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April 6, 1989MINUTES WEST MEMPHIS CITY COUNCIL APRIL 6, 1989 ', A regular meeting of the West Memphis City Council was held on Thursday, April 6, 1989 in the City Council Chambers at City Hall, 205 S. Redding, West ', Memphis, Arkansas at 1:30 p.m. Mayor Keith Ingram presided. Mayor Ingram called the meeting to order at 1:35 p.m. Father Gregg of Saint Michael's Catholic Church offered prayer. City Clerk Dan Craft called the roll. Those present were: Mayor Keith Ingram City Attorney David Peeples City Clerk Dan Craft Alderpersons: Richard Linsky Bill Burnett Mike Hardage Roberta Jackson Al Boals Roscoe White James Cooper Bill Pollard Pritchard Horton Sam Lehr The first item on the agenda was Bid Openings. Bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Peeples. ONE 500 KVA PADMOUNT TRANSFORMER (SEE ATTACHED BID SHEET) Alderman Burnett made a motion, seconded by Alderman Jackson to accept the bids and refer them to the West Memphis Utility Commission for final disposition. Upon voice vote, the voting was unanimous. 1500 FT. OF 6" DUCTILE IRON PIPE (SEE ATTACHED BID SHEET) Alderman Burnett made a motion, seconded by Alderman Hardage to accept the bids and refer them to the West Memphis Utility Commission for final disposition. Upon voice vote, the voting was unanimous. Next, bids for the Code Enforcement Office were opened by Charles George and read by City Attorney Peeples. DEMOLITION (SEE ATTACHED BID SHEET) Alderman Burnett made a motion, seconded by Alderman Cooper to accept the bids and refer them to the Code Enforcement Office for final disposition. Upon voice vote, the voting was unanimous. The next item on the agenda was the correction or approval of the minutes of the March 16, 1989 City Council meeting. Alderman Burnett made a motion, seconded by Alderman Hardage to dispense with reading of the minutes and approve them as presented in the packets. Upon voice vote, the voting was unanimous. NEW BUSINESS The first item under New Business was an Ordinance to waive competitive bidding on OMI Sewer Treatment Plant. Mayor Ingram called Attorney Kent Rubens forward. Attorney Rubens stated he was the attorney for the West Memphis Utility i Commission on a special matter. Mr. Rubens stated the Utility Commission authorized the General Manager, Mr. Johnson, the City Attorney, Mr. Peeples, Mayor Ingram, Attorney Rubens and any experts necessary to enter into negotiations with Operations Management International, Inc. (OMI) on a contract to take over the operations of the Wastewater Treatment Plant. Attorney Rubens stated they have come up with a contract he feels is in the best interest of the City of West Memphis. Mr. Rubens stated a notice had been published in the local newspaper of the Public Hearing concerning this matter to be held on Monday, April 10, 1989 at 5:30 p.m. at City Hall. Attorney Rubens stated he would meet with the City Council to answer any questions they may have. A meeting was set for Saturday morning, April 8, 1989 at 8:00 a.m. at City Hall. Discussion. Alderman Burnett stated the City Council has been put in the middle and also the City Council does not need to be put at risk by the Utility Commission, the operators of the plant, or the engineers or by anybody else. Alderperson Burnett further stated that the City council would expect ON1I to be notified of what is happening at the Sewer Treatment Plant and expect to be address the city as a whole because cae are a whole city. Alderperson Boals asked Alderman Linsley about a letter addressed to Mr. Johnson from EOS who was bidding on the operation of the Sewer Treatment Plant. Alderperson Linsley stated the recommendation to the council tiaas a recommendation he sought as liason to the Utility Commission. He stated that when proposals were sought one year ago, OMI was the number two choice at the time McCullough c~aas chosen. The contract was to be a short term contract with a long term feasibility. Attorney Rubens stated the contract would be