September 5, 1985 -229-
MINUTES
WEST MEMPHIS CITY COUNCIL
SEPTEMBER 5, 1985
The regular meeting of the West Memphis City Council was held on
Thursday, September 5, 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 meeting was called to order at 1:32 p.m.
Prayer was offered by Reverend McDonald, New St. Paul M B Church.
The first item on the agenda was bid openings. The bids for the
1985 Street Improvements Program was opened by Mr. Eddie Brawley and
read by City Attorney Smith.
1985 STREET IMPROVEMENTS PROGRAM:
APAC-TENNESSEE $230,738.25 B/B encl.
1311 Mud Island
Memphis, Tennessee
Hollingsworth Paving $261,142.40 B/B encl.
3275 Millbranch
Memphis, Tennessee
Lehman-Roberts $268,234.54 B/B encl.
1111 Wilson
Memphis, Tennessee
Alderman Guin made a motion, seconded by Alderman Morris, to accept
the bids and refer them to Mr. Eddie Brawley, Project Engineer for review
and a recommedation to the City Council. Upon roll call vote, the voting
liw was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: None.
The motion Passed.
Demolition Bids for the Community Developemnt Agency were opened by
T. Gardner and read by City Attorney Smith.
DEMOLITION PROJECT #6 - City of West Memphis
Johnny W. Motley 321 South 9th $500.00
109 South 16th N/B
333 South 17th $375.00
601 South 18th $500.00
A&B Construction Company 321 South 9th $624.00
109 South 16th N/B
333 South 17th $421.00
601 South 18th $699.00
Harpers Construction Company 321 South 9th $1,500.00
109 South 16th $1,800.00
333 South 17th $1,800.00
601 South 18th $1,500.00
Wallace Construction Company 321 South 9th $ 525.00
109 South 16th N/B
333 South 17th $ 450.00
601 South 18th $ 535.00
Alderman Horton made a motion, seconded by Alderman Guin, to accept the
bids and refer them to Community Developemnt for review and disposition.
Upon voice vote, the voting was as follows: 9 "Ayes" and 1 "NAY" (Alderman
Cooper voted "NAY". The motion Passed.
Discussion continues on the Community Development Bids. Alderman Cooper
stated the house at 109 South 16th was being lived in at this time and would
not be vacant until after the first of October. Discussion. The house on
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at 321 South 9th the people that own the house want to tear the house
down themselves. Discussion. Alderman Horton made a motion, seconded
by Alderman Morris, to expunge the record on accepting the bids on 109
South 16th. Discussion. Alderman Cooper made a motion, seconded by
Alderperson Jackson, to amend the motion to read, expunge the record
to accept the bids on 109 South 16th and 321 South 9th. Upon roll call
vote on the amendment. The voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton, Guin. ji
eji
NAY: Aldermen: None.
The motion Passed. The Original motion was amended.
Upon roll call vote, on the original amended motion, the voting was as
follows:
AYE: Aldermen: Jackson, Morris, Shelton, Sumpter, Brasfield,
Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: Horton.
The motion PASSED. Five Minute recess at 2:05 p.m. Meeting called to order.
Mayor Leo Chitman requested Mrs. Early to call the roll. The following
persons were present.
Mayor Leo Chitman
City Attorney Robert Smith
Aldermen:
Pritchard Horton
Roberta Jackson
Doug Morris
Larry Shelton
Roger Sumpter
Joe Brasfield
William Burnett
James Cooper
Curtis Dalton
Clarence Guin
Absent: City Clerk Dan Craft.
Mayor Leo Chitman declared a quorum was present.
The next item of business was a presentation by Mr. Billy Johnson,
Manager, West Memphis Utility Department. Mr. Johnson requested permission
to pay Allison Construction Company $247,149.00. The West Memphis Utility
Commission recommends the bill be paid. Discussion. Alderman Dalton made
a motion, seconded by Alderman Cooper, to pay the bill in the amount of
$247,149.00. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: None.
The motion Passed.
Mr. Johnson continued, stating the Utility Company had reached an
tjlagreement with AP&L for peaking power and requested that the City Council
approve the contract and the Mayor signing the contract. Discussion.
