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April 3, 1986 -43- MINUTES WEST MEMPHIS CITY COUNCIL APRIL 3, 1986 The regular meeting of the West Memphis City Council was held Thursday, April 3, 1986 at 1:30 p.m. in the City Council Chambers at the West Memphis City Hall, 205 S. Redding, West Memphis, Arkansas with Mayor Leo Chitman presiding. Mayor Chitman called the meeting to order at 1:34 p.m. Prayer was offered by C.H. Hurst, Minister of the First Presbyterian 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 Randy Dalton Clarence Guin Roberta Jackson Doug Morris Larry Shelton The following persons were absent: Alderman: Pritchard Horton The first item on the agenda was Bid Openings. Bids for the following two were opened by Joe Scarbrough and read by City Attorney Robert Smith. 1986 WEED CONTROL PROGRAM Southern Spray Memphis, TN $18,710.46 Alderman Dalton made a motion, seconded by Alderman Morris, to accept the bids and refer them to the Weed Control Committee for review and disposit on. Roll call vote was as follows: AYES: Aldermen: Sumpter, Brasfield Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None Alderman Cooper was absent from the vote. The motion carried. 54 GALLON DRUM OF MALATHION Holiman Equipment Co. Jackson, MS $1,035.18 per drum Alderman Burnett made a motion, seconded by Alderman Dalton, to accept t e bids and refer them to the Mosquito Control Committee for review and disposit;on. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Jackson, Morris, NAYS: Aldermen: Shelton Alderman Cooper was absent from the vote. The motion carried. TRACTOR Russell Tractor Co. West Memphis, AR $9,500.00 Tom Gibson Ford West Memphis, AR $8,345.00 Crittenden Implement Co. Marion, AR $9,878.00 -44- Alderman Burnett made a motion, seconded by Alderman Dalton to accept the bids and refer them to the Public Works Committee for review and disposition. Lengthy discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Jackson, Morris NAYS: Aldermen: Sumpter, Brasfield, Dalton, Guin, Shelton. The motion failed. DITCH BANK MOWER Alderman Dalton made a motion, seconded by Alderman Shelton to reject all bids. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Dalton, Guin, Shelton NAYS: Aldermen: Burnett, Cooper, Jackson, Morris The motion failed. Bids were opened at this time. Crittenden Equipment Co. Marion, AR $3,149.00 Holiman Equipment, Co. Jackson, MS $3,900.00 Tom Gibson Ford West Memphis, AR $3,264.00 Alderman Dalton made a motion, seconded by Alderman Shelton to reject all bids. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None PASS: Alderman: Cooper The motion carried. Bids were rejected. virmlFRONT LOADING GARBAGE CHASSIS El Dorado Truck Co. El Dorado, Ark. $57,475.10 Tri-State Mack Memphis, TN $54,150.00 Delta Ford Co. Memphis, TN $54,969.00 Southern Environmental Inc. BID ALTERNATE BID (Includes both body & truck) Memphis, TN $88,287.00 Pac Moore $86,543.00 Moody Equipment Little Rock, AR $92,212.00 (Includes both body & truck) Alderman Cooper made a motion, seconded by Alderman Dalton, to accept the bids and refer them to the Sanitation Committee for review and disposition. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Jackson, Morris NAYS: Aldermen: Sumpter, Dalton, Guin, Shelton Mayor Chitman voted AYE at this time. The motion carried. FRONT LOADING GARBAGE BODY Southern Environmental Memphis, TN $32,303.00 Moody Equipment Little Rock, AR $36,228.00 Scruggs Equipment Co. Memphis, TN $35,980.00 Bucy Equipment Co. ALTERNATE BID Rector, AR $31,871.55 (you may deduct $1,000 for 31 yds instead of 35 yds. ) -45- Alderman Cooper made a motion, seconded by Alderman Jackson, to accept the bids and refer them to the Sanitation Committee or final disposition. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Jackson, Morris NAYS: Aldermen: Sumpter, Dalton, Guin, Shelton Mayor Chitman voted AYE at this time. The motion carried. Alderman Guin made a motion, seconded by Alderman Burnett, to have a ten minute recess. Upon voice vote, the voting was unanimous. The meeting recessed at 2:39 and resumed at 2:53 p.m. CITIZENS REQUESTS Alderman Sumpter said he would speak for Larry Bishop because he was out-of-town and could not be present for the meeting. He stated Mr. Bishop requested permission for the Boy Scout Troop 727 to hold a rummage sale at the Walmart parking lot. Alderman Sumpter made a motion, seconded by Alderman Dalton to grant this request. Discussion. Roll call vote was taken: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None. The motion carried. Next item on the agenda was the approval or correction of the minutes of he March 20, 1986 City Council Meeting. Alderman Cooper made a motion, seconded ,y Alderman Burnett to approve the minutes. Upon roll call vote, the voting was: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton The motion carried. imorOLD BUSINESS First item under Old Business was the 3rd reading of an Ordinance authori.ing Aldermen and members of the City Council of the City of West Memphis, Arkansas to become interested in the profits of any concessions or vending machines placed on any property owned by the City of West Memphis, Arkansas and for other purposes. City Attorney Smith read the Ordinance for the third and final time. Alderman 'helton made a motion, seconded by Alderman Dalton to adopt on the 3rd reading. Roll .allvote: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None. PASS: Aldermen: Joe Brasfield The motion carried. The Ordinance was assigned No. 1242. Copy on record in the City Clerk's Office. Next item under Old Business was the 3rd reading of an Ordinance to amend Ordinance 956 dated January 6, 1979 to regulate fees charged for building permits and inspections within the corporate limits of the City of West Memphi-. City Attorney Smith read the Ordinance for the 3rd and final time. Alderman Burnett made a motion, seconded by Alderman Cooper to adopt on the th.rd and final reading. Discussion. Alderman Dalton stated for the record that he felt the City should go by the Southern Building Code totally. Upon roll call vote of the original motion, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None. The