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November 20, 1986 -147- MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 20, 1986 A regular meeting of the West Memphis City Council was held Thursday, November 20, 1986 at 1:30 p.m. in the West Memphis City Council Chambers at City Hall, 205 S Redding, West Memphis, Arkansas. Mayor Leo Chitman preside. . Mayor Chitman called the meeting to order at 1:30 p.m. Mike Hardage Lir the newly appointed Alderman for Ward One to fill the unexpired term of Larry Shelton was sworn in by Mayor Leo Chitman. City Clerk Dan Craft called the roll. Those present were: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Pritchard Horton Roberta Jackson Doug Morris Mike Hardage Roger Sumpter Joe Brasfield Bill Burnett James Cooper Al Boals Clarence Guin Prayer was offered by Reverend Henry Stall of the St. Paul Lutheran Chu ch. First item on the agenda was Bid Openings. Bids for the Parks and Recr ation Department were opened by Joe Scarbrough and read by City Attorney Smith. SPORT LIGHT FIXTURES 101. BIDDER (30 Fixtures) (50 Fixtures) Arkansas Electric Little Rock, AR $5,038.50 $9,170.00 Stuart Irby, Co. Little Rock, AR $5,077.50 $9,232.50 Tenn. Valley Electric Memphis, TN $5,100.00 $9,000.00 Diversified Elec. Supply Co. North Little Rock, AR $5,340.00 $9,150.00 Wholesale Lighting Memphis, TN $6,525.00 $11,187.50 Alderman Morris made a motion, seconded by Alderman Burnett to accept t e bids and refer them to the West Memphis Park Commission for review and dispo.ition. Upon roll call vote the voting was as follows; AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Cooper, Boals, Guin NAYS: Aldermen: None The motion carried. Mayor Chitman Recognized Mayor-elect Keith Ingram and also Alderman-ele t Gary Walker. CITIZEN REQUESTS Gayle Edmisten an Environmental Scientist for the U.S. Environment Prot-ction Agency was present concerning the old S. 8th Street landfill site. She stat-d preliminary testing indicated polutants and hazardous materials. Ms. Edmist-n requested the City supply any information available on all leases, agreement. with land owners, or any other records the City has on this dump site. City Attorney Smith requested that EPA send a letter stating what documents they are requesting. -148- Next, Mayor Chitman presented 43 service pins to City employees for 5, 10, 15, 20, and 25 years of service. Next on the agenda was the correction or approval of the minutes of the November 6, 1986 City Council meeting. Alderman Jackson made a motion, seconded by Alderman Morris to approve the minutes as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS None. NEW BUSINESS First item under New Business was (12) Resolutions to the Citizens NilSales Tax Committee commending them individually for their efforts towards the passage of the 1% Sales & Use Tax for the City of West Memphis. City Attorney Smith read the first Resolution to Willie Higgins. Alderman Sumpter made a motion, seconded by Alderman Horton to adopt. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Cooper, Boals, Guin NAYS: Aldermen: None The motion carried. Resolution was assigned No. . 1072. City Attorney Smith read Resolution 2 to Leonard Warden Jr. Alderman Morris made a motion, seconded by Alderman Burnett to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1073. City Attorney Smith read Resolution 3 to Lonnie Taylor. Alderman Sumpter made a motion, seconded by Alderman Boals to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1074. City Attorney Smith read Resolution 4 to Carrie Cooper. Alderman Sumpter made a motion, seconded by Alderman Hardage to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1075. City Attorney Smith read Resolution 5 to Ronnie Sturch. Alderman Sumpter made a motion, seconded by Alderman Morris to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1076. City Attorney Smith read Resolution 6 to Ethel Pratt. Alderman Burnett made a motion, seconded by Alderman Hardage to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1077. City Attorney Smith read Resolution 7 to Dennis Sorrell. Alderman Morris made a motion, seconded by Alderman Boals to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1078. City Attorney Smith read Resolution 8 to Eddie Brawley. Alderman Boals made a motion, seconded by Alderman