Alderman Shelton made a motion, seconded by Alderman Burnett, to accept
the contract and grant the Mayor permission to sign the contract.
Lengthy discussion. Mayor Chitman questioned some parts of the contract
and the fact it did not have a cancellation clause. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: None.
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The motion PASSED. Mayor Chitman stated he would take it under advisement,
and would notify the Council if he vetoed the motion. Mr. Johnson stated
that time was running out, the contract had to be signed and approved by
the FERC and in effect by October 1st. Mayor Chitman stated he was all for
reduced power rates and a savings, but he would take it under advisement.
CITIZENS REQUEST:
Mayor Chitman explained that Mr. William Johnson, West Memphis Machine
Shop that fixed a piece of sanitation equipment and it did not hold up, he
sent the equipment to another firm to fixed. Mr. Johnson was requesting
that his bill of $499.20 be paid. Mr. Johnson stated he fixed the equipment
in good faith and when he was told the repair did not hold up he requested
that the piece of equipment be brought back to him and he would fix it at
no charge. Discussion. Lengthy discussion on why the Mayor did not return
the equipment to Mr. Johnson to be fixed. Alderman Dalton made a motion,
seconded by Alderman Dalton, to pay the bill in the amount of $499.20.
Discussion continued. Alderman Morris made a motion, seconded by Alderman
Guin, to end debate. Upon roll call vote on ending debate, the voting
was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Cooper.
NAY: Aldermen: Shelton, Burnett, Dalton.
PASS: Aldermen: Guin.
The motion PASSED. Upon roll call vote on the original motion, the
voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
lbw Brasfield, Cooper, Dalton.
NAY: Aldermen: Burnett.
PASS: Alderman: Guin.
The motion PASSED.
Mrs. Ramona Taylor, Crittenden County Health Department requested
the City Council allow the Health Department to place a trailer on the
property at 1300 West Polk. The Arkansas State Health Department had
made the trailer available and they needed the space. Discussion.
Alderman Sumpter made a motion, seconded by Alderman Morris, to grant
permission to place the trailer on the property. Discussion on whether
this should go before the Planning Commission or Board of Adjustment.
This should go before the Planning Commission to rezone the area as it
is zoned incorrectly to start with, discussion continued. Alderman
Dalton made a motion, seconded by Alderman Shelton, to table this request
until it could be studied and worked out. Upon roll call vote, the voting
was as follows:
lbw AYE: Aldermen: Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Dalton, Guin.
NAY: Aldermen: Cooper.
The motion PASSED.
At this time Alderman Shelton requested permission to leave the
meeting. Mayor Chitman granted permission.
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Mr. Eddie Brawley, Engineer for the Street Improvement Project
returned to the meeting and recommended to the City Council that the
bid be award to APAC-TENNESSEE in the amount of $230,738.25. Alderman
Morris made a motion, seconded by Alderman Cooper, to award the bid
to APAC-TENNESSEE in the amount of $230,738.25. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
Cooper, Dalton, Guin.
NAY: Aldermen: None.
The motion PASSED.
Discussion on the money being over what was in the budget and finding
a way to do it all, if not Rice Street could be left off. Discussion
on finding the money to do all the work.
Mayor Chitman stated that he had paid the $5,500.00 matching funds
to the Arkansas State Highway Department for Avalon Street bridge repair.
This had already been approved and the payment was made so work could be
started.
The next item of business was the correction or approval of the
Minutes for the August 15, 1985 City Council meeting. Alderperson Jackson
made a motion, seconded by Alderman Cooper, to approve the Minutes of the
August 15, 1985 City Council meeting as presented. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield,
Burnett, Cooper, Guin.
NAY: Aldermen: None.
The motion PASSED. (Alderman Dalton was out of the room at this time. )
The first item under Old Business was the second reading of an
Ordinance to vacate and abandon the alley in Block One of the Eugene
Woods Subdivision. Read by City Attorney Smith.
Alderman Morris made a motion, seconded by Alderman Burnett, to approve
the Ordinance on its second reading. Discussion. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield,
Burnett, Cooper, Guin.
