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August 2, 2001
MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 2, 2001 A regular meeting of the West Memphis City Council was held on August 2, 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 1:35 p.m. Prayer was given by Rev. Frederick Anthony of St. Paul Baptist Church. City Clerk Phillip Para called the roll. Those present were: Mayor William IL Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: James Holt, Harold Thomas, James Pulliaum, Tracy Catt, Dr. C. W. Peeples, Al Felton, Hubert Bass and Herman Coleman. Absent were: Councilors: Lorraine Robinson and Gheric Bruce. Mayor Johnson declared a quorum present. BTD OPENINGS Bids for Community Development Agency, South 9th Street Utility and Street Improvements - Phase II 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 Coleman to accept the bids and refer to the Community Development Agency for final disposition. Upon voice vote, the voting was unanimous. (See attached) Bids for West Memphis Utilities, handhelds for meter readers were opened and tabulated at 1:00 p.m. Copies of the tabulation sheet were provided to the City Council. Councilor Thomas moved, seconded by Councilor Peeples to accept the bids and refer to the West Memphis Utility Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) Mr. J. T. Miller had signed up concerning condemned property, but did not show. Councilor Bass asked City Attorney for clarification whether or not his secretary could type documents that he brings to his office. There was discussion regarding this matter. Councilor Pulliaum moved, seconded by Councilor Thomas to approve the minutes of July 19, 2001 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS Third reading of an Ordinance granting a Special Use Permit in a I-1, Limited Industrial Dlstrlct, to allow a Mulch Processing Facility at 25~ South 7th Street, West Memphis, Arkansas. Mayor Johnson stated there were 4 additional items that needed to be added to the conditions of this ordinance, being as follows: 1. Points of access shall be limited to {2) two that will align with Tyler and Harrison Street; 2. No access to Jackson Street; 3. All trucks must enter from the North and exit to the North on Seventh Street; 4. No access to Broadway. Councilor Pulliaum moved, seconded by Councilor Thomas to accept all 4 of the amendments to this ordinance. Upon voice vote, the voting was unanimous. 2 Councilor Bruce came in to attend the meeting at 1:45 p.m. City Attorney Peeples read the ordinance by title only, as amended, for the THIRD and FINAL TIlVIE. Councilor Pulliaum moved, seconded Councilor Holt to approve the ordinance, as amended. Upon voice vote, the voting was unanimous. The Ordinance passed and was assigned No. 1995. Third reading of an Ordinance granting a Special Use Permit in a C-2, Open Display Commercial District, permitting truck and trailer parking at 2509 East Broadway, West Memphis, Arkansas. Mayor Johnson stated this ordinance needs to be amended under Section 1 of the following conditions, delete "along OK Street", because OK Street does not touch this property. Councilor Felton moved, seconded by Councilor Thomas to delete "along OK Street". Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance by title only, as amended, for the THIRD and FINAL TIlVIE. Councilor Felton moved to approve the ordinance as amended. There being no second to that motion, the motion died for a lack of a second. Second reading of an Ordinance to regulate the use of fireworks in the City of West. Memphis, Arkansas and for other purposes City Attorney Peeples read the ordinance by title only for the SECOND TIME. Mayor Johnson stated this will be placed on the agenda for the next meeting for the third and final reading. NEW BUSINES Councilor Pulliaum moved, seconded by Councilor Holt to read title only on all new business. Upon voice vote, the voting was unanimous. O-1 An Ordinance calling a Special Election in the City of West Memphis, Arkansas, on the question of levying aone-half of one percent sales and use tax within the City of West Memphis, Arkansas, repealing Ordinance No. 1994 defining the term "Single Transaction ", prescribing other matters pertaining thereto, and declaring an emergency. Mayor Johnson stated there needs to be a date inserted in this ordinance. There was suggested the date of October 9, 2001 be inserted in this ordinance. Councilor Pulliaum moved, seconded by Councilor Felton to approve the date of October 9, 2001 to be inserted in this ordinance. Upon roll call vote, the voting was: AYES: Councilors Holt, Thomas, Pulliaum, Catt, Peeples, Felton and Coleman. NAYS: Councilor Bass Councilor Bruce voted as PRESENT. Mayor Johnson stated the date of October 9, 2001 will be inserted in this ordinance. City Attorney Peeples read the ordinance by title only with the date inserted for the FIRST TIlVIE. Mayor Johnson asked for a motion to suspend the rules and place the ordinance on its second reading. Councilor Peeples moved, seconded by Councilor Holt to place the ordinance on the second reading. Upon roll call vote, the voting was: AYES: Councilors Holt, Thomas, Pulliaum, Catt, Peeples, Felton and Coleman NAYS: Councilor Bass Councilor Bruce voted as PRESENT. Mayor Johnson asked the City Attorney to read the ordinance for the second time. City Attorney Peeples read the ordinance by title only for the SECOND TIlVIE. Mayor Johnson asked for a motion to suspend the rules and place the ordinance on the third and final reading. Councilor Peeples moved, seconded by Councilor Thomas to place the ordinance on the third and final reading. Upon roll call vote, the voting was: AYES: Councilors Hoit, Thomas, Pulliaum, Catt, Peeples, Felton and Coleman NAYS: Councilor Bass 3 Councilor Bruce voted as PRESENT. Mayor Johnson asked the City Attorney to read the ordinance for the third and final time. City Attorney Peeples read the ordinance by title only for the THIRD and FINAL TIlVIE. Mayor Johnson asked for a motion to approve the ordinance. Councilor Catt moved, seconded by Councilor Peeples to approve the ordinance. Upon roll call vote, the voting was: AYES: Councilors Holt, Thomas, Pulliaum, Catt, Peeples, Felton and Coleman NAYS: Councilor Bass Councilor Bruce voted as PRESENT. The Ordinance passed and was assigned No. 1996. Mayor Johnson asked for a motion to approve the emergency clause. Councilor Thomas moved, seconded by Councilor Peeples to approve the emergency clause. Upon roll call vote, the voting was: AYES: Councilors Holt, Thomas, Pulliaum, Catt, Peeples, Felton and Coleman NAYS: Councilor Bass Councilor Bruce voted as PRESENT. Mayor Johnson stated the Emergency Clause, Section 9, was approved. R-1 A Resolution setting the annual tax levy for general purposes at 2. D mills and for the Public City Library at 0.4 mills. City Attorney Peeples read the Resolution by title only. Councilor Catt moved, seconded by Councilor Peeples