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February 7, 1985-36- MINUTES WEST MEMPHIS CITY COUNCIL February 7, 1985 A regular meeting of the West Memphis City Council was held on Thursday, February 7, 1985 at 1:30 p.m., in West Memphis, Arkansas, at City Hall, 205 South Redding Stree t, in the Council Chambers with Mayor Leo Chitman presiding. The first item of business on the agenda w as bid openings for the Utility Department and Police Departmen t. City Attorney Smith opened and read the following bids: WEST MEMPHIS UTILITY DEPARTMENT: 1985 Truck for Sewer Plant: Tom Gibson Ford $17,387.93 Alternate ~~l - Optional 429 U-8 Engine 232 H.P. at 3600 RPM $675.00 Alternate ~~2 - Optional Forward Tilting Hood - $431.20 SEWER CLEANER TRUCK MOUNTED: Gra-Co., Inc. $24,409.84 5°o AR Preference Cabot, AR Southern Environmental $23,909.60 Memphis, TN W. W. Williams $24,367.00 (no tax) Memphis, TN 1985 Half Ton Pick-Up Truck - 4 Wheel Drive: Hugh Chalmers Chev. $10,791.94 Tom Gibson Ford $ 9,971.00 1985 One Ton Pick-UP Truck: Tom Gibson Ford $11,431.30 3500 FT 10" Class 200 PUC Pipe Municipal Pipe Supply Fort Smith, AR Meter Supply Service Memphis, TN Central Pipe Supply Memphis, TN Ark. Meter Repair Cabot, AR Bowles & Edens Co. North Little Rock, AR $4.89 Ft. $5.04 Ft. $5.34 Ft. $5.03 Ft. Less 2°b Discount 10 days $5.19 Ft. Pumps & Controls - Mound City Pump Station Southern States Ind. Memphis, TN Parson & Sanderson, Conway, AR Inc. $10,830.00 Inc. $ 7,875.00 -37- Transformer Maintenance Contract: Ark. Electric Co-op, Inc. $3,245.00 Little Rock, AR Jimelco, Inc. $2,874.00 Jacksonville AR , Dowzer Electric No Quo te Mt. Vernon, ILL Bowles & Edens No Quo te North Little Rock, AR Padmount Transformers 2 - 50 KUA a nd 1 - 75 KVA Padmount Transformer Central Maloney Pine Bluff AR 2 - 50 KUA $1,062.00 each , 1 - 75 KUA $1,399.00 each Arkansas Electric Co-Op 2 - 50 KUA $1 014.00 each Little Rock, AR 1 - 75 KUA , $1,306.00 each Diversified Electric 2 - 50 KUA $1 025.00 each North Little Rock, AR 1 - 75 KUA , $1,275.00 each TVESCO Memphis TN 2 - 50 KUA $1,049.00 each , 1 - 75 KUA $1,260.00 each Nat'l Electric Supply 2 - 50 KVA $1 070.00 each Memphis, TN 1 - 75 KUA , $1,456.00 each Dowzer Electric 2 - 50 KUA $1 053.00 each c/o Vincent Sales 1 - 75 KUA , $1,304.00 each Memphis, TN Stuart Irby Company A. B. Chance Little Rock, AR 2 - 50 KUA $1,027.00 each 1 - 75 KUA $1,230.50 each Howard 2 - 50 KUA $1,027.00 each 1 - 75 KUA $1,394.00 each 2000 KUA Padmount Transfo rmer: Stuart Irby Co. Little Rock, AR AR Electric Co. Little Rock, AR National Electric Memphis, TN TVESCO Memphis, TN Diversified Elect. Supply North Little,Rock, AR Jeanes Enterprises Memphis, TN $24,221.00 McGraw Edison $26,500.00 Niagara Trans. Co. $22,052.00 Niagara Trans. Co. $24,032.70 $20,149.00 G. E. $24,740.00 Kuhlman $21,440.00 RTE $28,940.00 W. li. $20,575.00 Vantran $14,778.00 Balteau Standard Alderman Dalton made the motion, seconded by Alderman Burnett, to accept all the bids, and refer all the bids to the Utility Department for review and dispoition. Upon voice vote of the Council, the voting was unanimous. -38- City Attorney Smith opened and read the following bids for the Police Department: RADIO EQUIPMENT: Communications Electronics Little Rock, AR Peacocks Electronics West Memphis, AR ONE (1) CID UNIT Tom Gibson Ford THREE (3) B/W POLICE UNITS $74,277.32 $79,722.24 1 LTD 4/D Sedan $8,947.00 Tom Gibson Ford 1 - LTD 4/D Sedan $10,723.00 Crown Victoria per unit Alderman Morris made the motion, seconded by Alderman Guin, to accept all the bids and refer them to the Police Commission for disposition. Upon voice vote of the Council, the voting was unanimous. Mayor Chitman called the meeting to order at 2:04 p.m. Prayer was offered by Reverend Athoff, St. Michael's Catholic Church. Mayor Chitman requested City Clerk Dan Craft to call the roll. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett Mayor Chitman declared a quorum. CITIZENS REQUEST: Mrs. Norma Harvey, 1850 North Avalon, representing Peacock's Electronics, stated that since Motorola does not have a city privilege license they request the City Council to disregard their bid. Discussion. City Attorney Smith stated they did not have to have a license to bid. Mayor Chitman called for a motion to regard or diregard the request. Alderman Guin made the motion, seconded by Alderman Burnett, to reject her request. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed. -39- At this time Mayor Chitman requested the summary of the lawsuit - Jiles (and 12 Firemen) U. City of West Memphis, Arkansas be moved up on the agenda and heard at this time. City Attorney Robert Smith stated the City Council needed the details and knowledge of what is alleged and what happened. Discussion. Mr. James Moore, of the Friday, Eldredge & Clark Law Firm of Little Rock, Arkansas gave the summary of each of the complaints and allegations. Discussed in detail. Mr. Moore went over exactly what the settlement offer entailed. Lengthy discussion. Several of the Aldermen made statme~nts pro amd con for settlement. Alderman Horton made the motion, seconded by Alderman Brasfield, to authorize City Attorney Smith and Mr. James Moore to proceed with the litigation in court, and employ all proper personnel to pursue this litigation. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: Cooper, Jackson. The motion passed. A ten minute recess was requested. Meeting recessed at 3:29 p.m. Mayor Chitman called the meeting back to order at 3:47 p.m. City Attorney Smith stated he had an opinion from Rose Law Firm concerning the $20,000.00 in lieu of taxes payment from Taylor Machine Company. They recommend the City settle for $5,335.00 as the machinery was moved out in 1983 and the payment in lieu of taxes cannot be more than the advalorem taxes. Discussion. Alderman Guin made the motion, seconded by Alderman Burnett, to accept the recommendation and bill Taylor Machine Works for $5,335.00. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed. City Attorney Smith requested the City Council to advise him on the litigation - Mrs. Louise Wheeler He had sent the City Council a letter about the settlement and it was discussed in pre-council. Alderman Shelton made the motion, seconded by Alderman Guin, to reject the offer. Upon roll vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, h1orris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed. The next item on the agenda was the approval or correction of the Minutes for the January 17, 1985 City Council meeting. Alderman Morris made the motion, seconded by Alderman Dalton, to approve the Minutes for the January 17, 1985 City Council meeting as presented. Upon voice vote of the Council, the voting was unanimous. -40- The only item under old business was the third reading of an Ordinance to amend Section Eight (8) of Ordinance No. 1069. Read by the City Attorney for the third and final time. Alderman Jackson made the motion, seconded by Alderman Morris, to table the Ordinance indefinitely. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Horton, Jackson, Morris, Sumpter, Burnett. N0: Aldermen: Guin, Shelton, Brasfield. The motion passed. At this time the Council engaged in a discussion on whether the Ordinance could be brought back up again. City Attorney stated "indefinitely" meant to kill the Ordinance. Discussion. City Attorney requested a five minute recess to look the definition up in the book. Meeting recessed at 4:00 p.m. Mayor Chitman called the meeting back to order at 4:06 p.m. City Attoney read, what effect postponed procedure - to postpone indefinitely, to kill a motion or a report indefinitely. If you want a Ordinance or Resolution to come back on the agenda: To refer a motion or report definitely. Discussion. Alderman Jackson made the motion, seconded by Alderman Horton, to expunge the record of the above vote. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Horton, Jackson, Morris, Burnett. N0: Aldermen: Dalton, Guin, Shelton, Sumpter, Brasfield. As the vote was tied, Mayor Chitman voted "AYE". The motion passed. Alderman Jackson made the motion, seconded by Alderman Cooper, to table the Ordinance on its third reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Horton, Jackson, Morris, Burnett. N0: Aldermen: Dalton, Guin, Shelton, Sumpter, Brasfield. As the vote was tied, Mayor Chitman voted "AYE". The motion passed. The first item under new business was the reading of a Resolution of the City Council of the City of West Memphis, Arkansas, authorizing the Mayor of the City of West Memphis, Arkansas to enter into a Professional Services contract with Ellers, Oakley, Chester & Rike, Inc., Memphis, Tennessee, under a proposed Economic Development Administration Grant Program. Alderman Horton made the motion, seconded by Alderman Morris, to adopt the Resolution. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, 5helton~,Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed and the Resolution was assigned Resolution N0. 996, which reads as follows: -4'~- G' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AUTHORIZING THE MAYOR OF THE CITY OF WEST MEMPHIS, ARKANSAS TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ELLERS, OAKLEY, CHESTER & RIKE, INC., MEMPHIS, TENNESSEE, UNDER A PROPOSED ECONOMIC DEVELOPMENT ADMINISTRATION GRANT PROGRAM. WHEREAS, the City of West Memphis, Arkansas, has been invited to file a grant application with the Economic Development Administration for public facilities improvements as a result of prior applications submitted to the Economic Development Administration; and WHEREAS, the engineering firm Ellers, Oakley, Chester & Rike, Inc. currently is under contract with the West Memphis/Crittenden County Port Authority for related work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Mayor of the City of West Memphis, Arkansas is hereby authorized to execute a professional services ct with Ellers, Oakley, Chester & Rike, Inc. ~j~ 2. That this Resolution shall take effec, immedi tj y. ~// MAYOR r .~ / i '~~ DATE PASSED: J~ I% ~~ ~ ~ ~~ C~~'i C~,~,~.t~~'~. ~~'` ~~;~ ~ / -42- Alderman Guin asked the Mayor what were the rules for placing a Ordinance or a Resolution on the agenda. The Resolutions were not received until Monday February 4th and everything was suppose to be in by 12:00 o'clock noan on Friday. Discussion. Mayor Chitman stated it was by Ordinance that the City Council have their Ordinance or Resolutions in by 12:00 noon the Friday before the Council meeting on Thursday. The Mayor was not in- cluded. Discussion. City Attorney Smith read a Resolution of the City Council of the City of West Memphis, Arkansas, authorizing the Mayor of the City of West Memphis, Arkansas to enter into a professional services contract with Brawley Consulting Engineers Inc. of West Memphis, under a proposed Economic Development Administration Grant Program. Alderman Morris made the motion, seconded by Alderman Dalton, to adopt the Resolution. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The Resolution passed and was assigned Resolution No. 997, which reads as follows: (on page 43 ) City Attorney read a Resolution authorizing Mayor to execute an Agreement with the Arkansas State Highway and Transportation Department for Roadway Illumination on Interestate 40 and Inter- state 55. Alderman Burnett made the motion, seconded by Alderman Dalton to adopt the Resolution. Discussion. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The Resolution passed and the Resolution was assigned Resolution N0. 