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January 3, 1985-1- MINUTES WEST MEMPHIS CITY COUNCIL January 3, 1985 A regular meeting of the West Memphis City Council was held on Thursday, January 3, 1985 at 1:30 p.m., in West Memphis, Araknsas, at City Hall, 205 South Redding Street, in the Council Chambers with Mayor Leo Chitman presiding. The following persons were present: Mayor Leo Chitman Deputy City Attorney Jim McCaa Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Absent: City Attorney Smith. (fir. Smith had to be in Court in Memphis, but came to the meeting at 3:15 p.m.) Prayer was offered by Reverend Dennis Bartels, St. Paul Lutheran Church. Mayor Chitman announced that all the Council members had taken the Oath of Office. Alderman Horton made the rnotion, seconded by Alderperson Roberta Jackson, to conduct business according to the Roberts Rules of Order. Upon voice vote of the Council, the voting was unanimous. CITIZENS REQUEST: None. The first item on the agenda was the correction or approval of the Minutes for the December 20, 1984 City Council meeting. Alderman Shelton made the motion, seconded by Alderman Guin, to approve the Minutes as presented. Upon voice vote, the voting was unanimous. Alderman Shelton made the motion, seconded by Alderman Morris, to approve the Minutes of the recessed December 28, 1984 City Council meeting as presented. Upon voice vote of the Council, the voting was unanimous. The first item under old business was the third reading of an Ordinance to rezone a 1.97 acre tract of land in the North Half of the Northwest Quarter of Section 24 To'w~nship 6 Range 8. Read by Deputy City Attorney McCaa for the third and final time. Alderman Morris made the motion, seconded by Alderman Horton, to adopt l;he Ordinance on its third reading. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, f~orris, Shelton, Sumpter. N0: Aldermen: None. The Ordinance passed and was assigned Ordinance No. 1206, which reads as follows: -G- ORDINANCE N0. /~ OG AN ORDINANCE TO REZONE A 1.97 ACRE TRACT OF LAND IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 24 TOWNSHIP 6 RANGE 8 WHEREAS, application was made to the City Planning Commission to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 1033 the matter was heard by the City Planning Com- mission and no persons appearing to protest the same the Planning Commission recommended that said application be granted: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the following described property, to wit: A part of the North Half (NZ) of the Northwest Quarter (NW4) of Section Twenty-Four (24 ), in Township Six (6) North, Range Eight (8) East, Crittenden County, Arkansas, and which lies North of the right of way of the Chicago Rock Island & Pacific Railroad in said County and State, to wit: Beginning at the point of intersection of the Northern Boundary line of the right of way of the Chicago Rock Island & Pacific Railway company with the line which divides said Section Twenty-Fpur (24) into the East Half (EZ) and the West Half (W2 ), which point of intersection is distant 109.6 feet North of the center of the main line of track of said Railroad company; from said point of intersection run South 70 degrees 50 minutes T,Nest along and with the Northern boundary line of said Railroad Company's right of way, a distance of 162.2 feet to a stake which marts the Southeast corner of the lot herein described;continue thence in the same direction, along and with the Northern boundary line of said Railroad Company's right of way, a further distance of 365.1 feet to an iron stake, which marks the Southwest corner of the lot herein described, and which is also the Southeast corner of a lot now owned by Dabbs Brother's run thence North 19 degrees 10 minutes West a distance of 235 feet to an iron stake which marks the Norttwest corner of the lot herein described;thence North 70 degrees 50 minu- tes East a distance of 365.1 feet to an iron stake which marks the Northeast corner of the lot herein describEd;and from thence run South 10 degrees 10 minutes East a distance of 235 feet to the point of beginning, said lot containing 1.97 acres, according to survey and plat thereof prepared by S. W. McCleskey, Surveyor, on January 6, 1919; and being the West 365.1 feet of that certain lot sold and conveyed to Davis M. Biggs by T. K. Riddick, Edward G. Riddick, Harriet M. Riddick, Betty R. Manouge and husband, R. E. Manouge, and Amelia R. Standford and James B. Standford, her husband, by Warranty Deed dated the 1st day of January, 1920, and described as the 'First Tract' in said deed, and being the same property conveyed by J. A. Crawford and wife, Lillie Crawford, to Courtney R. Chew by Deed dated March 2, 1933, and recorded in Eook 147 at page 322 of the Records of said County and being at approximately 1323 South Avalon, West Memphis, Arkansas. be and the same is hereby rezoned RMH Mobile Home Residence District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. .,~~v~"~- ~ s. ~1~~h fir: '.;t ~10~` ~~ 1g~~ ~~ ~•~ _~ !.v ~ ~ ~i -3- <?~ti~: f .~ ADOPTED this ATTEST: ,,, r~ ' The first item under New Business was the appointments to Commissions and Committees made by Mayor Leo Chitman. POLICE COMMISSION(Meets 2nd Tuesday at 6:00 P.M.) Roger Sumpter Pritchard Horton Roberta Jackson Curtis Dalton Clarence Guin Alderman Shelton made the motion, seconded by Alderman Morris, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. FIRE COMMISSION: (Meets 2nd Tuesday at 12:00 Noon) Doug Morris James Cooper Joe Brasfield William Burnett Clarence Guin Alderman Shelton made the motion, seconded by Alderman Dalton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. PRIVILEGE LICENSE COMMITTEE (Meets on Call) Dan Craft Bernice Holland Wyman Morgan Alderman Morris made the motion, seconded by Alderman Dalton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. PROPERTY, FIRE & CASUALTY INSURANCE COMMITTEE (fleets on Call) James Cooper Clarence Guin Roger Sumpter Doug Morris Wyman Morgan Alderman Dalton made the motion;, seconded by Alderperson Roberta Jackson, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. SMALL CLAIMS COMMITTEE (Meets on Call) Curtis Dalton James Cooper Larry Shelton Alderman Dalton made the motion, seconded by Alderman Burnett, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. MOSQUITO CONTROL COMMITTEE (Meets on Call) Joe Scarbrough Wyman Morgan Clarence Guin James Cooper ~/~lderman Dalton made the motion, seconded by Alderman Cooper, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. -4- John Ross Alderman Guin made the motion, seconded by Alderman Burnett, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. COMMISSIONS: PUBLIC WORKS COMMISSION (Meets once monthly/time and on call) Roberta Jackson Joe Brasfield William Burnett Curtis Dalton Pritchard Horton Dennis Sorrell Douglas Greyer Eddie Brawley~ * Advisory capacity only, no voting power. Alderman Dalton made the motion, seconded by Alderman Burnett, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. SANITATION COMMISSION (Meets once monthly/and or on call) Doug Morris James Cooper Larry Shelton Joe Brasfield Roger Sumpter Willie B Harris- Charles Gladney~ Advisory capacity only, no voting power. TAXI-COMMITTEE (Meets on Call) Roberta Jackson Roger Sumpter Curtis Dalton Alderman. Shelton made the motion., seconded by Alderman Cooper, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. ANNEXATION COMMITTEE (Meets on Call) William Burnett Roberta Jackson Roger Sumpter James Cooper Bill Johnson Robert Smith, ATTY. Alderman Morris made the motion, seconded by Alderman Burnett, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. ACT NINE BOND COMMITTEE (Meets on Call) Doug Morris Curtis Dalton James Cooper Roberta Jackson Clarence Guin Code Enforcement Officer Alderman Dalton made the motior~,seconded by Alderman Horton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. LEASING COMMITTEE (Meets on Call) Clarence Guin Doug Morris James Cooper Larry Shelton Alderman Shelton made the motion, seconded by Alderman Horton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. PERSONNEL COMMITTEE: (Meets on the 2nd Wednesday, at 5:00 P.M.) Mayor Leo Chitman Police Dept. - Pritchard Horton Utility Dept.- J. B. Richardson James Cooper Fire Dept.-Ronnie Sturch Public Works Dept.