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August 4, 19772~~. MINUTE S WEST MEMPHIS CITY COUNCIL AUGUST 4, 1977 The West Memphis City Council met in a regular session at 1:30 p. m. , Thursday, August 4, 1977, in the council chamber at City Hall. The meeting was called to order by the Mayor. Present were: Mayor Joyce T. Ferguson City Attorney Robert L. Smith Aldermen: R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightow e r Pritchard Horton Roberta Jackson Doug Morris b e ing a quo rum. Alderman Doug Shelton offered prayer. The Mayor announced awards would be presented by a member of the Board of Review and asked City Attorney Robert Smith to intro- duce Marilyn Bennett. Mr. Smith made an explanation of the work of the Board of Review and introduced Marilyn Bennett who stated the objective of the Board of Review was to keep adult magazines out of the reach and sight of children in places of business in West Memphis. Ms. Bennett presented awards to the following merchants for not selling adult magazines in their stores: Walgreens, City Drugs, Spotts Drug Store, Kroger, Safeway, Wal-Mart, Luc] Foods, Suzy's Food II Big Star Foodeteria, Gene Stimsons, Magic-Mart, Super D, Night and Day Market. The Mayor announced the first item of business was the Airport matter and recognized Dr. Zeb Freeman who asked for approval of the issuance of $150, 000 Airport Revenue Bonds at 6% amortized over twenty years for purchasing a leasehold of a fixed base operator that was foreclosed on by a New Orleans company. Dr. Freeman stated the Mid-Continent Systems of West Memphis was ready to sign a lease. ~. ~~ ~~~ Alderman Spencer made a motion to approve the issuance of the bonds. Alderman Shelton seconded the motion. During discussion Morris Fair stated he had reviewed the airport matter and was in agree- ment with the issuance of the bonds. Upon roll call vote, all aldermen voted for the motion and it was unanimously RESOLVED, That approval is hereby given for the issuance of $150, 000 Airport Revenue Bonds. Mayor Ferguson presented a Distinguished Service Award to George Craig for his expert photography during the City's Fiftieth Birthday celebration on April 30, 1977. The Mayor announced that material for the time capsule had been laminated and the capsule buried at the north entrance of City Hall ; that the marble slab marking capsule which is to be opened on July 4, 2076, has just been finished. a The Mayor stated she had a Distinguished Service Award for r -Charlotte Gray, Chairman of the Board of Review, who is moving away and could not be present to receive the award. The Mayor commended Ms. Gray for her tireless efforts on the Board. The Mayor stated the next item on the agenda was approving the- minutes of July 7, 1977. Alderman Hampton made a motion to approve the minutes. Alderman Jackson seconded the motion and upon voice vote, the munutes of July 7, 1977, were unanimously approved, all aldermen voting "AYE". Mayor Ferguson asked if there were requests from citizens in the audience and recognized Frank Waggener, owner of Mid-Continent Systems. Mr. Waggener spoke on the utility rate increase and how it would affect the businesses and the citizens in West Memphis. He encouraged the city government to seek other ways, such as sales tax, to obtain money to operate the city with rather than taking grants from the Utility Department. Mr. Waggener asked the Mayor and Council for certain information outlined in a lettor to the Mayor, dated August 1, 1977. The Mayor advised Mr. Waggener that Mr. P. G. Para had been asked to answer his letter. Mr. Waggener emphasised the ~ ~~ ~~~ need for cutting expenses. The Mayor recognized Mr. Frank Steudlein who also spoke on the affects of a utility increase and the necessity of the city finding another source of income rather than taking a grant from the utility department. Mr. Steudlein stated that the city had a five year slump which had been preceded by five or six years of business and industrial growth and challenged the city to begin another five years of growth. Mr. Steudlein voiced the opinion that there should be an increase in all three segments in utility billing and not just the commercial and industrial if there is to be an increase. The Mayor recognized Mr. Dan Craft who spoke against the electric rate increase. and the necessity for the city to cut expenses. The Mayor recognized Mr. Gene Up~.on from Canners of Eastern Arkansas, who spoke against electric rate increase. Mr. Upton stated he had talked with Mr. Pidgeon, owner of Coca-Cola Bottling Company, owner of Canners, and they find circumstances different than when they decided to come to West Memphis. Mr. Leon Duvall was recognized by the Mayor and asked questions concerning cutting the city budget and concerning city ernpioyees being furnished cars and drawing car allowances. The Mayor assured Mr. Duvall that no city employee is given the use of a city car and re- ceiving a car allowance too. Mr. Charles Douglas was recognized by the Mayor and spoke against an electric rate increase; especially from the standpoint of the small business man. Mr. Douglas also asked what would be done with the refund the city received from AP8~L. Alderman Woodell made a motion for afive-minute recess and upon motion being secon ded and unanimously carried, the Mayor granted afive-minute recess. The meeting was called back to order by the Mayor at 3:00 p. m. The Mayor announced the first item of old business to be the second reading of an ordinance concerning annexation. The City ~~~ Attorney read the ordinance the second time. Alderman Hampton made a motion to adopt the ordinance on the second reading. Alderman 1 Morris seconded the motion and. upon roll call vote, it Was unanimously adopted on the. second reading; all members of the council voting for the motion. •~. The Mayor announced the first item of new business to be the preliminary approval of a -plat for Westwood Shopping Center.. Alderman Shelton made a motion to give the preliminary plat approval. Alderman Morris seconded the motion. After discussion and upon roll call vote, preliminary plat approval wasunanimously given, all aldermen voting for the motion. ~ - Alderman Grimsley made a motion to give final plat approval s Alderman Spencer seconded the motion and upon roll call vote, the plat was given final approval, all members of the council voting for the motion. • ~ The Mayor stated the next•item of new business was a resolu- tion changing .the Comprehensive Plan for the City of West Memphis affecting an area on North Seventh Street. The Mayor advised that the Planning Commission had recommended this change. City Attorney Smith read the resolution. Alderman Horton made a motion to adopt the resolution. Alderman Grimsley seconded the motion and upon roll call .+ vote, it was unanimously adopted, all members of the council voting for the resolution. The Resolution was given number 595 and appears as follows Whereas, The West Memphis Planning Commission at their meeting on July 27, 1977, voted to recommend to the West Memphis City Council the following change in the West Memphis Comprehensive Plan: From Industrial to Commercial an area bounded on the north by East Barton Avenue; bounded on the east by the residential area; bounded on the south by Ten Mile Bayou and bounded on the west by North Seventh Street; therefore, be it ~:. _ _4 r ~' /~ 1N, ' .A. a ~~~ m,.~. RESOLVED, That the West Memphis Comprehensive Piari is hereby changed as recommended by the West Memphis Planning Com- mission, as follows: 'An area from Industrial to Commercial with the following boundaries: North -East Barton; East -Residential Area; South -Ten Mile Bayou; West -North Seventh Street. PASSED and APPROVED this ~ ~ DAY of_ ~ - - - _ , 1977. mayor ATTEST: `~ City Clerk d The Mayor announced the next item of new business was an ordinance concerning rezoning certain land on North Seventh Street which was also recommended by the Planning Commission. Alderman Grimsley introduced the ordinance. City Attorney Smith read the ~,-.,, . ordinance declaring an emergency. Alderman Ray moved the rule .~ requiring the reading in full on three different days be suspended. Alderman Hampton seconded the motion. Upon roll call vote, the motion unanimously carried and the rule suspended. The City Attorney 'read the ordinance the second time. Alderman Morris moved the rule requiring the ordinance read on three different days be further sus- pended. Alderman Grimsley seconded the motion. Upon roll call vote, ~. the motion. unanimouslycarried and the rule was suspended. The City .. Attorney read the ordinance the third and final time. Alderman Woodell moved the ,ordinance be adopted. Alderman Shelton seconded the motion. Upon roll call vote the motion unanimously carried. Alderman Hightower ..~ ~-. w ~~ moved Section 2, the emergency clause be adopted. Alderman Jackson seconded the motion. Upon roll call vote, the motion unanimously ~_. carr~~;I~~tN '' ~~ ~ ~ Z NIo G . ~aLP.SSIaF~~C.