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January 16, 1975" ~~ .f MINUTES OF A REGULAR COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HA.D AND HELD ON JANUARY 16, 19?5. The City Council of the City of West Memphis, Arkansas, met in regular .session at its regular meeting place in West Memphis, Arkansas, at 1:30. _o f clock p.m ~ on the 16th day ~ of January, 1975 • The meeting was opened with prayer by Alderman Cosgrove. The following .were present: Mayor Joyce Ferguson, presiding, and Aldermen: Thomas Dickerson, D. M. Grimsley, Willie Lee Harris, J. E. $i,ghtower, Pritchard Horton, C. D. Hutcherson, J. C. King, R. T. Bentley, and ' R. S. Cosgrove; and City Attorney R. L. Smith. Absent: Alderman A. 0. Holt. It being determined a quorum was present, the following proceedings were had to-wit: ' Minutes of Council Meetings on December 19, 1971, and January 2, 1975 were approved as read. Mayor Ferguson read the following report on the conditions of the affairs of the City, and recommendations: - -----. .__ _.r _._ __ January 16,1975 ~t the second regular meeting cif the City Council each year, <3^d at other times as deemed expedient, the Mayon .s reruirpd to make a report to the City Council on the conditions of the affairs and any recommendations ad- vis~-~ble. .~~ht~n t nook the oath of office, I pledged nay best . To- c3~3y, I <~m reaffirming my pledge; however, I arz finding :;k;rij situations that are frustrating, mainly because of thf~ in~3 ~~i 1 i ty to change the status quo . I know Norte of today' s problems are pushing for solutions . t~lith economic conditions as they are, it is my opinion that t'.Ze primary concern at present is the setting of priorities . t:~ solve thz fiscal and budgetary problems facing the city .. ~:o meet t:he needs of the citizens of West Memphis. 'T'his adrt~tinistration, with the cooperation of the City Council, is dedicated to meeting the most urgent needs in preparinr~ the 1975 budget f.or adoption. ~'1 tentative budget was presented to the West Memphis City Co~incil amounting to (One million six hundred twelve, nine hundred,~eighty-two dollars, thirty-two cents ($ 12,982.32} with no salary increase for cit employees i.ncltfded. Our Y -~ ~ total General Fund income is estimated to be One million .r ,:, eleven hundred thousand, four hundred eighty-four dollars, tfaenty-four cents. In 1974, One million, five hundred thirty-three thousand, eight hundred dollars, thirty cents ($1,533,800.30) was spent for public services. The City Council members, and special budget committees within the council, have analyzed, and have spent many hours trying to present a 1975 balanced budget, while still making every effort to give a 5~ raise, retroactive to January 1, 1975, to all city employees. We had hoped to present the proposed budget for adoption today, but all budget informa- tion is not yet formulated, and it may take another week to complete. ~: Economic conditions have made it necessary for the Federal Goverrsnent to assist cities in hiring citizens for public employment. Further,~because of the grcwing needs of the publio, greater Federal assistance in the areas of trans- portation, law enforcement, environmental protection and general aid, has become necessary. Even yesterday, the president, in his State of the Union message, asked Congress to tzise Revenue Sharing benefits fcr the nation Two,Billion DO~.lars ($2, 000, 000, 000} . Iota=- °:~penditures of Revenue Sharing funds in 1974 for our city <:~="aun4ed to Five hur_dred fifty--four thousand, seven :::n~3rt.~,-3 eiuhty-six dollars, sixty nine cents ($554 , ?8 6.69 . ='h i= :rc~rey was spent for 1. ru.rcnasing land for two fire stations, and land . cr a city shop . '- ~-'ands for the sheltered work shop 3. :~aiar~.es for two policemen •~ . i:'ui.c?s for Crittenden County Health Department, ~~:x~„i East Arkansas Mental Health Assistance. `.n~~ L-ur. qtr+~r .appropriation will be spent on the local le~;-el, ~:~c1 in s~.c~ manner to benefit the most of our citizens. i',ic?3t Memi>his has qualified to receive Seven hundred thirteen r'~{~~.:aand dollars ($713,000) in 1975, in Comriunity Development i3; «twk Gr~-~nt :ion°y. Priorities krill be established for the ar:;<,.s of tt-~.s ~ © ey. This axmir_istration, with the cooperation ~~~ the C'it~.