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
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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
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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.
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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.
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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.
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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.
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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.
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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