- Cleon Brown Other Dept. - Alderman Shelton made the motion, seconded by Alderman Horton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. HOUSING AUTHORITY (Meets lst Thursday at 1:15 P.M.) Eugene Seals James Cage Liaison: James Cooper Frank Hill Doris Nichols J J -5- Alderman Shelton made the motion, seconded by Alderman Horton, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. BUDGET COMMISSION (Meets once monthly and/or on call) Doug Morris Roberta Jackson William Burnett James Cooper Joe Brasfield Alderman Burnett made the motion, seconded by Alderperson Roberta Jackson, to approve the appointments. Upon voice vote of the Council, the voting was unanimous. At this time Mayor Chitman expressed his appreciation to Alderman Doug :Morris for serving as his Vice Mayor for two (2) years. Mayor Chitman stated he would like to appoint Alderperson Roberta Jackson as Uice-Mayor for next two years, if she will accept the position. Mayor Chitman noted this was a history , making event, being it is the first time a black and a woman has been appointed to the position of Vice Mayor. Alderman Horton made the motion, seconded by Alderman Morris, to approve the appointment of Alderperson Roberta Jackson as Uice Mayor. Upon voice vote of the Council, the voting was unanimous. Many Council members stated they thought the Mayor had made an excellent choice. Alderperson Roberta Jackson stated that she was speechless and would do the best possible job. The first item under new business was a Resolution authorizing the Mayor to sign the Landlord Waiver Agreement for Three Rivers Plywood Company, was read by Deputy City Attorney McCaa. Alderman Horton made the motion, seconded by Alderman Burnett to adopt the Resolution. Lengthy discussion. Alderman Morris withdrew his motion, Alderman Burnett withdrew his second. The Resolution was postponed until later in the meeting when. City Attorney Smith will be present to give his opinion. Deputy City Attorney McCaa read an Ordinance to amend Section Eight (8) of Ordinance No. 1069, declaring an emergency and for other purposes. Read in its entirety for the first time. Alderman Morris made the motion, seconded by Alderman Horton, to apporve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Horton, Jackson, h1orris, Sumpter. N0: Aldermen: Brasfield, Dalton, Guin. PASS: Aldermen: Shelton. The Ordinance passed on its first reading. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Horton made the motion, seconded by Alderman Burnett, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Guin, Shelton. -6- The motion failed, needs two-thirds majority of the elected officials voting "AYE". Discussion followed an two-thirds majority to pass the Ordinance to suspend the rules, also that it passed on its first reading, and could be brought back up at this meeting if an Alderman who voted N0, make a motion to reconsider. Deputy City Attorney f~cCaa read an Ordinance to establish compensation for City Clerk for the City of West Memphis, declaring and emergency and other purposes. Read for the first time in its entirety. Alderman Guin made the motion, seconded by Alderman Cooper to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Dalton, Shelton. The Ordinance passed on its first reading. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Guin made the motion, seconded by Alderperson Roberta Jackson, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Dalton, Shelton. The motion passed. Deputy City Attorney h1cCaa read the Ordinance for the second time. Mayor Chitman called for a motion to further suspend the rules and the Ordinance be placed on its third and final vote. Alderman Morris made the motion, seconded by Alderman Guin, 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: AYE: Aldermen: Brasfield, Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Dalton, Shelton. The motion passed. Deputy City Attorney McCaa read the Ordinance for the third and final time. Lengthy discussion, on the Treasurers salary with a raise would be more than the City Clerks and also more that the City Council members would be making. Discussion. A few of the Council members ex- pressed concern that the Aldermen and the Mayor were receiving raises and they did not agree, as the money came from the Utilities. At this time, Alderman Morris called for the question, seconded by Alderman Guin. Upon roll call vote on the question, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter. N0: Aldermen: None. The motion passed. (Alderman Brasfield was not present for the vote.) -7- Mayor Chitman asked, "Shall the Ordinance pass?" Alderman Guin made the motion, seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor Chitman called for a motion to adopt