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June 5, 1986 -75- MINUTES WEST MEMPHIS CITY COUNCIL JUNE 5, 1986 The regular meeting of the West Memphis City Council was held on Thursday, June 5, 1986 at 1 :30 P.M. in West Memphis, Arkansas at City Hall , 205 South Redding Street in the Council Chambers with Mayor Leo Chitman, presiding. law City Clerk, Dan Craft, called the roll and the following persons were present: Mayor Leo Chitman City Attorney, Robert Smith Aldermen: Al Boals Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Roger Sumpter Joe Brasfield Bill Burnett James Cooper Absent: Larry Shelton Prayer was offered by Rev. Norman McDonald, New St. Paul M. B. Church, West Memphis, Arkansas. The next item on the agenda was Citizen Request. Ms. Jo Ann Vavoruis, 600 Mound City Road, West Memphis , Arkansas, requested permission that the City Council allow a company based in Texas to open a termin.l in West Memphis without the asphalt paved parkings. The Council denied this req est. Ms. Willie Mae Barton, 128 South 21st Street, West Memphis made a request t the City Council that she be allowed to sell refreshments at the South 25th Stre t Park. This request was referred to the Parks Commission. Next on the agenda was the correction or approval of the minutes of May 15, ,1986 meeting. Alderman Burnett made a motion and seconded by Alderperson Jackson to approve the minutes as presented of the May 15, 1986 City Council Meeting. Upon voice vete, the voting was unanimous. The Minutes were approved. lbw OLD BUSINESS: NONE NEW BUSINESS: The first item under New Business was R-1 A resolution recommending a chang in the West Memphis Comprehensive Plan from M-1 Limited Industrial District to B-2 eneral Business District. City Attorney Smith read the Resolution. Alderman Guin made 'a motion and seconded by Alderman Cooper to adopt the Resolution. Upon roll call vote, the voting was as follows: -7 6- Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper No: Aldermen: None The Motion Carried. The Resolution was assigned Resolution No. 1049. A copy is on file in the City Clerk' s Office. The Next item was R-1 A Resolution recommending a change in the West Memphis Comprehensive plan from Commercial to single family residential . City Attorney Smith read the Resolution. Alderman Burnett made the motion and seconded by Alderman Morris to adopt the Resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper No: Aldermen: None The Motion Carried. The Resolution passed and was assigned Resolution No. 1050. A copy is on file in the City Clerk' s office. The Next item of business was 0-1 An Ordinance providing for levy of a local sales and use tax of 1% of the retail sales within the City of West Memphis , Arkansas. City Attorney Smith read the Ordinance for the first time. Alderman Cooper made the motion and seconded by Alderman Guin to adopt the Ordinance on the first reading. There was discussion. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Brasfield, Burnett, Cooper. No: Aldermen: Sumpter The Motion Carried. The Ordinance passed on the First Reading. The next item of business was 0-2 which was deleted from the agenda at this time. The next item of business was 0-3 An Ordinance to Rezone Lot 4, Taylor- Hemmenway Subdivision, located at the southeast corner of Missouri Street and Dover Road, with frontage on Missouri Street 121 . 5 feet, more or less declaring an emergency and for other purposes. City Attorney Smith read the ordinance in its entirety. Alderman Burnett made the motion and seconded by Alderman Boals to accept the ordinance. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper. No: Aldermen: None The Motion Carried. MI -7 7- Alderman Guin made a motion and seconded by Alderman Burnett to suspend the rules and the ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnet, Cooper. No: Aldermen: None 160 City Attorney Smith read the Ordinance for the second time. Alderman Burnett made a motion and seconded by Alderman Cooper to further suspend the rul -s and the ordinance be placed on its third and final reading. Upon roll call vote. the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris , Sumpter, Brasfield, Burne t and Cooper No: Aldermen: None The Motion Carried. City Attorney read the ordinance for the third and final time. Discussion. Mayor Chitman asked, "Shall the ordinance Pass?" Alderman Morris made the motion and seconded by Aldermen Cooper that the ordinance be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burn:tt, iwo and Cooper. No: Aldermen: None The Motion Carried. Alderman Guin made a motion and seconded by Alderman Burnett that the Emer ency Clause, Section III be adopted. Upon roll call vote, the voting was as follows Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper No: Aldermen: None The Motion Carried. The Ordinance was assigned Ordinance No. 1250. (A copy is'',, on file in the City Clerk's Office). The next item on the agenda was 0-4 which was deleted at this time. The next item was 0-5 An Ordinance to rezone a 4.04 acre parcel of land being a part of Lot 2 of the first addition to West Wood shopping center sub- division, West Memphis, Arkansas and being 200 Rice Street and declaring and iwo emergency, and for other purposes. City Attorney Smith read the ordinance in its entirety. Alderman Burnett made a motion and seconded by Alderman Morris to accept the ordinance. Upon roll call vote, the voting was as follows: -78- Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper. No: Aldermen: None The Motion Carried. Alderman Sumpter made a motion and seconded by Alderman Morris to suspend the rules and the ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, eitBurnett, Cooper No: Aldermen: None The Motion Carried. City Attorney Smith read the Ordinance for the second time. Alderman Cooper made a motion seconded by Alderman Boals 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: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett and Cooper No: Aldermen: NOne The Motion Carried. City Attorney read the ordinance for the third and final time. Discussion. Mayor Chitman asked, "Shall the Ordinance Pass?" Alderman Morris made a motion and seconded by Alderman Burnett that the ordinance be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper No: Aldermen: None The Motion Carried. Alderman Cooper made a motion and seconded by Alderman Guin to adopt the Emergency Clause, Section III. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper No: Aldermen: None The Motion Carried. The Ordinance was adopted and assigned Ordinance No. 1251 . (A copy is on file in the City Clerk's Office). Mayor Chitman at this time recognized Alderman Doug Morris concerningeil placing a Resolution on the Agenda which will be Resolution No. 3, concerning the West Memphis City Council ratifying the signature of the Mayor of the City of West Memphis in signing the assignment Contract between Bill and Frankie Yen to Greenbriere Developers, Inc. Alderman Morris made a motion and seconded by Alderman Cooper to place the -79-I Resolution on the agenda. Upon voice vote, the voting was unanimous. The Motion Carried and the Resolution was placed on the agenda. City Attorney Smith read Resolution No. 3, "Resolved: That the West Memphis City Council ratify the signature of the Mayor of the City of West Memphis in silining the Assignment Contract between Bill and Frankie Yen to Greenbriere Developers, Inc. The Act was necessary upon the City receiving $200,768.70, balance and interest eue on the Contract of Sale of Property formerly known as Tabernacle Church Property " Alderman Morris made a motion and seconded by Alderman that the Resolution be adopted. Discussion. During discussion on the Resolution an Alderman Cooper made a motion and seconded by Alderman Morris that the following amendment be added to the Resolution. "The City Council Authorize the Mayor to Pay Mr. Pugh with Pugh Abstract Company the sum of $90.00 for services rendered. Upon voice vote, the voting was unanimous. The Motion Carried. Upon roll call vote on the Resolution with the Amendment, the voting was as ' follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper. No: Aldermen: None The Motion Carried. The Resolution was Adopted and Assigned Resolution No. 10511 A copy of this Resolution is on file in the City Clerk's Office. Alderman Boals made a motion and seconded by Alderman Guin that the sum of $200,768. 70 from the sale of tabernacle property be divided by putting $100,000.0 in an interest bearing account and $100,768.70 in 90 day CD. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper No: Aldermen: None The Motion Carried. Mayor Chitman recognized Alderman Roger Sumpter concerning a Resolution ask ng Lew permission from the Library to consider allowing the Fire Department to convert he Library on Broadway into a Fire Station to be placed on the agenda. City Attorney Robert Smith made a ruling that Alderman Sumpter had applied with the rules and regulations in order to get Resolution No. 4 on the agenda fo' the City Council Meetings that was omitted from the agenda. It was recommended by the City Attorney that R-4 be placed on the agenda. -80- Alderman Sumpter made the motion and seconded by Alderman Brasfield to adopt the resolution. Discussion. Mayor Chitman ruled to end debate. Upon roll call vote, the voting was as follows: Aye: Aldermen: Sumper & Brasfield No: Aldermen: Boals, Guin, Horton, Jackson, Morris, Burnett, and Cooper The Motion Failed. The next item on the agenda was Permission Request. The City Council voted on each item separately that was recommended by the Planning Commission. 1 . The Change in the comprehensive plan and the rezoning of the property described in petition #06-86 from B-2 General Business to RS-6 Single Family Residential . Alderman Burnett made a motion and seconded by Alderman Sumpter to approve the above recommendation. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett. No: Aldermen: None Pass: Alderman Cooper The motion carried. No. 1 was approved. 2. The Change in the comprehensive plan and the rezoning of property described in petition #07-86 from M-1 Limited Industrial to B-2 (General Business). Alderman Morris made a motion and seconded by Alderman Burnett to approve recommendation No. 2. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper No: Aldermen: None The Motion Carried. No. 2 was approved. 