~T~ION ance and OF A PORTION OF ~~~..-~T~?2~`~E~S~T ~~~?~~1'~PR "OT' ~~'C~` 7 , T0~ SHIP 6 1?OZT , ?ZANGE 9 • yS , CRITTE:`1DEN COUNTY , AR~~A~ISAS • ve o. 12. WHEREAS, an application has been .filed by the owners of the property hereinafter described, with the Planning Commission of the City of West Memphis, Arkansas, asking for an amendment to the existing zoning ordinance; and, WHEREAS, G. W. McAuley, chairman of the Plarnirg Commission for the City of West Memphis, Arkansas, in accordance with law, caused the notice to be published in the Evening Times newspaper, no~ifying all persons of a hearing to be held on July 27, 1977, on the aforesaid application; and WHEREAS, on the 27th day of July, 1977, at 3;30 p.m., the said application for amendment to the existing zoning ordinance -aas presented to the Planning Commission of the City of West Meir:phis, Arkansas, and after the same was thoroughly considered, the said Planning Commission voted unanimously to rezone said property according to said petition; and WHEREAS, the Planning .Commission of the City of West Memphis, Arkansas, certified its recommendation to the City of West Memphis, Arkansas; and WHEREAS, the City Council of West Memphis, Arkansas, deems it in the best interest of the City of West Memphis, Arkansas, to accept said recommendation of said Planning Commission. NOW, THEREFORE, be it ordained by the City Council of the City of West Memphis, Arkansas; Section 1. The existing zoning ordinance of the City of West Memphis, Arkansas, be and the.. same ,is hereby amended so that the property hereinafter described shall be rezoned from NS-1 to B-2, said property being more particularly described as follows: That part oz the Northeast Quarter (NE 1/4) of Section 7 , Totimship 6 .forth, Range 9 East, Crittenden County, Arkansas, more particularly described as follows, to-wit: Commecing at the Northwest corner .~ "~ of the said NE 1/4 of Section 7, Township 6 North, Range 9 East; run thence East 40 feet along the north line of the said Section 7; thence South 0 degrees 47 minutes East 1,410 feet to the point of beginning; thence East 650 feet on a line parallel to the ~lorth line of said Section 7; thence South 0 degrees 47 minutes East 350 feet; thence ~~1est 650 feet on a line parallel to the worth line of the said Section 7; thence North 0 degrees 47 minutes West 350 feet to the point of beginning. Section II. Emergency clause. That it is ascertained that there is an immediate and urgent need for said amendment to the existing zoning ordinance in order that the said property may be used without delay. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preserva- tion of the public peace, health and safety shall take effect and be in force from and after its passage , Dated this %f -~ day of ~1 '- ~ / ~ ~ ____~.. ;~ , 1977. APPROVED: ~,yd~ '~ ATTEST: ity Clerx ~,,/.' The Mayor announced the next item of business to be an ordinance to readjust electric rates. Alderman Grimsley introduced the ordinance. The City Attorney read the ordinance in full for the first reading. Alderman Ray moved that the rule requiring the reading in full on three different days be suspended. Alderman Hampton seconded the motion. Upon roll call vote, the motion carried by a vote of 8 to 2, Aldermen Shelton and .Jackson voting against the motion. The rule was suspended. The City Attorney read the motion the second time. Alder- man Horotn moved the rule requiring the ordinance read on three different days be further suspended. Alderman Grimsley seconded the motion. Upon roll call vote the motion carried by a vote of 8 to 2, Aldermen Shelton and Jackson voting against the motion. The rules were further suspended. The City Attorney read the ordinance the third and final time. ~r'.a. •~ ~w ~~ Alderman Morris moved the ordinance be adopted. Alderman Woodell seconded the motion. Upon roll call vote, the motion carried by a vote of 7 to 3, Aldermen Shelton, Jackson and Hightower voting against the motion. During prolonged discussion, AldermaneH~rtor~ called for the question. Alderman Grimsley seconded and upon roll call vote, the motion calling for the question carried by a vote of 7 to 3. Alder- n~vn Shelton, Jackson and Hig~,to-wer voted against the motion. Debate ceased. Upon roll call vote on the motion to adopt the ordinance, the motion carried by a vote of 7 to 3. Aldermen Shelton, Jackson and Hightower voted against the ordinance. Alderman Morris moved that Section 8, the emergency clause be adopted. Alderman Horton seconded the motion and upon roll call vote, the motion carried by a vote of 7 to 3. Aldermen Shelton, Jackson and Hightower voted against the motion. The ordinance and the emergency clause were adopted and the ordinance was given number 913. D-/ ORDINANCE NO. ~/ / .. ORDINANCE TO ESTABLISH ELECTRICAL RATES FOR THE CITY OF `VEST ~1E~IPHIS, ARKANSAS, REPEAL- ING ALL ORDIiVA~TCES OR PARTS OF ORDINANCES I'iV' CONFLICT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES .~ WHEREAS, The Utility Committee of the City of West Memphis, Arkansas, has recommended and approved an increase in the electrical rates for the City of West Memphis, Arkansas, and WHEREAS, This increase is necessary to meet the increase of i Sixteen and two/tenths percent {16. 2%) imposed by the Arkansas Power & Light Co. , for the City of West Memphis, Arkansas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF WEST MEMPHIS, ARKANSAS, That the following rates for electricity shall be August 4, 1977. SECTION I. RATES FOR RESIDENTIAL ELECTRIC SERVICE. The rates for Residential Electric Service Customers of West Memphis, Arkansas, shall be as follows: A. The following rules and regulations shall become effective for residential electric customers of West Memphis, Arkansas. (1.) This schedule is for electric service in residences, individual apartments or flats for lighting, refrigeration and other domestic uses measured through one meter. (2.) Hotels, restaurants, rooming houses and boarding houses will not be served under this schedule. (3.) A detached building or buildings actually appurten- ant to the residence, such as garage, stable, barn or summer house, not being used for any commercial purpose, may be served by an ~x- tension of the customer's residence wiring and through the residence meter. (4.) When any part of a residence comes to be used regularly ' for commercial business, the Residence Service Rate thereupon ceases to be applicable; and the wiring must be separated, and the business part metered separately; or the Standard Commercial Lighting Rate must be applied to the whole.. premise. B. KIND OF SERVICE: Listed below shall apply to Single Phase alternating current at 12 0 volts or 12 0 / 24 0 volts. RESIDENTIAL RATE SCHEDULE RATE Monthly Flat Rate Summer (April -September) First 1000 KWH All additional KWH winter (October -March) ___.___ First 1000 KWH All additional KWH Residential Controlled Water Heating is discontinued. Fuel Adjustment Base Rates 3. 50 $0. 03 $0.023 $0. 03 $0.02 11.423 Mills /KWH (1.) MINIMUM CHARGE: A "Flat Rate" charge of $3. 50 per month is established . Per total residential loads in excess of 10 KW connected load and for meter loads in residence in excess of 3 HP connected load there may be an additional $3.25 net per KW per month for such load. (2.) PAYMENT AND DISCOUNT: The above rate is the net rate for bills paid within fifteen (15) days from date of the bill. The gross billing, which shall apply on all bills paid .after fifteen (15) days of date of bill, is ten percent (10%} and shall be forfeited. If a bill i5 Ordinance - Elect: ~° Rates Page "lhr~e ~~~, not ai.d ~vit_hin t~:irty (30i days from date thereof, the City shall have P the ri ht to disconnect the Consumer's servicc without further notice. €~ If a Consumer's service is disconnected for non--payment, the City may make a reasonable charge for the laver of reconnection. ECTION II. RATE FOR Cd:~TI~IERCL4L ELECTRIC SEI~,~'ICE. S The rate for Electric Service for Commercial Electric Service shall be as follotiv s A. KIND OF SER,VTCE : -Single Phase Alternating Current at ..____ 120 or 240 volts or 120 / 240 volts, three-wire, single phase ser ~~ice. R,A TE 500 Watts Connected Lead Rates Monthly Flat Chai•ae $3. 50 100 KWH, per KWII 8.39' Next 100 K~VH, per K~VH ~ ~ ?.05~ Next 350 KWH, per h~VH 6.3?~: Next 350 KWH, per I~VH 5.04 Next 600 K~~TI-I, per IL'~VH ~ 3.69 Additional KWH, per KWH 3.02 1, 000 Watts Connected Load Monthly Flat Charge $4.00 200 KWH, per KtiVH 8.39 Next 200 KWH, per IL~NH ?.05~ Next 350 IL'WH, per IL~VH 6.3?~ Next 350 KWH, per K`V H 5.04 Next 600 KWH, per IL~VI-I 3.6°~ Additional KWH, per KtiVH 3.02 2, 000 Watts Connected Load Monthly- Flat Charge $6.00 400 KWII, pcr KWII 8.39 Next 400 KWII, per I~~VH ?. 05~ Next 350 KWII, I~er K«"II 6. 3 i Next 350 KWII, pcr I~~if I-I ~ ~• 04~ l~ext 600 I~WII, ~~cr I~~~%I-1 3. 6^~ Additional K`VII, per. I~~~r Ii 3. 02~ Fuel Faso .