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March 20, 1986 -35- MINUTES WEST MEMPHIS CITY COUNCIL MARCH 20, 1986 The regular meeting of the West Memphis City Council was held Thursday, March 20, 1986 at 1:30 p.m. in the City Council Chambers at the West Memphis City Hall, 205 S. Redding, West Memphis, Arkansas with Mayor Leo Chitman presiding. Mayor Chitman called the meeting to order at 1:34 p.m. iir Prayer was offered by Reverend McDonald, Assistant Pastor of the New Saint Paul Church. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Larry Shelton Roger Sumpter Joe Brasfield William Burnett James Cooper Curtis Dalton Pritchard Horton Roberta Jackson Doug Morris The following persons were absent: Alderman Clarence Guin The first item on the agenda was Bid Openings. Bids for the Community Development Agency were opened by Ms. Tee Gardner and read by City Attorney Smith. DEMOLITION PROJECT #6 CONTRACTOR 520 S.13th 125 S. 15th 307 S. 15th Johnnie Motley $350.00 $380.00 $280.00 Proctor, AR Clarence Weatherspoon NO BID $235.00 $235.00 West Memphis, AR Wallace Construction Co. $300.00 $399.00 $350.00 Marion, AR Rowe & Company $450.00 $375.00 $300.00 West Memphis, AR A&B Construction Co. $275.00 $289.00 $285.00 West Memphis, AR Hodges & Sons $285.00 $430.00 $326.00 West Memphis, AR Alderman Cooper made a motion, seconded by Alderman Burnett to accept the bids and refer them to the Community Development Agency for review and dispostion. Upon voice vote of the Council, the voting was unanimous. The motion PASSED. Next bids for the Code Enforcement Department were opened by Charles George and read by City Attorney Robert Smith. DEMOLITION PROJECT NO.III CONTRACTOR 235 S. 16th 307 S. 12th 501 S. 16th 505 S. 16th 528 S. 13th 324 S.16t Johnnie Motley $300.00 $850.00 $450.00 $400.00 $350.00 $525.00 Proctor, AR Wallace Const. $325.00 $700.00 $500.00 $380.00 $300.00 $800.00 Marion, AR Rowe & Co. $375.00 $800.00 $400.00 $375.00 $330.00 $700.00 West Memphis, AR -36- CONTRACTOR- 235 S.16th 307 S.12th 501 S.16ht 505 S.16th 528 S.13th 324 S.16th A&B Const. $275.00 $698.00 $294.00 279.00 $274.00 $539.00 West Memphis, AR Hill Const. $285.00 NO BID NO BID NO BID $285.00 NO BID West Memphis, AR Alderman Morris made a motion, seconded by Alderman Burnett, to accept the bids and refer them to the Code Enforcement Department for review and disposition. Upon voice vote of the Council, the voting was unanimous. The motion PASSED. Next item on the agenda was CITIZENS REQUESTS. A Charles Thomas - 2407 N. Gathings - present to find out the decision on the Small Claim for his fishing net the Sanitation Department picked up. Alderman Jackson reported the 1986 Small Claims Committee had met and read a letter from City Attorney Smith recommending the claim be denied. Lengthy discussion followed. Alderman Jackson made a motion, seconded by Alderman Cooper to deny the claim of $226.28. Discussion. Alderman Morris made a motion to call for the question, seconded by Alderman Burnett. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper , Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion PASSED. Discussion ended. Roll call vote was taken on the original motion to deny the claim. The voting was as follows: AYES: Aldermen: Shelton, Burnett, Cooper, Dalton, Jackson NAYS: Aldermen: Sumpter, Brasfield, Horton, Morris Mayor Chitman voted at this time. The motion PASSED. The claim was denied. Bill Massey - 3908 E. Broadway - Present representing Lockridge Mobile Homes and asked for a variance to put a mobile home at his place of business to be used for a night watchman and to be a residence temporarily. Discussion. Alderman Cooper made a motion, seconded by Alderman Dalton, to grant the special zoning permit for one year from this date. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Burnett The motion PASSED. Variance was granted from March 20, 1986- March 20, 1987. Ronald Wilson, attorney - 510 W. Tyler - present representing the Greater Saint Marks Church who is opposing any re-zoning of Lot 27 of Broadway Park Third Addition as shown in the Ordinance (0-1) on the agenda. Clint Saxton attorney was present representing William L. Johnson Co, and stated he and his client had met with the representatives of the Church and they had agreed to add certain restrictions in the contract that would make it suitable for both parties involved and that they were all suppose to meet again. Next was the correction or approval of the minutes of the March 6, 1986 City Council Meeting. Alderman Shelton made a motion, seconded by Alderman Cooper to approve the minutes of the March 6, 1986 meeting. Upon voice vote, the voting was unanimous. The motion PASSED. OLD BUSINESS First item under Old Business was the second reading of an Ordinance authorizing Aldermen and members of the City Council of the City of West Memphis, -37- Arkansas to become interested in the profits of any concessions or vending machines placed on any property owned by the City of West Memphis, Arkansas and for other purposes. City Attorney Smith read the Ordinance for the second time. Alderman Dalton made a