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December 6, 2001MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 6, 2001 A regular meeting of the West Memphis City Council was held on December 6, 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 1:32 p.m. Jafus Rogers, Director of the Council of Friendship 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: Herman Coleman, James Holt, James Pulliaum, Tracy Catt, Gheric Bruce, Dr. C. W. Peeples, Al Felton, and Hubert Bass. Absent: Councilors Harold Thomas and Lorraine Robinson. Mayor Johnson declared a quorum present and proceeded with the agenda. Bids for Public Works Department -annual supply contract of concrete, gravel and asphalt were opened at 1:00 p.m. and copies of the bid tabulation sheet (see attached) were presented to the city council. Councilor Peeples moved, seconded by Catt to refer the bids to Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. Mayor Johnson read and presented a Proclamation to Mrs. Lydia Beck, President of the local chapter of AARP on behalf of AARP. CITIZENS REQUESTS Arburt Robinson, Division Chief for the West Memphis Fire Department expressed concerns regarding the Assistant Chief position remaining unfilled. He said he brought this concern to the Fire Commission but they have not had a quorum present. He is concerned that this position and two others will not be filled due to budget restraints and if not filled that it will be dissolved. Reverend Raymond Shields, Sr. P O Box 5182, West Memphis, President of Delta Neighborhood Action Council- present on behalf of the citizens of West Memphis regarding issues of low to no income citizens in the area unable to pay their utility and gas bills. He asked the mayor and city council to find jobs in this area to help these citizens and also asked for their help and support with the relief fund set up at Union Planters Bank. He also reported the Delta Neighborhood Action Council has received a $1,000 mini-grant for the Martin Luther King Memorial Park to put in two walls and a statue and asked the mayor and council's support on this project also. MINUTES Councilor Coleman moved, seconded by Councilor Felton to approve the minutes of November 15, 2001 and the special meeting of November 29, 2001 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd reading of an ordinance establishing a Municipal Human and Civil Rights Commission to investigate and appraise at! 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 third and final time. Councilor Pulliaum moved, seconded by Councilor Bass to adopt. Lengthy discussion was held regarding this ordinance. City Attorney Peeples was asked if the ordinance had been referred to the Attorney General like the original ordinance and if there were legal issues with this one. City Attorney Peeples stated the revised ordinance had not been sent to the Attorney General's Office simply because they ', did a rather thorough discussion on the Ariginal . There has been some changes made to the revised version that creates some procedural questions. He pointed out some of those questions. Councilor Pulliaum moved, seconded by Councilor Coleman to table the ordinance until such time as the city attorney and the author of the ordinance can get together and come to some agreeable terminology. Upon roll call vote, the voting was: L AYES: Coleman, Holt, Pulliaum, Catt, Bruce, Peeples, Felton, and Bass NAYS: None The motion carried. 2nd reading of an ordinance to redistrict the wards of the City of West Memphis, Arkansas, and for other purposes. City Attorney Peeples read the ordinance for the SECOND TIME. NEW BUSINESS Councilor Pulliaum moved, seconded by Councilor Coleman to suspend the rules and the titles only be read of all New Business with the exception of O-1 and O-2. Upon voice vote, the voting was unanimous. R-1 A Resolution to repeal Resolution 1658 regarding the authority of the City of West Memphis to enter into an agreement to participate in the Crittenden County Communications Center. City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Holt to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1724. R-2 A Resolution certifying the removal of litter, debris, unsafe/unsightly structures and other items from private property within the City of West Memphis. City Attorney Peeples read the Resolution. Councilor Catt moved, seconded by Holt to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1725. O-1 An Ordinance to change the terms for Aldermen from two years to four years and to provide that the Aldermen from each ward shall serve staggered terms and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Peeples moved, seconded by Coleman to suspend the rules and the ordinance be placed on its second reading. Councilor Felton stated his opinion was that people should have the opportunity to elect their aldermen every two years because they might not want you in for a four year term. Councilor Peeples stated all they were proposing was to put it out to a vote. Roll call vote: AYES: Coleman, Catt, and Peeples NAYS: Holt, Pulliaum, Bruce, Felton and Bass The motion failed. The Ordinance will be on its second reading at the next meeting. O-2 An Ordinance calling a Special Election in the City of West Memphis, Arkansas on the question of electing Aldermen to four-year staggered terms. City Attomey Peeples read the Ordinance for the FIRST time. Councilor Coleman stated they are not voting for them a four year term, each aldermen will have to go back to the people, this ordinance would get them out of a possible bad situation of having ten newly elected aldermen at one time. Councilor Pulliaum asked that a Public Hearing be held. Mayor Johnson to schedule a Public Hearing before the next City Council meeting. O-3 An Ordinance waiving competitive bidding for the retrofitting of the barge for use as the West Memphis Port Floating Dock, declaring an emergency, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Peeples moved, seconded by Felton to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Holt moved, seconded by Felton 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 Catt moved, seconded by Councilor Felton to adopt. Mayor Johnson explained this is funded totally under port grant funds at a cost of $778,250. Upon voice vote, the voting was unanimous. Councilor Peeples moved, seconded by Felton to adopt the emergency clause, section 2. Upon voice vote, the voting was unanimous. The ordinance and its emergency clause was adopted and assigned No. 2013. O-4 An Ordinance to waive competitive bidding for engineering services for the rehabilitation of the Jefferson Street Pump, declaring an emergency, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Catt moved, seconded by Felton 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 Catt moved, seconded by Bruce 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 Peeples moved, seconded by Councilor Holt to adopt. John Rimmer, General Manager of West Memphis Utility explained this 2/3 of the city's wastewater goes to this pump. Upon voice vote, the voting was unanimous. Councilor Catt moved, seconded by Bruce to adopt the emergency clause, section 2. Upon voice vote, the voting was unanimous. The ordinance and its emergency clause was adopted and assigned No. 2014. PERMISSION REQUESTS Councilor Catt moved, seconded by Councilor Peeples to give permission to follow legal proceedings to clean up property at 401 Balfour. Lengthy discussion was held. Mayor Johnson explained this property has been on our list off and on for years and the property owner has been given several extensions of time. As of today, pictures were made and very little progress has been made. George Blair, Enforcement Officer for the West Memphis Police Department reported both the properties at 401 Balfour and 207 E. Jefferson have been cited and in court several times, he has been fined and given probation and failed to comply. A motion to proceed failed at the last council meeting. Paul Luker reported they have received several complaints from neighbors that this property is health hazard and an eye sore. Roll call vote was as follows: AYES: Holt, Catt, and Peeples NAYS: Pulliaum, Bruce, Felton and Bass ~r Councilor Coleman passed. The motion FAILED. Councilor Peeples moved, seconded by Councilor Bruce to give permission to pay B&8 Utility Contractors $72, 848.57 for Mound City Road water and sewer improvements. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Councilor Bruce to give permission to pay Freeland & Lemur Construction Company estimate #2 $65, 376.82 for South 9th utility and street improvements -Phase ll. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Catt, Chairman of Budget Committee reported budget hearings would be held at noon Monday, Tuesday and Wednesday of this week, next week and the following week. Requested all council members to be present. Councilor Pulliaum requested the track-hoe go to Shady Grove to clean out the ditches. Mayor Johnson to put it on the list. Mayor Johnson reported he had visited with Mr. Felty and that he had visited with Mr. Bond of the Drainage District on the possibility of getting the drainage ditches cleaned out. Mayor Johnson also reported on flood that hit last week and that according to the National Weather Service we received 6.4 inches of rain in a 24 hour period. This was the heaviest rain fall we have had in that period of time in 50 years. In 1987 we had our last large flood which 650 homes F flooded. In 1990-91 the decision was made to initiate a drainage program. Since the new drainage program, this flood, even with the rain fall the heaviest in 50 years, we had 50 houses with water in them. Congressman Berry toured the area last Friday and he advised the mayor and the press that Congress has appropriated 4 and 3/10th's million dollars to clean out the ten ', and fifteen-mile bayous and 1.5 million is due to be spent this coming year. Mayor Johnson commended the Street Department and Utility Department crews for manning the pumps 24hrs a day from Wednesday through Friday during the flood. Councilor Bass asked Councilor Pulliaum, since he made the motion to table the Human and Civil Rights Commission until they can work out some appropriate language with the city attorney, to work with the City Attorney because he does not negotiate with terrorists. Having no further business to come before the City Council, Councilor Hott moved, seconded by Councilor Coleman to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:35 p.m. PASSED and APPROVED this ~. r~~~ day ~f January, --2H2r ~~ 1 WILLIAM H. JOHN N, MAYOR '' ATTEST: ~. PHILL ,CITY CLERK Minutes prepared by: 1 Cindy Greenw , Sr. Deputy Clerk