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September 19, 1985 -238- MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 19 , 1985 The regular meeting of the West Memphis City Council was held on Thursday , September 19 , 1985 at 1 : 30 p .m . in the West Memphis City Hall , 205 S . Redding , in the Council Chambers with Vice-Mayor Roberta Jackson presiding . The following persons were present : tirw Vice-Mayor Roberta Jackson City Attorney Robert Smith City Clerk Dan Craft Aldermen : Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton The Meeting was called to order at 1 : 30 p .m. . Prayer was offered by Reverend James Cooper . The first item on the agenda was bid openings . The bids for the West Memphis Utility Department was opened by David Goacher and read by City Attorney Robert Smith . PIPE Bowles & Edens Company $18 , 106 . 19 North Little Rock, AR Meter Service & Supply Company $18 , 547 . 00 Memphis , Tennessee G&C Waterworks , Inc . $20 , 509 . 08 Atwood , Tennessee Municipal Pipe & Supply $18 , 070 . 00 Fort Smith , AR Arkansas Meter & Supply , Inc . $18 , 103 . 18 Cabot , AR Alderman Horton made a motion, seconded by Alderman Morris to accept the bids and refer them to the West Memphis Utility Commission for review and disposition . Upon voice vote of the Council , the voting was unanimous . The motion PASSED . POLEc 40-20 ' 25-25 ' 30-30 ' Koppers Co . , Inc . $23 . 37 $29 . 37 $38 . 07 Tie Plant , Mississippi Crown Zellerbach $23 . 40 $32 . 03 $40 . 37 Gulfport , Mississippi Escambia Treating Company $36 . 90 $42 . 80 $48 . 70 Pensacola , Florida Southern Wood Preserving $28 . 90 $34 . 40 $37 . 90 Hattiesburg , Mississippi Davis Timber Company , Inc . $21 . 80 $24 . 05 $32 . 35 Hattiesburg , Mississippi Diversified Electric $26 . 90 $34 . 00 $42 . 00 North Little Rock, AR -239- Alderman Horton made a motion, seconded by Alderman Morris to accept the bids and refer them to the West Memphis Utility Commission for review and disposition . Upon voice vote of the Council , the voting was unanimous . The motion PASSED . 1-500 KVA 2 BUSHING CONVENTIONAL POLE MOUNT TRANSFORMER 14400- 277/480 VOLTS National Electric Supply Co . , Inc . $4 , 133 . 00 West Memphis , AR VESCO $4 , 115 . 00 Memphis , Tennessee Arkansas Electric Coop . , Inc . $3 , 833 . 00 Little Rock , AR Stuart C . Irby Co . $3 , 898 . 00 Little Rock, AR Vincent Sales Agency , Inc . $4 , 305 . 00 Memphis , Tennessee Diversified Electric $3 , 879 . 20 North Little Rock, AR Alderman Horton made a motion, seconded by Alderman Morris to accept the bids and refer them to the West Memphis Utility Commission for review and disposition . Upon voice vot of the Council , the voting was unanimous . The motion PASSED . Next , Demolition Bids for the Community Development Agency were opened by T . Gardner and read by City Attorny Smith . DEMOLITION PROJECT #6 A&B Construction Company 321 South 9th Street $658 . 00 Alderman Cooper made a motion to not accept the bid . Discussion . Motion died from lack of a second . Alderman Shelton made a motion, seconded by Alderman Burnett to accept the bid and refer to Community Development for review and disposition . Upon_roll _call vote of the Council , the voting was as follows : AYES : Aldermen : Morris , Shelton, Sumpter , Brasfield , Burnett , Dalton, Guin, Horton , Jackson NAYS : Alderman : Cooper The motion PASSED . The next item of business was a presentation by Attorney Bill Bristow concerning the Wheeler case . Mr . Bristow requested the Council ' s authorization to begin tentative discussion with the attorney of the Plaintiff for a recommendation for a settlement and he then will bring back before the Council . He also recommended denial of any request from the Plaintiff ' s attorney to speak to the City Council . Discussion . Alderman Horton asked if Mr . Bristow could give a figure of his consulting costs . Mr . Bristow advised he charged $60 . 00 per hour . Alderman Guin made a motion, seconded by Alderman Morris authorizing our attorney ' s to enter into negotiations with Plaintiff ' s attorney for a settlement of the case and deny -240- Plaintiff ' s attorney permission to speak to the City Council . Upon roll call vote , the voting was as follows : AYES : Alderman : Morris , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin, Horton , Jackson NAYS : Aldermen : None . The motion PASSED . Vice-Mayor Jackson excused Mr . Bristow from the meeting . CITIZENS REQUEST : Ramona Taylor , Director for the Crittenden County Health Department gave the following figures from the last fiscal year to help with the Council ' s deliberations : CHILD HEALTH PROGRAM Participant increased from 2 , 500 to 4 , 100 MATERNITY SERVICE tl 1 , 400 to 2 , 900 TUBERCULOSIS It VI 170 to 282 VENEREAL DISEASE 600 to 807 Vice-Mayor Jackson stated the Council would take this infor- mation under advisement . Alderman Morris requested a ten (10) minute recess for a Lease Committee Meeting . The meeting recessed at 1 : 55 p .m . and was called back to order at 2 : 18 p .m . Alderman Morris stated the Lease Committee met and recommended the City lease the building at South Second Street to the Crittenden Health Department for $450 . 00 per month . Ramona Taylor stated the Health Department could not pay this amount due to no funds from the State or County . Alderman Morris stated in order to maintain the building , the City would need at least $450 . 00 a month . Discussion . Alderman Dalton recommended the Leasing Committee consider a maintenance and upkeep lease in lieu of rent . The next item of business was the correction or approval of the minutes for the September 5 , 1985 City Council Meeting . Alderman Shelton made a motion , seconded by Alderman Cooper to approve the minutes of the September 5 , 1985 City Council meeting as presented . Upon voice vote of the City Council , the voting was unanimous . The motion PASSED . At this time , Vice-Mayor Jackson asked that Joyce Houston come forward . Vice Myor Jackson read and presented Ms . Houston with a Resolution from the Mayor and City Council commending her for a job well done and also a plaque from the Mayor , City Council , Advertising and Promotion Commission , and the Auditorium Commission . Alderman Burnett made a motion , seconded ibe byAlderman Morris to adopt the Resolution to Ms . Houston . Upon voice vote , the voting was unanimous . The motion PASSED . The Resolution was assigned number 1026 which reads as follows : 4 -241- RESOLUTION N0, l/ WHEREAS , MRS . JOYCE HOUSTON has been employed by the City of West Memphis , Arkansas , for the past eight (8) years ; and, WHEREAS , MRS . JOYCE HOUSTON during that time has acted in a dual capacity as Secretary for the West Memphis Civic Auditorium and as Secretary to the West Memphis City Council in taking the Minutes of the City Council Meetings; and, WHEREAS , during the time MRS . HOUSTON has worked for the City of West Memphis , Arkansas , she has performed her duties in a meritorious manner and has been extremely patient and understanding in determining just what the Members of the City Council said during their many discussions; and, WHEREAS , MRS . HOUSTON has decided to leave City Government for the duties of Housewife. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS , that the services of MRS . JOYCE HOUSTON while an Employee of the City of West Memphis , Arkansas , were performed in an excellent manner , and, it is with deep regret that the City of West Memphis accepts her resignation; and, IT IS THEREFORE, FURTHER RESOLVED , that the City Council of the City of West Memphis , Arkansas , wishes her every happiness in her new role of Housewife. IT IS FURTHER RESOLVED that a copy of this Resolution be given to MRS . JOYCE HOUSTON . ADOPTED this /9 day of /19 , 1985 . Cis ; ‘2)t. 2 .z,, �� ATTE ►'. 4)-1 SPONSORED BY: -242- City Attorney Smith read a Resolution concerning Crittenden Crime Stoppers . Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the Resolution concerning the Crittenden County Crime Stoppers with a copy to be sent to the Evening Times . Upon voice of the Council , the voting was unanimous . The Motion PASSED . The Resolution pass and was assigned #1027 which reads as follows :im ) RESOLUTION N0,7//o ` WHEREAS , the Crittenden County Crime Stoppers , Inc. , has recently been granted a charter for a non-profit corporation , by the State of Arkansas , and, have filed Articles of Incorporation , and have selected a Board of Directors , and has for its purpose to assist the West Memphis Police Department in solving crimes in the City of West Memphis , Arkansas , and is a viable organization; and, WHEREAS , the EVENING TIMES , a local newspaper