NAY: Aldermen: None.
The Ordinance PASSED: on its second reading.
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
second time.
Alderman Burnett made a motion, seconded by Alderman Guin, to approve the
Ordinance on its second reading. Discussion. Upon roll call vote, the
trivoting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield,
Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: None.
The Ordinance PASSED on its second reading.
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City Attorney read 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 Statues 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 third
and final time.
Alderman Cooper made a motion, seconded by Alderperson Jackson, to adopt
libir the Ordinance. Discussion. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Brasfield, Cooper, Guin.
NAY: Aldermen: Sumpter, Burnett, Dalton.
The Ordinance PASSED and was assigned Ordinance No. 1225, which reads
as follows:
L______
ORDINANCE NO . 1225
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 ORDIANCE NO. 1136, SECTION 2.06.100 OF THE WEST MEMPHIS
MUNICIPAL CODE AND C 2ITER 3.08 OF THE WEST MEMPHIS MUNICIPAL CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
Section 1. That Ordinance No. 1136 , Section 2 . 06 . 100 of the West
Memphis Municipal Code and Chapter 3 . 08 of the West Memphis
Municipal Code are hereby repealed.
Section 2. That the Mayor, or the Mayor' s duly authorized represent-
ative shall have exclusive power and responsibility of making purchases
'of all supplies, apparatus, equipment and materials for the City of
West Memphis, Arkansas, where the total expenditure therefor is below
the sum of one thousand ( $1, 000 . 00 ) dollars.
Section 3. That all purchases for the City of West Memphis, Arkansas,
of supplies, apparatus, equipment where the expenditure therefor is in
excess of one thousand ( $ 1 , 000. 00) dollars but less than five thousand
( $ 5, 000 . 00 ) dollars shall be made by the Mayor, or Mayor' s duly autho-
rized representative, after the securing of quotation bids thereof.
Provided, however, purchases of less than five thousand ( $ 5,000. 00 )
dollars at State bid prices shall be exempt from the provisions of this
Ordinance.
Section 4. That where the amount of .expenditure for any purchase or
contract exceeds the sum of five thousand ( $ 5 , 000. 00 ) dollars the
Mayor, or the Mayor' s duly authorized representative. shall invite
competive bids thereon by legal advertisement in any local newspaper.
LBids received pursuant to said advertisement shallbe opened and read
in a City Council meeting by the Mayor or the Mayor' s duly authorized
representative. The bids shall be referred to the Mayor, and any
committee appointed by the Mayor or City Council , for their review and
disposition. The contract shall be awarded to the lowest responsible
bidder; provided the Mayor, and any committee designated to review
bids, may reject any and all bids received.
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Section 5. That the Mayor, or the Mayor' s duly authorized representa-
tive, may approve for payment out of any funds previously appropriated
for that purpose, or disapprove any bills, debts_ or liabilities, where
the total expenditure therefor is below the sum of thirty thousand
( $ 30 , 000. 00) dollars. Provided, however, the Mayor' s approval of
expenditures for bonded indebtedness, purchase of electric power and
sales tax .shall not be restricted to the above limitation. The pay-
ment or disapproval of any bills, debts or liabilities not covered by
a previous appropriation and those that exceed the above limitation
shall require confirmation of the City Council.
Section 6. That the Mayor, or the Mayor' s duly authorized representa-
tive, may sell or exchange any municipal supplies , materials or equip-
ment without competitive bidding if such supplies , materials or equip-
ment have a value of less than five thousand ( $ 5 , 000 , 00 ) dollars.
That no supplies,..materials or equipment shall be sold without re-
ceiving competitive bids thereof if the value thereof exceeds the sum
of five thousand ( $ 5 , 000 . 00 ) dollars; provided, however, if the Mayor
shall certify in writing to the governing body that , in the Mayor ' s
opinion, the fair market value of such item or lot ( to be disposed of
in one unit) is less than five thousand ( $ 5 , 000 . 00 ) dollars , the
same may be sold by the Mayor without competitive bidding.
Section 7. All Ordinances or parts of Ordinances in confli ter --
with are hereby repealed.