~ Council, will try to acquire as much Federal and =rate aid as Dossible. =~~~rh city c©nstruction was started in 1974. Buildings r_ow ~.'nd~~r construction are the City Hall, the Civic Audi toriu*~? ~~rr.? Fi.re S ration No. 4 at 19th and Jackson. Buildings 95 0 completed ar` the West Memphis Public Library expansion and tl-le Neighborhood Facility. We believe the Neighborhood Facility ~~ill improve health services for our citizens, and provide them a place to meet and discuss issues which are vital to their well being. The rESidents of this .city are entitled to a maximum return fc~r their tax dollar ~-- - to efficiency of their government,,... ~. to orderly growth of their cityr-~~and to all the civic pride we can .muster. ~ : ,' , ~'' J ~ i ~ ..~V ~-~~."'.. ~ fir! .f t~/`-,~ f '~•1~? `/'..~~Ii•. `Z~ / f`I t/•..///~~~ ~ ~ r 1 'oyce! T. Ferguson, ~1:~yor ~: ' ~- '~ Alderman Hutcherson reported the Police Commission decided to purchase ~ cars instead of six, which would be a savings of $8,508.00, three 1973 cars and the .car burned in the accident will be disposed of,~ thereby with four new cars operating same number of cars and two~dog pick-up trucks. Alderman Hutcherson, seconded by Alderman Bentley-moved that accept-bid of Tom Gibson Ford, Inc. for four police cars. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, • King, Bentley, and Cosgrove No : None ~'~ 1 Alderman Bentley, seconded by Alderman Grimsley moved that purchase order be issued for four police cars from Tom Gibson Ford, Inc. as soon as possible. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove No: None. Alderman Grimsley reported the bids for furniture and equipment for the -; Neighborhood Facility Center are being considered and the Committee will meet again on Saturday, January 18th. Alderman King, Chairman of the Committee to obtain building for the Headstart School, reported Mr. C. J. Wilson had extended until February 15th use of Housing Authority building, and related efforts being made to obtain a suitable location. Mrs. Lindsey, Vice President of Parents Organization of Headstart School, stated did not think the School should move under their contract. Aldermen Hightower and Mr. S. E. Holbrook spoke on the matter. Mayor Ferguson made the following appointments: Fire Commission Aldermen: Hightower, Horton, King, Holt, and Cosgrove. Police Commission Aldermen: Bentley, Harris, Hu'~cherson, Grimsley, and Dickerson. Alderman Dickerson, Vice Mayor. Mrs. Joe Davis of Davist Answering Service, 511 N. 17th Street, requested renewal of license. City Attorney Smith read excerpt pertaining to license from Minutes of Council Meeting on January 17, 197. After discussion, Alderman Horton, seconded by Alderman Hutcherson moved that grant permit for one year for Davis' Answering Service. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove No: None. An ordinance entitled "An Ordinance To Amend Ordinance No. 751 Of The City Of West Memphis, Arkansas, Which Adopted The National Electrical Code, 1971 Edition~f was read by City Attorney Smith. Alderman Bentley, seconded by Alderman Hutcherson moved the first reading of the ordinance be approved. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: dye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove No: None. Mayor Ferguson informed the Council a Resolution had been prepared designating depositories for city moneys and funds. The resolution was read by City Attorney Smith. After discussion, Alderman Bentley, seconded by Alderman Cosgrove moved the Resolution be adopted as read. Upon vote, the voting was as follows: dye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove No: None. The Resolution read as follows: ~'~~ RESOLUTION No. 507 WHEREAS, Ordinance No. 211.x, Section 2, of the City of West Memphis, Arkansas stipulated that the West Memphis City Council may designate by Resolution any state or national bank or banks doing business in the State of Arkansas a a depository of the funds of said City of West Memphis, Arkansas; NOW, THEREFORE, BE IT RESOLVED THAT: The following designated depositories shall be used for the safe-keeping of all moneys and funds belonging to the City of West Memphis, Arkansas Bank of West Memphis First National Bank Fidelity National Bank East Arkansas Savings & Loan Association West Memphis Federal Savings & Loan Association ~:-~~„~ City Engineer Brawley requested bids be waived for sign materials as a proposal had been received from 3 M Company for a six month period that would ~~lock-inr1 prices. The Council was informed 3M Company is the only Company that manufactures sign materials that meet state and national specifications for reflective materials, and supplies were ordered in December 19?