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September 15, 1977-- ._~ ._ _ ~ ', MINUTES REGjJLAR MEETING WEST NIEMPHIS CITY COUNCIL . SEPTEMBER 15, 1977 L A regular meeting of the West Memphis City Council was held in the Council Chamber at City Hall in West Memphis, Arkansas, on September 15, 1977, at 1:30 P. M. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Charles Hampton Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton Lloyd V`Toodell Don Grimsley being a quorum. Rev. McDonald offered prayer. Mayor Ferguson announced that notice had been given that a hearing would be held at this time for all persons who wished to be heard on the question of whether a petition presented to the City Clerk on September 2, 1977, with reference to a ~rl referendum on Ordinance Number 913 Electrical Rates . The Mayor stated petitions had been presented the City Clerk and asked the City Attorney to read a letter from Mr. Charles DeGraff, City Clerk, regarding the petitions. City Attorney Smith read . the letter from Mr. DeGraff as follows: 3,r~ .~:~.~ C:.I.~IJ. Of VVE~.E ~EI72~2/2L~, C~ff`ce o` E~Ze ~ayoa ~,..... :~ #** 's Y • , •.t,M•• aoyce ~ ~et9uson ~tayot 20g csout~i clQcc~c~in9 - ~cst c.~crri~.~ii.s, ~tl~ansas 72301 ~goi~ 73g-z,z0 September 15, 1977 Mayor JoyceT. Ferguson West Memphis City Council West Memphis, Arkansas 72301 Dear Mayor and City Council: We have had our personnel check the authenticity of the signatures on the referendum petition of Ordinance 913 passed by the City Council on August 4, 1977. Our findings are as follows: Of the total 842 names submitted on the above-mentioned petitions 163 had no voter register card 58 had incorrect addresses 31 had invalid signatures 57 had illegibile signatures 8 people signed twice 317 total invalid signatures Required valid signatures are 836. (15% of 5, 572 votes) There were 525 valid signatures on the petitions, only 62%, approximately, of the 836 required. The affidavits on petitions No. 3, 8, 11, 12 and 16 were un- signed. There were no affidavits on petitions "A" and "B". Valid signatures on petitions "A" and "B" totaled 54. City Attorney Robert Smith concurred with the above. Very truly yours, ,-~ ~.~--r~ ~ `~~ `~ Charles F. DeGraff, City Cl City of West Memphis CFD:MIr o4a fq~.alO~spostwitty F..n,~loyss 3 City Attorney Smith read Ordinance 151_ concerning referendum. The City Attorney stated on the basis of his and the clerk's examination of the petitions he has concurred with the City Clerk's findings. ', Mayor Ferguson asked if there was anyone who wished to ~~ speak for or against election. John Traugh, 913 South Roselawn spoke in favor of a referendum . The Mayor stated that by law petitions must have signatures totalling 15% of the voters in the last election. ~'~ City Attorney Smith stated the petitions should by law contain 15% i of the valid signatures and recommended to the Council not to call a referendum. Alderman Hampton made a motion that since the Council has considered all signatures and upon examination of signatures by the City Attorney and the City Clerk, the referendum be denied. Alderman Horton seconded the motion and upon voice vote, the motion was unanimously carried, all Aldermen voting "Aye" and the petition for referendum was thereby denied. '' ' The City Attorney announced the referendum petitions would ', remain on file in the clerk's office for thirty days if anyone wants ~!, to inspect them. ', '~ Mayor Ferguson stated the airport ordinance has been ~, ~'' ~I taken off the agenda. The City Attorney advised that he and the !, I, Little Rock attorney felt the ordinance should be revised. '~ !, ~ The Mayor stated the necessity of approving or correcting '~, the minutes of August 25, 1977. Alderman Horton made a motion II the minutes be approved. Alderman Grimsley seconded the motion ', and upon voice vote, the minutes of August 25, 197? were unanimously '' approved, all aldermen voting "Aye. ' Alderman %~ampton made a motion to approve the minutes of September 1, 1977. Alderman Jackson seconded the motion and upon voice vote, the minutes of September 1, 1977, were unanimously approved, all Aldermen voting "Aye. " Mayor Ferguson announced the first item of old business to be the second reading of an ordinance to amend ordinance 793 to increase taxicab fare. City Attorney Robert Smith read the ordinance the second time. Alderman