subject to renewal each year, it has a nofault "divorce" clause provision whereas either party may terminate without cause, for any reason, at any time. The contract is for one year, it may be renewed up to four additional years and there is a right to terminate without } cause upon giving of ninety (90) days notice. In addition, Mr. Rubens stated there is a demobilization fee which occurs in the first, second, and third year that will be accessed and gave the example if terminated without cause, the first year would be $40,000.00. the second year would be $20,000.00, the third year would be $10,000.00 which was a negotiated item in the contract. Alderperson Boals asked Attorney Rubens if he had a problem with the city trying to fix the plant and change operators in mid stream. Attorney Rubens stated he did not because of the el~perts he has been dealing with. Mr. Gary Vaughn, Project Manager of OMI in Fayetteville, AR. Mr. Vaughn stated is desired, someone from OMI ti~aould be present for the Saturday morning meeting. So noted. Mr. Vaughn to be present at meeting. Mr. Vaughn stated OMI would like to work with the city as a client. They would like to be of service just like any other department within the city staff. Alderperson Boals asked if OMI has a problem that can not be solved with the Utility Commission or Mr. Johnson, would OMI come to the City Council with the problem. Mr. Vaughn stated yes, they c~aould. They would go through the proper chain of command and ti~aould keep the City Council informed and make available any information that they would like to have. Mr. Vaughn introduced Mr. Gary Smith who will be the Project Manager in West Memphis. Any action on the Sewer Treatment Plant to be taken after the Public Dearing 4-i0-89. i Next item under New Business was an Ordinance to waive competitive bidding for engineering services for city wide drainage basin study declaring an emergency and for other purposes. City Attorney Peeples read the Ordinance for the first time. Alderperson Cooper made a motion, seconded by Alderperson Horton to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr ', NAYS: Aldermen: None I! Alderperson Cooper made a motion, seconded by Alderperson Lehr to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: Boals Alderman Boals stated for the record the reason for his vote was due to the Ordinance being on the emergency clause. City Attorney Peeples read the Ordinance for the second time. Alderperson Cooper made a motion, seconded by Alderperson Lehr, to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, White, Cooper, '; Pollard, Horton, Lehr '~ NAYS: Aldermen: Boals Alderperson Cooper made a motion, seconded by Alderperson Lehr to further suspend the rules and the Ordinance be placed on its third and final reading. s Upon roll call vote, the voting was as follows: ,,, AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: Boals City Attorney Peeples read the Ordinance for the third and final reading. Discussion. Alderperson Jackson asked what was the emergency. Mayor Ingram stated the study will take five months. Alderperson Boals asked if any local firms had bid. Mayor Ingram stated one firm ETC/Bond Engineering had but they were not in the top three chosen. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderperson Cooper made a motion, seconded by Alderperson Horton to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: Boals Alderperson Cooper made a motion, seconded by Alderperson Horton to adopt the emergency clause, section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Burnett, Hardage, Jackson, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: Boals The Ordinance and the emergency clause was adopted and assigned No. 1379. The firm of Fisher, Phillips & Arnold was chosen. Mr. Fisher came forward and asked if the council had any questions. ' Mayor Ingram acknowledged Mr. Joe Higgins from Bond Engineering in the audience and thanked him for attending the meeting. Next item on the agenda was concerning the sale of the