~. but may not be sufficient for the year. After discussion, Alderman Bentley, seconded by Alderman Hutcherson moved that waive bids for sign materials. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No : None , The Mayor announced permission to advertise for bids for a garbage truck and weed control were not on the Agenda, but should be considered. Alderman Grimsley, seconded by Alderman Harris moved that consider matters not on the Agenda as to advertising for bids for garbage truck and weed control. Upon vote, the voting was as follows: 1~ye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No : None . Alderman Dickerson, seconded by Alderman Grimsley moved that permission be granted to advertise for bids for a garbage truck. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No: None. City Engineer Brawley explained plans for chemical control of weeds on ditch banks that have to be cut by hand as follows: OK, 10 Mile Bayou, Dover, 32nd, N. 11th, High School, Auburn, and Foxwood Circle. After discussion of applications, and approximate cost of $13,000.00 motion was made by Alderman Grimsley, seconded by Alderman Hutcherson that grant permission to advertise for bids for weed control. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No: None. The following correspondence was read: ~ ~ +~ , r January 11.i., 1975 West Memphis City Council West Memphis Ark. Gentlemen: The West Memphis Public Library Board would like to express our extreme disappointment that we were not consulted as a group about part of the library building being used exclusively for another organization. Although we have expanded, we still have less space than is needed for a community of this size. By forfeiting this space, we will be unable to offer complete library services to the community. We, the board members, are happy ~o serve our city in the capacity of governing the public library. However, we feel that it is only proper that we be consulted on matters pertaining to the library. We appreciate the councilmen~s presence at our meeting on the 11.~th. If we can have this kind of communication and involvement in the future, similiar problems should not arise. Sincerely, The West Memphis Public Library Board Dr. M. D. Deneke Mrs. L. H. Polk Mrs. R. K. Bollinger Mrs. Edward Rubens Mrs. R. S. Cosgrove Mayor Ferguson informed the Council An Agreement of Understanding Between the City of West Memphis And The Arkansas Highway Department In Cooperation With The U. S. Department of Transportation Federal Highway Administration. was not on the Agenda, but as an urgent matter should be considered. Alderman King, seconded by Alderman Hutcherson moved that the Agreement be considered. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No : None . City engineer Brawley read the following Agreement AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF WEST MEMPHIS, ARKANSAS AND THE ARKANSAS HIGHWAY DEPARTMENT In Cooperation with the U. S. Department of Transportation Federal Highway Administration RELATIVE TO The improvement and maintenance of Urban Arterial and Collector Routes on the Federal Aid Urban System. WHEREAS, the 1973 Federal Aid Highway Act provides 70% Federal Aid Funds to be matched with 30~ local funds for improvements to facilities on the Federal Aa.d Urban :System, and WHEREAS, the City has expressed its desire to participate in the Federal Aid Urban System Program, '~ 4 IT IS HEREBY AGREED that the City of West Memphis and the Arkansas Highway Department, in cooperation with the Federal Highway Admi:nis~ration, will participate in a cooperative program for implementation, and HEREBY, accept the responsibilities and assigned duties as described hereafter. THE CITY WILL: 1. Be responsible for the maintenance and operation of all improvements on that portion of the Federal Aid Urban System not on the Arkansas Highway System and all traffic signals on the Arkansas Highway System. 2. Be responsible for 30~ of the total project cost, which will include engineering services, for urban system project not on the Arkansas Highway System. 3. Be responsible for any and all expenditures which may be declared non-participating. ~.. Make no alterations to the improvements constructed under the Urban System Program without first consulting with the Arkansas Highway Department. 5. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements . 6. Be responsible for the necessary enforcement of operations as required by improvements on the Arkansas State Highway ~rstem and the Urban System. 