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November 7, 1985 -268- MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 7,1985 The regular meeting of the West Memphis City Council was held on Thursday, November 7, 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 1:37 p.m. Prayer was offered by Reverend C.H. Hurst of the First Presbyterian br Church. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Roger Sumpter Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton Doug Morris Larry Shelton The following persons were absent: Roberta Jackson The first item on the agenda was bid openings. The bids for the West Memphis Utility Commission were opened by David Goacher and read by City Attorney Robert Smith. TRANSFORMERS BIDDER 1200 KVA 1500 KVA (Alternate 1500KVA) Diversified Electric H.K.Porter Square D Westinghouse North Little Rock, AR $12,012.00 ea. $13,156.00 ea. $13,312.00 ea. 16-18wks Stuart Irby McGraw-Edison McGraw-Edison Little Rock, AR $14,144.00 ea. $14,736.80 16 wks. Arkansas Electric Coop. Little Rock, AR $13,928.64 ea. $14,519.77 ea. 16 wks. Tenn. Valley Elec. Supply McGraw McGraw Memphis, TN. $14,144.00 ea. $14,820.00 ea. 16 wks. Jimelco, Inc. Alpha Alpha Jacksonville, AR $11,180.00 ea. $12,680.72 60 days Jeanes Enterprises Balteau Balteau Memphis, TN $11,489.92 ea. $13,182.00 ea. 14-16 wks. Alderman Dalton 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 roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper ,Dalton, Guin, Horton, Morris NAYS: Aldermen: None Alderman Shelton was absent from the vote at this time. The motion PASSED. PUMPS IMAC Memphis, TN $2,542.00 ea. 15 days Southern States Memphis, TN $2,753.00 ea. 14 days Instrument & Supply Hot Springs, AR $2,232.00 50 days -269- Alderman Burnett made a motion, seconded by Alderman Horton 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: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris NAYS: Aldermen: None Alderman Shelton was absent from the vote at this time. The motion PASSED. Next bids for the West Memphis Utility Commission were opened by Wyman Morgan and read by City Attorney Robert Smith. 1985-1986 AUDIT 1985 1986 John Wilkerson $12,900 $12,900 Dodge, Thomas,& Goss, Ltd. $11,950 $11,950 Touche Ross & Co. $''9;900 $10,100 Alderman Dalton made a motion, seconded by Alderman Burnett to accept the bids and refer them to the West Memphis Utility Commission for review and disposition. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None PRESENTATION Mayor Chitman stated the presentation on the agenda from Mr. Timothy White, Section 8-Housing, would be tabled until the next meeting. CITIZENS REQUESTS Mayor Chitman announced a request was made by Ms.Schoettle in Pre- Council concerning the City Council's full support of an all women's Civic and Social Organization in West Memphis to improve the appearance of West Memphis. City Attorney Smith to prepare a Resolution for the next Council meeting. Mr. Craig Willis, 203 S. Center was present in behalf of the Boy Scouts concerning their share of the 1985 betterment-for-boys-fund provided by Southland Greyhound Park. Mr. Willis read a letter from Richard Williford, a local businessman and Vice-President of the Arkansas Chickasaw Council of the Boy Scouts asking that the Council reconsider their vote and reinstate the Boy Scouts the 10% of the funds from Southland. Discussion. Alderman Dalton called for the question. Roll call vote was taken to end discussion, The voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Horton, Morris NAYS: Aldermen: Cooper The motion PASSED. Discussion ended. Alderman Dalton made a motion, seconded by Alderman Morris that the Boy Scouts be given first consideration of $2,600.00 of the $19,000 in charity viiticket sales from Southland Greyhound Park and that the City Attorney write Southland Greyhound Board of Directors a resolution to this effect. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: Cooper The motion PASSED. The Resolution was assigned number 1031. Copy on file in the City Clerk's Office in the Resolution book. City Council recommended -270- Mayor Chitman to write a letter to Southland Board of Directors, requesting the entire amount of the charity money be given to the City of West Memphis to distribute to charity. Alderman Cooper requested that the record show that he asked that his vote be changed to Aye. Next Gary Cordell with National Distributors Warehouse was present to request the City Council do what is necessary to get (3) NO PARKING signs erected on Jefferson Street on the east side of the loading dock and on the south side of Jefferson. Lengthy discussion. Mayor Chitman to get with someone from National Distributors Warehouse, the Fire Department, and the Street Department to check into getting the signs erected hopefully before next Wednesday. Alderman Dalton made a motion, seconded by Alderman Sumpter, there be a twenty (20) minute recess for a Sanitation Committee meeting. Upon voice vote of the Council, the voting was unanimous. The meeting recessed at 2:20 p.m. and resumed at 3:00 p.m. The next item on the agenda was the correction or approval of the minutes of the October 17, 1985 City Council meeting. Alderman Cooper made a motion seconded by Alderman Shelton to approve the minutes as presented. Upon voice vote of the Council, the voting was unanimous. The motion PASSED. Alderman Shelton reported the Sanitation Committee had met and recommended a Resolution be passed for the City to go into negotiations with Browning Ferris for Private Sanitation collection since they were the only bid proposal received. Mayor Chitman ruled this Resolution out of order due to it not being on the agenda. lirAlderman Cooper made a motion, seconded by Alderman Shelton for the new item to be added to the agenda. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: Cooper The motion FAILED. Alderman Shelton made a motion, seconded by Alderman Guin that the Committee Reports be moved up on the agenda. Mayor Chitman stated " that is not the order at the time, the chair has already outlined the order at this point. We will follow the agenda as presented." OLD BUSINESS The first item under Old Business was the third 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. Ordinance read by the City Attorney for the third and final time. Alderman Dalton made a motion, seconded by Alderman Morris to approve the ordinance on its third and final reading. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. The Ordinance was assigned number 1229. Copy of Ordinance on file in the Ordinance book in the City Clerk's Office. The second item under Old Business was the third and final reading of an -271- ordinance to amend Ordinance #987 an ordinance to levy an annual privilege license, adding a new classification, as amended. City Clerk, Dan Craft requested the ordinance be amended to delete the 91¢ per phone and add $500.00 fee. Alderman Dalton made a motion, seconded by Alderman Horton to amend the ordinance changing the fee from 91(P per phone to a fee of $500.00. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion to amend PASSED. City Attorney Smith read the ordinance for the third and final time. Alderman Horton made a motion, seconded by Alderman Brasfield to adopt the Ordinance on its third and final reading. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. The ordinance was assigned number 1230. Copy on file in the ordinance book in the City Clerk's Office. Next item under Old Business was the third reading of an ordinance to amend Ordinance No. 1033 by adding to the table of contents an "0-1 Quiet Office District.", and for other purposes. City Attorney Smith read the ordinance for the third and final time. Discussion. Alderman Burnett made a motion, seconded by Alderman Dalton that Section 2, item number 5 be amended to read "Height of 1 story or 12' . Discussion. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Horton, tilMorris, Shelton NAYS: Aldermen: None. The motion to amend PASSED. Alderman Cooper was absent from the vote. Alderman Horton made a motion, seconded by Alderman Burnett, to adopt the ordiance on its third and final reading. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. The ordinance was assigned number 1231. Copy on file in the Ordinance Book in the City Clerk's Office. NEW BUSINESS First item under New Business was a ordinance to waive competitive bidding established an emergency and for other purposes on Employee Health and Dental & Life Insurance. City Attorney Smith read the Ordinance for the first time. Alderman Sumpter made a motion, seconded by Alderman Guin, to adopt the Ordinance on its first reading only. Discussion. After roll call vote, the voting was as follows: uji AYES: Alderman: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris NAYS: Aldermen: Shelton The motion PASSED. The Ordiance passed on its first reading only. Next, City Attorney Smith gave a report on his trip to the Attorney's Convention in Philadelphia. He stated the theme was "The Litigation