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September 3, 1987-85- MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 3, 1987 A regular meeting of the West Memphis City Council was held on Thursday, September 3, 1987 at 1:30 p.m. in the City Council Chambers at West Memphis City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Keith Ingram presided. City Clerk Dan Craft called the roll. Those present were: Mayor Keith Ingram City Attorney David Peeples City Clerk Dan Craft Aldermen: Pritchard Horton Bill Burnett Mike Hardage Roger Sumpter Roberta Jackson Al Boals Joe Brasfield James Cooper Gary Walker Mayor Ingram called the meeting to order at 1:43. Mayor Ingram announced the Public Hearing concerning vacating the south one-half of Wheeler Avenue was open and asked if anyone was present to speak for or against vacating the south half of Wheeler Ave. No one was present to speak. Public Hearing closed. Deacon David Briselden of Saint Michael's Catholic Church offered prayer. First item on the agenda was an Ordinance vacating the S 2 of Wheeler Ave. abutted on the south by lots 9, 10, & 11 in Block 19 of Wheeler Subdivision and on the north by that portion of Wheeler Ave. heretofore vacated by Ordinance 7.274 declaring an emergency. Alderman Walker made a motion, seconded by Alderman Boals, for the City Attorney to read the title only. City Attorney Peeples read the Ordinance. Alderman Burnett 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Hardage made a motion, seconded by Alderman Burnett to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Horton made a motion, seconded by Alderman Hardage to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Walker 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None -86- Mayor Ingram asked "Shall the Ordinance Pass?" Alderman Hardage made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Walker 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Ordinance was assigned No. 1303. (vacating Wheeler Ave.) Next, bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Peeples. ONE 3/4 TON 4 x 2 EXTENDED CAB TRUCK BIDllER AMOUNT Tom Gibson Ford $12,586.76 West Memphis, AR Buchanan Chev. & Olds. Co. $10,699.00 Osceola, AR Alderman Burnett questioned the specifications listed and the need for the extended cab, etc. Alderman Burnett made a motion, seconded by Alderman Cooper to refer the bids to the Utility Commission and recommend that they defeat the bid. Upon voice vote, the voting was unanimous. TWO - 1988 MID-SIZE HALF TON PICK- UP SHORT WHEEL BASE TRUCKS Tom Gibson Ford West Memphis, AR $8,797.61 each Alderman Walker made a motion, seconded by Alderman Horton to refer the bid s to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS Pecola & Sara Fisher - present concerning the Community Development Rehab Program and asked whether her home would be fixed before the winter months. Mayor Ingram informed Ms. Fisher that Mr. Massie who was overseeing the program, was to come back within 30 days after receiving the papers from HUD. Next item on the agenda was the correction or approval of the minutes of the City Council meeting of August 20, 1987. Alderman Hardage made a motion, seconded by Alderman Cooper to dispense with the reading of the minutes and approve them as presented in the packets. Upon voice vote, the voting was unanimous. Next item on the agenda was a Resolution declaring a vacancy on the City Council and that nominations be accepted for that position of Alderman from Ward Three and that an Alderman be elected to fill the vacancy and to serve for the unexpired term of Alderman James Woodell. City Attorney Peeples read the Resolution. Alderman Hardage made a motion seconded by Alderman Horton that Sam Lehr be nominated. Alderman Brasfield made a motion, seconded by Alderman Boals to nominate Doug Morris. Alderman Boals asked the Council to consider the petition that was presented to them in Pre-Council with 455 signatures for Doug Morris in Ward Three and also a letter from the Political Action Group supporting Doug Morris for Alderman. Alderman Brasfield made a motion, seconded by Alderman Sumpter to recess to the Mayor's Conference Room for an open discussion on this matter. Discussion. Roll call vote was as follows: _87_ AYES: Aldermen: Sumpter, Jackson, Boals, Brasfield, Cooper, Walker, Hardage NAYS: Aldermen: Horton, Burnett The motion carried. Meeting recessed at 2:12 p.m. The meeting resumed at 2:25 p.m. Alderman Hardage made a motion, seconded by Alderman Horton to elect Sam Lehr to fill the unexpired term of Jim Woodell as Alderman in Ward 3. Upon roll roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage,Sumpter, Brasfield, Walker NAYS: Aldermen: Jackson, Boals, Cooper Discussion regarding the vote was held. Alderman Brasfield inquired whether he could change his vote. City Attorney Peeples ruled the vote stands as called unless someone passes, then they can be called back to vote. The motion carried. The Resolution was assigned No. 1116. (Sam Lehr appointed) Next item on the agenda was a Resolution commending Alderman James Woodell for his outstanding leadership and service to the Citizens of Ward Three and all of West Memphis. City Attorney Peeples read the Resolution. Alderman Boalsmade a motion, seconded by