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December 4, 1986 155- MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 4, 1986 A regular meeting of the West Memphis City Council was held on Thursday, December 4, 1986 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Leo Chitman presided. Mayor Chitman called the meeting to order at 1:30 p.m. Prayer was offered by Reverend S.J. Parker of the First Baptist Church. City Clerk Dan Craft called the roll. Those present were: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Roberta Jackson Doug Morris Mike Hardage Roger Sumpter Joe Brasfield Bill Burnett Al Boals Clarence Guin Pritchard Horton Absent: James Cooper Mayor Chitman read and presented a Distinguished Service Award to Elder Famous Smith and Samuel Turner, Jr. Next on the agenda was the correction or approval of the minutes of the recessed meeting of the West Memphis City Council on December 1, 1986. Alderman Burnett made a motion, seconded by Alderman Jackson to approve the minutes a- presented. Upon voice vote, the voting was unanimous. Next was the correction or approval of the minutes of the City Council meeting on November 20th, 1986. Alderman Burnett made a motion, seconded by Alderman Jackson to approve the minutes as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS None NEW BUSINESS First item under New Business was a Resolution concerning the retiremen. of Lindsey J. Fairley as Municipal Court Judge with sixteen (16) years of service on December 31, 1986 and payment of benefits of one-half of the sala y of the position date beginning August 13, 1988. Alderman Morris made a motion, seconded by Alderman Burnett to approve the Resolution. Discussion. Member- of the City Council expressed their appreciation of an excellent job perform-d as Municipal Judge to Lindsey Fairley. Judge Fairley stated he had received approval from the financial committee of the Quorum Court. Upon roll call vote, the voting to adopt the Resolution was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, err Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. Resolution was assigned No. 1085. Mayor Chitman announced Don Christian would be making pictures of the City Council members at the next City Council meeting on December 18, 1986. Mayor Chitman reminded those who plan on attending the Municipal League meeting on December 14-15, 1986 needed to make their reservations. Next item on the agenda was an Ordinance to re-zone lots 46, 47, & 48, -156- Block 134 of the Kendal Subdivision to the City of West Memphis, Crittenden County, Arkansas, (being located at 1601 - 1605 E. Broadway. ) and declaring an emergency. City Attorney Smith read the Ordinance for the first time. Alderman Morris made a motion, seconded by Alderman Brasfield to approve the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. Alderman Hardage made a motion, seconded by Alderman Brasfield to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Brasfield 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: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discussion. Attorney Brick stated the Planning Commission had approved the change and recommended the change be approved by the City Council. Alderman Burnett made a comment for the record that he hopes the next City Council will be slower in making decisions. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Morris made a motion, seconded by Alderman Burnett to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Boals made a motion, seconded by Alderman Jackson that the emergency clause , Section 3 be adopted. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1267. Next item under New Business was an Ordinance granting a special permit use of lots 46,47, & 48, Block 134 Kendal Subdivision. to the City of West Memphis, Arkansas (1601-1605 E. Broadway), and declaring an emergency. City Attorney Smith read the Ordinance. Alderman Burnett made a motion, seconded by Alderman Hardage to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Hardage to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote the voting was as follows: -157- AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Jackso 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 : AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discus .ion. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Burnett made a mot on, seconded by Alderman Hardage to adopt the Ordinance. Upon roll call vote, tie voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Morris made a motion, seconded by Alderman Hardage to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1268. Next item under New Business was a Resolution that the $150.00 per mont car allowance for Thomas Burkhart, Fire Chief be converted and combined into Imresalary to become effective January 1, 1987. City Attorney Smith read the Resolution. Alderman Morris made a motion, seconded by Alderman Sumpter to adopt the Resolution. Discussion. Alderman Morris stated this was a request from Chief Burkhart because it has been done in the past for two Police Chief's. Alderman Horton stated the City Council had done this in the past but there has to be a stopping place. Alderman Burnett stated the City Council can not combine his car allowance when he is not receiving one. Alderman Guin stated the Resolution needed to be clarified. Alderman Morris made a motion, seconded by Alderman Boals to table the Resolution for correction. Upon roll call vote, the voting was: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Next item was a Resolution concerning a petition to vacate the north on:-half of Wheeler Ave. abutting on the south side of lots 6, 7, 8, 9, 10, 11, & 12 if Wheeler Subdivision. City Attorney Smith stated the hearing would be on the 15th day of January, 1987 at 1:30 p.m. and inserted this information on the Resolution. City Attorney Smith read the Resolution. Alderman Morris made . motion, seconded by Alderman Burnett to adopt the Resolution. Upon roll cal vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. The Resolution was assigned No. 1086. -158- Next item