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March 3, 1977~~ MINUTES WEST MEMPHIS CITY COUNCIL MARCH 3, 1977 A regular meeting of the West Memphis City Council was held in the Council Chamber at City Hall in West Memphis, Arkansas, on March 3, 1977. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Roberta Jackson Doug Morris R. H. Ray Doug Shelton R. S. Spencer Don Grimsley Charles Hampton James Hightower Pritchard Horton being a quorum. Alderman Lloyd Woodell was absent. Mayor Ferguson called the meeting to order and announced she would like to present two distinguished service awards. Chief of Police Bobby Keen was presented a certificate for catching a bank robber at the Meadowbrook Branch of the Bank of West Memphis on February 22, 1977. An award was also presented later in the meeting to Mr. Clyde Wilhoite for his work on the Civil Service Commission. Mr. Wilhoite had resigned from the Commission. Minutes of the meeting of February 17 were not approved pending research on the changing of a vote by one of the Aldermen. The minutes showed Alderman Doug Shelton as changing his vote on the Auditorium Commission ordinance from yes to no. A correction was made by the Mayor in the wording of the permission given to the City Beautiful Commission to name the garden in front of the Police Station a memorial park instead of "Memorial Park". Mayor Ferguson asked for Committee Reports. Alderman Spencer, ~v .~ ~. ,~; ~~ Chairman of the Budget Committee, stated his committee met on March 1 and discussed the matter of letting office equipment maintenance contract for ensuing year. Bids were received from Douglas Typewriter Company and Guinn Office Equipment Company. Alderman Spencer made a motion to refer this item back to the Budget Committee. Alderman Horton seconded the motion. Upon voice vote, it was ._~. ~ ~ ~ . v, ~~~ (office equip. RESOLVED, That the matter of office equip- main.) ment maintenance contract:: be and hereby its ~~_ ~ x~f~ri. back to the Budget Committee. Alderman Grimsley, Chairman of the Utility Committee, in reporting from the Utility Committee, made a motion to award the bid for water pipe to the Walker Subdivision to the Waterworks Supply Company for a price of $44, 118.48. Alderman Hampton seconded the motion. Upon voice vote, it was (Utility D. RESOLVED, That the bid for water pipe to water pipe) Walker Subdivision be awarded to Water- works Supply Company for a price of $44, 118.48. Alderman Grimsley made a motion to award the bid for boring under the Interstate to Walker Subdivision to Road Boring & Tun- neling Co. , of America for $16, 125. 00. Alderman Spencer seconded the motion. Upon voice vote, it was (Utility D. RESOLVED, That the bid for boring under boring) the Interstate to Walker Subdivision be a- warded to Road Boring & Tunnelling Co. , of America for $6, 125. 00. Alderman Grimsley made a motion that the Utility Department be given approval to proceed with Radio Control Load Manage- ~ ment Program and permission to contact AP&L. Alderman Morris seconded the motion. Upon voice vote, it was v ,~ e ~ ,~' 5 i 51. r- 1, RESOLVED, That the Utility Department is (Utility D. hereb iven a royal to proceed with the radio control ~ ~ -: , a ~ t y g pp load pr og. ) .., ~,; , 4~~ ~ Radio Control Load Management Program. Alderman Grimsley made a motion to approve the Policy and Procedure Manual prepared by Margaret W oolfolk for the Utility Department. Alderman Horton seconded the motion. Upon voice vote, it was x, RESOLVED, That the Policy and Procedure (Utility D. ~~r ~ ~ ~ Manual prepared by Margaret Woolfolk for policy and ri.~- ~~.F t ~ ~ 3~:- s the Utility Department be and hereby is ap- procedure ,_~,~-~<.~ proved. manual) Alderman Grimsley reported Utility Committee had bids for passenger car advertised for an the lowest and best bid was sub- mitted by A. J. Thomas for $4, 347. 12 for afour-door Fury. Alderman Hampton, Chairman of the Street Committee, re- ported that bids were opened at 9:00 A. M. for the Asphalt Distributor and Cab and Chassis and upon recommendation from the committee made a motion that the council approve awarding the bids to Hawkins Equipment Company for the Asphalt Distributor at a price of $11, 3 52.66 and to Tom Gibson Ford for the truck at a price of $7, 445.32. Alderman Shelton seconded the motion and upon voice vote, it was RESOLVED , That the bid be awarded to Hawkins (street dept. Equipment Company for the asphalt distributor asph. dist. at a price of $11, 3 52. 