7. Hereby attest that the employment policies and practices with regard to its employees, any part of whose compensation is reimbursed from Federal Funds, will be without regard to race, color, creed, or National origin. THE ARKANSAS HIGHWAY DEPARTMENT WILL: 1. Be responsible for administering Federal Aid Urban System Funds and for supervision of improvement projects funded through the Federal Aid Urban System Program . 2. Provide technical assistance to the City upon request for continuing the Fe de rat Aid Urban S,ys tem Program . 3. Provide technical assistance upon request for developing the necessary plans and specifications for all Federal Aid Urban Projects. ~. Provide a continuing traffic engineering function for those urban areas where a continuing transportation planning process is not established. IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from future participation in the Federal Aid Urban System Program. IN WITNESS WHERE, the parties thereto have executed this Agreement this _ day of 1975. City Engineer Brawley stated the Agreement relates to paving work after the drainage construction and the construction bids for drainage will be let by the Arkansas Highway Department in March. Alderman Cosgrove, seconded by Alderman Grimsley moved that recess for 10 minutes, upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No : None . Recess Mayor Ferguson called the Council to order, and recognized Dr. M. D. Deneke, a member of the Library Board. l'~5 Dr. Deneke elaborated on problems and breakdown in communications between the Library Board and Council, and suggested someone be appointed to be laison between the Board and Council. Also, stated the Board was in favor of the museum to be established by the Bicentennial Committee, however, due to requirements of the library objected to sharing of space, but would cooperate by having display cases in the library. Mayor Ferguson assured Dr. Deneke of appreciation of the Library Board's work, and appointed Alderman Bentley as laison between the Council and Board, and Alderman Grimsley as alternate. Action on the Agreement of Understanding Between the City and Arkansas Highway Department was considered, and City Engineer Brawley informed the Council it will be the resonsibility of the Cif to remove the necessary utility lines under the new design for drainage . Alderman King, seconded by Alderman Hutcherson moved that the Mayor be authorized to sign the Agreement of Understanding. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No : None . The Mayor brought to the Council's attention a matter pertaining to the Rice Street Crossing of the Auburn Street ditch that was not on the Agenda. Motion was made by Alderman Bentley, seconded by Alderman Hutcherson that waive the rule and the matter be considered. Upon roll call vote, the voting was as follows: Aye: Aldermen; Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No: None. City Attorney Smith explained the matter involved a dispute between Avalon Developers and the City as to the City's pro rata share far installation of I~I twin 81"x59" fully coated mda.l pipe at the Rice Street crossing of the Auburn Street ditch and the gravel base and sand backfill being an additional $1l~2.00. After consideration Alderman Harris seconded by Alderman Hutcherson moved the Mayor be authorized to pay $12.00 to Avalon Developers. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, and Cosgrove. No: None. Alderman Bentley abstained. The motion carried. A resolution authorizing execution of a contract with Manes & Associates, Inc., for Community Development Program was read by City Attorney Smith. Alderman Bentley, seconded by Alderman Dickerson moved the resolution be adopted. Due to confusion as to deletion of words from the first copy of the resolution and study of the matter, Alderman Bentley with consent of Alderman Dickerson withdrew the motion, and suggested postponement of the matter until January 23, 1975• Mr. Don Manes reviewed action of the Council on November 12, 19?1~ as to Manes & Associates offering services to the City, the contract, and resolution authorizing execution of the contract. After discussion, motion was made by Alderman Bentley, seconded by Alderman Horton to adjourn the meeting until l : 30 p .m. Thursday, January 23, 1975 • Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, King, Bentley, and Cosgrove. No: None. There being no further business, the Council adjourned. ~~ ATT CIT K APPRO~TED: FEBRUARY 6, 1975 ~-~1 ~.~-z.. MAYOR