March 1, 2001MINUTES
WEST MEMPHIS CITY COUNCIL
March 1, 2001
A regular meeting of the West Memphis City Council was held on March 1, 2001 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 Davis Moose of Rosewood
Methodist Church offered prayer.
Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City
Attorney David Peeples, City Treasurer Frank Martin, Councilors: Hubert Bass, Herman
Coleman, James Holt, Harold Thomas, Lorraine Robinson, Tracy Catt, Gheric Bruce, Dr. C. W.
Peeples, and A! Felton . Mayor Johnson declared a quorum was present and proceeded with the
agenda.
BID OPENINGS
Bids for the City of West Memphis sale of Fire Department equipment were opened and
tabulated at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council.
Councilor Catt moved, seconded by Councilor Peeples to accept the bids and refer to the Fire
Commission for final disposition. Upon voice vote, the voting was unanimous. The motion
carried. (See attached bid tabulation)
CITIZENS REQUESTS
Alan Pearcy, owner of business located at 3110 E. Broadway spoke against the proposed sales
tax increase. He expressed concern with West Memphis adding 1 % sales tax would put us
above Memphis sales tax, which could reduce retail sales in West Memphis.
Mary Kay Mosley, Present regarding property located at 207 N. 9th Street which she is involved
in an ownership of. She requested that it be removed from the condemnation fist that was
approved at the last council meeting. Mayor Johnson and the City Council advised Ms. Mosley
during the Pre-Council Session the bids would not be opened until the April 5th City Council
meeting and nothing would be done until then. Ms. Mosley to come back April 5th.
Vickie Robertson, Executive Director of DRED Foundation located at 1750 E. Broadway -She
came before the City Council last month to get approval of rezoning and re-plat of property. She
said she has been before the Planning Commission and everything she was told to do she has
done. Ncw when she is ready to pick up her re-plat, she was told the City Engineer, Eddie
Brawley, would not sign off on it because she had not filled in the ditch. She complained (#1)
that she was never told about~having to fill in a ditch and (#2) there was a ditch in front of "Car
Mart" which was adjacent to her. Mayor Johnson stated he had advised Ms. Robertson to contact
the City Engineer, Eddie Brawley and to bring her engineer, Dennis Sorrell, who is familiar with
the policy with her to this meeting. Mayor Johnson stated the City Council did approve the
Planning Commission recommendations. However, they do not include the approval of
easements, which have to be approved by the utility, nor do they approve drainage, which has to
be approved by the City Engineer. Mayor Johnson stated all developers are required to go
through the same procedure. Discussion continued. Councilor Catt stated two or three years
ago the city council adopted a flood control plan and every developer has to abide by it.
Councilor Pulliaum stated he thinks Car-Mart went in after the drainage ordinance was adopted
and they were not made to follow the same procedure so she should not have to. Pulliaum
moved, seconded by Councilor Bass for the City Engineer to sign off on the plat to let Ms.
Robertson go ahead with her project on the fact that Car-Mart was never made to put their
drainage in. City Attorney Peeples expressed concern with this action due to the fact they would
be amending the existing requirements in our drainage ordinance based on some precedence
involving a neighboring piece of property. City Attorney Peeples said they are establishing a
precedence doing this and also invalidating the drainage ordinance. Councilor Thomas moved,
seconded by Holt to table the matter. Roll call vote was as follows:
AYES: Holt, Thomas, and Peeples
NAYS: Bass, Coleman, Pulliaum, Robinson, Bruce, and Felton
Councilor Catt was absent from the vote. The motion to table FAILED. Discussion continued.
City Attorney Peeples asked for a clarification on the motion because they were asking the City
Engineer to do something contrary to what the ordinance says. Councilor Felton requested
Councilor Pulliaum amend the motion to include the City Engineer look into whether the other
property was allowed not to have to fill in the ditch, and if not, than they should also have to be
required to do so. Mayor Johnson agreed that if Car-Mart was not filled in they should have
been. Ms. Robertson stated that she was not asking for special service, that if Car-Mart was
made to fill in their ditch she would fill in her ditch. Councilor Pulliaum made a clarification of his
motion to ask the City Engineer to sign the plat, if he would, and allow Ms. Robertson to go
ahead with her project, due to the inequities next door. However, if the inequities next door get
corrected, Ms. Robertson is to fill in her ditch. The motion carried with a unanimous roll call vote
of the council.
MINUTES
Councilor Robinson moved, seconded by Councilor Holt to approve the minutes of February 15,
2001 as submitted. Upon voice vote, the voting was unanimous.