66 and to Tom Gibson Ford truck) V at a price of $7, 445.32. Alderman Jackson, Chairman of the Sanitation Committee, reported that her committee voted not to pay $612. 00 being charged above bid price by Tom Gibson Ford. Alderman Jack- son made a motion to grant permission to advertise for bids on fifty containers for dumpsters to be paid for with revenue sharing funds. Alderman Grimsley seconded the motion. Upon voice vote, it was . , ~F~r _~,~_ ~' ~~; .N ~~ (Sanitation D. RESOLVED, That permission be and hereby bids for con- is granted to advertise for bids for fifty tamers) containers for dumpsters to be paid for with revenue sharing funds. Alderman Jackson made a motion that the City Council, the Chamber of Commerce, the City Beautiful Commission and the Sanitation Department work together in a litter campaign to clean up West Memphis. Upon motion being seconded and voice vote, it was (Sanitation D. RESOLVED, That the City Council approves clean-up working with the City Beautiful Commission, campaign) the Chamber of Commerce and the Sanitation Department in a litter campaign to clean up West Memphis. Alderman Ray, Chairman of the Police Commission, reported that the Chief had a request from Sunset for the old light bars and sirens. Alderman Ray made a motion to give these items to Sun- set and the Marion Fire Department free of charge. Alderman Grimsley seconded the motion and upon voice vote, it was (Police D. RESOLVED, That the town of Sunset and the light bars Marion Fire Department be given free of ~ sirens) charge the old light bars and sirens from the Police Department. Alderman Ray made a motion that the bid by Tom Gibson Ford be accepted for $4, 154. 34 fora 1977 Ford F100 for a dog truck. Alderman Shelton seconded the motion, and upon voice vote, it was (Police D. RESOLVED, That the bid by Tom Gibson Ford dog truck) be accepted for $4, 154. 34 for a Ford F100 for a dog truck. Alderman Ray made a motion that the low bid of $35, 991.04 b-e awarded to A. J. Thomas for eight cars. Alderman Jackson seconded the motion and upon voice vote, it was (Police D. RESOLVED, That the low bid of $35, 991. 04 8 cars) be awarded to A. J. Thomas for eight cars; four-door Fury RK41, 1977. ...... 1. •. • ~. . .. _ ~ ` 6 ,~ ~-, ~~ _ ~ - -~ ThFe Maya .,abt~de~-~th~~rrst_i~em~~~.~di~ll~u~is~~o be the second reading of an ordinance creating a new Utility Committee. City Attorney Robert Smith read the ordinance for the second time. Alderman Horton made a motion to pass the ordinance on the second reading. Alderman Grimsley seconded the motion . Alderman Spencer stated he and the Mayor had discussed the possibility of having a tov`in meeting on this issue before the third reading. Some of the Aldermen and the Mayor approved of the idea of a town meeting for citizen input. After discussion and audience garticipation(by Dan Craft), it was RESOLVED, That the ordinance creating a new utility committee be and hereby is a- dopted on the second reading. Mayor Ferguson recognized Dick Tidwell who, at the request of the council, made a report on money absorbed by the city between ~. the dates of b111ing by AP&L and rate increases passed on to the customers. Mr. Tidwell stated a little over One Million Dollars had been absorbed, plus expenses of attorney's fees, travel , etc. , during a law suit of $60, 000, which amounted to better then One Million Sixty Thousand Dollars absorbed by the City of West Memphis since 1974 as far as rates are concerned. Mayor Ferguson announced the first order of new business to be the first reading of an ordinance concerning requirements for plumbers license. City Attorney Robert Smith read the ordinance for the first time. Alderman Shelton made a motion to pass the ordinance on the first reading. Alderman Grimsley seconded the motion. Upon roll call vote, it was 2nd R. (Utility Com ordinance) RESOLVED, That an ordinance requiring 1st R. plumbers to have an established place of (plumbers business in West Memphis before license license} may be issued, and other requirements, be and hereby is passed on the first reading. ~. a.