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April 7, 2011MINUTES WEST MEMPHIS CITY COUNCIL APRIL 7, 2011 A regular meeting of the West Memphis City Council was held on Thursday, April 7, 2011 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:30 p.m. Mayor Johnson welcomed the Junior Leadership group made up of ninth graders from all three Junior High Schools in West Memphis. One of the members of the group, Anna Spots, gave the invocation. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, and Councilors, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, Herman Coleman, Marco McClendon, ~Ilis Mondy, James Holt, Taz Tyrone, and Phillip Carter. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS Bids for WEST MEMPHIS UTILITIES: Directional boring and (1) 60' x 50' x 16' pre-engineered metal building, WATER DEPARTMENT. removal & installation of fencing were opened at 1:00 p.m. and copies of the bid tally sheet were given to the City Council. Councilor Pulliaum made a motion, seconded by Councilor Taylor to accept the bids and refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) Bids for PUBLIC WORKS: Southland Drive was opened at 1:00 p.m. and copies of the bid tally sheet were given to the City Council. Councilor Robinson made a motion, seconded by Councilor Taylor to accept the bids and refer to Public Works and Administration for final disposition. Upon voice vote, the voting was unanimous. Mayor Johnson said Public Works Committee was to meet immediately following this meeting to evaluate and award the bids. PROCLAMATION Mayor Johnson read and presented a Proclamation proclaiming the month of April as Fair Housing Month. Ms. Carol Johnson, Arkansas Fair Housing Commission Director accepted the Proclamation and announced she was in town for a Fair Housing Town Hall Meeting at the Civic Center tonight from 6:00 until 8:30 and encouraged everyone to attend. MINUTES Councilor Pulliaum moved, seconded by Councilor Robinson to dispense with the reading of the minutes of March 17, 2011 City Council meeting, and approve them as submitted. Upon voice vote, the voting was unanimous. eL R ~ OLD BUSINESS NEW BUSINESS Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and read the title only of R-1, R-2, O-1, O-2, and O-3. Upon voice vote, the voting was unanimous. R-1 A RESOLUTION SETTING A PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF UTILITY EASEMENT BETWEEN LOT 1 AND LOT 11, BLOCK 2 EUGENE WOODS SUBDIVISION TO THE CITY OF WEST MEMPHIS Councilor Taylor made a motion, seconded by Councilor Pulliaum to insert the date of ~ri121. 2011 at 1:30 p.m. in the blank setting the date of the Public Hearing. Upon voice vote the voting was unanimous. City Attorney Peeples read the Resolution as amended. Councilor Pulliaum made a motion, seconded by Councilor Holt to approve the Resolution as amended. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1984. R-2 A RESOLUTION APPROVING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $1,322,400.00 FOR PROJECT NUMBER 3-05-0065-023-2011 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS TO OBTAIN THE GRANT, APPROVING EXPENDITURES, AND FOR OTHER PURPOSES City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Councilor Robinson to approve. Mayor Johnson said this grant was a 100% grant, 95% from the Federal Government and 5% from State Government for airport improvements. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1985. O-1 AN ORDINANCE BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AND ORDINANCE TO BE ENTITLED: "AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A FLOOD DAMAGE PREVENTION PROGRAM FOR THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES." City Attorney Peeples read the Ordinance for the first TIME. Mayor Johnson explained this ordinance is being proposed ahead of the release of the new flood maps by FEMA which will go into effect May 3`d. He said if the city does not adopt the ordinance we would be limiting the types of federal funds we would have access to. O-2 AN ORDINANCE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE , 2011 EDITION, PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGULATION AND FOR OTHER PURPOSES City Attomey Peeples read the Ordinance for the first TIME. O-3 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR REPAIRS OF LAYNE PUMP NUMBER 47323, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the first time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the second time. Councilor Tyrone made a motion seconded by Councilor Holt to further suspend the rules and place the Ordinance on the third reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the third and final time. Councilor Pulliaum made a motion, seconded by Councilor Robinson to approve. Discussion was held. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2273. Councilor Pulliaum moved, seconded by Councilor Taylor to adopt the Emergency Clause, Section 2. Upon voice vote, the voting was unanimous. The Ordinance and the emergency clause were adopted. i PERMISSION REQUESTS Councilor Pulliaum made a motion, seconded by Councilor Robinson to accept the Planning Commission Recommendations as presented. Upon voice vote, the voting was unanimous. Councilor Taylor made a motion, seconded by Councilor Carter to give permission to sign a contract with Daloff & Thomas for general design and construction park improvements at Horton Park and Grimsley Park. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion seconded by Councilor Taylor to accept the low quote received by the Department of Planning & Development to demolish and clear the site, (703 S. 13"' Street) and allow the owner to make payments of $200.00 a month to the city beginning May 1S`, 2011. Upon voice vote, the voting was unanimous. Councilor Robinson moved, seconded by Councilor Pulliaum to accept the quotes and give permission to demolish and clear the property. Mayor Johnson explained this was an emergency situation. There is an old church on this property that ft is falling down. It is very dangerous because it is close to Wonder School and children walk near it and it needs to be torn down immediately. Upon voice vote, the voting was unanimous. Councilor Coleman asked if there were not any federal funds available to use to demolish this property. Paul Luker, Director of Planning & Development said CDBG funds can be used for demolition with certain restrictions, but presently, there are no funds available until July. Councilor Pulliaum made a motion, seconded by Councilor Taylor to give permission to pay Scruggs Equipment Company $188,993.00 for a front end loader. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Public Works Committee -Councilor Taylor reported there was no quorum but they heard reports from the Street Supt. Odell Slaughter the repairs at Tilden Rogers Park are almost complete. They are doing general cleanup work of cleaning up leaves and ditches. Sanitation Supt. Leroy Turner reported we have received the new front end loader. They talked about what could be done to make community awareness regarding the matter of illegal dumping. They are cleaning several dump sites throughout the city that people are dumping tires and debris. City Engineer Phillip Sorrell reported, other than what was taken care of at this meeting, the Ingram Blvd project is under review at the State Highway Department. A signal improvement project is underway which will make the traffic flow on Broadway much better. Airport Commission -Councilor Robinson reported Airport Engineer Stacey Morris reported AIP#22 (the design phase of Taxiway A rehabilitation) is on schedule for a March 28"' bid date. Work has begun on the drainage project on the west side of Hangar 1 last month. The electrical work has been completed, and the dirt work began last week. The Airport thanked City Engineer Phillip Sorrell and Commissioner Mel Bearden for their work on this project. Police Commission -Councilor Tyrone reported they discussed the ordinance establishing the Police Commission has an irrelevant section regarding feeding and housing prisoners and voted to recommend the City Council approve amending the ordinance removing this section.. The amendment will be recommended at the next City Council meeting. They voted to keep the same meeting time and date which is the last Thursday of each month at noon. Discussion was held regarding meth lab clean up. They have an agreement with the West Memphis Fire Department that they will take the lead on future meth lab cleanups after the Police Department lost its federal funding for the cleanups. This is subject to EPA and DEA guidelines. It was clarified that officers responding to a call should use lights and/or sirens intermittently to alert other drivers as they approach when driving in excess of the speed limit. He also reported that officers are trained to pass on either side but it is preferable to pass on the left and should only pass on the right after getting acknowledgment from the other driver. If any complaints are received regarding high-powered rifles and shotguns they are to get specific dates, f times and locations so dispatch log and video can be checked if necessary. Officers are only using rifles/shotguns on stops where primary officer requests it by giving a signal by the primary officer. There have been no promotions, three were hired and are attending the academy. There are 77 officers on staff. Budget Committee -Councilor Catt reported the combined city and county sales tax receipts for the first three months of this year were down more than 4% compared to 2010 figures creating a projected shortfall of $157,796.74. If they continue to decline in April and May, they will have to meet with administration and department heads to see what can be cut. To get the budget back in balance there are only two things that can be done if the decline continues and that is raise revenues