August 6, 1987MINUTES
WEST MEMPHIS CITY COUNCIL
AUGUST 6, 1987
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A regular meeting of the West Memphis City Council was held on Thursday,
August 6, 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 1:45 p.m.
Prayer was offered by Reverend Bill Connell of the First United Methodist
Church.
City Clerk Dan Craft called the roll. Those present were:
Mayor Keith Ingram
City Attorney David Peeples
City Clerk Dan Craft
Aldermen:
James Cooper
Al Boals
Gary Walker
Pritchard Horton
Roberta Jackson
Jim Woodell
Mike Hardage
Roger Sumpter
Joe Brasfield
Bill Burnett
First item on the agenda was Bid Openings. Bids for the 1987 WEST MEMPHIS
STREET IMPROVEMENT PROGRAM were opened by City Engineer Ward Wimbash and Eddie
Brawley, Consulting Engineer and read by City Attorney Peeples.
BIDDER BASE BID DEDUCTIVE ALT. ~~1 TOTAL AMOUNT
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Memphis, TN $759,168.50 $65,964.50 $693,204.00
Hollingsworth Paving
Memphis, TN $981,706.20 $85,065.00 $896,641.20
Alderman Hardage made a motion, seconded by Alderman Horton to refer the
bids to the Mayors Office for final disposition. Upon roll call vote, the voting
was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
Alderman Burnett made a motion, seconded by Alderman Walker to give the
Mayor the authorization to negotiate the contract for the 1987 Street Improvement
Program. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jacltison, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
Next, bids for the COMMUNITY DEVELOPMENT AGENCY DEMOLITION PROJECT were
opened by Mrs. Tee Williams and read by City Attorney Peeples.
BIDDER 526 SOUTH 19th 132 SOUTH 21st.
Johnnie Motley $450.00 $500.00
Bobby Hill $290.00 NO BID
Alderman Cooper made a motion, seconded by Alderman Burnett to accept the
bids on 526 S. 19th and refer the bids on 132 S. 21st St. to Community Development
Agency. Upon roll call vote, the voting was as follows:
'AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
'NAYS: Aldermen: None
Alderman Burnett asked that the City Attorney check to see if the City
,Engineer was officially designated as a member of the Public Works Committee
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and if not, he would like to see that he is added to be a member.
Ne:~t item on the agenda was the correction or approval of the minutes of
the City Council meeting of July 23, 1987. Mayor Ingram noted there was one
correction which was under Bid Openings. The only bid for the Utility Commission
Drive-Thru Window was not Hersch Construction. The minutes are to reflect, the
only bidder was Roeder Construction. Alderman Burnett made a motion, seconded
by Alderman Horton to dispense with the reading of the minutes, and approve
as corrected. Upon voice vote, the voting was unanimous.
OLD BUSINESS
The first item under Old Business was the third 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
third and final time. Alderman Cooper made a motion, seconded by Alderman
Horton to approve the Ordinance on its third and final reading. Upon roll call
vote, the voting was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
The motion Passed. The Ordinance was assigned No. 1299.
NEW BUSINESS
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The first item under New Business was an Ordinance to rezone the West 505
feet of Lot 11, Block 14, 2nd Rich Eastern Addition, West Memphis, Arkansas.
City Attorney Peeples read the Ordinance for the first reading.
Alderman Cooper made a motion, seconded by Alderman Walker to approve the
Ordinance on its first reading. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell, x
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Hardage, Sumpter, Brasfield
NAYS: Aldermen: None
PASS: Aldermen: Burnett (due to a conflict of interest)
Second item under New Business was a Resolution authorizing the Mayor and
City Clerk to enter into and execute an agreement between the City of West Memphis
and Central States Development for the purchase of a certain 18.88 acre tract
of land. City Attorney Peeples read the Resolution.
Alderman Walker made a motion, seconded by Alderman Hardage, to adopt the
Resolution. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
The motion carried. The Resolution was assigned No. 1112.
Third item under New Business was a Resolution concerning the settlement
of the Meadows lawsuit and approves the payment to the Meadows of West Memphis,
Robert E. McCarley, James C. Rainer, III, and Rieves and Mayton, their attorneys, a
in the amount of $12,500.00 as the city's one-half of the $25,000.00 to be paid
to said Plaintiffs and their attorne s as total settlement of an and all claims,
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including attorney's fees, in connection with said lawsuit, ~~aith the balance of
$12,500.00 to be paid by the Arkansas Municipal League Legal Defense Fund.
Alderman Jackson made a motion, seconded by Alderman Horton to adopt the
Resolution. Upon roll call vote, the voting was as follocas:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
The motion carried. The Resolution was assigned No. 1113.
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PERMISSION REQUESTS
Mayor Ingram requested authorization to pay Cameron Construction Company
$57,378.03 for work being done through the Community Development Block Grant
Program on N. 8th St. and S. 16th Street. Alderman Cooper made a motion,
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seconded by Alderman Horton to authorize said payment to Cameron Construction Co.
Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
Mayor Ingram recognized Ms. Lenere Brownlee who has been working with the
', City of West Memphis as an intern for ten weeks and commended her on a job
k well done.
'' Next item on the agenda was a request from the City Clerk Dan Craft to
'', ' charge off Emergency Medical Services bills in the amount of $3,383.36 of
', unpaid balances. Mr. Craft stated there was a total of ninety-eight accounts
', ! that were balances due after Medicare paid their portion or were accounts
~' ' that were returned through the mail as "deceased" dated 1986 and 1987.
Alderman Walker made a motion, seconded by Alderman Jackson to refer the
bills to the City Attorney for he and Mr. Craft to review and see if there ~~rere
any chance of recovering these accounts. Upon roll call vote, the voting was:
', AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
', Hardage, Sumpter, Brasfield,. Burnett
NAYS: Aldermen: None
' Next item under Permission Requests was a recommendation from the Planning
f Commission for approval of the rezoning application ~~06-87 of Guaranty Loan and
Real Estate Co. from C-1 General Business District to C-2 Open Display Commercial
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District for the property designated as 2681-2701 Interstate 55.
', Alderman Walker made a motion, seconded by Alderman Hardage to approve
', the rezoning application. Upon roll call vote, the voting was as follows:
', AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Hardage, Sumpter,
'~ Brasfield
NAYS: Aldermen: None
', PASS: Aldermen: Burnett (conflict of interest)
''~ Alderman Woodell abstained from the vote.
''~ Next tiaas a recommendation from the Planning Commission for approval of
', the final plat of Phase I of Oak Creek Plantation prepared by Bond Engineering
' Company, subject to conditions outlined in packets.
', Alderman Horton made a motion, seconded by Alderman Walker to approve the
I, ' final plat. Upon roll call vote, the voting was as follows:
', AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, I3ardage, Sumpter,
'' Brasfield, Burnett
NAYS: Aldermen: None
Alderman Woodell abstained from the vote.
Next, was a request to dispose of records from the Code Enforcement
' Department. Alderman Hardage made a motion, seconded by Alderman Horton
to approve the destruction of the records. Alderman Walker made a motion,
seconded by Alderman Cooper to add to the motion that Alderman Brasfield
would witness the destruction. Upon roll call vote, the voting was as follows:
'; AYES: Aldermen: Cooper, Boals, Wallzer, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
', (Copy of records attached)
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Mayor Ingram stated the incinerator was out of commission and requested
the City Attorney to check to see if we would comply with the State laws
by digging a pit and burning the records.
Next item discussed was the distribution of funds to the Boys and Girls
Clubs. Alderman Cooper made a motion, seconded by Alderman Horton to distri~-ate
$31,889.53 to the L.R. Jackson Girls Club, $31,889.53 to the Jack Rich Girls
Club, $7,500.00 to the West Memphis Boys Club and $7,500.00 to the Wonder City
Boys Club. This money was 1/3 of the uncashed tickets from Southland in 1986.
Alderman Boals asked that the additional money distribution be put on the agenda
next City Council meeting.
Mayor Ingram stated the State law concerning the distribution of funds
from Southland Racing had changed this year. The money is all in one fund for
youth, both girls and boys. Mayor Ingram stated there was some additional money
due and the City Council will decide how it is to be distributed. This money will
be from the Charity Days and noted there was an additional day added this year.
Roll call vote was held on the motion to distribute the funds. The voting
was as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
COMMITTEE REPORTS
Alderman Horton stated the Budget Committee had met and requested several
budget changes. Alderman Hardage made a motion, seconded by Alderman Horton
to approve the budget changes as attached. Upon roll call vote, the voting was
as follows:
AYES: Aldermen: Cooper, Boals, Walker, Horton, Jackson, Woodell,
Hardage, Sumpter, Brasfield, Burnett
NAYS: Aldermen: None
The motion carried. Copy of budget change requests attached.
Alderman Burnett stated there would be a Public Worlcs Committee meeting
immediately following the City Council meeting.
Alderman Walker requested all City Councilmen review the draft ordinance
regulating signs included in their packets and stated the ordinance caould be on
the next City Council agenda.
At this time, Alderman Woodell asked to address the council. Alderman
Woodell stated effective immediately, he was resigning his seat on the City
Council and after a lot of research, thought, and prayer, he would like to
recommend the City Council appoint Mr. Hugh Sullivan to fill his vacancy on the
council due to he was moving to another city.
City Council members expressed their best wishes and that they all enjoyed
working with Alderman Woodell and would miss him.
Mayor Ingram declared a vacancy on the City Council.
Alderman Walker made a motion, seconded by Alderman Burnett, to accept
Hugh Sullivan as recommended, to fill the unexpired term of Jim Woodell on
the West Memphis City Council by acclamation.
Lengthy discussion was held. Roll call vote was as follows:
AYES: Aldermen: Walker, Horton
NAYS: Aldermen: Cooper, Brasfield
PASS: Aldermen: Jaclcson,Sumpter, Burnett
Alderman Hardage and Alderman Boals abstained from the vote. Alderman Boals
stated his reason for abstaining was to talk to the people in his ward.
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Alderman Hardage and other councilmen expressed their reason for abstaining
had nothing to do with Mr. Sullivan, but had to go along with the other
Alderman in that ward.
Tile motion failed.
Alderman Woodell stated he was doing what he was suppose to do and
had researched and talked to people and in his opinion, would not find a
better man than Hugh Sullivan. Discussion continued.
Alderman Sumpter made a motion, seconded by Alderman Cooper to adjourn.
Upon voice vote, the voting was unanimous.
The meeting adjourned at 2:50 p.m.
PASSED and APPROVED this ~~
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SECRETARY INDY EARLY
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