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December 16, 1976i~7 MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL HAD AND HELD DECEMBER 16, 1976 The City Council of the City of West Memphis, Arkansas, met in regular session on December 16, 1976, in the Council Chamber at City Hall at 1:30 P. M. , on December 16, 1976. Present were: being a quorum. Joyce T. Ferguson, Mayor Robert L. Smith, City Attorney Aldermen: Thomas Dickerson Tilden Rodgers Doug Morris Jasper C. King Robert Bentley Robert Cosgrove Willie Lee Harris James Hightower Pritchard Horton Don Grimsley Mayor Ferguson called the meeting to order and recognized the Reverend Ben Hines to lead in prayer. The Mayor called. for a motion to approve or disapprove the minutes of the previous meeting as delivered in the packets. Upon motion made by Alderman Grimsley, seconded by Pritchard Horton, it was unanimously (approval of RESOLVED, That the minutes of the previous Minutes) meeting of the West Memphis City Council are hereby approved as sent in the Council Packets. Mayor Ferguson announced that the first order of business was a presentation of the Governor's Arkansas Plan to the citizens of West Memphis and the City Council; that Judge Jack Brawley had extended an invitation to other mayors, school board members and other dignitaries to come and hear Mr. Steve Clark, the Governor's Administrative Assistant, present this plan. Mr. Jim Stockley, State Representative, introduced Mr. Clark who then pre- sented the Governor's Arkansas Plan to the council and those others present at the meeting. A question and answer preiod followed with discussion. The Mayor asked for Committee Reports. Robert Bentley, Chairman of the Budget Committee, upon recommendation of the Budget Committee, made a motion to authorize an increase of the payment the City makes to the Mental Health Center, which is paid from Revenue Sharing money, from !~ ($2500. 00 to $5000. 00.) Twenty-five Hundred Dollars to Five Thousand Dollars. Alderman Grimsley seconded the motion. Upon voting, it was unanimously (Increase to RESOLVED, That the payment to Mental Health Mental Health Center be increased from Twenty-five Hundred Center) Dollars ($2500. 00) to Five Thousand Dollars ($ 5000. 00) per year. Alderman Bentley, upon recommendation of the Budget Committee, made a motion to authorize the payment of a 10% deposit on the purchase of Tabernacle Baptist Church property for a purchase price of ~,Th~oe~i~ Hundred Twenty-five Thousand Dollars ($325, 000. 00), making the deposit Thirty-two Thousand Five Hundred Dollars ($32, 500. 00). Doug Morris seconded the motion. Upon voting, it was unanimously (Deposit of RESOLVED, That the payment of Thirty-two $32, 500 on Thousand Five Hundred Dollars ($32, 500. 00) Tabernacle b,e a deposit on the purchase of Tabernacle Property) Baptist Church Property be and is hereby authorized. Alderman Bentley made atition to authorize a payment to Mr. Thompson for realtor fees. Alderman Grimsley seconded the motion. After discussion, Mr. Bentley withdrew his motion and the second was withdrawn by Mr. Grimsley, until clarification of the matter. Alderman Grimsley, in a Park Commission report, advised that bids were opened on Phase Two of the park and made a motion to refer the bids back to the Park Commission, Jay Woods and the architect for evaluation and awarding the contract. Bidding was as follows Commercial Builder's, Inc. , P. O. Box 2518 West Helena, Ark. 723'90. $482, 271. 00 Heath & House Construction Company, Inc. , 106 Dover, West Memphis, Ark. $438, 390.00 W. H. Keller Construction Co. , Inc. , 3275 Millbranch Road, Memphis, Tenn. $489, 631.00 W. R. Naylor & Son Construction Co. , 5146 Park Ave. ,Memphis, Tenn. 38117. $650, 675. 00 Tate General Contractors P. O. Box 218, Bono,. Ark. 72416. $520, 500. 00 These are total base bids and do not include alternates. Alderman Dickerson seconded the motion. Upon voting, the motion was unanimously carried and it was RESOLVED, That the bids on Phase Two of the (Park Bids) Park be referred back to the Park Commission, Jay Woods and the architect for evaluation and awarding of the contract. Mayor Ferguson asked Robert Smith to attend the meeting to award the con- tract. Robert Smith asked that he be advised of the meeting. Alderman Grimsley, newly elected Chairman of the Utility Committee, reported that committee wants to go on record of accepting the bids for material as follows: Tvesco Delta Electric Weyerhauser Meter Service $1150. 