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September 16, 19761~~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON SEPTEMBER 16, 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 o'clock p .m . on the 16th day of September, 1976 . The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: R. S: Cosgrove, D. M. Grimsley, J. ~. Hightower, Pritchard Horton, J. C. King, Doug. Morris, Tilden Rodgers, and R. T. Bentley; and City Attorney R. L. Smith. Absent: Aldermen Thomas Dickerson, and W. L. Harris. Rev. Wm. Edmonson, Associate Pastor, Vanderbilt Avenue Baptist Church gave the invocation. It being determined a quorum was present, the following proceedings were had to-wit: Jay Woods brought to the Council's attention the following corrections to be made as to September 2, 19?6 minutes: Page 113 motion pertaining to bids for drainage improvements, street pavement and sidewalks on S. 17th Street the word award be replaced with the word review. Motion was made by Alderman King seconded by Alderman Grimsley that the word award be replaced by review. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No: None . The corrected motion read as follows: That the City Attorney, Jay Woods, and the Engineer be allowed to review to lowest and best bidder. Page ll9 - Resolution No. 563 - 3rd paragraph the word estimated should be entered between the words 'fthe" and "price". Alderman Grimsley, seconded by Alderman Morris moved that insert the word estimated between the word "the" and +~price" in 3rd paragraph of Resolution No. 563. Upon vote, the voting was as follows: Aye: Aldermen; Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No; None. The corrected 3rd paragraph read as follows: WHEREAS, the plans for such recreational area have been prepared and the estimated price therefore has been established; AND. Alderman Cosgrove requested correction page 113, bottom of page, his title is Vice-Chairman rather than Co-Chairman of the Utility Committee, and moved correction be made. Vote on the correction was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . The corrected paragraph read as follows: Alderman Cosgrove, Vice-Chairman of the Utility Committee, reported there was not a quorum present at the September 1st meeting, and as several important items to be discussed the Utility Committee will meet following the Council meeting. Alderman King, seconded by Alderman Grimsley, moved that approve minutes of September 2, 1976, as corrected. Upon vote, the voting was as follows: Aye: Aldermen; Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . ~ ) - 1~ Bids for a High Pressure Air Compressor for the Fire Department were read by the City Attorney. Bids were received from the following: Beaver Welding and Supply Company - Memphis $1,574.00 Gordon B. Holloway & Associates -Memphis 1,484.00 Hose 37.50 Pressure Systems, Inc. - Greensboro, N. C. 5,804.00 Supplemental Bid 3,411.00 954.00 150.00 Alderman Bentley, seconded by Alderman King, moved to turn bids over to the Fire Commission to study and award to lowest and best qualified bidder. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Alderman Bentley, Chairman of the Utility Committee, read letter from Albert Switzer & Associates, Inc. Consulting Engineers for the Department. The letter read asfollows: September 13, 19?6 Mr. P. G. Para, Superintendent West Memphis Utilities Utilities Building 604 East Cooper treet West Memphis, AR 72301 Re: Contract No. 1 - Water Treatment Plant Improvements Gulpha Constructors, Inc. A.S.&A. Job No. 346 Dear Mr. Para: We have this date received from Gulpha Constructors, Inc. their quote and price to change over the 200 HP motors to reduced voltage starting. The contractors price of $5,880.00, in our opinion, is a fair and reason- able price. We recommend that it be accepted. We are enclosing Change Order No. 1 increasing the contract of Gulpha Constructors, Inc. to a total of $632,980.00. We realize that the contractor should sign this first, however, we are forwarding four (4) to your office inasmuch as your council meets Thursday, September 16, 1976 for necessary action on this change order. Upon your approval, we can forward this to the contractor for his signa- ture . If there are any questions, please advise. Yours very truly, ALBERT SWITZER & ASSOCIATES, INC. Consulting Engineers /S/ William L. Faison, P.E. Vice President WLF: j lh Enclosures cc: Mr. Frank Thornton :~,~,~ ,i~~ After explanations by Alderman Bentley and Joryn Smith of the Utility Department, Alderman Rodgers, seconded by Alderman Horton, moved that amend the contract. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No ; None . Alderman Bentley presented ;::'recommendation from the Utility Committee that the low and only bid on the rate and distribution system study from Allen and Hoshall in the amount of $21,250.00 be accepted. Alderman King, seconded by Alderman Grimsley moved that accept recommendation as to proposal of Allen and Hoshall for rate and system analysis. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Recommendation of the Utility Committee to install water line in accordance with agreement with Bob McCarley and Mound City Development was presented by Alderman Bentley, also request for permission to advertise for bids for boring under the Interstate. Dick Rains of the Utility Department explained reason for requesting a 12~f line instead of 6f~ line required of a developer. Cost of the project to be $~4.6, 601.00 and McCarley to pay $25, 607.13 (2 700 t of 12 ~~ and 1350 t of 8~t cast iron pipe $1.1,921.00). After consideration of cost, water supply, fire protection, and additional persons tie-ins Alderman Bentley, seconded by Alderman King, moved that accept recommendation of the Committee. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Alderman Bentley, seconded by Alderman Grimsley, moved that grant permission to advertise for bids to bore under the Interstate that section which does not have the proper pipe. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No: None. Alderman Bentley reported reviewing the Ceta workers situation with the Manager of the Utility Department. Alderman Bentley elaborated on agreement of lawsuit reached by the group of seven cities and Arkansas Power & Light Company to settle upon 90~ factor, termination of services of law firm representing the cities, recovery of $600,000 of the $800,000 absorbed by the Utility Department in 197., $800,000 not passed on to the customers, evaluation of financial status, capital improvements, and decision as to the $600,000. Alderman Rodgers was commended for his forsight as Mayor in West Memphis joining the group of cities . Alderman Rodgers commented on P. G. Para' s representing the City of West Memphis in negotiations and action in having amount increased from 63 to 90~. Alderman Rodgers axinounced a Fire Commission meeting after Council meeting. Alderman Rodgers advised the Street Committee requests permission to advertise for signs for the Intersection ;Sign Program. Cost of Program to be approximately $25,000 and Federal Government pay $22,500 and City $2,500.00. City Engineer Brawley presented additional information on the Program. Alderman Rodgers, seconded by Alderman King, moved that permission be granted to advertise for bids for the Sign Program. Upon vote, the voting was as follows: lye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . 1 ~ _) Alderman Grimsley advised the Sanitation Committee requests permission to waive bids for three compactor units/'~cruggs Equipment Co. had agreed to sell 'the three units at the last bid price of $9,0.3.28 per unit. After discussion as to bids for chassis, Alderman Grimsley, seconded by Alderman Cosgrove, moved that give permission to waive bids for three compactor units to be received at same price as others. Upon vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Report of the Park Commission was made by Alderman Grimsley on Airport Road Park as to the work proceeding on schedule and the concession stand being nearly completed. Mayor Ferguson requested Jay Woods report on the committee's review of bids for the 17th Street Project. Mr. Woods advised Woodstock Pipe and Construction Company was the low bidder, and they have complied with all Federal regulations; therefore, the committee is asking the contract be awarded to Woodstock Pipe and Construction Company. Alderman Rodgers, seconded by Al deeman Morris, moved that the contract be awarded to Woodstock Pipe and Construction Company. During consideration of the motion the following were discussed: Project location, Woodstock bid of $208,059.55, ~rigineer's fee of $27,0~7.7~., total $235,107.29, amount $287,600.00 earmarked for the project, $52,193.00 left from projected cost to be in an escrow account for next year's application. Roll call vote on the motion was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No: None. Rick Gallagher, Administrative Assistant, reported on research of records pertaining to option for Lots 1 and 2, Block 188, Kendal Addition for the Wonder City Boys Club. Excerpt from Minutes of Council Meeting on October 3, 197., containing the City Attorney's opinion on purchase of the property, Option Memo from William L. Johnson Co., and action of the Council was distributed. Alderman Cosgrove, seconded by Alderman King, moved that place in hands of a committee to~come back at a futuxe date with recommendation. M~,,yor Ferguson appointed Alderman Cosgrove, Chairman, Alderman Rodgers, and another member to be selected by the Chairman to serve on the committee. Mayor Ferguson requested the City Attorney read the following letter: Reverend T. L. James 1581 Ball Road Memphis, TN 3811l.~ September 9, 1976 Mayor & City Councilman City Hall 205 Redding West Memphis, Arkansas 72301 Gentlemen: I Reverend T. L. James am sending this letter in regards to the conversation that I had with Mr. Robert Smith your city attorney. The concerned citizens of West Memphis are interested in providing private transportation for their children. Therefore, we could not give them any answer on transportation until it is cleared with the proper authority. We hereby ask if it is possible that this matter of transportation for school children that live in West Memphis be placed on your agenda for September 16, 1976 meeting. Sincerely yours, /S/ REV . T . L . JAMES ~,~~~~~ 1~6 Rev. James and Mrs. Roberta Jackson informed the Council clearance as to regulations bf the City is sought in an effort to provide a program for transportation of children to and from schools. After discussion of bus and taxi services in West Memphis, cost of transportation, public, private, and non-profit organizations operating buses, City Attorney Sanith ruled as long as done on private basis City not involved. Matter pertaining to Easement in Westwood Acres was demoted from agenda. Alderman Cosgrove introduced a resolution pertaining to suggestion boxes. City Attorney Smith read the resolution. Alderman Grimsley, seconded by Alderman King, moved to approve the resolution. During discussion, City Attorney Smith advised guidelines would be made by the committee. Alderman King, seconded by Alderman Grimsley moved that amend resolution by adding "and/or citizens~~. Vote on the amendment was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Roll call vote on the resolution as amended to be approved was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, and Bentley . No; Alderman: Rodgers. The motion carried, and the resolution adopted read as follows: RESOLUTION N0. 565 ti~,~IEREAS, the City of West Memphis, Arkansas is blessed with many talented people in many particular fields, AND WHEREAS, the City of West I~iemphis desires to utilize these people, their talents and individual skills, AND WHEREAS, the City of West Memphis wishes to create some type of incentive for these talented people to assist us in governing our City in establishing new procedures, particularly, in efficient management; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That suggestion boxes be placed in certain key areas of the City of West Memphis, Arkansas; 2. That the Mayor of the City of West Memphis appoint a committee consisting of city employees and/or citizens and department heads to screen these suggestions; 3. That a reward not to exceed Twenty-Five Dollars ($25.00} be awarded for the suggestion of the month; ~. That a prize of Twenty-Five Dollars ($25.00) be awarded monthly for the best suggestion. Mayor Ferguson announced four people have submitted drawings for a City Flag, as the City will. be fifty years old on March 21, l9?7, a deadline for selection of a flag will be October 7th. Thereupon, the Mayor appointed a committee of Alderman Morris, Chairman, and Aldermen Hightower and Rodgers to present recommendation to Council on October 7th. i'r~ ,~, ~;-,, The following letter from_the Delta Shrine Club was read by the City Attorney: DELTA SHRINE CLUB September 13, 1976 Mayor of West Memphis West Memphis, Arkansas Honorable Joyce Fergerson & West Memphis City Council; The Delta Shrine Club of West Memphis would genuinely like to express our thanks for the permit for our circus . You have our assurance that we shall make every effort to maintain the relationship so necessary for your continued confidence and good will. We would appreciate this being read at the next city council meeting. Again let us say thanks and we stand ready to help you and our community if you ever need assistance. Sincerely, /S/ DENNIS CONLEE Mayor Ferguson commented on meetings she had attended in Little Rock, and Rick Gallagher, Administrative Assistant, briefed the Council on EEOC meetings he had attended. Rick Gallagher reported on problems of the fountain at the City Complex, and contacts made to remedy the situation. After-consideration, Alderman Bentley, seconded by Alderman Grimsley, moved to refer to the Bicentennial Committee to contact the architect they used to design the pool, and come back with their recommendation. Upon vote, the voting was as follows: Aye: .Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : None . Attorney Ralph Sloan requested petition pertaining to vacating a street be placed on the agenda for consideration. Alderman Cosgrove, seconded by Alderman Grimsley, moved that waive rule to put matter on the agenda pertaining to petition for vacating street. Upon vote, the voting on roll call was as follows : Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No: None. The following Petition was filed; PETITION TO VACATE STRL'ET Comes Phillip Lee Brooks, being the owner of That part of the SE4 Of Section 9, Township 6 North, Range 9 East, particularly described as follows: Beginning at the point in the north line of the right of way of U. S. Highway No. 61 (By-pass highway) which is 69..67 feet measured along said highway line from its point of intersection with the east line of said Section 9 (which point of intersection is 886.61 feet measured along the east line of Section 9 from the Southeast corner of said Section); and run thence north parallel with the east line of said Section 9, 372.50 feet; thence west 181.6 feet; thence south parallel with ~. La the east line of said Section 9, 288.5 feet to the north line of the right of way of said U. S. Highway 61; thence in a southeasterly direction along said highway right of way line 200 feet to the point of beginning, containing 1.38 acres, more or less, which abuts on the west side of an unnamed street or road which also abuts on other lands in said section, township and range and petitions the City Council of the City of West Memphis, Arkansas, as follows: That he is the owner of the land abutting upon the west side of the street or road hereinafter particularly described. That by deed dated March 1, 195, The First National Bank of Memphis and Roy Church, Trustees under the Will of J. H. Stuart, deceased, dedicated for the use of the public generally as a public street or highway a strip of land 50 feet wide along the east line of the above described land extending from the southeast corner of said property to the northeast corner thereof. Said deed being of record in the office of the Recorder of Crittenden County, Arkansas, in Book 256 at page 113. That there is attached hereto a copy of a plat showing the street to be vacated together with the lands abutting upon the street to be vacated. WHEREFORE, petitioner prays that the City Council of the City of West Memphis, at its next regular or special meeting, fix a day for hearing this petition and direct the City Clerk to give notice of such hearing as required by law and that upon final hearing that said unnamed street hereinabove described be vacated and all rights of the Ci~r of West Memphis and of the public generally be released, vacated and abandoned, subject to any easement thereon now owned by the City of West Memphis, Arkansas. RESPECTFfJLLY SUBMITTED, this 16th day of September, 1976. -~~~~- ,.. PHILLIP LEE BROOKS, Petitioner SPEARS, SLOAN & JOHNSON, His Attorneys By /S/ RALPH W. SLOAN Resolution setting date for hearing was read by the City Attorney. Alderman Grimsley, seconded by Alderman King, moved that adopt the resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No: None. The resolution read as follows: RESOLUTION N0. 566 iniHEREAS, there has been filed with the City Council of the City of West Memphis, Arkansas, by Phillip Lee Brooks, a petition to vacate an unnamed street or road lying east of the following described tract of land; That part of the 5~ of Section 9, Township 6 North, Range 9 East, particularly described as follows: Beginning at the point in the north line of the right of way of U. S. Highway No. 61 (By-pass highway) which is 691.67 feet measured along said highway line from its point of intersection with the east line of said Section 9 (which point of intersection is 886.61 feet measured along the east line of Section 9 from the southeast corner of said section); and run thence north parallel with the east line of said Section 9, 372.50 feet; thence-west 181.6 feet; thence south parallel with the east line of said Section 9, 288.5 feet to the north line of the right of way of said U. S. Highway 61; thence in a southeasterly direction along said highway right of way line 200 feet to the point of beginning, containing 1.38 acres, more or less. and said petition prays that the City Council fix a day for the hearing of said petition. 8 ,C~i J NOW, THEREFORE, BE IT .RESOLVED: That said petition to close the above described unnamed street be set down for hearing on the 7th day of October, 1976, at 1:30 o'clock p.m. in the City Council Chambers in the City of West Memphis, .Arkansas, and that the City Clerk give notice as required by law of the hearing to be held. This 16th day of September, 1976. .. , ..x ~-3rcx'..-.... Alderman Bentley commended Utility Department employees on delinquent accounts work. Alderman Cosgrove inquired as to maintaining of gravel road behind Barfield store, and was informed is a private drive but maintained by City as garbage trucks use the drive. Alderman Hightower requested information on the opening of Fire Station No. ~.. Alderman Rodgers advised the matter is on the Fire Commission meeting agenda. Ceta workers, Revenue Sharing Funds, fire rating, ordering of equipment for the station were discussed. Alderman Grimsley, seconded by Alderman Morris, moved to adjourn the meeting. Upon vote, the voting was as follows: Aye; Aldermen: Cosgrove, Grimsley, Hightower, Horton, King, Morris, Rodgers, and Bentley. No : _ None . ----! AT ~. C ~, .. YOR APPROVED: