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February 21, 2002MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 21, 2002 A regular meeting of the West Memphis City Council was held on February 21, 2002 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 1:34 p. m. City Treasurer Frank Martin offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Treasurer Frank Martin Councilors: Lorraine Robinson, Tracy Catt, Gheric Bruce, Dr. C. W. Peeples, A/ Felton, Hubert Bass (late), Herman Coleman, James Holt, Harold Thomas, and James Pulliaum. City Attorney was absent due to being in court. Mayor Johnson declared a quorum present and proceeded with the agenda. Bids for Utility Department Tree Trimming were opened at 1:00 p.m. and copies of the bid tabulation sheet (see attached) were presented to the city council. Councilor Catt moved, seconded by Coleman to refer the bids to Utility Commission. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS No one signed up MINUTES Councilor Peeples moved, seconded by Councilor Robinson to approve the minutes of February 7, 2002 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd reading of an Ordinance to amend Section 4.7 of the City of West Memphis Personnel Manual regarding the Non-Uniform Pension Plan and for other purposes. Councilor Felton, as one of the sponsors of the ordinance, addressed the attempt made to fund this ordinance which is $65,000. Each department head was asked to fill out a form decreasing their department's budget by the 1 % to fund this year's portion of the pension increase however not all departments turned theirs in . Councilor Felton moved, seconded by Councilor Coleman to table indefinitely and commented they will look further to pursue this ordinance. Upon voice vote, the voting was unanimous. 3rd reading of an Ordinance to prohibit the driving of city owned vehicles outside the city limits of West Memphis except on official city business and for other business. City Clerk Phillip Para read the Ordinance for the THIRD AND FINAL time. Councilor Pulliaum moved, seconded by Bruce to adopt. Roll call vote was as follows: AYES: Robinson, Bruce, Felton, Bass, Coleman, and Pulliaum NAYS: Catt, Peeples, Holt and Thomas The motion carried and the ordinance was assigned No. 2018. 2nd reading of an Ordinance attaching and incorporating certain described annexed territory to Ward 5 of the City of West Memphis and for other purposes. City Clerk Phillip Para read the ordinance for the SECOND TIME. 2nd reading of an Ordinance granting a special use permit in a C-1 General Business District, to allow an arcade, at 111 N. 10th Street, West Memphis, Arkansas. Councilor Felton moved, seconded by Councilor Bruce to suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Clerk Phillip Para read the ordinance for the THIRD AND FINAL TIME. Councilor Coleman moved, seconded by Bruce to adopt. Upon roll call vote, the voting was: AYES: Robinson, Catt, Bruce, Peeples, Felton, Bass, Coleman, Holt, and Thomas NAYS: Pulliaum The motion carried and the ordinance was assigned No. 2019. 2nd reading of an Ordinance granting a special use permit in a CV, Conservation District, located in the jurisdiction boundary, to allow an adult care facility, at 283 Hinkley Road, Crittenden County Arkansas. City Clerk Phillip Para read the Ordinance for the SECOND time. 2nd reading of an Ordinance for the adoption of the National Electric Code, 2002 Edition, providing penalties for violations of such regulation. City Clerk Phillip Para read the Ordinance for the SECOND time. An Ordinance to amend the Personnel Manual of the City of West Memphis to provide city employees the right of appeal of termination of employment to the West Memphis City Council and for other purposes. City Clerk Phillip Para read the Ordinance for the SECOND time. NEW BUSINESS Councilor Pulliaum moved, seconded by Peeples to suspend the rules and the title only be read of R-1. Upon voice vote, the voting was unanimous. R-1 A Resolution to authorize a payroll deduction for the payment of union dues on behalf of members of the West Memphis Fire Fighters Association. City Clerk Phillip Para read the Resolution. Councilor Coleman moved, seconded by Peeples to allow a spokesman representing the group to speak for five minutes. Upon voice vote, the voting was unanimous. Wendell King, president of the West Memphis Fire Fighters Union, a division of the International Association of Fire Fighters explained to the council that this issue had taken the wrong direction and advised that they were not a striking organization. He said al! they were requesting was that their money be deducted from their paychecks and this action required city council approval. The council had numerous questions regarding the union. Councilor Pulliaum moved, seconded by Robinson to table the resolution until the next meeting so that Mr. King would have an opportunity to gather information for the council. Councilor Catt specifically requested information on their benefit plan. Mr. King to get him a copy of that also. Upon voice vote, the voting was unanimous to table until the next meeting. Councilor Catt moved, seconded by Robinson to suspend the rules and the titles only be read of R-2 and O-1. Upon voice vote, the voting was unanimous. R-2 A Resolution certifying the amounts of liens imposed on certain properties for grass cutting contracted by the City of West Memphis pursuant to ordinance 1385. City Clerk Phillip Para read the Resolution. Councilor Peeples moved, seconded by Catt to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1734. Mayor Johnson reported the house at 509 N. 28th Street that was on the demolition list at the last council meeting that the council gave a two week extension with the stipulation they board the house up immediately has not been done. He asked if the council wished to proceed with tearing it down. The council advised to proceed. O-1 An Ordinance to amend Section 6.20.210 of the West Memphis Municipal Code regarding the penalty for violating the anti-litter ordinance and for other purposes. City Clerk Phillip Para read the Ordinance for the FIRST time. Catt moved, seconded by Felton to suspend the rules and the ordinance be placed on its second reading. Roll call vote: AYES: Robinson, Catt, Peeples, Felton, Holt, and Thomas NAYS: Bass and Coleman Councilor Bruce "passed". The motion to suspend the rules FAILED. PERMISSION REQUESTS Councilor Coleman moved, seconded by Councilor Catt to give permission to accept the final statement of Community Development Objectives and Projected Use of Funds B-2002-MC-05- 0009. Paul Luker, Director advised a copy of the final statement was included in the packets. Lengthy discussion was held. Councilor Pulliaum moved, seconded by Bass to amend giving each of the eight entities requesting funding $5,000 each and the remaining $39,500 be put into housing rehabilitation. Upon roll call vote, the voting was: AYES: Bruce, Bass and Pulliaum NAYS: Robinson, Catt, Peeples, Felton, Coleman, Holt, and Thomas The motion FAILED. Roll call vote on the motion to approve as submitted was: AYES: Robinson, Catt, Peeples, Felton, Bass, Holt, and Thomas NAYS: Bruce and Coleman Councilor Pulliaum voted as "present". The motion carried. Mayor requested permission to distribute dog track funds as traditionally done which was the $24,223.74 representing funds from four disaster relief days be given to the Good Neighbor Center and the $12,111.87 representing one-third of the proceeds from six charity days be allocated eleven ways between the mayor and council. Councilor Pulliaum moved, seconded by Bass to split the charity day funds ten ways, eliminating the mayor's portion. Mayor Johnson advised him that the law says "as determined by the mayor and the governing body." Roll call vote, the voting was: AYES: Bruce, Bass and Pulliaum NAYS: Robinson, Catt, Peeples, Coleman, Holt, Thomas Councilor Felton voted as "present". The motion to amend FAILED. Councilor Peeples moved, seconded by Councilor Robinson to approve the distribution as presented. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Catt reported Budget Committee Tuesday night, Insurance Committee possibly next Thursday but he is waiting on a report and will call. Councilor Robinson reported on highlights of the Airport Commission Meeting. No action from council necessary. Councilor Holt reported Fire Commission met and discussed the union dues matter, air Pac bid and rural fire protection grant. Councilor Pulliaum mentioned that he had requested the mayor give him a comprehensive plan on the improvements to the ditches and he still has not gotten it. Mayor Johnson stated he had told him that Mr. Brawley was working on it and for him to call Eddie Brawley for the plan. Councilor Coleman requested a map of the new wards. Mayor Johnson said to ask Paul Luker for a copy of the map. Councilor Felton said he had previously requested the mayor declare a day for trash and allow citizens to bring anything to the curb and sanitation would pick it up. He also said it might be a good idea to have two designated days. Mayor Johnson suggested this be done by wards or sections, each having two days. Councilor Bruce