00 $2280. 00 $8249. 00 $44.08 $9.20 $9.20 Alderman Grimsley reported that W~yerhauser was $81. 00 higher than American ~res~ but being an Arkansas Corporation should receive that preference. Guaranty Loan , in order to expedite this installation, has agreed to pay the difference in the bids for meters and sockets. Alderman Grimsley made a motion to authorize the Utility Department to award the bids. Robert Bentley seconded the motion. Upton voting, it was unanimously (Permission RESOLVED, That the Utility Department be to Utility to allowed to award the bids. award contracts) A}~derman Grimsley asked permission for the Utility Committee to advertise for bids on three pumping stations: to replace 13th Street Station, behind Luthern Church. in Westwood Acres and on Walnut Street replacing a temporary station; that money for these stations has been approved in the bond issue. Alderman Rodgers made a motion to allow the Utility Com- mittee to advertise for bids. Alderman Dickerson seconded the motion. Upon voting, it was unanimously (Permission RESOLVED, That the Utility Committee be to advertise allowed to advertise for bids on three pumping for bids on stations: (1) to replace the Thirteenth Street pumping Station; (2) behind Luthe rn Church in Westwood stations) Acres, and (3) on Walnut Street replacing a temporary station. No report was given by the TV Cable Committee. Alderman Cosgrove, Chairman of the Boys and Girls Clubs Steering Committee reported that his committee had met on December 8. Present were: Al Boals, Tilden Rodgers, S. E. Holbrook, Van Spear and R. S. Cosgrove. Mr. Cosgrove reported the committee passed a motion that the proceeds of _ ~ ~7 money received under Act 84-2834.1 should be divided equally among the L. R. Jackson Girl's Club, and the Jack W. Rich Girl's Club and the funds from the Act of 1967 pertaining to Act 84-2828.1 should be disbursed equally between the West Memphis Boy's Club and the Wonder City Boy's Club. Since this was the recommendation from his committee, Alderman Cosgrove made a motion that theproceeds received under Act 84-2834.1 should be divided equally among the L R. Jackson Girl's Club and the Jack W. Rich Girl's Club and the funds from the Act of 1967 pertaining to Act 84-2828.1 should be disbursed equally between the West Memphis Boy's Club and the Wonder City Boy's Club. Alderman Grimsley seconded the motion. After discus- sion, Alderman King made a motion to table the motion on the floor until further study. Alderman .Bentley seconded the motion to table. Roll Call vote was as follows Morris - Abe Bentley -Aye Dickerson -Aye Harris -Aye King - Ay e Hightower -Aye Rodgers - No Cosgrove - No Grimsley - No Horton - No There being six ayes, the motion was tabled. Calvin Avery, Chairman of the City Hall Building Committee, reported he had received two (2) bids and would like to adk the Council for permis- sion to award the bid to Sam Stringer Landscape Co. , Inc. , for a price of $11, 780. 00 plus the alternate bid of $2, 992. 50 for concrete sidewalks installed. Bids were as follows: Sam Stringer Landscape Co. ,Inc. , 2974 Poplar Avenue Memphis, Tennessee 38111 $11, 780. 00 Alternate # 1 2, 992. 50 Total $14, 772. 50 Trees by Touliato s 2018 Brooks Road Memphis, Tennessee 38116 $19, 01.4. 00 Alternate # 1 2, 999. 00 Total $ 2 2, 013. 0 0 After discussion, Alderman Grimsley made a motion to allow the City Hall Building Committee to award the bid to the lowest and best bidder i t~ for the City Hall Complex. Motion was seconded by Alderman Cosgrove and upon voting it was unanimously (landscape RESOLVED, That the City Hall Building Committee contract) be and hereby is authorized to award a contract to Sam Stringer Landscape Co. , 2974 Poplar Avenue, Memphis, Tennessee 3 8111, for the amount of Fourteen Thousand Seven Hundred Seventy-two Dollars and Fifty-two Cents ($14, 772. 50). Calvin Avery reported the following bids had been accepted by the City Hall Building Committee for Bicentennial Fountain Alterations: Lewis Plumbing Co. , P. O. Box 1161 West Memphis, Arkansas 72301 $2, 885. 00 C. & R. Plumbing & Electric Co. ,Inc. , P. O. Box 900 West Memphis, Arkansas 72301 $2, 950. 