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March 3, 1988-17- MINUTES WEST MEMPHIS CITY COUNCIL MARCH 3, 1988 A regular meeting of the West Memphis City Council was held on Thursday, March 3, 1988 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Keith Ingram presided. Mayor Ingram called the meeting to order at 1:38 p.m. Prayer was offered by Reverend Bill Connell of the First United Methodist `i ~ Church. City Clerk Dan Craft called the roll. Those present were: Mayor Keith Ingram City Attorney David Peeples City Clerk Dan Craft Aldermen: Roberta Jackson Al Boals Joe Brasfield James Cooper Gary Walker Pritchard Horton Sam-Lehr Bill Burnett Mike Hardage Roger Sumpter First item on the agenda was a Resolution approving a settlement agreement in Federal Energy Regulatory Commission Docket Number ER82-705-002, ET.AL., providing for amendments to the Power Coordination Interchange and Transmission agreements subject thereto, and for other purposes. This Resolution was a E i recommendation from Mr. Bill Johnson, General Manager of the Utility Department r and the Utility Commission. City Attorney Peeples read the Resolution. Alderman Lehr made a motion, seconded by Alderman Hardage to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None The Resolution PASSED. The Resolution was assigned No. 1137. Next on the agenda was Bid Openings. Bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Peeples. DIESEL POWER-UNIT BIDDER BID Cummins Mid-South, Inc. Memphis, TN $15,311 J.A. Riggs Tractor Co. West Memphis, AR $20,250 ONE DIGGER DERRICK AND TRUCK BIDDER BID Altec Industries, Inc. Birmingham, AL $84,450.12 Dealers Utility Equipment Co. Inc. N. Little Rock, AR $91,781.21 UEC Equipment Co. Oklahoma City, OK $78,619.80 1,008 ft. of 8" CLASS 50 DUCTILE IRON PIPE BIDDER BID U.S. Pipe & Foundry Birmingham, AL McWayne Cast Iron Pipe Co. Tulsa, OK $6,783.84 $7,017.19 -18- BIDDER CONTINUED BID Chris-More Inc. Memphis, TN $6,511.68 Arkansas Meter & Supply Inc. Cabot, AR $6,824.56 Bowles & Edens Co. N. Little Rock, AR $6,667.32 Municipal Pipe & Supply Little Rock, AR $6,667.32 Meter Service & Supply Co. Memphis, TN $6,380.64 G.& C. Waterworks, Inc. Atwood, TN $6,894.72 Alderman Cooper made a motion, seconded by Alderman Jackson to accept the bids and refer them to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. Next bids for the Community Development Agency were opened by Tee Williams and read by City Attorney Peeples. EMERGENCY HOUSING REPAIRS - ELECTRICAL BIDDER 300 N. 8th 307 N 11th 400 N 12th 212 S. 9th 608 S. 9th ~?05VanBurea7.l5 S. 8th 2301 Monroe Jackson Const. Co. -0- 995.00 890.00 690.00 735.00 500.00 -0- 635.00 Whitfield Plumb.& Electrical -0- 835.59 850.00 535.00 625.00 222.00 -0- 735.00 EMERGENCY HOUSING REPAIRS -PLUMBING (SAME AS ABOVE) BIDDER Jackson Const. Co. 165.00 -0- 3,005.00 945.00 155.00 275.00 -O- 530.00 Whitfield Plumb & Elec. 425.00 -0- 935.00 1,017.00 355.00 212.00 -0- 575.00 EMERGENCY HOUSING REPAIRS - (SAME AS ABOV E) GENERAL CONSTRUCTION BIDDER Jackson Const. Co. 3,708.00 2,003.00 1,700.00 1,300.00 1,450.00 1,240.00 1,050.00 1,250.00 W&W Construction 1,645.00 3,889.00 1,789.00 1,939.00 2,224.00 1,689.00 1,839.00 1,889.00 Jesse Booker Const. 3,040.00 2,629.00 1,876.00 2,170.00 2,190.00 2,095.00 1,87b.00 2,129.00 Ron Buchanan Const. 1,210.00 2,461.96 1,680.04 1,383.62 1,440.82 1,365.34 1,065.02 1,440.82 Alderman Burnett made a motion, seconded by Alderman Hardage to accept the bids and refer to the Community Development Agency for final disposition. Upon voice vote, the voting was unanimous. Next item on the agenda was the correction or approval of the minutes of the City Council meeting of February 18, 1988. Mayor Ingram noted that Alderman Cooper was absent from that meeting due to being sick with the flu. Alderman Hardage made a motion, seconded by Alderman Burnett to dispense with the reading~lf of the minutes and approve them as presented in the packets. Upon voice vote, the voting was unanimous. OLD BUSINESS First item under Old Business was the third reading of an Ordinance to rezone lots 1,2, and 3, Block 8; Lots 1,2,3,4,5, and 6, Block 9; Lots 1,2,3,4,5, and 6, Block 25; and Lots 1,2,3,4,5,6,7,8,9,10,11, and 12, Block 34, extension of M.L. Thompson's First Subdivision, West Memphis, Arkansas. City Attorney Peeples read the Ordinance for the third and final reading. -19- ~~~ Alderman Hardage made a motion, seconded by Alderman Walker to approve the Ordinance on its third reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None The Ordinance PASSED and was assigned No. 1331. NEW BUSINESS First item under New Business was a Resolution authorizing settlement of the !, lawsuit between ACORN and the City of West Memphis regarding Ordinance No. 1236. ` City Attorney Peeples read the Resolution. Alderman Hardage made a motion, seconded by Alderman Sumpter to approve. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None The Resolution was assigned No. 1138. Next item under New Business was a Resolution authorizing the sale of certain property from the City of West Memphis to John Olden Pulluiam and Katherine Pulluiam. City Attorney Peeples read the Resolution. Alderman Cooper made a motion, seconded by Alderman Jackson to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None The Resolution was assigned No. 1139. The next item under New Business was an Ordinance to approve a contract j for the purchase of an option to acquire certain property for the West Memphis Municipal Airport waiving competitive bidding, declaring an emergency and for other purposes. City Attorney Peeples read the Ordinance for the first time. Alderman Hardage made a motion, seconded by Alderman Horton to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Hardage made a motion, seconded by Alderman Horton to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second time. Alderman Hardage made a motion, seconded by Alderman Horton to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None 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. Upon roll call vote, the voting was as follows: -20- AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Discussion. Mayor Ingram asked "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Walker made a motion, seconded by Alderman Burnett to adopt the emergency clause section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None The Ordinance was adopted and assigned No. 1332. The next item under New Business was an Ordinance accepting and annexing to the City of West Memphis, Arkansas a 63.56 acre tract of land lying in the north 2 of section 10, Township 6 North, Range 8 East. Alderman Walker made a motion, seconded by Alderman Burnett to suspend the rules and the City Attorney read the title only. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance. Alderman Walker made a motion, seconded by Alderman Cooper to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Walker asked Attorney Sloan if the hog pen would be moved. Mr. Sloan stated they were aware that the hog pen was causing problems and would most likely be removed by the third reading of the Ordinance. The Ordinance PASSED on its FIRST reading. Next item under New Business was an Ordinance granting a special permit use of lots 12, 13, 14, 15, Block 166, Kendal Subdivision to the City of West Memphis, Arkansas (128 S. 20th) on the emergency. City Attorney Peeples read the Ordinance for the first reading. Alderman Jackson made a motion, seconded by Alderman Lehr to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Lehr made a motion, seconded by Alderman Horton to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, i the voting was as follows: AYES: Aldermen: Jackson, Cooper, Walker, Horton, Lehr, Burnett, Hardage, w Sumpter NAYS: Aldermen: Boals PASS: Aldermen: Brasfield City Attorney read the Ordinance for the second time. Alderman Brasfield made a motion, seconded by Alderman Cooper to table the Ordinance for two weeks. Upon roll call vote, the voting was as follows: -21- i ~', Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Horton made a motion seconded by Alderman Lehr to adopt the emergency clause section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Horton, Lehr, Burnett, Sumpter AYES: Aldermen: Boals, Brasfield, Cooper, Walker, Hardage, Sumpter ': NAYS: Aldermen: Jackson, Horton, Lehr, Burnett The motion carried. The Ordinance was tabled until March 17th.