the Emergency Clause, Section 3. Alderman Burnett made the motion, seconded by Alderman Guin, to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The Ordinance and the Emergency Clause, Section 3, passed with two-thirds majority of the elected officials present and voting. The Ordinance was assigned Ordinance No. 1207, which reads as follows: (On page 11) Deputy City Attorney McCaa read an Ordinance to establish compensation for Aldermen for the City of West Memphis, Arkansas, declaring and emergency and for other purposes. Read in its entirety for the first time. Alderperson Jackson made the motion, seconded by Alderman Guin, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor~Chitman called fora motion to suspend the rules, and the Ordinance be placed on its second reading. Alderman Guin made the motion, seconded by Alderman Cooper, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Deputy City Attorney McCaa read the Ordinance for the second time. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Deputy City Attorney read the Ordinance for the third and final time. Discussion. Lengthy discussion. Discussion concerned funding the raises from the utility money. Mayor called some City Council members out of order for getting personal. -8- Alderman Guin called for the question, seconded by Alderman Morris. Upon roll call vote, the voting was as follows: AYE: Aldermen: Guin, Horton, Morris. N0: Aldermen: Brasfield, Burnett, Cooper, Dalton, Jackson, Shelton, Sumpter. The motion failed. Mayor Chitman cautioned the City Council at this time not to get personal. Discussion continued. Mayor Chitman asked, "Shall the motion pass?" Alderman Guin made the motion, seconded by Alderperson Roberta Jackson, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor Chitman called for a motion to adopt the Emergency Clause, Section 3. Alderman Guin made the motion, seconded by Alderman Morris, to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The Ordinance and the Emergency Clause, Section 3 passed with two-thirds majority of the elected officials present and voting. The Ordinance was assigned Ordinance No. 1208, which reads as follows: (On page 12) Deputy City Attorney McCaa read an Ordinance to establish compensation for the Mayor of the City of West Memphis, Arkansas, declaring and emergency and for other purposes. Read for the first time in its entirety. Alderman Guin made the motion, seconded by Alderperson Jackson, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Guin made the motion, seconded by Alderman Morris, to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Deputy City Attorney McCaa read the Ordinance for the second time. Mayor Chitman called for a motion to further suspend the rules and the Ordinance be placed on its third and final vote. -9- Alderman Guin made the motion, seconded by Alderperson Jackson, 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: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Deputy City Attorney McCaa read the Ordinance for the third and final time. Discussion. Mayor Chitman asked, "Shall the Ordinance pass?" Alderman Sumpter made the motion, seconded by Alderman Morris, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Norton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor Chitman called for a motion to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The Ordinance and the Emergency Clause, Section 3 passed with two-thirds majority of the elected officials present and voting. The Ordinance was assigned Ordinance No. 1029, which reads was follows: ( On page 13 ) Mayor Chitman called for a motio to accept the next Ordinance on the Agenda, an Ordinance to establish compensation for the Treasurer of the City of West Memphis. Alderman Morris made the motion, seconded by Alderperson Jackson to accept the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The Ordinance was accepted. Deputy City Attorney McCaa read an Ordinance to establish compensation for the Treasurer of the City of West Memphis, declaring an emergency and for other purposes. Read for the first time in its entirety. Alderman Cooper made the motion, seconded by Alderperson Jackson, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Mayor Chitman called for a motion to suspend the rules and the Ordinance be placed on its second reading. Alderman Morris made the motion, seconded by Alderman Cooper, -10- to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Guin, Shelton. The Council discussed the vote, six "Ayes", four:~!'No",since they need seven-"AYES" two-third majority of the elected officials voting "AYE" to suspend the rules, it was not a majority. Mayor Chitman had not announced the vote, Alderman Guin changed his vote to "AYE", which made the vote seven "AYE", three "NO". The Mayor announced the motion passed. Deputy City Attorney McCaa read the Ordinance for the second time. Mayor Chitman called for a motion to further suspend the rules and the Ordinance be placed on its third and final reading. Alderman Morris made the motion, seconded by Alderperson Roberta Jackson to suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Dalton, Shelton. The motion passed. Deputy City Attorney McCaa read the Ordinance for the third and final time. Discussion. Discussion on whether to amend the motion or go back and amend the Ordinance for the City Clerk. Discussion if this Ordinance passes, the City Treasurer would be making $600.00 a year more than the other officials. r Mayor Chitman asked, "Shall the Ordinance pass?" Alderperson Jackson made the motion, seconded by Alderman Horton, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris. N0: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Shelton, Sumpter. PASS: Aldermen: Cooper. Mayor Chitman announced the vote two "AYES", seven "NO's" and one "PASS". The Ordinance failed and was not adopted. Alderman Morris requested a ten minute recess. Meeting recessed at 3:10 p.m. Mayor Chitman called the meeting back to order at 3:26 p.m. Mayor Chitman made the announcement there would be no smoking, eating, or drinking in the Council Chambers due to safety reasons. The signs were posted and asked everyone please to observe the rules. ORDINANCE N0. ~_ AN ORDINANCE TO ESTABLISH COMPENSATION FOR CITY CLERK FOR THE CITY OF WEST MEMPHIS, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKASNAS: SECTION 1. Effective January 1, 1985 the compensation for the City Clerk of the City of West Memphis, Arkansas shall be six thousand dollars ($6,000) annually, with no car allowance. SECTION 2. All Ordinances and Resolutions or Parts of Ordinances and Resolutions in conflict herewith are hereby repealed. SECTION 3. Emergency Clause. It having been determined by the City Council of the City of West Memphis that due to the cost price index that an increase in salary is urgent, therefore, an emergency is declared and this ordinance being necessary for the preservation of peace, safety, and health of the citizens of West Memphis, Arkansas shall be effective on its passage and approval. PASSED AND APPI 1985. ~~~~ 'ATTEST: j ~, ,,,,,~ CITY CITY (k.1rR14'~ ~"~!~" 11- i -;: -12- ORDINANCE N0. ~ 2,0~ AN ORDINANCE TO ESTABLISH COMPENSATION FOR ALDERMEN FOR THE CITY OF WEST MEMPHIS, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Effective January 1, 1985 the compensation for Aldermen for theCity of West Memphis, Arkansas shall be six thousand dollars ($6,000) annually, with no car allowance. SECTION 2. All Ordinances and Resolutions or Parts of Ordinances and Resolutions in conflict herewith are hereby repealed. SECTION 3. Emergency Clause. It having been determined by the City Council of the City of West Memphis that due to the cost price index that an increase in salary is urgent, therefore, an emergency is declared and this ordinance being necessary for the preservation of peace, safety, and health of the citizens of West Memphis, Arkansas Shall be effective nn itc naccane anri annrnval PASSED AND P 1985. ATTEST: GtY ~t.ERK'6 t>~rR~ ~c s>< 1984 ~~ ~ ....-era,,,,. ~ ~..-~~/"n' -13- ORDINANCE NO,'~q AN pRDINANCE TO ESTABLISH COMPENSATION FQR THE. MAYOR OF THE CI'TY' OF WEST MEMPHIS ARKANSAS, BE JT ORDAINED BY THE CIT1(~ COUNCIL QF THE CITY QF WEST MEMPH_I,$~ ARKANSAS: SECTTON 1. Effective aanuary 1, 1985, the salary of the Mayor of the City of West Memphis, Arkansas, shall be twenty five thousand two hundred dollars (,$25,200) annually, with no car allowances SECTION 2. All Ordinances and Resolutions or Parts Ri' pndinance~ and Resolutions in conflict herewith are hereby repealedt SECTION 3, Emergency Clause. I~t having been determined 6y~ the City Council of the City of West Memphis that due to the cost price index that an increase in salary is urgent, therefore? an emergency is declared and this ordinance being necessary for the preservation of peace, safety, and health of the citizens of West Memphis, Arkan~~as-shall be effective on its passage and approval. PASSED AND APPROVED this ~i~~Q day of'd` , ~ 1985, .