Alderman Jackson, to adopt the Resolution. Upon roll call vote, the voting was: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Resolution was assigned No. 1117. Next item on the agenda was a Resolution authorizing the Fire Chief to advertise for bids on a 1500 gallon per minute pumper truck. City Attorney Peeples read the Resolution. Alderman Hardage made a motion, seconded by Alderman Boals to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Resolution was assigned No. 1118. Next item on the agenda was a Resolution whereas the Planning Commission recommended a change in the Comprehensive Plan for Lot 39, Bond Survey of Irregular lots, from Single Family Residential to General Industrial and Lot 40, of Bond Survey of Irregular lots from Single Family Residential to Medium Density Residential. City Attorney Peeples read the Resolution. Alderman Cooper made a motion, seconded by Alderman Horton to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Resolution was assigned No. 1119. Next item was an Ordinance to rezone Lots 39 & 40 Hulbert Subdivision - Bond Survey of Irregular Lots ( Common address being Lot 39 - approximately 600-700 Rainer Road and Lot 40 - 1500 S. Avalon) and declaring an emergency. Alderman Burnett made a motion, seconded by Alderman Hardage to read the title ;only. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance. Alderman Hardage made a motion, ',seconded by Alderman Burnett to approve the Ordinance on its first reading. Upon ',roll call vote, the voting was as follows: -88- AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Walker made a motion, seconded by Alderman Horton to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Horton made a motion, 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, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Walker to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, i Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Walker 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Ordinance was assigned No. 1304. (Rezone Lots 39 & 40 Hulbert Subd.} Next item on the agenda was an Ordinance to waive competitive bidding on 1987 audit for the Utility Department declaring an emergency and for other purposes. City Attorney Peeples read the Ordinance. Alderman Cooper 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker i NAYS: Aldermen: None Alderman Brasfield was absent from the vote. Alderman Horton made a motion, seconded by Alderman Burnett to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None Alderman Brasfield was absent from the vote. City Attorney Peeples read the Ordinance for the second time. _gg_ !~ !, Alderman Burnett made a motion, seconded by Alderman Horton to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker !r NAYS: Aldermen: None Alderman Brasfield was absent from the vote. Alderman Burnett made a motion, seconded by Alderman Cooper to further suspend the rules and place the Ordinance on its third and final reading. 'roll call vote, the voting was as follows: 'AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, ', Boals, Cooper, Walker NAYS: Aldermen: None Upon Alderman Brasfield was absent from the vote. City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None Alderman Brasfield was absent from the vote. Alderman Cooper made a motion, seconded by Alderman Walker to adopt the emergency clause, section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None Alderman Brasfield was absent from the vote. The Ordinance was assigned No. 1305. (Waive compt. bidding - Utility audit) Next item on the agenda was a request from the Utility Commission to establish a position for Meter Foreman with the salary $1,050.00 semi-monthly. Alderman Horton made a motion, seconded by Alderman Burnett to approve the request from the Utility Commission and establish the position. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None Alderman Brasfield was absent from the vote. Next item on the agenda was an Ordinance to waive competitive bidding for advertising space on billboards as approved by the Advertising and Promotion Commission. City Attorney Peeples read the Ordinance. Alderman Burnett 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: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None Alderman Brasfield was absent from the vote. Alderman Burnett made a motion, seconded by Alderman Horton to suspend the rules and place the Ordinance on its second reading. Roll call vote was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker 'NAYS: Aldermen: None 'Alderman Brasfield was absent from the vote. -90- City Attorney Peeples read the Ordinance for the second time. Alderman Hardage made a motion, seconded by Alderman Burnett to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None PASS: Aldermen: Brasfield Alderman Cooper made a motion, seconded by Alderman Walker 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, Burnett, Hardage, Sumpter, Jackson, Boals, Cooper, Walker NAYS: Aldermen: None PASS: Aldermen: Brasfield City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderman Cooper made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Walker to adopt the emergency clause, section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Ordinance was assigned No. 1306. (Waive