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October 17, 1985 -256- MINUTES WEST MEMPHIS CITY COUNCIL OCTOBER 17 , 1985 The regular meeting of the West Memphis City Council was held on Thursday, October 17 , 1985 at 1 : 30 p .m. in the City Council Chambers at the West Memphis City Hall , 205 S . Redding with Mayor Leo Chitman presiding . Mayor Chitman called the meeting to order at 1 : 36 p .m. Prayer was offered by Father Don Althoff of the Saint Michaels Catholic Church . The following persons were present : Mayor Leo Chitman Assistant City Attorney Boone Nance City Clerk Dan Craft Aldermen : Larry Shelton Roger Sumpter Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris The first item on the agenda was bid openings . The bids for the West Memphis Utility Department were opened by Pat Magruder , Jr . and David Goacher and read by Assistant City Attorney Boone Nance . WEST MEMPHIS UTILITY COMMISSION OFFICE BUILDING 1985 RENOVATION BIDDER ROOFING CARPET PAINTING TIME/COMPLETE Delta Roofing & Sheet Metal - West Memphis , AR$21 , 995 . 00 N/B N/B 45 days John J . Campbell Co . Memphis , TN $25 , 001 . 00 N/B N/B December 15th Carpets , Inc . West Memphis , AR N/B $13 , 104 . 00 N/B Blank Marty Rogers West Memphis , AR N/B N/B $6 , 400 . 00 55 days Sturch Construction Co . West Memphis , AR N/B N/B $2 , 940 . 00 30 days Alderman Dalton made a motion, seconded by Alderman Guin to accept the bids and refer them to the West Memphis Utility Commission for review and disposition . Upon roll call vote , the voting was as follows : [ft, AYES : Aldermen : Shelton, Sumpter , Brasfield Burnett , Cooper , Dalton Guin , Horton , Jackson, Morris NAYS : Aldermen : None The motion PASSED . Next , bids for the Code Enforcement Department were opened by Joe Scarbrough and read by Asst . City Attorney Nance . 1985 or 1986 PICK-UP TRUCK 1986 DELIVERY DATE Hudson Rook $9 , 890 . 00 45 days Gibson Ford $9 , 256 . 98 none Stephens Chevrolet $9 , 399 . 00 none Chalmers Chevrolet $9 , 846 . 00 Oct . 21 , 1985 -257- Alderman Morris made a motion, seconded by Alderman Cooper , to accept the bids . Alderman Shelton made a motion, seconded by Alderman Guin to appoint a committee of Alderman Dalton, Alderman Burnett , Charlie George , and Mayor Chitman for the review and disposition of the 1986 Pick-Up Truck bids . Upon roll call vote , the voting was as follows : AYES : ALDERMEN : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton, Jackson, Morris NAYS : Aldermen : none . The motion PASSED . CITIZENS REQUESTS Minnie McClure , 200 S . 20th reported on September 26 , 1985 at approximately 8 : 00 a .m . she was driving east on Bond Street by the First Baptist Church and drove off into a hole which was cut by the Utility Department with no barracades . She stated her loss was : 2 rims , 2 hub caps , and one tire . Discussion . Mayor Chitman stated claim would be discussed later in the meeting under Small Claims Committee report . The next item of business was the correction or approval of the minutes of the October 3 , 1985 City Council meeting . Alderman Guin made a motion, seconded by Alderman Cooper to approve the minutes as presented . Upon voice vote of the council , the voting was unanimous . The motion PASSED . Alderman Burnett made a motion seconded by Alderman Dalton to recess for fifteen (15) minutes for an executive session of the City Council and the Mayor . Upon voice vote , the voting was unanimous . The metting recessed at 2 : 06 p .m . and resumed at 2 : 28 p .m . Mayor Chitman announced the appointment of Richard Wardlow as Street Superintendent and Department Head of the Street Department . OLD BUSINESS The first item under Old Business was the second reading of an Ordinance to rezone lots 1 , 2 , 3 , 4 , &5 Block 2 , Section 3 , Holiday Gardens Subdivision in the City of West Memphis , Arkansas read by Asst . City Attorney Nance . Discussion . Mr . Sloan and Duke Clements were present to address the council and answer any questions . Alderman Morris made a motion, seconded by Alderman Burnett to approve the ordinance on its second reading . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton, Jackson, Morris NAYS : Aldermen : None . The motion PASSED . The ordinance passed on its second reading . Next Assistant City Attorney Nance read an ordinance to amend Ordinance 987 , an Ordinance to levy an annual Privilege License adding a new classification, for the second time as amended . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton, Jackson, Morris NAYS : Aldermen : None . -258- Alderman Morris made a motion, seconded by Alderman Cooper to expunge the record of the vote for lack of a motion. After roll call vote, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton Guin, Horton, Jackson, Morris NAYS: Aldermen: None The motion PASSED. Assistance City Attorney Nance read the ordinance to amend Ordinance 987 an Ordinance to levy an annual Privilege License, adding a new classification, for the second time as amended. Alderman Morris made a motion, seconded by Alderman Guin to approve the Ordinance on its second reading. Discussion. City Clerk Dan Craft presented a letter from him to the City Attorney recommending additional changes in the ordinanceMr. Craft to get with the City Attorney and make changes before the next City Council meeting. Discussion. Upon roll call vote of the original motion, the voting was as follows: AYES: Aldermen: Shelton, Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris NAYS: Aldermen: None The Ordinance PASSED on its SECOND Reading. Next item under Old Business was the second reading of an Ordinance to amend Ordinance No. 1033, by adding to the table of contents, an"O-1 Quiet Office District" and for other purposes, Alderman Cooper made a motion , seconded by Alderman Jackson to approve the Ordinance on its second reading . Upon roll call vote , the voting was as follows : AYES : Aldermen: Shelton, Sumpter , Brasfield , Burnett , Cooper Dalton , Guin , Horton , Jackson , Morris NAYS : Aldermen : None . The Ordiance PASSED on its SECOND reading . Next the City Treasurer Aubrey Holt gave his quarterly report . He reported the year is 75% over and everything was in good shape . Mr . Holt read a letter from the Attorney General . Discussion . Alderman Shelton suggested the City Council start now consolidating in the 1986 budget . Alderman Guin suggested considering a volunteer fire department . Discussion . Next City Clerk Dan Craft gave his quarterly report . He stated Three Rivers Plywood had paid their delinquent payment in lieu of taxes in the amount of $13 , 600 . 00 and are to pay an additional administration fee in the amount of $1 , 700 . 00 soon . Alderman Burnett requested Mr . Craft proceed with the collection of the Tabernacle Property account . NEW BUSINESS The first item under New Business was a Resolution that the following described houses , buildings , or structures should be condemned as an inspection of the premises are such they should -259- be declared a nuisance . Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Resolution . Lengthy discussion . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper Dalton, Guin, Horton, Jackson, Morris NAYS : Aldermen : None . The Resoltion was adopted and was assigned Number 1028 . RESOLUTION NO. WHEREAS , Ordinance No. 1141 , passed by the City Council of the City of West Memphis , Arkansas, the 15th day of September, 1983 , provided that before the City Council may condemn any house, building or structure declaring a Nuisance, that a Resolution should be passed describing the house, building , or structure, stating the name or names , if known, of the owner or owners thereof, and set forth the reason or reasons that said house, building or structure has been condemned as a Nuisance; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the following described houses , buildings or structures should be condemned as an inspection of the premises are such they should be declared a Nuisance. DESCRIPTION OWNER OR OWNERS REASON FOR CONDEMNATION 216 & 218 S . 9th Major Robinson Dilapidated Lots 9 & 10 , Blk. 106 , 216 S . 9th Kendals Subdivision West Memphis, AR 715 S . 9th Thomas Keen Dilapidated Lot 24 , Blk. 16 ,Kendals 3203 Church Subdivision West Memphis, AR 127 S . 12th Addie Coleman Dilapidated Lots 31 & 32 , Blk. 115 c/o C Bayes, Sr Kendals Subdivision 964 Keel Avenue Memphis, TN 621 S . 13th Charlie Corbin Dilapidated Lot 12 , Blk. 91 , N 1/2 122 S . 10th Kendals Subdivision West Memphis, AR 712 S . 13th Lillian Reed Hampton Dilapidated Lot 7 , Blk 97 708 S . 13th Kendals Subdivision West Memphis, AR 411 714 S . 13th Roosevelt & Lillie Dilapidated Lot 8 , Blk. 97 Stokes Kendals Subdivision c/o Guaranty Abstract Co. 212 N. 6th West Memphis, AR 235 S . 16th C. Early & Hattie Dilapidated Lots 35 & 36 , Blk. 136 Mosley Kendals Subdivision 335 S . 17th West Memphis, AR -260- 221 S . 17th Lee & Kay Suggs Dilapidated Lot 29 , Blk . 148 221 S . 18th Kendals Subdivision West Memphis , AR 701 S . 20th Paul M. Mercer Dilapidated Lot 5 , Blk. 159 P .O. Box 11463 Kendals Subdivision Memphis , TN 38111 308 W. Oliver Milford & Christine Dilapidated E. 1/2 of E . 1/2 Lot 2 , Schmidt Blk. 15 , Compress Subdiv. 907 S . Roselawn West Memphis , ARL, t\��4?,41/4 *1 Qv V. .144,.'":)- • BE IT FURTHER RESOLVED that a true or certified copy of said Resolution be mailed to the Owner or Owners thereof , or last known address if unknown , and a copy thereof shall be posted at a conspicuous place on said house , building or structure . If Owner or Owners be unknown, the posting of the copy of the Resolution is sufficient; and, BE IT FURTHER RESOLVED that if the house, building or 1 structure has not been torn down or removed within thirty (30) days , the Building Inspector will take such,--action a provided by law. r� ' (J ADOPTED this /y/=-~~ day of / '" 8 C - ' IP' 1;7 / ATTEST: / MAYOR City/ Cl- • -/- / SPONSORE - F r Next i.tein under New Business was a Resolution to the Board of L Regents of Memphis State University requesting that students with a residence of West Memphis , Arkansas pay the same tuition to attend the University as residents of Tennessee . Discussion . Alderman Sumpter made a motion, seconded by Alderman Dalton to adopt the Resolution . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton , Jackson, Morris NAYS : Aldermen : None . The motion PASSED and the Resolution was assigned number 1029 . (Copy on following page . ) -26I- / o .` ) RESOLUTION NO . ( A RESOLUTION TO THE BOARD OF REGENTS OF MEMPHIS STATE UNIVERSITY REQUESTING THAT STUDENTS WITH A RESIDENCE OF WEST MEMPHI , ARKANSAS, PAY THE SAME TUITION TO ATTEND THE UNIVERSlTY AS RESIDENTS OF TENNESSEE. Whereas, the Tuition at Memphis State University is considerably higher for out-of-state students than for in-state students. Whereas, Arkansas State University, the nearest Arkansas university 65 miles from West Memphis, does not charge out-of- state tuition to Memphis residents wishing to attend Arkansas State. Whereas, there are many West Memphis residents wishing to attend Memphis State University that cannot afford the high cost of out-of-state tuition. � . Whereas, there are many Residents of West Memphis supporting the state of Tennessee and the City of Memphis by paying . nnesse sales taxes. Whereas, the City of West Memphis, the City of Memphis, and the County of Shelby work together from time to time for the best interest of each government and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WEST MEMPHIS, ARKANSAS, that the City Council respectfully requests that the Board of Regents of Memphis State University change its admission policy to allow students with a residence of West Memphis, Arkansas, to pay the same tuition as residents of Tennessee. NOW, THEREFORE, BE IT FURTHER RESOLVED that a copy of this |^ Resolution be sent to the Board of , .gents State University and � Community College System of Tenne ,see 1 �� — hreesboro Road Nashville, TN 37217. �� -r ' -1144111, Adopted this ^2�� 'day of October. 198!f ,A / / ES / -o : Litman, MAYOR ` �� ---- 1-`w��--- - - --- \ ��~� Dao Craft , C ^ C E ' -- �m��~� ,��^r .�� v- S c^`r' .o� R 0 e ". u.r� °' '10 ° / --- * '~ l ^ . n±, try Next item under New Business was an Ordinance_ to naive competitive bidding , establishing an emergency and for other purposes . Assistant City Attorney Nance read the ordinance for the first time . Alderman Dalton made a motion, seconded by Alderman Cooper to approve the ordinance on its first reading . After roll call vote , the voting was as follows : -262- AYES : Aldermen : Shelton, Sumpter , Brasfield, Burnett , Cooper Dalton, Guin , Horton, Jackson, Morris NAYS : Aldermen : None . The motion PASSED . Alderman Morris made a motion , seconded by Alderman Cooper to suspend the rules and the Ordinance be placed on its second reading . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper, Dalton, Guin , Horton , Jackson, Morris NAYS : Aldermen : None . The motion PASSED . Assistant City Attorney Nance read the ordinance for the second time . Discussion . Alderman Dalton made a motion , seconded by Alderman Burnett to further suspend the rules and the Ordinance be placed on its third and final reading . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper Dalton, Guin , Horton, Jackson , Morris NAYS : Aldermen : None . The motion PASSED . Assistant City Attorney read the ordinance for the third and final time . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton, Jackson , Morris NAYS : Aldermen : None . The motion PASSED . Alderman Morris made a motion seconded by Alderman Dalton to adopt the emergency clause , Section 2 . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton, Jackson , Morris NAYS : Aldermen : None . The motion PASSED . The ordinance was assigned number 1228 . (COPY) ORDINANCE NO. ( a..a AN ORDINANCE TO WAIVE COMPETITIVE BIDDING , ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS , Arkansas Statute 19-4425 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical ; and , WHEREAS , there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS: 1. That competitive bidding be waived for the following item (s) to be used by the City , described as follows: PURCHASE - 8 . 2 Liter - Rebuilt Engine $3 ,950 . 00 FROM: G. & W. Diesel Service 892 Kansas Memphis , Tennessee 38106 CORE charge : 0 $3 ,700 . 