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April 2, 1987~- -29- MINUTES WEST MEMPHIS CITY COUNCIL APRIL 2, 1987 A regular meeting of the West Memphis City Council was held on Thursday, April 2, 1987 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. i Redding, West Memphis, Arkansas. Mayor Keith Ingram presided. Mayor Ingram called the meeting to order at 1:35 p.m. Prayer was offered by Reverend Gary Hair. City Clerk Dan Craft called the roll. Those present were: Mayor Keith Ingram City Attorney David Peeples City Clerk Dan Craft Aldermen: Gary Walker Pritchard Horton Roberta Jackson Jim Woodell Mike Hardage Roger Sumpter s Joe Brasfield Bill Burnett James Cooper Al Boals First item on the agenda was Bid Openings. Bids for the West Memphis Utility Department were opened by David Coacher and read by City Attorney Peeples. DUCTILE IRON PIPE TOTAL BIDDER BID 1400' of 12" 2400' of 8" E Taylor Foundry Co. Wichita Falls, TX No Bid Meter Service & Supply Memphis, TN $33,381.60 $11.24 ft. $6.69 ft. Bowles & Edens Co . N. Little Rock, AR $ 30, 189.60 $10.20 ft . $ 6 . 0 3 f t , Arkansas Meter & Supply Cabot, AR i $30,174.90 $10.19 ft. $6.03 ft. } ', 1 G&C Waterworks, Inc. '' ~ Atwood, TN $32, 684.40 $11.04 ft. $6.53 ft. McWayne Cast Iron Pipe ( wit h 5 % t ax ) Tulsa, OK $27, 570.90 $ 9.31 ft. $5.51 ft. Patton Supply co. Memphis, TN $36, 277.50 $12.25 ft . $7.25 ft . United States Pip & Foundry j Birmingham, AL $31, 789.80 $10.74 ft. $6.35 ft Municipal Pipe & Supply ~ Ft. Smith, AR $30,120.30 $10.17 ft. $6.02 ft. f Chris More, Inc. Memphis, TN $33, 335.40 $11 . 2E ft . $6.66 ft . Alderman Horton made a motion, seconded by Alder man Jackson to refer the bids to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. MAINTENANCE PAINTING FOR GROUND STORAGE TANK BIDDER BID J. 0. Hooker & Sons ', Thaxton, MS $13,900 Harlow Painting West Memphis, AR $14,985 Memphis Industrial Tank Sv. Memphis, TN $ 4,290 Alderman Hardage made a motion, seconded by Alderman Burnett to refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. -30- REBUILD OF 4-F SERIES HI-RANGER BUCKET UNIT BIDDER BID Chattanooga, TN $15,974.00 Alderman Hardage made a motion, seconded by Alderman Burnett to refer the bids to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. AL'~TAT TTT~TT'T' Altec Industries Birmingham, AL $10,337.00 Utility Supply & Equipment BIDDER BID (-TRADE-IN) TOTAL BID Altec Industries Birmingham, AL $16,891.00 $16,391.00 Dealer Truck Equip. Co. N. Little Rock, AR $19,678.30 $19,158.30 TECO Inc. Fort Wayne, IN $18,813.00 $17,813.00 Alderman Walker made a motion, seconded by Alderman Burnett to refer the bids to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. Next, bids for the City of West Memphis were opened by Joe Scarbrough and read by City Attorney Peeples. SANITATION PICK-UP TRUCK BIDDER BID BID WITH A/C Tom Gibson Ford West Memphis, AR $9,429.60 $10,098.21 Buchanan Chev. & Olds. Osceola, AR $9,075.00 $ 9,740.00 Alderman Hardage made a motion, seconded by Alderman Coope to refer the bids to .the Sanitation Committee for final disposition. Upon voice vote, the voting was unanimous. Next, bids for the Community Development Project No. B-86-MC-05-0009 were opened by Eddie Brawley, Engineer, and read by City Attorney Peeples. SOUTH 16th AND NORTH 8th STREET SITE IMPROVEMENTS BIDDER BID DED. AL•T. N0. 1 DED. ALT. N0. 2 Cameron Const. Co. Jonesboro, AR D.D. Freeland Southaven, MS Roberts Contracting Palestine, AR Tate General Contractors Bono, AR K.L.W. Harrisburg, AR Ross Construction Co.,Inc. Caldwell, AR Baughn Construction Co. $236,358.55 $19,928.00 $26,698.55 $303,589.93 $18,192.00 $27,071.25 $263,476.14 $19,952.00 $25,086.10 $286,214.68 $20,936.00 $27,717.92 $293,134.00 $30,040.00 $25,204.00 $272,743.00 $21,320.00 $29,020.00 Tuckerman, AR $333,490.86 $22,191.92 $30,306.86 Alderman Walker made a motion, seconded by Alderman Cooper to refer the bids to the Community Development Agency and the Mayor's Office for final disposition. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS Mrs. Dot Schoettle, present representing the Pride of Progress (POP) Organization to express unanimous support of the present sign ordinance and commended the Mayor and Code Enforcement Department for the enforcement of the Ordinance. -31- Mr. Dale Quinn present representing City Beautiful expressing their support of the sign ordinance and stated the portable signs are a hazard to traffic. Stated grateful to the City for the help they have received in making West Memphis more beautiful. Mayor Ingram and City Council expressed their appreciation to the City Beautiful Commission and the POP Organization for all the work they have done. Next item on the agenda was the correction or approval of the minutes of the March 19, 1987 City Council meeting. Alderman Burnett made a motion, seconded