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May 6, 1976 (2):,.) MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF VEST MEMPHIS, ARKANSAS, HAD AND HELD ON MAY 6, 1976. 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 otclock p.m. on the 6th day of May, 1976. The following were present: Mayor Joyce Ferguson, and Aldermen: R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L.~ Harris, J. E. Hightower, A. 0.-Holt, Pritchard Horton,- J. C. King, T-ilden Rodgers, and R. T. Bentley; and City Attorney R. L. Smith. Absent: None. Rev. S. J. Parker, First Baptist Church at 1t3~ S. 12th Street, gave the invocation. The following. proceedings were had to-wit: Alderman Holt moved that the minutes of April 15, 1976 Meeting as included in the packet be accepted. Alderman Cosgrove seconded the motion and requested addition be made to minutes of his request as Chairman of the Insurance Commute that the bid be referred to legal counsel for interpretation, and then back to the Committee. Vote on the motion to apprare the minutes as corrected was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay : None . Bids in accordance with Notice of Sale of City of West Memphis, Arkansas Public Utility Refunding and I,:nprovement Revenue Bonds, Series 1976 published in the evening Times on April 20, 1976 were opened by City Attorney Smith. Bids were received from: Rauscher Pierce Securities Corporation Gross Interest Cost $5,733,385.00 plus Discount 1l~2,10l~.00 Net Interest Cost ~. ~875,~.$9.00 Effective Interest Rate 6.t~3008~ (Account members Merrill Lynch, Pierce, Fenner & Smith, Inc. ~ehn Nuveen & Co., Inc. Powell & Satterfield, Inc., White, Weld & Co., Hutchinson, Shockey, Arley & Co, James N. Reddoch & Co., Harrow Smith & Co., Wilson White, Belf, Lake, Rocklin & Co., Kidder, Peabody & Co., Inc., Parham & Co., Inc.) Bevill, Bresler & Schulman, Inc., Manager Weeks, Kavanaugh & Co., Inc., F. S. Moseley, Hallgarten & Estabrook, Inc., Sterling, Grace Municipal .Securities Corp., Municipal Securities, Inc., A. Duncan Williams, Inc., Wood Brothers Investments, Inc. Gross Interest Cost $5,6i5,3~t5.00 Less Premium/plus Discount 139,15.85 Net Interest Cost 5,751,760.85 Effective Interest Rate 6.29796 Stephens Inc. The First Boston Corporation Gross Interest Cost $5,696,360.00 plus Discount 132,695.90 Net Interest Cost 5,829,055.90 Effective Interest Rate 6.3792 T. J. Raney & Sons, Inc. Reynolds Securities Co., Inc. Hill, Crawford & Lanford Gross Interest Cost $5,l~25,160.00 Less Premium/Plus Discount + 1l~3,250.00 Net Interest Cost 5,568,10.00 Effective Interest Rate 6.09$ +}~ Mr. Morris Fair of United Municipal Investment Corporation, Financial Consultant for the City, expressed appreciation to the bidders and annoux:ement would be ode after verification. Alderman Horton, seconded by Alderman Dickerson, moved that the Mayor be authorized to s3-gn the bid contract for the best legal bid received. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None . Alderman Grimsley, seconded by Alderman King, moved that the Mayor and the Chairman of the Finance Committee be authorized to approve the paying agent and trustee bank as designated by the successful bidder. Upon vote, the - voting was as follows: Aye:.Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay; None . Mayor Ferguson announced the next order of business would be opening of bids for demolition and removal of the old City Incinerator in accordance with Notice of Bid published in the Evening Times on April 23rd and 30th. The following bids were opened by City Attorney Smith: Lee Weeks W. W. Machine Shop $2,800.00 3,90.00 The Council was informed the W. W. Machine. Shop bid did not have a bid bond inclosed as required by Bid Notice. Motion was made by Alderman Holt, seconded by Alderman. Grimsley thateward the bid to Lee Weeks. During discussion of ftulds available and an amendment to the motion - when find the money -, Alderman Cosgrove, seconded by Alderman King, moved to table until bring up again. Vote on the motion to table was as follows: Aye: Aldermen; Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. Bids for playground equipment in accordance with Bid Notice published in the Evening Times on April 21st and 28th were opened by City Attorney ~nith. the only bid received was from Leisure Ltd. of Little Rock $1,838.87. After consideration motion was made by Alderman Bentley, seconded by Alderman Grimsley that turn bid over to the Park Commission for awarding the bid. Upon vote, the voting was as follows: Aye; Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay; None. Alderman Bentley, seconded by Alderman Grimsley, moved that approve demolition of house at 505 S. 11th Street, West Memphis. Upon vote, the voting was as follows : Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. Bids for demolition of ten houses in accordance with Bid Notice published in the Evening Times on April 19th and May 3rd were opened by City Attorney Smith. The only bid received was from Lee Weeks amount of $3,000.00. The Council was informed the house at 505 S. 11th Street is included in the ten houses. Motion was made by Alderman Grimsley, seconded by Alderman Dickerson, to sward the bid to Lee Weeks. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. ~~ Alderman Bentley, Chairman of the Budget Committee, presented the following Committee recommendations; _ Place $200.00 in 1109 Account Administration for taking care of repairs t~f vehicle being used by the A 'strative Assistant as does not have money allocated in that account. Alderman Bentley, seconded by Alderman Grimsley moved that $200.00 be placed in 1109 A 'stration Account. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. Renew contract with Manes & Associates for Community Development Program in amount of $15,2"00.00 to prepare future grants, hearings, and negotations with HUD. Alderman Bentley,. seconded by Alderman Holt, moved that renew contract with Danes & Associates in the amount of $15,200.00 a year to be taken out of Community Development Funds. After discussion of reduction from $1b,000.00 to $15,200.00, vote on the motion was as follows; Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay : None . Transfer of $59,000.00 from Certificate of Deposit in First National Bank and Certif~gfp~8~~ k•o ~ mR~i.s. After.. ~cbgd+~u~ ~of ~isteuest ray/aizd ma~:ntai~~~$; t~-`~, ~~`i'cular account motion was made b ~ Y Alderman Bentley, seconded by Alderman Dickerson that take $59,000.00 out of time certificates and put in Utility Account to be earmarked for park improvements. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and .Bentley. Nay; None. Transfer from Depreciation Account West Memphis Federal Ravings $150,000.00 Certificate of Deposit -Utility Department to General Fund for payrolls for May and June. After discussion with P. G. Para of the Utility Department payments being behind to the City, disbursements, revenues, and demand charge of Arkansas Power & Light Company,. Alderman Bentley, seconded, by Alderman Dickerson, moved the transfer of funds as recommended. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. - Recommendation that ask Langston Companies Inc. make payment for back taxes Alderman Bentley, seconded by Alderman Rodgers, moved that direct the City -~ Attorney to draft request that Langston Companies Inc. make payment in lieu of taxes all arrears. After consideration of the City's financial crisis and request of Langston Compares, the vote was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None . - Recommendation that obtain a Summer Intern under a Ceta Slot City Management Program to prepare personnel manual and fob descriptions. Alderman Bentley, seconded by Alderman Holt, moved that use a Summer Intern, no cost to City, Ceta Slot for three months. Upon vote, the voting was as follows; Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: -None. Morris Fair announced had computed the Raney bid for Bonds and it was properly prepared and correct. Mr. Fair advised would recompute savings for the City and give details at the next Council Meeting; also, the bonds had received a t~An rating from Moody and Standard and Pores . ~~ I Alderman Grimsley reported information on the Board of Review meeting had j been in the newspaper. The Mayor announced an ordinance providing for abolishing an elected City Treasurer, and providing for appointment of a City Treasurer by the Mayor- and City Council, creating the position of Finance Director, creating an emergency and for other purposes had been prepared for consideration. Alderman Bentley, seconded by Alderman King, moved that table the item of business. IIpon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: none. F An ordinance entitled "An Ordinance Amending Section One (1) Of Ordinance 9 No. 858, And Setting Forth A Property Description More Fully Describing The Property Annexed To The City Of West Memphis, Arkansas, Therein, By Said Ordinance No. 858, Declaring An ~nergency And For .Other Purposes" was read in full by the City Attorney, who advised the amendment was to more fully describe the Park. Alderman Cosgrove, seconded by Alderman Dickerson, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay; None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman King, seconded by Alderman Hightower, then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and-Bentley. Nay: None. The Mayor declared that at least two-thirds of :all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and .