~ ; i ~ . ~ ~ + ~ 'ATTEST; ; t ,r ~~ ~, .~„~ ~~ `<<l~flillltl~~tt~ , ,~ ~/, N6 ClTY p1,rERK'g D GEG ~~ ~' '~ SPONSORED B~; e ~.-r'`~ ~~---'" ~~~ l ayor L C i man ``~ -14- Mayor Chitman stated the next item on the agenda was the recommendation from the Utility Commission in proposed hiring of an engineer. Mayor Chitman stated the City Attorney had made contact with the Department of Justice and the deadline was January 11th to hire a Engineer and January 26th to have the decision on the plans and the plant to be built. Mayor Chitman requested Mr. Hershel Owen, Utility Commission Chairman to make the recommendation from the Utility Commission. Mr. Herschel Owen, Chairman of the Utility Commission, stated the Utility Commission held firm in their selection of John Coleman Hayes & Associates to build a mechanical oxidation ditch. The Utility Commission stated in the best interest of the city, they felt this firm was the best and the mechanical oxidation ditch plant would be the best. The feelings were very strong and he doubted if they would change their position. Lengthy discussion concerning this issue. At this time City Attorney Smith entered the meeting and Deputy City Attorney McCaa left the meeting. Discussion continued. Alderman Shelton made the motion, seconded by Alderman Dalton, the City Council accept the recommendation of the Utility Commission to hire John Coleman Hayes as project Engineers to build the Waste Water Treatment Plant. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Dalton, Guin, Shelton. N0: Aldermen: Burnett, Cooper, Horton, Jackson, Morris, Sumpter. The motion failed. Alderman Dalton requested a five minute recess, seconded by Alderman Guin, to see if the problem could be resolved. Meeting recessed at 3:58 p.m. Meeting called back to order at 4:10 p.m. Alderman Dalton stated he had no additional information on hiring the engineer for the Waste Water Treatment Plant. Mayor Chitman stated that since City Attorney Smith was present they would take up the Resolution on Three Rivers Plywood Company that had been postponed earlier in the meeting. City Attorney Smith stated he recommends they pass the Resolution. The "Collateral" is different property from the landlord liens and the property lease. Discussion. Alderman Horton made the motion, seconded by Alderman Guin, to adopt the Resolution authorizing the Mayor to sign the Landlord Waiver Agreement for Three Rivers Plywood Company. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter. N0: Aldermen: None. The Resolution passed and was assigned Resolution. No. 992, which reads as follows: ,~ -15- ~f f RESOLUTION N0. ~ ~/ WHEREAS, Three Rivers Plywood Company, Inc,, leases certain business premises located at 601 East Barton, West Memphis, Arkansas, 72301, from the City of West Memphis, Arkansas, A Municipal Corporation; and, ~,, WHEREAS, Three Rivers Plywood Company, Inc., has entered into a certain financial arrangement with the Chase Commercial Corporation; and, WHEREAS, the Chase Commercial Corporation has a security interest in certain personal property belonging to Three Rivers Plywood Company, Inc., and, WHEREAS, it is necessary for the Chase Commercial Corporation to have the City of West Memphis, Arkansas, to release certain "Collateral", statutory, contractual or possessory liens, to allow Three Rivers Plywood, Inc., to complete certain financing agreements with Chase Commercial Corporation; ~; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the City of West Memphis will not assert against any of the "Collateral'', statutory, contractual or possessory liens against the Chase Commercial Corporation; That a copy of Bond Counsel Opinion to such an arrangement is attached hereto, marked, "Exhibit 1"• That the City Council does hereby authorize the Mayor to sign on and in behalf of the City of West~feinp is, Arkansas, the Landlord's Waiver and Agreement, ADOPTED this ATTEST: TY CLERK`" SPONSORED BY: 9 8,~ ti, v ~~ _~qp nCn~ s C;Y~ ~. ~.