(Passed lst reading) Next under New Business was an Ordinance to rezone the property described '' below as part of a tract of land lying in the E2 of T-6-N, Section 14, R-B-E, '~ Crittenden County, Arkansas, in the City of West Memphis, Arkansas. Alderman Hardage made a motion, seconded by Alderman Lehr to table the Ordinance until a study is received from Federal Emergency Management Agency (FEMA) approving this as recommended by the Planning Commission. Upon roll call k vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker, Horton „ Lehr, Hardage NAYS: Aldermen: Burnett, Sumpter The motion carried. Next item under New Business was an Ordinance to waive competitive bidding on motor fuel purchases, establishing an emergency and for other purposes. City Attorney Peeples read the Ordinance. Alderman Lehr made a motion, seconded by Alderman Burnett to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Alderman Lehr made a motion, seconded by Alderman Hardage to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker 4 Horton, Lehr, Burnett, Hardage, Sumpter ' NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the second reading. Alderman Burnett made a motion, seconded by Alderman Hardage to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None (Alderman Walker was absent from the vote.) Alderman Burnett made a motion, seconded by Alderman Cooper to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked "Shall the Ordinance Pass?" Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, _ ~_ -22- NAYS: Aldermen: None (Alderman Walker and Hardage absent from the vote) The Ordinance PASSED and was assigned No. 1333. (Waive Compt. bidding- fuel) (Alderman Walker and Hardage returned) PERMISSION REQUESTS First item discussed was the 1988 Street and Drainage Program. Alderman Burnett made a motion, seconded by Alderman Horton to approve the 1988 Street and Drainage Program and continue under the Brawley Engineering firm granting the Mayor approval to enter into the standard agreement with Brawley Engineering. for the Street Program and Bond Consulting Engineers for the Drainage Program. Upon roll call vote, the voting was as follows: ~ AYES: Aldermen: Jackson, Boals, Brasfield, Cooper, Walker Horton, Lehr, Burnett, Hardage, Sumpter NAYS: Aldermen: None Next item under Permission requests was a request from the Code Enforcement Office to increase thier petty cash from $50.00 to $100.00. Alderman Cooper made a motion, seconded by Alderman Burnett to increase the petty cash in the Code Enforcement Office. Upon voice vote, the voting was unanimous. Next item under Permission requests was a request from Cindy Early to charge off $3,218.15 in Emergency Medical Services uncollectable ambulance bills. Alderman Hardage made a motion, seconded by Alderman Burnett to approve. Upon voice vote, the voting was unanimous. Next item under Permission Requests was a request from the Planning Commission for approval of the Final Plat of Dacbra Subdivision prepared by Bond Consulting Engineers, Alderman Hardage made a motion, seconded by Alderman Horton to approve the final plat of Dacbra Subdivision contingent upon the owner entering into a tri-party agreement for construction of Thompson Avenue and granting Mayor Ingram permission to sign the tri-party agreement contract. Upon voice vote, the voting was unanimous. Mayor Ingram requested permission to pay Tom Gibson Ford $50,333.44 for the four new police cars added to the agenda. Alderman Walker made a motion, seconded by Alderman Burnett to add this item to the agenda. Upon voice vote, the voting was unanimous. Alderman Walker made a motion, seconded by Alderman Burnett to give Mayor Ingram permission to pay Tom Gibson $50,333.44. Upon voice vote, the voting was unanimous. Next Mayor Ingram announced that Suzanne Percer had resigned from the Library Board and requested the City Council confirm the appointment of Lynn Allen to the Library Board. Alderman Walker made a motion, seconded by Alderman Burnett to confirm the appointment. Upon voice vote, the voting was unanimous. Next, Mayor Ingram announced he had received the resignation of Lee Cramer, the Director of Parks and Recreation and will be effective March 31, 1988. Mayor Ingram stated they would be advertising for this position immediately. COMMITTEE REPORTS Alderman Burnett stated there would be 10.75 miles of streets either reconstructed or overlayed in the 1988 Street Program at a cost of $654,695.00 and major drainage improvement will be made at a cost of $315,000.00. Alderman Cooper announced there would be a Police Commission meeting Monday, in the Chief's Office at 12:00 noon. City Clerk Dan Craft stated there was a problem with peddlers on Broadway selling various item without a license. Mayor Ingram to send a memo to Code Enforcement and the Police Department. Alderman Burnett made a motion, seconded by Alderman Hardage to adjourn. Upon i _23_ voice vote, the voting was unanimous. The meeting adjourned at 2:45 p.m. ~' PASSED and APPROVED this j '~ ~L day of `TY~T~i1~.~ 1988 . n MAYOR KITH INGRAM ATTEST: ~~ CINDY EARLY, SECRETARY