motion, seconded by Alderman Morris to approve the Ordinance on the second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen; Shelton, Sumpter, Burnett, Cooper, Dalton, Horton, Jackson„ Morris NAYS: Aldermen: None Alderman Brasfield abstained from the vote. The motion PASSED. The Ordinance PASSED on the SECOND reading. Next was the second reading of an Ordinance to amend Ordinance No. 956 dated January 6, 1979 to regulate fees charged for Building Permits and Inspections within the corporate limits of the City of West Memphis. City Attorney Smith read the Ordinance for the second time. . Alderman Dalton made a motion, seconded by Alderman Cooper to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion PASSED. The Ordinance PASSED on its SECOND reading. NEW BUSINESS First item under New Business was a Resolution concerning dilapidated houses (Code Enforcement). City Attorney Smith read the Resolution. Alderman Cooper made a motion, seconded by Alderman Burnett, to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Burnett, Cooper, Dalton, Horton, Jackson NAYS: Aldermen; Morris The Resolution PASSED and was assigned No 1043. (Copy on file in the City Clerk's Office. ) Next was a Resolution recommending a change in the Comprehensive Plan for single family residence to Mobile Home. City Attorney read the Resolution. Alderman Morris made a motion, seconded by Alderman Dalton, to adopt the Resolution. Discussion. Alderman Burnett stated for the record he felt the Planning Commission should take a little closer look into changes requested before they recommend changing the Comprehensive Plan and that we are now in the process of writing a new Comprehensive Plan. Upon roll call vote of the original motion, the voting was as follows; AYES: Aldermen: Shelton, Sumpter, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion PASSED. The Resolution was adopted and assigned No. 1044. Copy on file in the City Clerk's Office. Next item under New Business was an Ordinance to rezone lot 27 of Broadway Park Third Addition as shown by Plat of Record in Plat Book 2 at Page 262 of the City of West Memphis Arkansas and lot 8, Block 187, of the Subdivision of the NE 4 of Section 17 T-6-N, R-9-E as shown by Plat of Record in Plat Book 2 at Page 279, of the City of West Memphis, Arkansas declaring an emergency. City Attorney Smith read the Ordinance. Alderman Burnett made a motion, seconded by Alderman Cooper, to delete the emergency clause and read on the first reading only. Upon roll call vote, the voting was as follows: -38- AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen; None The motion carried. Alderman Burnett made a motion, seconded by Alderman Dalton, to adopt the Ordinance on the first reading only. Discussion. Attorney Saxton stated the Ordinance was writted incorrectly stating no persons were present to object and "no persons" should be corrected to read "two persons." City Attorney to made the change in the Ordinance. Upon roll call vote to adopt the Ordinance on its first reading the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett,Dalton„Horton, Morris NAYS: Aldermen: None. Aldermen Cooper and Jackson abstained from the vote. Alderman Burnett was absent from the vote at this time. The Motion carried. The Ordinance PASSED on its FIRST reading. Next, was an Ordinance to repeal Ordinance No. 776, dated, May 17, 1973, declaring peddling and soliciting a nuisance, providing a penalty therefore, and providing exemptions for charitable organizations and business which have current Privilege License in the City of West Memphis, Arkansas, and , further providing for residents who do not desire peddling or soliciting on their premises . City Attorney Smith read the Ordinance . Alderman Morris made a motion, seconded by Alderman Cooper to add the Emergency Clause. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen; Sumpter, Burnett The motion carried. City Attorney Smith dictated Section 5 adding the Emergency Clause to Ms. Cindy Early which read as follows: Section 5 - It having been determined by members of the West Memphis City Council that there is an urgent need for this Ordinance due to the fact the local business wishes to take advantage of the provisions of this Ordinance, an emergency is hereby declared to exist, and this Ordinance be necessary for the preservation, peace, safety, and welfare of the people, shall become effective immediately on the passage and approval. Alderman Cooper made a motion, seconded by Alderman Jackson, to adopt ord/ the Ordinance with the Emergency Clause added. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Burnett PASS: Aldermen: Sumpter The motion carried. Alderman Shelton made a motion, seconded by Alderman Cooper, that the rules be suspended and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Sumpter , Burnett The motion carried. City Attorney read the Ordinance for the second time. -39- Alderman Dalton made a motion, seconded by Alderman Cooper, 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: AYES: Aldermen: Shelton, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Sumpter, Burnett The motion carried. City Attorney Smith read the Ordinance for the third and final time. Discussion. Alderman Cooper made a motion, seconded by Alderman Morris, to call for the question. Roll call vote was taken and was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Burnett The motion carried. Discussion ended. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Cooper made a motion, seconded by Alderman Dalton to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Brasfield, Burnett The motion carried. Alderman Morris made a motion, seconded by Alderman Dalton, that the Emergency Clause, Section 5 be adopted. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Brasfield, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: Sumpter, Burnett The motion carried. The Ordinance PASSED and was assigned No. 1240. (Copy on file in the City Clerk's Office. ) Alderman Morris made a motion, seconded by Alderman Dalton to recess for ten minutes. Upon voice vote of the Council, the voting was unanimous. The meeting recessed at 3:18 and resumed at 3:30 p.m. Next was an Ordinance to waive competitive bidding on fleet insurance declaring an emergency. City Attorney Smith read the Ordinance. Alderman Morris made a motion, seconded by Alderman Shelton to accept the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion carried. Alderman Shelton made a motion, seconded by Alderman Cooper, to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris liwNAYS: Aldermen: None The motion carried. City Attorney read the Ordinance for the second time. Alderman Shelton made a motion, seconded by Alderman Cooper, to further suspend the rules and place the Ordinance on its third reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: None City Attorney Smith read the Ordinance for the third and final time. Discussion. Mayor Chitman asked "Shall the Ordinance Pass?" irr► -40- Alderman Dalton made a motion, seconded by Alderman Cooper, to adopt the Emergency Clause, Section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS : None The Ordinance PASSED and was assigned No. 1241. Copy on file in the City Clerk's Office. PERMISSION REQUESTS Mayor Chitman asked for authorization to sign a contract with AP&L as recommended by the Utility Commission. Mr. Johnson stated all of the other cities involved had signed the contract. He also stated due to savings from this contract and the peakage contract there could possibly be a rate decrease in the near future. Alderman Dalton made a motion, seconded by Alderman Sumpter to authorize the Mayor to sign the contract with AP&L. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion carried. Next, Mr. Johnson requested City Council's approval of creating the new position of Assistant Water Superintendant at a pay rate of $750.00 Semi-Monthly. Alderman Morris made a motion, seconded by Alderman Dalton to approve the new position in the Utility Department. Upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The motion carried. Mr. Johnson gave a brief report on the progress of the Sewer Treatment Plant. Phase I is completed and Phase II has been submitted for review and approval. He stated everything is going very satisfactorily according to Bond Engineering and should be completed by the late 1986 deadline. Mayor Chitman reported on the Governors Conference on Tourism. He stated he issued a Proclamation to Governor Bill Clinton proclaiming the week of March 16-22 as Governor Bill Clinton Week in West Memphis, Arkansas. ALderman Dalton made a motion, seconded by Alderman Cooper, to make this Proclamation a permanent record of the City of West Memphis. Upon voice vote of the Council, the voting was unanimous. Copy on file in Clerk's Office. COMMITTEE REPORTS Annexation of the Port was discussed. Alderman Dalton made a motion, seconded by Alderman Sumpter, that the question of annexation of the West Memphis/ Crittenden County Port be put on the November ballot. Alderman Dalton withdrew his motion. Alderman Sumpter withdrew his second. uml Alderman Morris made a motion, seconded by Alderman Dalton for the City Attorney to pursue and report back as to the best way to go about annexation of the Port. Alderman Shelton left the meeting at this time. Mayor Chitman announced there would be a Hands Across America meeting at the Civic Center on this day at 7:00 p.m. -41- Mayor Chitman announced Ms. Wendy Chapman, Mayor of Adelain, Australia had visited our City for the Governor's Conference and he had presented her with a key to the City and a brief case. Alderman Burnett announced he had received information pertaining to purchasing a City of West Memphis pin for City Officials and they would cost approximately $80.50 per pin. Anyone interested in purchasing one is to contact him. lirAlderman Sumpter made a motion, seconded by Alderman Burnett to adjourn. Upon roll call vote of the Council the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Horton, Jackson, Morris NAYS: Aldermen: None The meeting adjourned at 4:25 p.m. PASSED and APPROVED this ��� 7 day of y' , 1986. - , -, r �f —► "Fray r Leo Chitman ATTEST: Lbw /(-47./V City Clerk n " t