00 Mr. Avery asked permission of the council to award the contract to Lewis Plumbing Co. Alderman Bentley made a motion to accept the best and lowest bid. Upon motion being duly seconded and unanimously carried, it was RESOLVED, That the City Hall Building Com- (bicentennial mittee be and hereby is authorized to award the fountain contract for the Bicentennial Fountain Alterations contract) to Lewis Plumbing Co. , for the sum of Two Thousand Eight Hundred Eighty -five Dollars ~.c-~~ ($2, 885. 00). Pritchard Horton reported from the Police Commission that bids had been accepted on two automobiles. Bids_were~~rev~d gas fr~rllzjws: Ryan Chevrolet, Inc. , Box 631 West Memphis, Arkansas 72301 $9, 117.92 Tom Gibson Ford, Inc. , 1823 E. Broadway West Memphis,Arkansas 72301 $9, 120. 00 Alderman Grimsley made a motion these bids be referred back to the Police Commission to be awarded to the lowest and best bidder. Alderman Bentley seconded the motion and upon voting, the motion was unanimously carried and it was RESOLVED, That the Police Commission is (cars for hereby authorized to award a contract to the police dept.) lowest and best bidder for two automobiles for the West Memphis Police Department. Alderman Horton asked that a letter be written commending Assistant Police Chief Jim Be11 for the good job he did in the absence of Chief Keen. ~.:7 Alderman Bentley suggested that someone ~in the Mayor's Office check on bids that are out for a piano for the Auditorium; that the City has a piano now that can be used. Alderman King asked that someone on the Pension Committee appear before the Council on December 29. Alderman Cosgrove made the following statement to be made a matter of record; In regard to charity days money and the fact that so many on the council had a hand in the creation of the West Memphis Boy's Club or served on the council when the money was disbursed from the council, the race track funds; Brother Holbrook is back there now and can attest to the fact that we were threatened with a law suit the other night even at our meeting if we did didburse any of the current funds to the Wonder City Boy's Club as so many of us had a moral obligation to do when the West Memphis Boy's Club was established. I would likes for just a matter of record - I feel no way shirking responsibility of the present council or those having a hand in the original boy's club building by not diverting these funds to the Wonder City Boy's Club because we certainly don't need a law suit and I think Professor Holbrook will agree with me that the man was in earnest that he would sue and that he would agree that there is bound to be some method of arbitration somewhere. The Mayor responded that no action is to be taken on this. Hospital and Pension report will be on the 29th of January. Alderman Cosgrove reported that the new property we have just ob- tamed is now insured by agent in Crawfordsville and called agent with the majority of other city insurance and has agreed to but binder on this build- ing the same as the current agent and all insurance has been taken care of on it. Alderman Dickerson complimented the Fire Department. The Mayor announced the first item under old business to come before the Council was the Third Reading of an Ordinance to Amend Section 2, Ordinance 372. City Attorney, Robert Smith, read the proposed ordinance for the third time. Alderman Bentley made a motion that the Ordinance 1~~ be adopted on the third reading. The motion was duly seconded and upon roll call vote, it was unanimously RESOLVED, That an Ordinance to amend Section Two (2) of Ordinance 372, and to allow dance house ~- business within certain areas of the City of West Memphis, Arkansas, be and hereby is adopted as follows ORDINAT~~ CE NO . ~ ~ AN ORDINANCE TO AMEND SECTION TTrlO (2 } OF ORDINANCE N0. 372, AND TO ALLOW DANCE HOUSE BUSINESS WITHI~~ CERTAIN AREAS OF THE CITY OF Tr~tEST MEMPHIS, ARKAI~TSAS BE IT ORDAINED BY THE CITY- COUNCIL OF THE CITY OF WEST ~~iLPI-i.IS, ARKANSAS: Section. 1. Section II of Ordinance No. 372 is amended to read as follows "That it shall be unlawful for any person, firm or corporation to own, operate, conduct, or carry on a dance house business within __ the following area, to wit: Any area within three hundred ~ 300) feet of right of way of` tie following streets: Broadway Avenue, sometimes known as U. S . Highway ,#70, and extending from the West City Limits of the City of West Memphis, Arkansas, to the East City Limits of West r~Iemphis, Arkansas; Missouri Avenue, sometimes known as U. S. Highway #61, to the north City Limits; Woods Street; Avalon Street; including but not limited to that portion which. is sometimes known as Hulbert Road; Walker Avenue; provided none of the prc~:ibition against dancing shall apply to such dance house business licensed by the State of Arkansas as pri ve,te clubs to sell mixed drin'_~s, and provided further, that no dance '~.ouse shall be located in any area within the .City Limits of s'iA st Neriphis, Arkansas, zoned as residential. I A z"'urther condition to operate a dance house shall be that 1~4 ade gate g _ _ q' parkin facilities be provided for all patrons. PASSED ATvD APPROVED this / f r~ t day ° '~" ~"~~~` '~~- ~ ~~"~` 1; 7 ~ , .