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February 7, 2013 Page 1 of 1 MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 7, 2013 A regular meeting of the West Memphis City Council was held on Thursday, February 7,2013 at 1:30 p.m. in the City Council Chambers at City Hall,205 S. Redding,West Memphis, Arkansas. Invocation was given by Father Thessing of St. Michaels Catholic Church. Mayor Johnson called the meeting to order at 1:30 p.m. 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 Caft, James Pulliaum, Ramona Taylor, Herman Coleman, Willis Mondy, Taz Tyrone, and Melanie Hutchinson. Absent: Councilors: Marco McClendon and James Holt. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES Councilman Pulliaum made a motion, seconded by Councilwoman Robinson to dispense with the reading of the minutes of January 24, 2013 City Council meeting, and approve them as submitted. Upon voice vote,the voting was unanimous. OLD BUSINESS 2nd Reading AN ORDINANCE TO WAIVE COMPETITIVE BIDDING ON PROFESSIONAL ACCOUNTING SERVICES, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. 2"d Reading AN ORDINANCE WAIVING 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 SECOND time. 2"d Reading AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING GROUND SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. 2"d Reading AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY DAVID WILSON, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. 2"" Reading AN ORDINANCE WAIVING 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 SECOND time. 2"d Reading AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF MOTOR FUEL,AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. NEW BUSINESS Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to suspend the rules and read the titles only of Resolution R-1, 0-1, and 0-2. Upon voice vote the voting was unanimous to approve. R-1 A RESOLUTION OF THE CITY OF WEST MEMPHIS AUTHORIZING THE ISSUANCE OF VISA CORPORATE CREDIT CARDS IN THE NAMES OF WILLIAM H. JOHNSON,WARD WIMBISH, RENITA RASH, LISA MILLER AND THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES. City Attorney Peeples read the Resolution. Councilman Pulliaum made a motion, seconded by Councilman Tyrone to approve the Resolution. Upon voice vote,the voting was unanimous to approve. The Resolution was adopted and assigned No. 2019. 0-1 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE ROOFING REPAIRS TO THE WEST MEMPHIS CIVIC CENTER, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES Page 2 of 2 City Attorney Peeples read the Ordinance for the FIRST time. Councilman Tyrone made a motion, seconded by Councilwoman Taylor to suspend the rules and place the Ordinance on the second reading. Upon voice vote,the voting was unanimous to approve. City Attorney Peeples read the Ordinance for the SECOND time. Councilwoman Taylor made a motion, seconded by Councilwoman Robinson to further suspend the rules and place the Ordinance on the THIRD and FINAL reading. Upon voice vote, the voting was unanimous to approve. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Ordinance. Upon voice vote,the voting was unanimous to approve. The Ordinance was given the Number 2311. Councilman Catt made a motion, seconded by Councilwoman Taylor to approve the Emergency Clause, Section 2. Upon voice vote, the voting was unanimous to approve. 0-2 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF A FIRE DEMO HAZ- MAT UNIT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the FIRST time. Councilwoman Taylor made a motion, seconded by Councilman Catt to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous to approve. City Attorney Peeples read the Ordinance for the SECOND time. Councilman Catt made a motion, seconded by Councilwoman Taylor to further suspend the rules and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous to approve. City Attorney Peeples read the Ordinance for the Third and Final time. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Ordinance. Mayor Johnson explained the Fire Department received a$282,000 grant for a new haz-mat truck. When the bids were received they did not meet the delivery date guidelines established in the grant. Chief Gately applied for an extension and we were denied. Chief Gately found a demonstration truck that can be delivered by April 30th and meets the specifications of the grant. Upon voice vote,the voting was unanimous to approve. The Ordinance was given the Number 2312. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Emergency Clause, Section 3. Upon voice vote, the voting was unanimous to approve. The Ordinance and the Emergency Clause was approved. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE Mr. Mohinder Kumar and Mrs. Janet Kumar doing business as Kumar Transportation, 1700 Goodwin,West Memphis,Arkansas went to the City Clerk's Office and asked to get a license to provide transportation for people staying at local hotels and also to provide a courier service. Pursuant to Section 5.44.030 of the West Memphis Municipal Code,the requirement for public transportation requires that an application for Public Convenience and Necessity be approved by the City Council. They requested permission previously but did not have their paper work filled out. Councilman Coleman made a motion, seconded by Councilwoman Taylor to approve the Certificate of Public Convenience and Necessity as long as they meet all the city guidelines and also they understand if their business expands, they will have to relocate to a commercial area. Upon voice vote,the voting was unanimous to approve. PERMISSION REQUESTS Councilwoman Taylor made a motion, seconded by Councilman Coleman to give permission to pay Arkansas Municipal League Worker's Compensation $426,436.00. Upon voice vote,the voting was unanimous to approve. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to give permission to pay Arkansas Municipal League Membership and Legal Defense Program $80,612.15. Upon voice vote,the voting was unanimous to approve. Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to approve the Planning Commission recommendations as presented. (See attached) Upon voice vote,the voting was unanimous to approve. Mayor Johnson asked permission to add an item to the agenda regarding setting a temporary rate schedule for the rental of the Roberta Jackson Community Center. Councilman Pulliam made the motion, seconded by Councilwoman Taylor to add the item to the agenda. The motion and second was approved by a unanimous voice vote of the council. Mayor Johnson turned the floor over to Councilwoman Robinson. Ms. Robinson explained the rates for renting the Roberta Jackson Community Center should have been done at the first of the year but they needed something done now until the City Attorney can get a lease agreement written. Councilwoman Robinson made a motion, seconded by Councilman Mondy to set the rental rates for the main room: (A) citizens will pay$125.00 plus a $100.00 security deposit that be will due at the time the room is rented and will be refunded if the room is cleaned and no damage is done. (B)The rate of$100.00 will be for non-profit (501-C-3) organizations plus a $100.00 deposit that will be refunded if the room is clean and no damage is done. That deposit will also be due at the time the room is rented. Upon voice vote,the voting was unanimous to approve. COMMITTEE REPORTS Airport Commission—Councilwoman Robinson reported City Treasurer Frank Martin is working with Lynda Avery Airport Manager to secure the funding for the matching grant. Public Works Committee—Councilwoman Taylor reported Officer Mike Antle,the new Code Enforcement Officer attended the meeting. City Engineer reported after checking with Planning & Development, it was determined there was adequate parking available at the Civic Complex. Mr. Sorrell also reported he spoke with Ward Wimbish about the repairs that need to be made to the handicap accesses at the Civic Center. Mr. Wimbish is to look at whether the A&P will make those repairs or if the Street Department will need to help out with the repairs. Mr. Sorrell is to try to come up with an estimated cost of repairs for Ms. Taylor to present to the A&P Commission Page 3 of 3 at their next meeting. School bus parking at the Auditorium was also discussed. Mr. Sorrell is to check into why there are No Parking signs in place in front of the Civic Auditorium and if they are necessary for public safety. Mr. Sorrell reported the contracts for Southland Drive Phase 2 have been signed and will be mailed to the Federal Highway Administration to have the funds obligated for the project. The signalization project has hit an inclement weather period so the road repairs have been shut down. Some underground electrical work is still being done during this period. New garbage cart quotes were handed out and the low quote was given to Scruggs Equipment. Councilwoman Robinson reported the application for Keep America Beautiful has been submitted and approved and after we are certified, we will automatically receive $1000.00 grant. ANNOUNCEMENTS Councilwoman Taylor announced the new Tourism Director has been hired and his name is Mr.Jim Jackson from Cleburne County. Councilman Coleman said he was excited to see the sky-cam is doing a great job around town in West Memphis. Mayor Johnson said we are grateful to the County Sheriff for loaning us the$60,000 piece of equipment. Having no further business to come before the City Council, Councilman Coleman moved, second by Councilman Pulliaum to adjourn. Upon voice vote,the voting was unanimous. The meeting adjourned at 2:00 pm. PASSED and APPROVED this a.1 fit, day of February, 2013. , ,j4...„......,...) .."--7 f,,c_ e - WILLIAM H.JOHNSO AYOR ATTEST: PHlU.1P-f RA, CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Clerk APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE Pursuant to Section 5 . 44, 030 of the West Memphis Municipal Code , the following information is submitted to be filed with the City Clerk for a Certificate of Public Convenience : A . The name and address of the applicant : iVer-/-17t2e74-"5- , Va-rt-rei 4-e ' /5._ tyr-2 q / 769c) 6 . o , , ec,./z,t ,,,,___ We-cd rxrD2,743-1, 0,e --7,9301 . B . The number of vehicles to be operated or controlled by the applicant and the location of the proposed service : 04 €. i if1 4, t) b , j (-4.., • , .., -)- A. ..... ev7e2,3_ exy2452a_ _ . C . The name the service will be operated under: 6 kyl 4 A' I rciri Volekk-fi'ef7 • D. A description of each vehicle to be operated by the service : (;(1/0/ t,')/2j9j1/106- k (..) ' 7 G, ' C.Lill 64)-4-'' ,v01.