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July 15, 2013 MINUTES WEST MEMPHIS CITY COUNCIL July 15,2013 A Special-Called Meeting of the West Memphis City Council was held on Monday, July 15, 2013 at 12:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 12:07 p.m. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples and Councilors, Melanie Hutchinson, Lorraine Robinson, Tracy Catt,James Pulliaum, Ramona Taylor, Herman Coleman, Marco McClendon, James Holt, and Taz Tyrone. Absent: Councilman Willis Mondy. Quorum being present, Mayor Johnson proceeded with the meeting. Mayor Johnson said the reason for the special-called meeting was to consider two Resolutions relating to an airspace permit with the Arkansas Highway and Transportation Department. He said they thought they had until Friday, but found out late Friday that the Highway Department would need the permit by Wednesday for the City of Memphis to receive a 30 million dollar grant. R-1 A RESOLUTION TO APPROVE THE AIRSPACE PERMIT ISSUED BY THE ARKANSAS STATE HIGHWAY COMMISSION TO THE CITY OF WEST MEMPHIS, ARKANSAS, FOR PART OF SEGMENT 4 AND 5 OF THE MAINSTREET TO MAINSTREET MULTIMODAL CONNECTOR,AND FOR OTHER PURPOSES Councilwoman Taylor made a motion, seconded by Councilman Coleman to suspend the rules and the titles only be read of Resolutions R-1 and R-2. Upon voice vote,the voting was unanimous to approve. City Attorney Peeples read the Resolution the first Resolution. Councilwoman Taylor made a motion,seconded by Councilman Tyrone to approve the Resolution. Eddie Brawley, Engineer explained the City of West Memphis are co-applicants of a 30 million dollar grant for the construction of a "Multimodal Connector"that starts at Riverside Drive in Memphis and ends at Martin Luther King Jr. Blvd and Highway 70. This permit is a requirement of the Arkansas Highway and Transportation Department. This permit used to be called a "land-use permit". Mr. Brawley said he thinks this trail will attract people from out of state, but it will be up to us to draw them into West Memphis. He went on to explain the construction of the"multi-use trail"is to be paid for with federal grant funds but the City will be responsible for the cost of maintenance and restoration to its original condition, if the permit is terminated. Mayor Johnson said the city does have an option to terminate the permit with a sixty day notice. Crittenden County and the City have agreed to share equally in the costs of maintaining the "multi-use trail"and the costs of restoration as required by the terms of the permit, and to share equally in any liability the City may incur. After further discussion, the motion to approve the Resolution passed with a unanimous voice vote of the council. The Resolution was adopted and assigned No. 2028. R-2 A RESOLUTION TO APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS AND CRITTENDEN COUNTY, ARKANSAS, TO SHARE EQUALLY IN THE COSTS OF MAINTENANCE, RESTORATION,AND ANY LIABILITY ASSOCIATED WITH THE"MULTI-USE TRAIL"TO BE CONSTRUCTED AND MAINTAINED PURSUANT TO AN AIR SPACE PERMIT ISSUED TO THE CITY OF WEST MEMPHIS BY THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT,AND FOR OTHER PURPOSES City Attorney Peeples read the Resolution. Councilman Tyrone made a motion, seconded by Councilman Pulliaum to approve the Resolution. Discussion was held regarding the amount of maintenance that would be required. Mayor Johnson said the city will use their street sweeper when needed and County Judge Wheeless said he could use trustees to pick up trash in that area. Mayor Johnson said he does not foresee the bike trail to require much maintenance at all for several years and the County is to share equally with the city for any costs of restoration of the trail and will reimburse the City for one-half of any damages for any liability it incurs for personal injury, property damage, and attorney's fee arising out of the issuance of the permit to the city. After further discussion, the motion to approve the Resolution passed with a unanimous voice vote of the council. The Resolution was adopted and assigned No. 2029. Having no further business to come before the City Council, Councilman Tyrone, moved, second by Councilman Catt to adjourn. Upon voice vote,the voting was unanimous. The meeting adjourned at 1:40 p.m. PASSED and APPROVED this rg+iI day of July, 2013. WILLIAM H. JO NSON, MAYOR ATTEST: PHILLIP PARA, CITY CLERK Minutes prepared by: Cindy Greenwood, Sr. Deputy City Clerk