OLD BUSINESS
2nd reading of an ordinance granting a special use permit to Clyde Blaylock for the property
located at 1024 Missouri Street, allowing a plant nursery with outside sales and display in a C-1,
General Commercial District.
City Attorney Peeples read the Ordinance for the SECOND time. Peeples moved, seconded by
Thomas to suspend the rules and the ordinance be placed on its third reading. Upon voice vote,
the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL
time. Catt moved, seconded by Peeples to adopt the ordinance. Upon voice vote, the voting
was unanimous. The ordinance was adopted and assigned No. 1982.
2nd reading of an ordinance providing for the levy of a one percent sales and use tax within the
City of West Memphis, Arkansas; and prescribing other matters pertaining thereto.
City Attorney Peeples read the Ordinance for the SECOND time. Councilor Catt stated the city's
current sales tax can not maintain the city services that we now have even though sales taxes in
the city have increased 14.77 percent in the last four years, the cost of emergency services has
increased 58.93 percent. Pulliaum asked about setting up another public hearing. No date was
set, but are to try have a meeting before the third and final reading on March 15th.
NEW BUSINESS
R-1 A Resolution in support of Senate BiII 144 entitled "An Act to amend Arkansas Code 24-
8-307 to provide for eligibility of certain Municipal Judges for retirement benefits under a
Municipal Judge's Retirement System; and for other purposes"
Pulliaum moved, seconded by Robinson to suspend the rules and the title only be read. Upon
voice vote, the voting was unanimous. The motion carried.
City Attomey Peeples read the Resolution. Peeples moved, seconded by Thomas to approve.
Upon voice vote, the voting was unanimous. Pulliaum said for the record that no funds will
come out of the general fund, the funds come out of pension funds already fully vested. The
Resolution was adopted and assigned No. 1686.
R-2 A Resolution to amend Resolution 1685 recognizing Black History Month and the
contributions African Americans made to this country.
City Attorney Peeples read the Resolution. Robinson moved, seconded by Peeples to approve.
Robinson stated the reason she sponsored this resolution was because she felt and also heard
from several other people who felt Resolution 1685 was unfair to name only three people. After
discussion roll call vote on the motion was as follows:
AYES: Coleman, Holt, Thomas, Robinson, Catt, and Peeples
NAYS: Bass, Pulliaum, Bruce, and Felton
The Resolution was adopted and assigned No. 1687.
O-1 An Ordinance to approve retirement benefits as established by A.C.A. Section 24-12-120
for the position of City Attomey and for other purposes.
Pulliaum moved, seconded by Coleman to suspend the rules and the title of the ordinance only
be read. Upon voice vote, the voting was unanimous.
City Attorney Peeples read the Ordinance for the FIRST time.
PERMISSION REQUESTS
*,,,,
Pulliaum moved, seconded by Thomas to give permission for the Mayor to sign a contract
between the City of West Memphis and Brawley Consulting Engineers regarding the construction
of South 9th Street. Upon voice vote, the voting was unanimous.
Pulliaum moved, seconded by Thomas to add permission to pay Weatherlink $90,332.65 to the
agenda so we can receive a five percent discount. Upon voice vote, the voting was unanimous.
Pulliaum moved, seconded by Robinson to pay Weatherlink the sum of $90,332.65 for work
done at the Sewer Treatment Plant. Upon voice vote, the voting was unanimous.
COMMITTEE. REPORTS
Councilor Coleman reported the Public Works Committee met and discussed that the pumps
were turned on during the heavy rainfall just to check them and everything is working fine.
Police Commission met and discussed items of concern such as crossing guards at a private
school that is in the Marion School District and it was reported that fixed shifts were working out
fine. They also discussed the Police Policy & Procedures Manual was being updated by the City
Attomey. City Attorney Peeples reported it has been completed.
Councilor Thomas reported the Utility Commission approved the loan to the Airport Commission
and recommended the payments of the principal and interest be deferred for a period of up to
three years. Thomas moved, seconded by Robinson to approve the recommendation of the
Utility Commission. Discussion was held regarding the time period of the interest on the loan.
Pulliaum suggested they wait to be sure before they acted on it since there was no hurry.
Thomas withdrew his motion and Robinson withdrew her second. The loan to be discussed at
the next city council meeting.
Councilor Pulliaum reported the Fire Commission recommended the Mayor put everything but
hiring on hold for at least thirty days in the Fire Department so the Fire Commission can review
policy`s and procedures. Discussion. Catt asked what reason promotions needed to be held up.
Felton stated last year the Fire Commission agreed to look over the policy and procedures but
never did. Mayor Johnson stated we have a policy in effect and we have promotions people
have earned under that policy. Therefore he would take the recommendation under advisement
and will seek legal advice on this matter. Lengthy discussion continued regarding personnel
problems within the Fire Department.