~.- ~; ~ ~ i iAYOF. ~ rin-y ~i1 1 J _ :~ _ ..~ J~ ~ ~ ~~~ r~~.~ ,A `~ Cl~.t' f CLE_R Mayor Ferguson announced the next item of business to come before the council is the se+~ond reading of an ordinance to rezone for mini ware- houses. Attorney Robert Smith read the ordinance for the second time. Alderman Grimsley made a motion to adopt the Ordinance on the second reading. Alderman King seconded the motion. After discussion, in- eluding audience participation, and upon roll call vote, the Ordinance was adopted on the second reading. The Mayor advised the first item under new business to come before the council was the recommendatiron from the Citizens Advisory Com- mittee for salaries according to A~.endment 56. Alderman Bentley made a motion to table this item until December 29. Motion was seconded by Alderman Harris. Upon voting, the motion was unanimously carried and it was (tabhe RESOLVED, That the matter of recommendations salary by the Citizen's Advisory Committee be and here- recom.) by is tabled until December 29. Alderman Horton made a motion that the Mayor appoint a committee from the council to make recommendation at the December 29 council meeting. Alderman Grimsley seconded the motion and upon roll call vote the motion was defeated. Voting was as follows: Morris -Aye Grimsley -Aye Hightower -Aye Horton -Aye Rodgers - No. Bentley - No. Cosgrove - No. Dickerson - No. Harris - No. King - No. The Mayor determined the motion defeated and that no committee would be appointed and the council will consider the matter of salary recom- 1~~ mendation at the December 29 meeting. The Mayor announced the next item on the agenda to be to amend Resolution 526 regarding council agenda. Alderman Grimsley made a motion to postpone until January 6 agenda. After motion being duly i deconded and unanimously carried, it Was ~I (Res. 526 RESOLVED, That the matter amending to Jan. 6) Resolution 526 be postponed until the January 6 meeting. The Mayor announced the next item of business to come before the Council to be a Resolution supporting the Douglas-McCuis~on Plan, Alderman Bentley made a motion to adopt the Resolution. Afi~:r motion being duly seconded an unanimously carried, it Was RESOLVED, That the City Council go on record (Gov. plan) as supporting the Douglas-McCuiston Alternate Plan to theArkansas Plan. ____ ~~ R SO U ION N0. E L T WHEREAS, the Honorable David Pryor proposes to recommend to t'~.e Arkansas General As s emb~.y a plan commonly known as the Arkansas ?lan which would gradually eliminate the State Turnback Funds, causing cities and towns in Arkansas to seek means of revenue from the County Quorum Courts through increased taxation, AND WHEREAS, the City Council of the City of West Memphis, Arkansas T~eels that such a plan would create disaster to services furnished our fine citizens of this City, namely, but not limited to fire wnd police protection, sanitation,- and recreation, AND WHEREAS, the Federal Revenue Sharing moneys to be returned to the cities has only been allocated to 1980 but may be terminated. at any time, we feel that this drastic loss of revenue would be catastrophic to operation of our City, AND ~~THEREAS, it is believed ths,i, our Crittenden County Legislative Delzgation would want our feelings on this matter; _ THEREFORE, BE IT RESOL~,~'D, that the West Memphis City Council go on record as opposing the Ar'.