to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution passed and was assigned No. 1711. R-2 A Resolution setting the annual tax levy for the Policemen 's Pension and Relief Fund. City Attorney Peeples read the Resolution by title only. Councilor Pulliaum moved, seconded by Councilor Felton to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution passed and was assigned No. 1712. R-3 A Resolution setting the annual tax levy upon the assessed value of all real and personal property within the City of West Memphis, Arkansas, for the Firemen's Pension and Relief Fund. City Attorney Peeples read the Resolution by title only. Councilor Catt moved, seconded by Councilor Pulliaum to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution passed and was assigned No. 1713. R-4 A Resolution calling for the investigation of a complaint led April 19, 2001, by Councilor ~Iubert Bass and Lt. Michael Jiles in which it is alleged that a petition was circulated and signatures solicited at West Memphis Fire Stations by certain city (public) employees in violation of A.C.A. Section 7-1-103. City Attorney Peeples read the Resolution by title only. Councilor Pulliaum moved, seconded by Councilor Bruce to approve the Resolution. Upon roll call vote, the voting was: AYES: Councilors Pulliaum, Bruce, Felton, Bass and Coleman NAYS: Councilors Holt, Thomas, Catt and Peeples The Resolution FAILED. There was discussion among the City Council regarding this matter. PERMISSION REQUEST Budget Amendment -Councilor Catt stated there were some bookkeeping procedures and separating and making individual transactions from large transactions in the General 4 Fund. Councilor Catt moved, seconded by Councilor Thomas to approve the Budget Amendment. Upon voice vote, the voting was unanimous. Mayor Johnson asked permission to sign a Lease Agreement with the rodeo benefiting the Lions Club. Councilor Peeples moved, seconded by Councilor Catt to give permission to sign the lease. Upon voice vote, the voting was unanimous. Mayor Johnson stated Community Development Agency is requesting permission to destroy records dated 1993-1994 -Metro Planning Organization 1985-1994. Councilor Pulliaum moved, seconded by Councilor Felton to approve. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Councilor Felton to appoint Councilor Bass to watch the destroying of the records. Upon voice vote, the voting was unanimous. Mayor Johnson stated Arkansas Department of Economic Development will make a $75,000 grant to upgrade the railroad if we approved the ordinance for the Mulch Processing facility. Mayor Johnson asked permission to sign the application to receive the grant. Councilor Catt moved, seconded by Councilor Thomas to give permission. Upon voice vote, the voting was unanimous. Councilor Catt stated the Insurance Committee met and have several concerns about reports they are waiting on from Insurex. Councilor Catt further stated he will report to the council regarding this matter soon. Councilor Thomas stated the Utility Commission will meet Thursday, August 9th at 8:30 a.m. Councilor Coleman stated the Public Works Committee met. The committee has been discussing the purchase of equipment. Also, there is some confusion regarding the garbage pickup day and the trash pickup day. Sanitation Department will put out door flyers explaining this to the residents. They also approved the Overlay Program. Councilor Catt left the meeting at 2:17 p.m. Councilor Pulliaum stated the U. S. Postal Service will be accepting applications for jobs beginning August 6, 2001. ADJOURNMENT There being no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Thomas to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:20 p.m. PASSED and APPROVED this ~~ day of August, 2001. r~~ ~ ~ WILLIAM H. JOHNS ,MAYOR ATTEST: PHII,L CITY CLERK Min s prepared by: an to B. Smith, Jr. Deputy City Clerk FA`/, N0. SiU ~ is rb~`y .i un. 2~ ='~31 ~?: ~?='~1 F1 i 1'-F : y~lCE .. :2ECCP.DS DISPOSAL FORM uestec for the destruction of the ^ollowing Yeceres. f,~~~ro a1 is hereby req I as understood that the items liste3 describe Memphiseanddcha~esaictdzs- h~~,a erved their usefulness to t.^_e C~t~ of wes P i:r!uct'on is ;n compliance with applicable state statutes. Document ~ 7oc~ament Date of Type and Date T~t?e ~ Number(s) Docunent of Destructior. i - 1 Commu sty Development Block Grants B-83 - B-94 1983 - 1994 I etr politan Planning 0 ganization i i 1985 - 1994 i Date July 23, 2001 r ~ ::e ted by : ' .~ ~ 'Date ~ ~ ~ p :pro ed by (Mayor/City C Ln ) ~ ~'' Date /~ '" ~ ~ U~ _ D~_ t_ ~cti on Witness ~ lA der~:an} ' ~~~ ~/ Jim Pickens Interim Director June 29, 2001 Arkansas Department of Economic Development Honorable William Johnson :Vlavor City of West Memphis P.Q. Box 1728 West Memphis, AR 72301 Dear Mayor Johnson, ze Arkansas Department of Economic Development often partners with companies and ~mrnunities to share the cost of project needs. The Arkansas Department of Economic ~velopment will share the cost of project infrastructure by committing to the City of est Memphis a grant for up to $75,000 from the state Economic Infrastructure Fund IF) to be used for the A Action Mulch of Southwest Florida, Inc. project. The apartment's commitment is contingent on A Action Mulch creating 60 new full-time rmanent jobs. ~ e commitment is good for six months from the date of this letter. Please contact Rick ilkington or me at 501-682-5355 or via email at rpilkin~ton(a~1800ARKANSAS.com, f you have any questions. ~F ~ one c~~ror n cmre R~ck, A~ 5o~.se~. ~~2~ FAX 50.682 wvw. i-800-A sincerely, im Pickens Mr. Jim Eisenman, A Action Mulch of Southwest Florida, Inc. /rlp T2201 com -., A natural for business }, ~~ _.~ ~~ ~~E~KS OFFICE `~ `~ WEST MEMPHIS UTILITIES BID OPENING-08-02-01 ELECTRONIC METER READING INSTRUMENT INCLUDES THE FOLLOWING: 5 HANDHELDS CRADLE FOR 5 HANDHELDS OR MORE SOFTWARE FOR PC AND HANDHELDS THREE DAYS OF HANDS ON TRAINING ~, DATAMATIC 3600 K AVENUE PLANO, TEXAS 75074 RADIX CORP. 4855 WILEY POST WAY SALT LAKE CITY, UTAH 84116-2875 --T -~ ~~1 fO/(}~ J y --T 9th Phase II {East Harrison to East Jackson) Utility and Street Improvements Bid opening August 2, 2001 Base Bid Less Deduct No. 1 j '."i +~~ r r~~~y,r 'a °~fk it.J.+. t,: ~, ~.•~ ~~~~,~W . ~~';' ~ '",~~;. -~s.. b.~. .'.9 "..i~Y 1^~ W,r4, .~„~'F _ ~ _ '.4. Yv~ 4 ~. - - , R~q~e~t„`~~~dg~at Char~® ~~y es~ Memphis Fagg l EPA TMEN pec al. Funds -Sales Ta$' ~DATI~ -~.-. 7-2.6-U1 REQUESTED SY: Robert hunter ACCOUNT ;. ~ ;: ~Ut~NT'NO.~ ,. ~ lNO~EASE DECREASE' AMOt#NT `. 1• Tr n~f r''from ~erierai Fun 2~Q~~.3~'~3.~}p x ' l60 Q0C?~4~ CR Tr nsf ,: to S ~cia~, Fundy ~~:~1~=~9~-0(J ~ 160 0 QO br adw ` Revtalizatfan ' ~ 221i-.542-QO g, . 1$2 ~- 5.00 ~ ~ - e , ~ ' 1Y7-542-00 ., x 182 5,75.f~0 CR _. - , ~. E . Sa ari -~ Main St. Coordinator; 2211-401-00 - ~: 2g 00.0 Re it nt " 2211-404-OU Q~ fl: So ial . Securit 2211-405--00 7 Tn ura `ce~ - 2211-406-00 3 -' 2 Em la A.~tst. ,Pro ram. 2211-407-=00 - 2 0 Wa ker ~ Co ..... 