~dju:~t.rncn± 11.423 1~Iills!KWLi ~~ B. MINIMUM CHAF,GE: The "Flat Rate" charge shall be the minimum in all cases. C. PAYMENT AND DISCOUNT: -The above rate is the net rate for bills paid within fifteen (15) days from date of the bill. The gross billing, which shall apply on all bills after fifteen (15) days of date of bill, is ten percent (10 %) and shall be forfeited. If a bill is not paid within thirty (30) days from date thereof, the City shall have the right to disconnect the Consumer's service without further notice. If a Consumer's service is disconnected for non-payment, the City may make a reasonable charge for the labor of reconnection. D. DETERMINATIOl~T OF DENTAND: -The demand shall be the sum total of the Consumer's load in Watts to the nearest 500 Watt unit, of all lights, motors, and other appliances as determined by the following schedule: Lighting .Load: 100% of all connected lamp wattage. Power Load: 40% of all connected motor load. One (1) H. P. of motor Load shall b e taken as the equivalent of 750 Watts. Customer will not be rated over 0. 5 KW demand unless his normal monthly consumption exceeds 1, 800 KWH, and not over 2 KW in any event. E. MISCELLANEOUS: -Fifty percent (50%) of the manu- facturers' rating of power load other than motors. Cooking, water and air heating loads, fans and lamp socket appliances of 750 Watts rating or less, not permanently connected, will not be counted. SECTION III. RATE FOR PRNATE LIGHT ELECTRIC SERVICE. The rate for private light electric service for West Memphis, Arkansas, shall be as follows RATE FOR PRIVATE LIGHT SEI3,VICE INSTALLED ON EXISTING U'i 1LI'I'Y YO LE • 175 V~att Mercury Vapor Light ---------------------$4.65 per month .~~ ~~~ ~~ .;, ~~~ 400 Watt Mercury Vapor Light -----_________________...~7, 00 per month 135 Watt High Pressure Sodium Light (+50% cost of bulb if broken) 4. 65 per month . " " " " if broken) 250 Watt High Pressure Sodium Light g, 00 per month 400 Watt High Pressure Sodium Light _ " " " " if broken) 10.00 per month 400 Watt Mercuty Vapor Unidirectional -------------- 14. 50 per month 1000 Watt Murcury Vapor Unidirectional ------------- 21. 50 per month Pole for above lights installed on customers property - 1. 50 per month Minimum Length of Service One (1) Year. The above prices have been calculated with a 10% discount. If payment is not made within fifteen (15) days, this discount is forfeited. SECTION IV. RATE FOR TEMPORARY ELECTRIC SERVICE. The rate for Temporary Electric Service for the City of West Memphis, Arkansas, shall be as follows A. INSTALLATION AND REMOVAL OF ~,VOODEN SERVICE POLES WITH PROVISIONS FOR OVERHEAD SERVICE, CONDUIT, AND RECEPTACLES (120 VOLTS AND 240 VOLTS, SINGLE PHASE ONLY) WHERE AVAILABLE ~~ COST ---------------------------------$20. 00 B. MON'I~LY CHARGE FOR POLE AND ENERGY CONSUMED, (METERED) SHALL BE THE SAME AS 500 WATTS CONNECTED LOAD SCHEDULE. C. WHERE POWER LINES (PRIMARY OR SECONDARY} ARE NOT AVAILABLE AT TI~iE DESIRED POINT OF DELIVERY OR A VOLTAGE OTHER 'T'HAN THE EXISTING VOLTAGE IS REQUIRED, THERE WILL BE A CIIARGE FOR THE INSTALLATION ACID P~E~IOVAL OF ALL EQUIPi~TENT REQUIRED TO FURNISH SEF~,VICE. THIS CHARGE WILL BE COMPUTED BY THE ENGINEERING DEPARTI1r1ENT. =~ SEE ITEM NO. 3 6 SECTION V. RATE FOPS I~TDUSTRL=~L ELECTRIC SERVICE. ~~ ~, #r. ;~ ~~ The rate for industrial Electric Service for the City of West 1rZem~his shall be as follows INDUSTRLAL RATE SCHEDULE RATE : 1 Demand Charge __ ~ 9 Ll-~1 s .~ Rates $3.25 ~~? 5% a: previous .June, July, August or September Maximum ~S Or~~nce -Electric bates Page Six Industrial Rate Continued Rate Energy Charge 10, 000 KWH $0. 028 Additional KWH, per l~'VH $0. 02 Fuel Adjustment Base 11.423 Mills/KWH ~ LOAD: The billing load for the current service month shall be the demand measured or computed from the company's demand meter during the current service month. However, the billing load for any month shall not be Less than 750 of the highest demand established in the preceding months of June, July, August or September. SECTION VI. THE BASE RATE OF ALL FUEL ADJUSTMENT CHARGES SHALL BE 11.423 MILLS PER KWH. INCREASES• OR DE- CREASES AS DETERMINED BY ARKANSAS POWER & LIGHT SHALL BE INCORPORATED AS A POR TION OF ALL BILLII~TG. SECTION VII. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION VIII. EMERGENCY CLAUSE. It being found and determined by the City Council of the City of West Memphis, Arkansas, that an increase in the electrical rates for the City of West Memphis is necessary and that this Ordinance is immediately necessary for the preservation of the public peace, health, safety .and welfare of the citizens of West Memphis, Arkansas, therefore, an emergency is declared to exist and this Ordinance -shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this ' ~ DAY of/~ ~ 1977. ATTEST: ~/ Mayor .. .