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:
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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
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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.
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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)
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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
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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 ,
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CITY CLERK
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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,
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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
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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.
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Leo Chitman, Mayor
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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.
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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)
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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 :
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SPONSORED BY: jt
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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• : '.
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—"MAYOR ✓-
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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''
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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.
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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
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-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
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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
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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.
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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.
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11,4111111 °P. - / / -
Le- it ,:n
Mayor
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ATTEST:
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