i by Alderman Woodell to dispense with the reading of the minutes and approve them as presented. Upon voice vote, the voting was unanimous. Next, Mayor Ingram called a Public Hearing on Revenue Sharing Budget to order. No one present for the hearing. Hearing was closed. OLD BUSINESS First item under Old Business was the third reading of an Ordinance to rezone ~ lots 2,3,4,5,10, & 11 of Block 19 of the Wheeler Subdivision, West Memphis, Ark. City Attorney Peeples read the Ordinance. Alderman Burnett made a motion, fi seconded by Alderman Jackson to adopt the Ordinance on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The Motion carried. ( Alderman Woodell was absent from the vote.) j The Ordinance was assigned No. 1283. NEW BUSINESS First item under New Business was a Resolution certifying local government endorsement of business to participate in the Arkansas Enterprise Zone Program (Heath and House Construction co. - 106 Dover Road) City Attorney Peeples read the Resolution. Alderman Cooper made a motion, seconded by Alderman Horton to approve the Resolution. Upon voice vote, the voting was unanimous. The Resolution was assigned No. ~}8-. t ~ Second item under New Business was a Resolution certifying local government Y endorsement of business to participate in the Arkansas Enterprise Zone Program i (Lodging Development Corporation - 106 Dover Road) City Attorney Peeples read the Resolution Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Resolution. Upon voice vote, the voting was unanimous. Resolution was assigned No. ~9~9~: f t Q C? Next item under New Business was Demolition Liens from the Code Enforcement Office by Mr. Charlie George on the following property: (1) Mr. Charlie Clasper $538.00 RE: 324 S. 16th St. c/o Eddie Ke11y 204 S. 13th St. 6dest Memphis, AR 72301 (2) Mr. John Cage, Jr. $357.00 RE: 402 N. 8th St. General Delivery Turrell, AR 72384 (3) Ms. Addie Coleman $412.76 RE: 127 S. 12th St. c/o C. Bayes, Sr. 964 Keel Ave. Memphis, TN 38000 (4) Mrs. Dorothy Powers Funderberg $738.00 RE: 215 S. 14th St. 701 W. Barton West Memphis, AR 72301 (5) TIr. and/or Mrs. Roosevelt Stokes $312.76 RE: 714 S. 13th St. 2502 Autumn West Memphis, AR 72301 -32- Mr. Roosevelt Stokes was present and stated he did not know there would be a charge. Alderman Cooper stated that Mr. Stokes had signed for the certified letter mailed and that the Community Development Agency had contacted him to participate in their demolition project which caould have been no cost to him and he refused to sign the necessary form. Alderman Hardage made a motion, seconded by Alderman Cooper to approve the liens and authorize the Code Enforcement Officer and the City Clerk to sign them. Upon voice vote, the voting was unanimous. Next item under New Business was an Ordinance to Waive Competitive Bidding on real property at airport described as: All that part of the West half of the West Half of the Northwest Quarter of Section 15, Township 6 North, Range 8 East, lying East of Fifteen Mile Bayou, containing 25 acres more or less. Subject to all public roads and easements, including Fifteen Mile Bayou containing 4 acres, more or less on the emergency. City Attorney Peeples read the Ordinance. Alderman Cooper made a motion, seconded by Alderman Jackson, to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Cooper to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Hardage made a motion, seconded by Alderman Burnett to further suspend the rules and the Ordinance be placed on its third and final reading. Roll call vote was: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the Ordinance. Upon roll call vote the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the Emergency Clause, Section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, r Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None The motion carried. The Ordinance was assigned No. 1284. (Waive compt.bid. Airport) The next item under New Business was a Resolution authorizing the Mayor to execute a contract for the purpose of Real Estate from the Federal land Bank of St. Louis. City Attorney Peeples read the Resolution. Alderman Boals made a motion, seconded by Alderman Burnett to approve the Resolution. Upon voice vote, the voting was unanimous. Resolution was assigned No. ~k}8-. ~S~ ~ Next, City Attorney Peeples read a Resolution concerning the settlement of the lawsuit filed by Anthony P. Miller, against the City of West Memphis, Ark; -33- Leo Chitman; and William H. Ralph Jr. in the amount of $5,500.00. Alderman Hardage made a motion, seconded by Alderman Cooper to approve the Resolution. Upon voice vote, the voting was (9) Ayes and (1) Abstaining. The motion 1ta~. carried. Resolution was assigned No.