-`44 AAA, ( 1 APPLICANT NI/Lz/ 4t°A .1 _ DATE VERIFICATION STATE OF ARKANSAS COUNTY OF CRITTENDEN Now on this I day of JA-U14,40...-LkA,_ before the undersigned Notary Public Aating in and for said County and State , appeared to me well known or satisfactorily proven to be the person whose name is subscribed to the foregoing Application for Certificate of Public Convenience and stated under oath that the facts set out in said application are true and correct to the best of Di knowledge , information and -lief . In witness whereof I hereunto set my hand and seal . .14P."" '1305'1 / 411 E4 Cl) _ (/ ek..: IN) , .00,•••kr NOTARY PJBLIC i •, ExP . * • .." ,._ •''• ....• . _ 1 t% tiv co., ....w_.-:- Commission Expires : c a .---- • NOTICE NOTICE is hereby given that an application has been made to the City Council of the City of West Memphis, Arkansas. for the issuance of a Certificate of Public Convenience and Necessity to Mohinder Kumar and Janet Kumar for the operation of a taxicab business in the City of West Memphis, Arkansas. A public hearing will be held before the City Council of the City of West Memphis, Arkansas, in the City Council Chambers, West Memphis City Hall, 205 South Redding, West Memphis, Arkansas, at 1:30 p.m. on Thursday. February 21, 2013, for the purpose of hearing comments and/or objections, if any, to the application by Mohinder Kumar and Janet Kumar as hereinabove set out. All persons having an interest therein or objections thereto are hereby notified to appear on said date for the purpose of making known their objections, if any. DATED this ( 3 day of February, 2013. CITY OF WEST MEMPHIS, ARKAN AS Ce-L-vb By: Aft CITY CLER PRO 1 S ) Pystok-P pia? 6ve,..e4-4.4.4704( pa /7. ? Gt)A4-4-tr-t4-70 ALA .U' J V F \ Ula CITY OF `VEST MEMPHIS West Memphis, Arkansas 72301 Planning and Development Ph#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: February 1, 2013 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, January 30, 2013, to the Mayor and City Council, on Thursday, February 7, 2013. Relat of Lot 4, Blk. 2, The Grove/Phs. 1 —Hopefield Development, 4214 Grove Park Drive, Application, Case#SD-01-13—The Planning Commission recommended approval of the Replat of Lot 4, Blk. 2, The Grove/Phs. 1, Hopefield Development. This case was presented by the property owner Mr. Jay Hale, represented by Mr. Dennis Sorrell, Sorrell Consulting Engineers, for the property located at 4214 Grove Park Drive and Zoned PUD, Planned Unit Development. The Commission recommended approval, 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 storm water management requirements and other improvements, as required by the City Engineer. STATE OF ARKANSAS COUNTY OF CRI1TENDEN I,Alexander P. Coulter,do solemnly swear that I am publisher of the Times, a daily newspaper, published in the county and state aforesaid that I was so related to this publication at and during the publication of their -- ---- annexed legal advertisement in the case of INUME NOTICE is hereby Warning Order No. given that an application bps bassi- Sb to the City Council , of the City of Wens, Probate Notice No Arkansas,for the ism=of a Certificate of Public Conven- ience 9. t1_ �� a- Ca r%and Nocdsity to Mehin• �f� Commissioner's Sale No. der Kumar mod Janet Kumar ` for the e0 it a of r� ly _ V bwiAps Li the City of West � T Y`+ County Court Notice re. Memphis,Ariunsu. A public hearing cl •9 will be held before the City `� Council of the City of West Memphis, Arkansas, in e the City Council Chambers, West Memphis City Hall,205 South Redding, West Memphis, Ar- kansas, at 1:30p.m. on Thurs- __ ,,.....urs-s..hanceiy-County) Court in said county; that the dates of the day, se of.h 2ri 2013 for the several publications of said advertisements arc hereinafter stated, and that during said purpose of heating comments P and/ or objections, if any, to periods and said dates said newspaper was printed and published in said county and the application by Mohinder Kumar and Janet Kumar as had a bona fide circulation therein for the period of one month before the date of the hereinabove getout. first publication of said advertisement;and that said advertisement was published in the All persons having an interest therein or objections regular issues of said newspaper for 1 consecutive times; publication thereto are hereby notified to thereof was made on the following dates: • appear on said date for the pur- pose of making known their �� �`-� objections,if any • 1. l __ 6. 1 1. 16. 21. DATED this 13th �`t � day of Febniary,2013. CITY OF WEST MEMPHIS, 2. 7. 12. 17. 22. ARKANSAS . By:Cindy Greenwood/ alimmorr Deputy Clerk 3. 8. 13. 18. 23. 4. 9. 14. 19. 24. 5. 10. c5. 20. 25. �. ,z , 40.- ittak , Publisher may , . • Subscribed and sworn to before me this 16-41L) day • of r' 1( 51)t�C�til, ,20 13 " I" \,�'lU l USN �_ V, Notary Note Public Y, My Commission Expires ICs' 1 UV'0,-1 Fee for Printing$ 4S-