November 6, 1975149
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON NOVEMBER 6, 1975•
The City Council of the City of West Memphis, Arl~arlsas met in regular session
at the Council Chamber, City Hall in West Memphis, ,Axkansas, at 1:30 o'clock p.m.
on the 6th day of November, 1975. The following were present:
Mayor Joyce Ferguson; and Aldermen: Pritchard Horton, J. C. King, Tilden Rodgers,
R. T. Bentley, R. S. Cosgrove, Thomas Dickerson,. D. M. Grimsley, W. L. Harris,
J. ~. Hightower, and A. 0. Holt; and City Attorney Smith.
Absent: None.
Alderman Holt offered prayer.
The follo~ring proceedings were had to-wit; _
Mayor Ferguson advised an appointee to the Board of Review had been presented as
Will Banks, .however, the correct name of the person is Will Bass. Alderman King,
seconded by A,l.derman Grimsley, moved that Minutes of ~etober 16, 1975, included
in the packet be approved as corrected. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay : None .
P. G. Para of the Utility Department reported a communication had been received
the Federal Power Commission had accepted the amended rate increase of Arkansas
Power & Light Company as of October 1, 1975, suspended until December 1, 19?5•
The increase can be expected on the January bill and for reference is known as
the 30~ increase.
Mr. Para bron.ght to the Council's attention prior authorization for bids for a
water treatment plant costing approximately $1,200,000.00, and that funds are
available from a bond issue; however, the State Health Department notified
filters will have to be on the system and the type required cost $900,000.00 to
a $1,000,000.00. After conferring with the Mayor and financial adviser and due
to the bond market, permission had been granted from the State Health Department
to construct the pumping portion of the project provided the Council give
assurance to the Health Department the City will start on the filters within a
year from now. Estimate of costs for the pumping portion would be $650,000.40 to
$6?5,000.00. After discussion of the present and future pumping capacity, iron
content, approval of plans by the State Health Department, furnishing water outside
the city limits, an agreement with Oklahoau:a-Mississippi River Products, a previous
administration obligating the present administration and research of the question
by the City Attorney, and the new plant aerators and baffles; Alderman Bentley,
seconded by Alderman Cosgrove moved that send letter of agreement.to the State
j Health Department will start to initiate engineering proceedings to remove the
iron by November, 1976. Upon vote, the voting was as follows:
.Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None .
City Attorney Bzn3.th was requested to write the letter.
,.Permission was requested by Mr. Para to start advertising for bids on November 20th
for bids to be received on December 18th. Alderman Holt, seconded by Alderman Horton,
moved that-give permission to advertise for bids for December 18, 19?5. During
consideration of the motion, the Council was informed Albert Switzer & Associates, Inc.
gti~isulting Engineers, will prepare specifications. Upon vote, the voting was as
follows:
Aye: Aldermen; Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None.
Alderman Bentley requested the information on specifications be presented to the
Utility Commission on November 20, 1975•
150
City Attorney Smith, Chairman of the Auditorium Building Committee, reported the
Committee, members of the Auditorum Commission, Mayor Ferguson, Administrative Aide
Gallagher, and Auditorium Manager Christian had met with Architect Don Froning
and inspected the Auditorium. Also, the Committee recommends the Auditorium be
accepted from the Architect in the present stage with a few minor alterations.
After consideration, motion was made by Alderman Grimsley, seconded by Alderman Cosgrove
that accept the Auditorium as presented by City Attorney S~ni.th, Chairman of the
Auditori m Building Committee. Upon vote, the voting was as follows:
Aye: Aldermen: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, t
and Hightower.
Nay: None.
A report was made by City Attorney Smith on the City Attorneys Convention in
Washington, D. C.
Jay Woods, Administrative Aide for the Community Development Program distributed
copies of hearing held at L. R. Jackson Civic Center and Maddox Schhol on how Block
Grant Funds are to be spent, and outlined procedure for approval. A meeting of
the Mayor and Council at 5 p.m. in the Conference Room on November loth and a public
meeting on November 19th were announced.
Report on the Broadway Revitalization Program kick-off was made by Jay Woods.
Budget Committee Chairman Bentley announced had tentatively set-up meetings of
the Aldermen with the Department Heads and the first budget meeting will be
held after the Community Development Meeting Monday night.
Alderman Bentley reported on meeting of the City Hall Building Committee, representatives
of the City Beautiful Commission and the Bicentennial Committee as to beautification
project of the civic complete. Also another meeting of the committees will be held at
l~:30 p.m. on November l2, 1975 •
Lee Cramer reported the Park Commission had awarded the bid for fence at D. 0. i~ittake~.
Field to West Memphis Fence & Construction Co. the second low bid as did not feel
was in the best interest of the City to award to the lowest bidder.
Alderman Bentley commented on an ad in the Wall Street Journal as to locating
industry in the Mo Pac Industrial Park.
Alderman Cosgrove elaborated on the Airport Join Planning Conference attended
with Federal officials as to feasibility study, potential of the airport, and
completion of the airport tower. Mayor Ferguson also commented on the Conference
and contacting MATCOG for assistance in obtaining grant money for a master plan
for the airport. The tower at the airport will be commissioned on January 28, 1976.
Alderman King introduced an ordinance entitled "Axe Ordinance To Rezone The South
58.75 Feet Of Lot 33 Of The M. ~'. Horsely Addition To The City Of West Memphis,
Arkansas, As Shown By Plat Of Record In Plat Book 1 At Pages !t And 5 From RS-6,
Residential, To M-1 Industrial, Declaring An ~nergency, And For Other Purposes"
and City Attorney Smith read the ordinance in full.
Attorney Lindsey J. Fairley representing the applicant, Charles J. Upton, Jr.,
reviewed action of the Planning Commission on the rezoning and a special zoning
permit granted by the Board of Adjustment for sales office for Helicopers, Inc.
Alderman Cosgrove, seconded by Alderman Dickerson, moved that the rule requiring
the reading of an ordinance in full 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: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
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 City Attorney.
151
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:
~: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None .
The Mayor declared that at least two-thirds of all members elected to the
Council having voted in favor of tine motion to suspend the rule, the motion was
carried and the rule suspended. The ordinance was then read the third time by
the City Attorney.
Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted.
The question was put by the Mayor on the adoption of the motion and the roll being
called, the following voted:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None .
Alderman Grimsley, seconded by Alderman Harris moved that Section 3, the
emergency clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
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 City. The ordinance was given No. 850. The ordinance
read as follows:
ORDINANCE N0. 850
AN ORDINANCE TO REZONE THE SOUTH 58.75 FEET OF LOT 33 OF THE M. P. HORSELY
ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, AS SHOWN BY PLAT OF RECORD IN
PLAT BOOK 1 AT PAGES ~ AND 5 FROM RS-6, RESIDENTIAL, TO M-1 INDUSTRIAL, DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, Charles J. Upton, Jr. has petitioned the Planning Commission of the City
of West Memphis to rezone certain property hereinafter described; and,
WHEREAS, Notice was duly published on October 10, 1975, as provided by law of a
hearing to be held before the West Memphis City Planning Commission at 3:30 P.M.,
on October 29, 1975, for the purpose of hearing any interested parties in
connection with the rezoning of said lands; and,
WHEREAS, At said meeting on October 29, 1975, said Petition was considered by the
Planning Commission and no persons appearing to protest the same, the Planning
Commission unanimously recommended to the City Council that said Petition be granted:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION I: That the following property described herein, to-wit:
The South 58.75 feet of Lot 33 of the M. P. Horsely
Addition to the City of West Memphis, Arkansas, as
shown by plat of record in Plat Book 1 at pages !~ and
5 of the records of Crittenden County, Arkansas,
be and the same is hereby rezoned M-l, Industrial.
SECTION II: That all Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
SECTION III: EMERGENCY CLAUSE:
152
It is found and declared by the City Council of the City of West Memphis that
this Ordinance is necessary for the growth and expansion of the City of
West Memphis; therefore, an emergency is hereby declared to exist, and this
Ordinance shall be in full force and effect from and after its passage and
approval.
SECTION IV: COPY OF ORDINANCE FILED FOR RECORD:
A copy of this Ordinance when duly certified by the City Clerk, shall be subject
to being filed and recorded in the Office of the Circuit Court Clerk and ~X-Offici- ;
Recorder within and for Crittenden County, Axkansas.
~c-~-~
Mayor Ferguson announced Mrs. Robert Cosgrove had resigned from the
Library Board, and the Board had recommended the appointment of
Mrs. H. H. Renfroe. After consideration, Alderman Cosgrove seconded by
Alderman King moved that accept the appointment of Mrs. Renfroe to serve
the unexpired term on the Library Board. Upon vote, the voting was as
follows ;
Aye: Aldermen; Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay; None.
Additional appointments to the Board of Review were presented as follows:
Ms. F3.orence Perkins-2306 S. L. Henry, (Alderman Harris's appointment)
Mrs. R. H. Ray (Alderman Rodg~r's appointment)
Mrs. Ted Jones (Alderman Cosgrove's appointment)
Mrs. Shirley Bass (Alderman Hightower's appointment)
The appointments were approved upon vote as follows:
aYe: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None.
Mayor Ferguson announced the appointment of Mr. Lynn Stanfield to the
~ergy Conservation Committee. Motion was made by Alderman Dickerson,
seconded by Alderman Bentley that the 'appointment be approved. Upon vote, the
voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None.
The Council was informed Mr. W. A. Perrino had resigned from the ~i.ectric
Examining Board. Alderman King, seconded by Alderman Rodgers moved that
Calvin Avery be appointed to the ~l.ectric Examining Board. Upon vote, the
voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None.
Mr. Tony Herring, Chairman of the Auditorium Commission, introduced Don Christen,
the Auditorium Manager, and distribured copy of proposed budget, rental agreement
form, and events booked for November. Appreciation to the Building Committee and
Auditorium Commission was expressed, also assignment of Aldermen Holt and Horton
to review the budget, operation of the Auditorium Commission being similiar
to Airport Commission, grants, rental fees, liability insurance, Ceta funds for
the manager's sale:ry were discussed.
153
City Engineer Brawley reported call had been received from Mr. Sam Morgan of
the Corps of 8ngineers that had completed the feasibility cost benefit analysis
on widening 10 Mile Bayou and 15-Mile Bayou from the mouth of 10 Mile Bayou to
Highway 70 and recommended approval to the Vicksburg office at a cost of
$9,000,000.00, also that the project be a part of the St. Francis River Basin
Project an existing project. City ~gngineer Brawley explained procedure for
approval of the project in Washington, and requested a resolution be sent to
our Congressman and Senators that support be given the project for action as
soon as possible. After consideration, Alderman Holt, seconded by A,l.derman King
moved that approve oral resolution. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, ~osgrove, Dickerson, Grimsley,
Harris, Hightower,,. and Holt.
Nay: None.
The resolution prepared by the City Attorney is as follows:
RESOLUTION NO. 550
DRAINAGE OF TEN MILE AND FIFTEEN MILE BAYOUS
WHEREAS, the Memphis District engineer for the United States Corps of Engineers
ha.s made a hydraulics study along with acost-benefit analysis for the widening
and cleanout of Fifteen and Ten Mile Bayous serving West Memphis, Arkansas and
Environs;
and
WHEREAS, this study has proven the project to be advisable and feasible and the
District Engineer has recommended that this project be authorized as a modification
of the St . Francis Basin project; and
_ WAS, this recommendation has been forwarded for review and approval to the
Division Office in Vicksburg, Mississippi, and then will go to the Office of the
Chief engineer in Washington, D. C., and
WHEREAS, the Mayor and West Memphis City Council recognizes the Corpse expertise
and knowledge of the local area's flooding problems, and
WHEREAS, the Mayor and Council agree with said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and West Memphis City Council;
THAT the District Engineer's recommendation is supported by said Mayor and Council
and that the support of the United States Senators and Congressman for this area
is requested to promote prompt action and results.
Alderman Bentley requested Engineer Brawley notify the Drainage District of the
action.
Alderman Dickerson inquireel as to calls on ?35-2720 being received at the Fire
Station after 5 p.m. Administrative Assistant Rick Gallagher explained. the
procedure and agreements with Chief Burkhart.
Alderman Bent~7-eY announced a Police Commission meeting after adjournment of
Council Meeting.
154
Alderman Cosgrove related co~aplaints as to congestion at the north end of
Missouri and the service road. After consideration, Alderman Cosgrove,
seconded by Alderman Bentley moved that the Mayor write letter to the
Arkansas Highway Department as to the congestion at the junction of N. Missouri
and Highway 77. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley,
Harris, Hightower, and Holt.
Nay: None .
Alderman Cosgrove requested information as-to who has Police radios and
scanners that the City is paying for from Chief Harper. Administrative
Assistant Gallagher was requested to prepare a list of radios and scanners
being used in all departments of°the City. ,A~.derman Horton requested copy
of the information also.
Alderman Hightower inquired as to procedure for longevity payments in the
Police Department. Cityy Attorney S~aith was ~ requested:. ~ research the matter.
Alderman Horton presented complaints as to the railroad crossing on N. 7th
Street and a blind corner due to hedge at-13th and Jackson. City engineer
Brawley was requested to check into the matters.
No further business being presented, the meeting was adjourned.
A 1•
CITY
d~
MAYOR
APPROVED: NOVEMBER 20, 1975