Boys Club to include contents. Alderperson Cooper made a motion, seconded by Alderperson Burnett to amend the contract of the sale of the Wonder City Boys Club to include the contents of the building and authorize the I~layor to sign any necessary documents so that tables & chairs may be taken off the city inventory. Upon voice vote, the voting was unanimous. Next item under New Business was an ordinance permitting the purchase of plants and flowers from businesses owned or operated by members of the City Council declaring an emergency and for. other purposes. ~i City Attorney Peeples read the Ordinance for the first time. Alderperson Lehr made a motion, seconded by Alderperson White to approve the ordinance for the first time. Upon roll call vote, the voting was as follows; AYES: Aldermen: Linsley, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett Alderperson White made a motion, seconded by Alderperson Lehr to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett City Attorney Peeples read the Ordinance for the second time. Alderperson Cooper made a motion, seconded by Alderperson Hardage to approve the Ordinance on its second reading. Upon roll call vote, the voting tilas as follo~~as: AYES: Aldermen: Linsley, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett Alderperson Cooper made a motion, seconded by Alderperson Lehr 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: Linsley, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett City Attorney Peeples read the Ordinance for the third and final time. Mayor Ingram asked, "Shall the Ordinance Pass?" Alderperson Lehr made a motion, seconded by Alderperson Pollard to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Hardage, Jackson, Boals, White, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett Alderperson Cooper made a motion, seconded by Alderperson Lehr to adopt the emergency clause section 2. Upon roll call vote, the voting was as follows: AYES: Aldermen: Linsley, Hardage, Jackson, Boals, Wliite, Cooper, Pollard, Horton, Lehr NAYS: Aldermen: None PASS: Aldermen: Burnett The Ordinance and the emergency clause was adopted and assigned No. 1380. PERMISSION REQUESTS Alderperson Horton made a motion, seconded by Alderperson Hardage to approve the budget amendments as presented. Upon voice vote, the voting was unanimous. (Copy of amendments attached) Next item discussed was Planning Commission recommendations. Alderperson Burnett made a motion Seconded by Alderperson to table items 1 & 2 of the Planning Commission recommendations as submitted. Upon voice vote, the voting was unanimous. (Copy of recommendations attached) Alderperson Burnett made a motion, seconded by Alderperson Hardage to approve items 3, 4, & 5 of the Planning Commission recommendations as submitted. Upon voice vote, the voting was unanimous. (Copy of recommendations attached) Next Mayor Ingram requested authorization to pay U.E.C. Equipment Company $77,966.00 for a Digger-Derrick & Truck as per bid specifications. Alderperson Cooper made a motion, seconded by Alderperson Burnett to authorize payment of $77,966.00 to U.E.C. Equipment Co. Upon voice vote, the voting was unanimous. Next, rlayor Ingram requested authorization to pay Bale Chevrolet $61,383.05 for six nec~a police cars. Alderperson Burnett made a motion, seconded by Alder- person Hardage to approve the payment of $61,383.05 to Bale Chevrolet. Upon voice vote, the voting Baas unanimous. P~ayor Ingram reported the City of West Memphis donated some old street sign poles to the City of Gilmore. We use 12' poles and they were in need of 10' poles which we used to use. 1~layor Ingram congratulated Alderman IIorton on his recent marriage. COMMITTEE REPORTS Alderperson Ilardage reported the Airport Commission had met and recommended rent and fuel tax status report be submitted in the City Council packets on the second meeting of each month with a cut off day of the 10th of every month. Air Show to be May 20, 1989 and stated that any local merchant that is interested in concessions