Explosion". He stressed the City Council needed to provide litigation expense money in his 1986 budget. -272- Mayor Chitman reported on his trip to the Arkansas Municipal League Fall Conference October 24-26, 1985. Mayor Chitman stated he had various copies of information on different topics of interest to the council and would provide them with copies if requested to do so. PERMISSION REQUESTS Mayor Chitman reported he had received a letter from Cablevision stating as of February 1st they would have a 50(G increase. Mayor Chitman reported he had received notification from Treadwell- L Mallott Insurance Co. stating they would not renew the insurance policy at the swimming pool at 14th & Jefferson as of November 10, 1985. Discussion. Next Mr. Bill Johnson, General Manager of the West Memphis Utility Commission, requested the City Council' s permission to purchase the property for the sewer treatment plant for $138,000.00 plus the Utility paying for the cost of the survey. Alderman Horton made a motion, seconded by Alderman Guin to grant them permission to purchase the property for $138,000 plus the Utility paying for the survey costs. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen; Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. Mayor Chitman asked for the City Council's authorization to pay for Phase I of the Sewage Treatment Plant for the period of Oct lto Oct.3lst. in the amount of $149,578.40. Alderman Horton made a motion, seconded by Alderman Cooper, to authorize payment in this amount. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Alderman: None The motion PASSED. Mayor Chitman read letter from Northern Telecom giving a 30 day cancellation notice of the service policy on the telephone equipment which has been used since 1974. Wyman Morgan to write specifications on bids for a new telephone system for the Police Department. Next Mayor Chitman requested permission from the City Council to sell the following City vehicles: (6) passenger cars, (1) street dump truck, (1) 3/4 ton truck, and (3) Sanitation trucks. Alderman Brasfield suggested the police cars included in the passenger cars be deleted from selling at auction and keep them to be placed at various location throughout the city to help prevent crime. Lengthy discussion. Alderman Dalton made a motion, seconded by Alderman Brasfield, for the (3) Sanitation trucks be deleted from the list of vehicles to be sold due to the Browning Ferris proposal of purchasing Sanitation equipment. After roll call vote, the voting was as follows: AYES: Sumpter, Brasfield, Burnett, Dalton, Guin, Horton, Morris, Shelton NAYS: Cooper The motion PASSED. Alderman Brasfield made a motion, seconded by Alderman Morris, to delete the three Police cars from the list of vehicles to be auctioned and keep -273- them to be placed throughout the city to help prevent crime. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Cooper, Morris NAYS: Aldermen: Burnett, Dalton, Guin, Horton, Shelton The motion FAILED. Mayor Chitman reported on the visit to West Memphis from Siaka P. Stevens, President of the West African Nation of Sierra Leone. Mayor Chitman read a letter from the President of Riceland Foods thanking him for the opportunity of meeting the President. Mayor Chitman reported the visit of Siaka P. Stevens i was part of the Congressional Record as a report from Senator Bumpers dated October 30, 1985. Next under Permission requests was a recommendation from, the Planning Commission for the City Council's approval of the re-plat of Holiday Gardens Subdivision. Alderman Burnett made a motion, seconded by Alderman Horton to approve Re-Plat of Holiday Gardens Subdivision. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. Alderman Morris made a motion, seconded by Alderman Cooper to approve the Preliminary and Final Plat of McCarley Industrial Park First Addition. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. COMMITTEE REPORTS Alderman Morris reported the Budget Committee had met and requested the following budget changes: CITY SHOP Workers Comp. Ins. AC#212-508-10 Increase $2,525.00 Bldg.&Product Liab. Ins. AC#212-533-00 Increase $ 475.00 Small Equipment AC#212-906-00 Increase $ 475.00 Automotive Equipment AC#212-904-00 Decrease $ 475.00 Alderman Morris made a motion, seconded by Alderman Dalton to approve the budget changes in the City Shop. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen; Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: None The motion PASSED. LIBRARY Salaries AC#511-401 Decrease $1,000.00 Maint. Bldg. Improvements AC#511-503 Increase $1,000.00 tori Alderman Morris made a motion, seconded by Alderman Burnett to approve the budget changes in the Library. Discussion. After roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton NAYS: Aldermen: Morris, Shelton None The motion PASSED. LEASE COMMITTEE Alderman Morris reported the Lease Committee had met and discussed the bill of sale of the LR Jackson Community Building to the Wonder City Boys Club. -274- He stated the Line Boundaries of the Ground Lease are being defined by Attorney Ralph Sloan and this had to be done due to the tennis court, before the closing can be executed. Alderman Morris stated Mr. Holbrook questioned the sale amount of $25,000 and clarified the City is to net $25,000 which means the buyer is to pay the closing costs. Alderman Brasfield reported a parking problem on Broadway from South 7th to South 9th Street. Mayor Chitman to contact the Arkansas Highway and Transportation Department to check into them painting the stripes in ibr the right angle on Broadway. Mayor Chitman reported the Highway Department had contacted him and are ready to go forward in repairing the 8th Street railroad crossing. The City is to pay 10% of the costs which is $13,344.00 Discussion. Alderman Morris made a motion, seconded by Alderman Burnett, to authorize the Mayor to go forward with the 10% matching fund with the Highway Department and FAU. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris NAYS: Aldermen: Shelton The motion PASSED. PUBLIC WORKS COMMITTEE Alderman Brasfield reported that the National Senior Citizens Day is October 18th and he would like that week that the 18th appears in 1986 to be recognized as Senior Citizens Week in West Memphis. He also stated there would be a place for people with vans to carry senior citizens from the nursing homes in the Christmas Parade. lbw SMALL CLAIMS COMMITTEE Alderman Cooper presented a petition with approximately 2,586 signatures of concerned citizens opposing the City going to private sanitation collection. Mayor Chitman advised Alderman Cooper to present the petition to the City Clerk to be filed and dated in his office. Discussion. Next, Alderman Dalton reported that he had contacted the manufacturer of the engine discussed in the last council meeting and they would not have any liability on the engine due to it being run without oil. Discussion. SANITATION COMMITTEE Next Larry Shelton reported the Sanitation Committee had met and made the following statement "The Sanitation Committee met this afternoon, we received one proposal from Browning Ferris Industries of Memphis. It was the recommendation of the Sanitation Committee that we pass a Resolution entering into negotiations with Browning Ferris at this time. . . .exclusively." Alderman Sumpter seconded the motion. Mayor Chitman ruled the motion out of order. Alderman Shelton stated "Mayor, you can't declare it out of order." Mayor Chitman stated "I have declared it." Various discussion and argument continued. Alderman Shelton asked City Attorney lieSmith if he was out of order. Attorney Smith asked Ms. Early if the minutes reflected that he was recognized. Ms . Early stated the minutes reflected Alderman Shelton recognized under Committee Reports. City Attorney Smith stated " If he was recognized than he has the right to make a Resolution, yes." Mayor Chitman stated "But I said he was out of order." Various discussion and argument continued. Alderman Brasfield stated if needed he would second the motion. Mayor Chitman advised Alderman Shelton " the chair rules and if you are out of order the chair will have you removed." Mayor Chitman advised Alderman Shelton that if he did not go on with something else or if he continued to talk he would ask the officer to remove him. -275- Alderman Shelton refused to go on to something else. Mayor Chitman advised the officer to remove Alderman Shelton from the Council Chambers. At this time, Alderman Shelton left the Council Chambers with the Police Officer and the Aldermen, with the exception of Alderman Cooper, left the Council Chambers with Alderman Shelton. Mayor Chitman stated " For lack of a quorum, it's now 4:45 p.m." Ms. Early asked the Mayor if the meeting was adjourned. Mayor Chitman answered "Yes, lack of a quorum." Meeting adjourned at 4:45 p.m. PASSED and APPROVED thisc-_,/ day of /� ✓ )wa..;-1985. N ,„.„,,,,T;)L-_______ /' 41111111° 111146° ' Leo 'hitman, Mayor ATTEST: /,/,,, , , Dan Craft, Ci y Clerk