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July 18, 1985 -179- MINUTES WEST MEMPHIS CITY COUNCIL JULY 18, 1985 The regular meeting of the West Memphis City Council was held on Thursday, July 18, 1985 at 1:30 p.m. in West Memphis, Arkansas at City Hall, 205 South Redding in the Council Chambers with Mayor Leo Chitman presiding. Prayer was offered by Reverend McDonald. The first item on the agenda was bid openings. The followings bids for the Utility Department was opened by Foster Rash and read by City Attorney Smith. UTILITY DEPARTMENT - KVA TRANSFORMERS 150 KVA 225 KVA Baltau Enpt. $4,482.00 $5,326.00 Memphis, TN Vincent Sales Agency, Inc. $3,657.00 $4,382.00 Memphis, TN National Electric Supply $4,470.00 $5,009.00 Memphis, TN Arkansas Elect. Coop. , Inc. $4,527.00 $5,416.00 Little Rock, AR Central Mololney, Inc. No Bids Pine Bluff, AR Diversified Elect. Supply $4,130.00 $4,827.00 North Little Rock, AR Request 5% AR. Preference TVESCO $3,875.00 $4,330.00 Memphis, TN Stuart C. Irby Co. $4,390.00 $4,920.00 Little Rock, AR Alderman Dalton made a motion, seconded by Alderman Burnett, to accept the bids and refer them to the Utility Commission for review and disposition. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. Bids for the Utility Department for one Hydraulic Digger Truck was opened by Foster Rash and read by City Attorney Smith. UTILITY DEPARTMENT - One (1) Hydraulic Digger Truck low Davis Louisville, Texas $70,100.00 Altec Industries $75,948.00 Birmingham, ALA Dealers Truck Equipment $81,850.00 North Little Rock, AR UEC Equipment Co. $80,799.00 Oklahoma City, OK Alderman Dalton made a motion, seconded by Alderman Morris, to accept the bids and refer them to the Utility Commission for review and disposition. Upon roll call vote, the voting was as follows: -180- AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. (Alderman Guin was not present for the vote.) Bids for the Property Insurance for the City of West Memphis were opened by Joe Scarbrough and read by City Attorney Smith. CITY OF WEST MEMPHIS - Property Insuroace Guaranty Loan No Bid Hale Insurance Co. $25,808.00 Alderman Burnett made a mtotion, seconded by Alderman Dalton, to accept the bids and refer them to to the Insurance Committee for review and disposition. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. Mayor Leo Chtiman requested City Clerk Dan Craft to Call the Roll. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett Mayor Chitman declared a Quorum present and called the meeting to order at 1:48 p.m. The next item on the agenda was a Presentation by Mr. Bill Johnson, General Manager, Utility Department. Mr. Johnson requested the City Council to approve the hiring of a Industrial Pre-Treatment Co-Ordinator at Category 14 - $471.00/SM. Discussion. Alderman Burnett made a motion, seconded by Alderman Morris, the position be approved. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. CITIZENS REQUEST: 011 Mr. Charles Ashley, a peddler for produce, requested that other peddlers were selling produce that had bought from other people and were not growning it themselves. Discussion. This complaint was referred to the City Attorneys office. Mr. Mike McTige, representing Veterans Cab Company, requested the right for Veterans Cab Company to come into West Memphis to do business. Requested the right for a petition for a Public Hearing on August 15, 1985, to secure a Certificate of Convenience to operate a Cab Company. This was referred to the City Clerks Office. The next item on the agenda was the approval or correction of the -181- Minutes for the Regular City Council Meeting, June 20, 1985, a recessed City Council meeting June 24, 1975 and Special Called City Council Meeting on July 11, 1985. Alderperson Jackson made a motion, seconded by Alderman Cooper, to approve the Minutes of the June 20, 1985 City Council meeting as presented. Upon voice vote, the voting was unanimous. The motion Passed. Alderman Cooper made a motion, seconded by Alderperson Jackson, to approve the Minutes of the Recessed City Council Meeting on June iwo 24, 1985 as presented. Upon voice vote of the City Council, the voting was unanimous. The motion Passed. Alderman Morris made a motion, seconded by Alderman Burnett, to approve the Minutes of the Special Called meeting for July 11, 1985 as presented. Upon voice vote of the City Council, the voting was unanimous. The motion Passed. The first item under Old Business was the second