August 1, 1985 -199-
MINUTES
WEST MEMPHIS CITY COUNCIL
August 1, 1985
The regular meeting of the West Memphis City Council was held on
Thursday, August 1, 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.
Ibr Prayer was offered by Reverend McDonald, New St. Paul MB Church.
The first item on the agenda was bid openings. The following bids
for the Utility Department was opened by David Coacher and read by
City Attorney Smith.
UTILITY DEPARTMENT: 2500 Ft. of #2-7 Strand URD Cable
Sturart Irby
Little Rock, AR No Bid
Arkansas Electric Coop Inc.
Little Rock, AR 15,000 Ft. Min. 1/0 Al.
$946.08 mft.
Diversified Electric $1,290.00 mft. w/tax $3,354.00
N. Little Rock, AR
Power & Telephone Supply No Bid
Jackson, TN
Alderman Cooper 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:
tior AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
At this time Mayor Chitman requested City Clerk Dan Craft to
Call the Roll. The following persons were present.
Mayor Leo Chitman
City Attorney Robert Smith
City Clerk Dan Craft
ALDERMEN:
Curtis Dalton
Clarence Guin
Pritchard Horton
Roberta Jackson
Doug Morris
Larry Shelton
Joe Brasfield
William Burnett
James Cooper
Roger Sumpter
Mayor Leo Chitman declared a quorum present and called the meeting
to order at 1: 40 p.m.
liw CITIZENS REQUEST:
A representative of William L. Johnson Company, 1719 East Broadway,
stated that the company had contacted all the businesses in that area
and they had agreed due to the dumping of garbage and trash and vandalism
of the property they were going to close the gate going up on the levee.
Lengthy discussion on who owned the road and that it had been used as a
public road for over seven years and the gate could not be shut. City
Attorney Smith stated it was a public road and they did not have the right
to close the road. Alderman Dalton made a motion, seconded by Alderman
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Sumpter, The City of West Memphis does not recommend the property owners
do not close and lock the gate at this time, and the City Code
Enforcement Officer shall enforce the Ordinance pertaining to dumping,
shooting, etc. on private property. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Mr. Jerald Weisburd, 1003 Rich Road, stated he was very pleased
with the collection of his garbage and trash and requested the City
not to change to private collection. Discussion, several of the
Aldermen requested the people in their Wards to call them and give
their opinion on private or city pick-up. Alderman Larry Shelton
stated that the bids for private collection were to be advertised
and the bids would be opened at the next City Council meeting.
Discussion on surveys, ward meetings or Public Hearing.
Mr. N. L. McDougald, 123 Pearce, stated he had perfect garbage
and trash pick-up and did not want to see the City change to private
collection.
Reverend McDonald, requested they have a Public Hearing or Ward
meeting so the citizens could have some input, also if they went to
private collections a lot of people would be out of work.
The next item on the agenda was the approving or correction of
the Minutes for the July 18, 1985 City Council Meeting. Alderperson
Jackson made a motion, seconded by Alderman Morris, to approve the
Minutes as presented. Upon voice vote of the Council, the voting
was unanimous. The motion Passed.
Mayor Chitman requested the City Council move up on the agenda
the approval for the Mayor to sign the contract with Brawley
Consulting Engineers. City Council agreed. Mayor Chitman stated there
were some changes in the contract with Brawley Consulting Engineers, which
are as follows:
1. Page 7, Paragraph 7.1.2. Recommend that the amount of insurance
be increased to $500,000, $1,000,000 and $500,000 respectfully.
2. Page 10, Paragrpah 7.4. Deleted in its entirety because it is
highly possible that any amount for negligence will be more than $50,000,
should the city be sued on any type of damage or injury due to the fault
of construction of plans or design of the Engineer.
Discussion on the changes. Alderman Cooper made a motion, seconded by
Alderperson Jackson, to approve the signing of the amended contract by
Mayor Leo Chitman. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Alderman Burnett made a motion, seconded by Alderman Dalton, to
have a ten (10) minute recess. Upon voice vote, the voting was unanimous.
The meeting recessed at 2:40 p.m. , Mayor Chitman called the meeting back
to order at 2:53 p.m.
Now
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Mayor Chitman requested the City Council hear a staff request
so Mr. Johnson, Utility Manager could go back to work. The City
Council agreed. Mr. Johnson requested the City Council to approve
paying a statement from Bond Engineering in the amount of $27,000.00
for the completion of Phase I Deisgn Work on the Sewer Treatment Plant.
Also approve the selling of two trucks, one a 1973 pick-up truck and
one a 1972 pick-up truck, he had quotes of $300.00 on one and $200.00
on the other one. Discussion. Alderman Guin made a motion, seconded
by Alderman Burnett, to approve the payment of $27,000.00 to Bond
Engineering. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Alderman Guin made a motion, seconded by Alderman Morris, to
accept the quotes on the two pick-up trucks and grant permission to
sell the trucks. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Mr. Johnson stated that an acceptable contract for peaking power
would be presented at the Agusut 15th City Council meeting.