~ the roll being called, the following voted: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. Alderman Grimsley, seconded by Alderman Bentley, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Ring, Rodgers, and Bentley. Nay : None . The Mayor thereupon. declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 863 and read as follows : ~4 oRDINANCE No. 863 AN ORDINANCE AMENDING SECTION ONE (1) OF ORDINANCE N0. 858, AND SETTING FORTH A PROPERTY DESCRIPTION MORE FULLY DESCRIBING THE PROPERTY ANNEXED TO THE CITY OF WEST MEMPHIS, ARKANSAS, THEREIN, BY SAID ORDINANCE N0. 858, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. 1~REAS, there is a need for an Ordinance to amend, Section One (1), Ordinance No. 858, of the City of West Memphis, Arkansas, to set forth therein a property description more ful.].y describing the property annexed to .the- City of West Memphis, Arkansas, and WH!F~;REAS, an Amended Petition for an Order to be Entered Nunc Pro Tunc has been filed with the County Court Clerk of Crittenden County, .Arkansas, and an Amended Order to Annex Property Nunc Pro Tunc has also been entered with the County Court Clerk, setting forth a property description more fully.. describing the property annexed to the City of West Memphis, Arkansas, by Ordinance No. 858, dated March !~, 1976; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That Section One (1) of Ordinance No. 858 of the City of West Memphis, Arkansas, ..dated March !~, 1976, is hereby amended and the description of the pr~aperty annexed to the City of -West Memphis, Arkansas, shall read as follows: A parcel of property being the South 53.5 acres of the East One-Half (~) of the Northeast Quarter (N~r} of Section Ten (10, Township Six (6) North, Range Eight (8 } East, and except the West 300 feet of the North 500 feet consisting of 50.0 acres, more or less, being more particularly described as follows, located in Crittenden County, Arkansas. Beginning at the Southeast Corner of the Northeast Quarter of Section 10, T-6-N, R-8-E, Crittenden County, Arkansas, thence S89o 25' t~5" W, a distance of 1298.0 feet to the centerline of Airport Road, thence N®0 l.l.' 31' E a distance of 1299.7 feet, thence S 890 1~8' 29* E a distance of 300.0 feet, thence N 00 ll' 31" E a distance of 500.0 feet., thence S 890 1~8' 29" E a distance of 1003.79 feet tof Thy cenrline of Drainage Ditch No. 13, thence S Oo 22' S1~ W a distance of 1783.9? feet to the point of beginning, containing 50.0 acres, more or less. Section 2. E+~ergency Clause. It being found and determined by the City Council of the-City of West Memphis, Arkansas, that it is necessary for the preservation of the public. peace, health, and welfare of its citizens to-amend Ordinance No. 858, and to set forth a property description therein which more fully describes the property annexed thereby, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. Alderman Cosgrove inquired as to agreement when an ordinance pertaining to annexation or zoning a map be provided. City Attorney gnith advised a map had been provided with .the original ordinance and this was a description amendment. The item on the agenda pertaining to City Treasurer's Retirment Benefits was delayed by agreement of the Council. Mayor Ferguson requested the Utility,Commi.ttee melt and discuss the proposal by the Utility employees and report at the next Council Meeting as the Mayor had set a meeting at 6;00 p.m. May 26, 1976, for a meeting of the Council and Utility Workers. ~l Alderman Grimsley, seconded by Alderman Bentley, requested a five minute recess. Upon vote, the voting was as follows Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. r Mayor Ferguson called the meeting to order. The Mayor made the following announcements: Revenue Sharing Entitlement Feri~d ..,No. •,7' ;- C~~ ~~ ~~eel'~e =ate °i~~r€aE~ ..~ $147,000.00 to $160,000.00. Check received from Southland Racing Commission $25,561.93 being 1/3 of the encashed tickets, and the funds have been deposited in a savings account. A list of City Property is being prepared by the Mayors Office. Offer from Weyerhouser Company to donate 1,000 pine trees for the City Hall complex. City Hall Building Committee Chairman Bentley advised the Mayor the planting of the trees would not be in conflict with plans ti~ the Committee. Notice from the State Health Department that West Memphis would be used as a monitoring station for mosquitoes. Alderman Bentley called a Utility Committee meeting immediate],y after Council meeting. Mayor Ferguson brought to the Councils attention the week of Mawy 10 through May 1~., l9?6, will be designated as Municipal Clerk's Week. Proclamation was presented to City clerk Charles F. De!