reading of a Ordinance creating and establishing the Office of Code Enforcement Officer, defining his duties, and for other purposes. City Attorney read the Ordinance for the second time. Alderman Dalton made a motion, seconded by Alderman Morris, to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. tftw The Ordinance Passed on its second reading. City Attorney read an Ordinance vacating 24th Street running be- tween Block 2 and Block 3 of Wheeler Subdivision in the City of West Memphis, Arkansas, for the third and final time. Alderman Burnett made a motion, seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The Ordinance Passed and was assigned Ordinance No. 1218, which reads as follows: ( On page 182.) City Attorney read an Ordinance providing standards for the construction of streets and appurtenances thereto in subdivision, and other purposes. Read for the second time. Alderman Shelton made a motion, seconded by Alderman Sumpter, to approve Iwo the Ordinance on its second reading. Discussion. Alderman Shelton made a motion, seconded by Alderman Sumpter to amend the Ordinance as follows: Section 1. Sub-Section a. Second sentence: pavement shall be sawed or tooled as per the applicable requirements Sub-Section b. Third Sentence: be made under the direction of a professional engineer or independent testing firm Section 2. Sub-Section b. Add after last sentence: All testing shall be done by an independent testing firm hired by the City of West Memphis and cost shall be paid by the developer. -182- Section 2. Sub-Section C. Line 2. a maintenance bond or acceptable contract Discussion. Upon roll call vote to amend the Ordinance, the voting was as follows: AYE: Aldermen: Guin, Horton, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: Cooper, Dalton, Jackson. The motion Passed. Upon roll call vote, the approve the amended Ordinance on its second reading, the voting was as follows: AYE: Aldermen: Guin, Horton, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: Cooper, Dalton, Jackson. The Ordinance Passed on its second reading. City Attorney read an Ordinance vacating 18th Street laying west of Block 5 of Wheeler Subdivision; 20th Street Lying East of Block 5 of Wheeler in the City of West Memphis, Arkansas. The Ordinance was read for the third and final time. Alderman Morris made a motion, seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The Ordinance was Adopted and was assigned Ordinance No. 1219, which reads as follows: ( On page 183) n i _, ORDINANCE NO. j AN ORDINANCE VACATING 24th STREET RUNNING BETWEEN BLOCKS 2 AND 3 OF WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS . WHEREAS, a petition was duly filed with the City Council of the City of West Memphis , Arkansas, asking the City Council to vacate that portion of 24th Street running between Blocks 2 and 3 of Wheeler Subdivision, West Memphis, Arkansas as shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of Crittenden County, Arkansas, and being abutted on the east by Lots 8 and 9 in Block 2 and on the west by Lots 1 and 14 in Block 3 of Wheeler Subdivision in the City of West Memphis, Arkansas; and WHEREAS, after due notices as required by law, the City Council has, at the time and place mentioned in the notice heard all persons desiring to be heard on the question and has ascertained that the street hereinbefore described has heretofore been dedicated to the public ' s use as a street herein described, has not been actually used by the public generally for a period of at least -183- five years subsequent to the filing of the plat ; that all the owners, of the property abutting upon the street to be vacated have joined in the petition indicating their consent to such abandonment ; and that public interest and welfare will not be adversely affected by the abandonment of such street ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIY OF WEST MEMPHIS, ARKANSAS : ( SECTION I . The City of West Memphis hereby releases , vacates eta and abandons all its rights , together with the rights of the public generally, in and to the street designated as follows : That portion of 24th Street abutted by Blocks 2 and 3 , of Wheeler Subdivision in the City of West Memphis, Arkansas , as shown on plat of said subdi- vision of record in plat Book 2 at page 113 and 114 in the office of the Recorder of Crittenden County, Arkansas. SECTION II . A copy of the ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of Crittenden County, Arkansas , and recorded inthe deed records of the county. - 1 PASSED this // a day of July , 985 . �`` / j , i Vii ti _A-TAO-Rif 1�.���`�, ATTEST: j4.)/ /474;, -- it.4f CITY CLERK _;. 1 'i ORDINANCE NO. / 21--- / (J AN ORDINANCE VACATING 18TH STREET LYING WEST OF BLOCK 5 OF WHEELER SUBDIVISION; CANAL STREET LYING NORTH OF BLOCK 5 OF WHEELER SUBDIVISION; 20TH STREET LYING EAST OF BLOCK 5 OF WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS , ARKANSAS k WHEREAS , a petition was duly filed with the City Council of i the City of West Memphis , Arkansas, on the 2nd day of May, 1985 to vacate and abandon 20th Street extending north of Interstate 55 and Interstate 40 , between Blocks 4 and 5 of Wheeler Sub- division; 18th Street extending north of Interstate 55 and In- terstate 40 and immediately west of Block 5 of Wheeler Subdi- vision; and Canal Street extending perpendicular to the above stated streets and immediately north of Block 5 of the Wheeler Subdivision; and, -184- WHEREAS , after due notices as required by law, the council has , at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the streets , hereinbefore described, have heretofore been de- dicated to the public use as a street herein described; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the street to be vacated have filed with the council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abondonment of such streets . NOW, THEREFORE , be it ordained by the City Council of the City of West Memphis , Arkansas : "Section 1. The City of West Memphis , hereby releases, vacates and abandons all its rights , together with the rights of the public generally, in and to the streets designated as follows : 20th Street extending north of Interstate 55 and Interstate 40 between Blocks 4 and 5 of Wheeler Subdivision; 18th Street extending north of Interstate 55 and Interstate 40 and immediately west of Block 5 of Wheeler Subdivision; and Canal Street extending perpendicular to the above stated streets and immediately north of Block 5 of Wheeler Subdivision. "Section 2 . A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the recorder of the county and recorded in the Deed Records of the county. "Section 3. This ordinance shall take effect and be in force from and after its passage . " i ADOPTED this / � day of ami44, 1985 . ` MAYOR ATTEST: C Y CL -185- At this time, Mayor Leo Chitman read the following: Mayor's Veto of Contract for Professional Services for Mr. David Carne, A. J. Rowe & Associates, Inc. The Veot Message reads as follows: STATEMENT TO: WEST MEMPHIS CITY COUNCIL AND CITY CLERK TRANSMITTED TO: MR. DAN CRAFT, CITY CLERK DATE: JULY 17, 1985 RE: MAYOR'S VETO OF CONTRACT FOR PROFESSIONAL SERVICES FOR MR. DAVID CARNE, A. J. ROWE & ASSOCIATES, INC. I. Leo Chitman, Mayor, City of West Memphis, Arkansas do hereby veto the present contract for professional services with the firm of A. J. Rowe & Associates, Inc. on July 17, 1985 at 9:45 A.M. , for the following reasons: 1 . Itis the opinion of the Mayor that a contract can be drawn for professional services that will include language that could be worded so that either party can cancel on a six month notice. 2. It is further the opinion of the Mayor that during the period of the City Council approval of this contract and the Mayor's veto there have been consideration given as to other offers ,of peaking power that the Mayor believe will be in the best interest of the City Council , West Memphis Utility Commission, and its citizens. 3. It was further agreed in a telephone conference call that there is a willingness on the part of Mr. David Carne of A. J. Rowe & Associates, Inc. to either amend the present contract and/or write a new contract that will include language that would be agreeable to all parties involved. For the above reasons I have officially vetoed the Contract for Pro- fessional Services for Mr. David Carne of A. J. Rowe & Associates, Inc. that was approved by the City Council at a Recess-2 ouncil on m y 11 , 7 1985. two' Itik :,11# Leo Chitman, Mayor t ' . -186- Alderman Shelton made a motion, seconded by Alderman Brasfield, The City Council over-ride the Mayor's Veto. Discussion on conference telephone call with Mr. Carne on certain language in the contract. Discussion on conmission or finder's fee. Length discussion. Alderman Dalton called for the question, upon voice vote of the Council, the voting was unanimous. The motion Passed. Upon roll call vote to over-ride