Sumpter to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1079. City Attorney Smith read Resolution 9 to Janet Reece. Alderman Horton made a motion, seconded by Alderman Sumpter to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1080. City Attorney Smith read Resolution 10 to Michael Coulter. Alderman Sumpter made a motion, seconded by Alderman Horton to adopt. Alderman Guin requested roll call vote and stated he felt that Mr. Coulter did not contribute to the passage of the sales tax. Upon roll call vote, the voting was: AYES: Aldermen: Horton, Jackson, Hardage, Sumpter, Brasfield, Cooper, Boals NAYS: Alderman: Burnett, Guin Alderman Morris was absent from the vote. The motion carried. Resolution was assigned No. 1081. -149- City Attorney Smith read Resolution to Terry Weatherford. Alderman Guin made a motion, seconded by Alderman Burneet to adopt. Upon voice vote, the voting was unanimous. Resolution was assigned No. 1082. City Attorney Smith read Resolution 12 to Jack Manning. Alderman Hardage made a motion, seconded by .Alderman Morris to adopt. Upon voice vote. the voting was unanimous. Resolution was assigned No. 1083. Alderman Sumpter stated that he thought it would be appropriate to prese t the Resolutions at this time. Mayor Chitman asked City Attorney Smith to real lbw the two additional Resolutions. City Attorney Smith read Resolution to Samuel Turner Jr. . Alderman Cooper made a motion, seconded by Alderman Burne t to adopt the Resolution. Discussion. Alderman Boals stated the Resolutions he City Council passed were to the Citizens Sales Tax Committee and he knew thes- people had helped pass the sales tax but so did a lot of other people so ther-- fore he was against the two additional Resolutions. Alderman Morris stated i was voted on in Pre-Council that the two additional Resolutions be deleted fr.m the Mayor's agenda. Mayor Chitman stated they were still on the agenda. Rol call vote was taken on the Resolution to Samuel Turner Jr. Voting was as follows: AYES: Aldermen: Jackson, Cooper NAYS: Aldermen: Horton, Morris, Hardage, Sumpter, Brasfield, Burnett, Boals Guin The motion FAILED. City Attorney Smith read the Resolution to Elder Famous Smith. Alderman Cooper made a motion, seconded by Alderman Jackson to adopt. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Cooper NAYS: Aldermen: Horton, Morris, Hardage, Sumpter, Brasfield, Burnett, Boals Guin The motion FAILED. Alderman Jackson stated this was not defeated because of f ' racial reasons and that these two names came up after the twelve names were or designated to receive the Resolutions and a lot of people had worked hard for the sales tax. Alderman Hardage stated the City Council had to draw the line somewhere. Alderman Sumpter stated he hated to dilute the meaning of the Resolutions written for the original sales tax committee. Discussion continue. . Mayor Chitman stated he would issue a Distinguished Service Award to Samuel Turner Jr. and Elder Smith. Mayor Chitman presented the framed Resolutions to the members of the Cit;zens Sales Tax Committee members present. Next item on the agenda was an Ordinance adopting the Land Subdivision and Development Code for the City of West Memphis, Arkansas on the Emergency lause. Eddie Brawley gave a brief report on the Ordinance. Alderman Morris made a m•tion, seconded by Alderman Burnett to accept the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Burnett, Cooper, Boals thof NAYS: Aldermen: None Aldermen Sumpter and Guin were absent from the vote. Alderman Morris made a motion, seconded by Alderman Boals to expunge the record. Upon voice vote, the voting was unanimous. City Attorney Smith read the Ordinance. Alderman Morris made a motion, seconded by Alderman Cooper to accept the Ordinance on its first reading. Up.n roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Burnett, Cooper, Boals NAYS: Aldermen: None 1 -150- Alderman Hardage made a motion , seconded by Alderman Burnett to suspend the rules and place the Ordinance on its second reading. City Attorney Smith read the Ordinance for the second time. Alderman Cooper made a motion, seconded by Alderman Hardage to further suspend the rules and place the Ordinance on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discussior Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Brasfield