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December 5, 1985 -284- MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 5, 1985 The regular meeting of the West Memphis City Council was held on Thursday, December 5, 1985 at 1:30 p.m. in the City Council Chambers at the West Memphis City Hall, 205 S. Redding with Mayor Leo Chitman presiding. Mayor Chitman called the meeting to order at 1:34 p.m. Pryaer was offered by Reverend McDonald of the New St. Paul Church. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield The first item on the agenda was bid openings. Demolition bids for the Community Development Department were opened by Tee Gardner and read by City Attorney Robert Smith. CONTRACTOR 715 S. 9th 213 S. 10th. 206 S. 12th. 107 S.15th'. A&B Construction Co. $374.00 $424.00 $445.00 $375.00 lie Johnny Motley $300.00 $500.00 $375.00 $400.00 Sturch Construction Co. $399.00 $499.00 $499.00 $399.00 Wallace Construction Co. $360.00 $400.00 $500.00 $360.00 Alderman Dalton made a motion seconded by Alderman Cooper to accept the bids and refer them to the Community Development Agency for review and disposition, After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton Sumpter, Brasfield NAYS: Aldermen: None The Motion PASSED. Next bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Robert Smith. Bids of items for sale: 1975 Ford Half Ton Pick Up Paul C. Groves $353.87 Ronnie Mask $350.00 Dick Rains $310.00 Thomas Burroughs $301.00 1953 Air Compressor Kimmie Clark $150.00 Thomas Burroughs $125.00 Sewer Rodder Kimmie Clark $150.00 Thomas Burroughs $125.00 1943 GMC Army Truck Thomas Burroughs $150.00 Richard G. Sanders $100.00 F. McMaster $461.00 (Total bid on all items) Alderman Burnett made a motion seconded by Alderman Dalton to accept the bids and refer them to the West Memphis Utility Commission for review and disposition. Upon roll call vote the voting was as follows: -285- AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. Next Mayor Chitman announced that the order or the agenda had been changed bringing Ordinance 02 and 03 forward before the presentation of City Attorney Robert Smith. Being no objections of the City Council, the agenda order was changed. City Attorney Smith read Ordinance 02 an Ordinance to change the Comprehensive Plan from single family residential to apartments on the emergency. Alderman Cooper moved that the ordinance be accepted on its first reading, seconded by Alderman Dalton. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Motion PASSED. Alderman Dalton moved that the rules be suspended and the ordinance be placed on the second reading. The motion was seconded by Alderman Morris. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Motion PASSED. Alderman Dalton made a motion, seconded by Alderman Cooper to further suspend the rules and place the ordinance on its third and final reading . After roll call vote , the voting was as follows : AYES : Aldermen : Burnett , Cooper , Dalton , Guin , Horton, Jackson Morris , Shelton, Sumpter , Brasfield NAYS : Aldermen: None The motion PASSED . City attorney read the ordinance for the third and final time. The Mayor declared the ordinance was open for discussion. Mayor Chitman then put the question: "Shall the Ordinance Pass?" The clerk called the roll. The voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Mayor declared the Ordinance PASSED. Alderman Morris made a motion, seconded by Alderman Dalton that Section3 of the Ordinance be adopted on the emergency clause and be passed. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Motion PASSED. The Mayor declared that section 3 of the Ordinance having been passed, the ordinance was effective immediately. The Ordinance was assigned No. 1233. Copy on file in the Ordinance book in the City Clerk's Office. Next an Ordinance to rezone property in West Memphis on the emergency clause was read by the City Attorney. Alderman Horton made a motion, seconded by Alderman Burnett to pass the Ordinance on the first reading. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. -286- Alderman Morris made a motion, seconded by Alderman Dalton to suspend the rules and place the Ordinance on its second reading. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. The Mayor declared the motion carried. The City Attorney read the Ordinance for the second time. Alderman Dalton made a motion, Imoseconded by Alderman Morris that the rules be further suspended and the ordinance be placed on its third and final reading. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Mayor declared the Ordinance was open for discussion. The Mayor then put the question" Shall the Ordinance pass?" After roll call vote, the voting was: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None. The Mayor declared the Ordinance PASSED. Alderman Dalton made a motion, seconded by Alderman Burnett that Section 3 of the Ordinance be adopted on the emergency clause and be passed. After roll call vote, the voting was: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: none. The Mayor declared that Section 3 of the Ordinance having been passed, the Ordinance was effective immediately. The Ordinance was assigned No. 1234. Copy on file in the City Clerk's Office. Next on the agenda was a Presentation from Robert Smith City Attorney concerning the annexation of the port. Alderman Cooper made a motion, seconded by Alderman Morris for the City Attorney and Mr. Fred Held with Crittenden Abstract to proceed as directed in the annexation of the port property. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None. The motion PASSED. CITIZENS REQUESTS Mr. Carpenter, 211 E. Jackson was present to complain about the enforcement of Ordinance No. 1033 concerning a junk yard at 2nd St. & Jackson. Discussion. Alderman Dalton made a motion, seconded by Alderman Jackson for Charlie George, Code Enforcement Department send out a certified letter to each violator of this ordinance giving the property owner thirty (30) days to clean up their lots or a citation will be issued. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. -287- Houston Thomas, 712 S. 12th, was present to discuss the Sanitation Department and stated he was in favor of keeping our Sanitation Department. Lengthy discussion. Next item on the agenda was the correction or approval of the November 21, 1985 minutes. Alderman Jackson made a motion, seconded by Alderman Cooper to approve the minutes as presented. Upon voice vote of the council, the voting was unanimous. The motion PASSED. Next was the correction or approval of the minutes of the recessed meeting on November 27, 1985. Alderman Morris made a motion, seconded by Alderman Cooper to approve the minutes as presented. Upon voice vote of the council the voting was unanimous. The motion PASSED. Alderman Dalton made a motion, seconded by Alderman Burnett for a five (5) minute recess. Upon voice vote, the voting was unanimous. The meeting recessed at 2:38 and resumed at 2:52 p.m. OLD BUSINESS The first item under Old Business was the second reading of an Ordinance to provide for private contracting, to collect and dispose of garbage and trash repealing ordinance no 180 and all amendments thereto, setting fees and declaring an emergency. City Attorney read the ordinance. Alderman Shelton made a motion, seconded by Alderman Dalton to approve the ordinance on its second reading only. Lengthy discussion. Hiring a Public Works Director was discussed. Lengthy Discussion. Alderman Guin made a motion, seconded by Alderman Burnett to call for the question. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Brasfield NAYS: Aldermen: Sumpterdiii The motion PASSED. Discussion ended. The original motion was voted on at this time. The voting was as follows: AYES: Aldermen: Dalton, Guin, Horton, Morris, Shelton,Brasfield, Sumpter NAYS: Aldermen: Burnett, Cooper, Jackson The motion PASSED. The ordinance passed on its SECOND reading. NEW BUSINESS First item under New Business was a Resolution concerning ten women's organizations and their efforts to clean Broadway, enforcing sign regulations, and collection of trash. City Attorney read the Resolution. Alderman Burnett made a motion, seconded by Alderman Guin that the original Resolution be tabled definitely. Upon voice vote the voting was unanimous. The motion carried. Alderman Burnett made a motion, seconded by Alderman Morris to add the amended Resolution to the agenda as read by City Attorney Smith. Upon voice vote, the voting was unanimous. The motion carried. The resolution was added to the agenda Alderman Burnett made a motion, seconded by Alderman Guin, to adopt the Resolution. After roll call vote, the voting was as follows: — AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. Resolution was assigned No. 1035. Copy on file in the City Clerk's Office. Next City Attorney read Resolution on Dilapidated Houses. Alderman Cooper made a motion, seconded by Alderman Horton to adopt the Resolution. Upon roll call vote the voting was as follows: AYES: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: None. The motion PASSED. Resolution assigned No. 1036. Copy on file in City Clerk's Office. -288- Next item was an Ordinance to waive competitive bidding, establilshing an emergency awarding BFI an exclusive franchise. City Attorney read the Ordinance. Alderman Morris made a motion, seconded by Alderman Jackson to table the Ordinance until the next meeting. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The Motion PASSED. City Attorney Smith advised the City Council that the Ordinance to waive competitive bidding would have to be passed before the 3rd reading of the Ordinance to provide private contracting. Next was an ordinance to regulate solicitation for organizations other than charity. City Attorney read the Ordinance. Alderman Horton made a motion, seconded by Alderman Cooper to adopt the Ordinance. Discussion. Alderman Horton made a motion, seconded by Alderman Morris to amend the Ordinance Section (1) Paragraph (3) to read . . . for two (2) days only and shall be permitted once per year, add a permit fee of $25.00, and delete the emergency clause. Discussion. Alderman Sumpter called for the question. After voice vote of the council the voting was unanimous. Discussion ended. City clerk called the roll on the motion to amend. The voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Horton, Jackson, Morris, Sumpter, Brasfield NAYS: Aldermen; Guin, Shelton The motion PASSED. Next Mayor Chitman called for a roll call vote on the original motion to adopt the ordinance on the first reading as amended. The voting was as follows: AYES: Dalton, Sumpter NAYS: Burnett, Cooper, Guin, Horton, Jackson, Morris, Shelton, Brasfield ler The motion FAILED. Discussion. Alderman Morris made a motion, seconded by Alderman Brasfield to expunge the record on the vote to adopt the ordinance. After roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Brasfield NAYS: Aldermen: Shelton, Sumpter The motion PASSED. Discussion. Alderman Horton made a motion, seconded by Alderman Dalton to adopt the Ordinance on the first reading. Discussion. Alderman Burnett made a motion, seconded by Alderman Brasfield to amend the Ordinance Section (1) Paragraph (2) to read canvassing by solicitors must be made between the hours of 9:00 a.m. and 5:00 p.m. year round. Discussion. Alderman Sumpter called for the question. After roll call vote the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None lbw The motion passed. Discussion ended. Roll call vote to amend the ordinance was taken. The vote was as follows: AYES: Aldermen: Burnett, Cooper,Horton, Jackson, Morris, Sumpter, Brasfield NAYS: Aldermen: Dalton, Guin, Shelton The motion PASSED Roll call vote was taken on the original ordinance with the amendments and no emergency clause. The vote was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Horton, Jackson, Morris,Sumpter, Brasfield NAYS: Aldermen: Guin, Shelton The Motion PASSED. The ordinance PASSED on the FIRST reading. -289- PERMISSION REQUESTS Mayor Chitman announced the Arkansas Highway & Transportation Department would hold a Public Hearing concerning the Service Roads on December 17, 1985 at 7:00 p.m. at City Hall. Mayor Chitman announced at 7:00 p.m. on December 5, 1985 the Lt. Governor would be at City Hall to discuss Amendment 59. Mayor Chitman requested approval of signing a $232,654.02 contract for street parts. Alderman Guin made a motion, seconded by Alderman Horton to authorize the Mayor to sign the contract and pay the bill. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. Mayor Chitman requested permission to pay $6,569.34 for fuel. Wyman Morgan stated the City Council had already approved and waived the bids on the fuel. Alderman Guin asked why Premium Unleaded was purchased. Mr. Morgan advised the council that the Police Department requested it for the police cars. Next Alderman Burnett stated there were 3 lots Charlie George came across during grass cutting season that were owned by the City and purchased by Urban Renewal and asked what the City Council's recommendation would be. Alderman Morris made a motion, seconded by Alderman Jackson to authorize Mr. George to order a title search run on each parcel from an abstract company. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfieldeil NAYS: Aldermen: None The motion PASSED. Wyman Morgan stated that Riceland Foods had contacted him and requested City garbage service for their facilities at the Port. The City Council advised that the city could not pick up outside the city limits and until the port was annexed we could not provide garbage service. COMMITTEE REPORTS Budget Committee Alderman Morris stated there would be a budget session on the 1986 budget on December 9, 1985 immediately following the Sanitation Committee meeting. Fire Commission Alderman Brasfield announced there would be a Fire Commission meeting at 4:30 p.m. on December 9th at City Hall. Sanitation Committee Alderman Shelton announced there would be a Sanitation Committee meeting at 5:00 p.m. on December 9th. Being no further business of the council, Alderman Shelton made a motion, seconded by Alderman Morris to adjourn. Upon . :'ice vote the", voting was unanimous. The meeting adjourned at 4:11 p.m. PASSED and APPROVED this /7-day . �` p 19: t� --. Chitm.n, Mayor ATTEST: ' � Dan Cra , City Clerk