The first item under old business was the third 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 for the third and final time.
Alderman Dalton made a motion, seconded by Alderman Burnett, to
table the Ordinance until the next City Council meeting. Discussion
on the Ordinance complying with state law, the Council requested the
City Attorney to amend the Ordinance to be in compliance. Upon roll
call vote to table the Ordinance, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Cooper.
NAY: Aldermen: None.
The motion Passed, the Ordinance was Tabled until the next City Council
meeting. Alderman Burnett was not present for this vote.
City Attorney read an Ordinance providing standard for the
construction of streets and appurtenances thereto in subdivision,
and other purposes as amended, for the third and final time.
Alderman Shelton made amotion, seconded by Alderman Sumpter to
approve the Ordinance on its third and final reading. Discussion.
Alderman Shelton made a motion, seconded by Alderman Sumpter, to
amend the Ordinance as follows:
Section 1. Sub-section a. line 2. delete the words or tooled.
Section 2. Sub-section b. Change the last line to read:
All testing shall be done by an independent Civil
Engineering testing firm, hired by the City of
West Memphis, and cost shall be paid by the
developer, provided the independent firm hired
does no regular or causual work for the City of
WNW
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West Memphis.
Discussion. At the request of Alderman Horton, Mr. Manning spoke on
the Ordinance stating the Ordinance they already had was sufficient
and they were putting a hardship on the developer and raising the cost
of the lots. Lengthy discussion.
imi
Upon roll call vote to amend the Ordinance, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Cooper.
NAY: Aldermen: None.
The motion Passed. Alderman Burnett was not present for the vote.
Upon roll call vote to adopt the amended Ordinance, the voting was as
follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The Ordinance Passed and was assigned Ordinance No. 1222, which reads
as follows: ( On page )
First item under new business was the reading of an Ordinance
establishing a procedure for purchasing, sale, or exchange, of property
in compliance with Act No. 745 of 1985 and Act No. 28 of 1959 (Arkansas
Statutes 19-4421 through 19-4430) ; repealing Ordinance No. 1136, Section
2.06.100 of the West Memphis Municipal Code and Chapter 3.08 of the
West Memphis Municipal Code. Read for the first time by City Attorney Smith.
Alderman Dalton made amotion, seconded by Alderman Morris, to approve
the Ordinance on its first reading. Discussion. Upon roll call vote, 4111
the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The Ordinance PASSED on its First -Reading.
Mayor Chitman requested the City Council to approve the renewal
contract with Northern Telecom. Alderperson Jackson made a motion,
seconded by Alderman Cooper, to renew the contract with Northern
Telecom. Discussion. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
PERMISSION REQUEST:
Mayor Chitman requested the City Councils permission to distribute
the Girl Scouts funds from Greyhound Race Track as they have complied
with all the regulations. Alderperson Jackson made a motion, seconded
by Alderman Cooper, to distribute the Girl Scouts funds. Upon roll call
vote, the voting was as follows:
AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
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ORDINANCE NO . 1222
AN ORDINANCE PROVIDING STANDARDS FOR THE CONSTRUCTION
OF STREETS AND APPURTENANCES THERETO IN SUBDIVISIONS
AS AMENDED , AND FOR OTHER PURPOSES .
WHEREAS , the City Council of the City of West Memphis ,
Arkansas , has determined that the present practice in the
City of West Memphis , Arkansas , pertaining to the construction
of streets in areas being subdivided is not sufficient for the
present day needs of the community; and,
WHEREAS , the City Council has determined that there is
a need for additional standards for the construction of
streets , and appurtenances thereto in areas being subdivided;
NOW, THEREFORE , BE IT ORDAINED by the City Council of
the City of West Memphis , Arkansas , that the following require-
ments shall be established in addition to existing requirements
not in conflict therewith:
Section 1 . Specifications for street paving material
and construction methods shall conform to the current standard
specifications for highway construction as adopted by the
Arkansas State Highway and Transportation Department with the
specific requirements that :
a. All transverse contraction joints in concrete
pavement shall be sawed as per the applicable require-
ments in said Standard Specifications .
b. All testing procedures for materials and
construction as outlined in said specifications shall
be made under the direction of a professional engineer
or independent testing firm employed by the Subdivider.
Section 2 . Approvals and acceptance by the City shall
be contingent upon the following additional requirements :
a. Engineering and Acceptance : Any street
constructed within the City shall be designed by a
qualified professional engineer duly registered to
practice engineering in the State of Arkansas . Plans
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and specifications for such street construction shall
be submitted to the City for approval prior to
construction.
b. Upon completion of construction of any street
improvements , two (2) sets of as-built plans signed and
sealed by the engineer supervising construction shall
be prepared and submitted to the City together with a
signed statement by said supervising engineer that the
work was performed under his inspection and to the best
of his knowledge does conform to all respects to the
City' s requirements . All test reports and certifications
signed by the supervising engineer shall be submitted
to the City before final acceptance. All testing shall
be done by an independent Civil Engineering Testing
Firm, hired by the City of West Memphis and cost shall
be paid by the developer, provided the independent firm
hired does no regular or casual work for the City of
West Memphis , Arkansas .
c. Upon completion of any city street project ,
the prime contractor shall file with the City on a form
acceptable to the City Attorney , a maintenance bond or
acceptable contract , guaranteeing the correction or
replacement of any or all construction that is found
faulty or inadequate in any respect during the twelve
(12) months period immediately following completion of
construction and submission of as-built plans . No
street will be accepted until such bond and as-built
plans have been submitted and a letter of acceptance
issued by the City. /'l.