to adopt the Ordinance. Upon roll call vote, theme voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Burnett that the Emergency Clause, Section Five be adopted. Upon roll call vote, the voting was: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Burnett, Cooper, Boals NAYS: Aldermen: None The motion PASSED. The Ordinance was assigned No. 1266. PERMISSION REQUESTS First item under Permission Requests was permission to destroy records from Wyman Morgan. Alderman Horton made a motion, seconded by Alderman Jackson to authorize the destruction of these documents. Upon voice vote, the voting was unanimous. Alderman Brasfield to witness the destruction. Next item was a request for approval of the Preliminary and Final Plat of 1st Addition Williamson Subdivision. Alderman Morris made a motion, seconded by Alderman Horton to approve the Preliminary and Final Plat of Williamson Subdivision 1st Addition. Upon roll call vote, the voting was as follows; AYES: Aldermen: Horton, Jackson, Morris, Hardage, Brasfield Cooper, Boals, Burnett NAYS: Aldermen: None Alderman Sumpter and Guin were absent from the vote. Mayor Chitman announced he had appointed an Insurance Committee consisting of three Aldermen: Alderman Guin, as chairman, Alderman Jackson, and Alderman Morris and four employees: ,.. Mickey ,Miller, MMack Holmes, .Bi11y.Smith, . and.Charles Gladney. Alderman Guin stated there would be a meeting today at 5:00 p.m. Mayor Chitman stated he had written the Arkansas Highway Department concerning intersection modifications and requested that a pedestrian push button detector be installed at E. Broadway and Ingram Blvd. Alderman Hardage requested Mayor Chitman formally request the Highway Depar int complete the resurfacing of Broadway. Mayor Chitman read a letter from the President of Southwestern Bell expressing his looking forward to working with the entire state of Arkansas. Mayor Chitman reported as of December 29, 1986 the US Congress legislation totally deregulated Cablevision basic fees. Mayor Chitman commented that something should be done to help the homeless in cold weather. City Clerk Dan Craft requested permission to charge-off approximately $3,025.65 in unpaid Emergency Medical Services ambulance bills for 1985-1986. - 51- He stated these were balances that Medicare and Medipak did not cover. Alder an Hardage made a motion, seconded by Alderman Horton to grant this authorizati n. Upon voice vote, the voting was unanimous. Mayor Chitman requested this meeting be recessed until December 1, 1986 at 5:00 p.m. so that he could present the 1987 budget. COMMITTEE REPORT Alderman Morris reported the Act 9 Bond Committee had met November 17th iir and Three Rivers Plywood requested a voice Resolution be passed for a one million, nine hundred sixty thousand dollar Act 9 Bond loan to expand their operation. City Attorney Smith dictated the Resolution to Ms. Cindy Early. The Resolution read as follows: BE IT RESOLVED by the City Council of the City of West Memphis, Arkansa-, that the West Memphis City Council give THREE RIVERS PLYWOOD, INC. a "DO PAS'" on the contemplated bond issue of One Million Nine Hundred Sixty Thousand Dollars, ($1,960,000.00); and, that this Resolution be used as a LETTER OF INTENT for this project; AND, BE IT FURTHER RESOLVED that this LETTER OF INTENT be sent to THREE RIVERS PLYWOOD, INC. , Attention of Mr. Fuzell, P.O. Box 2225, West Memphis, Arkansas, 72301. Alderman Morris made a motion, seconded by Alderman Boals to adopt the Resolution as dictated. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Cooper, Boals, Guin NAYS: Aldermen: None The motion carried. Resolution was assigned No. 1084. ibi Mayor Chitman reported there would be a Municipal League meeting for newly elected officials on December 14-15, 1986. City Attorney Smith reques ed money be appropriated for the newly elected City Attorney David Peeples. Alderman Guin made a motion, seconded by Alderman Horton to amend the budget to appropriate the money for all newly elected officials including the Mayor, Aldermen, and City Attorney to go to the Municipal League meeting if they choose to do so. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Cooper, Boals, Guin NAYS: Aldermen: None The motion carried. Next on the agenda was Budget Requests. POLICE DEPARTMENT ACCOUNT NO. INCREASE/DECREASE AMOUNT Workers Comp. Insurance 141-408-10 x $11,100.00 Membership & Subscriptions 141-535-00 x $ 100.00 Small Equipment 141-906-00 x $ 1,275.00 State Ins. Turnback 100-320-00 x $12,475.00 lbw Alderman Morris made a motion, seconded by Alderman Boals to grant the budget change request. Upon voice vote, the voting was unanimous. SANITATION DEPARTMENT ACCOUNT NO. INCREASE/DECREASE AMOUNT Landfill 311-541-00 x $43,375.00 Transfer from Ed.Center fund300-375-10 x $43,375.00 Alderman Morris made a motion, seconded by Alderman Boals to grant the budget change request. Discussion. Alderman Burnett stated the money in the Educational Center fund was to be used for capital improvements and he was not in favor of this money being taken out of this account. Roll call vote was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter, Brasfield, • -152- AYES CONT: Cooper, Boals, Guin NAYS: Aldermen: Burnett The motion carried EDUCATIONAL CENTER FUND ACCOUNT NO. INCREASE/DECREASE AMOUNT Transfer to Sanitation Fund 811-550-10 x $43,375.00 Alderman Morris made a motion, seconded by Alderman Cooper to approve the budget change request. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter, Brasfield, Cooper, Boals, Guin NAYS: Aldermen: Burnett The motion carried. Alderman Guin stated there would be a Sanitation Committee meeting Tuesday at 5:00 p.m. Alderman Morris made a motion, seconded by Alderman Boals to recess until December 1, 1986 at 5:00 p.m. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Cooper, Boals, Guin NAYS: Aldermen: None The motion carried. The meeting re - _ -e 3:45p-i._ PASSED and APPROVED this day 'ofi % %f 1986 Advirrier. 44 MAYOR- F0 C .' MAN ATTEST: /4? 4 ,//4 . �AI IT' -L 'K I.N _ c. recuested for the destruction of the follo4.'inc records . is unders ~_ that the items listed describes completely documents that served t:. _.: r usefulness to the City of hest Memphis and that said des- utior. is in compliance with applicable state statutes . Document . Document Date of Type and Date I Title Number (s) Document of Destruction Utility Billing Registers ---- 1-76 to 5-76 Incineration Utility Billing Registers ---- 10-76 to 12-76 " Utility Acct. Receivable Registers ---- 1976 " Utility Payment Registers ---- 4-76 to 12-77 " Payroll Fund Bank Statements ---- 1979 " Check Copies ---- 1976 " Illy Requested . • . 4;,414. D. Mor.. . :. :, 40gglik Date Octnher 79,1986 �'� J iii 4 Approve. by : %���- , Date /� May. s Council) Ltructior Witness 0./ _ 471.24-- Date /.- 2 -8-7 (Alderman) RECORDS DI SP DSAL FOR'`. Approval is hereby requested for the destruction of the following records . It is understood that the items listed describes completely documents that have served their usefulness to the City of West Memphis and that said des- 'ction is in compliance with applicable state statutes . Document Document Date of Type and Date Title Number (s) Document of Destruction AECC Trust Indenture Amendment Lease CPS Chemical -Lease Reflex Ind. Trust Indenture Lease Guaranty Agreement Forbes Steel Trust Indenture Lease Burchminster of Cal. Bankruptcy Proceedings k 'tree Rivers Plywood 4uaranty Agreement 'rust Indenture Pidgeon Thomas - Bankruptcy Langston Bag Trust Indenture Lease Agreement Correspondence and Contract AAEC Coop with West Memphis, Arkansas, pertaining to Lease Agreement of Independence Coal-Fired Lease, Independence Plant, Arkansas Requested : • : '•• math Cit e Date 10-16-86 I I I I • p'iu A P I I a I Pr Approv=d by : % ��� -� Date ,e) re (M. • .r/City Council) struction Witness : Date -,1 -87 (Alderman) RECORDS DISPOSAL FORM Approval is hereby requested for the destruction of the following records . It is understood that the items listed describes completely documents that have served their usefulness to the City of West Memphis and that said des- uction is in compliance with applicable state statutes . Document • Document Date of Type and Date Title Number (s) Document of Destruction Files Michael Chatt Catherine Gaines Clara Corinne King Dwight Lilly Leon LeFlore Luther Gerald Parks, Jr. Comprehensive Plan-Out-Dated Depositions - Cody Comprehensive Plan Requested by : Smithy Cit s ey Date 10-1A-8F, ,d111111111o. Approved by : /146 %// Date ( y Council) struction Witness : Aiettx4. Date / 87 (Alderman)