November 16, 1989I
I ~
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~~ MINUTES
WEST MEMPHIS CITY COUNCIL
NOVEMBER 16, 1989
A regular meeting of the West Memphis City Council was held on Thursday,
!November 16, 1989 at 1:30 p.rn. 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 7_:40 p.m.
Reverend Richard Gregory of the Rosewood United Methodist Church offered
'prayer.
City Clerk Dan Craft called the roll. Those present were:
Mayor Keith Ingram
City Attorney David Peeples
City Clerk Dan Craft
Alderpersons:
James Cooper
Bill Pollard
Pritchard Horton
Sam Lehr
Richard Linsky
Bill Burnett
Mike Hardage
Roberta Jacl~son
Al Boals
Roscoe White
The first item on the agenda was bid openings. Bids for the City of West
Memphis ti~aere opened by Joe Scarbrough and read by City Attorney Peeples.
(2) ULV MACHINES (See attached bid tabulation)
Alderman Burnett made a motion, seconded by Alderman Horton to accept the
bids and refer to the Public Works Committee for final disposition. Upon voice
vote, the voting was unanimous.
Next, bids for the Community Development agency were opened by Tee Gardner
and read by City Attorney Peeples.
DEMOLITION, ELECTRICAL, PLUMBING, AND GENERAL CONTRUCTION BIDS (See attached)
~ Alderman Burnett made a motion, seconded by Alderman Pollard to accept
the bids and refer to Community Development for final disposition. Upon voice
vote, the voting was unanimous.
Next item on the agenda was Citizens Requests. Mr. Juel Boatman was present
to address the council concerning the paving of Rushing Road. Mr. Boatman stated
this road led to a horse barn that he owned and he had a petition of around (108)
signatures of people concerned about when this road was going to be fixed. Mayor
Ingram stated the city was going to contract t,Jith -t'r~e county to do the chip seal
work on the road and the County Judge recommended the work not be done until next
spring because this type work would not hold up with the present weather conditions.
Mayor Ingram also stated the Arkansas Highway Department had also recommended the
work not be done because the chip seal would not hold up and we would be wasting
our money. Mr. Boatman stated any work that the city would do would be appreciated.
He stated there tiaere three big holes and that when it rained, caused cars to
drown out. Alderman Pollard stated i1e ha'.i met with the Levee District and that
t~~ao culverts were supposed to be installed. Mayor Ingram to check on the culverts.
Alderman Pollard moved that tiie county be contacted and request that they blade the
road continually until the city is able to chip seal.
Next item on the agenda was the correction or approval of the minutes of the
November 2, 1989 City Council meeting. Alderman Burnett made a motion, seconded
1
by Alderman Cooper to dispense with the reading of the minutes and approve them
as presented in the packets. Upon voice vote, the voting eras unanimous.
1`1EW BUSINESS
First item under Net~~ Business eras a Resolution approving the contract
bet~~aeen the City of West Memphis and the Good Neighbor Center, Inc. City
Attorney Peeples read the Resolution. Alderman Burnett made a motion, seconded
by Alderman Horton to adopt the Resolution. Upon roll call vote, the voting bras
as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage, ~~
Jackson, Boals, White
NAYS: Aldermen: None
The Resolution ~~aas adopted and assigned No. 1204.
Next item under New Business vaas an Ordinance to ti~aaive competitive bidding
for the annual audit o-L- West Memphis Utility Commission by the account firm of
Dodge, Thomas, Goss & Oirens, declaring an emergency and for other purposes.
Alderman Hardage made a motion, seconded by Alderman Burnett to suspend the
rules and the City Attorney read the title only. Upon voice vote, the voting tiaas
unanimous.
City Attorney Peeples read the Ordinance for the first time. Alderman Pollard
made a motion, seconded by Alderman Horton to approve the Ordinance on its First
reading, . Upon roll call vote, the votin liras as follows
AYES: Aldermen: Cooper, Pollarcl, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, Trdhite
NAYS: Aldermen: None
Alderman Cooper made a motion, seconded by Alderman Pollard to suspend the
rules and the Ordinance be placed on its second reading. Upon roll call vote,
the votin; ti-Jas as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
City Attorney Peeples read the Ordinance for the second time. 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: Cooper, Pollard, Horton, Lehr, Linsley, Burnet] Hardage,
Jackson, Boals, White
NAYS: Aldermen: Nonne
Alderman Burnett made a motion, seconded by Alderman Pollard 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: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: rdone
City Attorney Peeples read the Ordinance for the third and final time.
Discussion. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderman Burnett
made a motion, seconded by Alderman Horton to adopt the Ordinance. Upon roll
call vote, the voting was as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsky9 Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: clone
Alderman Burnett made a motion, seconded by Alderman Lehr to adopt the
emergency clause, section two. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
i
4
Jackson, Boals, White
NAYS: Aldermen: Tdone
The Ordinance and the emergency clause was adopted and assined No. 1404.
Next item under NetiJ Business cJas an Ordinance to waive competitive bidding
' for advertisinv space on two bullboard, declaring an emergency and for other
i, purposes. Alderman Burnett made a motion, seconded by Alderman Hardage to
''' suspend the rules and the City Attorney read the title only. Upon voice vote,
the voting was unanimous.
City Attorney Peeples read the Ordinance for the first time. Alderman
!'; Burnett made a motion, seconded by Alderman Hardage to approve the Ordinance on
its first reading. Upon roll call vote, the voting ~~Jas as fo1lo~JS:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsky, Burnet, Hardage,
Jackson, Boals, White
i NAYS: Aldermen: None
Alderman 6dhite made a motion, seconded by Alderman Hardage to suspend the
rules and the Ordinance be placed on its second reading. Upon roll call vote,
i
the voting tiJas as follotiJS :
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jaclzson, Boals, White
NAYS: Aldermen: None
City Attorney Peeples read the Ordinance for the second reading. Alderman
Cooper made a motion, seconded by Alderman Lehr to approve the Ordinance on its
second reading. Upon roll call vote, the voting was as folloti~JS:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsky, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Alderman Cooper made a motion, seconded by Alderman Lehr to further suspend
i the rules and the Ordinance be placed on its third and final reading. Upon roll
call vote, the voting tiJas as folloti~JS
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Harda;;e,
Jacl~~son, Boals, White
NAYS: Aldermen: None
City Attorney Peeples read the Ordinance -L-or the third and final time. Discussion.
Mayan Ingram asked, "Shall the Ordinance Pass?" Alderman Burnett made a motion,
seconded by Alderman Pollard to adopt the Ordinance. Upon roll call vote, the
voting was as follo~JS:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsky, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: Tone
Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the
emergency clause, section ttiJO. Upon roll call vote, the voting tiJas as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsky, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
The Ordinance and the emergency clause tiJas adopted and assibned No. 1405.
Ne:~t was an Ordinance to repeal sections 3, 4, and 5 of Ordinance 202, to
eliminate the requirement of filing informations for prosecutions by the City
Attorney in Municipal Court, declaring an emergency, and for other purposes.
Alderman Hardage made a motion, seconded by Alderman Pollard to suspend the
rules and the City Attorney read the title only. Upon voice vote, the voting was
unanimous. City Attorney Peeples read the Ordinance for the first time.
Alderman Burnett made a motion, seconded by Alderman White to approve the
Ordinance on its first reading. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Alderman Lehr 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 ~1as as follows:
,~~
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
City Attorney Peeples read the Ordinance for the second time. Alderman
Cooper made a motion, seconded by Alderman Lehr to approve the Ordinance on its
second reading. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Alderman White made a motion, seconded by Alderman Hardage 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: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
City Attorney read the Ordinance for the third and final time. 1~Iayor Ingram
asked, "Shall the Ordinance Pass?" Alderman Lehr made a motion, seconded by
Alderman Jackson to adopt the ordinance. Upon roll call vote, the voting alas
as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Alderman Cooper made a motion, seconded by Alderman Horton to adopt the
emergency clause, section two. Upon roll call vote, the voting was as folloti~ls:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
The Ordinance and the emergency clause ~~aas adopted and assigned No. 1406.
Next item under Neti~a Business was an Ordinance authorizing the issuance of
Industrial Development Revenue Bonds under Arkansas Code annotated Sections
14-164-201 to 224, inclusive (1987), for the purpose of securing and developing
industry; authorizing the execution and delivery of a bond purchase agreement
providing for the sale of the bonds; authorizing the execution and delivery of a
Trust Indenture securing the bonds; authorizing and prescribing certain matters
pertaining to the Industrial Project, the Acquisition, Construction, and Equipping
thereof, and the financing thereof; authorizing a lease agreement between the city,
as lessor, and Superior Industries International, Inc., as lessee; authorizing
the execution and delivery of the lease agreement; prescribing matters relating
thereto; and declaring an emergency.
Alderman Hardage made a motion, seconded by Alderman Burnett to suspend
the rules and the City Attorney read the title only. Upon voice vote, the
voting was unanimous.
i
''i City Attorney Peeples read the Ordinance nor tie Lirst time. Alderman Lehr
made a motion, seconded by Alderman Harda~~e to approve the Ordinance on its
first reading. Upon roll call vote, the voting ~1a.s as follotias:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Beals, White
'! NAYS: Aldermen: None
Alderman .Lehr 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:
k AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Lins~.y, Burnet, Hardage,
Jackson, Beals, ti~lhite
TIA~~'S : Al~.ermen : 1`Ione
City Attorney Peeples read the Ordinance for the second time. Alderman
'~. Cooper made a motion;. seconded by Alderman Lehr to approve the Ordinance on
its second reading. Upon roll call vote, the voting Baas as folloias:
AYES: Aldermen: Cooper, Pollard, Ilorton, Lehr, Linsley, Burnet, Hardage,
Jacleson, Beals, tiahite
NAYS: Aldermen: None
Alderman Burnett made a motion, seconded by Alderman Ilorton to further suspend
the rules and the Ordinance be placed on its third anJ. final reading. Upon roll
call vote, the voting vaas as follotias:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linshy, Burnet, Hardage,
Jackson, Boal_s, ti~dhite
NAG'S: Aldermen: None
City Attorney Peeples read the Ordinance for the third and final time.
Discta.ssion. I~Iayor Ing-rara asl.ed, "Shall the Ordinance ass?" Alderman Lehr
made a motion, seconded by Alderman Jackson to adopt the Ordinance. Upon roll
call vote, the voting Maas as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linshy, Burnett' Hardage,
Jackson, Beals, 6lhite
NAYS: Aldermen: None
Alderman Burnett made a motion, seconded by Alderman Ilorton to adopt the
emergency clause, section cloven. Upon roll call vote, the voting, Baas as follocas:
i
AYES: Aldermen: Cooper, Pollardt' Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Beals, White
NAYS: Aldermen: None
The Ordinance and the emergency clause section eleven ~-aas adopted and assigned No.
? ~+0 7 .
Newt tiaas an Ordinance to ests.blish c,.i-rectives for the distribution of
funds available to youth organizations for charitable purposes, and for other
purposes.
Ald.crman I~aru.age made a motion, seconded by Alderman Bu-rnott to suspend the
rules and the City Attorney read the title only. Upon voice vote, the voting Jas
unanimous.
City Attorney Peeples read the Ordinance for the first time. Alderman
Hardage made a motion, seconded by Alderman IIorton to approve the ordinance on
its first reading. Upon roll cal]_ vote, the voting was as folloias:
APES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Beals, White
NAYS: Aldermen: None
The Ordinance ~°ASSED on its FIRST reading.
Next item on the agenda was Permission Requests. Mayor Ingram requested
CIty Council's approval to add an amendment to the Emergency Rehabilitation
Program to purchase smoke detectors for $2,000.00. Alderman Hardage made a
motion, seconded by Alderman Pollard to approve the amendment. Upon voice
vote, the voting was unanimous.
Alderman Hardage stated the final payment for the Lion's Club was approaching
soon for purchasing the disaster warning alarm's and he felt the city should
help and ask the county to help also. No action Baas taken at this time.
Next item under permission request was the approval to pay for the Haz-Mat vehicle ~ '`'
in the amount of $69,826.00. Alderman Cooper made a motion, seconded by Alderman
Horton to approve the purchase of the Haz-Mat vehicle. Upon voice vote, the
voting was unanimous.
Next, eras a request for council approval on a new service contract in the
Data Processing Department. Alderman Cooper made a motion, seconded by Alderman
Horton to approve the signing of the contract. Upon roll call vote, the voting
was as follows:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
The motion carried.
Next item under permission requests was permission to sign a contract with
SouthtiTestern Bell for a Plex-Ar System. Alderman Burnett made a motion, seconded
by Alderman Jackson to approve the Mayor and City Clerk to sign the contract. Upon
roll call vote, the voting tiaas:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Next request i~~as for permission for Municipal Court to purchase four (4)
new computer terminals. Alderman Hardage made a motion seconded by Alderman
Pollard to approve the purchase. Upon roll call vote, the voting was as folloti~as:
AYES: Aldermen: Cooper, Pollard, Horton, Lehr, Linsley, Burnet, Hardage,
Jackson, Boals, White
NAYS: Aldermen: None
Nel~t was Budget Change Requests. Alderman Horton made a motion, seconded
by Alderman Burnett to approve the Budget Change Requests as presented. Upon
voice vote, the voting was unanimous. (Copies attached)
Alderman Lehr announced there caould be a pre-bid conference for the bidding
of the Sanitation Department at 3:00 p.m. on this day.
Mayor Ingram announced the second Visual Enhancement Study Town Meeting
would be December 2, 1989 at 7:00 p.m. at City Hall.
Alderman Burnett made a motion, seconded by Alderman Lehr to recess until
December 1, 1989 a~ x.2:00 noon. Upon voice vote, the voting was unanimous.
PASSED and APPROVED this day of
SECRETARY CINDY EARLY
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