has given this organization considerable publicity by writing tr, and promoting the purposes of this organization; and, WHEREAS , the City Council of the City of West Memphis , Arkansas , wishes to express appreciation for the cooperation and assistance rendered by the EVENING TIMES in publicizing this organization and making all of the Citizens aware of its purposes; and, WHEREAS , the City Council feels that recognition should be given the EVENING TIMES ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS , that the City Council wishes to commend the EVENING TIMES for its efforts in publicizing the Crittenden County Crime Stoppers , Inc . , and ti the wide publicity it has given this organization among the local Citizens of West Memphis , Arkansas , and, NOW, THEREFORE , BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Edi or of the EVENING TIMES. ADOPTED this 9 day oft-4/941 , 1985 . do7 / 4. aci 7t h ATTE: ►�: /It' �/ e ' SPONSORED BY: Se " ti `f3 . -243- OLD BUSINESS The first item under Old Business was the third and final reading of an ordinance to vacate and abandon the alley in Block One of the Eugene Woods Subdivision . City Attorney Smith read ordinance . Alderman Morris made a motion, seconded by Alderman Cooper to adopt the ordinance on its third reading . Upon roll call vote the voting was as follows : AYES : Aldermen : Morris , Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton . NAYS : Aldermen : None The motion PASSED and was assigned #1226 which reads as follows : ORDINANCE NO: WHEREAS, a Petition was duly filed with the City Council of the City of West Memphis , Arkansas , on the 25th day of June , 1985 , asking the City Council to vacate and abandon the alley shown on plats of Eugene Woods Subdivision to the City of West Memphis , Arkansas , of record in the Office of the Circuit Clerk and Recorder of Crittenden County, Arkansas , said alley sought to be vacated being specifically described as follows , to-wit : The Alley in Block 1 of the Eugene Woods Subdivision to the City of West Memphis , Arkansas on shown by Plat recorded in Plat Book 1, Page 94, of the records of Crittenden County, Arkansas WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice , heard all persons desiring to be heard on the question and has ascertained that the alley hereinabove described, has heretofore been dedicated to the public use as an alley herein described; has not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat ; that the owners of the majority of the property abutting upon the portion of the alley to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such portion of said alley. NOW, THEREFORE, be it ordained by the City Council of the City of West Memphis , Arkansas : —2 t /.j — SECTION 1 . The City of West Memphis , Arkansas , hereby releases , vacates and abandons all its rights , together with the rights of the public generally, in and to the portions of the alley designated as follows : The Alley in Block 1 of the Eugene Woods Subdivision to the City of West Memphis , Arkansas as shown by plat 1 recorded in Plat Book 1 , Page 94, of the records of Crittenden County, Arkansas . tAtt-" fCti� ' L `G ., c.¶., * . /n SECTION 2 . A copy of the ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of tivthe County and recorded in the Deed Records of the County. SECTION 3 . This ordinance shall take effect and be in force from and after its passage. ! P .T. PASSED: This / day of 3123.I, 1985 . CITY F7 WESTMEM HIS By: e'✓ t ‘L �1." Vi C e - /79 A/0,2 — ATTEST: / 400/ ,-- Dan ra t, Ci Clerk -245- City Attorney read an ordinance to rezone a 3 . 93 acre tract of land in Lot 40 of Bond ' s Survey of Irregular Lots in West Memphis , Arkansas for the third and final time . Alderman Guin made a motion, seconded by Alderman Burnett , to adopt the Ordinance on its third and final reading . Upon roll call vote , the voting was as follows : AYES : Aldermen : Morris , Shelton, Sumpter , Burnett , Dalton, Guin, Horton, Jackson NAYS : Alderman: Brasfield PASS : Alderman : Cooper4j/ Motion PASSED and was assigned #1227 which reads as follows : 3 ORDINANCE NO. / z AN ORDINANCE TO REZONE A 3 . 