October 4, 2001MINUTES
WEST MEMPHIS CITY COUNCIL
OCTOBER 4, 2001
A regular meeting of the West Memphis City Council was held on October 4, 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. Brother William Gattis of the Eighth
Street Mission 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: Tracy Catt, Gheric Bruce, Dr.
C. W. Peeples, Al Felton, Hubert Bass, Herman Coleman, James Holt, Harold Thomas, James
Pulliaum and Lorraine Robinson.
Bids for lights for the West Memphis Park Commission were opened at 1:00 p.m. and copies of
the tabulation sheet were given to the city council. Councilor Holt moved, seconded by Thomas
to accept the bids and refer to the Park Commission for final disposition. Upon voice vote, the
voting was unanimous. (See attached)
CITIZENS REQUESTS None
MINUTES
Councilor Pulliaum moved, seconded by Councilor Catt to approve the minutes of September
20, 2001 as submitted. Upon voice vote, the voting was unanimous.
OLD BUSINESS
3rd reading of an Ordinance to rezone a 94.89 acre parcel in the City of West Memphis, located
at approximately 2209 East Polk from R-2, Low Density Residential to (PUD) Planned Unit
Development.
City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Thomas
j moved, seconded by Bruce to approve. Discussion was held from the council expressing
concern about the streets in the PUD remaining private streets which the developer would
remain responsible for the upkeep and repair of for fifteen years at which time they would have
to be dedicated to the city with council approval. Councilor Coleman moved, seconded by Bass
to table until they have a better understanding of the situation. Upon roll call vote, the voting
was:
~, AYES: Bruce, Felton, Bass, Coleman, and Pulliaum
NAYS: Catt, Peeples, Holt, Thomas and Robinson
The motion FAILED. Discussion continued.
Mr. Harold Buehler, project developer addressed the concerns of the council. He said he is
obligated to hold the property for 15 years because of government tax credits issued for building
the low to moderate income housing. Therefore the project will be policed by the IRS for 15
;years and the State of Arkansas for 20 years and is subject to inspection at any time. Councilor
Bass moved, seconded by Councilor Coleman to table this until the next city council meeting.
Upon roll call vote, the voting was:
AYES: Bruce, Felton, Bass, Coleman and Robinson
NAYS: Catt, Peeples, Holt, Thomas and Pulliaum
The motion FAILED. Discussion continued.
Councilor Felton stated, for the record, the city council had concerns about approving this PUD
due to the quality of the homes, the streets and the safety of the people living in the community.
Councilor Bass moved to table, but due to the lack of a second, the motion died. Roll call vote
~ was held on the motion to adopt the ordinance.
AYES: Catt, Peeples, Felton, Holt, Thomas, Pulliaum and Robinson
NAYS: Bruce, Bass, and Coleman
The motion carried. The Ordinance was adopted and assigned No. 2000.
2nd reading of an ordinance establishing a Municipal Human and Civil Rights Commission
(Quasi-Court) to investigate and appraise all conditions and practices of human and civil rights
and of personal dignity standards within the city's public agencies and to investigate all forms of
invidious discrimination, whether carried out legally or illegally, by public municipal agencies.
City Attorney Peeples read the Ordinance for the SECOND time.
NEW BUSINESS
Councilor Robinson moved, seconded by Pulliaum to suspend the rules and the title's only be
read of the remainder of the agenda. Upon voice vote, the voting was unanimous.
O-1 An Ordinance waiving competitive bidding for the purchase of the property at 3507 East
Polk.
City Attomey Peeples read the Ordinance for the FIRST time. Councilor Pulliaum moved,
seconded by Councilor Robinson to suspend the rules and the ordinance be placed on its second
reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance
for the SECOND TIME. Councilor Peeples moved, seconded by Coleman to further 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. Councilor
Pulliaum moved, seconded by Coleman to adopt the ordinance. Upon voice vote, the voting
was unanimous. The motion carried. The Ordinance was adopted and assigned No. 2001.
O-2 An Ordinance to waive competitive bidding for the purchase of the property at 3403 East
Polk.
City Attorney Peeples read the Ordinance for the FIRST time. Councilor Catt moved, seconded
by Councilor Peeples to suspend the rules and the ordinance be placed on its second reading.
Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the
SECOND TIME. Councilor Coleman moved, seconded by Catt to further 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. Councilor Pulliaum moved,
seconded by Robinson to adopt the ordinance. Upon voice vote, the voting was unanimous. The
motion carried. The Ordinance was adopted and assigned No. 2DD2.
Councilors Catt and Bruce left the meeting (2:10 p. m.)
O-3 An Ordinance to waive competitive bidding for uniform and laundry service to be provided
by Uniform Masters, and for other purposes.