00 -263- 2. Emergency Clause. It having been found and determined by the City Council of the City of West Memphis , Arkansas , that . there is an urgent need by the City of West Memphis for the item (s) described above , an emergency is hereby declared to exist , and this Ordinance .bei.ng necessary for the preservation of the public peace , health, safety and welfare of the Citizens of West Memphis , Arkansas, .shall be in full force-and-effect from and after the date of its passage and appr•val . PASSED AND APPROVED this /-= day of � , 19 5� i ATTEST: MAYOR f / :W: - CITY e SPO? SUR .D,.sAdg: C"‘‘ CER�'� • � C ';A YOROCI 14 19x5 • Mayor Chitman to meet with committee consisting of Alderman Shelton, Alderman Dalton, and Cecil Kerley to make contact with General Motors to negotiate the price on the new engine . Next on the agenda was an agreement amendment by Brawley Consulting Engineers . Alderman Cooper made a motion , seconded by Alderman Jackson authorizing Mayor Chitman to sign the agreement . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield, Burnett , Cooper , Dalton, Guin , Horton, Jackson, Morris NAYS : Aldermen; None The motion PASSED . (Copy of agreement attached) . Next item was a Resolution supporting the proper implementation of a pretreatment program approved by EPA . Alderman Burnett made a motion seconded by Alderman Morris to adopt the Resolution . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin , Horton, Jackson, Morris NAYS : Aldermen : None . The motion PASSED . The Resolution was assigned number 1030 . (COPY) -264- RESOLUTION NO. 1030 WHEREAS, the City Council of the City of West Memphis is responsible for all municipal activities ; and , WHEREAS , the City Council has impowered the L Utility Commission to oversee the operation of the publicly owned sewer system and treatment works ; and , WHEREAS , the City Council has received a recommendation from the Utility Commission to pass Ordinance No. 1214 to establish an Industrial Pretreatment Monitoring Program; and , WHEREAS, this City Council passed Ordinance No. 1214 on April 18 , 1985 . NOW THEREFORE , BE IT RESOLVED , that the City Council of the City of West Memphis place itself L on record as supporting the proper implementation of a pretreatment program approved by the Environmental Protection Agency to conform to the Clean Water Act of 1977 and the general pretreatment regulations by (40 CFR - Part 403) ; and, BE IT FURTHER RESOLVED, that the City Council , in reviewing budget requirements from the Utility Commission, will look favorably on the pretreatment program; and, BE IT STILL FURTHER RESOLVED , that the City Council willingly considers those necessary amendments to Ordinance No. 1214 as they are recommen\d by the Utility Commission. LADOPTED •a of 0 toter, 19 : 5 \ 'fib L. c---'rn.an/it MAYOR ATTE . ,,,,,.../---- e � I1'Y CL -265- PERMISSION REQUESTS Mayor Chitman reported on a litigation and letter to Chief Bill Ralph from the Commercial Appeal asking for certain information pertaining to the Ronald Ward case . Mayor Chitman reported there would be a simulated Emergency evacuation on November 7 , 1985 COMMITTEE REPORTS Alderman Morris reported the Budget Committee had met and requested the following budget changes : FIRE DEPARTMENT Worker ' s Comp . Ins . AC#142-408-10 Increase $2 , 450 . 00 Rental Equipment AC#142-509-00 Increase $ 25 . 00 Privilege License AC#100-313-00 Increase $1 , 650 . 00 Other Income AC/1100-369-00 Increase $ 825 . 00 Alderman Morris made a motion , seconded by Alderman Jackson to approve the budget changes in the Fire Department . Discussion . Upon roll call vote the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield, Burnett , Cooper , Dalton, Guin, Horton, Jackson, Morris NAYS : Alderman : None . The motion PASSED . EMERGENCY MEDICAL SERVICES Retirement-City AC#144-404-00 Increase $1 , 000 . 00 Worker ' s Comp . Ins . AC#144-408-10 Increase $2 , 225 . 00 Maint . -Machines&Equip . AC#144-504-00 Increase $1 , 000 . 00 Ambulance Service Fees AC#100-323-00 Increase $4 , 225 . 00 Alderman Morris made a motion , seconded by Alderman Burnett to approve the budget changes in the Emergency Medical Services . Discussion . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton, Jackson, Morris NAYS : Aldermen : None . The motion PASSED . CITY SHOP Budget amendment for City Shop was tabled . ELECTRIC DEPARTMENT Workers Comp . Ins . AC#412-408-10 Increase $16 , 200 . 00 Poles , Towers , Fixtures AC#412-503-20 Increase $14 , 100 . 00 Underground Services AC#412-503-40 Increase $ 4 , 800 . 00 Minor/Apparatus AC#412-522-00 Increase $ 1 , 600 . 00 Alderman Morris made a motion , seconded by Alderman Burnett to approve the budget changes in the Electric Department . Discussion . After roll call vote the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton, Jackson , Morris . NAYS : Aldermen : None . The motion PASSED . METER DEPARTMENT Workers Comp . Ins . AC#413-408-10 Increase $3 , 425 . 00 Metering Cabinets AC#413-503-89 Increase $1 , 025 . 00 Chemicals AC#413-523-00 Increase $ 25 . 00 Traffic Equipment AC#413-529-00 Increase $ 150 . 