221 -408- 0 - . Y EA N F REQUEST`. `~ `~ 1 4 of `Sales Tax to be ` used fir the Industrial Pa~~s aid Broadway, R~vitalf~.~-n. 2 ~ e Broad~ray RevitalizaC~.ari expenses from Economic D~velpp~ent C© .~'he ~~~ecia~. ~ , F E nd. r ~ „. :. ~ j O WOU EXPENt~tTURE'8E .FUNDED? `~ - . ` ,. j :~,, ' - ~ - ~~/ ~~ ~ ,; .APP OVfD ~~ .CWA1R --~_ $U~ ET AIM. _ -DATE ~~ ~MAY~ , :" ~ r.. ~ ~ ~UATE-~ ; 4 ' CHAl~iMAN~.-'6UE3GET~C0MM: DATE MAYOR . ~OATE E RKS: P - ~ E ~t 4 ~ - - j -° i i . W ~~ TE -- Ccounting 2, PINK -- Department 3. Y'ELLOVI~~~Cot~tttfttee ~n~es" ; ` ; i ~_. .. ~. ....~ 4 ~....y.~.~..~s.___. ____ _. ~____ _ _.~,.__. ~- ..~u.-.~.._._ _. __ .u ,~~_~~~__-_.~~,._~- _ { :+1~Ati~#~.h°. .~ . 1 ~r~,y t r . - ,. :~.., S .y~ R_~. _ . , _ _ I u .. y'.:i`. a ...~~ e ~ .-.--~-_.. qe~p .~ e ~ ~ ~,.~.e ,. .. ~ _ .. .~ c i:.l?y. .''.~~ . % .:. ~~ ~~ Request Far Budget Change . ~ r City Of West Memphis - PA TMEN DATE. REQUESTED BY: Street / Anf~al '` Contzol ?~-2b--t)1 Hobert Gunter: ACCOUNT ~ ACCOUNT NO: - INCREASE DECREASE AMOUNT S th N th Street 21I--SO _ll a EA N FO REQUEST: E , ; 1 3a 3 1V OW WOU EXPENDITURE BE FUNDED? ` g a i a ~" ` a1 AP 4YED: ~ CHAT AN --BUDGE M. 1~ATE :: YOR 'CtATE - ~ ~ - 1 a ISAPP OVED: .. { CHAIR A MAYOR UDG DATE. DATE j EM i ~. RKS: `, `. _~ { '3 . W ITE -- ccounting 2. PINK =...Department 3: YELLOW -..Committee Minutes.. .. _____ _..._~__.__ _ . _ _ __~..r~,._ _. _ _ .~. ~..__~ . _ . ,; t a. ~. { ,~ , ~~ ~ ~ :. v ~(equest For ~ud~et change ,; City Of 'IlVest Nremphis Page 2 ,~ f~ FAA THE ~ DATE ~ REQUESTED BY: S ecial Funds -Sales Ta~c ~ Polic 7-26-d1 ~ Robert G~xtt~~~ -, ACCOUNT ACCOUNT ND. ~t~fCREASE DECREASE AM~3~PtT 2. Sa ari s ; ~Y Re ire exit 7-4 4- 5o ial ~Secur~.t _, - Y ~ In ura `ce .. , `' . Em to ~ Ae s t . P x~+~ '~~ ~ Wo ker sCc~m M 3 In ust ial Park : - -- ~. ~~ ~ :~~ _ 4 Sm ' 11 ui ~~nt - , f er - E N FO REQUEST, .. _ y ., : •i 2 Mo e ~ 'oadway Revilatization expenses for Economic D$v~lopmen~tta .the 5pec'ia1 Fungi°. 3 Mo a ~' d~~ial Park expenses from `General FuACI to Special Fund« 4 Mo e F lice Equipment form General Fund tc~ Fo11ce Special` Fund.. ~ - O WOU EXPENDtTIJRE BE FUNDED? ~ ; ., .. ~~ APP CAVED: C ',qty ,- BU T C4[NM.: ' DATE ' Al'4R~ . :. f7A'~"~ i 3 ISAP E~ 4V~0:3; CHAt M D©ET COMM. DATE ' "MAYOR '~ ' DATE ~~ RE ARKS: ~. ~ ~ .~ . , ~. "~ ~ 1. TE ~- t Av~ountjng 2. PWK - Dep~u'tm$nt 3. YEI.t:~W W:~ ~~r#tee'hfi'u~utes . ', ` ,' !f.'~;a ,,~ itv-.h.«;~ `r'~..~~,`, a'~. APX ;? --.,... t _~_ ~R-~. .. .. ~. _... .. -~ "~"~"^i 7`~:i+am.~v ,. ~ .=YY~`'`'„'r ~ i 1 ' ~ .. ~; ~ ~ - - ~~ ~ ~~ ~ Re ues# FarBud et ~h~n a q 9 ~~ ~ ~ ~ ~~~ City C}f West M~mph~s 4 Page 3 ~ PA THE ,DATE RECIUESTED BY: unds S ~ eoial F 1-Zb-01 Robert Gu~tex ~; .; ACCOUNT ~' `" AC,C'411NT N0. INCREASE:.. DECREASE _; AhAOUNT , 1. ., ... ,. ; j -. f - ~ 3 < < 3 - ~` . - - 1 " .. EA ON.FO REt~UES~ , i 1, ~-~ ve r mainng funds fro~a Municipal Jail Caurt .costs to the Special Fund. - 3 E 2. P lica ~donatons from prior year moved. to Special Fund. 3. F re d nations from Ardor years moved ~o Special Fund. .~ r I 1 HO WOU EXPENDITURE B.E FUNDED? r C At~t -- B DG " T COMM.. DATE , ~ M " ~ ~ DATE r, ^~ ~, SA ROVED ""'`,.,., . ~ C AIRMAN UDCET CC?MM." DATE MAYOR DATE I RE ARKS: .~ . ,, ~~ ~ ~ ' - - ~ ~ ' K tt ~. a ~ ~I ._. . a I~I L. - 0 .i I - '. 1 1. H1TE { 2, PINK--Department 3. YEi1.OW~-C"rit~littee~lnt~tes Accounting " ~. y, ~,~ .s. ~.... - a.., o",,...3..rs ~.,,_a.- a _c.._ a....-._ ar .._.."._ _ -.., ~-... ".. i_ -_ _ ... - ~._.. __._.. ~. ~ __ .,__.u ..a._ ,S ::~.~ .,a .iJ