~.ansas .Plan; and, wish to go on record as supporting the Dou~la~ -~~~?c Cui ston Alternate Plan to the ;7 t? A~kan.sas Flan. PE IT FURTHER RESOLVED that this Resolution b e sent to the following: 1. The Honorable David Pryor,. Governor, 2. The Honorable Kent Rub ens, Representative, 3. The Honorable Lloyd McCuiston, Representative, ~. The Honorable James R. Stockley, Representative, and 5. The honorable W4 K., Ingram, Senator. PASSED AND APPROVL'D this lfith day of December 1976. ~. ATTEST: M ~p 7 :~ ,,. s' ~.,. ,,,,,,~, ,.,: ~ ~, ` CITY CLERK The Mayor announced the next item of business to be to amend Ordinance 784 pertaining to privilege license cost for plumbers. Upon motion duly made, seconded an unanimously carried, it was (Plumbers RESOLVED, That action on Ordinance to ordinance amend Ordinance 784 be and hereby is post- postponed) poned until the January 6 council meeting. Mayor Ferguson reported the next item to come before the council is the first reading of an ordinance to prohibit tampering with electric, gas or water meters. Alderman King made a motion to pass the motion on the first reading. Upon motion being duly seconded and unanimously approved, it was (meter RESOLVED, That the Ordinance prohibiting tampering tampering with electric, gas or water meters ord, passed is passed on the first reading. on first read. ) Mayor Ferguson announced the appointment of Morris Fair, Aubrey Holt and Bill Spencer to a Finance Committee to work out the financial arrangements of the purchase of the Tabernacle Baptist Church and asked the committee to come back with a recommendation as to how to complete the financing within ninety days. Mayor Ferguson made the following announcements: Bobby Keen is graduating today from the FBI Academy in Washington. MATCOG has unanimously adopted a resolution to _~support West ~"iemphis in it's efforts to secure TVA power. A copy of this resolution will ~be sent to all of Mississippi and Tennessee delegation in Washington. ~. ~~ 7 Auditors have visited and have sent letter in packet from them. The auditors will be here about three months from the middle or last of January. Southwestern Bell office is setting up meetings with Little Rock officials to get all sides of the question concerning zero plus dialing and it will be brought back to council for any resolution or action the council would like to take at that time. Letter in packet. Budget meetings will be Monday, Tuesday and Wednesday nights at 5:90 p. m. District meetings for the Municipal League will be in Jonesboro tomorrow noon and Forrest City tomorrow night. Representatives from West Memphis will be sent. Mayor Ferguson presented Certificates of Appreciation to Eddie Brawley, City Engineer and Director of Public Works, who is leaving City Employ- ment; also to all outgoing Aldermen. Citizens requests came from Pat Lantrip, Crittenden County Chairman of the March of Dimes, who reported her organization has planned a 24-hour dance-o-thon to be held at the Eugene Woods Civic Center and asked the Council to waive the 12:00 o'clock curfew on February 4th and 5th. Alderman Bentley made a motion to allow this matter to come before the Council at this time, to waive the rules and put on the agenda. After motion was seconded, it was unanimously RESOLVED, That this matter be on today's agenda. Alderman Bentley made a motion to waive the twelve o'clock curfew. After discussion and upon motion being duly seconded and unanimously carried, it was (waive cur- RESOLVED, to waive the Twelve O'clock curfew few for dance- on the nights of February 4 and 5 for the Dance- 0-thon.) o-thon. The Mayor's office is to write aletter to Eugene Woods Civic Center to this effect. Alderman Bentley made a summary of work done on the Council as Follows ~? STATE OF THE CITY REPORT "The West Memphis City Council who is charged with the financial budgetary functions and responsibilities are pleased to announce at the close of this year and the completion of tenm.s for 6 ofj this 10 aldermen that the city budget was left with over $400, 000. 00 to start the upcoming year of 1977. There are many projects that have been initiated and completed in recent months that should receive some attention for the record. Completion of the Municipal Complex, which includes the Municipal Auditorium, City Hall, two lighted parking lots, the Bicentennial Plaza and landscaping. Committees headed by aldermen and other department heads coordinated their completion. Authorized by the City Council was the establishment of the Utility Committee. The initiative and actions of this committee has resulted in more efficient city operations and a reduction in cost by consolidation of jobs, which reduced salary expense to the city of over $115, 000 annually. _ . Another apparent reduction in cost was in the area of surplus inventory of supplies. Reduction of this surplus resulted in over a $250, 000. 00 savings. The committee created a metering department that has effectively reduced theft of electricity and prevented future loss of revenue. The com- mittee also effectively worked to obtain a $792, 000. 00 settlement with Arkansas Power and Light. The reactivation of efforts to obtain power from TVA can be singled as the one most important project of the com- mittee, if and when it materializes in the future. Anew contract with AP & L has resulted initially in a $24, 000. 00 annual savings and re- structured rates will improve cash flow for our operation. Authorized an provided funding in the budget for a new Maintenance Facility and store room for stock supplies. This is to be started in early 1977 at an approximate;cost of $400, 000. 00 to $500, 000. 00. This facility, ~~vhen completed, should maintain all vehicle services, provide preventive- maintenance, and also conduct major repairs when necessary. Authorized by the City Council, the City has also moved into the age of computers with its Data Processing Dept. That department has only scratched the surface as to its usefulness in such matters as city reporting, billing, payroll, accounts receivable, budgeting processes, and even one day aid in crime pre:ventis~r~_through Police Departmental input. Also authorized by the City Council is the largest community project ever in the history of West Memphis. That is the completion of a multi- purpose 50 acre park. Without extremem sacrifice, hard work, and strong dedication on the behalf of theCity Council and Parks Department, this reality would not have materialized. Another project to mention that was authorized by the City Council was the 1. 5 million dollar Community Development Projects. That project in- cluded Jackson Street, South Avalon, 17th St. , and many other smaller capital improvement expenditures over the past two years. Other projects and improvements authorized by the Council was the construction of the fire station on Jackson, purchase of the fire truck, in- creasing the number of and updating of vehicles in the Utility Dept. , Police Dept. ,Sanitation Dept. , Street Dept. , and other ancillary departments improvements with Revenue Sharing Moneys. _ Authorzed the position of Purchasing Agent to do competitive buying and to control stock inventory which has reduced excessive expenditures at an estimate of over $60, 000.00 annually. The City Council has also authorized major improvements in employee salaries and job classifications. The newly created Personnel ~]epartment has or is hoping to provide better records of employees activities which are essential to their receiving fringe benefits provided by the City. The ad- ditional security of jobs by obtaining civil service direction and protection of personnel rights is another effort the City Council has taken to respond to the most valuable asset the city has, its' employees. The reorganization of departments and clarifying responsibilities of ~4~(.l department heads has strengthened the City's operation. We hope these department heads will continue to operate our City Departments as any big business would, with increasing efficiency. These are only a few of the many projects the present City Council has worked hard to make a reality for their community and its citizens. This is not to say that the City Council did not draw from many resources from within our City, because they did. And those citizens that contributed so much should also share in these areas of progress for our City. It was once said, "A man's worth could be measured by the fruits of his labor. It is our sincere hope that our labors were those that bore good fruit and will withstand the changes of time. We want to take this opportunity to wish all newly elected officials the best of everything and encourage them to operate the city on a strictly big business basis for the welfare of all our citizens. " r Alderman Rodgers complimented Jean Hillencamp on the years of devoted service to the City Council as she will not be taking the minutes after January 1, 1977. Aldermen Horton and Grimsley expressed gratitude and praise to outgoing aldermen. It was reported that Joryn Smith of the Utility Depart- ment is in Pine Bluff checking on solar energy. Alderman Grimsley made a motion to recess until December 29, 1976. Upon motion duly seconded and unanimously carried, it was RESOLVED, That the meeting be recessed until December 29, 1976, at 5:00 ~. m. The meeting recessed at 5:17 p. m. f~~~ ./ Mayor ATTEST: T~ -~' City Clerk ~I Q k 1