stated this was a great idea but would take more than two days and needs to be an on-going plan between the citizens, Police Department and Sanitation Department on a daily basis. Mayor Johnson stated he agreed it would take more than two days and cleaning up the city is a slow process. Councilor Bruce requested a commitment from these department in writing to review. Mayor Johnson stated he would send a memo out the first of the week and send him a copy of it. Councilor Pulliaum requested the next Public Works Committee discuss the problem of the land fill not taking any compressor's in old refrigerators. Councilor Felton said he didn't think we would have to worry about that because people pick up refrigerators as fast as people put them on the street. Having no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Robinson to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:38 p.m. PASSED and APPROVED this day of March, 2002. WILLIAM H. JOHNS ,MAYOR ATTEST: i~-? L `~~~ PHIL ,CITY CLERK Minutes prepared by: Cindy Gree od, Sr. Deputy Clerk WEST MEMPHIS UTILITIES TREE TRIMMING BID OPENING 02-21-02 NELSON TREE SERVICE, INC. .NO ~ ~ DAYTON, OHIO WEST TREE SERVICE, INC. /V ~ ~ ; d LITTLE ROCK, AR ASPLUNDH TREE EXPERT CO. ~~. J,5 (,~,,., ?uj, ,/?~ ~-- ~.~ N. LITTLE ROCK, AR ~- - ~ 7 ~. ~~ ~ c.G~,~., APPLE TREE SERVICE, INC. ~ • ~~ ~ ~. ~•:~ ~ . N. LITTLE ROCK, AR WEST MEMPHIS, ARKANSAS COI~~MUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM FINAL STATEMENT OF CO1~~N.fUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS B-2002-MC-OS-0009 introduction: The U. S Department of Housing and Urban Development (HtJD) has designated the City of West Memphis, Arkansas as an Entitlement City under the Community Development Block Grant (CDBG) Program as authorized by the Housing and Community Development Act of 1974, as amended. As an Entitlement City, West Memphis will receive a specified amount of funds annually for use in carrying out a variety of auspices of the CDBG Program. West Memphis will be entitled to receive the annual grant so long as its performance is in accordance with statutory and regulatory requirements of the CDBG Program and HUD. This Final Statement of Community Development Objectives and Projected Use of Funds has been prepazed by and is subject to modification through a process which words maximum public accountability and citizen participation. The Community Development Agency of West Memphis conducted a public hearing on January 22, 2002 to receive citizen recommendations on the scope of the CDBG Program. A second public hearing was held on February 12, 2002 to allow citizens the opportunity to respond and also to allow the non-profit organizations the opportunity to present their requests for funding. The Final Statement was prepazed and made available to the public prior to its being submitted to the Little Rock Area Office of the U.S. Department of Housing and Urban Development. The City Council approved the content of the Final Program at its regular meeting on February 21, 2002. Moreover, copies of this Final Statement and any modifications thereto will be available at the offices of the Community Development Agency of West Memphis, 205 South Redding Street, during normal business hours, Monday through Friday. The City of West Memphis looks forward to the Entitlement Community Development Block Grant Program and hopes to continue providing meaningful site improvements and various community development activities that are essential to revitalizing our neighborhoods and providing benefits prunarily for low and moderate income persons within the community. The City recognizes that there are needs for community development and public improvements in many parts of West Memphis and that there are not sufficient funds available to satisfy all, or even a majority of these acknowledged needs. The City continues to strive toward implementation of a well conceived community development program that truly m~ximi~es benefits for low and , moderate income persons and/or eliminates slum and blight and prevents the recurrence of blighting influences. Statement of Community Development Objectives: The following community development objectives will be addressed through implementation of the CDBG Entitlement Program. 1. To improve housing conditions available in the community, especially those which provide housing for low and moderate income persons. 2. To provide for public facilities improvements including street and drainage projects in areas which are concentrated with low and moderate income persons. 