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
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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
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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 .
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SPONSORED BY:
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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 .
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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-"
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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
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Vi C e - /79 A/0,2 —
ATTEST: / 400/ ,--
Dan ra t, Ci Clerk
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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 .
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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 :
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;
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
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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)