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December 19, 1985 -290- MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 19, 1985 The regular meeting of the West Memphis City Council was held on Thursday December, 19, 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 1:30 p.m and announced the Public Hearing for revenue sharing budget was open for discussion. Being no objections or comments Mayor Chitman closed the Public Hearing at 1:35 p.m. Mayor Chitman called the City Council meeting to order at 1:38 p.m. Prayer was offered by Reverend Don Winters of the Grace Church, 311 N. Graham. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett The first item on the agenda was bid openings. Rainer Road Industrial Access Improvements EDA 08-01-02447 were opened by Eddie Brawley, Brawley Consulting Engineers, and read by City Attorney Robert Smith. BIDDER BASE BID ALT.No.1 Deduct BASE BID LESS ALT.No.2 BASE BID Alt. No. 1 Deduct Less Alt.l & 2 APAC-Tennessee $555,449.00 $1,110.00 $5544339.00 $47,144.00 $507,195.00 1311 Mud Island Memphis, TN 38101 Lehman-Roberts P.O. Box 666 Memphis, TN 38101 $581,803.76 $23,552.00 $558,251.76 $44,226.10 $514.025.66 Alderman Morris made a motion, seconded by Alderman Cooper to accept the bids and refer them to Eddie Brawley, Engineer, Mayor Chitman , and EDA for review and disposition. Upon roll call vote of the council, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton Sumpter, Brasfield, Burnett NAYS: Aldermen: None The Motion PASSED. Next bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Smith. 1-KVA TRANSFORMER BIDDER BID MAempeis,Sales Agency, Inc. $ 9,134.00 AiltlElfieck,CRRp. , Inc. $ 8,741.00 Jean s EfnX,nrprrlises $ 8,192.00 g lvEiiifeeitockecic $ 8,866.00 SturaetRC. Irb Co. $ 8,749.00 -291- Power & Telephone Supply Co . $N0 PRICE ON BID Jackson , TN TVESCO $10,490.00 Memphis, TN Electric Equipment Co. $ 9,750.00 Rochester, NY 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 disposistion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield Burnett NAYS: Aldermen: None The motion PASSED. Next, bids were taken onDemolition for the Community Development Agency. Bids were opened by Tee Gardner and read by City Attorney Robert Smith. CONTRACTOR 600 S. 9th St. 235 S. 10th St. 109 S. 16th A&B Construction $192.00 $340.00 $440.00 West Memphis, Ar. Wallace Construction $350.00 $500.00 $1000.00 Marion, Ar Johnnie Motley $175.00 $400.00 $500.00 Proctor, AR Mitchell Construction $250.00 $500.00 $900.00 Edmondson, AR Alderman Burnett made a motion, seconded by Alderman Cooper to accept the bids and refer them to the Community Development Agency for review and disposition. After roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The motion PASSED. Next bids were taken on Demolition for the Code Enforcement Office. The bids were opened by Charlie George and read by City Attorney Smith. CONTRACTOR 127 S. 12th Street 714 S. 13th Street Johnnie Motley $400.00 $300.00 Proctor, AR A&B Construction $440.00 $325.00 West Memphis, AR Wallace Construction $900.00 $450.00 Marion, AR Alderman Cooper made a motion seconded by Alderman Guin to accept the bids and refer them to the Code Enforcement Department& Mayor, for review and disposition. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None ftji The motion PASSED. Next Mayor Chitman stated the order of the agenda would be changed to move the first (2) items under Old Business forward to come after the presentation of service pins. Mayor Chitman and department heads presented 5, 10, 15, and 20 year service pins. Alderman Sumpter made a motion, seconded by Alderman Burnett, that there be a five minute recess. Upon voice vote, the voting was unanimous. The meeting recessed at 2:28 p.m. and resumed at 2:37p.m. -292- OLD BUSINESS An Ordinance to waive competitive bidding, extablishing an emergency to award Browning Ferris Industries an exclusive franchise to collect and dispose of garbage and trash in residents and apartments occupied by one family and small businesses whose garbage and trash does not exceed 3-30 gallon containers per week was read by City Attorney Smith. Alderman Dalton made a motion, seconded by Alderman Morris to table indefinitely. Discussion was held on the definition of definite and indefinite. Upon roll call vote of the council, the voting was as follows: AYES: Aldermen: Dalton, Guin, Horton,Jackson Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: Cooper, Burnett The motion PASSED. The ordinance was tabled indefinitely. Next item was the 3rd reading of an Ordinance to provide for private contracting to collect and dispose of garbage and trash, repealing Ordinance No.180 and all amendments thereto, setting fees and declaring an emergency. City Attorney Smith read the ordinance for the third time. Alderman Sumpter made a motion, seconded by Alderman Morris, to table the ordinance indefinitely. Lengthy discussion. Alderman Sumpter called for the question. Roll call vote was taken to end discussion. The voting was as follows: AYES: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: Cooper The motion PASSED. The discussion ended. Next roll call vote was taken on the original motion to table the ordinance indefinitely. The voting was as follows: Imor AYES: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield NAYS: Aldermen: Cooper, Burnett The motion PASSED. The ordinance was tabled indefinitely. Next item on the agenda was the presentation from City Attorney Smith. Mr. Smith stated that US Congress had passed a law amending the Standard Labor Act which would help the City in litigations. CITIZENS REQUESTS Virgil Shashere was present to discuss his feelings on refuge collection. KSUD Director, Harold Penn, 104 N. 5th left a message that the Mayor and City Council could come by and extend seasons greetings to the citizens if they so desired. Edith Anges, 610 Jefferson with West Memphis Oil Service was present to request a variance for a permit to put a trailer at their business for security reasons. She stated it would be for a residence. Alderman Morris made a motion, seconded by Alderman Brasfield to grant a temporary permit for one year for security reasons. Upon roll call vote, the voting was as follows: AYES: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: Cooper The motion PASSED. Next on the agenda was the correction or approval of the minutes of the City Council meeting of December 5, 1985. Alderman Jackson made a motion, seconded by Alderman Horton to approve the minutes. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None -293- Next was the second reading of an Ordinance to regulate solicitation for organizations other than charity was read by City Attorney Smith. Alderman Guin made a motion, seconded by Alderman Burnett, to adopt the Ordinance on its second reading. Discussion. Alderman Dalton made a motion, seconded by Alderman Burnett, to amend the ordinance Section 1. sub-section (2) to read canvassing by solicitors must be made between the hours of 9 a.m. and 7 p.m. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Burnett NAYS: Aldermen: Brasfield The motion PASSED. The ordinance was amended. Next there was a discussion to pass the Ordinance as amended on its second reading. The voting on the original motion to pass the ordinance on the second reading with the amendment was as follows: AYES: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Burnett NAYS: Aldermen: Cooper, Brasfield The motion PASSED. The ordinance PASSED on the SECOND reading. NEW BUSINESS An ordinance to waive competitive bidding to repair well and pump at the West Memphis Utility building for approximately $13,900.00 on ,the emergency clause was read by City Attorney Smith. Alderman Cooper made a motion, seconded by Alderman Morris, to accept the ordinance as read for the first time. Upon roll call vote, the voting was: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None. The motion PASSED. Alderman Dalton made a motion, seconded by Alderman Jackson, that the rules be suspended and the Ordinance be placed on its second reading. After roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The Motion PASSED. City Attorney read the Ordinance for the second time. Alderman Guin made a motion, seconded by Alderman Horton, that the rules be further suspended and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The motion PASSED. The City Attorney read the ordinance for the third and final time. The Mayor declared the Ordinance is open for discussion. The Mayor asked the question: "Shall the Ordinance Pass?" Alderman Morris made a motion, seconded by Alderman Dalton to accept the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The Ordinance PASSED. Alderman Guin made a motion seconded by Alderman Burnett that Section 2 of the Ordinance be adopted and the emergency clause be passed. After roll call vote, the voting was as follows: -294- AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The motion PASSED. The Mayor declared that section 2 of the Ordinance having been passed the Ordinance was effective immediately. The Ordinance was assigned No. 1235. Copy on file in the City Clerk's Office. PERMISSION REQUESTS Mayor Chitman requested permission to sign a contract recommended by lbw the West Memphis Utility Commission. City Attorney Smith stated it was his recommendation that the City Council grant this permission. Discussion. Alderman Dalton suggested this be tabled until the next City Council meeting. Mayor Chitman reported on the Highway Department Public Access Hearing on access roads. COMMITTEE REPORTS Police Commission - Alderman Jackson reported the Police Commission had met and discussed the Premium Unleaded gasoline. She stated the Police Department had no control over the type gasoline purchased. City Council recommended that Premium Unleaded fuel no longer be purchased. Alderman Burnett stated Mr. George had received the title search on the three city owned lots. Alderman Burnett made a motion, seconded by Alderman Morris, to advertise for bids to sell these three 50' residential lots. Discussion. Alderman Sumpter made a motion to get an appraisal on the lots before advertising for bids. Motion died for lack of a second. Roll call vote was taken on the original motion to authorize the Mayor to advertise for bids on tti9 3 residential lots. The voting was as follows: lir AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Aldermen: None The motion carried. Budget Committee - Alderman Morris reported the Budget Committee had met and had the following budget request: LIBRARY Salaries Account # 511-401 Decrease $3,000.00 Book Purchases Account # 512-911 Increase $3,000.00 Alderman Morris made a motion, seconded by Alderman Horton to grant this budget change. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett NAYS: Alderman: None The motion PASSED. Alderman Morris announced that there would be a budget meeting on the Sanitation Department following the City Council meeting. Sanitation Committee - Alderman Sumpter made a motion, seconded by Alderman Horton, to request the Utility Commission consider taking control of the Sanitation Department and report back. Lengthy discussion. Alderman Guin called for the question. Voice vote was taken to end debate. Alderman Sumpter requested roll call vote be taken. It wasas follows: AYES: Aldermen: Dalton, Guin, Horton, Jackson NAYS: Aldermen: Morris, Sumpter, Brasfield Due to no majority of the council the motion FAILED. Discussion continued. -295- Alderman Morris asked City Attorney Smith if it was legal for the City Council to transfer a department such as the Sanitation Department to the Utility Department. Attorney Smith stated he would take this matter under consideration. Alderman Sumpter asked that City Attorney Smith research and report back at the next City Council meeting. Alderman Dalton called for the question. Upon voice vote of the council, the voting was unanimous. Debate ended. Roll call vote was taken on the original motion to request the Utility Commission consider taking control of the Saniation Department. The voting was as follows: AYES: Aldermen: Sumpter, Brasfield NAYS: Aldermen: Dalton, Guin, Horton, Jackson, Morrislaj The motion FAILED. Alderman Dalton made a motion, seconded by Alderman Morris, to adjourn. After roll call vote, the voting was as follows: AYES: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Sumpter, Brasfield NAYS: Aldermen: None The motion PASSED. The meeting adjourned at 4:07 p.m. i day ` „imam/Li �� __ , 1986. PASSED and APPROVED this ,.� of '• ti .1 i �111111 . ��- 4 , 'a, or ATTEST: 7 -"'////: )( Dan Cra t, Cit /lerr