3. To minimize displacement of site occupants through the carrying out of projects and activities, recognizing that should displacement occur, technical and financial assistance to relocate the displacee in replacement housing within his/her economic means will be provided in accordance with the stipulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. Projected Use of Funds: The City of West Memphis will receive $530,000 under the FY2002 Year CDBG Entitlement Program. If less than this amount is received, the costs and scope of the projects described herein will be adjusted accordingly. An alternative would be to eliminate all or part of one or more projects from the proposed program. If more than this amount is received, the additional funds will be added proportionately to the line items described herein where such funds will remain until or unless they are required for another project activity. The following activities have been designed and will be implemented within the proposed FY2002 Program by the Community Development Agency based upon previously approved and planned activities and citizen involvement. It is understood that these activities may be revised in the future by the City Council of West Memphis, Arkansas as a result of the continuing citizen participation planning process. * Public Facilities and Improvements: Bettis Street - Engineering and construction Location: Bettis from Stuart Street to Thompson Street Regulatory Citations: Eligibility: 24 CFR 570.201(c) National Objectives: 24 CFR 570.208(a)(1) Funding: $ 160,000. * Housing Rehabilitation: Continuation of the housing rehabilitation program in which a maximum of $20,000 is expended on the rehabilitation for elderly/handicapped low and moderate income homeowners. Location: city wide Regulatory Citations: Eligibility: 24 CFR 570.202 National Objectives: 24 CFR 570.208(a)(3) Funding: $ 114,500. * Demolition and Clearance: Demolition of vacant dilapidated structures and clearance of structure and lot. Location: city-wide Regulatory Citations: Eligibility: 24 CFR 570.201(d) National Objectives: 24 CFR 570.208(b)(2) Funding: $ 70,000. * Public Service Grants: Funds are awarded to non-profit organizations that work with low and moderate income individuals. These organizations work as subrecipients to the City. Location: city wide Regulatory Citations: Eligibility: 24 CFR 5 70.201(e) National Objectives: 24 CFR 570.208(x)(1) Funding: $ 79,500 * Program Administration and Planning: Administrative costs related to planning, oversight, management and implementation of the program. Location: not applicable Regulatory Citations: Eligibility: 24 CFR 570.206 National Objectives: not applicable Funding: $ 103,000 * Fair Housing: Contribution to the Community Housing Resources Board to further fair housing efforts within the City. Location: city wide Regulatory Citations: Eligibility: 24 CFR 570.206(c) National Objective: not applicable Funding: $ 3,000 Total FY2002 CDBG Program: $ 530,000 The previous items constitute the use of the CDBG funds as of the date of this Statement. In submitting this Statement to the U.S. Department of Housing and Urban Development, the City of West Memphis certifies that these activities have been selected with maximum feasible benefits to persons of low and moderate income. The public facilities improvements are all located in geographic areas that are comprised predominately of residents of low and moderate income. Effectiveness: The Final Statement of Community Development Objectives and Projected Use of Funds has been prepared in light of the previous public hearings and input from members of the West Memphis City Council. Citizens are invited to comment on this Statement by sending their comments to the Community Development Agency of West Memphis, 205 South Redding Street, West Memphis, Arkansas 72301. Copies of the Final Statement are available for public inspection and review during normal business hours, Monday through Friday, in the Community Development Agency offices. Various recommendations and comments or suggestions that are made as a result of citizen review of this statement as appearing in the West Memphis Evening Times will be forwarded to the City Council for the Council's consideration. The Final Statement will remain in full force and effect for the duration of the CDBG Program, or until it is modified or amended by the City Council. As with previous Community Development Block Grant Programs, the Community Development Agency of West Memphis will administer the CDBG Program on behalf of the City of West Memphis. William H. Johnson, Mayor City of West Memphis, Arkansas