PASSED AND APPROVED this // day o C` /(.-'�
1985 . -�
F' •R
ATTEST:
CITY CLERK MEOWEDWYCLFRW0g4AW
SPONSORED BY:
Larry Shelton, Alderman q��r ,nQG
Roger Sumpter , Alderman
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Mayor Chitman gave a report on the Metro-Transportation Plan and
the construction work on Club Road and I-55. Discussed the drag line
working in Westwood Acres and the street signal lights.
COMMITTEE REPORTS:
Alderman Horton requested the $1,500.00 from the State Highway
Department that was received by the City be turned over to the City
Beautiful Committee. Discussion. Alderman Dalton made a motion,
seconded by Alderperson Jackson, the $1,500.00 for the removal of the
iir Blue Devil sign be turned over to the City Beautiful Committee.
Lengthy discussion. Alderman Dalton called for the question, upon voice
vote of the City Council, the voting was unanimous. Upon roll call
vote on the motion, the voting was as follows:
AYE: Aldermen: Dalton Guin, Horton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
City Attorney Smith stated he would have a report on the Wheeler
Case at the next City Council meeting on August 15th.
Alderperson Jackson stated the Police Commission would meet
on Monday, August 5th at 8:00 a.m. in the Chief of Police office.
Alderman Guin gave the Leasing Committee report, stating the
request from the Boys Club to purchase the building needed to go '
forward.
City Attorney Smith requested the Aldermen not to discuss any
Lir lawsuit that was in progress. Discussed the new labor laws.
Alderman Morris gave the Budget Commission report, stating the
Budget Commission had approved the following budget changes:
General Fund:
Privilege License #100-313-00 Increase $1,150.00
Examination Fees #100-314-00 Increase 250.00
Interest Income #100-361-00 Increase 1,250.00
Alderman Morris made a motion, seconded by Alderperson Jackson,
to approve the budget change in the General Fund budget. Upon roll
call vote, the voting was as follows:
AYE: Aldermen: Dalton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Alderman Guin and Alderman Horton had left the meeting at this time.
Fire Department:
Regular Salaries & Overtime 4142-401-00 Increase $8,225.00
Social Security - City #142-405-00 Increase 575.00
Automotive Equipment #142-904-00 Decrease 8,800.00
Reason: To hire two radio dispatchers.
Alderman Morris made a motion, seconded by Alderman Dalton, to approve
the budget change in the Fire Department Budget. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Dalton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
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Emergency Medical Services:
Education & Training #144-507-00 Increase $ 400.00
Drugs &Medicanes #144-525-00 Increase 2,000.00
Ambulance Service Fees #100-323-00 Increase 2,000.00
Utilities #144-505-00 Decrease 400.00
Alderman Morris made a motion, seconded by Alderman Burnett, to
approve the budget change in Emergency Medical Services. Upon roll call
vote, the voting was as follows:
AYE: Aldermen: Dalton, Jackson, Morris, Shelton,
Sumpter, Brasfield, Burnett, Cooper.
NAY: Aldermen: None.
The motion Passed.
Discussion on the Street Department budget changes for
retirement funds. Held until August 15th City Council meeting.
Alderman Brasfield requested City Attorney Smith to draw up a
Resolution to have the Fire Department Promotion Test made up by the
Academy in Camden. Will be on the agenda for the August 15th City
Council meeting.
Alderman Cooper gave the Small Claims Committee Report.
1) One claim from Bryant Taylor for tire and rim for accident on
McAuley Drive - amount $118.00 - Refused.
2) Three cars were sprayed with fluid when a line on a Sanitation
Truck burst. Two cars were cleaned at the shop and one was
taken to a private firm. Claim in the amount of $88.40 -
Refused.
3) Claim concerning a cover that was off of sewage drain on
private property at the Mini Storage on 7th and Bond.
Refused.
ANNOUNCEMENTS:
Mayor Chitman announced the State Womens Softball League would
hold their tournment in the City on the 9th, 10th and 11th.
Being no other business to come before the City Council at this
time, Alderman Shelton made a motion, seconded by Alderperson Jackson,
to adjourn. Upon voice vote of the Council, the voting was unanimous.
The meeting adjourned at 4:40 p.m.
PASSED and APPROVED this fes'( da - A,o„_
1985. ,/
101.§1,
i0410000,1111
:o Chitman
Mayor
ATTEST:
: 10,17
4cg //
City Clerk