~ ~~ -16- PERMISSION RE(~UEST: Mayor Chitman requested permission to advertise for bids for two garbage trucks and one trash truck. Discussion. Alderman Horton made the motion, seconded by Alderman Cooper, to grant the Mayor permission to advertise for two garbage trucks and two trash trucks. Upon roll call vote; the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter. N0: Aldermen: None. The motion passed. Alderman Burnett requested that the bids be written for competitive competition. Requested a meeting to discuss the bid specifications. Mayor Chitman requested permission to advertise for bids to repair the truck that burned. Discussion. Alderman Horton made the motion, seconded by Alderman Burnett, to grant the Mayor permission to advertise for bids to repair the front end loader truck that burned. Upon roll call vote, the voting was as follows: AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter. N0: Aldermen: None. The motion passed. At this time Alderman Guin requested the Resolution the Mayor had sponsored requesting the City Council re- commendation to the Utility Commission to hire Bond Engineering be placed on the agenda. Alderman Dalton seconded the motion. Upon voice vote, the voting was unanimous. City Attorney Smith read a Resolution recommending to the Utility Commission that Bond Engineering be hired as project Engineers for the Waste Water Treatment plant. Discussion. The City Council wanted to amend the Resolution before it was presented. Discussion on amendments. Alderman Dalton requested these conditions be added to the Resolution. Affter Bond Engineering, West Memphis, Arkansas, add, to design and build a Mechanical Oxidation Waste Water Treatment Plant, with the following conditions: 1) The lawsuit against the West Memphis Utility Commission be dismissed. Bond Engineering pay all legal fees and expenses, and the lawsuit will not be brought up again. 2) Fees will be equivalent to or less than John Coleman Hayes & Associates, Inc. Alderman Guin made the motion, seconded by Alderman Horton, to accept the Resolution with the amended recommendations. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, f°1orris, Sumpter. NO: Aldermen: Brasfield, Shelton. The motion passed. -17- City Attorney Smith read a Resolution with recommendations to the Utility Commission. Alderman Guin made the motion, seconded by Alderman Horton, to adopt the Resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Sumpter. N0: Aldermen: Brasfield, Shelton. The Resolution passed and was assigned Resolution No. 993, which reads as follows: RESOLUTION N0. 993 L~JHEREAS, on the 6th day of December, 1984, and again on the 20th day of December, 1984, a resolution to approve the selection of John Coleman liayes & Associates, Inc., Nashville, Tennessee for the Project Engineers for the L-taste Water Treat- ment Plant did not receive approval of the West f'lemphis City Council; and, WHEREAS, the City of l~Jest Memphis is approaching a January 11, 1985, deadline to formally respond to government interrogatories and request for production of documents; and, WHEREAS, the City of West Memphis is approaching a January 21, 1985, deadline to hire an engineer, select a treatment system, and submit a compliance schedule; and, WHEREAS, Bond Engineering, a local firm is capable of building a Waste IrJater Treatment Plant; and, WHEREAS, the fee of Bond Engineering is in line with existing charges for similiar work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST f~1EP1PHIS, ARKANSAS: That the l~Jest Memphis City Council recommend to the West Plemphis Utility Commission, Bond Engineering of West Memphis, Arkansas, to design and build a Mechanical Oxidation Waste Water Treatment Plant, with the following conditions: -18- 1) The lawsuit against the Jest h1emphis Utility Commission be dismissed. Bond Engineering pay all legal fees and expenses, and the lawsuit will not be brought up again. 2) Fees will be equivalent to or less than John Coleman Hayes & Associates, Inc. ADOPTED the 1985. ATTEST: Rt'w'= Z tqR~ R~, . ~, \ 1 S ~ ~,,,-~ At this time, being no business to come before the City Council, Alderman Guin made the motion, seconded by Alderman Horton, to recess until 4:40 p.m, Thursday, January 10, 1985. Upon voice vote of the Council, the voting was unanimous. The meeting recessed at 4:57 p.m. PASSED and APPROVED this ~ ~ ~.~,, day, of , 1985. Mayor ATTEST: Dan Craft - City clerk