00 Alderman Morris made a motion , seconded by Alderman Burnett to approve the budget changes in the Meter Department . After roll call vote , the voting was as follows : -266- AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin, Horton , Jackson, Morris NAYS : Aldermen : None . The motion PASSED . LEASE COMMITTEE Alderman Morris reported the Lease Committee had met to discuss leasing the old Utility Department Building at 111 S . 2nd . to the West Memphis Jacee ' s . Alderman Morris made a motion , seconded by Alderman Guin, to give Mayor Chitman tentative approval to sign a five ( 5) year lease at 111 S . 2nd . Street to the West Memphis Jaycee ' s providing the Code Enforcement Officer checks the building to determine its present condition and agree in the lease to upgrade the building . The lease will be for two ( 2 ) years at $100 . 00 a month , two ( 2) years at $150 . 00 a month , and one ( 1 ) year at $200 . 00 with the lessee paying all utilities and insurance premiums and any additional insurance naming the City as the additional insured . The lessee to have option to renew subject to future council and have first right of refusal to purchase the building . Discussion . Alderman Cooper made a motion, seconded by Alderman Brasfield to add a restriction clause to the lease restricting any alcoholic beverages on the premises . After roll call vote , the voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Cooper , Jackson NAYS : Aldermen : Burnett , Dalton , Guin , Horton, Morris Due to a tie vote, the Mayor voted to break the tie . Lw Mayor Chitman voted Nay . The motion FAILED . Roll call vote was taken on the original motion to give Mayor Chitman tentative approval to sign the lease . The voting was as follows : AYES : Aldermen : Shelton, Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton, Jackson, Morris NAYS : Aldermen : None . The motion PASSED . Payment on the lease to begin January 1 , 1986 . Alderman Morris reported the Lease Committee had met with the Wonder City Boys Club Board of Directors to discuss them purchasing the LR Jackson Community Center building for $25 , 000 . 00 with a ground lease of twenty-five (25) years at $1 . 00 per year , with a twenty-five (25 ) year renewal option . Alderman Morris made a motion, seconded by Alderman Cooper to give tentative approval of the West Memphis Boys Club purchasing the building for $25 , 000 . 00 subject to the Council ' s review and approval of the deed and ground lease on November 7 , 1985 . Lengthy discussion . Mr . Holbrook addressed the Council . After roll call vote on the original motion, the voting was as follows : AYES : Aldermen : Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton, Guin, Horton , Jackson , Morris The motion PASSED . Mayor Chitman asked for the City Council ' s authorization to sell equipment at auction from Municipal Court , Sanitation and Police Department ' s . Alderman Burnett made a motion seconded by Alderman Guin to authorize Mayor the sell this equipment at auction . Upon voice vote of the council , the voting was unanimous . The motion PASSED . -267- Alderman Brasfield reported the Fire Commission recommended Captain Holmes receive a car allowance of $150 . 00 per month retroactive from September 1 , 1985 through December 31 , 1985 , until a vehicle can be purchased if the money is available in the 1986 budget . Alderman Brasfield made a motion , seconded by Alderman Morris , for Captain Holmes to be given a car allowance of $150 . 00 per month . Discussion . Upon roll call vote , the voting was as follows : AYES : Aldermen : Brasfield, Burnett , Cooper , Guin , Horton Jackson, Morris NAYS : Aldermen: Shelton, Sumpter, Dalton The motion PASSED . Alderman Cooper reported the Small Claims Committee had met to discuss the claim of Minnie McClure in the amount of $281 . 32 for repairs of her vehicle . Alderman Cooper made a motion, seconded by Alderman Jackson that this claim be paid by the Utility Department . Lengthy discussion . Alderman Cooper withdrew his motion, Alderman Jackson withdrew her second until further investigation of the claim . Being no further business of the City Council at this time , Alderman Burnett made a motion, seconded by Alderman Morris to adjourn . Upon voice vote of the council , the voting was unanimous . The motion PASSED . The meeting adjourned at 4 : 46 p .m . PASSED and APPROVED this ay f /f'0 ___t-7 ,1985 . 441100., Le. Chitman, Mayor ATTEST : Dan Craf City Clerk BRAWLEY CONSULTING ENGINEERS P. 0. Box 1808 308 E. Bond St. West Memphis, Ark. 72301 Phone (501) 735-8148 October 7 , 1985 Mayor Leo Chitman 205 South Redding West Memphis , Arkansas 72301 REFERENCE: Rainer Road-Airport Road Improvements EDA Project No . 08-01-02477 Dear Mayor: As you know due to 'the various funding requirements and particu- larly the use of the Federal Aid Urban Funds on the subject pro- ject , we were asked to make some project adjustments that has changed the scope of work considerably. These changes as approved by EDA and the City Council were : 1 . Add the Design of approximately 3000 L .F . of Airport Road on a new alignment which will require new right-of- way and an additional cost of approximately $250 , 000 . 2 . That our services as per the requirements of AHTD will be to design the Airport Road Section and provide the Contract Management of Construction as the City ' s En- gineer . The AHTD will provide project inspection ser- vices on the Airport Road Improvements . 3 . We are to do all the design, inspection and construction management services on Rainer Road and are to bid this . separately. In essence we will be doing two projects rather than one now with two different sets of plans and specifications . We will also be adding approximately 3000 L .F . of new roadway alignment which will require us to do considerable amount of right-of-way work as well as additional design work. In addition this work will have to be completed and coordinated with the Arkansas Highway Departments requirements and bidding procedures . The fees in the attached contract amendments are in line with the original fees especially since the project is now essentially two projects with an increase in total cost of $519 , 000 . s 1 • Mayor Leo Chitman Page 2 October 7 , 1985 To refresh your memory on these items , I am enclosing a copy of our original letter and attachments to Mr . Nielsen of EDA and his subsequent letter of approval dated August 21 , 1985 . As you know work is progressing satisfactorily and we hope to have final plans and specifications complete for approval on the Rainer Road portion by the end of the month . As expected due to the right- of-way requirements and changes the work on Airport Road is moving somewhat slower. We appreciate very much your consideration in these matters and if there are any questions or if we may be of any other service , please let us know. Sincerly yours , Eddie E . Brawley, P .E . Enclosures tE BRAWLEY CONSULTING ENGINEERS P. 0. Box 1808 308E Bond St. West Memphis, Ark 72301 Phone (501) 735.8148 • August 19 , 1985 Mr . Allyn H . Nielsen , EDA Project Engineer U . S . Department of Commerce Economic Development Administration Austin Regional Office Suite 201-Grant Building 611 Fast 6th Street Austin , Texas 78701 REFERENCE : EDA Project No . 08-01 -02477 Dear Mr . Nielsen : As per our prior conversation , the City of West Memphis in coopera- tion with the Arkansas State Highway and Transportation Department (ASHTD) have elected to make additional improvements on the subject project that would bring the project more in conformance with the (10. West Memphis-Marion Area Transportation Plan. We propose that the portion of South Airport Road north of the West Memphis Municipal Airport be constructed on a t:ew alignment , as indicated on the attached Transportation Plan , to intersect with North Airport Road ' s present terminus at Broadway Blvd . (U .S . 70)• The Crittenden County Judge is planning on making improvements from this point North to I-40 under another program. This will give a continuous route without jogs from Interstate 40 into the industrial areas and to our Port Facilities . We feel this will greatly improve the Project . The new alignment along with additional FHWA requirements of wider shoulders than originally planned on any segment involving Federal Aid Urban ( FAU) funds will require additional funds which the City Council of West Memphis and the Arkansas State Highway and Transportation Department have agreed to commit. The City Council has agreed to commit a total of $ 155 , 000. of Street Department funds and $ 585 ,000. of West Memphis FAU funds which is administered through the ASHTD. This will make a total committed to the pro- ject of $ 1 ,624 ,800 . consisting of $884 ,800. EDA funds ( 54 .47.) and $ 582 , 000 . local funds ( 45 . 67,) which includes the City Street funds and FAU funds . We feel these proposed additional improvements would be a plus and would appreciate EDA ' s concurence with this change . Another item on which we need your approval is on the work and Mr . Nielsen Page 2 August 19 , 1985 funding schedule . Due to the new alignment and the additional re- quirements set out for the use of the Federal Aid Urban Funds dealing with necessary public hearings , environmental and related reviews and approvals , the AHTD has indicated that it would be next to impossible to get the work involving the FAU funds under Contract by the Special Conditions deadline. Therefore it is our desire to bid the project in two stages-the first stage involving the Rainer Road portion which would be designed and bid as per the Special Conditions Schedule of the EDA Grant. The Engineering and Construction on this stage would be paid from EDA and City Street funds . Since this stage would not involve any FAU funds we could proceed