Loading...
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 -200- 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 -201- 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 -202- 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. -203- 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 -204- 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 -205- 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. -206- 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