~raff, and appreciation expressed for his work done for the City. Announcement was made that some of the Alderman are to be "dunkedn for the Cancer Drive on Saturday at the Wal--Mart Parking Lot. Also, the American Red Cross Fish Fry will be on June 12, 1976. Alderman Gri.msley requested an opinion on the bid of Lee Weeks ,for demolition and removal of the old City Incinerator. Alderman Bentley coimnent,~d on financial problems of the City. No action was taken on the previous motion to table the matter. Mrs. Joyce Coveny, President of the Tee Shirt Baseball League in West Memphis presented petition as follows: P E T I T I O N We the undersigned, being registered voters of the City of West Memphis, pray to the Mayor, City Council, Senators, Representatives, Government Officials, groups, or individuals that our desire is to have the Airport Road Park completed without arty delay. (Signatures and Addressed - Approximately 300) Filed Mrs. Coven~y brought t© the Councils attention the signatures had been obtained 3n one day, May 5th, due to shortage of time to present to Council and additional signatures could be obtained as approximately 5,000 citizens involved in the 3 ball programs, boys interested in playing ball, organized teams, ballfields available, injuries sustained by players not having a ballfield using vacant lots. In response to Mrs. Coveny's inquiry as to status of ball park construction, the Mayor, City Attorney, and Aldermen elaborated on ~firiancial plans for Airport park phase 1, Funding, 2nd year application for Community Development Funds, ~.~~ citizen participation at hearings, BOR Funds, Approval by HUD of $70,000.00 ~~ instead of $200,000.00 as requested for Airport Park, influence of Senators and Representatives, and contacting Senators and Representatives. ~2 Alderman Rodgers reminded Council of the Mayorts Breakfast at 7 A.M. May 10, 1976 at Mid Continent No. 2 for the Jerry Spencer Crusade. Alderman Rodgers inquired as to changing the. parking restrictions in front of Dr. Jay's Clinic to permit loading and unloading such .as post office vehicles, soft-drink, supply trucks. After discussion with City ~gineer Brawley, Alderman Rodgers, seconded by Alderman Bentley, moved that the City ~hgineer be requested to make a restricted zone for loading tg at Dr. Jays Clinic. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley,_ Harris, Hightower, Holt, Nom: None. Horton, King, Rodgers, and Bentley. City Engineer Brawley advised after the City's parking lots are accepted parking will be restricted to one side of Polk Street. Alderman Rodgers outlined plans for parking during the Crusade. Alderman Cosgrove presented oral formal .complaint as to water stare-ding after rains over sidewalk on the north side of the Civic Complex. Request of Dan Craft, President of the Civitan Club, was presented by Alderman Cosgrove that the Club not be .forced to purchase a permit for mini Go-Cart track sponsored by the Civitan Club. The Club is to receive 20~ of the proceeds to be used for girls and boys baseball. After consideration, Alderman Grimsley, seconded by Alderman King, moved that waive permit fee for Go-Cart Track For Civitan Club only. Upon vote, the voting was as follows: Aye: Aldermen:_ Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None. Alderman Hightower requested purchase of three walkie-talkies for the Police Department when officers receive calls. that require their leaving their unit. After consideration, Alderman Rodgers, seconded by Alderman Bentley, moved that refer to police Commission. for recommendation. Upon vote, the voting was as follows: Aye: Aldermen; Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay: None . The Mayor announced the garbage cans will be delivered next week, and the ordinance pertaining to type of cans will be enforced. Miss Margaret ~Toolfolk presented complaint received from a young citizen as to condition of the American Flag at the Court and Police Building. Mayor Ferguson advised two flags were left at the Building, and-the matter will be checked. No further business being presented, motion was made by Alderman Grimsley, seconded by Alderman Bentley to adjourn. Upon vote, the voting was as follows : Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Rodgers, and Bentley. Nay; None. O~` ` MAYI~R AT CITY C APPRAVED: MAY 20, 1976