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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 -230- 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. -231- 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. -232- 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. -233- 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. -234- 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' ATT S vt�Q*'� ��.---- '/ '1 LU'' T YOR CITY •K 1'41cK3 0 NS SPO RED BY: 'S�- p MAYOR µ` ; a- 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, -235- 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.