93 ACRE TRACT OF LAND IN LOT 40 OF BOND' S SURVEY OF IRREGULAR LOTS IN WEST MEMPHIS, ARKANSAS 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 Commission and 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 3 .93 acre lot lying in a fractional part of Lot 40 of Bond' s Survey of Irregular Lots of the City of West Memphis, Arkansas, as shown by plat recorded in Plat Book 1 at page 107 in the office of the Recorder of Crittenden County , Arkansas, being more particularly described as follows : Beginning at a point on the south line of Lot 40 that is 30.0 feet east of the SW corner of said Lot 40, point also being on the east right of way line of Avalon Street , thence continue east along the south line of Lot 40 , a distance of 498 .0 feet to the SE corner of said Lot 40, thence north 07 degrees 15 minutes east along the east line of Lot 40 a distance of 330 .66 feet , thence north 89 degrees 41 minutes west a distance of 539. 74 feet to a point on the east right of way line of Avalon Street , thence south along a line parallel to and 30.0 feet east of the west line of Lot 40 a distance of 331 .0 feet to the point of beginning, containing 3 .93 acres, more or less. Dabbs School property at 1512 South Avalon. be and the same is hereby rezoned RM-3 Multiple Family Residence District . -246- SECTION II : That all ordinances or parts of ordinances in conflict herewith are )ereby repeal . ADOPTED this / 9 day of /.j' 1985 . Kedg44;:lc,a.d.-4-e7tel \ Vi e.e - MAYOR ATTEST: C TY C ' ° '� Art' 016ERf4`t OfF 'E • NEW BUSINESS The first item under New Business was an Ordinance to provide for private contracting for collection and disposal of garbage and trash repealing present garbage ordinance No . 180 and all amendments thereto , and submitting the Ordinance to the electors for approval or disapproval read by City Attorney Smith . Alderman Guin made a motion, seconded by Alderman Burnett , to approve the Ordinance on its first reading . Lengthy Discussion . Alderman Shelton asked City Attorney Smith who the governing body of the City was . City Attorney Smith answered the City Council . Alderman Shelton then read from the Arkansas Municipal League Handbook defining solid waste management systems . Alderman Shelton asked City Attorney Smith if in his opinion the City Council had the authority to enter into an agreement with a private contractor . City Attorney Smith advised he is waiting for an opinion from the Attorney General and he will research and advise at the next City Council meeting . Discussion . Alderman Morris made a motion, seconded by Alderman Brasfield, to end discussion . Upon roll call vote , the voting was as follows : AYES : Aldermen; Morris , Brasfield , Burnett , Cooper , Jackson Nays : Aldermen : Sumpter , Dalton, Guin, Horton . PASS : Aldermen : Shelton . The motion FAILS . Discussion continues . Alderman Guin withdrew his motion to approve the Ordinance on its first reading . Alderman Burnett withdrew his second . Alderman Guin made a motion, seconded by Alderman Burnett for the City Council to start negotiations with Private Collectors for garbage and trash under the direction of Alderman Shelton . Upon roll call vote the voting was as follows : -247- ; AYES : Aldermen : Morris , Shleton, Sumpter , Brasfield , Burnett , Dalton, Guin, Horton . NAYS : Aldermen : Cooper PASS : Alderman; Jackson The motion PASSED . Next item discussed was the distribution of funds to the Boys Clubs and Boy Scouts . Mr . Wyman Morgan, Financial Director stated the funds were dropped $12 , 000 . 00 this year . Alderman Guin recommended the funds be split 50/ 50 with the Boys Club due to a stronger need for funds than Boy Scouts . Discussion concerning quarterly reports . Discussion . Mr . Holbrook, Chairman of Boys Club reported the building is in bad condition and they would like a 5 year lease before putting any money into the building . Discussion . Alderman Guin made a motion, seconded by Alderman Cooper , that the funds from Southland Greyhound Park be split 50/ 50 provided the quarterly reports had been turned in . Upon roll call vote the voting was as follows : AYES : Aldermen : Morris , Shelton, Brasfield , Burnett , Cooper , Guin, Jackson NAYS : Aldermen: Sumpter , Dalton, Horton . The motion PASSED . Alderman Guin made a motion, seconded by Alderman Cooper , that a copy of the Resolution of the guidelines be sent to the Chairman of the Board of each Organization and if these guidelines are not followed, they will not receive the funds for that year . After voice vote , the voting was unanimous . The motion PASSED . Next , City Clerk Dan Craft reported that AT&T Company has not paid a Privilege License fee and asked that the Council set up one . Discussion . It was recommended the City Attorney draw up an Ordinance and leave the amount blank until a decision can be made . PERMISSION REQUEST Next item was a permission request from Wyman Morgan, Financial Director to destroy records for the Utility Department . Alderman Shelton made a motion, seconded by Alderman Guin that permission be granted for the records to be destroyed with Alderman Brasfield and Alderman Horton to oversee the destruction . Upon voice vote , the voting was unanimous . The motion PASSED . The records to be destroyed are attached . COMMITTEE/COMMISSION REPORTS Alderman Morris stated the Budget Committee had approved the following budget changes ; CITY CLERK"S OFFICE Main . -Machines & Equipment AC#113-504-00 Increase $ 75 . 00 Office Equipment AC#113-903-00 IV $300 . 00 Privilege License AC#100-313-00 $375 . 00 Alderman Morris made a motion, seconded by Alderman Brasfield to approve the budget change in the City Clerk ' s Office . Upon voice vote of the council , the voting was unanimous . Motion PASSED . romrr -248- FIRE DEPARTMENT Worker ' s Comp . Insurance AC#142-408-10 Increase $3 , 275 . 00 AC#100-313-00 $2 , 000 . 00 Privilege License �� 50 . 00 Examination Fees AC#100-314-40 $ Interest Income AC#100-361-00 0 $1 , 225 . 00 Alderman Morris made a motion, seconded by Alderman Horton to approve the budget change in the Fire Department . Upon roll call vote the voting was as follows : AYES : Aldermen : Morris , Shelton, Sumpter , Brasfield , Burnett , LCooper , Dalton, Guin, Horton, Jackson NAYS : Aldermen : None Next Alderman Brasfield made a motion, seconded by Alderman Cooper to give permission the Fire Department to switch radio frequencies with the Shelby County Fire Department with TVA paying all costs . Upon voice vote , the voting was unanimous . The motion PASSED . ANNOUNCEMENTS Three Rivers Plywood payment in lieu of taxes was discussed . City Attorney Smith stated money is forthcoming . Alderman Guin reported on the Mosquito Control and commended them on a job well done . Alderman Burnett reported that there is a pipe stopped up with a big tree in the ditch on S . Avalon . He stated someone needs to crawl into the pipe and remove the tree before a big rain . Vice-Mayor Jackson to contact someone about removing the L tree . Alderman Cooper stated it had been reported to him that the road to the Waste Disposal Plant was in great need of grading . Street Department to contact Jerome Alford , with Bond Consulting Engineers to see what all needs to be done to eleviate the problem. Being no further business to come before the City Council at this time , AldermanShelton made a motion, seconded by Alderman Dalton, to adjourn . Upon voice vote , the voting was unanimous . The motion PASSED . The meeting adjourned at 3 : 47 p .m. PASSED and APPROVED this —__3 ---day , of QC1 , 1985 . _ ,1 / 1Gt 1,146h.e7u Roberti Jackson Vice- ayor ATTEST : DAL t Or City Clerk RECORDS DISPOSAL FORM .Approval is hereby requested for the destruction of the following records . It is understood that the items listed describes completely documents that have served their usefulness to the City of West Memphis and that said des- truction is in compliance with applicable state statutes . Document • Document Date of Type and Date Title Number (s) Document of Destruction $;yroll, Journal and Check Register Master File -- 1975 Incineration Utility Payment Registers -- 1976 " Payroll Master File -- 1976 " Utility Check Copies 1 - 83 2/76 to 10/78 " " 1381-3000 3/75 to 3/76 " " 1 - 423 3/76 to 6/79 " " 24 - 168 1/76 to 9/79 " " 1 - 2058 2/76 to 9/78 " " 360 - 750 3/75 to 2/76 " " 1 - 216 6/76 to 8/76 " " 1 - 1304 6/76 to 6/77 " " 1305 - 3181 7/77 to 9/78 " " 217 - 994 8/76 to 12/76 " Utility Blank Checks 84 - 500 -- " Library Blank Checks 638 — 1100 -- " Utility Billing Register -- June & Aug. '76 " Utility Deposit Slips -- 3/72 to 2/77 " Utility Payment Stubs -- 4/78 to 6/78 " " -- 1/79 to 2/79 " 1 p, . ... w Requested by: Date September 5, 1985 q Wyman D_ Morgan, Finance Director Approved by : J C.2.1 ,Z .1 la ,/,� Date Y-9_6- s (, a<p . . / Destruction Witness : ,,�/ A•, , .0 .- / / Date J�. 1. �v i- 's' der .n)