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May 5, 1988r _. ~ ,~ A MINUTES WEST MEMPHIS CITY COUNCIL MAY 5, 1988 A regular meeting of the West Memphis City Council was held on Thursday, May 5, 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 1:42 p.m.. Alderman James Cooper offered prayer. i j 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 Sam Lehr Bill Burnett Mike Hardage Roger Sumpter Roberta Jackson Al Boals Joe Brasfield James Cooper First item on the agenda was Bid Openings. Bids for the City of West [emphis were opened by Joe Scarbrough and read by City Attorney Peeples. 'WO CID CARS IDDER BID ~el Perry Ford est Memphis, AR $22,953.22 Alderman Burnett made a motion, seconded by Alderman Cooper to accept he bid and refer to the Police Commission for final disposition. Upon oice vote, the voting was unanimous. WO COMMERCIAL LAWNMOWERS IDDER BID ALTERNATE 1 ALTERNATE 2 ALTERNATE 3 ob Ladd Co. (17 HP) D. (21 HP) G. (27 HP) G. emphis, TN $12,780.00 $11,650.00 $13,578.00 -45- rittenden Implement Co. (24 HP) G. arion, AR $16,066.00 (Requested 5% Ark. preference) Alderman Cooper made a motion, seconded by Alderman Burnett to accept the ids and refer them to the Parks and Recreation Commission for final disposition. pon voice vote, the voting was unanimous. Next, bids for the West Memphis Utility Department were opened by Dennis ~rrell and read by City Attorney Peeples. FUND CITY RAILROAD BORE IDDER BID & R Boring, Inc. arrest City, AR $85.00 per ft. _ $6,800.00 ~.rroll Brothers Construction ~.lestine, AR $80.00 per ft. _ $6,400.00 ~.in Construction ~.n Buren, AR $93.50 per ft. _ $7,480.00 emphis Boring & Tunneling live Branch, MS $58.00 per ft. _ $4,640.00 Alderman Burnett made a motion, seconded by Alderman Walker to accept the '',bids and refer them to the Utility Commission for final disposition. Upon voice vvote, the voting was unanimous. i i f -46- Next, bids for the Street Improvement Program were opened by Eddie Brawley and read by City Attorney Peeples. BIDDER BASE BID DEDUCTIVE ALT. 1 APAC-TN, Inc. Memphis, TN $475,815.05 $35,377.50 Lehman Roberts Co. Memphis, TN $644,446.95 $44,498.00 Alderman Burnett made a motion, seconded by Alderman Cooper to accept the bids and refer them to the Public Works Committee 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 April 21, 1988 City Council meeting. Alderman Cooper made a motion, seconded by Alderman Horton to dispense with the reading of the minutes and accept them as presented in the packets. Upon voice vote, the voting was unanimous. OLD BUSINESS First item under Old Business was the second reading of an Ordinance to amend Ordinance 1258 regarding Zoning Regulations for the City of West Memphis, Arkansas. City Attorney Peeples read the Ordinance for the second time. Alderman Sumpter made a motion, seconded by Alderman Lehr to approve the Ordinance on its second reading. Alderman Burnett made a motion, seconded by Alderman Sumpter, to amend the Ordinance adding in Section 7. Article V, Section 6 of the zoning regulations adopted by Ordinance 1258 is hereby amend to read as follows: For all residential uses located within any zoning district, an ornamental fence, hedge, or wall not more than three and one-half feet (32') in height may project into or enclose any required front or side yard, provided that visibility at intersections is maintained in accordance with the provisions of Section 10 of this Article. Ornamental fences, hedges, or walls may project into the side yard from the front building line of the structure to the rear lot line, and into the rear yard, provided such fences or walls do not excess a height of seven (7) feet. All fencing for any commercial or industrial use within any zoning district within the City may be located only in accordance with specific requirements and approvals granted by the Design Review Commission of the City of West Memphis. Roll call vote taken on the second reading of the Ordinance as amended: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper NAYS: Aldermen: None The Ordinance PASSED on its SECOND reading as amended. Second item under Old Business was the third reading of an Ordinance amending Ordinance No. 453 to require application for a permit to move any -~ buildin that is to be located within the City of West Memphis, declaring an g ~ emergency and for other purposes. City Attorney Peeples read the Ordinance for the third and final time. Alderman Walker made a motion, seconded by Alderman Cooper to amend the Ordinance adding the fee structure of $40.00 for an inspection within Crittenden County and $40.00 plus .20~ per mile for any inspection outside of Crittenden County. Discussion. Upon roll call vote, the voting was as follows: -47- AYES: Aldermen: Walker, Horton, Lehr, Hardage, Sumpter, Jackson, Boals, Cooper NAYS: Aldermen: Burnett, Brasfield The motion carried. Alderman Hardage made a motion, seconded by Alderman Lehr to approve the Ordinance on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Hardage, Sumpter, Jackson, Boals, Cooper NAYS: Aldermen: Burnett, Brasfield The Ordinance Passed on its Third reading. Alderman Walker made a motion, seconded by Alderman Horton to adopt the ~ Emergency Clause Section 4. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Hardage, Sumpter, Jackson, Boals, Cooper NAYS: Aldermen: Burnett, Brasfield The Ordinance was adopted and assigned No. 1342. (Amending 453-Permit to move bldg.) NEW BUSINESS First item under New Business was a Resolution authorizing the Mayor and City Clerk to sign the Alen Site Potentially Responsible Party Participation Agreement. City Attorney Peeples read the Resolution. Alderman Hardage made a motion, seconded by Alderman Walker to adopt the Resolution. Upon roll call vote, the voting was as follows: i AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, ~ Sumpter, Jackson, Boals, Brasfield, Cooper NAYS: Aldermen: None The Resolution was assigned No. 1146. The second item under New Business was a Resolution authorizing the Mayor and City Clerk to execute documents necessary for applying for financing through the EDA for improvements to Thompson and Walker Streets. City Attorney Peeples read the Resolution. Alderman Burnett made a motion, seconded by Alderman Hardage to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper NAYS: Aldermen: None The Resolution was assigned No. 1147. The third item under New Business was a Resolution supporting the handi- capped persons access to parking Act of 1985, as amended, and encouraging all persons doing business with the public in the City to be familiar with and comply with the requirements of the Act. City Attorney Peeples read the Resolution. Alderman Burnett made a motion, seconded by Alderman Sumpter to adopt the Resolution. Discussion. Alderman Cooper to notify the Police Commission of the Resolution and the enforcement of handicapped parking. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper NAYS: Aldermen: None The Resolution was assigned No. 1148. The next item under New Business was an Ordinance to amend Ordinance 1062 on the emergency. Alderman Cooper made a motion, seconded by Alderman Burnett to suspend the rules and for the City Attorney to read the title only. Upon voice vote, the voting was all for with the exception of Alderman Brasfield. City Attorney Peeples read the Ordinance. Alderman Cooper made a motion, seconded by Alderman Walker to approve the Ordinance on its first reading. Mayor Ingram called for a voice vote. Alderman Brasfield requested roll call vote. Upon roll call vote, the voting was as follows: -48- AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield Alderman Burnett made a motion, seconded by Alderman Walker to suspend the rules and place the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield City Attorney Peeples read the Ordinance for the second time. Alderman Horton made a motion, seconded by Alderman Cooper to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield Alderman Burnett made a motion, seconded by Alderman Horton to further suspend the rules and place the Ordinance on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield City Attorney Peeples read the Ordinance for the third and final reading. Discussion. Alderman Hardage made a motion, seconded by Alderman Walker to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield Alderman Burnett made a motion, seconded by Alderman Cooper to adopt the Emergency Clause Section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Boals, Cooper NAYS: Aldermen: Sumpter, Jackson, Brasfield The Ordinance PASSED and was assigned No. 1343. (Amend 1062) Next Ward Wimbish, City Engineer gave a report on proposals submitted from engineering companies on the evaluation of the feasibility of installing pumping stations in the southeast part of town and on ditch ~~12 to alleviate the flooding .problems we have in two areas: (1) South of Broadway and East of 7th Street (2) West of 7th Street and Jackson St. south. Mr. Wimbish stated that eleven companies had responded and each proposal was graded based on many factors. It was recommended the City Council approve the contract caith Bond Engineers and E.T.C. Engineering Company out of Little Rock. Discussion. Alderman Horton made a motion, seconded by Alderman Lehr to give Mayor Ingram and the City Clerk authorization to execute a contract with Bond Engineering and E.T.C. Engineering Co., Inc. for the drainage proposal. Upon roll call vote, the voting was as follows: AYES: Aldermen: Walker, Horton, Lehr, Burnett, Hardage, Sumpter, Jackson, Boals, Brasfield, Cooper NAYS: Aldermen: None PERMISSION REQUESTS Plannin Commission re uested a roval of a Plannin Commission Resolution g ~ PP g ~~01-88 for $1,500.00 to update the Zoning Ordinance ~~1258 and amendments, city zoning map, and city Comprehensive Development Plan maps. This will consist of approximately 500 Comprehensive Development Plan maps for distribution. Alderman Cooper made a motion, seconded by Alderman Sumpter to approve the Planning Commission recommendation as submitted. Upon voice vote, the voting was unanimous. -49- Next item discussed Alderman Cooper made a motion, seconded by Alderman Horton to give the Mayor the authority to pay McCrory Electric Co. $76,199.53 for a water control system. Upon voice vote, the voting was unanimous. Alderman Burnett announced there would be a Public Works Committee meeting immediately following the City Council meeting. Alderman Walker announced there would be an Insurance Committee meeting Friday morning at 8:00 a.m. at City Hall. Mayor Ingram announced the air show at the Municipal Airport would be ', May 21st and 22nd. Alderman Horton reported the Police and Fire Department false alarm calls are a problem. Alderman Cooper announced there would be a Police Commission meeting, Wednesday at 12:00 noon in the Chief's Office. Next, Mayor Ingram announced he was appointing Alderman Gary Walker as Vice-Mayor for the City of West Memphis. Mayor Ingram announced there would be a Public Hearing concerning Community Development money at 5:30 p.m. on this day. Alderman Burnett made a motion, seconded by Alderman Sumpter to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:50 p.m. PASSED and APPROVED this ~- day of ~- °~ , 1988. MAYOR KEI~'H/ INGRAM ATTEST: CITY C D AFT "~.' ~~: SECRETA Y CINDY EA Y I