as per our original plans without delay from any additional public hearings and approvals . The second stage would consist of the Airport Road portion . The design of this portion including • required public hearings and obtaining of right-of-way for the new alignment , and other approvals would proceed concurently with the other stage and it is anticipated that contracts could be let so that the work on both stages could be done in the 1986 construc- tion season . This portion involving the FAU funds will have to meet both the FDA and Federal Highway Administration requirements and since the ASHTD administers these funds , our design including plans and specs will have to follow their normal procedures and will have to be bid at a regular Arkansas Highway and Transporta- tion (Department hid letting . Due to their regulations it will be necessary that the design engineering for this stage be paid from the allocated EDA and/or City Street funds and the construction phase paid for by a combination of FAU funds and/or EDA-City Street funds . Our firm would provide construction and inspection services on that portion not involving FAU funds and the State Highway Department would be providing inspection services on that portion involving FAU funds with us providing the other necessary construction and coordination services for the City. We realize this is an unusual combination of scheduling and funding but if we are to meet the deadlines and various requirements and still complete this much needed project within the available funds , we believe this to be our best choice . We trust we will receive FDA ' s prompt concurence on these matters 1.. I , SUCGESI fir FUND ALLOCATION FOR FEDERAL AID URBAN FUND PURPOSES lieFirst Stage To Be Bid As Per Special Conditions Schedule And EDA Requircments Rainer Road From South Avalon to South Airport Road- Estimated Project Construction Cost $600 ,000. Engineering $ 47 , 000 . Inspection and Contract Management $ 24 , 000. TOTAL $671 ,000. Fund Allocation-EDA-80% $ 536 , 800. City- 207. $134 , 200. Second Stage To Be BLd As Per EDA And ASHTD Requirements Using FAU Funds Including New Alignment : South Airport Road from Broadway (U .S . 70) to Rainer Road- Estimated Project Construction Cost $ 792 ,000 . Engineering-Design ( Brawley) $ 60 , 000. Inspection and Project Management (ASHTD) 10% Estimated $ 80 ,000. Contingency $ 21 , 800. TOTAL $953 , 800. tbw Fund Allocation- FAU-61% Construction and Inspec- tion Only $585 ,000. EDA-36 . 5% Construction and Design Engineering $348 , 000. . City of West Memphis 2 . 57 ( If Needed) $ 20 , 800. Prepared by: a �.____IL _, Eddie E . Brawley , P . F Project Engineer r Mr . Nielsen Page 3 August 19 , 1985 and appreciate very much your assistance and concern in the conti - nued economic development of our area . If there are any questions pertaining to these matters or if we may be of assistance in any way , please let us know . Sincerely yours , TACYA.AR.42:)$)\00v.L.A6 Eddie E . Brawley , P.E. Project Manager cc : Mayor Leo Chitman Judge Brian Williams West Memphis City Council Mr . Charles Venable , ASNTD Assistance Chief Engineer 4 I , 11 f Q v D • N 1 AlVI / 1 9 i o • • i / „\\ MIotw wsob w '� zbawib.s-1 . , 1 <I L`1 ��P�ty I II I 1 % rw 1 P ,t No 1 • 1 Q ,� r : so nib oma. `I : 1 1 1 . o0 I NI 6 ' , i , 1 1 I I �d,4►w'LmI A ai X ` an IGiK w w q. ..Y.�. t.slam w 1 4 t I i e. e Z I F r t r 1 N I; I r b y I # —.I,.. .�g_ .! ' ' t� t , �,I ' ' }, J A o j . ,.\ ....ri , L I ,' I i I I I ' I ;K,r 1 ,< 1'11 • .• 1- « �, �;, s b. ', 4; ,?r' .r •• t 1 it ,. r �1 . w ',� ;. I , ` i I! S•` I I1, r ‘� w...r h ,, , / i � r I J i. o`. I . I I r � ; 1 y I � , \ V i r `` l •i I • ..e.v 1 , i , , , / , , 1'( . ,, , , \I / ,� ,,, ' jl 1 ij J J M•a� L 1 U.S. DEPARTMENT OF COMMERCE (!I r: % .1 •1 ECONOMIC DEVELOPMENT ADMINISTRATION y AUSTIN REGIONAL OFFICE ','•. ,/ SUITE 201 - GRANT BUILDING 611 EAST 6TH STREET AUSTIN, TEXAS 78701 August 21, 1985 Honorable Leo Chitman Mayor, City of West Memphis P.O. Box 1728 West Memphis, Arkansas 72301 Re: EDA Project No. 08-01-02447 City of West Memphis, Arkansas Dear Mayor Chitman: The Economic Development Administration has no objection to the realign- ment of the Airport Road portion of this project or the phased construction as outlined in Mr. Eddie E. Brawley's letter of August 19, 1985. The Economic Development Administration will not disburse any of their grant funds until all construction contracts are awarded, executed and • approved by EDA .on the proposed two stages of this project. If you have any questions, please contact Mr. Allyn H. Nielsen, Project Engineer, at 512-482-5826. Sincerely, p,, . Henry N. Troell �f" Acting Chief Public Works Division cc: Mr. Eddie E. Brawl.ey EDR Willeen Hough • • 4 lbw AGREEMENT AMENDMENT WHEREAS , The City of WEST MEMPHIS (hereinafter called the Owner) and Brawley Consulting Engineers , Incorporated (hereinafter) called the Engineer) have entered into an Agreement , dated January 22 , 1985 , for Engineering Services on the Rainer Road and 160 Airport Road Improvements , EDA Project No . 