or cut expenses. Insurance Committee -Councilor Coleman reported that the city needs to accept bids for group health insurance. Presently we are self insured but are asking for bids for self insured or fully insured plans. All bids will have to be turned in by 12:00 pm April 29"'. The Wellness Committee is to meet immediately after the City Council meeting. ANNOUNCEMENTS Councilor McClendon announced they had a Town Hall meeting at City Hall on March 24th at 6:00 p.m. and it was requested the City Council meet after 5:00 at the second meeting of the month to allow people that work an opportunity to attend. He also said there was a request for utility bill extensions reinstated due to the tough economic times. They requested a customer be allowed an extension once every six months. Mayor Johnson said he would bring this matter to the attention of West Memphis General Manager, John Rimmer. Mayor Johnson said the City Council meetings had been changed in the past to evening meetings and the attendance did not increase. However it was the discretion of the City Council when they meet. CITIZENS REQUESTS Shabaka Afrika -Crittenden County NAACP President - 812 E. Broadway - He said something needs to be done now regarding police using assault weapons at traffic stops. He urged the City Council, Mayor, and Police Department and City Attorney to look into this matter. Having no further business to come before the City Council, Mayor Johnson and the City Council allowed the Junior Leadership group to take their seats. After a motion and a second the meeting was adjourned by Mayor of the Day, Buzz Hardin. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:07 p.m. Said PASSED and APPROVED this _ day of April, 2011. ~`Gj`-- / `~~ WILLIAM H. 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N N 3 rt m O ~ N N ~ rt ~ ~ O ?\ ~ fn N C O `G tf ~ ~-~A ° ;w*** .3 .~~ C: ~J ~ ~s vg? CITY OF NEST ~IEVIPHIS West Memphis. Ark®sas 'i2301 Planning and Development Ph#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: April 1, 2011 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, March 30, 2011, to the Mayor and City Council, on Thursday, April 7, 201 1. I. SUBDIVISIONS: A. Final Plat - Renlat of Lot 1 and Lots 11-A & 11-B, Block 2, EuEene Woods Subdiv~ston, Auplication Case#04-11 -The West Memphis Planning Commission recommended to approve the Final Plat, a Replat of Lot 1 and Lots 11-A and 11-B, Block 2, Eugene Woods Subdivision, for the property owner Scott Ferguson. This property is located at 200 W. Broadway. Approval is subject to the following criteria: 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. Installation of improvements, as required by the City Engineer. B. Final Plat - 7"' Street Church of Christ Subdivision, Aaplication Case#OS - The West Memphis Planning Commission recommended to approve the Final Plat - Street Church of Christ Subdivision, for the property owner. This property is located at 899 N. 7th Street and contains 8.16 acres. Planning Commission Recommendations April 1, 2011 page two Approval is subject to the following criteria: 1. Proper execution of all Certificates; 2. Installation of grading and drainage improvements as required by the Department of Public Works; Approval of the improvement plans by the West Memphis Utility Department, as to easements; 4. Installation of improvements, as required by the City Engineer; 5. Note on the plat a 50' drainage and utility easement. ~~~~~ WEST MEMPHIS UTILITY COMMISSION P O Box 1868 604 East Cooper West Memphis, AR 72303 Phone (870) 732-7509 Fox (870) 732-7621 4/7/2011 60' x 50' x 16' PRE-ENGINEERED METAL BUILDING Frank A. Rogers 8~ Company Inc. West Memphis, AR Roeder Construction Company Inc. Marion, AR Windham & McDonald Construction Company Inc. Cordova TN ~12, ~G~~ c~U $~ 1 u ~~; (~ 71• u i A .~ ~~s~,s WEST MEMPHIS UTILITY COMMISSION P O Box 1868 604 East Cooper West Memphis, AR 72303 Phone (870) 732-7509 Fax (870) 732-7621 4/7/2011 DIRECTIONAL BORING FOR UNDERGROUND ELECTRIC CABLE FOR COUNTRY CLUB GARDENS SUBDIVISION Crittco Cable & Fiber Inc. Jonesboro, AR B & B Utility Construction Inc. Marion, AR Lesley Contractors LLi Marion, AR ~f~~.5~~3,5~ 3~ ~yq. q~ ~~I~~'3a_~GS r West Memphis Utility Commission P.O. Box 1868 • 604 East Cooper (870) 735-3355 • Fax (870) 732-7621 West Memphis, Arkansas 72303 Bids for Removal and Installation of Fencing 4/7/2011 Bidder Total John Thompson Fence ~ ~ ~ ~ 5 ~~ , United Fence Company . ~ ~~ 3! 5 ~ ~ . C West Memphis Fence .~` ~ ~ ~ ~ ~ .,~, ~' e Nationwide Fence ~,~ ~ ~ : ~ Penrod Fence ,~,, v j 3 L ~j An Equal Opportunity Employer Martin Luther King Dr. (Southland Drive)(West Memphis)(S) Job 110530 Federal Aid Project: STPU-9448(32) West Memphis, Arkansas Bid Opening April 7, 2011 12:00 p.m. Name 8 Address of Bidder Base Bid APAC-TN _. .._ P.O. Box 13427 l a ~ 3 ~ 7 ~ ~ ~ Memphis, TN 38113-0427 ~ ~ ~ Weaver-Bailey Contractors, Inc. 2564 Hwy. 5 ~ ~2 ~ ~ 5~ ( , ~~'j EI Paso, AR 72046 i