at the show to contact Ms. Kaye Dawsey at the Airport. Also, any nonprofit organization to have first priority. Alderperson Jackson everyone tiJho participated in malting the annual John Gammon Wild Game Dinner a success which was held May 21, 1989. Alderperson Lehr announced there would be a Sanitation Committee meeting immediately following the City Council meeting. Alderperson Linsley announced there would be a Police Commission meeting the third Wednesday (April 19, 1989) at noon. City Clerk Dan Craft reported there was a problem ti~aith road blocks every ~Teeltend and needed to be checked for the permit . Cindy Early announced the City Employees were getting together a team to walk in the March of Dimes WalkAmerica on April 29, 1989 at 10:00 a.m. and urged all to sign up. Alderperson Burnett made a motion, seconded by Alderperson Hardage to recess the City Council meeting until April 10, 1989 at 5:30 p.m. after the Public Hearing. ', Upon voice vote, the voting was unanimous. PASSED and APPROVED this ~~-~ /~ day of ~, 1989. r-t~ r '' ATTEST : ~~ ~ ~ ~ ~ MAYOR I~~E-I-'I~- SRm ~E ~f tZ .~~ . CITY CLERK DAN CRAFT 1 `'~ ~ r T r '/ ~ ` ~~ V ~ ~ C~ CD C D ~ N (D ~ ~ ~ G . ~-.. ---~ - -5 ~ ID tt --• cn n ~ ~ ~ `~ '. a cn 3 ~ ~ ~+ ~+ o ,~ ~ ~ y~ ~..i. ,~. cn R• ~ , ~+ m o ~ ~ ~ ~ -I n 10 K ~ < G ~ W ~ ~~ ~ p ~ n 1--~ ~ (~ V Z ~ `~ /'\ \J YW ~ ~ ~' ~ H . C~ d ~ +~ ~ : .~ ~. y, R ~ ~ ~ ~ O ,: H N ~~ r ~p y H ~ ~ ~ ~ 'F ,f H _ ~' ~ f ~' ,\ ~ ) ~ °' H ~6~` O (~ ~ „ Z N s: ~ ~~ s~ ~` d ~~ ~ w ~ --~ p C z ~ y rn ~ z ~ cn ~ -n o © o '3 ~ ~ C ~' 'V ~` 3 i_.; O C z --~ --• ~ .. .~ N ns - ~ O O ~ g ~ ct Q° _ ~ '~' v + ,._ _~ -~+- ~ ~ ~ ~ r-+ ~ "O C N 'C7 -~ to ~ ` ~ sx ~ ~ cn -p ~ c-t Z R. ~ ~-- n ~ g `~ K ~ o ~ Qo ~ ~ ~ C C ~ ~ ~ ~ rn v, c ~ ~ ~ ~ ~ ~ ~... ~ ~ a~ ~ ~~ ~ `~ m ~ z ~ w ~ ~ ~ -~ 3 ~ cD o g -z ~ O ~ ~ ~ ' ~ "n "~ K O ~ ~ ~ • ~ a a ~ Z ~ --~ ~ ~ Z Z IA K ~~ v z z ~ r ~ - 0 _. ~ ~ m ~ ~' ~ ~,.,. - ~ -~ ` a -- ~ ~ K ~ V ~ ~ - ,. ~ ~: a ~ -~ • ~ O ~. t . - ~ _ . - , M ~ ;~ . b ~ 1 ~ _ t ~J ~ ~ ~ r .. v ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~. y ~V^e f 1"'~ H ^ ~ ~' Ll~ ~ N H ~ - z { ,., `~ n ~ N ~ ~ ~ t't ~ ^ m - ~'+ r fi ~ ~ h K ~ o a t'' . a c+ O ~ f't '''' R ~ 3 ~ ~ ~-. -s o o --~ -v ~.- = cv _ ~ a K x -~• C,a ~ ~ O ~'' ~ ?j F~• UQ ro N O~ -~- I ~o ~O ~'~ C7 p r;~ ~~ ~- a `../ ~` Request For Budget Change City Of West Memphis DEPARTME ~~. ....r. .. .. . + T > >tiv ... ~~ C~J~: _f ti.~.. ~,.. a .. ,a _..~ a` ~ DATE _ !~ °.,. .1L~ REQUESTEfD1 B~Yr: .-~~Z: l.'~,.~ ; 841.1! U,.~..~L. :. ,., X. ~ ^..~ ~.. .. ~y^^ay .~1: ~! 1tiS.:~ .. ...'.t-.:~. a ACCOUNT ACCOUNT NO. INCREASE DECREASE AMOUNT ! .. . -, - # ..~; ~ fi i !REASON F R REQUEST: ~. t . .... i ,Y: '.. . 3 ^...-l 1~.- \ .tea... ~. '.,.~~ .~. ~'". ~ ~ ~ .~ ABM.. .. ... _ ~ ~~ { ~~l~ , ". ,._ r ~~ 'i ~ .. 1 e ~i ~ »T4.-, ~. ~ _•F.: '.l a k~~ y', ~q,. :HOW WOU D EXPENDITURE BE FUNDED? -;~' APP _._ ... OVED: / •~ CHAIRMAN - BUDGET COMM. DATE - MAYOR' DATE DISAPP OVED: CHAIRMAN -BUDGET COMM. DATE MAYOR DATE REMARKS: 1. WHITE - ccounting 2. PINK -Department 3. YELLOW -Committee Minutes . rasT y~ * *~ t~ u ~ CITY OF WEcST MEMPtIIcS CODE ENFORCEMENT 205 S. Redding -West Memphis, Arkansas 72301 - {501) 735-2720 ~~~ T0: Mayor and City Council F OM: Nanette Alsbrook, Secretary D TE: April 3, 1989 R Planning Commission Events of March 29, 1989 1, 2, 3 The Planning Commission recommends denial of the Comprehensive Development Plan change for the property located at 300 and 364 Washington Street for C&C Erectors and Michael and Joseph Davis. The Planning Commission recommends denial of the Rezoning Application ~~03-89 for the property located at 300 and 364 Washington Street for C&C Erectors and Michael and Joseph Davis. The Planning Commission stated that they would consider a Special Permit Use for this location. Applicant stated he didn't feel the Special Permit Use would solve their problem. The Planning Commission recommends approval of the amend- ments to the Land Subdivision and Development Code as follows: 1. Amend=-Article=III;--Section~6D~Easements..= By~adding~ a-.new :subparagraph: "(5) Along street rights-of-way which are fifty (50') in width and additional five (5') utility easement for water, sanitary sewer and storm drainage purposes only shall be required on both sides of said fifty (50') right-of-way and parallel to all rights-of-ways." 2. Amend Article IV, Section 1C, Storm Drainage - By amending the introductory paragraph and adding at its end the follwoing language: "At the time other construction plans are submitted for review and approval, a grading plan must be included. The grading plan must ensure that no water will be trapped behind houses and that all yards will drain properly. Unless an established drainage system already exists, backyard drainage, with or without easements, will not be per- mitted. The City Engineer is responsible for determining .what is and is not an established drainage system. An Equal Opportunity Employer Ma Ap Pa or and City Council it 3, 1989 e two Before the two-year maintenance period for improvements can begin, the developers engineer must submit a letter stating that the grading plan has been completed. This completion is subject to the City Engineer's inspection. The maintenance period will not commence until the City is satisfied that the required and approved grading plan has been completed in all rFspects." ,~, ,~: Amend Article IV, Section 3, Maintenance Bond - By adding additional language at the end of that section as follows: "The developer's engineer shall apply in writing for the commencement of the required warranty period of the maintenance bond. Included in that written request shall be: 1. The "as constructed"grading plan, signed off by the Engineer of Record. 2. The "as constructed" street plan identifying the soil samples for the proctor test(s) was (were) taken; the location and results of the road base density tests; for asphalt streets the location and results of the asphalt density tests; and the location and results of core thickness tests, plus the lcoation of all under- ground utility and storm sewer lines that are under or within 10' of any street pavement. The plan must be signed off by the Engineer. 3. Copies of all required laboratory tests, signed- off by the laboratory." s~ The jurisdiction map was deferred until next months meeting for map changes. ro6~1 r CON~IITTEE APPOINTMENTS - 1989 BUDGET COMMITTEE Pritchard Horton, Chairman Sam Lehr Mike Hardage Richard Linsky Al Boals FIRE COMMISSION Mike Hardage, Chairman Al Boals Roberta Jackson Roscoe White, Jr. Bill Burnett POLICE COMMISSION James Cooper, Chairman Sam Lehr Pritchard Horton Bill Pollard Richard Linsky PUBLIC WORKS COMMISSION Bill Burnett, Chairman Bill Pollard Roscoe White, Jr. James Cooper Mike Hardage Dennis Sorrell Eddie Brawley Cleon Brown Ward Wimbish SANITATION COMMISSION Sam Lehr, Chairman Richard Linsky Bill Pollard Roberta Jackson Pritchard Horton Ward Wimbish Robert Bateman Frank Hill YOUTH COMMISSION Roberta Jackson Al Boals Bill Burnett Mike Hardage Roscoe White, Jr. Liaison, Utility - Richard Liaison, Airport Commission Liaison, Park Commission - Liaison, Housing Authority Liaison, A & P, Sam Lehr & Vice Mayor, Sam Lehr Lipsky ~ - Mike Hardage Roscoe White, Jr. - James Cooper Roberta Jackson i .- COMMITTEE APPOINTMENTS - 1989 DESIGN REVIEW COMMISSION Pat Magruder, Sr., Chairman Alex Coulter Jack Avery Jim Pugh Mary Carter Toney M. L. "Butch" Pike Roger Sumpter Frank Martin Sam Lehr PLANNING COMMISSION Eddie Brawley Jack Woodard -- SA~vt ~YO,IS BOARD OF ADJUSTMENT Roy Key Bill Felty Larry Gage Randy Catt Milton Shelton Powell Fowler Taylor Crews Dan Shepard Eli King Alf red Smith i PORT AUTHORITY Ed Bogard AUDITORIUM COMMISSION Patti Rainey Jesse Cooper LIBRARY BOARD Mrs. Pat Frills Mrs. Eula Dorsey COMMITTEE APPOINTMENTS - 1989 BOARD OF EXAMINING & LICENSING, PLUMBERS David Annis Solomon Boston Richard Epting Ed Horton BOARD OF EXAMINING & LICENSING ELECTRICIANS Rick Griffin Stanley Clark Kenneth Foster Clyde Whitfield Charles George