~l~ Mayor Ferguson recognized Alderman Hampton for the next item of new business. Alderman Hampton asked Mr. Leon Duvall to tell the council the situation concerning Rich Road at Dover and Rich- Road at Balfour Street. Mr. Duvall stated he had a o~py of a petition with thirty=two signatures requesting that stop signs be put up at these intersections and stressed the importance of these signs for safety. Alderman Horton stated the city had entered into a contract with the Federal Government whereby they would furnish signs free of charge if the city would follow their plan of placing these signs. Mayor Ferguson asked Louise Wheeler to make an explanation of the Uniform Traffic Manual. Mrs. Wheeler made the explanation of the requirements of the manual and read a portion of the letter from the State Coordinator of Public Safety, stating that Arkansas statutes say that all new installations of traffic control devices on the state, city or county level shall conform to guidelines as set forth in the Manual on Uniform Traffic Control Devices, and that state statutes take precedence over conflicting city ordinances. Mrs. Wheeler advised that the signed agreement between the city and the state says the City of West Memphis will conform to the Uniform Traffic Control Manual. The latest traffic count, taken in 1974, did not warrant stop signs at the intersections of Rich Road and Dover Street and Rich Road at Balfour Street. Alder- man Horton made a motion that the council ask Mrs. Wheeler to take another traffic count at the intersections of Rich Road and Dover Street and Rich Road and Balfour Street. Alderman Grimsley seconded the motion and upon voice vote, it was (copy of signed petition attached) (P, W. Dept. RESOLVED, That the council ask Mrs. Wheeler traffic count) to take a traffic count at Rich Road and Dover Street and Rich Road and Balfour Street. Mayor Ferguson asked that the Police Commission take some of these items of discussion to the next Police Commission meeting. Alderman Horton made a motion for afive-minute recess. ~~ Alderman Shelton seconded the motion and upon voice vote a five minute recess was declared. Mayor Ferguson called the meeting back to order at 3:45 p. m. , and announced the necessity to waive the rules to put an emergency ordinance on the agenda to waive bids for the purchase of a Vactor-Jet Rodder by the Utility Department. Alderman Morris made a motion to waive the rules to put the ordinance on the agenda. Alderman Hampton seconded the motion. Upon roll call vote it was decided to put the ordinance on the agenda. Alderman Grimsley introduced an ordinance to waive the bids establishing an emergency for the purchase of the equipment. City Attorney Robert Smith read the ordinance. Alderman Ray made a motion to suspend the rules for the reading on three different days. Alderman Grimsley seconded the motion. Upon roll call vote, the rules were suspended. City Attorney read the ordinance the second time. Alderman Jackson moved the rule requiring the ordinance to be read on three different days be further suspended. Alderman Horton seconded the motion. Upon roll call vote, the motion carried and the rules suspended. City Attorney read the ordinance the third time. Alderman Morris moved the ordinance be adopted. Alderman High- tower seconded the motion. After lengthy discussion Alderman Grimsley called for the question. Upon roll call vote, the ordinance and emer~ency clause were adopted. ORDINANCE N0. AN ORDINANCE TO WAIVE COMPETITI~TE BTDDI:NG, ESTABT,ISHING AN EMERGENCY ANA? FOR OTHER PURPOSES . W_FiEREAS, Arkansas Statute 19-~~25 allows waiving of competitive bidding in exceptional situations where such. Procedure is deemed not .feasible or practical, and WHEREAS, there are many items necessary for the Cityrs use where competitive bidding is deemed not feasible or practical; ..NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waiued for the following item to be used by the City, which is described as follows: One (1) -Model 800 VACTOR-JET RODDER - $5g,~6~.00 Manufactured by Myers-Sherman Co., Streator, Illinois 2. E~n.er~ency. Clause. - It having been found and determined by the City Council of the City of West Memphis, Arkansas that there is an urgent need by the City of West Memphis for the item described above, an emergency is hereby declared to exist, and. this Ordinance-being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis,. Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this 1977. A'1"PEST ~~' --.. CITY CLERK day of , G !