City Attomey Peeples read the Ordinance for the FIRST time.
O-4 An Ordinance to waive competitive bidding for the purchase of motor fuel, and for other
purposes.
City Attomey Peeples read the Ordinance for the FIRST time.
O-5 An Ordinance to waive competitive bidding for the professional consulting services in
regulatory and other matters to be provided by A. J. Rowe and Associates, Inc., and for other
purposes.
City Attorney Peeples read the Ordinance for the FIRST time.
O-6 An Ordinance to waive competitive bidding for the professional consulting services in
regulatory and other matters to be provided by David ~Ison, and for other purposes.
City Attorney Peeples read the Ordinance for the FIRST time.
O-7 An Ordinance to waive competitive bidding for Economic Development Services,
approving a contract between the City of West Memphis and the West Memphis Chamber of
Commerce, and for other purposes.
City Attorney Peeples read the Ordinance for the FIRST time.
O-8 An Ordinance waiving competitive bidding on group health insurance and life insurance
for city employees with lnsurex, and for other purposes.
City Attomey Peeples read the Ordinance for the FIRST time.
O-9 An Ordinance to waiving competitive bidding on dental insurance, and for other
purposes.
City Attomey Peeples read the Ordinance for the FIRST time.
0-10 An Ordinance to waiving competitive bidding for a service agreement between Methodist
Health Systems, Inc., and the City of West Memphis, approving the agreement, and for other
purposes.
City Attorney Peeples read the Ordinance for the FIRST time.
R-1 A Resolution that provides for an eleven percent pay increase for the following West
Memphis utility Departments: Administrative Office "except General Manager'; Water, Sewer,
Wastewater Treatment, Meter, Plant Office, Engineering, and the Environmental Department.
City Attorney Peeples read the Resolution. Councilor Robinson moved, seconded by Holt to
table this ordinance, based on Ordinance 1069, referring it back to the Utility Commission.
Upon roll call vote, the voting was:
AYES: Peeples, Coleman, Holt, Thomas, Pulliaum, and Robinson
NAYS: Felton and Bass
(Councilors Catt and Bruce were absent from the vote) The motion to table carried.
R 2 A Resolution to dedicate the West Memphis Police Station at 626 East Broadway, West
Memphis, Arkansas in the name of Percy Hooper, refired Lieutenant of more than 30 years in law
enforcement experience and 15 years as a West Memphis Police Officer who has achieved
numerous commendations and an excellent community reputation and is known for his caring
and commitment to encourage and rehabilitate disadvantaged youth into productive citizens.
City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Coleman to
approve. (Councilor Catt returned to the meeting) Councilor Thomas stated this was the second
time this had been before the council and that he certainly did not have anything against Lt.
Hooper. However, he had a problem naming any building after any individual because there are
so many deserving. He then moved to table indefinitely. The motion was seconded by
Councilor Peeples. Roll call vote was as follows:
AYES: Catt, Peeples, Holt and Thomas
NAYS: Felton, Bass, Coleman, Pulliaum and Robinson
(Councilor Bruce was absent from the vote)
The motion FAILED. Councilor Robinson stated she voted against tabling indefinitely because
she has nothing against Lt. Hooper but she would like to see a list of his accomplishments before
she votes to name a building after him. Councilor Peeples stated he was not against the person,
he did not approve of naming buildings after people because there are so many deserving.
Councilor Catt stated he thought before a police or fire building was named after a fellow officer,
the officers should make a recommendation to the council and moved to table the resolution
pending a recommendation from the police officers. Councilor Holt seconded the motion. Upon
roll call vote, the voting was:
AYES: Catt, Peeples, Holt, and Thomas
NAYS: Bruce, Felton, Bass, Coleman, Pulliaum and Robinson
The motion FAILED.
Roll call vote on the motion to approve the Resolution was as follows:
AYES: Bruce, Felton, Bass, Coleman and Pulliaum
NAYS: Catt, Peeples, Holt, Thomas and Robinson
The motion FAILED.
R-3 A Resolution authorizing "Delta Consulting Associates" of 1212 East Polk, West
Memphis, Arkansas to redraw and make proposals to the City Council of West Memphis,
Arkansas; for the redrawing of the new wards for the West Memphis City Council.
City Attorney Peeples read the Resolution. Councilor Bass moved, seconded by Councilor
Pulliaum to approve. Lengthy discussion was held regarding there being a $3,000 charge for the
proposal when the state will provide a proposal at no cost to the city. City Attorney Peeples
advised the way the Resolution reads, there is no charge specified in the resolution, therefore the
city is of no obligation to pay anything if the resolution is adopted. He also stated any person or
group could submit a proposal to the City Council for consideration. Councilor Peeples moved,
seconded by Councilor Thomas to table the resolution indefinitely. Roll call vote was as follows:
AYES: Catt, Peeples, Holt, and Thomas
NAYS: Bruce, Felton, Bass, Coleman, Pulliaum and Robinson
The motion FAILED.
