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June 20, 1985 -163- MINUTES WEST MEMPHIS CITY COUNCIL JUNE 20, 1985 The regular meeting of the West Memphis City Council was held on Thursday, June 20, 1985 at 1:30 p.m. in West Memphis, Arkansas at City Hall, 205 South Redding in the Council Chambers with Mayor Leo Chitman presiding. The first item on the agenda was bid openings. The following bids for the Parks Department was opened by Joe Scarbrough and read by City Attorney Smith. ONE (1) PICK UP TRUCK - PARKS DEPARTMENT Tom Gibson Ford 1986 Model V-6 $8,767.50 West Memphis, AR 1986 Model V-8 $9,240.00 Alderman Dalton made the motion, seconded by Alderman Guin, to accept the bids and refer them to the Parks Commission for review and disposition. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. Bids for Community Developemnt were opened by Tee Gardner and read by City Attorney Smith. COMMUNITY DEVELOPEMNT - DEMOLITION - PROJECT #4 Mitchell Construction Co. 701 South 8th iir Leaving Slab $600.00 Remvoing Entire Structure $675.00 713 South 9th $550.00 634 South 11th $850.00 601 South 12th $400.00 511 South 17th $550.00 L&W Construction Company 701 South 8th Leaving Slab $600.00 Removing Entire Structure $800.00 713 South 9th $525.00 634 South 11th $525.00 601 South 12th $475.00 511 South 17th $495.00 The Construction Company 701 South 8th Leaving Slab $575.00 Removing Entire Structure $675.00 713 South 9th $750.00 634 South 11th $600.00 601 South 12th $630.00 511 South 17th $630.00 Howard Construction Company 701 South 8th imp Leaving Slab $500.00 Removing Entire Structure $900.00 713 South 9th $500.00 634 South 11th $500.00 601 South 12th $600.00 511 South 17th $500.00 A&B Construction Company 701 South 8th Leaving Slab $517.00 Removing Entire Structure $710.00 713 South 9th $493.00 634 South 11th $700.00 601 South 12th $424.00 511 South 17th $499.00 -164- Alderman Cooper made a motion, seconded by Alderman Dalton, to accept the bids and turn them over to Community Development, Mayor and City Attorney for review and disposition. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. The bids for the Utility Department were opened by David Goacher and read by City Attorney Smith. UTILITY DEPARTMENT - 44 250 WATT H.P.S. FIXTURES Ark. Electric Coop, Inc. ITT #25-6233 $134.20 ea. Little Rock, AR ITT #13-6233 $116.29 ea. ARM-91-4801 $ 14.42 ea. ARM-81-003 $16.79 ea. Diversified Electric N. Little Rock, AR 44 - 250 WATT $120.00 ea. 5% AR Preference TN Valley Electric 44- 250 WATT $165.00 ea. Memphis, TN Stuart Irby Company 44- 250 WATT $131.00 ea. Little Rock, AR 5% AR Preference T & D Supply 44 - 250 WATT $118.13 ea. Memphis, TN National Electric 44 - 250 WATT $124.59 ea. Memphis, TN Alderman Morris made a motion, seconded by Alderman Guin, to accept the bids and turn them over to the Utility Commission for review and disposition. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. (Alderman Shelton was out of the room at this time.) Prayer was offered by Reverend S. J. Parker. Mayor Chitman requested City Clerk Dan Craft to call the roll. The following presons were present: Mayor Leo Chitman City Attonery Robert Smith City Clerk Dan Craft Aldermen: James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield Absent: Alderman William Burnett. Mayor Chitman declared a Quorum was present and called the meeting to order at 1:52 p.m. PRESENTATIONS: City Attorney Robert Smith discussed the Judgement concerning the Cody case and requested the City Council to make a decision on whether to appeal the case. Discussion. Alderman Guin made a motion, seconded by Alderman Morris, a Voice Resolution to settle the suit without appeal according to the Judgement. Upon roll call vote, the voting was as -165- follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: Jackson. The Voice Resolution Passed and was assigned Resolution No. 1017. Mr. Bill Johnson, Utility Manager, requested the City Council approve the awarding of the contract to Allison Construction Company in the amount of $565,678.00. The amount is over $25,000.00 and IMP requires City Council approval. Alderman Dalton made a motion, seconded by Alderman Horton, to approve the awarding of the contract in the amount of $565,678.00. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. CITIZENS REQUEST: Mr. Kent Rubens representing Lawman Mobile Homes in West Memphis, stated there was a problem, with the zoning regulations on the lots for private mobile home parks. People that have 80' mobile homes cannot place them on the lots. Discussion. This was referred to the Planning Commission. The Planning Commission will meet on June 26th at 4:30 p.m. At this time Mayor Chitman read a Certificate of Appreciation to Mrs. Annie Mae Jones, for her dedication and contributions to Public imp Health for twenty-seven years in the City of West Memphis and Crittenden County. Mayor Chitman stated that the Public Health Service had denied the Municipal League Insurance Compensation and this would be turned back to the Insurance Committee. Mayor Chitman stated he had a letter from the Transportation Department concerning the interchange to redirect the water on the Club Road interchange, and this would be taken under advisement. Mayor Chitman also had a Letter of Agreement for the Fiscal Year of 1986 between the City of West Memphis and The Arkansas State Highway and Transportation Department which would be taken up later on in the meeting. The next item on the agenda was the approval or correction of the Minutes for the June 6, 1985 City Council meeting. As Mayor Chitman was not present at the last City Council meeting he questioned the fact that the road for the Petro Stopping Center would be build without curbs on the South Side. Mr. Dennis Sorrell, explained he had permission from Planning Commission, the Public Works Commission and the City Council. Discussion. Mr. Sorrell was requested to bring a letter from Petro Stopping Center stating they would be responsible for the maintenance of the ditch until the other side is developed. Alderman Guin made a motion, seconded by Alderman Horton, to approve the Minutes of the June 6, 1985 City Council meeting as presented. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter. NAY: Aldermen: Brasfield. PASS: Aldermen: Cooper. -166- The motion Passed. The first item on the agenda under Old Business was the second reading of an Ordinance vacating 18th Street laying West of Block 5 of Wheeler Subdivision; 20th Street lying East of Block 5 of Wheeler Subdivision in the City of West Memphis, Arkansas. Read by City Attorney Smith. Alderman Horton made a motion, seconded by Alderperson Jackson, to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The Ordinance PASSED on its second reading. Alderman Dalton was out of the room at this time. City Attorney read an Ordinance vacating 24th Street running between Block 2 and 3 of Wheeler Subdivision in the City of West Memphis, Arkansas, for the second time. Alderman Morris made a motion, seconded by Alderman Horton, to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The Ordinance Passed on its second reading. Alderman Dalton was out of the room at this time. City Attorney Smith read an Ordinance providing standards for the construction of streets and appurtenances thereto in subdivisions, and for other purposes for the second time. Alderman Shelton made a motion, seconded by Alderman Horton, to table the Ordinance until the July 18th meeting. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. The Ordinance was TABLED until the July 18th City Council meeting. At this time City Attorney Smith requested Mr. Steve Woods, attorney for Mrs. Vicki Jarman to discuss the settlement offered to the City Council. Discussion. Alderman Shelton made a motion, seconded by Alderman Horton, to settle the law suit Vicki Ann Jarman VS. City of West Memphis, ET AL for $7,675.00, $5,800.00 for Mrs. Jarman and $1,875.00 legal fees. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Morris, Shelton, Sumpter, Brasfield. twi NAY: Aldermen: Cooper, Jackson. The motion Passed. The first item under New Business was the first reading of an Ordinance creating and establishing the office of Code Enforcement Officer, defining his duties, and for other purposes. Read by City Attorney Smith. -167- Alderman Sumpter made a motion, seconded by Alderman Morris, to approve the Ordinance on its first reading. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The Ordinance Passed on its first reading. Alderman Guin requested a ten (10) minute recess. Meeting recessed at 2:35 p.m. Mayor Chitman called the meeting back to order at 2:47 p.m. Mayor Chitman called for emotion to approve the Three (3) Year it Community Development Plan. Alderperson Jackson made a motion. The motion died for lack of a second. Mayor Chitman called for a motion to skip the July 4th City Council meeting as this is a Holiday. Discussion. Alderman Dalton requested an opinion from the City Attorney. City Attorney Smith stated there is not anything in the law that requires the City Council to meet on a Holiday. Alderman Dalton made a motion, seconded by Alderman Guin, due to City Attorney's reply the City Council skip the July 4th City Council Meeting and the next meeting would be the regular meeting on July 18th. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Morris, Shelton, Sumpter, Brasfield. NAY: Aldermen: None. The motion Passed. Alderperson Jackson was out of the room at this time. The next item on the Agenda was the distribution of the Girls Clubs Fund. Discussion on the amount. Mr. Morgan, Finance Director stated the amount was $86,290.32 and disbributed last year: L. R. Jackson Girls Club - 46.6%; Rich Girls Club - 46.6%; Girl Scouts 6.8%. Alderman Morris made a motion, seconded by Alderman Cooper, to distribute the funds 46.6 percent to both the Girls Clubs and 6.8 percent to the Girl Scouts. Discussion. The Girl Scouts have not made a report. The Girl Scouts funds should •be held until they make a report. The Girls Clubs make a quarterly Report and End of Year report and the Girl Scouts should do the same. Also they discussed where the Girl Scouts money went, did it remain in City of West Memphis or did it go into the General Fund for the Girl Scouts. Discussed the legislation. Alderman Morris made a motion, seconded by Alderman Dalton, to amend the motion the Girl Scouts funds be held until the report is received and studied. Upon voice vote of the motion to amend, the voting was 8 "AYES" and 1 "NAY" by Alderman Guin. The motion Passed. Upon voice vote on the Amended motion, the voting was as follows: Eight "AYES" and 1 "NAY" by Alderman Guin. The motion Passed. Mayor Chitman called for a motion to approve the Letter of Agreement (West Memphis-Marion Area Transportation Study between the City of West Memphis and the Arkansas State Highway and Transportation Department.) Alderman Dalton made a motion, seconded by Alderman Cooper, to approve the Letter of Agreement. Upon voice vote, the voting was unanimous. The motion Passed. -168- PERMISSION REQUEST: Mayor Chitman called for a motion to approve the Preliminary and Final Plat for Folk Subdivision. Alderman Morris made a motion, seconded by Alderman Guin, to approve the Preliminary and Final Plat for Folk Subdivision. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. ejlNO: Aldermen: None. The motion Passed. Mayor Chitman called for a motion to approve the Preliminary and Final Plat for Goodwin Thomas Subdivision. Alderperson Jackson made a motion, seconded by Alderman Guin, to approve the Preliminary and Final Plat for Goodwin Thomas Subdivision. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. NO: Aldermen: None. The motion Passed. Mayor Chitman gave the Oath of Office to Mr. W. S. Guin as a member of the Utility Commission. Mr. Guin and Mayor Chitman signed the Oath of Office. Mr. Morgan, Finance Director, requested permission the amendment to the Insurance contract picking up the unfunded portion of retirement be signed. Alderman Guin made a motion, seconded by Alderman, to grant permission to them to sign the amendment. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. mit NAY: Aldermen: None. The motion passed. Mayor Chitman stated he had a meeting with the State Auditors and they made some suggestions: 1) Employees should be required to take annual vacation or lose it. 2) waiving bids - items must be bid according to law. Mayor Chitman stated there were other items and he would turn them over to the City Council. Mr. Morgan, stated he needed permission to pay Rubens and Rubens, lawyers for Mr. Johnson in the amount of $18,550.21. Alderman Dalton made a motion, seconded by Alderman Shelton, the statement be paid. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield. owl NAY: Aldermen: None. The motion Passed. Discussion on who paid the bills, what fund, Utility or General Fund. Mr. Morgan stated he had been paying it half out of Utility and half out of General Fund. -169- Mr. Morgan requested permission to pay G. Ross Smith, $12,876.64 for ligation concerning the lawsuit brought by Mayor Chitman. Discussion. Alderman Shelton made a motion, seconded by Alderman Guin, to pay the bill and it be paid out of Utility Funds also. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, k NAY: Aldermen: None. iir The motion Passed. COMMITTEE REPORTS: At this time there was a general discussion on trash and garbage pick-up. Mayor Chitman explained that three trucks were broken down and the rented truck also broke down. Alderman Cooper made a motion, seconded by Alderman Guin, for a five (5) minute recess. Vote: 8 "AYES" 1 "NAY". The motion Passed. The meeting recessed at 3:37 p.m. Meeting called back to order at 3:44 p.m. Alderman Guin did not return to the meeting after the recess. COMMITTEE REPORTS: Alderman Horton gave the Public Works Commission report. Discussed the street cleaning contract, would the city buy a new sweeper or contract the have the streets swept by an outside firm. Discussion. Alderman Horton stated at the last meeting the Council had directed Mr. Gray to bring back a price on the grader. The price is $12,000.00 with trade-in. Discussion. Alderman Horton made a motion, seconded by Alderman Dalton, lipto purchase the grader for the Street Department. Discussion on the grader. Mayor Chitman discussed the Committees and Commission working with him and informing him about what was on the agendas, and the decisions of the Commission and Committees before bringing it to the City Council. Lengthy discussion. Alderman Sumpter called for the question. Mayor Chitman did not honor his request. Discussion continued. Alderman Horton withdrew his motion, Alderman Dalton withdrew his second. Discussed streets overlay and patch work to be done. Discussed money. Alderman Horton requested the City Council to meet with the Public Works Commission, and each Alderman bring a list of the streets that need fixing in their wards. Alderperson Jackson gave the Police Commission report. Alderperson Jackson asked why the police were not taking the police cars home, and why the Mayor had not implemented the program. Mayor Chitman stated the Commission did not ask his permission or work with him before bringing it to Council. Discussion. Alderman Horton at this time resigned as Chairman for the Public Works Commission. Mayor Chitman accepted his resignation. Alderperson Jackson stated she was not resigning. Mayor Chitman stated the Chairmen are to bring all Committee decisions to him before brining it to the City Council. Alderperson Jackson discussed Community Development Three Year Block Grant Program not receiving a second. Alderman Shelton stated the Sanitation Meeting would be at 5:15 p.m. Monday, June 24th. Mr. Johnson, Utility Manager, stated the Utility Department had been looking for a private source to buy peak power for the summer. Requested a joint meeting between the City Council and Utility Commission on Monday, June 24th at 7:00 p.m. , at the Utility Building. Discussion. Mr. Shelton was excused from the meeting. -170- Being no other business to come before the Council at this time, Alderman Cooper made a motion, seconded by Alderman Horton, the City Council recess until 7:00 p.m. , June 24th, at the Utility Building. Upon voice vote, the voting was unanimous. Meeting recessed at 4:27 p.m. PASSED and APPROVED this t 4-k day, of c1 4„?s, , 1985. Lei• Chitman Mayor ATTEST: . r4 raft City Clerk