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November 6, 1986 -139- MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 6, 1986 A regular meeting of the West Memphis City council was held Thursday, November 6, 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 presided. Prayer was offered by Reverend S.J. Parker of the First Baptist Church. Mayor Chitman called the meeting to order at 1:30 p.m. City Clerk Dan Craft lbw called the roll. Those present were: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Roger Sumpter Joe Brasfield Bill Burnett James Cooper Al Boals Absent: Larry Shelton First item on the agenda was Bid Openings . Bids for the West Memphis Utility Commission were opened by David Goacher and read by City Attorney Smith. TRUCKS BIDDER (1) FOUR WHEEL DRIVE WAGON SINGLE AXLE TRUCK Buchanan Chev. & Olds. $11,438.24 $19,866.10 ihr Osceola, AR Tom Gibson Ford $12,267.59 $18,543.00 West Memphis, AR Alderman Morris made a motion, seconded by Alderman Horton 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: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. ONE SELF CONTAINED, IMPULSE FAULT LOCATER D.C. TESTER BIDDER AMOUNT The R.C. Ramsey Co. $5,275.00 Alderman Burnett made a motion seconded by Alderman Cooper 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: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Next, Mayor Chitman, with no objection from the City Council, added a quarterly report from the Treasurer, Aubrey Holt, and the City Clerk Dan Craft and also a report from Eddie Brawley. Mr. Holt reported there was a drop in revenue due to Revenue Sharing. Mr. Holt stated there were two outstanding travel vouchers in the amount of $650.00 from the Mayor' s Office that needed to be taken care of. -140- Dan Craft, City Clerk reported that he had signed a Purchase Order in the amount of $20,696.00 for one month usage of the County Landfill and before the landfill is actually used the City will have paid $186,264 which would buy our own landfill. Mr. Craft reported that according to the monthly print- outs received the Utility Department has approximately 13 million dollars that is increasing every day and expressed that if there is that much money in excess, than the utility bill payers need a break. Eddie Brawley reported that there was 380 tons of asphalt left from the 1986 Street Overlay funds and recommended Kingsway from Oakdale to 200 ft. south of W. Barton and Oakdale from Kingsway to Camelot be overlayed which would use approximately 380 tons of asphalt to do these two streets. Alderman timil Guin made a motion, seconded by Alderman Cooper to add this item to the agenda. Upon voice vote, the voting was unanimous. Alderman Guin made a motion, seconded by Alderman Cooper to authorize Mr. Brawley to go forward and overlay these two streets. Discussion. Alderman Roberta Jackson as a matter of record, stated that McArthur, S. 17th from Broadway to Jackson, and S & W McAuley from 14th to E. Barton be the main priority for the 1987 Street Overlay Program. Roll call vote on the original motion was: AYES: Aldermen: Guin, Horton, Jackson, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Aldermen Morris and Sumpter were absent from the vote. Next item on the agenda was the correction or approval of the minutes of the October 16, 1986 City Council meeting. Alderman Cooper made a motion, seconded by Alderman Burnett to approve the minutes as presented. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Jackson, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None mil Aldermen Horton, Morris, and Sumpter were absent from the vote. The motion carried. OLD BUSINESS First item under Old Business was the third reading of an Ordinance accepting the annexation of certain territory to the City of West Memphis, Arkansas, and making sure a part of the City of West Memphis, Arkansas and assigning same to wards. City Attorney Smith stated the ward in the Ordinance was incorrect and should read Ward 2 instead of Ward 5. Alderman Boals made a motion, seconded by Alderman Sumpter to amend the Ordinance in Paragraph 2 inserting and 2 in place of Ward 5. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Morris was absent from the vote. City Attorney Smith read the Ordinance as amended for the third and final time. Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Ordinance on its third and final reading as amended. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Morris was absent from the vote. The motion carried. City Clerk Dan Craft assigned the Ordinance Number 1259. Copy on file in the City Clerk's Office. NEW BUSINESS First item under New Business was an Ordinance to amend Ordinance No. 180, Section Five, to prohibit the placing of the paper, rags, and such items in burlap bags, or pasteboard carton, except in residential area, declaring an -141- emergency and for other purposes. City Attorney SMith read the Ordinance fog the first time. Alderman Horton made a motion, seconded by Alderman Cooper to accept the Ordinance on its first reading. Upon roll call vote, the voting was: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Alderman Morris made a motion, seconded by Alderman Co•per to suspend the rules and the Ordinance be placed on its second reading. Up.n roll call vote the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. City Attorney Smith read the Ordinance for the second time. Alderman Cooper made a motion, seconded by Alderman horton to -further suspen• the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. City Attorney Smith read the Ordinance for the third ant final time. Discussion. Alderman Morris made a motion seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None lbw The motion carried. Alderman Cooper made a motion, seconded by Alderman Jac 'son that Section 2 , the emergency clause be adopted. Roll call vote was as fol ows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1260. Copy on file in t e City Clerk's Office. Mayor Chitman reported on the 180 day notive to EPA concerning the County Landfill. Alderman Guin made a motion, seconded by Alderman Burnett to authorize Mayor Chitman to comply with the letter from EPA. Upon roll call vote the voting was: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Guin stated there would be a Sanitation Committee meeting immediately following the City Council meeting to discuss the Landfill site and budget. Next item under New Business was an Ordinance to rezone the John O'Neal Subdivision on the emergency. City Attorney Smith read the Ordinance. Alder an Guin made a motion, seconded by Alderman Burnett to approve the Ordinance on 'ts first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Boals that the rules be suspended and the Ordinance be placed on its second reading. Roll call vote 'as: -142- AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Cooper 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 as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None 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: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Morris made a motion, seconded by Alderman Cooper to adopt the emergency clause Section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1261. Copy on file in the City Clerk's Office. Next item under New Business was an Ordinance to rezone (1) tract of land lying in the west half, northwest quarter of section 16, township 6 north, osilrange 9 east, (being located at 2949 Autumn) on the emergency. City Attorney Smith read the Ordinance. Alderman Cooper made a motion, seconded by Alderman Burnett to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Alderman Guin was absent from the vote. Alderman Cooper made a motion, seconded by Alderman Boals 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: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS. Aldermen: None Alderman Guin was absent from the vote. The motion carried. City Attorney Smith read the Ordinance for the second time. Alderman Burnett made a maimotion, 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: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS. Aldermen: None City Attorney Smith read the Ordinance for the third and final reading. Discussion. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Boals made a motion, seconded by Alderman Jackson that the Ordinance be adopted. Roll call vote was: 143- AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Boals made a motion, seconded by Alderman Burnett that the emergence clause section 3 be adopted. Upon roll call vote, the voting was : AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None limwThe motion carried. The Ordinance was assigned No. 1262. Copy on file in t e City Clerk's Office. Next item on the agenda under New Business was an Ordinance to rezone the area at southwest corner of Seventh Street and Barton between and 10 Mils Bayou except the north 350' of Seventh Street with 650' depth on Barton; and declaring an emergency. City Attorney Smith read the Ordinance. Alderman Burnett made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting as: AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Morris made a motion, seconded by Alderman Cooper to suspend the ru es and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. City Attorney Smith read the Ordinance for the second tiro Alderman Boals made a motion, seconded by Alderman Cooper that the rules be further suspended and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final reading. Discussion. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Morris made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows; AYES: Aldermen: Guin, Horton, Morris, Sumpter, Brasfield Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Alderman Boals made a motion, seconded by Alderman Morri. to adopt the emergency clause section 3. Upon roll call vote, the voting was: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals eimir NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1263. Copy on file in th- City Clerk's Office. Next item under New Business was an Ordinance to rezone the east 209.0' .f lot 5 block 186 of the NE4, section 17, T6N, R92, Crittenden County, Arkansas on the Emergency. City Attorney Smith read the Ordinance for the first time. Alderman Guin made a motion, seconded by Alderman Jackson to accept the Ordin nce on its first reading. Upon roll call vote, the voting was as follows: -144- AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Boals 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: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Cooper made a motion seconded by Alderman Horton 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: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discussion. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Guin to adopt the Ordinance. Upon roll call vote, the voting ti aas as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Guin to adopt the emergency clause section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1264. Copy on file in the City Clerk's Office. Next Alderman Horton made a motion, seconded by Alderman Jackson to add the Mayor's Proclamation conerning the 1% Sales Tax to the agenda. Upon voice vote, the voting was unanimous. Mayor Chitman read the Proclamation. Alderman Burnett made a motion, seconded by Alderman Morris to accept and add to the agenda, an Ordinance defining the term "single transaction" for the purpose of the local sales tax, providing for an emergency and for other purposes. Upon voice vote, the voting was unanimous. City Attorney Smith read the Ordinance. Alderman Sumpter made a motion, seconded by Alderman Horton to accept the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Morris 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: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Cooper to to further suspend the rules and place o third reading- Upon roll call vote, the voting was as follows: -145 AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final reading. 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: Guin, Horton, Jackson, Morris, Sumpter, L Brasfield, Burnett, Cooper, Boals bw NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Morris to adopt the emertency clause section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Ordinance was assigned No. 1265. Copy on file in the City Clerk' s Office. Mayor Chitman requested authority to pay Cameron Construction Co. $66,454.31. Alderman Cooper made a motion, seconded by Alderman Burnett to grant the authorization to pay Cameron Construction $66,454.31. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Next item on the agenda was a permission request for approval of the lirPreliminary and Final Plat of 1st Addition of Williamson Subdivision. Alderman Burnett made a motion, seconded by Alderman Sumpter to table until 'he next City Council meeting. Upon voice vote, the voting was unanimous. Alderman Sumpter made a motion, seconded by Alderman Jackson for City Attorney Smith to write a Resolution showing our deep appreciation to the Sales Tax Committee and present the Resolution, framed, to the twelve members at the next City Council meeting. Alderman Burnett asked that Alder an Sumpter contact the committee members. Upon voice vote, the voting was unan mous. Mayor Chitman stated all newly elected officials should be invited to tie 1987 Budget meetings. Alderman Horton stated the Sales Tax Committee member% should be invited to the budget sessions also to make sure the guidelines ars kept the way they have been set. Mayor Chitman read the letter of resignation from Alderman Larry Shelto . Alderman Shelton stated that effective November 20, 1986, he would no longer be able to serve as Alderman Ward One. Alderman Guin made a motion, secondee by Alderman Sumpter to nominate Mike Hardage to fill the unexpired term of Larry Shelton in Ward One effective November 20, 1986. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. Alderman Guin requested Mayor Chitman appoint a City Health Insurance Committee consisting of employees and City Council members. -146- COMMITTEE REPORTS Alderman Burnett reported he had stayed all night at the Fire Department headquarters. Alderman Burnett stated he recommended the Fire Department spend the money for supplies that was allocated for that department. Alderman Morris made a motion, seconded by Alderman Boals to adjourn. Upon roll call vote, the voting was as follows: AYES: Aldermen: Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None tail The motion carried. The meeting adjourned at 3:41 p.m. PASSED and APPROVED this OtA day of I _44AL.1W-` , 1986. 11141f (._ .. llb46— - 7;, ,, ,i 4 LII.44•0 MAYO' L"0 C TMAN ATTEST: r i /I I CRAFT wili 4