Councilor Catt reported the first quarter reports from Insurex should be in by March 10th. He will
call all the council members to attend an insurance meeting to review these reports when
received.
Councilor Bass reported the Advertising & Promotion Commission met February 7th. The
Governor's Conference on Tourism will be held March 18th - 20th in Little Rock. He also
reported Dickens of a Christmas has been nominated for an award which will be presented
during the Conference on Tourism.
Councilor Bruce asked City Attorney Peeples if he had done the Resolution requested at the last
meeting encouraging the West Memphis School District to do what ever needed to remove
Marion School District from West Memphis. City Attorney Peeples asked that Councilor Bruce
get with him and let him know how he wants it worded.
Mayor Johnson vetoed the appointment of Leo Chitman to the Utility Commission done at the
last city council meeting. He read a written statement of his reasons for vetoing the appointment
which was filed in the office of the city clerk per ordinance 212. (Copy of written statement
attached)
After discussion, Councilor Felton moved, seconded by Councilor Pulliaum to over-ride the
Mayor's veto. Lengthy discussion was held. Roll call vote was as follows:
AYES: Bass, Coleman, Pulliaum, Bruce, and Felton
NAYS: Holt, Thomas, Robinson, Catt, and Peeples
City Attomey Peeples advised it requires atwo-thirds vote of the council. The motion FAILED.
During discussion it was determined that Loutelious Holmes would continue to serve on the
Utility Commission until a successor is elected and qualified for a term being from June, 2000
through June, 2003.
There being no further business to come before the City Council, Councilor Coleman moved,
seconded by Councilor Pulliaum to adjourn. Motion carved unanimously. The meeting
adjourned at 2:50 p.m.
PASSED and APPROVED this l ~}I~ day of March, 2001.
WILLIAM H. JOHNSON, AYOR
ATTEST:
PHILLI~-P~kR~C, CITY CLERK
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205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500
CITY OF WEST MEMPHIS
SALE OF FIRE DEPARTMENT
EQUIPMENT
MARCH 1, 2001
~.
BIDDER
erly Healthcare
rittenden Memorial Hospital
Medical
arion Fire Department
Life EMS
iverside Ambulance Inc.
TOTAL
$ No b~ d
S N~ b-d
S RZO t
$ ~o b~ d
$ a oo °~
An Equal Opportunity Empioya
February 16, 2001
MAYOR'S VETO
Pursuant to the authority of Arkansas Code Annotated Section 14-43-_504 and Section
2.6.060 of the West Memphis Municipal Code, as Mayor of the City of West Memphis,
Ar ansas, I hereby veto the West Memphis City Council's nomination and election of Leo
Cl~itman to the West Memphis Utility Commission.
DATED this 16th day of February, 2001.
WILLIAM H. JOHNSON OR
:~ ~~ ~ ~E1~/~E~D
CITY CLFAKS OFF1C~
DATE~1(r f p 1 ~''. 3 0 ~~
As we enter the beginning phases of electrical utility deregulation, many mistakes have
bec~me evident. One only has to look at California, and others in the west, to become alarmed
with what has transpired. Our local Utility could be affected in the same manner without proper
leadership. Never in our history have experience, stability and consistency been more important.
I have exercised the authority given to me by State law and City Ordinance to veto the
app intment of Mr. Leo Chitman to our Utility Commission. Mr. Loutelious "T" Holmes
curr ntly holds the position to which Mr. Chitman was appointed. I feel that Mr. Holmes is
tly qualified to continue holding this position, which he has occupied for eighteen
cons cutive years. Mr. Holmes has served not only our Utility extremely well, but has also served
our ity and State in an outstanding manner. Mr. Holmes has served on many local committees
and oards; he serves as our High School Principal; he serves on the MSCC Board; he has served
on rr~any State Committees and Boards; he has served as President of the Arkansas Activities
Asso~Ciation; and, he has been outstanding in all endeavors. Mr. Holmes served as Chairman of
?the [.~tility Commission for many years and served our Utility well. In the years Mr. Holmes has
serv~d the Utility, our City has received no rate increase. The last rate increase was in 1982. I
am e~tremely proud of this stability--19 years without a rate increase, and hope to continue this
type ~f leadership. The appointment of Mr. Leo Chitman to the Utility Commission is contrary to
the p~blic interest. I feel that Mr. Holmes is the qualified candidate to serve our Utility, so I have
vetoed the election of Mr. Chitman.
~~E~V~
CITY CLERKS OFFICE
DATE a. z- O ~ 8. 2 ~-~ ~N•''~
FROM ~~v~~ rl
William H. Johnson