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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 • t ~~•~ 4 ~ *** ti~ a S p • CI'~Y 0~ ~~~~' M~M~I~I~ 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