on the agenda was an Ordinance to combine the salary for the City Treasurer, Aubrey Holt, on the emergency clause. City Attorney Smith read the Ordinance. Alderman Morris made a motion, seconded by Alderman Jackson to accept the Ordinance on the first reading. Discussion. Alderman Guin made a motion, seconded by Alderman Brasfield that the Ordinance be tabled and referred to the budget committee. Upon roll call vote, the voting was: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Next was an Ordinance to authorize Aldermen and members of the City Council to purchase supplies, equipment, and services from Razorback Concrete Company. City Attorney Smith read the Ordinance. Alderman Burnett made a motion, seconded by Alderman Hardage to accept the Ordinance. Discussion. Alderman Burnett made a motion, seconded by Alderman Hardage to add the Emergency Clause Section 2 to the Ordinance. City Attorney Smith dictated the emergency clause to Cindy Early, Secretary. It read as follows: SECTION 2. It being found and determined by the City Council of the City of West Memphis, that there is a need to buy concrete locally from the Razorback Concrete Company, and that it is necessary for the City Council to authorize such purchases, an emergency is hereby declared to exist. This Ordinance being necessary for the preservation, peace, and welfare of the city, shall become effective immediately upon its passage and approval. Alderman Morris made a motion, seconded by Alderman Burnett to expunge the records of the motion to accept the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Hardage to add the emergency clause, section 2 to the Ordinance as dictated. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance with the emergency clause. Alderman Burnett made a motion, seconded by Alderman Hardage to accept the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Hardage to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Burnett made a motion, seconded by Alderman Morris to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote the voting was: -159 AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discuss.on. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Guin made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: Nim, one Alderman Burnett made a motion, seconded by Alderman Guin, to adopt the Emergency Clause, Section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1269. Next item under New Business was an Ordinance to waive competitive biddi g on Health and Life Insurance to be purchased under Blue Cross Blue Shield of Arkansas on the emergency. City Attorney Smith read the Ordinance. Alderman Horton made a motion, seconded by Alderman Morris to accept the Ordi ance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Morris made a motion, seconded by Alderman Jackson to suspend the ru es tarand the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Burnett to further suspens the rules and the Ordinance be placed on its third and final reading. Upon rill call vote, the voting was as follows : AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None City Attorney Smith read the Ordinance for the third and final time. Discussi.n. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Burnett made a moti.n, seconded by Alderman Guin to adopt the Ordinance. Roll call vote was as folliws: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, ihor Burnett, Boals, Guin, Horton NAYS: Aldermen: None Alderman Guin made a motion, seconded by Alderman Burnett to adopt the Emerge cy Clause, Section 2. Upon roll call vote, the voting was as follows : AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1270. -160- PERMISSION REQUESTS Mayor Chitman stated the Airport Commission requested that $50,000.00 be added to the Mayor's budget for airport capital improvements. Mayor Chitman stated this should be a loan and not a grant. Alderman Morris stated Mr. Craig Tennison had told him that the Airport Commission would attend the budget hearings. Mayor Chitman requested permission to pay a bill to ALTECH, in the amount of $59,514.00 for a bucket truck for the Electrical Department. Alderman Burnett made a motion, seconded by Alderman Guin to authorize payment of this bill to ALTECH. Upon voice vote of the council, the voting was unanimous. Mayor Chitman requested permission to pay APAC, $256,434.78 for street improvements. Alderman Burnett made a motion, seconded by Alderman Morris to grant the authorization for the Mayor to pay this bill. Upon voice vote, the voting was unanimous. Mayor Chitman requested permission for the Community Development Agency to enter a contract with Brawley Consulting Engineers in the amount of $31,000.00. Discussion. Alderman Jackson made a motion, seconded by Alderman Burnett to grant this authorization to enter the contract. Upon roll call vote the vote was: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Mayor Chitman requested approval from the City Council for the annual Contribution Contract Part I Housing Voucher Program contract to be signed. Alderman Jackson made a motion, seconded by Alderman Boals to grant the Mayor the authorization to sign the contract and send it to HUD. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton NAYS: Aldermen: None Mayor Chitman gave copies of the 1987 budget comparison sheet to the council. COMMITTEE REPORTS Bill Johnson, General Manager West Memphis Utilities, gave the council a copy of a contract with AP&L concerning peakage power for ten years and stated he requested this be put on the agenda at the next City Council meeting. Alderman Guin stated there would be a Sanitation Committee meeting immediately following the council meeting. Alderman Burnett made a motion, seconded by Alderman Morris to adjourn. Roll call vote was as follows: AYES: Aldermen: Jackson, Morris, Hardage, Sumpter Brasfield, Burnett, Boals, Guin, Horton - NAYS: Aldermen: None The motion carried. The meetin adjourne., at 3:06 p.m. 7 PASSED and APPROVED this/ -- day • --•�01PrI41111111rAill-.114 '� t C7,-05-,,44 AooI '86 7 LE' CHITMAN ATTEST: `.`, -sem CITY CL'•K PANt/ CRAFT