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August 7, 1986 -105- MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 7, 1986 A regular meeting of the West Memphis City Council was held on Thursday, August 7, 1986 at 1:30 p.m. in the City Council Chambers at the West Memphis City Hall, 205 S. Redding in West Memphis, Arkansas. Mayor Leo Chitman presided. Mayor Chitman called the meeting to order at 1:34 p.m. Prayer was offered by Reverend W. P. Connell of the First United Methodist lb, Church. Secretary Cindy Early called the roll in the absence of City Clerk Dan Craft. Those present were: Mayor Leo Chitman City Attorney Robert Smith Aldermen: Larry Shelton Roger Sumpter Joe Brasfield Bill Burnett James Cooper Al Boals Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Absent: City Clerk Dan Craft First item on the agenda was Bid Openings. Bids for Property Insurance were opened by Wyman Morgan and read by City Attorney Robert Smith BIDDER AMOUNT J.H. Hale Insurance West Memphis, AR $30,540.00 Arthur Gallagher & Co. West Memphis, AR $21,626.00 Alderman Cooper made a motion, seconded by Alderman Morris, to accept the bids and refer them to the Insurance Commission for review and disposition. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson, Morris NAYS: Aldermen : None The motion carried . Next, bids for the Street Department were opened by Wyman Morgan and read by City Attorney Smith. 1987 PICK-UP TRUCK BIDDER AMOUNT Tom Gibson Ford West Memphis, AR $9.287 .84 Alderman Horton made a motion, seconded by Alderman Cooper to accept the bids and refer them to the Public Works Committee for review and disposition, upon roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Cooper, Boals, Guin, Horton, Jackson, Morris NAYS: Aldermen: None PASS: Aldermen: Burnett The motion carried. -106- Mayor Chitman recognized Alderman Burnett who introduced his mother, Ms. Francis Burnett. CITIZENS REQUESTS David Capasso, Representative from ACORN - present to request an extension on the two-day permit purchased to solicit funds to go for a campaign to fight rape. Their request was for two to four additional days. Discussion. City Council advised Mr. Capasso that this permit was set up by Ordinance and they would have to amend the ordinance or pass a new ordinance. Permission was denied. Greg Britton, 204 W. Oliver - present in behalf of the home-owners on the 200 block of W. Oliver. Presented a petition requesting the Planning Commission, City Council, and Mayor rezone the 200 block of W. Oliver to Single- Family. This property is zoned Multi-Family at the present time. City Attorney Smith advised Mr. Britton that the Public Hearing on the New Zoning Ordinance was July 30, 1986 and all changes were made at this time. He also stated the new Ordinance would be on the next City Council agenda. Mr. Britton advised he was at the Public Hearing but did not have his petition at that time. Mr. Smith advised Mr. Britton that this was a council decision and he could come to the next meeting when this ordinance would be discussed. Alderman Brasfield made a motion, seconded by Alderman Horton to accept his petition. Upon voice vote, the voting was unanimous. Petition given to Ms. Early to file in the City Clerk's Office. Next on the agenda was the correction or approval of the minutes of the July 17th, 1986 City Council minutes. Alderman Burnett made a motion, seconded by Alderman Guin to make a correction in the minutes deleting Alderman Boals name from the minutes where ever it appears due to his absence. Upon milvoice vote, the voting was unanimous. Alderman Burnett made a motion, seconded by Alderman Horton to approve the minutes as corrected. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Next, was the correction or approval of the minutes of the Special City Council meeting on July 29, 1986. Alderman Burnett made a motion, seconded by Alderman Cooper to accept the minutes as presented. Upon roll call vote the voting was as follows: AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Boals , Guin , Horton , Jackson, Morris NAYS : Aldermen : None The motion carried . Alderman Sumpter asked to be excused from the meeting for fifteen minutes. OLD BUSINESS First item under Old Business was the second reading of an Ordinance accepting and annexing to the City of West Memphis, Arkansas, a .67 acre tract of land lying in the WZ SE4 of Section 6, Township 6 North, Range 9 East. City Attorney Smith read the Ordinance. Alderman Horton made a motion, seconded by Alderman Burnett to accept the Ordinance on its second reading. Upon roll call vote, the voting was as follows: -107- AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson, Morris NAYS : Aldermen : None The motion carried . The Ordinance PASSED on its SECOND reading. NEW BUSINESS First item under New Business was a Resolution authorizing the Community Development Agency to apply for additional rental rehabilitation funds from lbw the U.S. Department of Housing and Urban Development. City Attorney Smith read the Resolution. Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the Resolution. Mayor Chitman stated he had designated Mr. Martin Fretty as acting Director of the Community Development Agency and asked Mr. Fretty to come forward and explain the program. Discussion. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton , Brasfield, Burnett , Cooper , Boals , Guin , Horton , Jackson , Morris NAYS : Aldermen : None The motion carried . The Resolution was assigned No. 1062. Copy on file in the City Clerk's Office. Second item under New Business was a Resolution on annual tax levy for Policemen's Pension and relief fund. City Attorney Smith read the Resolution. Alderman Cooper made a motion, seconded by Alderman Horton to adopt the Resol9tion. Upon roll call vote the voting was as follows: AYES : Aldermen : Shelton , Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Resolution was assigned No. 1063, Copy on file in the City Clerk's Office. Third item under New Business was a Resolution for annual city tax levy for general purposes; 1.8 mills; for debt service, 1.8 mills, and,, public city library, .4 mill. City Attorney Smith read the Resolution. Alderman Boals made a motion, seconded by Alderman Guin to adopt the Resolution. Upon roll call vote, the voting was: AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton , Jackson , Morris NAYS : Aldermen : None The motion carried . Resolution was assigned No. 1064. Copy on file in the City Clerk' s Office. Fourth item under New Business was a Resolution for annual tax levy for Firemen's Pension and relief fund. City Attorney Smith read the Resolution. lbw Alderman Morris made a motion, seconded by Alderman Cooper to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton, Brasfield, Burnett , Cooper , Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Resolution was assigned No. 1065. Copy on file in the City Clerk's Office. Next item under New Business was a Resolution added to the agenda in Pre Council concerning annexing the Port. City Attorney Smith readthe Resolution. 41111 -108- Alderman Guin made a motion, seconded by Alderman Burnett to adopt the Resolution. Upon roll call vote, the voting was: AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Resolution was assigned No. 1066. Copy on file in the City Clerk's Office. Next item on the agenda under New Business was an Ordinance to amend Ordinance No. 1253, pertaining to the Sales Tax of the City of West Memphis. City Attorney Smith read the Ordinance. Alderman Guin made a motion seconded by Alderman Cooper to approve the Ordinance on its first reading. Upon roll awl call vote, the voting was: AYES : Aldermen : Shelton, Brasfield, Burnett , Cooper , Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Alderman Burnett made a motion, seconded by Alderman Guin, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was: AYES : Aldermen : Shelton , Brasfield , Burnett , Cooper , Boals , Guin, Horton , Jackson, Morris NAYS : Aldermen : None The motion carried . City Attorney Smith read the Ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Burnett to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was: AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton, Jackson, Morris NAYS : Aldermen : None The motion carried . City Attorney Smith read the Ordinance for the third and final time. Discussion. Mayor Chitman asked " Shall the Ordinance Pass? " Alderman Morris made a motion seconded by Alderman Cooper to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton , Jackson, Morris NAYS : Aldermen : None The motion carried . Alderman Cooper made a motion, seconded by Alderman Horton, to adopt the Emergency Clause, Section three. Upon roll call vote, the voting was: AYES : Aldermen : Shelton, Brasfield, Burnett , Cooper , Boals , Guin, Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Mayor Chitman stated " The Ordinance and the Emergency Clause, Section three is adopted. The Ordinance was assigned No. 1255. Copyell on file in the City Clerk's Office. PERMISSION REQUESTS First item under Permission Requests was a recommendation from the Planning Commission to approve the Preliminary and Final Plat of Phase I of Wal-Mart Shopping Center addition. Alderman Shelton made a motion, seconded by Alderman Guin to approve the plats. Upon roll call vote, the voting was: j-109- AYES : Aldermen : Shelton, Brasfield , Burnett , Cooper , Boals , Guin , Horton , Jackson , Morris NAYS : Aldermen : None The motion carried . Alderman Guin made a motion, seconded by Alderman Burnett for a ten minute recess to discuss filling the vacancy in the Utility Commission. Upon voice vote, the voting was unanimous. Meeting recessed at 2:25 p.m. and resumed at 2:37 p.m. Mayor Chitman requested authorization to sign a Purchase Order to Arkansas Municipal League Workers Compensation Trust Fund in the amount lbw of $57,444.00. Alderman Horton made a motion, seconded by Alderman Burnett to grant this authorization. Upon roll call vote, the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Boals , Guin, Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Mayor Chitman advised that he had made the promotions in the Fire Department. COMMITTEE REPORTS Alderman Guin stated the Sanitation Committee recommends Mayor Chitman notify Judge Williams of our intentions to use the County Landfill. Sanitation Committee also recommended Mayor Chitman consider continuing the Sanitation Dept. pick up trash on Mondays and garbage on Tuesday through Friday. Sanitation Committee to meet Monday at 6:00 p.m. at City Hall. Alderman Guin stated the stop lights on Broadway at Rhodes need adjusting going north and south on Rhodes. lir Alderman Burnett announced the Town Meeting concerning the 1% Sales Tax would be August 12, 1986 at 7:30 p.m. at the Civic Auditorium. Work session to be Monday at 7:00 p.m. Alderman Morris stated the Budget Committee had a budget change request from the Parks & Recreation Department to purchase trash containers for the parks. ACCOUNT ACCOUNT It INCREASE/DECREASE AMOUNT Binding/Printing/Reprod. 151-510-00 x $ 75.00 Small Equipment 151-906-00 $1,250.00 Alderman Morris made a motion, seconded by Alderman Burnett to approve the budget request. Discussion. Alderman Cooper stated the containers purchased needed to comply with city ordinance. Alderman Shelton made a motion seconded by Alderman Brasfield to amend the request to take out of the Sanitation Department budget instead of the Parks & Recreation budget. Discussion. Roll call vote was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Horton NAYS: Aldermen; Burnett, Cooper, Boals, Guin, Jackson, Morris The motion failed. lieRoll call vote was taken on the original motion to approve the budget request: AYES: Aldermen: Burnett, Cooper, Boals, Guin, Horton, Jackson, Morris NAYS: Aldermen: Shelton, Brasfield PASS: Aldermen; Sumpter The motion carried. Alderman Morris stated the roof was leaking at Fire Station No. 4 and Razorback Roofing had given them a bid of $2,340.00 and guaranteed his work for one year. Matter tabled until the next City Council meeting. -110- Alderman Guin stated the Leasing Committee had met and recommended the Mayor advertise for bids on the old Terrell Looney Pool property for sale and that the proceeds be placed in an escrow account for construction of a new city pool when and if funds are available, and also recommended that when a new pool is built the name remain the same. Alderman Guin stated this was also a recommendation from the Parks and Recreation Commission. Discussion was held on whether or not dirt that is being hauled by the city could be used to fill in at the LR Jackson Girls Club. Mayor Chitman stated the city could not compete with private concerns. City Attorney Smith stated that since the Girls Club is leasing the "` property,the city could not go on the propertyand do work. Alderman Brasfield reported on the Senior Citizen Committee. He stated five people from each ward needed to be chosen by the Aldermen in each ward and have one of those five people as spokesman to meet with the main committee. Alderman Brasfield requested the Aldermen in each ward turn in their list of five people at the next council meeting. Alderman Horton made a motion, seconded by Alderman Brasfield to nominate Marilyn Renfroe be re-appointed for her position on the Utility Commission. Alderman Guin made a motion, seconded by Alderman Burnett that the nominations cease. Upon voice vote, the voting was unanimous. Voice vote was taken on the motion to nominate Marilyn Renfroe to the Utility Commission. The voting was unanimous. Alderman Guin made a motion, seconded by Alderman Morris to adjourn. Upon roll call vote, the voting was as follows: AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , eml Boals , Guin , Horton, Jackson , Morris NAYS : Aldermen : None The motion carried . Meeting adjourned (in the dark) at 3:56 p.m. PASSED and APPROVED this cr day of °;;;L/7 lr' , 1986. IA*4°1411 AYIR LEO CHITMAN ATTEST: CITY CLE' DAL C T