the Mayor's Veto, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: Cooper. � .x The motion Passed. Alderman Sumpter called for a five minute recess. Upon voice vote of the Council, the voting was unanimous. The meeting recessed at 2:35 p.m. Mayor Chitman called the meeting back to order at 2:50 p.m. First item under New Business was a report by Mayor Leo Chitman to the City Council for information. Mayor Chitman discussed the Municipal League meeting and the New Labor Standards concerning over time and compensation time. 2) Memo to Department Heads on Purchase Orders: 3) check from the Highway Department for $1,500.00 to move the Blue Devils sign, turned over to the City Clerk; 4) EDA Grant on Rainer and Airport Road had been approved and they have the Guidelines; 5) Garbage trucks and student workers in that department, and ditch spraying. 6) Church of God of Prophecy Convention that was held at the West Memphis Civic Auditorium last week, and they will be back next year. City Attorney read a Resolution concerning the Planning Commission recommending change in the West Memphis Comprehensive Plan. Alderman Morris made the motion, seconded by Alderman Cooper, to adopt the Resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Morris, Sumpter, Brasfield. NAY: Aldermen: Horton, Jackson, Burnett. PASS: Aldermen: Shelton. ABSTAIN: Aldermen: Dalton. Being the vote is tied, Mayor Chitman vote "AYE", the Resolution Passed and was assigned Resolution No. 1019, which reads as follows: (On Page 187) City Attorney read a Resolution to execute a Quitclaim to Frank Martin and Donald C. Butler, the owners, Quitclaiming all the Right, Title and Interest of the City of West Memphis. Alderman Morris made a motion, seconded by Alderman Cooper, to adopt the Resolution. Lengthy discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Brasfield, Burnett. NAY: Aldermen: Sumpter. The Resolution Passed and was assigned Resolution No. 1020, which reads as follows: (On page 188) -187- RESOLUTION NO . j !/ ///' 7 WHEREAS, at the meeting of the West Memphis Planning Commission on June 26, 1985, the Planning Commission considered and recommended a change in the West Memphis Comprehensive Plan from Commercial to Apartments of the following described lands, and the City Council finds that the recommended change in the Comprehensive Plan should be granted ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS : That the West Memphis Comprehensive Plan be amended to Apartments District with respect to : Lot 2 of the John O 'Neal Subd ' ' sion .tbe. City of West Memphis, Arkansas im PASSED AND APPROVED this 18th say of .7411.01110111r1.11"41111614K:C-"‹. 8 MAYOR,' ATTEST : /..-*//'' CIY CL ilk / v.yc* SPONSORED BY: jt ' rye 3"y \ RESOLUTION NO. / ,Y i,- 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS : That the Mayor and City Clerk of the City of West Memphis , Arkansas, be and they are hereby authorized to execute a quit- claim deed to Frank Martin and Donald C. Butler, the present owners , quitclaiming all of the right , title and interest of the City of West Memphis in and to the following lands lying in Crittenden County, Arkansas, to wit : Lots 13 and 14 in Block 121 of the George T. Kendal Subdivision in the city of West Memphis, Arkansas, insofar as the City has any claim to same, including, but not limited to , any interest or right it may have to enforce any covenants or obligations contained in the special warranty deed dated October 15 , 1974 , executed by The Urban Renewal Agency of The City of West Memphis, Arkansas , recorded in Book 498 at page 391 in the office of the Recorder of Crittenden County, Arkansas . PASSED AND APPROVED this l 7 day o ' July, 1• : '. '' 4101111111; —"MAYOR ✓- ATTEST: i f (>7 r ; CI Y SPONSOR P ' •4 -189- City Attorney Smith read an Ordinance to rezone Lot 2 of the John O'Neal Subdivision to the City of West Memphis, Arkansas and Declaring an emergency. City Attorney read the Ordinance in its entirety for the first time. Alderman Cooper made amotion, seconded by Alderperson Jackson, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Sumpter, Brasfield. NAY: Aldermen: Burnett. PASS: Aldermen: Dalton, Shelton. The motion Passed. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Guin made a motion, seconded by Alderman Cooper, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. PASS: Aldermen: Dalton, Shelton. The motion Passed and the City Attorney read the Ordinance for the second time. Mayor Chitman called for a motion to further suspend the rules and the Ordinance be placed on its third and final reading. imo Alderman Guin made a motion, seconded by Alderman Morris, to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. PASS: Aldermen: Dalton, Shelton. The motion Passed. City Attorney read the Ordinance for the third and final time. Lengthy discussion. Mayor Chitman called for a motion to adopt the Ordinance. Alderman Guin made a motion, seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Brasfield, Burnett. NAY: Aldermen: Sumpter. PASS: Aldermen: Dalton, Shelton. Mayor Chitman called for a motion to adopt the Emergency Clause, Section 3. ift; Alderman Morris made a motion, seconded by Alderman Guin, to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Brasfield, Burnett. NAY: Aldermen: Sumpter. PASS: Aldermen: Dalton, Shelton. The Ordinance and the Emergency Clause, Section 3, Passed, and the Ordinance was assigned Ordinance No. 1220, which reads as follows: -�) ORDINANCE NO. / % Z. 0 AN ORDINANCE TO REZONE LOT 2 OF THE JOHN O 'NEAL SUBDIVISION TO THE CITY OF WEST MEMPHIS, ARKANSAS AND DECLARING AN EMERGENCY. WHEREAS, application was made to the City Planning Commission to rezone the hereinafter described property from B-2 General oisj Business to RM-1. 5 Multi-Family Residential, and after notice having been published for the time and in the manner as provided by Ordinance No. 1033, the matter was heard by the City Planning Commission, and the Planning Commission recommended that said property be rezoned to RM-1. 5 Multi-Family Residential ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS : SECTION I : That the following described property, to-wit : Lot 2 of the John O 'Neal Subdivision to the City of West Memphis, Arkansas be, and the same is hereby, rezoned RM-1. 5 Multi-Family Residential. SECTION II : That all ordinances or parts of ordinances in conflict herewith are herby repealed. SECTION III : It is found and determined by the City Council of the City of West Memphis, Arkansas, that this property is in the process of further development and the immediate passage of this ordinance is necessary for the further development of said property; the passage hereof is necessary for the growth and expansion of West Memphis, Arkansas, and that passage hereof is in the interest of public health, peace, safety and welfare of the City of West Memphis and the inhabitants thereof. Therefore, an emergency is hereby declared to exist and this ordinance shall take effect and be in force immediately upon its page and approval. ADOPTED this 18th day of July, 1985 . -'' l."- ..111111W rte='/-'MA e ATTEST : CIT ' CLERK i ' — i'' 3 ;1:` ti. SPONSOR 0• • -191- Mayor Chitman called for a motion to set a Public Hearing to vacate and abandon the alley in Block 1 of the Eugene Woods Subdivision of Ordinance of the City of West Memphis. Alderman Guin made a motion, seconded by Alderman Cooper, the Public Hearing be set of August 15, 1985 at 1:30 p.m. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett.bw NAY: Aldermen: None. The motion Passed. (Alderman Dalton was out of the room. ) The next item on the agenda was Community Development Agency Program Plan Approval. Alderperson Jackson made a motion, seconded by Alderman Burnett, to approve the 1985 CDBC Plan. Discussion. Mr. Michael Hagge, Community Development Director explained the criteria for each program and the guidelines that would have to be met. Discussion on streets that bear heavy traffic needing repair . Discussed 1986, requesting the Mayor to appoint a Committee of five (5) aldermen (One from each ward) and a group of citizens to work closely with Community Development. The Mayor stated he would take it under advisement. Upon roll call vote on the motion, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. PASS: Aldermen: Guin. The motion Passed. Alderman Cooper made a motion, seconded by Alderman Burnett, Ordinance to Waive Competitive Bidding, establishing an emergency and for other purposes, be placed on the agenda. Upon voice vote, the voting was unanimous. The motion Passed. City Attorney Smith read an Ordinance to Waive Competitive Bidding, Establishing an Emergency and for other purposes. Read for the first time in its entirety. Alderman Cooper made a motion, seconded by Alderman Cooper, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NO: Aldermen: None. The motion Passed. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Morris made a motion, seconded by Alderman Cooper, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion passed. (Alderman Guin and Alderman Burnett were not present.) City Attorney Smith read the Ordinance for the second time. -192- Mayor Chitman called for a motion to further suspend the rules and the Ordinance be placed on its third and final vote. Alderman Shelton made a motion, seconded by Alderman Morris, to further suspend the rules and the Ordinance be placed on its third and final vote. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. (Aldermen Guin and Burnett were not present.) City Attorney read the Ordinance for the third and final time. Discussion on holding up payment until the truck is repaired, and to see if he is going to charge the City again for fixing the truck that wasn't fixed properly to start with. Requested the Mayor and Sanitation Chairman Shelton to negotiate with him before paying the bill. Mayor Chitman called for a motion to adopt the Ordinance. Alderman Morris made a motion, seconded by Alderman Dalton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion passed. (Aldermen Guin and Burnett were not present.) Mayor Chitman called for a motion to adopt the Emergency Clause, Section 2. Alderman Dalton made a motion, seconded by Alderman Morris, to adopt the Emergency Clause, Section 2.. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. (Aldermen Guin and Burnett were not present.) The Ordinance and the Emergency Clause Passed and the Ordinance was assigned Ordinance No. 1221, which reads as follows: (On page 193 ) City Attorney Smith stated he would suspend explaining annexation procedures until the next City Council meeting. City Attorney Smith requested the City pay the Municipal League Defense Fund $2,000.00 to defend the Aldermen and the City in the upcoming lawsuit, concerning the Meadows Apartment Complex. Alderman Shelton made a motion, seconded by Alderperson Jackson, the Position statement be made a part of the record. City Attorney Smith read the statement. Upon roll call vote on the position statement, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. 41 NAY: Aldermen: None. The motion Passed. Position Statement on Page 194 . Alderman Shelton made a motion, seconded by Alderman Cooper, the City to pay $2,000.00 to the Municipal League Defense Fund. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. -193- ORDINANCE NO. _L--=--- -- / • AN ORDINANCE TO WAIVE COMPETITIVE BIDDING , ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS , Arkansas Statute 19-4425 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical ; and , ` WHEREAS , there are many items necessary for the City 's use where competitive bidding is deemed not feasible or practical ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS: 1. That competitive bidding be waived for the following item (s) to be used by the City , described as follows: Invoice No . 573 - dated July 1 , 1985 Labor and materials to `repair truck - $1 ,939 . 60 Truck. Frame No . 75 Invoice No . 574 - dated July 1 , 1985 Labor and materials to repair truck Truck Bed No . 75 $1 ,830 . 38 Invoice No . 575 - dated July 1 , 1985 Labor and materials to repair $2 ,069 . 06 Garbage Packer on Truck No . 75 TOTAL $5 ,839 . 04 2 . Emergency Clause. It having been found and determined by the City Council of the City of West Memphis , Arkansas , that . there is an urgent need by the City of West Memphis for the item (s described above , an emergency is hereby declared to exist , and this Ordinance being_ necessary for the preservation of the public peace , health , safety and welfare of the Citizens of West Memphis , Arkansas , .shall be in full force and effect from and after the date of its passage and approva PASSED AND APPROVED this C da of ✓ UAL' y , 19 . ,A41111111, 9 C • ... • _....011A1PP- L . f, MAY ATTEST: . A /// -Ar' f 11 •CII SPONS01 sy :) N L "> -19'4-- POSITION STATEMENT Some time ago, the City Council was requested to bestow its approval on the location and construction of a multi-family apartment unit in the area of West Memphis. Apparently the principal purpose of the petition for approval was to expedite financing arrangements and to secure favorable interest rates. At the meeting of this City Council at which the matter was presented, a petition in opposition to the Council ' s approval was submitted. That petition bore approximately 500 signatures of concerned