Grimsley made a motion to adopt the ordinance on the second reading. Alderman Morris seconded the motion and upon roll call vote, it was unanimously RESOLVED, That the ordinance to amend Ordinance 793 to increase taxicab fare is hereby is adopted on the second reading. (taxicab ord. ) The next item to come before the council was a resolution recommending that the Arkansas State Highway Department remove all obstructions and signs on the right-of-way of Highway 70 in West Memphis. Alderman Grimsley made a motion to adopt the resolution. Alderman Jackson seconded the motion and upon roll call vote, it was unanimously RESOLVED, That the resolution recommending that the AHD remove all obstructions and signs on the right-of-way be and hereby is adopted. The resolution was given number 597 a copy of which follows: (AHD remove signs on B. ) r3 ~ --' X11 ~ ~> ~~LUT I o,~ Igo . ~' ~I 4lNEREAS, the City of West Memphis, Arkansas, wishes tp request the State of Hrkansas to remove all obstructions such as s i yns on the right-of-way of U . S . Highway iVo . 70 ~~~ (roadway Street) in tidest !Memphis, Arkansas, and ldHEREAS, the State of Arkansas has jurisdiction for 1 Saar enforcement on U . S . Highway iJo. 70 (B,roadway Street ) i ~ West hlemphi s , Arkansas , and WHEREAS, it is the desire of the City of best Memphis Airkansas to make U. S. Highway fl0. 70 (Broadway Street) a street wi~ich will add to the beauty of our City, and WHEREAS, it is contemplated that considerable work wlill be done in the future toward the revitalization of Broadway Street by the City of West Memphis, Arkansas, with t''he.cooperation of the Arkansas State Highway Department; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IdEST MEMPHIS, ARKANSAS: ', 1. That the City Council of the City of West Memphis, !, A',rkansas recommends that the Arkansas State Highway Department rl~emove all obstructions and signs on the right-of-way of Hllighway No. 70 (Broadway Street) in West Memphis, Arkansas, _, '' i~,n the hope that the Arkansas Elighway Department will pursue t!he matter di i i gently. PASSED AND APPRJVED thi s ~~ `~ day of - ~ /" ~~~~/~r %,, ~ ~I llll9 7 7 . ~'~ MAYOR A'~TTEST: ~ ~ ~ '' CITY CLERK 3. The Mayor stated the first item of new business was a resolution to adopt the Community Development Citizen Partici- pation Plan. City Attorney Robert Smith read the resolution. Alderman Jackson made a motion to adopt the resolution. Alder- man Hampton seconded the motion and upon roll call vote, it was unanimously (All Aldermen voted "Aye") RESOLVED, That the resolution (Comm. Dev.) adopting the Community Develop- ment Citizen Participation Plan is hereby adopted and made a part of the minutes of the City Council. The Resolution was given number 598 and is as follows FI- 3 O 1~ "" RESOLUTION N . i WHEREAS, The City of West Memphis is undertaking a Community Development Program with federal financial aid available under the provisions of Title I of the Housing and Com- munity Development Act of 1974; and WHEREAS, Active citizen participation and decisions affecting the Community Development Program is recognized as an essential element; and WHEREAS, The city has prepared a plan for the involvement of citizens of the community in the sleection of projects and activities to be included in the Fourth Year Application as well as in any reallocations along Third Year Projects identified as a printed document entitled "Citizen Partici- pation Plan", dated September 15, 197?, a copy of which is attached hereto; and 3 .The Cit Council has reviewed the Plan as identified WHEREAS, y above and determined that it is acceptable for the intended purpose. NOW, BE IT THEREFORE RESOLVED ~Y THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Citizen Participation Plan as identified above be and hereby is approved in all respects; 2. That the City Clerk be and hereby is requestod to file a copy of said Plan with this Resolution in the official journal of actions of the City Council; 3. That the Executive Director of the Community Develop- ment Program be and hereby is authorized to make a public dissemination of the Citizen Participation Plan. 4. That this Resolution shall take effect immediately. PASSED and APPROVED this 19??. ATTEST: /~~ `'' + DAY of ~ ~- ~,'~~ i f~ /~ I,h '_Viay or rY"" City Clerk 3 CITIZEN PARTICIPATION PLAN Amendment No. 2 COMMUNITY DEVELOPMENT