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June 21, 1979MINUTES WEST MEMPHIS CITY COUNCIL JUNE 21, 1979 A regular meeting of the West Memphis City Council was held at 1:30 P.M. on Thursday, June 21, 1979, in the Council Chambers of City Hall. Vice-Mayor Ray called the meeting to order. Present at the meeting were: Vice Mayor R. H. Ray Asst. City Attorney Jimmy McCaa Aldermen: Robert Bentley Leon Duvall Pritchard Horton Roberta Jackson Doug Morris Gary Walker Lloyd J. Woodell Absent from the meeting were Alderman Hightower, Alderman Angeletti, City Attorney Smith, and Mayor Joyce T. Ferguson. Prayer was offered by Mr. Eddie Brawley. Vice-Mayor Ray asked the Council to approve the minutes of May 24, 31 and June 7, 1979. Alderman Horton made a motion to postpond the approval of the minutes until a later time seconded by Alderman Jackson. The first item on the agenda was bid opening by Assistant City Attorney Jimmy McCaa and Eddie Brawley, Consulting Engineer of Lehr & Brawley Consulting Engineering Firm of West Memphis, the bids are as follows: ASPHALT PROGRAM Warren Brothers 1311 Mud Island Road Memphis, Tenn. 38101 $108,390.00 Lehman-Roberts, Inc. Memphis, Tennessee 38101 $149,924.00 SLURRY SEAL SURFACE PROGRAM Bituminous Asphalt Ben Hogan Construction Sealing Specialists, Inc. Company 1201 Parkway Drive 2401 West 65th North Little Rock, Arkansas 72118 Little Rock, Ark. $47,661.24 $83,298.85 APT Construction Company 3300 Eureka Gardens Road North Little Rock, Arkansas $57,410.13 A motion was made by Alderman Morris to accept these bids and refer.~them to the Street Department for the final approval and awarding of the contracts and seconded by Alderman Woodell The following citizens had request: Attorney Spears addressed the Council concerning the legal aspects of the ACORN petition calling for a referendum by stating that the ordinance should be enforced concerning persons signing petitions who are not qualified voters in the State of Arkansas, in reference to the Billy Johnson Rezoning matter. David Taylor, 629 South 9th Street, asked the council to designate a section of land on South 7th-and South 14th Street for a playground area for children because of a shortage of playground space and also spoke on the issue of persons signing petitions in West Memphis, in reference to Mr. Spears request to the Council. Vice-Mayor Ray asked Mr. Taylor that he Commission Meeting and discuss this matter w and the Parks.& Recreation Director, Mr. Lee Stanley Card, 708 Dover Road, commented was brought up by Attorney Spears concerning. signing petions. attend the Park ith the Park Commission Cramer . on the matter that unqualified persons The first item of business was Old Business whereby Asst. City Attorney Jimmy McCaa was asked by Uice-Mayor Ray to read the Ordinance for the second time to rezone a tract of land in the SEl/4 Section 10 of the City of West Memphis. A motion was made by Alderman Duvall and seconded by Alderman Walker to adopt the ordinance on the second reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Duvall, Horton,Jackson, Morris, Walker, and Woodell N0: None Absent from voting: Alderr~en: Hightower & Angeletti The next item of business to discuss was Mr. Morris Fair, President of UMIC, Memphis, Tennessee, handed out a memo to the Council concerning payment in lieu of tax agreement Taylor Machine Works. It was suggested by Vice-Mayor Ray that Mr. Fair discuss this with the City Attorney and the Council will take action at that time. The next item of business was the reading of an Ordinance by the Asst, City Attorney to Amend Ordinance No. 371, a motion to adopt this first reading was made by Alderman Horton and seconded by Alderman Walker that this should take affect under the emergency after the third reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Duvall, Horton, Morris, Walker, and Woodell No: None Abstained: Alderman Jackson Absent: Aldermen Hightower, and Angeletti The Ordinance passed on the first reading. The second reading of the Ordinance to Amend Ordinance No. 371, was read by Asst. City Attorney, a motion was made by Alderman Walker and seconded by Alderman Morris to adopt the ordinance on the second reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Duvall, Horton, Morris, Walker, and Woodell No: None Abstained: Alderman Jackson Absent: Aldermen Hightower, and Angeletti The Ordinance passed on the second readi"ng~ The third reading of the Ordinance to Amend Ordinance No. 371, was read by Asst. City Attorney, a motion was made by Alderman Horton and seconded by Alderman Duvall to adopt this Ordinance on the third reading. During discussion a motion ~~as made by Alderman Woodell that this ordinance be put on the emergency in the proper manner and expunge the record of the ordinance and start it all over again, seconded by Alderman Jackson. A motion was made by Alderman Morris and seconded by Alderman Bentley that this Ordinance to Amend Ordinance No. 317 haae the emergency added and be discussed on June 28 at the recessed council meeting.~~Upod roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Duvall, Horton, Jackson, Morris, Walker, and Woodell. No: None Absent: Aldermen Hightower and Angeletti Alderman Walker made a motion to suspend-the rules on having this ordinance read on three different days and put this Ordinance on the Agenda, ,fin Ordinance to Amend No. 371 seconded by Alderman Woodell. Upon voice vote of the council all ayes except one, Alderman Duvall. The motion did not pass and this ordinance is to be discussed at the recessed counci] meeting on June 28. The next item of business to be discussed is a Resolution of the City Council of West Memphis committing itself to acquiring undivided interests in AP&L, a motion was made by Alderman Walker and seconded by A:derman Duvall to defer this Resolution until the Recessed meeting on June 28. Upon voice vote, the voting was unanimous. A Resolution to select bond underwriters from the Utility Department was deferred until the recessed Council Meeting on June 2.8,.1979, a motion was made by Alderman Walker and seconded by Alderman Morris. Upon voice vote, the voting was unanimous. There were questions and discussion on this Resolution from Mr. Morris Fair and a question and answer session with questions being directed by the Council to persons representing the resolution. The next item on the agenda was permission request from the fire department read by Asst. City Attorney Jimmy McCaa, requesting ; permission to delete an inventory item, a refrigerator, #6E428951, Inventory Tag #2168, manufactured by Whirlpool, a motion was made by Alderman Horton and seconded by Alderman Morris to grant this permission. Upon voice vote of the council permission was granted. During Committee Reports the following reports were made: Alderman Horton reported on the Public Works Committee, by stating in form of a motion that the Public Works Committee recommends that the City Attorney take action to contact AP&L in having the AP&L Pole on the corner of Jackson and Avalon moved seconded by Alderman Jackson. (This recommendation is to be referred to the City Attorney). Upon voice vote, the voting was .unanimous. Alderman Duvall stated that the Utility Committee minutes were in the packets for the council's information. Vice-Mayor Ray stated that he will defer the appointments of the City Beautiful Commission until the Recessed meeting on June 28. During Announcements Alderman Jackson announced that Sunday, June 24, 1979 at 1.2:30 P.M. at the 15th Street Church of God in Christ, Mr. Hightower's son funeral will be held and she also asked that everyone stand in silent prayer for h•im. Alderman Woodell asked that the problems with the air- conditioning be looked into at the Educat~•onal Center by Mr. Cramer or who ever takes care of the building. A motion was made by Alderman Duvall and seconded by Alderman Horton to recess the meeting until June 28, 1979 at 1:30 P.M. Passed and approved this ~ '' day of 1979. ~~ MAYOR ATTEST: