should provide that service. Councilor Robertson moved, seconded by Councilor
Coleman to amend the Housing Rehabilitation funding of $100,000, taking out the $47,000 for
Police/Code Enforcement Officer, and move that money to Public Service and the remaining
$53,000 for Housing Rehabilitation. Upon roll call vote, the voting was:
AYES: Robertson, Coleman, Hams and Gray
NAYS: Robinson, Davis, Taylor, Holt and Thomas
Councilor McClendon voted as "present". The motion to amend failed. Roll call vote was held on
the motion to approve as submitted.
AYES: Robinson, Davis, Taylor, McClendon, Holt, and Thomas
NAYS: Robertson, Coleman, Harris, and Gray
The motion carried. (Copy attached)
PERMI881ON REQUE8T8
Councilor Thomas moved, seconded by Councilor Taylor to approve the Planning Commission
recommendations dated February 28, 2005 as presented. Upon voice vote, the voting was
unanimous. (Copy attached)
Councilor Coleman moved, seconded by Councilor Taylor to approve payment to Arkansas
Muniapal League for workman's compensation in the amount of $237,007.64. Upon voice vote,
the voting was unanimous.
Councilor Coleman moved, seconded by Councilor Holt to approve the disposal of 1999 financial
records as requested by Frank Martin, with Councilor Harris witnessing the destruction. Upon
voice vote, the voting was unanimous.
Councilor Taylor reported A&P Commission met and one of the things presented to them was
that the Kellogg Foundation had made a contribution to the National Trust for Historic
Preservation for funding. The five Delta Main Street communities are going to apply for this
funding for the Delta Initiative Project. Each of the five cities has to commit to $5,000 for match
funds. The A8P Commission recommended Mayor Johnson sign a letter of support for this
project. Councilor Taylor also reported the Commission is short one appointment from the City
Council to serve on the board. Councilor Taylor moved, seconded by Councilor Holt to nominate
Councilor Hams to the A&P Commission. Being no other nominations were made, voice vote to
approve Councilor Hams was unanimous.
Councilor Taylor moved, seconded by Councilor Coleman to approve additional allocations of
Charity Day funds from Southland as follows:
Councilor Davis - $300.00 to East Ark Enterprises, Councilor Holt - $200.00 to East Ark
Enterprises and $100.00 to West Memphis Boys Club, Councilor Robinson - $100.00 to Boy
Scout Troop 398, $100.00 to Chickasaw Council Boy Scouts and $488.59 to 15"' Street Child Car
Development Center. Upon voice vote, the voting was unanimous to approve.
PAGE 3 MINUTES CITY COUNCIL MARCH 3, 2005
CITIZEN8 REQUE8T8
June Simmons - 421 S. 14"' -Present to personally thank the Mayor and the City Coundl for his
assistance in getting a fence for Pathfinders at 208 W. Jackson. She stated the people they
serve could be endangered by the new apartment complex coming in at 210 W. Jackson. Mayor
Johnson was able to talk to the developers and got them to put a fence up around the majority of
the property. Ms. Simmons said they are still looking for a fence for the east side of their
property. Mayor Johnson to check to see who owns the property on the east side and see if they
might be willing to furnish the fence for them.
Jafus Rogers - 316 S. 21 ~ -Present with a great concern of lads of funding for after school
programs for our youth. He stated without assistance with funding, the Council of Friendship,
which he directs, would be in danger of dosing.
Coundlor Coleman recognized his wife of 36 years who was in the audience.
Having no further business to come before the City Coundl, Coundlor Taylor moved, seconded
by Coundlor Coleman to adjourn. Upon voice vote, the voting was unanimous. The meeting
adjourned at 2:20 p.m.
PASSED and APPROVED this 1 7 ~ day of March, 2005.
WILLIAM H. JOHNS ,MAYOR
ATTEST:
PHILLIP CLERK
Minutes prepared by:
Cindy Greenw Senior Deputy City Clerk
r ,Near Me
u r
CITY OF WEST MEMPHIcS
PLANNING AND DEVELOPMENT
205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303 • (870) 732-7520 • Fax 1870) 732-7650
MEMO
TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission Coordinator
DATE: February 28, 2005
RE: Recommendations from the regular scheduled Planning Commission meeting held on
Wednesday, February 23, 2005, to the Mayor and City Council, on Thursday, February 3,
2005.
I.) The City of West Memphis Planning Commission recommended to approve Re lat o
bacon Subdivision, A~.plication Case# SD-02-O5, for the property owner Mr. James Bacon, for
the property located at approximately 106 - 114 Masner Road. This plat contains 7.00 acres and
is Zoned I-1-E, Limited Industrial Extra-Territorial.
Approval is subject to the following criteria:
Provide construction materials to improve Masner road from Hwy 70 to North end of
property, and provide materials to repair and maintain street, as required by Crittenden
County Judge;
2. Add additional 10' of street right-of--way on plat.
An Equal Opportunity Employer
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WEST MEMPHIS, ARKANSAS
COMMUNITY DEVELOPMENT BLOCK GRAN'1,
ENTITLEMENT PROGRAM
FINAL STATEMENT OF COl~'IlVICTNITY DEVELOPMENT OBJECTIVES
AND PROJECTED USE OF FUNDS
B-2005-MC-OS-0009
Introduction:
The U. S Department of Housing and Urban Development (HUD) has designated
the City of West Memphis, Arkansas as an Entitlement City under the Community
Development Block Grant (CDBG) Program as authorized by the Housing and
Community Development Act of 1974, as amended. As an Entitlement City, West
Memphis will receive a specified amount of funds annually for use in carrying out a variety
of auspices of the CDBG Program. West Memphis will be entitled to receive the annual
grant so long as its performance is in accordance with statutory and regulatory
requirements of the CDBG Program and HUD. '
This Final Statement of Community Development Objectives and Projected Use of
Funds has been prepared by and is subject to modification through a process which affords
maximum public accountability and citizen participation. The Community Development
Agency of West Memphis conducted a public hearing on December 1, 2004 to receive
citizen recommendations on the scope of the CDBG Program. A second public hearing
was held on December 13, 2004 to allow citizens the opportunity to respond to the
requests for funding.
The Final Statement was prepared and made available to the public prior to its
being submitted to the Little Rock Area Office of the U.S. Department of Housing and
' Urban Development. The City Council approved the content of the Final Program at its
e ~,,r„~„d~eQ regular meeting on -``'"~-~';~`,"~~`. Moreover, copies of this Final Statement and any
3~3~ a ~ modifications thereto will be available at the offices of the Community Development
Agency of West Memphis, 205 South Redding Street, during normal business hours,
Monday through Friday.
The City of West Memphis looks forward to the Entitlement Community
Development Block Grant Program and hopes to continue providing meaningful site
improvements and various community development activities that are essential to
revitalizing our neighborhoods and providing benefits primarily for low and moderate
income persons within the community. The City recognizes that there are needs for
community development and public improvements in many parts of West Memphis and
that there are not sufficient funds available to satisfy all, or even a majority of these
acknowledged needs. The City continues to strive toward implementation of a well
conceived community development program that truly maximizes benefits for low and
moderate income persons and/or eliminates slum and blight and prevents the recurrence of
blighting influences.
Statement of Community Development Objectives:
The following community development objectives will be addressed through
implementation of the CDBG Entitlement Program.
1. To improve housing conditions available in the community, especially those
which provide housing for low and moderate income persons.
2. To provide for public facilities improvements including street and drainage
projects in areas which are concentrated with low and moderate income
persons.
3. To minimize displacement of site occupants through the carrying out of
projects and activities, recognizing that should displacement occur, technical
and financial assistance to relocate the displacee in replacement housing within
his/her economic means will be provided in accordance with the stipulations of
the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
Projected Use of Funds:
The City of West Memphis will receive $483,833 under the FY2005 Year CDBG
Entitlement Program. If less than this amount is received, the costs and scope pf the
projects described herein will be adjusted accordingly. An alternative would be to
eliminate all or part of one or more projects from the proposed program. If more than this
amount is received, the additional funds will be added proportionately to the line items
described herein where such funds will remain until or unless they are required for another
project activity.
The following activities have been designed and will be implemented within the
proposed FY2005 Program by the Community Development Agency based upon
previously approved and planned activities and citizen involvement. It is understood that
these activities may be revised in the future by the City Council of West Memphis,
Arkansas as a result of the continuing citizen participation planning process.
FY2005 Proposed Activities
* Public Facilities and Improvements:
Shady Crrove, Ford, Lincoln and Nash Streets
Engineering and drainage I street construction
Location: Shady Grove annexation area
Regulatory Citations:
Eligibility: 24 CFR 570.201(c)
National Objectives: 24 CFR 570.208(a)(1)
Funding: $ 230,000.
* Housing Rehabilitation:
Continuation of the housing rehabilitation program in which a maximum of
$20,000 is expended on the rehabilitation for elderly/handicapped low and
moderate income homeowners, and the
Police /Code Enforcement Officer to inspect for code violations and
enforcement of codes in deteriorating or deteriorated azeas when such
enforcement together with public or private improvements, rehabilitation or
services to be provided maybe expected to arrest the decline of the area.
Location: city wide
Regulatory Citations:
Eligibility: 24 CFR 570.202
National Objectives: 24 CFR 570.208(a)(3)
Funding: $ 100,000.
* Demolition and Clearance:
Demolition of vacant dilapidated structures and clearance of
structure and lot.
Location: city-wide
Regulatory Citations:
Eligibility: 24 CFR 570.201(d)
National Objectives: 24 CFR 570.208(b)(2)
Funding: $ 49,068.
* Public Service Grants:
Provide MATA bus service shelters for citizens.
Location: city wide
Regulatory Citations:
Eligibility: 24 CFR 570.201(e)
National Objectives: 24 CFR 570.208(a)(1)
Funding: $ 5,000
* Program Administration and Planning:
Administrative costs related to planning, oversight, management
and implementation of the program.
Location: not applicable
Regulatory Citations:
Eligibility: 24 CFR 570.206
National Objectives: not applicable
Funding: $ 96,765
* Fair Housing:
Contribution to the Community Housing Resources Board to
further fair housing efforts within the City.
Location: city wide
Regulatory Citations:
Eligibility: 24 CFR 570.206(c)
National Objective: not applicable
Funding: $ 3,000
Total FY2005 CDBG Program: $ 483,833
The previous items constitute the use of the CDBG funds as of the date of this
Statement. In submitting this Statement to the U. S. Department of Housing and Urban
Development, the City of West Memphis certifies that these activities have been selected
with maximum feasible benefits to persons of low and moderate income. The public
facilities improvements are all located in geographic areas that are comprised
predominately of residents of low and moderate income.
..•
Effectiveness:
The Final Statement of Community Development Objectives and Projected Use of
Funds has been prepared in light of the previous public hearings and input from members
of the West Memphis City Council. Citizens are invited to comment on this Statement by
sending their comments to the Community Development Agency of West Memphis, 205
South Redding Street, West Memphis, Arkansas 72301.
Copies of the Final Statement are available for public inspection and review during
normal business hours, Monday through Friday, in the Community Develapment Agency
offices.
Various recommendations and comments or suggestions that are made as a result
of citizen review of this statemeirt as appearing in the West Memphis Evening Times will
be forwarded to the City Council for the Council's consideration. The Final Statement
will remain in full force and effect for the duration of the CDBG Program, or until it is
modified or amended by the City Council.
As with previous Community Development Block Grant Programs, the
Community Development Agency of West Memphis will administer the CDBG Program
on behalf of the City of West Memphis.
William H. Johnson, Mayor
City of West Memphis, Arkansas