motion carried. The Ordinance was assigned No. 1243. Copy on file in the City Clerk's Office. Next City Attorney Smith reported on the annexation of the port property -46- which was discussed at Pre-Council. Mr. Smith stated Mr. Fred Held, Crittenden Abstract, was present at Pre-Council and reported the City could go 25' on the west side of South Avalon to the Port and that he believed the property owners would not object, or the City could survey the property and annex by election. The City Council advised for Mr. Held to proceed with the surveying. Lengthy discussion was held. Alderman Shelton made a motion, seconded by Alderman Jackson to instruct the City Attorney and the Annexation Committee to proceed with the necessary procedures to annex the entire area and put on the November ballot. Alderman Dalton stated he would like to go on record that some funding be made available for the advertising so that voters could be made aware of the benefit of the annexation. Upon a show of hands, the motion carried. Next, City Attorney Smith reported on the re-zoning ordinance discussed in Pre-Council. Mr. Smith stated the contract that was attached to the Ordinance was not enforceable by the City of West Memphis. The City Council voted in Pre-Council to remove the Ordinance on the 2nd reading to rezone lot 27 of Broadway Park Third Addition from the agenda. Discussion. Mr. Whitacomb representing William L. Johnson Company stated the contract is between William L. Johnson Co. and the Greater St. Mark Church and should not have been attached to the Ordinance and that the contract would be enforceable by William L. Johnson Co. Ordinarre to be placed on the agenda of the next City Council meeting for the second reading. so that representatives from both parties could be present. NEW BUSINESS First item under New Business was a Resolution certifying local government endorsement of Suiter Realty Co./Security Mini Systems to participate in the Arkansas Enterprise Zone Program and authorizing the Mayor to sign certain forms as required. City Attorney Smith read the Resolution. Alderman Shelton made a motion, seconded by Alderman Dalton to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None. The motion carried. The Resolution was assigned No. 1045. Copy on file in the City Clerk's Office. Alderman Shelton left the meeting at this time. Alderman Cooper made a motion, seconded by Alderman Jackson to add Ordinance (0-1) to the agenda. Upon voice vote, the voting was unanimous. An Ordinancewherby the City of West Memphis of the State of Arkansas and the Southwestern Bell Telephone Co. ; a Missouri Corp. , agree that the telephone company shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in said City; and erect and maintain its plant construction and appurtenances along; across, on; over; through; above; NMI and under all public streets; avenues, alleys; public grounds and places in said CIty; that the City shall reveive an annual payment from the telephone company; and repealing all Ordinances and agreements in conflict herewith was read by the City Attorney. Alderman Cooper made a motion, seconded by Alderman Dalton, to adopt the Ordinance on the first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Guin, Jackson, Morris, Shelton NAYS: Aldermen: None. The motion carried. Ordinance PASSED on its First reading. -47- PERMISSION REQUESTS Mayor Chitman stated he urged that the Committees meet and organize and let him know who is to be the Chairman and the Vice-Chairman. Alderman Dalton made a motion, seconded by Alderman Burnett, to re-bid the tractor with the stipulation that the secifications be written so that the City could purchase a tractor that will do the job and also that we trade in the Kabota tractor and a Pre-bid conference of the Public Works Commission be held after the City Council meeting, prior to the purchase. Upon voice vote of the Council, the voting was unanimous. Discussion was held on a city-owned chipper. Mayor Chitman advised the Utility Department is presently using the chipper that the sanitation Departme t purchased and the necessary paper work is in the process of being changed over Alderman Jackson reported that the Sanitation Committee needs to meet concerning a claim in 1985 for a box of record albums. Alderman Morris stated he thought the City Council had already denied this claim. Alderman Jackson to check the records. Mayor Chitman reported to the council that the Fireman's law suit concern.ng labor standard had been settled out of court and the City would be going to the 7-K Plan. Alderman Guin requested that if the City is going to have to rotate closi g fire stations, that the west end station be left open and rotate the two fire stations on the east end of town since they had two compared to the one station on the west end of town. Mayor Chitman advised that the Fire Commission would act on this matter. Alderman Guin asked Mayor Chitman about the salary increase for the Code Enforcement Officer that the Council had voted for. Mayor Chitman advised that the position was a Department Head and the inc.ease of the salary was a recommendation to the administration. Mayor Chitman state. he had taken this recommendation under consideration and it was up to the Mayo whether or not he would pay that particular amount and he had to consider what that position was paid in comparison with other cities and also what warrants raising the salary of one Department Head and not another. Alderman Jackson reported that Cleon Brown in the Street Department had been acting as Street Supt. since the retirement of the former Supt. in January with.ut the salary. Mayor Chitman stated that the job description is being re-written and Mr. Brown would be eligible when that position is made available. Alderman Dalton made a motion, seconded by Aldermen Jackson to adjourn. pon roll call vote, the voting was : AYES: Aldermen: Sumpter, Brasfield, Burnett, Cooper, Dalton, Jackson NAYS: Aldermen: Guin, Morris Mayor Chitman voted at this time AYE. The motion carried. The meeting adjour ed at 3:57 p.m. PASSED and APPROVED the day of �j` ,e //- , 1 /7 , ay.r Leo Chitman ATTEST: / - /1 ity Clem 0. . a"