comp. bidding- billboard adv.) Next item on the agenda was an Ordinance to waive competitive bidding for engineering services for the 1987 West Memphis Street and Bridge Improvement Program per contract dated March 7, 1987. City Attorney Peeples read the Ordinance. Aldermen Burnett made a motion, seconded by Alderman Cooper to to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Walker made a motion, seconded by Alderman Horton, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, th e voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker { NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Walker made a motion, seconded by Alderman Horton to ~ prove the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Walker, to further susp end the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: -91- AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Walker to adopt the emergency clause, section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The Ordinance was assigned No. 1307. (Waive compt. bidding-Engineering Contract) PERMISSION REQUESTS Mayor Ingram requested authorization to sign a warranty deed for the Arkansas Highway Department to purchase approximately 330 sq. ft. of property at Fire Station ~~1 for street improvements in the amount of $1,600.00. Alderman Hardage made a motion, seconded by Alderman Cooper to authorize the Mayor sign the warranty deed. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None Next item discussed was the recommendations from the Planning Commission. Alderman Walker made a motion, seconded by Alderman Burnett to approve the recommendation from the Planning Commission as presented in the packet and a copy be attached to the minutes. Upon roll call vote, the voting was as follows: AYES: Aldermen: Horton, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper, Walker NAYS: Aldermen: None The motion carried. Copy attached. Next item discussed was the City of West Memphis Charity Fund Recipients Budget Recapitulation of Revenue and Expenditures for Current General Activities Sheet as prepared by Alderman Sumpter. Lengthy discussion was held concerning additions and changes in the sheet. After discussion, Mayor Ingram appointed a committee consisting of Alderman Burnett, Alderman Sumpter, Alderman Jackson,and Ald. Boals to review the sheet and make a recommendation at the next City Council meeting. Alderman Burnett to be the chairman of the committee. Mayor Ingram thanked Alderman Burnett for an outstanding job as auctioneer at the City Auction. Alderman Burnett announced there would be a Public Works Committee meeting immediately following the City Council meeting. Alderman Cooper announced there would be a Police Commission meeting next Friday at 12:00 noon at the Police Department. Having no further business, Alderman Cooper made a motion, seconded by Alderman Hardage to adjourn. Upon voice vote, the voting was unanimous. -92- PASSED and APPROVED this ~'~~-~..(~, day of '~ .~, ~ , 1987 MAYOR KEITH ING ATTEST: CITY CL N AF SECRETARY NDY EARL .N{fT Mf w S ~ 4 ~ • ~ ~ s', s » ~ ~ 1 1 RKAHf- i C i '~Y Off' ~~~~'T M~MI~I~I~ CI ', CODE ENFORCEMENT 205 S. Redding - West Memphis, Arkansas 72301 - (501) 735-2720 T~ : Mayor and City Council FROM: Nanette Alsbrook, Secretary ~ ~, DATE: August 28, 1987 ~~ RE: Planning Commission Events of August 26, 1987 The Planning Commission met on August 26, 1987 at 3:30 P.M. in regular session. The information on the following was in the City Council packets dated August 20, 1987. 1. The Planning Con~nnission recommends to the Mayor and City Council to accept the withdrawal of Rezoning Application ~~05-87 for The Saig Company. The Planning Commission stated the Airport Commission ~,~as unanimously opposed .to the rezoning of Tract ~~2 located along Airport Road , due to the fact the FAA, the Airport Commission, and Mr. Eddie Saig are to meet again in reference to the density. 2. The Planning Commission recommends to the Mayor and City Council approval of the Comprehensive Development Plan change from Single Family Residential to Limited Indus- trial for Lot 39 of Bond Survey of Irregular Lots and Single Family Residential to Multi-Family Residential for Lot 40 of Bond Survey of Irregular Lots. The Planning Commission also recommends approval of the Rezoning Application ~~07-87 for Lot 39 of Bond Survey of Irregular Lots from R-1 Single Family Residential to I-2 General Industrial and for Lot 40 of Bond Survey of Irregular Lots from R-1 Single Family Residential to R-4 Medium Density Fesidential District. 3. The Planning Commission recommends to the Mayor and City Council approval of Rezoning A..pplication ~~ 08-87 for Ben McGee from C-1 General Business District to C-2 open Display Commercial District for the property located at Interstate 55 & 40 intersection. 4, The Planning Commission recommends to the Mayor and City Council to deny the Comprehensive Development Plan change from Public/Quasi-Public to Commercial for the property located at 1201 South Avalon, An Equal Opportunity Employer ,+ ', Mayor and City Council August 28, 1987 Page two The Planning Commission recommends denial of Rezoning Application ~~09-87 for Jimmy Neal and Christene G . Neal from R-4 Medium Density Residential to C-1 General Busi- ness District. ~.