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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 0 L U L p a ~ i+ r 0 o t n u y N O C 1~ Y I 'O z 0 U O w 0 w U z W U W 3 0 << O U U rn c h L p °' E ~ ~ •°_ u ~ m a°7 u C 3 ~ u ~ o ,~ ~ a N o ~ c v .~ oT ~ 7 ~ T O O =' ; U U ,~ ~ o U ~ t u~•~ rn ~ c 'c C ~ r ~• o u ~vc~ u u p W O O~ ~ O ammo n v o ; c ~. E o -° .. 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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