-l-~8~~ (Alderman Woodell a'pstained) Next, Martin Fretty, Director of Community Development, requested a Resolution be added to the agenda that was tabled from the last City Council _, meeting and had not been put on the agenda for this meeting. Alderman Cooper made a motion, seconded by Alderman Burnett to add the Resolution to the agenda. '! Upon voice vote, the voting was unanimous. Resolution stating the interest by the City to participate in the Arkansas Enterprise Zone Program was read by City Attorney Peeples. Alderman Hardage made a motion, seconded by Alderman Cooper to approve the Resolution. Upon voice vote, the voting was unanimous. Resolution was assigned No. ~-~. fC?q ~ ~ Alderman Burnett made a motion, seconded by Alderman Hardage to renumber the Resolutions passed today, moving the last Resolution passed before all of the Pesolutions that were passed before that one, due to the last Resolution being left off the agenda. Upon voice vote, the voting was unanimous. PERMISSION REQUESTS The following requestes were made by the Planning Commission: (1) The approval of the preliminary plat of Vanderbilt Subdivision with the ''' following stipulation: (a) waive the length of the cul-de-sac (2) approval of improvement plans. Alderman Horton made a motion, seconded by Alderman Jackson to approve the preliminary plat of Vanderbilt Subdivision. Lengthy discussion was held. Alderman Woodell made a motion, seconded by Alderman Burnett to table the Preliminary and Final Plat of Vanderbilt Subdivision until the next City Council meeting. Upon voice vote, the voting was unanimous. (2) Approval of the Preliminary Plat of North Richland Subdivision- ~ Second Addition, subject to the following stipulation: (a) statement from ~ registered engineer requesting Comprehensive Development Plan change for this area. f 1 (b) depth on lots 14-19 of Block 5 to be increased from 125' to 150'. (c} s r restricted access on lots backing up to Interstate 40 and Service Road. Discussion. '. Alderman Burnett made a motion, seconded by Alderman Woodell to approve the Preliminary Plat of North Richland Subdivision. Upon roll call vote the voting was: AYES: Aldermen; Walker, Horton, Jackson, Woodell, Sumpter, Brasfield, Cooper NAYS: Aldermen: Hardage, Burnett, Boals (3) Approval of the Final Plat of North Richland Subdivision Second Addition. Discussion. Alderman Walker made a motion, seconded by Alderman Sumpter to 4 approve. Upon roll calal vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper NAYS: Aldermen: Boals (4) Approval of the Preliminary Plat of Desoto Business Center subject to the following stipulation: (a) Street names need to be changed (b) Transportation Plan needs to meet tiaith Metropolitan Plan Organization to reflect the updated changes on the MPO Plan (c) Final Plat will be filed with the Planning Commission on a later date. Alderman Sumpter made a motion, seconded by Alderman Hardage to approve the Preliminary Plat. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals NAYS: Aldermen: None -34- During discussion, Dennis Sorrell, Chairman of the Flanning Commission suggested that the City Council receive a Planning Commission packet when they are made up for the Planning Commission members so that they would be aware of the material to be discussed. City Council members requested the Secretary of the Planning Commission do this. Dan Craft, City Clerk, requested the City Attorney and the Code Enforcement Officer amend the new Zoning Ordinance or write a new Ordinance that would prevent people from being able to purchase a license to sell merchandise on the side of the road. City Attorney to work on this matter. COMMITTEE P.EPORTS Alderman Woodell stated the Police Commission had met and gave a brief report. There was no business to come before the council. Alderman Horton stated the Budget Committee had met and had the following budget change request: GENERAL FUND INCREASE/DECREASE AMOUNT X $1,525.00 Sharing 100-376-00 X $7,600.00 Alderman Horton made a motion, seconded by Alderman Burnett to approve the budget change request. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Jackson, Woodell, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals ACCOUNT ACCOUNT N0. Franchise Tax CATV 100-312-30 Transfer from Revenue NAYS: Aldermen: None Alderman Burnett announced there would be a Public Works Committee meeting immediately following the City Council meeting. Mayor Ingram announced the next City Council meeting was Student Government Day. Alderman Walker asked that City Attorney Peeples write a letter to former Mayor Leo Chitman and ask that he return the walkie talkie that is the property of the City of West Memphis . Having no further business, Alderman Burnett made a motion, seconded by Alderman Sumpter to adjourn. Upon voice vote, the voting was unanimous. PASSED and APPROVED this day of ATTEST: IT CLER C T SECRETA CINDY EAR APRIL MA EITH INGR 1987.