998, which read as follows: (on page 44 ) PERMISSION REQUEST: Mayor Chitman requested permission for approval of the Preliminary and Final Plat of the Oliver, Wheeler, Thomas Subdivision. Alderman Shelton made the motion, seconded by Alderman Dalton, to approve the Preliminary and Final Plat of the Oliver, Wheeler, Thomas Subdivision. Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed. COMMITTEE REPORTS: Alderman Horton gave the Public Warks report. Stated the Public Works Commission would meet Monday- February 11th at 4:30 p.m. -43- RESOLUTION N0. ~ ~ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AUTHORIZING THE MAYOR OF THE CITY OF WEST MEMPHIS, ARKANSAS TO ENTER INTO A PROFESSION- F,L SERVICES CONTRACT WITH BRAWLEY CONSULTING ENGINEERS INC, OF WEST MEMPHIS, UNDER A PROPOSED ECONOMIC DEVELOP- MENT ADMINISTRATION GRANT PROGRAM. I WHEREAS, the City of West Memphis, Arkansas has been invited to .file a grant application with the Economic Development Administration for public facilities improvements as a result of prior applications submitted to the Economic Development Administration; and WHEREAS, the City Council of the City of West Memphis, Arkansas pre- viously approved Brawley Consulting Engineers, Inc. as Project Engineer for the street improvements segment of the grant program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Mayor of the City of West Memphis, Arkansas is hereby authorized to execute a professional services contract with Brawley Consulting Engineers, Inc. 2. That this Resolut: i DATE PASSED: ~' ~ C1iY ~~~~~.~~ ~~x~~ ~ Ea 4 r9e~ ~~ c ~1',1~ a~ -44- RESOLUTION N0. A RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR ROADWAY ILLUMINATION ON INTERSTATE 40 AND INTERSTATE 55 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: The Mayor be and he is hereby authorized to execute that certain CONTRACT AGREEMENT with the Arkansas State Highway Commission for par- ticipation by the City of West Memphis in the installation, operation and maintenance of partial roadway illumination on Interstate 40 and Interstate 55 at various locations on the main lanes, ramps, frontage roads, and cross roads within the City of ~•lest Memphis. This Resolution adop ATTEST: ~, City/Cler ~ ~~+1E0 CITY CLERK'S ~~ a J RN 28 1985 ~,,,d.~~ ~.,, ~ - -45- Committee Reports continued: Alderman Shelton stated he had to leave the meeting but the Sanitation Commission would meet on Monday, February 11th at 5:15 p.m. Alderman Burnett stated the West Memphis Jaycees expressed a desire to help the City of West Memphis build the shed at the shop complex and that this should be considered at the next meeting. Alderman Shelton left the meeting. Alderman Morris stated the Budget Commission would meet Monday, February 11th, at 6:00 p.m. Alderman Brasfield gave the Fire Commission report. Alderman Sumpter gave the Insurance Committee report. Alderman Sumpter made the motion, seconded by Alderman Dalton, to deinsure the inland-marine radio equipment (street, sanitation, city hall). Upon roll call vote, the voting was as follows: AYE: Aldermen: Cooper, Dalton, Guin, Horton, Jackson, Morris, Sumpter, Brasfield, Burnett. N0: Aldermen: None. The motion passed. Alderman Jackson requested that the Ordinance on the franchise for the American Cable T. U. be looked into and probably change the Ordinance. ANNOUNCEMENTS: Mayor Chitman stated the Home Builders Association meeting that would be held here in 1986. Jaycee State meeting will be held here in the near future. Alderman Guin asked the Mayor about the State of the City address. Mayor Chitman stated he was working on it. Also, what was the status on the Code Enforcement Officer. Committee to assist in the interviewing to meet Monday at 7:00 p.m., to re- view the letters of reference. At this time being no other business to come before the City Council, Alderman Jackson made the motion, seconded by Alderman Horton, to adjourn. Upon voice vote of the Council, the voting was unanimous. Meeting adjourned at 5:50 o.m. PASSED and APPF 1985. ~cu ~:iii~n~a~i Mayor l;1ty l;lerK