3. Final plat approval of Lot 2 of the First Addition to Westwood Shoping Center Subdivision known as Westgate, subject to: A. City Council 's approval of the rezoning of this property. B. Approval of the West Memphis Utility Department. C. Either entering into a tri-party contract for installation of the improvements of the actual construction of the required sewer improve- ments needed for the single-family subdivision. Alderman Guin made a motion and seconded by Alderman Morris to approve recommendation No. 3. Upon roll call vote, the voting was as follows: Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, and Cooper No: Aldermen: None The Motion Carried. No. 3 was approved with corrections as for as easement. -81- Alderperson Jackson made a motion and seconded by Alderman Horton to have a 5-minute recess. The meeting was called back to order at 3:46 P.M. COMMITTEE REPORTS Mayor Chitmanstateda request was made to the City from the Crittenden County Sesquicentennial Committee to spray for mosquitoes at the Slaughter's resident in the County for the reenactment of the Civil War for the Sesquicentennial celebration if there is a fee let the County know. Alderman Boals made a motion and seconded by Alderman Morris to have the County pay the sum of $10.00 to the City for services rendered. Upon voice vote, the voting was unanimous. During Committee reports Alderman Bill Burnett stated that the Weed Controql Program needs to be checked into closer in order to make sure that the spray company that was awarded the contract for spraying the city make sure they follow the specifications outlined in the contract. Alderman Clarence Guin reported that the Sanitation Commission will meet on Tuesday, June 11 , 1986 at 5:00 P.M. , City Hall , and all City Council persons Iwo are asked to attend. Alderperson Roberta Jackson made the Small Claims Report by stating that Mrs. Evelyn Harlow, 517 Highland, West Memphis, reported that the Sanitation Department workers had picked up 35 record albumns valued at $8.94 each for a total of $312.90. Alderman Jackson made a motion and seconded by Alderman Burnett that this claim be denied. Upon voice vote, the voting was unanimous. The Claim was denied. APPOINTMENT Mayor Chitman reported that he had appointed Mr. Cleon Brown as Street Department Director effective June 1 , 1986. ANNOUNCEMENTS: Mayor Chitman announced that he will sign contracts for the following as lbw of today June 5, 1986. 1 . Avery-Butler Homes, Inc. ; (Meadowbrook Office Parks and Village Sub ivision) 2. W. L. Johnson Company, Inc. 3. Contract for professional services for Brawley Consulting Engineers. He also announced that: 1 . He will be out of town for litigation on the Meadows Case in St. Paul, Minnesota on June 6 - 10, 1986. -82- 2. He will be attending the Arkansas Municipal League meeting beginning on June 15 - 18, 1986 in Hot Springs, Arkansas. 3. Will be attending a HUD meeting in Fort Worth, Texas on July 16-18, 1986. Mayor Chitman requested permission from the City Council to upgrade the plat book in the Code Enforcement Office and award the bid to the local engineers that bidded. Alderman Morris made a motion and seconded by Alderman Burnett to grant permission to the Mayor to award the local engineers that bidded on upgrading the plat book permission to up grade the plat book. Upon voice vote, the voting was unanimous. (Not to exceed a certain figure). The Motion Carried. Mayor Chitman stated that the he had written a letter to Mr. B. K. Cooper, with the Highway Department and send 10% of the Cost of Airport Road Cost which is $27,392.40 city's share. The Mayor reported that he Cotton Belt Railroad personnel will began working on the railroad crossings throughout the city. Mayor Chitman also reported that he had received a letter from the Mayor of Vancover, Canada for Birthday Celebration asking the city of West Memphis to send something from the city to be displayed in Canada. He wanted to know what direction they wanted him to take. Alderman Sumpter made a motion and seconded by Alderman Horton that the Mayor send something worthy to Vancover, Canada to be displayed as representing the City of West Memphis. Upon voice vote, the voting was unanimous. The Motion Carried. Mayor Chitman reported that the Fire Stations are still being closed on a rotating basis. West Memphis Technical Advisory Committee concerning the New Zoning Ordinance will meet at City Hall on June 11 , 1986 at 1 :30 P.M. Mayor Chitman stated that he has a contract that Mr. Eddie Brawley is implementing concerning the West Memphis Street/Bridge Improvements Program and wanted the council 's permission to implement this program. Alderman Burnett made a motion and seconded by Alderman Cooper to give Mr. Brawley permission to go ahead with the street Bridge improvements program. Upon roll call vote, the voting was as follows: -83- Aye: Aldermen: Boals, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burne t, and Cooper No: Aldermen: None The Motion Carried. Mayor Chitman reported that the Street Improvement Contract with the Community Development Agency has been awarded to Cameron Construction of Jonesboro, Arkanss. iforAlderman Guin made a request that the Fire Commission change the time of th it meeting on Tuesday, June 10, 1986 at 6:00 P.M. to 7:00 P.M. on that date. The Chairman of the Fire Commission agreed. Alderman Sumpter asked to be excused at this time. There was discussion by the City Council Members on the Police Department as to why were police officers leaving the department and the replacement of new police officers. (Lengthy discussion). Alderperson Roberta Jackson asked to be excused at this time. There being no further business to come before the Council at this time, Alderman Guin made a motion and seconded by Alderman Morris to Recess the City Council Meeting until Thursday, June 12, 1986 at 5:00 P.M. , to discuss the landfill, at the County. Imo The meeting was recessed at 4:49 P.M. PASSED AND APPROVED this day of,-.7.7//r,: 1986. -1,)/13011101°- Leo ,Chi tman, Mayor ATTEST 400°' I City Ce ',1V'