citizens. Their expressed basis of concern was the location of another low-income housing project in the area referred to and its impact on the demographic characteristics of that area, as well as the community in general. The concern voiced by these citizens , through the submission of their petition, is a matter of legitimate concern of this City Council. It is the prerogative and the duty of this Council to consider the impact of low-income , federally-subsidized housing projects , not only with regard to the effect on citizens and property owners in the area of the proposed construction but also in terms of the needs of citizens of this community for such housing and in particular, the need in the proposed construction area. Following the meeting at which this matter first came to our attention, members of the Council became quite concerned about the proposed project and the opposition thereto. One of the principal reasons for concern on the part of Council members were representations made by the proponents of approval which were at best, confusing and at worst, contradictory and misleading. One of the principal proponents made what apparently constitutes a basic misrepresentation concerning the proposed nature of the project, when he indicated that the intent of the promoters and developers was not to construct a facility primarily intended for the benefit of low-income housing which would be subsidized by federal financial assistance. Then, immediately following that misrepresentation, one of the attorneys for the proponents indicated that yes, indeed, the project was intended to be eligible for federal and -195- state rent subsidies and would be intended to attract low-income tenants. It should be pointed out that at no time prior to the council meeting at which this proposal was presented, nor at any time subsequent thereto, have the proponents submitted any meaningful information which would permit the City Council to evaluate either the nature of this project or the propriety its proposed location. Thus, the City Council is without information sufficient to decide whether it should approve this project or not. The citizens of the community, and in particular the signers of the petition in opposition, should be aware that insofar as the City Council is concerned, it apparently could not stop this project by withholding its approval, or by affirmatively voting to disapprove the project. However , position apparently has some significance to the proponents since we have no reason to believe that the Council ' s approval would have otherwise been sought. We should point out that to some individuals involved in the opposition to this project, the issue has taken on racial overtones. These individuals apparently believe that the location of the project in the area indicated would primarily attract members of minority groups, with what they perceive to be an adverse impact on the racial composition of the neighborhood. We hasten to point out that racial issues have no place whatsoever in the City Council ' s consideration of this issue. As noted, however, the Supreme Court of the United States has held that the City Council does have an interest in the location of low-income housing. To repeat however, this Council cannot concern itself with the impact on the racial composition of the neighborhood, since that is an impermissible criterion by which to judge this matter. Because of the extent of public concern, the concern on the part of members of the City Council , the absence of any -196- information submitted by the proponents concerning the project and its impact on the area and the community, the confusion as to the intended purposes of the project and the proposed needs which would allegedly be met, it seems that the most appropriate way to permit the City Council to achieve a position from which it could finally act on this matter would be to request that the proponents furnish, at their expense , some credible survey, study or assessment of the project, its intended purposes and the impact (whether beneficial or harmful) on the area involved and the community in general. Such a survey, study or assessment would be done at the expense of the proponents of the project by an individual or individuals to be selected by the City Council. If the proposal of the Council is agreeable, then the Council will select and appoint a qualified person to promptly begin this impact assessment for the Council ' s consideration. Hopefully, upon receipt of the report, we will be in a position to intelligently resolve this issue. City Attorney Smith requested the City Council approve hiring a attorney experienced in discrimination suits involving age and sex. He would like to hire Mr. Bill Bristow, to evaluate the Wheeler case. Discussion. City Attorney Smith stated Mr. Barnes, Mrs. Wheeler's attorney has requested to speak before the City Council on settlement. Alderman Horton made a motion, seconded by Alderman Morris, to authorize the City Attorney to hire Mr. Bill Bristow, up to $500.00 in fees, to evaluate the Wheeler case. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. It was the decision of the Council that Mr. Barnes be invited to speak before the Council after the Council receives the evaulation from Mr. Bristow. Alderman Sumpter made a motion, seconded by Mr. Burnett, to use $50,000.00 of the Community Development Grant money to prepare + ► a New Land Use Plan, with new zoning and subdivisions regulations. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. -197- PERMISSION REQUEST: Mayor Chitman called for a motion for approval for Preliminary and Final Plat Approval for Jerrel Lackey Subdivision. Alderman Morris made a motion, seconded by Alderman Burnett, to approve the Preliminary and Final Plat for Jerrel Lackey Subdivision. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. NAY: Aldermen: None. The motion Passed. Alderman Cooper made a motion, seconded by Alderman Horton, to approve the Preliminary and Final Plat for Williamson Subdivision. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Burnett. NAY: Aldermen: None. The motion Passed. Alderman Brasfield had left the meeting at this time. COMMITTEE REPORTS: Alderman Shelton gave the Sanitation Commission report. Alderman Shelton requested permission from the Council to advertise bids for private garbage and trash collection. Discussion. Alderman Shelton made a motion, seconded by Alderman Burnett, to advertise for private garbage and trash collection. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Morris, Shelton, Sumpter, Burnett. NAY: Aldermen: Cooper, Jackson. The motion Passed. Alderman Shelton stated there would be a Sanitation Commission meeting on Monday, July 22nd, at 6:00 p.m. , to finalize the drafting of the bids for private collections. Alderman Dalton apolized to Alderman Horton for not speaking up at the last Council meeting when the whole Council voted to send Mr. Gray out of town, and Alderman Horton got the blame of it. Alderman Dalton requested the Mayor to reconsider and appoint Alderman Horton back to the Public Works Commission. Mayor Chitman stated that Alderman Horton resigned and he accepted his resignation and he stood firm on accepting his resignation. Alderman Cooper discussed the grass situation in the City. The ditches and roadways need cutting as the intersections are dangerous. Discussed funds that could be used to hire a tractor to cut the grass. Alderman Morris stated he would call a Budget meeting. Alderman Sumpter made a motion, seconded by Alderman Dalton, to hear the Second Quarter Treasurers Report at this time. Upon voice vote, the voting was unanimous. The motion Passed. Mr. Aubrey Holt, City Treasurer, stated the Parks Department, Airport Commission and Auditorium Commission had handed all their funds over to the Treasurer. The Community Development Program has not handed theirs over or made any explaination as why they haven't. Lengthy discussion. The City is half through the year and they should look at the General Fund as it may need some help before the end of the year. City Council requested Mayor Chitman to check with Mr. Hagge about the funds being turned over to the Treasurer and report back at the next City Council Meeting. Discussed Mayor Chitman ordering Mr. Hagge to -198- turn his funds over, also discussed not approving the final CDBC Plan for 1985 when he returns with the final plans. Mayor Chitman stated he would get in touch with Mr. Hagge and report back to the Council. Being no other business to come before the City Council at this time, Alderman Shelton made a motion, seconded by Alderperson Jackson, to adjourn. Upon voice vote of the Council, the voting was unanimous. Meeting adjourned at 5:38 p.m. ‘-51-/' ejl PASSED and APPROVED this day, of /eZ 'vY/ , 1985. ----) ___-- ' 1' 11,4111111 °P. - / / - Le- it ,:n Mayor WI ATTEST: 1.4 4// , .f'./ lityCE`fi JCH/72285