08-01-02477 , AND Whereas , the City desires to increase the scope of the project to include the design of approximately 3 , 000 L .F . of Airport Road on new alignment and to bid the Rainer Road portion and Airport Road portion separately , , AND Whereas , due to funding requirements the City desires that the ENGINEER perform the required design , inspection and contract management services on Rainer Road as set forth in the• original agreement and that said ENGINEER provide only the design and contract management services on the Airport Road improvements including the new alignment , NOW , therefore , the OWNER and the ENGINEER agree to amend Section 5A , of said Agreement , Payments to the Engineer , to read as follows : kilo 5 . 1 The ENGINEER shall receive payment for services as follows : 5 . 1 . 1 For the services contained in Section 1 , Basic Services of the ENGINEER , the fee will be a lump sum amount of $47 , 000 . for said services on the Rainer Road improvements and a lump sum amount of $60 ,000 . for said services including coordination and contract management services for the Construction Phase on the Airport Road improvements including the new alignment . These amounts shall be payable in one- third increments at completion of 'one- third of the design , at two- thirds of the design , and upon completion of design . 5 . 1 . 2 For the Services on the Rainer Road improvements contained She in Section Z Resident Inspection , the fee will be salary plus , overhead of 118 .49 percent , plus 15 percent profit , plus actual out of pocket cost , with the total not to exceed $ 24 , 000 . It is hereby understood that Inspection Services for the Airport Road improvements will he provided by the Arkansas Highway and Tran- ` sports, tion Department and Brawley Consulting Engineer will provide coordination and contract management services for the construction phase as a part of their Basic Services . 5 . 1 . 3 For the services contained in Section 3 , Additional Services of the Engineer , the fee will be salary plus overhead of 118 . 49 percent , plus 15 percent profit , plus actual out of pocket cost . 5 . 2 ACCESS TO RECORDS . The OWNER , the Economic Development Ad- ministration , the Comptroller General of the United States , or any of their duly authorized representatives , shall have access to any books , documents , papers and records of the ENGINEER doing work under this Agreement which are directly pertinent to the PROJECT . 5 . 3 CHANGES . The OWNER , may from time to time , request changes in the scope of services of the ENGINEER to be performed hereunder . Such changes , including any increase or decrease in the amount of the ENGINEER ' s compensation , which are mutually agreed upon by and between the OWNER and the ENGINEER shall be incorporated in writ- ten amendments to this Agreement . IN WITNESS WHEREOF the parties hereto have made and executed this Agreement Amendment this day of , 1985 . ATTEST: CITY OF WEST MEMPHIS , ARKANSAS BY : Leo Chitman, Mayor ATTEST BRAWLEY CONSULTING ENGINEERS , INC . BY : 940L... f. 6 Eddie E . Brawley, Presid t ya Ma CITY Of WEST MFMID1-116 205 South Redding - West Memphis, Arkansas 72301 - (501) 735-2720 September 26 , 1985 TO : Mayor Leo Chitman Members of West Memphis City Council FROM: City Attorney Arkansas Law provides that the Governing Body (City Council) shall have the right to enact laws concerning all phases of the operation of a solid waste management system. Solid waste is defined as not limited to garbage , but includes rubbish, street refuse , etc. Agreements with private persons are authorized for disposal of solid waste. If a plan to dispose of solid waste by contract with private persons is desired , an Ordinance should be passed granting the City Council right to contract with private persons by bid or negotiation; setting a date when the present Ordinance expires , establishing monthly rates , and establishing the number of garbage or trash pick ups weekly or monthly , back yard or curb side pick up . The Governing Body , by Ordinance , may waive the requirement of Competitive Bidding in exceptional situations , where such procedure is deemed not feasible or practical . Arkansas Statute 19-234 states the Mayor and City Clerk shall execute all contracts , if and when authorized by the City Council . Ordinances enacted by the City Council are valid contracts , therefore, Ordinances vetoed by the Mayor and overriding by two-thirds (2/3) of Council , elected , constitute a valid contract . The above is strictly an opinion rendered by request . Very truly yours , iletttLAS4al City Attorney RLS/wa VorC- f 5 + ' Da e J P ^ I An Equal Opportunity Employer OL