`~ ~ ., O~`d=-. MAYOR Mayor Ferguson stated the next item of business was the request for permission to advertise for bids on weed control. Alderman Grimsley made a motion to grant permission. Alderman Hampton seconded the motion. Upon voice vote, it was Purchasing (weed control) RESOLVED, That permission be and hereby ~' is granted to advertise for bids on weed control. Mayor stated the next item of business was the request for permission to advertise for bids on pest control. Alderman Spencer made a motion to grant permission to advertise for bids on pest control. Alderman Grimsley seconded the motion. Upon voice vote, it was Purchasing RESOLVED, That permission be and hereby (pest control) is granted to advertise. for bids on pest control. The Mayor advised the next item of business was the request from the Insurance Committee for the approval of advertising for ~~ 'Y, °°~ i ~~ bids on insurance on City owned property and vehicles and permis- sion for the committee to accept the lowest and best bid. Alder- man Jackson made a motion to grant permission to the Insurance Committee. Alderman Grimsley seconded the motion and upon voice vote, it was RESOLVED, That approval be and hereby is (insurance granted to the Insurance Committee for ad- vertising for bids for insurance on city-owned property and vehicles and for the Insurance Committee to award bid to the lowest and best bidder. The Mayor made the following appointments to the City Beautiful Commission, at the request of the Commission, with the approval of the council: From Ward Four, Mrs. John Christian, 2509 Gathings and Mrs. Eddie Bethany, 519 Burns. Mayor Ferguson asked for a recommendation from the Aldermen from Ward Two for a recommendation for an appointee to the Civil Service Commission. Alderman Spencer stated they would make a recommendation. Mayor Ferguson announced that the City of West Memphis will be fifty years old March 21. The Birthday Committee has set April 30 for the day of celebration; there will be a parade at 2:00 p. m. , but that final plans will be announced at next council meeting. Mayor Ferguson announced there will be a town meeting next Tuesday night, March 8 at 7:30 p. m. at the Auditorium to discuss the utility ordinance. The Mayor asked all the council to be present. Alderman Spencer complimented Mr. Bob Jennings of South- western telephone company and Mr. Halford who owns property at Barton and Missouri for their reception to the resolution regarding hazardous parking; they have closed the front of the building to ~Y r ~~ 5b~ customer parking and plans are being made to further eliminate the problem. Alderman Hightower advised there had been afour-car collision at Fourteenth and Broadway and asked Mrs. Wheeler to write to the Arkansas Highway Department to ask for school zone signs for that intersection. Alderman Horton asked if there were any new developments on the coal shute that was supposed to come here. The request was made that the Mayor's office pursue this; that Mr. Ralph Sloan be called to see if he had news of any further developments. An announcement was made regarding Mr. Bob Stewart and his part in keeping an industry in West Memphis. Otis Elevator Company would be occupied by Taylor Machine Works of Louisville, Mississippi. Mayor Ferguson asked City Attorney Smith to dictate a resolution commending Mr. Stewart. Alderman Grimsley made a motion to adopt the resolution. Alderman Hightower seconded the motion and upon voice vote, the following resolution was adopted: RESOLUTION NO. 583 WHEREAS, The West Memphis City Council is cognizant of the fine economicT t input industries bring to our city, and WHEREAS, It has come to the attention of the West Memphis City Council that a new industry is coming into the building formerly occupied by Otis Elevator Company, therefore, be it RESOLVED by the City Council of the City of West Memphis, Arkansas, that the Council go on record as commending _... :. ~~ MR. BoB sTEWART' for his efforts in bringing this industry to our city, and be it further RESOLVED, That a copy of this Resolution be sent to the following: West Memphis Chamber of Commerce Mr. Bill Taylor, Louisville, Mississippi Passed and approved this Thir~ ay of March ~, ~.9?7• a-~~ Moor ATTEST: .f Y City Clerk There being no further business to come before the council, Alderman Grimsley made a motion to adjourn. Alderman Jackson seconded the motion and upon voice vote the meeting adjourned at 4:16 p. m. ~ ~!~, Mayor ATTEST: City Clerk ~~ ld