Loading...
October 16, 1975141 MINUTES OF A REGULAR MELTING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON OCTOBER 16, 1975• The City Council of the City of West Memphis, Arkansas met 3.ri regular session at the Council Chamber, City Hall in Weat Memphis, Arkansas, at 1:30 o~clock p.m. on the 16th day of October, 1975. The following were present: Mayor Joyce Ferguson; and Aldermen:_ A. 0. Holt, Pritchard Horton, J. C. King, Tilden Rodgers, R. T. Bentley, R. 3. Cosgrove, Thomas Dickerson, D. M. Grimsley, and J. E. Hig~~oxer; and Deputy City Attorney Montgomery. Absent: Alderman W. L. Harris and City Attorney R. L. Smith. Alderman Holt offered prayer. It being determined a quorum was present, the following proceedings were had to-wit: Alderman Holt, seconded by Alderman King, moved that Minutes of October 2, 1975, included in the packet be approved. Upon vote, the voting was as follows: ~Y'e: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay: None. Jay Woods, Director of Community Development, distributed copies of the first public hearing on the Block Grant Program, and announced hearings will be held on October 22, 1975 at 7 p.m. at the L. R. Jackson Civic Center and on October 29, 1975 at ? p.m. at the Maddox School. Alderman Bentley, Chairman of the Budget Committee, presented recommendation that bids be waived for janitorial services at the City Hall and a contract entered into with Charles Gladney, a city employee, for the remainder of the year in the amount of $1,20.00 in order that the Committee might study and evaluate janitor services for the City Hall and Auditorium. Thereupon, Alderman Holt, seconded by Alderman Horton moved that the Budget Committee report be accepted. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. - Nay: None . The Budget Committee requested clarification of the proposed expenditures of the Auditorium Commission for the remainder of the year by October 22, 1975• Mayor Ferguson announced bids for fence for D. 0. Whittaker ~'.~.eld on S. 25th Street would be received as per Notice of Bids published in the Evening Times on The following bids xere received: Marion Fence Co. $2l~68.00 Sears, Roebuck and Co. 2262.80 Security, Inc. 1675.37 West Memphis Fence & Construction Co. 1952.75 Bids were referred to the Park Commission, and the successful bidder to be notified in writing. Attorney Jake Brick, representing Geriatrics, Inc., presented plats of the property and information on request for rezoning in order to construct an addition to the present nursing home. The Planning Commission on September 29th recommended the rezoning. After consideration, Alderman Cosgrove, seconded by Alderman Grimsley, moved that the proposed ordinance be considered with an emergency clause. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Highbwer. Nay: None. 142 Alderman Bentley introduced an ordinance enti~.ed n Ordinance To ReZOne Certain Property In The City Of West Memphis, Declaring An Emergency, And For Other Purposes" and the Deputy City Attorney read the ordinance in full. Alderman Cosgrove, seconded by Alderman Dickerson, moved that the rule requiring the reading of asl ordinance in fl~17 on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the,following voted Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, -and Hightower. Nay : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in. favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the Deputy City Attorney. Alderman King, seconded by Alderman Hightower then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay: None . The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the t~nird time by the Deputy City Attorney. Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted. The question was pint by the Mayor on-the adoption of the motion and the roll being called, the following voted Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay : None . Alderman Grimsley, seconded by Alderman Hightower, moved that Section !~, the emergency clause, be adopted, and on roll call. the following voted: Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, ~.ckerson, Grimsley, and Hightower. Nay : None . The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the Cityy The ordinance was given No. 819, and read as follows: 143... _ .__. oRDINr~~vcE No, ~~~~ AN ORDINANCE TO REZONE CEF~TAIN PROPERTY IN THE CITY OF WEST MEr~PHIS: DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES, WHEREAS, an application was made to the Planning Cotrunission of the City of West Memphis as provided by ordinance No, 715 of the City of West Memphis, for rezoning certain property within the City, and; WHEREAS, notice was duly published on September 8, 1975, that a hearing would be held by the Planning Commission at 3:30 o'clock P,M, on the 24th day of September, 1975, and at said meeting ar~d by the application previously submitted, it was requested that that portion of the property hereinbelow described which was not presently zoned RM 1,5 be rezoned to that of RM 1,5, Multiple-Family Residence District, Said property being described as follows; All of Lots 85 , 86, 87, 88, 89, 98, 99 , 100 , 101, t:he North 50 feet of Lot 82, the West 65 feet of the North 50 Feet of Lot 81, the West 65 feet of Lot 90 and, the West 65-Feet of Lot 97; also that portion of vacated 8th Street lying North and adjacent thereto of Lot 88, 89 and the West 65 Feet of Lot 90, and lying South and adj acer7t thereto of Lots 99 , 98 and the Wes t 65 feet of Lot 9 7 , al l in Hulbert Heights Subdivision, Said premises being known as 610 South Avalon, West Memphis, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested; and, WHEREAS, the Planning Commission of the City of. West Memphis recommended that said rezoning Petition be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUI~?GIL OF THE CITY OF WEST MEMPHIS: Section 1, That so much of the following property now zoned as RS-6, Single Family Residence District, be and the same hereby is rezoned as Rr1-1.5, Multiple Family Residence District; A11 of .Lots 85, 86, 87, 88 ,89, 98, 99, 100, 101, the North 50 feet~of Lot 82, the West 65 feet of the North: 50 feet of Lot 81, the West 65 feet of Lot 90 and the West 65 feet of Lot 97r also that portion of vacated 8th Street lying North and adjacent thereto of Lot 88, 89 and the West 65 Feet of Lot 90, and lying South and adjacent thereto of Lots 99, 98 and the West 65 feet of Lot 9~, all in Hulbert Heights Sub div.i s ion , Said premises being known as 610 South Avalon, West Memphis, j Arkansas. ;~„ .. _ _ _ _ ,~. . ,...., ._ 1 _.,,r, . _.. _u ., .. ~. _. _ ~_ ~ =_; _. ..:.r+.! Section 2 , All Ordinances or parts of Ordinances in conf li ct herewith are hereby repealed, Section 3. A copy of this Ordinances when duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder ~:ithin and for Crittenden Counnty, Arkansas . Section 4. EA~ERGENCY CLAUSE : It is found and declar. ed by the City Council of the City of Nest Memphis , that t31i s Ordinance is necessary far the orderly growth and expansion of tl~e City of t~7est ~ie~phis; therefore, an emergency is hereby declared to exist, and, this Ordi-Hance shall be in full farce and effE~rt from and. after its passage and approval. ~~~ City Engineer Brawley inquired as to procedure for sending information to the Council on zoning or rezoning applications, and was directed to have plats of the area.~sent with other information in the Council's packet also to advise an applicant, whose application has been recommended for approval, to have a representative present if submits an ordinance with an emergency clause. A Resolution To Repeal Resolution No. 513 was presented for consideration. Alderman Holt, seconded by Alderman Cosgrove moved that repeal Resolution No. 5~3• Daring discussion the following letter was read by Deputy City Attorney Montgomery: STATE OF ARKANSAS " Public Safety Program 116 National Old Line Building Little Rock 72201 501 371-1101 David Pr~'or Governor October 1, 1975 • Mrs. Joyce Ferguson. Mayor -City of West Memphis . City Hall West Memphis, Arkansas ,72301 Dear Mayor-Ferguson: A. Brooks Griffith Coordinator In response to City Engineer Eddie~Brawley's letter of 9/2!x/75, and a telephone conversation ~i.~h him this date, I -understand there is some misunderstanding as to• what authority the City of West Memphis will have in relation to the deletion and/or retention of Step and Yield signs through the Upgrading Program admixlistered by this office'. I would like to take this opportunity to clear this problem up by explaining some of the. background of the ~ program itself . ,. First of all, let me sad that one of the more recent Arkansas State Statutes proclaims that all new installations of traffic control devices on the state, city or county level shall conform to guide lines as set forth 3.n the Manual on IIniform Traffic Control Devices. And I an sure you realize that state statutes take presidence over any conflicting city ordinances. Although the funding for this program is supplied by federal agencies, the fact that our office is a state agency dictates that we observe all state statutes including the. once mentioned above. - . 145 In light of the above and the fact that this office is responsible for approval of the final oversell signing plan, I want to make every effort to avoid arty misunderstanding which might arise now or at ate future time due to an additional section (Section !~) added by your city council fo the blank resolution which we provided. At the same time, I would like to assure you that this office will make every effort to work toward a final signing plan which will be acceptable to both your city council and the Office of the Coordinator of Public Safety. Therefore, if your city wishes to participate in the Stop and Yield Signing Program, it will be necessary that your city council pass the standard resolution, a copy of which you will find enclosed. If I may further explain any of the details of this program to you or perhaps to your city council through one of their meetings, please do not hesitate to contact me at my office . Sincerely, /S/ Timothy J. Marvin For/A. Brooks Griffith Coordinator of Public Safety TJM:bs cc - Mr. Eddie ~. Brawley City Engineer City of West Memphis The Mayor put the question on the adoption of the motion and the roll being called, the following voted dye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay: None. The resolution read as follows: RESOLUTION N0. 5l~8 RESOLUTION TO REPEAL RESOLUTION N0. 5~3 WHEREAS, the City of West Memphis has desired to enter into a program for upgrading its "Stop~~ and "Yieldp signs, according to rules and regulations as prescribed by the State of Arkansas, and WHEREAS, after due consideration the State of Arkansas has found that Resolution No. 5t~3 cannot be accepted in its present form; NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: Resolution No. 5~3, passed and approved on the 18th day of September, 1975 is hereby repealed. ~f Deputy City Attorney Montgomery read a resolution entitled "A Resolution Expressing The Willingness. Of .The City Of West Memphis, Arkansas To Cooperate With-The Office Of The Coordinator Of Pudic Safety And Other Agencies In The Preparation Of A Signing Study Axed Program For The City Of West Memphis, Arkansas~~. A~.derman Cosgrove, seconded by Alderman Holt, moved that adopt the resolution. After consideration of the Manual, S3catF. Statutes, City Enginner~s capability, sending copy of suggestions for changes in Ward !~ to Aldermen Horton and Dickerson before arty action taken, and sending copy of any study made to the Council the roll call vote on the adoption of the motion was as follows: Aye: A~.dermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightow®r. Nay: None . The resolution read as follows: . ,~ RES OLri,~ i T ~i~V ]11 0 . ~~.~.J',._.L-_ 146 :~. 1 j SOI,UTI01~ E~~'P,I;SSII~G T"rIE WILLINGI`TESS OF THE CITY OF ~r~~ST ~'~A~ rHIS , A~KAI~ SAS TO COOrERATE ~~~Ti'~.~,I-i Ti~E OF FTC: CAF THE COC~RLT?~ATOR OF PLBLIC SAFETzT A~TD OTr`~~.Fi AG H ~~CILS ZT3 TriE PREPARATIOTI OF A SIGT~r IT'S G STUDY AND PROGRAI.2 FOE Tr~E CITE' OF WEST I~iEI~'HiS, ARI:~AT~SAS WHEREAS, the City of West T~lemphis, Arkansas desires to enter into a program for upgrading its "Stop" and "Yield" signs; ar.d WHEREAS, the program will correct signing deficienc~.es along, city streets not on any Federal-aid System; and WHEREAS, the installation of these signs are financed on ninety percent {90 a) Federal and ten percent (l0;') Local Funding, and ~~REAS, this program will provide a safer and snlootl~er traffic f1o~,r; T~~O~~', THEREFORE, BE IT RESOLVED BY THE CITY COUI~~CIL CAF THE CITE' flF `I~~EST 1~~~I~1.FN IS , .ARKANSAS , THAT SECTION 1, The Mayor is hereby authorized to ente~r~ into an agreement ~rri th the Office of the Coordinator of Public ~~~:~f.`ety pertaining to the conduct of a signing study for the C:i1~,y oi' West ~'~emphis, Arl:Lansas o . SECTION 2. The City of West Memphis, Arkansas ~>ledges its full support and .cooperation to the Office of the Coordinatc~~:~ of Public Safety and to all other agencies involved in the proj ec~t, o SECTION 3. The City of West IVemphis, Arkansas will participate, in accordance with its designated responsibility, in t}-1e ~.m~~.~lementation of the recommendations provided in the approved study. aH-~ Mayor Ferguson advised Mrs. Lindsey J. Fairley had been .nominated to fill the vacancy on the Auditorium Commission due to .the resignation of Mrs. R. E. Wallin. Alderman Bentley, seconded by Alderman King moved that Mrs. Lindsey J. Fairley be appointed to the ]I~~it~:~it~m Commission. tT~aon vote, the voting waa as .follows Aye: Aldermeni~ Holt, Horton, King, Rodgers, Bentley, Cosgrove, DicIa~rson, Grimsley, and Hightower. Nay: None . Mayor Ferguson presented recommendations of soave of the Aldermen and the. Mayor for appointments to the Board of Review as follows: Mrs.~Jack (Marilyn) Bennett, Mrs. Charlotte Gray, Gene Rodery, Lloyd Britt,. ~~rro~~~ Mrs. Martha Thurman., Mrs. Martha, Robins, R. G. Friday, . Mrs. Janet McElroy, Mrs. Donald Hall, Richard Banks, and Will Banks Vote in favor of the Board of Review appointments was as follows: i Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay : None . ~ + #Amended November 6, 1975 -Will. Bass 14'7 Nominations of the City Beautiftiil Commission for members to fill vacancies due to resignations were presented as follows; Mrs. Mildred Earney Ward 1 Mr3. Effie Mae Jones Ward 5 Mrs. Alberta Jackson Ward 5 Alderman Rodgers, seconded by Alderman King, moved that the nomin~,tions be approved. Upon vote, the voting was as follows: Aye: Aldermen:Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Hightower. Nay: None. invitations to the Crittenden County Sesquicentennial Celebration, and a coffee for elected officials to meet with Gov. Pryor on October 22nd were announced. The Mayor announced Monday, October 27th Veterans Day will be a City Holiday. Mayor Ferguson inforaled the Council a certificate of appreciation and a small check had been presented to Earl Gladney, a city sanitation worker, for his con- soeafiuus interest in city property saving approximately $2,lt00.00 repaa.x to the big container truck. Alderman Bentley announced a Utility Comzaittee meeting after the Council meeting. The Mayor brought to the Council's attention the following letter included in the Council's packet: October 7, 1975 Mayor Joyce Ferguson City Hall West Memphis, Arkansas 72301 Dear Mayor Ferguson: In planning for our development and evaluating the amount of cost for the development of extensive parking back of the hospital, we are faced with a substantial outlay for this one item. In the proposed development of Phase II we will necessarily eliminate a substantial amount of employee parking presently available back of the hospital. In making our application to the State Health Department for approval of the expansion of these facilities we must show additional parking or the availability of parking to accommodate our needs. Zn as much as one portion of our development phase is reflecting approximately $29]x, 000.00 for parking and drives for Phase II, I feel that consideration will be given to us if we can provide evidence that parking is available to employees and visitors to the hospital on adjacent areas. The purpose of this letter is to seek the approval for employees and general public visiting patients to utilize some of the parking area that will be available directly across the street. Most of our parking needs would occur during the day, and should in no way impinge upon the needs of the .civic center or auditorium, which will probably have greater demands in the evening than during the day. If this assistance can be rendered to us it will substantially assist us in our development. I think this request would also be considered very much in order as we try to avoid duplicating facilities when better utilization can be made of facilities in the existing area. If this will meet with your approval, I am sure that it will help us substantially when our plans are ultimately submitted to Little Rock and Dallas ,for clearance and approval. Our Professional Building will provide for adequs~e parking to meet the needs of that operation and should not impinge upon the auditorium parking area. Thanking you for your consideration and assistance in this matter, I am Sincerely yours, CRITTENDEN MEMORIAL HOSPITAL /S/ RICHARD F. SCRUGGS President & Chief Executive Officer 148 After discussion of parking available, the hospital building program, completion of the City~s parking lot, and parking fees Alderman Rodgers, seconded by Alderman King moved that grant the Crittenden Memorial Hospital permission for the hospital to use the parking lot. Upon roll call vote, the voting was as follows: Aye: Aldermens Holt, Horton, King, Rodgers, Cosgrove, Dickerson, Grimsley, and Hightower. Nay: None. Alderman Bentley abstained. Mayor Ferguson advised the hospital will be notified when can start using the parking area . Alderman Horton inquired as to action to be taken on a portable building concern located at corner of Stuart and the Service Road as has no restroom facilities. Building Inspector Avery stated the company is in violation of the code, and numerous contacts had been made. Eoncensus was the Building Inspector give notice by registered letter and the code be enforced. Alderman Hightower reported complaints from the school crossing guards for long coats. Alderman Bentley stated a letter should be directed to the Police Commission. Alderman Cosgrove elaborated on an editorial in the Bening Times pertaining to the follow-up action on good ideas considered at Council meetings. Mayor Ferguson advised her office also checks on the matters. Items discussed ~rere Bill Heckinger~s car problem, wooc~yard controls, junk yard at corner of Thompson and 1.l~th Street, and ordinance being prepared by the City Attorney. Alderman Bentley inquired as to the utility special audit, and was informed by the Mayor of contacts made and plans for future internal controls. Alderman King requested report on employment of a personnel director. Administrative Assistant Gallagher commented on applications, qualifications for a personnel director, purchasing agent, and a clerk to work with the Civil Service Commission. Job descriptions, criteria, and salaries were discussed. List of Ceta Program employees, salary, and job descriptions was requested by Alderman King. Alderman Holt requested explanation as to remarks made by Alderman King previously as to the City loosing $30,000.00 to $50,000.00 in metering at the Utility Department. Alderman King elabo~ed on reports for investigations made to the Police Department, meters corrected, changing of old type meters, maintenance costs in comparison to Jonesboro, and proposed audit. There being no further business, the meeting was adjourned. A ~" CITY C' ~~ MAYOR APPROVED: AS AMENDED-NOVEMBER 6, 1975