PASSED AND APPROVED this 5th day of Se.tem.er , l'
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PERMISSION REQUEST:
Mayor Chitman stated the Planning Commission recommends the approval
of a replat of Lots 1 through 5, Block 2, Holiday Gardens Subdivision,
Section 3. Alderman Cooper made a motion, seconded by Alderman Horton,
to approve the replat. Lengthy discussion, the property had not been
rezoned to allow 5 lots to made into 7. Discussion. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: None.
NAY: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield,
Burnett, Cooper, Dalton, Guin.
The motion FAILED.
Mayor Chitman requested permission to sign the contract with the
U. S. Department of Housing and Urban Development. Alderperson Jackson
made a motion, seconded by Alderman Cooper, to grant permission to
the Mayor to sign the contract. Upon roll call vote, the voting was as
follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield,
Burnett, Cooper, Dalton, Guin.
NAY: Aldermen: None.
The motion PASSED.
Mayor Chitman discussed the problems with Police Department new equipment.
He has not paid the balance of the bill, what were the Councils wishes.
Discussion. Alderman Guin made a motion, seconded by Alderman Cooper,
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Once the problems are solved to pay the bill in the amount of $69,728.36.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
Cooper, Dalton, Guin.
NAY: Aldermen: None.
The motion PASSED.
Mr. Wyman Morgan, Finance Director, stated the Utility Department
had requested permission to place back on the pay scale a position that
was vacant but they wanted to make a promotion to this position.
Discussion. The position: Meter Reader Foreman - Pay Scale 15, starting
$11,880.00, maximum $15,192.00. Discussion. Alderman Morris made a
motion, seconded by Alderman Cooper, to approve the position and place it
back on the pay scale, at Pay Scale #15. Upon voice vote, the voting was
unanimous. The motion PASSED.
Mayor Chitman stated the LT. Governor had requested use of the facilities
to hold a hearing. Discussion. Permission granted for the Lt. Governor
and his Commission to use the facilities.
Mr. George, Code Enforcement Officer, stated that Mr. Klien told him
he would drop the request for 90 days extension and give the people in
the apartment building 30 days to move and request that Community Development
demolish the buildings for him. Lengthy discussion. Recommendation:
The Mayor allocate the funds that are already there to tear down the property
at 304 S. 8th Street and charge the demolition back to Mr. Klien. The law
and the Ordinance and the money is there. Discussion. Requested that Mr.
George bring a list of buildings that need to be condemned and a Resolution
be passed condemning these buildings and the program can procede.
City Attorney stated the Attorney the City hired for an opinion on the
Wheeler Case would give a presentation at the next City Council meeting.
COMMITTEE/COMMISSION REPORTS:
Alderman Morris stated the Budget Commission had approved the following
budget changes.
GENERAL FUND:
Privilege Licenses A/C# 100-313-00 Increase $ 4,625.00
State Ins. Turnback A/C# 100-320-00 Increase 6,850.00
State Turnback A/C# 100-321-00 Increase 90,875.00
Interest Income A/C# 100-361-00 Increase 1,200.00
Alderman Morris made a motion, seconded by Alderman Burnett, to approve
the budget changes in the General Fund. Upon voice vote of the Council,
the voting was unanimous. The motion PASSED.
CITY COUNCIL:
Worker's Comp. Ins. A/C# 111-408-10 Increase $ 75.00
Perishables A/C# 111-417-00 Increase 100.00
Worker's Comp. Tax A/C# 111-408-00 Decrease 25.00
,IL
Alderman Morris made a motion, seconded by Alderman Cooper, to approve
the budget change in the City Council Budget. Upon voice vote, the voting
was unanimous. The motion PASSED.
MAYOR'S OFFICE:
Worker's Comp. Ins. A/C# 112-408-00 Increase $100.00
Claims/Settlements/Judgements A/C# 112-531-00 Increase $7,655.00
Alderman Morris made a motion, seconded by Alderman Burnett, to approve
the budget change in the Mayor's Office. Upon voice vote, the voting was
unanimous. The motion PASSED.