PROGRAM West Memphis, Arkansas INTRODUCTION Amendment No. 2 to the Citizen Participation Plan has been prepared to describe the City of West Memphis' method for involving the affected citizens of the community in an active and effective manner in the preparation of plans for various projects and activities to be undertaken through the City's Community Development Program. The City of West Memphis has recognized that citizen participation and advice from the citizens most affected by the projects and activities of the Community Development Program is an essential ingredient in the planning process that precedes effective imple- mentation of meaningful community improvement activities. As in- dicated in the City's Application to the Department of Housing and Urban Development, it selects projects and activities that to the greatest extent feasible are beneficial to low- and moderate-income families in the City and~Twhich aid in the elimina- tion.or prevention of slums and blight. By virtue of its past activity in the Neighborhood Development Program and other city building programs and in light of its current interest regard- ing sound community development, the City of West Memphis has es- tablished a Community Development Program and has received fund- ing for the past three years under the provisions of Title I of the Housing and Community Developmen*: Act of 1974. -1- ~; 3 The essential nature of citizen participation is cemented ~- I'~u h the reco nition that a program, in order to be effective, thrc~ g g must be directly related to the wants and needs of the persons being benefitted by the program - hence the citizen participation element is an important element in the City's overall Community ', Development Program. This Amendment describes the methods in which this component of the Program will continue. As such, it describes the proposed methods of disseminating information re- garding the Community Development Program, the conduct of public headings, the availability of citizen input in the development of the application, and citizen involvement in amendments to the Program that allocate or reallocate funds. Finally, this plan describes the amount of funds anticipated to be available to the City for the Fourth Year together with a time table for hearings, applications, and other components of the Fourth Year Program. ~' A. ' Information ', '~, The Fourth Year of the Community Development Program is an- ~, ~', ticipated to commence on or about April 21, 1978. By virtue ~' of the hold harmless grant provisions of Title I of the '., .w .Housing and Community Development Act of 1974, the City can anticipate receiving from the Department of Housing and Urban Development the amount of $475,000 for projects and activities to be carried out in the Fourth Year. This is ap- proximately two-thirds the amount received in each of the past three years, and is based on the phase down of the "hold-harmless" amount. -2- ..~..~. ..: --~ `! `o- ~.x ..:,,. The City shall undertake a public information program that will not only be informative but also be responsive to the special needs of low- and moderate-income families, ethnic minority groups and other community groups demonstrat- ing an expressed and responsible interest in the program. Information will be provided through a series of public hearings, news articles and releases, radio announcements, and direct correspondence with recognized community groups. The public hearings designed to assist in developing the content of the Fourth Year Program will be announced both in news articles and in the publication in notices in the legal section of the West Memphis Evening Times. Public notices will be published at least 15 days prior to the hearings. Radio announcements will be made. Currently, the first formal public hearing is scheduled for October 12, 1977; the second formal public hearing is scheduled for October 19, 1977; and the final hearing will be November 16, 1977. The October public hearings will be designed. to permit citizens to suggest projects and activities for inclusion in the Fourth Year Program, to comment,~,on the effectiveness of 'the Third Year Program, and to represent their interests in community development. On the basis of the citizen input in the October hearings, the City will prepare a priority of Fourth Year projects and activities, prepare cost estimates, and present these priorities in the third formal public hearing on November 16, 1977. Thereafter, and in response to citizen input, the City Council will be expected to _~_ ,, . ;~ J ~~ .~ 3 ~~ ~Iapprove the Program for the Fourth Year and authorize the Mayor to file the Fourth Year Application with the Department 'of Housing and Urban Development. Periodic news articles and-news releases will be pre- ',pared by the City in order to (1) describe the progress being 'made in the carrying out of Third Year projects and activities, 'and (2) describe the amount of funds available for the Fourth . 'Year as well as the preliminary selection of priorities and a timing of public hearings for citizen participation. Radio announcements will be made in a manner simi].iar to content and 'timing to those releases made through the newspaper. The final component of the information program shall in- volve the City's correspondence with recognized community groups. The direct correspondence will announce to the 'group the amount of money available for the Fourth Year, progress on Third Year activities, the timing of public hearings,-and will be designed to solicit active participa- tion from the organized community group in the development of priorities for projects and activities to be undertaken with the community development block grant. B. ',Public Hearings As described above, three formal public hearings will be ~' held prior to the local approval of the Fourth Year Applica- ', tion. The first two public hearings will be held at an early stage in planning. Currently, they are scheduled for Octo- ber 1977. By conducting these public hearings early in the - 4 - ~ ".~ 3 w .: planning process, the City will have an opportunity to listen to the recommendations and advice of the citizens participating in the hearings who are affected by the content and implementa- tion of community development activities. The third public hearing will be a formal public hearing on the proposed Fourth Year Program and Application. As such, it will be conducted in November 1977; at which time the Fourth Year Program will be available for final inspection. After the third public hearing, the Program and Applica- tion for Fourth Year hold harmless funding will be presented to the City Council for approval and authorization for filing. C.~ Development of Application The preparation of the Fourth Year Application will commence in October 1976 and will be prepared in a manner respectful of the information developed in the public hearings held in October.. The meetings of the City Council that will commence in October and extend through November in which the City Council will discuss Fourth Year priorities will be either regular City Council meetings or announced called meetings. ,In either case these meetings will be public meetings, open to anyone wishing to attend, and announced through newspaper articles and radio spot announcements. Under Arkansas' Freedom of Information Law, closed meetings of the local governing bodies do not exist. All City Council meetings will be open. The Regulations of the Department of Housing and Urban _5_ - ~!! C Ff 3 I~ ertainin to the Community Development Program I~eve lopment p g e that citizens shall be given. an opportunity to ~.ndicat 'n the development of the application. Recognized assist i rou s will be invited to attend the meetings of community g P Council or to meet separately with the Mayor and he City i al CD staff to convey their recommendations and ad- princ p 'ce re arding the content of the Community Development !,v i g am and the implementation of its activities and projects. Progr Ili ' Finall the City CD staff will provide technical as- Y 'sistance to citizen participants in order to assure their effective participation. in the development of the Application. D, ',Amendments and Discretionary Applications '~ IIf the City should amend the Fourth Year Program to add or delete projects and activities it will employ the same citi- 'zen participation process described above with regard to re aration and presentation of the fourth Year Application. P P III dditionall this same process will be utilized in the prepara- ~A Y !~tion of an applications for discretionary funds. It is cur- Y '',rently anticipated that the City wild apply for certain dis- ~cretionary funds during the next year. In anticipation of this, the currently scheduled public hearings will serve the purpose of discussing potential projects and activities for inclusion in such a discretionary application. Based on the timing schedule for said applications and the specific cri- ~' teria for funding, the City may deem it essential to conduct one or more additional hearings at a later date to finalize the content of a discretionary application. -~- E. Disposition of Plan This Citizen Participation Plan is being distributed to the newspaper and radio for their use in describing the planning citizen participation process. A copy of this Plan is being forwarded to various civic clubs and public interest groups throughout the City. Finally, a copy of this Citizen Participation Plan is being forwarded to the Little Rock Area Office of the Department of Housing and Urban Development for information and retention. -7- ,,.,.~. The Mayor stated the next item of business was a resolution approving and providing for the execution of an . amendment to the annual contributions contract for Section 8 ', Housing Program. City Attorney Smith read the resolution. Alderman Jackson made a motion to adopt the resolution. Alder- man Grim sley seconded the motion and upon roll call vote, it was unanimously RESOLVED, That a resolution is hereby adopted approving and providing for the execution of an amendment to the annual contributions contract for Section 8 Housing Program. (Comm. Dev. ) All aldermen voted ''Aye". The resolution was given number 599. ~_ -, SOLUTION N0. _~~ ~ ~~ RE APPROVING AND PROVIDING FOR THE EXECUTION OF AN AMENDMENT TO THE ANNUAL CONTRIBUTIONS CGNTR.ACT FOR • SECTION 8 HOUSING PROGRAM WHEREAS, under Section 8 of the Housing Act of 1937, as amended, the United States of America (herein called the Government) has entered into an Annual Contributions Contract with City of ', West Memphis, Arkansas, under which the Government has agreed to make certain payments for the benefit of low-income families; .~ and W~iEREAS, it is now found necessary to amend said "Annual Contributions Contract" and due consideration has been given by both parties ~' hereto. I,IOW, BE IT THEREFORE RESOLVED BY THE CITY OF WEST MEMPHIS AS FOLLOWS: 1. The Part 1 Amendment to Annual Contributions Contract No. FW-7166E2 is hereby approved and accepted both in farm and '' substance. 2. The Mayor of the City of West Memphis is hereby authorized and directed to execute Part 1 couterparts of said Amendment on behalf of the City of West Memphis and the City Clerk is hereby authorized and directed to impress and attest the official seal of the .City of West Memphis on each such counterpart and to forward all such couterparts to the Government, together with such other documents relative to the approval and execution thereof as may be required by the Government. 3. The Executive Director of the Community Development Program still retains the authority to file requests, together with necessary supporting documents, with the Government, from time to time, requesting payment to be made and to do and perform all other things and acts required to be done or performed in order to obtain such payments. 4. The City of West Memphis reaffirms its commitment to abide by all the provisions, terms and conditions of said ACC, as amended. 5. This Resolution shall take effect on this day PASSED and APPROVED this ~~ DAY of ~ ..~,_,,,~ .~;,i ~C~':~ . 1977. "/ i Mayor ATTEST: !_~ - _~ ~~-.~.--,~j ==~ , City Clerk .? _~_ Mayor Ferguson stated it was necessary to waive the '~ i ~~ rules to put on the agenda an ordinance to restrict truck traffic along Broadway Street, West Memphis, Arkansas; and, the re- ~' routing of trucks by the Arkansas State Highway Department and for other purposes. Alderman Grimsley made a motion to waive ~~ ~', the rules to allow the ordinance to come before the council. otion. U on voice vote, all Alderman Morris seconded them p Aldermen voted "Aye" and the ordinance was put before the council on the first reading . City Attorney Smith read the ordinance the first time. Alderman Horton made a motion to adopt the ordinance on the first reading. Alderman Morris seconded the motion. During .dis- cussion, Mayor Ferguson stated she had received a petition from the City Beautiful Commission for the council to pass this ordinance. The petition is filed in the City Clerk's office. Upon roll call vote, all Aldermen voted "Aye" and the ordinance was unanimously passed on the first reading. The Mayor stated the next item to discuss was the building code ordinance. The Mayor asked for a roll call vote to suspend ~I, the rules to put the ordinance on the agenda. Upon roll call vote, I', voting was as follows: Alderman Hampton -Aye; Alderman I~ _ Horton -Aye, Alderman Jackson Aye, Alderman Morris Aye, Alderman Ray -Aye; Alderman Shelton - No. With Alderman '! Shelton casting the first "No" vote, the matter was not allowed ~~!~ to come before the council. Alderman Shelton stated his reason ~I for the vote of ''No" was because the ordinance had not come be- the Ordinance Committee. fore The Mayor announced the next item of business was to suspend the rules to allow a resolution concerning the CETA grant to come before the council. Upon motion duly made, seconded .~~ ~ and unanimously approved by voice vote, the resolution was put before the council. City Attorney Smith read the resolution. Alderman Hampton made a motion to adopt the resolution. Alderman Horton seconded the motion and upon voice vote, all Aldermen voted "Aye". The resolution was unanimously adopted and liven number 6 00. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMP~IIS , ARKANSAS TO DESIGNATE CER.TAI~I PEOPLE TO SIGN C-~ECi~S AND EXECUTE DOCUMENTS PERTAINING TO CETA TITLE SI~~ (6) SPECIAL PROJECT GRANT WHEREAS, the City of West Memphis, Arkansas, has entered an application with the State Manpower Council for a CETA TITLE SIX (6) SPECIAL PROJECT GRANT; and, under the terms of the application certain individuals must be designated to ~~ign checks and to execute other documents pertaining thereto; NOTrT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST P~rTPHI S , AR~~ANSAS 1. That the following persons are hereby authorized to sign checks pertaining to CETA TITLE SIX (6) SPECIAL PP.OJECT GRANT: Jovice T. Ferguson. Mavor A. 0. Holt. City Treasurer Z . A specimen signature of ,~,. U, bolt, '1'reaSUrc. is as follows: v - - . .. ~,.' t 3. A specimen signature of Joyce T. Fero son, MaS•or is as follows: a, 4. Thy Mayor Joyce T. Ferguson is hereby authorized to execute all documents pertaining to the CETA TITLE SIX (6) SPECIAL PROJECT GR,A?~T . / ~,/j~~/r f'~ PASSED AND APPROVED this / ..- day o~ ~" G" 1977. ~~ MAYOR ATTEST: ,,_,~--_•-~.. ~ n ~~ ~,~Il i~ l~ ~r".+nTt 3z 9 The Mayor announced the next item of business was the EDA Grant. City Attorney Smith read the resolution. Alderman Morris made a motion to adopt the resolution. Alderman Grimsley seconded the motion and upon voice vote it was unanimously carried and given number 601. All Alderman voted "Aye. " w RESOLUTION NO . ~ ; WHEP,EAS, the City of West Memphis, Arkansas, has been ranted the sum of Three hundred and Eighty-Seven Thousand Dollars, 387,000.00) by the Economic Development Administration to build ~$ ~n industrial access arterial road on South Seventh Street, Jest Memphis, Arkansas, AND j~~EREAS, it has been determined that the City of West Memphis, Arkansas, dust absorb any additional expense or overrun on this fro j ect , AT~dD WHEREAS, it has been determined there will be some. overrun expense; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T1IE CITY tJF WEST r~~~B.'HIS , AP.I`A:VSAS ; 1. That the City Council hereby designates the Utility '!, Depreciation Funds to build additional water lines and pay expenses occurred in building the South Seventh Street Project. 1977. ~ S ~ ~ ~ -~ Passed and. approved this ,~ - day of ~ ~- t~ ..~ 1 ~ ~ j r~,YOx ATTEST: i t r ~/ •"~ CITY CL~.1'`K '. 7 330 Alderman Hampton, Chairman of the Shop Committee, made a motion that the bids be rejected on the new shop and the bids be let over. Alderman Grirnsley seconded the motion and upon voice vote, the Aldermen all voted "Aye. " and it was unanimously therefore RESOLVED, That the bids received (Shop) on the shop are hereby rejected and will be relet. Alderman Hampton, Chairman of the Street Committee, made a motion that the low bid of Markwood Construction Company be accepted for phase one of the South Seventh Street project for approximately 2600 feet south from Broadway to Jackson Avenue in the amount of $375, 551. 92. Alderman Horton seconded the motion and upon voice vote, it was unanimously RESOLVED, That the low bid of $375, 551.92 (St. Dept. is hereby accepted from Markwood Construe- 7th St. ) tion Company for the South Seventh Street Project, with the stipulation that the Utility Department will pay the difference of $6, 351. 92 All aldermen present voted ''Aye'`. Alderman Morris gave a report from the Fire Commission but requested no council action. Alderman Ray, Chairman of the Police Department, w reported that he had a letter from Chief Keen stating he was eight or nine policemen short and recommended that the Police Depart- ment be allowed to hire the necessary 8 or 9 men on a temporary basis until Civil Service can test for them. Alderman Grimsley made a motion to allow Chief Keen to hire the men on a temporary {~ basis. Alderman Jackson seconded the motion and after discussion and upon voice vote, all Alderrr~en voting "Aye", it was unanimously RESOLVED, That Chief Keen (Police Dept. is hereby authorized to hire 8 or 9 temp. hire) men on a temporary basis until Civil Service can test for them. Alderman Grimsley , Chairman of the Utility Committee, recommended the automatic radio repeater be put on a tower on V~Torthington Park top of the water tower on CBartor~ and requested permission from '' I the council to have this done after a meeting with the City Attorney to discuss liability and lease agreement. Alderman Morris made a motion to grant permission subject to the City Attorney's approval. Alderman Grimsley seconded the motion. During discussion, Alderman Grimsley withdrew the second to the ', motion; Alderman Morris withdrew the motion. Alderman Grimsley stated there would be a Utility Committee meeting at 4:00 p. m., the following Tuesday. The new Commission is invited. Alderman Grimsley stated that the Utility Committee wants to recommend that on the $?91, 000, the Utility go ahead with the million gallon above-ground storage tank and the electric sub-station previously discussed Alderman Grimsley made a motion that the $791, 000 return from AP&L plus the interest be put in the million gallon storage tank because of need for water storage tank and electric sub-station. Alderman '~ Morris seconded the motion. !, Alderman Shelton asked City Attorney Smith if he had '' written to the Attorney General to determine who this money T '' belonged to, to the citizens, or the Utility Department or the City. Mr. Smith stated "No, that he had no request to write '~ the Attorney General on this. " Alderman Shelton made a motion to amend the motion on the floor that the issue be put on a referendum and let the people decide how money is to be spent. Alderman Jackson seconded the motion. The Mayor and the Cicy Attorney ruled the motion out of order to amend the motion. Alderman Ray made a motion to let the matter remain as it is and let a new Utility Commission make the decision on the 3 money. The Mayor ruled the motion out of order. ~~` i After further discussion, Alderman Jackson asked City Attorney Smith if we should get a ruling from the Attorney General's office. City Attorney Smith replied he did not object to a ruling from the Attorney General's office but it required some time to get a ruling from his office. Mr. Smith said in his opinion the council has legislative discretion to do what they want to do and that he concurred with Alderman Morris that it is the responsi- bility of the council to determine what should be done with the money. After further discussion, Alderman Shelton asked Mr. Smith how he would rule who the money belongs to. Mr. Smith explained this is a legislative act, .the council is a legislative body and is responsible and he can't make decision. Mr. Smith said the council could do it either way. Alderman Grimsley called for the question. The Mayor City Finance Director. Alderman Grimsley reminded council of Utility meeting ruled since there was no second further discussion was in order. After further discussion by Aldermen, the roll was called. Voting was as follows: Alderman Hampton -Aye; Alderman Horton -Aye; Alderman Jackson - No; Alderman Morris -Aye; Alderman Ray -Aye; Alderman Shelton - No; Alderman Woodell -Aye; Alderman Grimsley -Aye. The vote was six (6) to two (2} in favor of the motion and the Mayor declared the motion passed and the w information ~~rould be turned over to the Utility Committee and the at 4:00 p, m., next Tuesday. The Mayor stated the special committee on the merging of the Boy's Clubs had requested an additional ten days for work on the merger. Alderman Hampton made a motion to grant the ten day extension. Alderman Grimsley seconded the motion and upon voice vote, the motion unanimassly carried and the ten day extension was granted. '~ The Mayor made the following appointments: ~', Utility Commission: Milton Beck, 609 Barton, Hui,' Chalmers, Sr. , 218 West Cooper; Stanley Card, 708 Dover '~ Road; Sam T. Smith, 409 Auburn; James Bledsoe, 312 Roosevelt with Don Grimsley as liaison. During discussion Alderman Jackson stated she felt this II is a violation of citizen participation by minorities and stated she would like to nominate Willie Higgins to serve on that commission. ', The Mayor stated that according to the ordinance this was a Mayor's ', appointment confirmed by two-thirds of the council. Alderman Shelton made a motion for afive-minute recess. Alderman Horton seconded the motion and upon voice vote, the re were no Aldermen voting no and the Mayor declared afive-minute recess. After afive-minute recess, the Mayor called the meeting back to order and stated the item of business was to confirm the Utility Commission members the Mayor appointed and two-thirds confirmation was necessary. Alderman Grimsley made a motion the appointed commission be confirmed. Alderman Horton seconded the motion and upon roll call vote, voting was as follows: Alderman Hampton -Aye; Alderman Horton -Aye; Alderman Jackson - No; Alderman Morris -Aye; Alderman T Ray -Aye; Alderman Shelton - No; Alderman Woodell - Aye; Alderman Grimsley -Aye; The Vote was six (6) to two (2). The Mayor asked the City Attorney for a ruling on the number of votes to confirm the appointments. City Attorney Smith ruled confirma- tion required only a majority vote and six votes is a majority. The Mayor stated the appointments were confirmed by the council. Mayor Ferguson appointed John Stickman to replace Vernon Turk on the Auditorium Commission and reappointed Jesse Cooper to the Auditorium Commission. Alderman Grimsley made a motion to confirm these appointments. Alderman Ray seconded the motion and upon voice vote, the appointments were unanimously confirmed, all Aldermen voting "Aye. " Alderman ~J~oodell recommended the ordinance on the Utility Commission be amended to include two additional members at some future date; that the ordinance committee consider this as soon as possible. The Mayor advised Alderman Woodell he could talk to the City Attorney and to put the amendment on the agenda for a future council meeting . The Mayor announced she had proclaimed the week of September 17 through the 23rd as Constitution .Week. The Mayor announced a certificate of appreciation had been received from the Sheltered Workshop for participation in the Sheltered Workshop program. The Mayor announced the audit had been received from the state auditors. Senator Ingram was at the Joint Legislative Com- mittee meeting and had called to congratulate the City for having its audit passed. Senator. Ingram made a motion to get the audit for next year and the Committee had agreed to do the audit next year. The Mayor announced the Municipal League meeting November 9 through 11. The Mayor announced budget meetings will start next week. Reminded council of calendar in packet. Mayor Ferguson announced shy would be going to Little Rock with the Public Works Director, Mrs. Wheeler, to discuss Mound City Road and will give report later. Alderman Woodell announced non-credit courses will begin a week from Monday. Registration will be at 6:00 p. m. , September 26. Alderman Shelton reported he had received a letter from the Tennessee, Arkansas Girl Scout Council asking for a proportionate share of money from the race track. Alderman Shelton asked the Mayor to take the letter and give to the appropriate person. City Attorney, Robert Smith, reported that he had received 3 a reply from the Attorney General concerning his inquiry about Civil Service. The Attorney General said the City Attorney Could not be attorney for the city and for Civil Service. Mr. Smith advised the council they would have to provide funds for counsel for the Civil Service Commission. After comments from Aldermen, Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously carried, and there being no other business to come before the council, the meeting adjourned at 4:00 P. M. ~- Mayor ATTEST: ,~ ,, .~ T. _ may!`" r`'~ City Clerk ,.--, ~~ ~~~ ,J ./ ,~ `'