~- Gity L'lcrk _~ ~' ~~~ The Mayor asked for Committee Reports. Aldermar_ Spencer, Chairman of the Budget Committee, made a motion that $13, 000 be taken from Revenue Sharing Funds to keep the operation of the emergency service vehicle to continue operating for 1977. Alderman Horton seconded the motion and upon voice vote, the motion unanimously carried; no one voting against the motion and it was RESOLVED, That $13, 000 is to be taken from the Revenue Sharing Funds and paid to Mike Cassin for the emergency service vehicle for continued operation in 1977. Alderman Hampton, Chairman of the Street Committee, made a motion that the council approve a street committee recommendation that sidewalks be built on North Fourteenth Street and Wilson Road by city crews before school begins. Alderman Jackson seconded the motion and upon voice vote, the motion unanimously carried, no one voting against the motion. It was thereby RESOLVED, That sidewalks are to be built by city crews on North Fourteenth Street and Wilson Road before school begins. Alderman Hampton made a motion that No Parking signs be erected on the south side of Thompson from North Seventh Street to North Fourteenth Street and on the east side of South Fourth Street from Broadway to Polk Street. Alderman Horton seconded the motion and upon voice vote, the motion unanimously carried, no one voting against the motion. It was thereby RESOLVED, That No Parking signs are to be erected in the following locations: South side of Thompson Street from North Seventh to North Fourteenth; East side of South Fourth Street from Broadway to Polk. Alderman Hampton made a motion to ask Mr. Smith to compose an ordinance prohibiting through truck traffic on Broadway, stating that signs are to be erected on Airport Road on the west. end of town and on I-55 overpass on the east end of town. A copy of the ordinance will be ~~ sent to the Arkansas Highway Department so they will _, erect the signs. Alderman Hampton made a motion that Mr. Smith be asked to draft a resolution to prohibit signs on the State right-of-way. And, that a copy be sent to the Arkansas State Highway Department so they will enforce the law. Alderman Horton seconded the motion and upon voice vote, the motion unanimously carried, all aldermen voting for the motion. It was thereby St. Dept. (AHD resolu- RESOLVED, That Mr. Smith draft a tion) resolution to prohibit signs on the State - right-of-way. That a copy of the reso- lution be sent to the Arkansas Highway Department so they will enforce the law. Alderman Hampton made a motion that city crews prime and asphalt South Twenty-second Street from Monroe South to Barrow I~.t. Alderman Morris seconded the motion and upon voice vote, the motion carried, no one voting against the motion. It was thereby (St. Dept.) RESOLVED, That city crews will prime and asphalt South Twenty-second Street from- Monroe south to the barrow pit. Alderman Hampton made a motion that city crews do the necessary drainage work under existing driveways driveways on Monroe; 15" pipe will be installed by Mr. Bob Cosgrove subject to city inspection and approval. Alderman Morris seconded the motion and upon voice vote, the motion carried, no one voting against the motion. It was thereby (St. Dept.) RESOLVED, That city crews will do the necessary drainage work under existing driveways on Monroe; Mr. Bob Cosgrove installing the 15" pipe subject to city in- spection and approval. Alderman Hampton said the scheduled street asphalt overlay program had been completed and made a motion that the 70 tons left in the program be used on Rhodes Street. Alderman Ray seconded the motion and upon voice vote, it was .unanimously carried, no one voting against the motion. It was thereby -~ ~.~ ~~ .- RESOLVED, That the 70 tons.. asphalt left in the asphalt program be used on Rhodes Street. Alderman Hampton stated a petition has been received requesting speed breakers on North Twenty-seventh Street. The Street Committee and the City Council referred the petition to the Police Commission. Alderman Hampton requested the Police Com- mission have letters written to each of the petitioners advising them of the decision of the Commission. Alderman Hampton stated the committee wished to ask Mr. Smith if a citizens radar patrol is legal and what guidelines should be. City Attorney Smith advised that anyone who would like to help should contact the Police .Department and be designated auxiliary or reserve. The Mayor stated the idea was that a letter from the Police Department to parents be sent advising them of their child speeding; then if they had five or six letters on one person, they could watch that car. Alderman Shelton made a motion that this matter be sent back to the Strut Committee. Alderman Hampton stated the matter would be taken up again at Street Committee meeting. Alderman Woodell asked if a four-way stop could be installed at East Barton and Fourteenth. Alderman Hampton advised they have have, a petition on four-way stops. Alderman Morris, speaking for the Utility Committee, made a motion that the low bid be accepted of Diversified Electric for the breaker and sub-station materials for Polk Street Sub-Station. Alderman Hampton seconded the motion. After discussion and upon voice vote, the motion carried, no one voting against the motion. It was thereby RESOLVED, That the low bid of Diversified Electric for the breaker and sub-station materials for the Polk Street Sub~stationbe and hereby are accepted. ~'~_ ~8 Alderman Morris, upon recommendation of the Utility Com- mittee, made a motion to use the refund money from AP& L to buy switching gear for the Dover Street Sub-Station using $200, 000 of the $791, 000 refund and the proposed million gallon elevated water storage tank using $500, 000 of the refund. Alderman Horton seconded the motion and during discussion Alderman Shelton stated there needs to be more study done on this and made a motion to table Alderman Morris' motion. Alderman Spencer seconded the motion to table and upon roll call vote, the motion carried by eight votes for the motion. Two aldermen were absent from voting: Aldermen Grimsley and Hightower. During voting, Alderman Ray suggested the council have a recessed meeting the following week and at that time would be in a position to say what they wanted to do with this money; also at that time would be in a position to pass a Utility Co~xn.ission. During voting Alderman Woodell commented he was in favor of a recessed meeting that __ that was the proper time to consider this and also the proper time to consider a Utility Commission. Alderman Hampton commented during voting that he intends to contact people concerning how refunded money should be used. Alderman Horton asked if council was in favor of recessed meeting before his vote was given. Alderman Hampton asked what all we were going to discuss next week. Alderman Horton replied voting on $700, 000 for tank and sub-station and a commission. Alderman V~Toodell made a motion to -have a recessed meeting at the earliest possible time and that the members of the council be polled as to the time. Alderman Morris seconded the motion. During discussion, Alderman Shelton stated he would like to see an ad put in the paper, big enough, large enough, soon enough, where people would know about it, would have an opportunity to say something about it. Cost of the ad was mentioned. Time involved to get ad in paper was discussed. The Mayor asked about composing the ad.- Alderman Shelton said this was something that affects the whole city and they need to know about it. The Mayor stated the Utility Committee could come up with a recommenda- tion from that on the ad. ~.~. ~,.d Upon voice vote of the motion to hold recessed meeting, the motion carried, no one voting against the motion. Alderman Ray made a motion to recess until 5:00 p. m. , V~Ted- nesday, Alderman Shelton seconded the motion and upon voice vote, the motion carried, no one voting against the motion and it was RESOLVED, That a recessed meeting of the City Council would be held at 5:00 p. m. , Wednesday, August 10, 1977. Alderman reported to Alderman Ray that the rails would be up the following day on Rich Road and North Avalon over the 10-Mile Bayou Diversion Ditch. Mayor Ferguson appointed Mrs. Barbara Lehr to the Board of Review and upon motion duly made, seconded and unanimously carried, no one voting against the motion, the council confirmed her appointment. There being no further business to come before the council, Alderman Horton made a motion the meeting recess until 5:00 p. m. , Wednesday, August 10, 1977. Upon motion duly seconded and unanimously approved by voice vote, the meeting was recessed at 5:00 p. m. // O Mayor v ' !/ ATTEST: City Clerk ~~ f ~~ ~~ . z*