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July 23, 1987-67- MINUTES WEST MEMPHIS CITY COUNCIL JULY 23, 1987 A regular meeting of the West Memphis City Council was held on Thursday, July 23, 1987 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Keith Ingram presided. Mayor Ingram called the meeting to order at 1:40 p.m. Alderman Mike Hardage offered the prayer. City Clerk Dan Craft called the roll. Those present were: Mayor Keith Ingram City Attorney David Peeples City Clerk Dan Craft Aldermen: Bill Burnett James Cooper Al Boals Pritchard Horton Jim Woodell Mike Hardage Roger Sumpter Joe Brasfield Absent: Gary Walker Roberta Jackson First item on the agenda was Bid Openings. Bids for the West Memphis Utility Department were opened by Pat Magruder, Jr., Architect, and read by City Attorney Peeples. DRIVE - UP WINDOW BIDDER AMOUNT ALT. BID TIME OF COMPLETION Roeder Construction Co. $111,859.26 $102,859.26 120 Consec.Cal. Days Alderman Horton made a motion, seconded by Alderman Cooper to refer the bids to the West Memphis Utility Commission. Upon voice vote, the voting was unanimous. Next item on the agenda was the correction or approval of the minutes of the City Council meeting of July 2, 1987 and the Special Called meeting of July 10, 1987. Alderman Hardage made a motion, seconded by Alderman Horton to dispense with the reading of the minutes and approve them as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS First item under Old Business was the second reading of an Ordinance to Rezone a 14.75 Tract in the N2 of Section 15 Township 6 North, Range 8 East. (2300 Block of West Broadway) City Attorney Peeples read the Ordinance for the second time. Alderman Cooper made a motion, seconded by Alderman Hardage to approve the Ordinance on its second reading. Upon roll call vote, the voting was: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None The Ordinance PASSED on its SECOND reading. QUARTERLY REPORTS City Treasurer, Aubrey Holt gave his quarterly report. He referred to the printout and stated we are half way through the year and are pretty much on schedule. City Council had no questions. City Clerk, Dan Craft had no further report. City Council had no questions. -68- NEW BUSINESS First item under New Business was a Resolution concerning the Section 8 Existing Housing Program. City Attorney Peeples read the Resolution. Alderman Hardage made a motion, seconded by Alderman Horton to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None The Resolution was assigned No. 1111. Second item under New Business was an Ordinance to waive competitive bidding - Building Insurance. City Attorney Peeples read the Ordinance. Alderman Cooper made a motion, seconded by Alderman Horton to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Horton to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Horton made a motion, seconded by Alderman Cooper that the Ordinance be approved on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Hardage made a motion, seconded by Alderman Horton 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: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Discussion. Alderman Cooper made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows; AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Hardage to adopt the Emergency Clause Section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None The Ordinance and the Emergency Clause passed. The Ordinance was assigned ~~1296. Next item under New Business was an Ordinance to waive competitive bidding to hire a marketing firm. City Attorney Peeples read the Ordinance. Alderman Horton made a motion, seconded by Alderman Woodell to adopt the Ordinance on its first reading. -69- I'~~ Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boats, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Hardage made a motion, seconded by Alderman Woodell to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Hardage made a motion, seconded by Alderman Woodell to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Horton made a motion, seconded by Alderman Woodell 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: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Alderman Boals stated it was his understanding the Advertising and Promotion Commission had unanimously approved this marketing firm. Mayor Ingram stated they had voted 7 - 0 in favor of hiring the marketing firm. Mayor Ingram asked "Shall the Ordinance Pass?" Alderman Hardage made a motion, seconded by Alderman Cooper to adopt the Ordinance. Roll call voting was: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Cooper made a motion, seconded by Alderman Woodell, to adopt the Emergency Clause Section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None The Ordinance and the Emergency Clause Section2 passed. The Ordinance was assigned rT„ , ~a~ Next item under New Business was an Ordinance to amend Ordinance 393 to prohibit the storage of inoperable motor vehicles upon private premises, establishing an emergency and for other purposes. City Attorney Peeples read the Ordinance. Alderman Horton made a motion, seconded by Alderman Woodell to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Alderman Horton made a motion, seconded by Alderman Hardage to suspend the rules and the Ordinance be placed on its seconded reading. Upon roll call vote, the voting was as follows: -70- AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Brasfield NAYS: Aldermen: Sumpter City Attorney Peeples read the Ordinance for the second time. Alderman Horton made a motion, seconded by Alderman Cooper to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Brasfield NAYS: Aldermen: Sumpter Alderman Horton made a motion, seconded by Alderman Woodell to further susp~n+~ the rules and the Ordinance be placed on its third and final reading. Upon x'c~ll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Brasfield NAYS: Aldermen: Sumpter City Attorney Peeples read the Ordinance for the third and final time. Discussion. Alderman Sumpter stated his reason for voting NAY ti~aas because he had not had time to analyze and look into the Ordinance. Alderman Brasfield asked if this only effected residential property only. City Attorney Peeples advised that it did. Mayor Ingram asked "Shall the Ordinance pass?" Alderman Horton made a motion, seconded by Alderman Cooper to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Brasfield NAYS: Aldermen: Sumpter Alderman Horton made a motion, seconded by Alderman Cooper to adopt the Emergency Clause Section 4. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Brasfield NAYS: Aldermen: Sumpter The motion carried. The Ordinance was assigned No. 1298. Next item on the agenda was Committee Reports. Alderman Horton stated he had the following Budget Change Requests from the Budget Committee. FIRE DEPARTMENT ACCOUNT ACCOUNT N0. INCREASE/DECREASE AMOUNT Clothing & Linen Supplies 142-516-00 x $2,000.00 Office Equipment 142-903-00 x $2,000.00 Motor Fuels 142-519-00 x $2,000.00 Small Equipment 142-906-00 x $2,000.00 Alderman Horton made a motion, seconded by Alderman Hardage to approve the budget change request in the Fire Department. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None -71- L CITY SHOP ACCOUNT ACCOUNT N0. INCREASE/DECREASE AMOUNT Maintenance-Building & Imp. 212-503-00 x $3,000.00 Alderman Horton made a motion, seconded by Alderman Woodell to approve the budget change request in the City Shop. Upon roll call vote, the voting was: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None SANITATION ACCOUNT ACCOUNT N0. INCREASE/DECREASE AMOUNT Transfer from Ed. Center Fund 300-375-10 x $ 90,950.00 Dumpster Permits 300-334-10 x 2,975.00 Automotive Ins. Premiums 311-532-00 x 2,975.00 Automotive Equipment 311-904-00 x $125,925.00 Alderman Horton made a motion, seconded by Alderman Cooper to approve the budget change request in the Sanitation Department. Roll call vote was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None ADVERTISING & PROMOTION ACCOUNT ACCOUNT N0. INCREASE/DECREASE AMOUNT 1% Adv. & Promotion Tax 700-382-00 x $40,000.00 Interest Income 700-361-00 x 4,000.00 Advertising 711-506-00 x $84,000.00 Chamber of Commerce 711-549-00 x $10,000.00 Alderman Horton made a motion, seconded by Alderman Woodell to approve the budget change request in t he Advertising ~ Promotion. Roll call vote, was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None EDUCATIONAL CENTER FUND ACCOUNT ACCOUNT N0. INCREASE/DECREASE AMOUNT Transfer to Sanitation Fund 811-550-10 x $90,950.00 Alderman Horton made a motion, seconded by Alderman Cooper to approve the budget change request in the Educational Center Fund. Upon roll call vote the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None PERMISSION REQUESTS Mayor Ingram requested City Council approval to pay the Arkansas Highway & Transportation Department the City's share of the 10 Mile Bayou Diversion Bridge project - $60,959.87. Alderman Hardage made a motion, seconded by Alderman Cooper to grant the approval for the Mayor to pay this amount. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None ~ Next, Alderman Burnett requested that the City Council withdraw the proposal that was sent to the Utility Commission for their recommendation. Alderman ', Burnett stated for the record that the City Council never asked the Utility Commission for one dime, they simply asked for their recommendation. Alderman _72_ Burnett stated that (1) The Utility Commission had a new Chairman and Vice Chairman and new member and would have more than enough to concern themselves and (2) As the proposing Alderman and upon full recommendation of the City Council, that the proposal be submitted to the Utility Commission for them to study and inform the Council of their decision as to whether or not they could feasibly grant the General Fund one million dollars to be used as the City Council outlined. ALderman Burnett stated as of this date, no study has been presented to the City Council nor the people of the City. Alderman Burnett yielded the floor to Alderman Hardage. Alderman Hardage stated he would like the Fire Department to get money for many reasons such as lowering the fire rates in the City of West Memphis, to purchase turnout suits and chemical suits for the firemen, and a new fire truclz. Alderman Hardage stated he would go back to the Fire Commission and the Utility Commission for the extra money and if refused, he would bring the matter before the City Council again. Alderman Burnett made a motion, seconded by Alderman Hardage, that the West Memphis City Council temporarily withdraw the proposal submitted to the Utility Commission. Upon voice vote, the voting was unanimous. APPOINTMENTS Mayor Ingram stated Mr. Jack Woodard resigned his position on the Board of Adjustment to become a member on the Design and Review Commission and recommended Mr. Dan Sheppard be appointed to the Board of Adjustment. Alderman Burnett made a motion, seconded by Alderman Hardage to accept Dan Sheppard in that position on the Board of Adjustment. Upon roll call vote, the voting was as follow: AYES: Aldermen: Burnett, Cooper, Boals, Horton, Woodell, Hardage, Sumpter, Brasfield NAYS: Aldermen: None Mayor Ingram announced that as requested by the Department of Housing and Urban Development and in order to avoid any possible conflict, he has been asked to announce that he would refrain in casting any vote in matters before the City Council involving the Community Development Block Grant Program and any possible interest of Razorback Concrete Company. Mayor Ingram stated a letter from the Legislated Joint Auditing Committee was received and a copy included in each City Council packet. Mayor Ingram asked that each City Councilman read the information received from the Fire Department included in their packets. Next, Mayor Ingram requested permission to sign a contract for a new telephone system with P&H Electronics for a phone system for the Fire Departments, City Hall, Civic Complex, and City Shop. Alderman Cooper made a motion, seconded by Alderman Burnett to authorize the Mayor to sign the phone system contact. Upon voice vote, the voting was unanimous. Alderman Burnett made a motion, seconded by Alderman Horton, to adjourn. E Upon voice vote, the voting was unanimous. The meet-ing adjourned at 2:30 p.m PASSED and APPROVED this ~Y' '1 day of ~,u,~~,,~~, 1987. MAYOR KEIT'~i INGRAM ~. ~ti SECRE ARY CINDY ARLY