Councilor Bruce moved, seconded by Councilor Felton to amend the Resolution adding a fee of
$3,000. Roll call vote was as follows:
AYES: Bruce, Felton, Bass, Coleman and Pulliaum
NAYS: Catt, Peeples, Holt and Thomas
Councilor Robinson passed. The motion FAILED.
Councilor Bass moved, seconded by Councilor Felton to withdraw the Resolution and table
indefinitely. Upon roll call vote, the voting was:
AYES: Catt, Bruce, Peeples, Felton, Holt, and Thomas
NAYS: Coleman and Pulliaum
Councilor Bass voted as upresent" and Councilor Robinson passed. The motion carried.
PERMISSION REQUESTS
Councilor Thomas moved, seconded by Felton to approve the Planning Commission
recommendations dated September 28, 2001 and item #1 of the recommendations dated August
31, 2001 which was tabled until the adoption of companion ordinance on today`s agenda. Upon
voice vote, the voting was unanimous to approve with the exception of Councilor Catt abstaining
from the vote. (See attached)
Councilor Peeples moved, seconded by Catt to pay B&B Utility Contractors $114,069.53 for
pipes for water and wastewater services on Mound City Road. Upon voice vote, the voting was
unanimous.
Councilor Catt moved, seconded by Thomas to give permission to pay $292,184.43 to APAC for
the West Memphis 2001 asphalt overlay program. Mayor Johnson stated this was not the final
payment. Upon voice vote, the voting was unanimous.
Councilor Robinson moved, seconded by Thomas to give permission to pay $68,542.52 for
Broadway Revitalization Phase III. Upon voice vote, the voting was unanimous.
Councilor Pulliaum moved, seconded by Bruce to give permission for the mayor to sign
documents pertaining to Burlington Northern Railroad spur for A Action Mulch subject to the
approval of the lease by City Attorney Peeples. Upon voice vote, the voting was unanimous.
Councilor Pulliaum moved, seconded by Coleman to give Mayor Johnson approval to sign letter
stating the City of West Memphis has no objections to the issuance of Arkansas Development
Finance Authority Multi-Family Housing Revenue Bonds 2001 Refunding Series C for the
purpose of refinancing the loan for Pine Ridge Apartments. Upon voice vote, the voting was
unanimous.
COMMITTEE REPORTS
Councilor Coleman reported the Police Commission met and discussed many issues including
basketball goals to prevent kids from playing in the streets, getting additional radio dispatchers,
and how well the reserve program is doing. He also reported the chief voiced serious concerns
since the terrorist attack on September 11th. Also discussed was suggestions for certain
positions and salary's.
Councilor Robinson asked if the school crossing guards received the 3% cost of living increase
when the city employees received theirs. Robert Gunter to check on that for her.
Councilor Pulliaum voiced his concern with whether we are going to keep our radio dispatchers
or move to the county communication center because they desperately need dispatchers. Mayor
Johnson agreed with Councilor Pulliaum and stated they are looking to hire temporary help. City
Attorney Peeples reported a communications agreement was submitted to the county several
weeks ago with some provisions added to protect our employees implemented into that
agreement. Mr. Peeples stated he met with County Attorney Joe Rogers and he was to review
the agreement and it should be worked out soon.
Councilor Bruce reported he received some positive calls regarding the police department and
stated he appreciated their professionalism and courtesy.
Councilor Peeples reported the Advertising & Promotion Commission met twice in September so
they will not be meeting in October.
Councilor Catt reported since the documentation of a virus found in Memphis, he had received
two phone calls about finding dead blue jays in West Memphis and the County Health
Department has yet to come and pick them up. He requested Vector Disease Control do some
additional spraying this week. Mayor Johnson stated he had spoken with Allen with Vector this
week and they assured him they were going to stay on top of it. Mayor Johnson stated Vector
would pick up the birds.
Mayor Johnson stated he included information in today's packets regarding three re-
appointments and one new appointment to the Airport Commission. They are to be voted on at
the next City Council Meeting.
Having no further business to come before the City Council, Councilor Coleman moved,
seconded by Councilor Robinson to adjourn. Upon voice vote, the voting was unanimous. The
meeting adjourned at 2:45 p.m.
PASSED and APPROVED this _1 ~~ day of October, 2001.
WILLIAM H. JOHNSON, M OR
ATTEST:
PHILLI~CITY CLERK
Minutes prepared by:
~~ ~ A n _
Cindy Greer~+vood, Sr. Deputy Clerk
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••R4•NS~s
CITY OF WEcST MEMPKI~S
PLANNING AND DEVELOPMENT
205 S. Redding • P.O. Bax 1728 • West Memphis, Arkansas 72303 • (870) 732-7520 • Fax (870) 732-7650
.MEMO
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TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission Coordinator
DATE: August 31, 2001
!''~~!., RE: Recommendations from the regular scheduled Planning Commission meeting held on
Thursday, August 29, 2001, to the Mayor and City Council, on Thursday, September 6,
2001.
,, L) The Vest Memphis Planning Commission recommended to approve Rezone Annlication
'; C'ase# Z-OS-Ol , for the property owner Mr. Harold Buehler, to rezone the property located at
approximately 2201 E. Polk from R-2, Low-Density Residential to a Planned Unit Development,
for the construction of single family structures. Approval is subject to the following conditions:
1. Uses Permitted: In accordance with the R-2 Zoning District;
2. Bulk Regulations:
A. In accordance with the R-2 Zoning District with the following exceptions:
'; a. Maximum Number of Lots sixty-six (66};
b. Minimum lot width at building line forty (40) feet;
'; c. Minimum lot area 5,000 square feet.
3. Access and Circulation:
A. Dedicate and improve S.L. Henry in accordance with the subdivision regulations and
subject to the approval of the City Engineer,
', B. Dedicate and unprove Polk Street thirty (30) feet from center line in accordance with
the subdivision regulations and subject to the approval of the City Engineer;
AR Equal Opportunity Employer
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Planing Commission Recommendations
Auglust 31, 2001
page two
C. All private streets shall be designed and constructed to meet city standards subject to
the approval of the city engineer with a minimum of forty (40) feet of right-of--way.
A11 private streets shall be owned and maintained by a property oumer's association.
The property owner's association agreement shall be recorded prior to the approval of
the final plat. A note with the instrument number of the property owner's association
shall be on the final plat prior to its recording.
4. Sewer, Grading and Drainage:
A_ All sewer grading and drainage plans shall be subject to the approval of the
department of Public Works.
i'i, 5. Final Plat subject to approval by the West Memphis Utility Department in regards to
easements.
6. Reverse frontage lots shall be subject to approval by Planning and Development staff.
(ordinance .Prepared. )
II, The West Memphis Planning Commission recommended to approve Replat A~nlicaiton.
);
Car Mart Subdivision Case# SD-OS-Ol, for the property owner Mr. Tracy Evans, for the
property located at 1618 E. Broadway. This property is located in a C-2, Open Display
Cornimercial District and contains .94 acres.
BID TABULATION SHEET
FOR
OUTDOOR LIGHTING
October 4, 2001
BIDDER BASE BID NO. l BASE BID N0.2
American Li~htin~ $ ~ ~ ~ ~o ~'
~~ $ 3 ~ ~. ~ oZ,
yTri-State Li~htin~ LLC $ ~ ~J ~ ~}" J • ~ ~ $ 3 ~ ~3 . L7 C7
'En~bY-Gillette-Henderson, Inc. $ ~ • o~ $ 3$ ~ a~ • ~
~l 1~~. ~
Wholesale Li tiny, Inc. $ $ ~~ ~ a. ~ ~ ~~1,~
Curtis Stout, Inc. $ $
• $ag o~~.~ ~ 3 ~
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CITY OF W~eST MEMPKIcS
PLANNING AND DEVELOPMENT
~ 20.5 S. Redding • P.O. Box 1728 • West h1emphis, ,4rkansas 72303 • {870) 732-7520 • Fax (870) 732-760
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'~ MEri-~o
TO: Mayor William H. Johnson and City Council Members
FROM: Christine Byrd, Planning Commission Coordinator
DAVE: September 28, 2001
RE:' Recommendations from the regular scheduled Planning Commission meeting held on
'Thursday, September 26, 2001, to the Mayor and City Council, on Thursday, October 4,
200..
L) The West Memphis Planning Commission recommended to approve Re~lat A.~nlication
for estwood Acres Subdivision, Eighth Addi'ti'on. Case# SD-09-01, for the property owner
Gua~'anty Loan and Real Estate, for the property located at 605 - 801 Auburn Ave, containing
4.40" acres. This property is zoned R-l, Single Family Residential. Approval subject to:
1. Proper execution of all Certificates;
'; 2. Installation of grading and drainage improvements as required by the Department of Public
Works;
'; 3. Approval of the improvement plans by the West Memphis Utility Department as to
easements;
4. Instillation of improvements, as required by the City Engineer;
5. No fencing allowed on the 5 foot drainage easement at the rear of Lots 3 thru 14.
An Equal Opportunity Employer
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