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.
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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