Loading...
September 2, 19761.J MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON SEPTEMBER 2, 1976. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o~clock p.m. on the 2nd day of September, 1976. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, J. C. King, Doug Morris, and Tilden Rodgers; and City Attorney R. L. Smith. Absent: None. Rev. Wm. Edmonson, Associate Pastor, Vanderbilt Avenue Baptist Church gave the invocation. The following proceedings were had to-wit: Alderman Grimsley, seconded by Alderman King, moved to approve minutes of Council Meeting on August 19, 1976, as included in the packet. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. Mayor Ferguson announced bids would be opened for drainage improvements, street pavement and sidewalks on S. 17th Street from Harrivson Avenue to Madison Avenue in accordance with Bid Notice published in the Evening Times on August 6, 20, and 31st. The following bids were received: Folk Construction Co. - Memphis $251,576.00 J. A. Hadley Construction Co. - Humbolt 282,2l~7.00 J. & R. Concrete Works Inc. - Jonesboro 25l~,~.29.50 Woodstock Pipeline & Construction Co. 208,059.55 Alderman Rodgers, seconded by Alderman King, m,~ved that the City Attorney, Jay Woods, and the Engineer be allowed to award to lowest and best bidder. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. Bid for construction of approximately 725 feet of Chain Link Fence for the playground area between 8. 13th and 1.1~th Streets behind the Neighborhood Facility in accordance with Bid Notice published in the Evening Times on August 11th and 18th was received as follows: West Memphis Fence & Construction Company X1.,850.00 Alderman Bentley, seconded by .Alderman Rodgers, moved to_turn bid over to the Park Commission for evaluation and award bid if reasonable. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. Alderman Cosgrove, Co-Chairman of the Utility Committee, reported there was not a quorum present at the September 1st meeting, and as several important items to be discussed the Utility Committee will meet following the Council meeting. ~~4 Alderman Horton, Chairman of the Police Commission, requested Alderman Cosgrove report on obtaining Professional Liability insurance. Alderman Cosgrove advised he had surveyed the following cities.- as to their coverage: Jonesboro - Sheriff's Association Pine Bluff - None Stuttgart -None Helena - Local Agent Hot Springs --None Forrest City - None North Little Rock - None. Mr. Cosgrove stated the matter is being pursuedthrough the Sheriffs Association, and a report will be made when have concrete information. Recommendation of the Planning Commission to approve Final Plat of McCarley Industrial Park Lying in the ~ Of Section 10, T-6-N, R-9 ~, containing 10.63 Acres was presented. Motion was made by Alderman Cosgrove, seconded by Alderman Harris, that accept the Planning Commission recommendation to accept Final Plat of McCarley Industrial Park, subject to approval of City Engineer of Improvement Plans and completion of satisfactory contract to make required improvements. Upon vote, the voting was as follows: Aye: ,Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No ; None . City Attorney Smith read the following Easement from Crittenden Hospital Association: EASEMENT KNOW ALL MEN BY THESE PRESENTS: That, CRITTENDEN HOSPITAL ASSOCIATION, a nonprofit corporation organized and existing pursuant to the laws of the State of Arkansas, for and in consideration of the sum of $1.00 and other good and valuable considerations to it cash in hand paid by City of West Memphis, Arkansas, receipt of :#~rhich is hereby acknowledged, does hereby give and grant unto CITY OF WEST MEMPHIS, ARKANSAS, the right, privilege, and an easement to set poles, string wires for the transmission of electric current, to maintain same, and for such other suses as may be necessary to the business of the City of West Memphis, Arkansas, its successors or assigns, upon, over and across the f,. following described lands lying and being situated in Crittenden County, Arkansas, to wit: THe east 10 feet, the south 10 feet, and the west 10 feet of the following described lands, to witz Commencing at a point on the center line of Rhodes Street as reflected by plat of the Eugene Woods Subdivision in the City of West Memphis, Arkansas, recorded in Plat Book 1 at page 185 in the office of the Recorder of Crittenden County, Arkansas, that is X25 feet south of the point of intersection of Tyler Street and Rhodes Street; thence west 25 feet to the paoint of beginning; thence south along the west line of Rhodes Street extended 579.11x. feet to a point; thence west 900 feet to the west line of Redding Street extended; thence north along the west line of Redding Street extended,• thence north along the west line of Redding Street extended 581.1l~. feet to a point, being the southwest corner of Block 9 of said Subdivision; thence east along the south line of said Block 9 to the point of beginning. TO HAVE AND TO HOLD the same unto the CITY OF WEST MEMPHIS, ARKANSAS, its successors and assigns . IN TESTIMONY WHEREOF, this instrument is executed on this 6th day of July, 1976• CRITTENDEN HOSPITAL ASSOCIATION By /S/ JOHN M. SMITH, CHAIRMAN ATTEST /S/ C. E. MORRISON, JR., SECRETARY ~1~ Alderman King, seconded by Alderman Grimsley, moved to accept utility Easement. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, ~osgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. An ordinance entitled '~An Ordinance To Rezone The East 190 Feet Of The Northwest Quarter (NW 4) Of Section 11, Township 6 North, Range 8 East read the first time on August 5th and the second time on August 19th was read the third time by the City Attorney. Alderman Horton, seconded by Alderman Grimsley, 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: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . The Mayor thereupon declared the ordinance 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. 867, and read as follows: ORDINANCE N0. 867 AN ORDINANCE TO REZONE THE EAST 190 FEET OF THE NORTHWEST QUARTER (NWT) OF SECTION ll, TOWNSHIP 6 NORTH, RANGE 8 EAST WHEREAS, application was made to the City Planning Commission to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 715 the matter was heard by the City Planning Commission and no persons appearing to protest the same the Planning Commission recommended that said application be granted: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST 'MEMPHIS, ARKANSAS: SECTION I: That the following described property, to wit: The East 190 Feet of the Northwest Quarter (NWT) of Section 11, Township 6 North, Range 8 East, be and the same is hereby rezoned RS-10 Single Family Residence. aECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Request to waive permit for 'Shrine Circus was presented. Alderman Rodgers brought to the Council's attention the circus had been held last year by local Shriners and proceeds go to youths and crippled children, and moved that waive the fee for the Shrine Circus. The motion was seconded by Alderman Morris. Upon roll call vote, the voting was as follows: dye: Aldermen: .Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . Mayor Ferguson informed the Council Petition-For Creation Of Board Of Utility Commissioners had been brought to the Mayor's Office for consideration. The Petition read as follows: L~U PETITION FOR CREATION OF BOARD OF UTILITY COMMISSIONERS T0: The Honorable Joyce Ferguson, Mayor of the City of West Memphis, Arkansas, and the City Council of West Memphis, Arkansas We, the undersigned, legal voters of the City of West Memphis, Crittenden County, Arkansas, and consumers of electrical power from the West Memphis Utility Commission, in order to re-establish responsible, efficient and effective management of the West Memphis Electrical Distribution System and to thereby reduce the high cost of electrical power hereby respectfully petition as follows : I. That the City Council of West Memphis, Arkansas,. under the provisions and authority of Act 115 of 1957, Ark. Stat. Ann. 19-I~061 through 19-I~082 (Repl., 195) adopt and pass an ordinance creating and establishing the West Memphis Utility Commission and a board of five C5} members for the purpose of directing, managing, controlling and operating the West Memphis Electrical Distribution System and plants and equipment thereof. II. That said ordinance shall provide for the popular election by the qualified meters of West Memphis, Arkansas, said board of Utility Commissioners who shall be five C5) in number and who shall not hold any other elective or appointed office for the City of West Memphis, Arkansas, or have any direct or indirect business or financial connection or contract with the City of West Memphis or any of its agencies, departments, officers, officials and employees. III. That said ordinance creating and establishing said West Memphis Utility Commission for the purpose of managing, controlling and operating the West Memphis electrical Distribution be passed and adopted at the next regularly scheduled meeting of the West Memphis City Council. IV. That said ordinance contain an Emergency Clause so that shall be in full force and effect immediately after its passage and approval. V. That the City Council schedule and call a special election to effect the establishment of the West Memphis Utility Commission and the Board of Utility Commissioners at the earliest date allowable by law. Each of the undersigned for himself says that he is a qualified electDr of the State of Arkansas and a legal voter of the Municipality of West Memphis, Arkansas and the name and address are correctly written below. NAME ADDRESS A lengthy discussion on the petition was had by the Council and the following citizens: Dan Craft, John Traugh - 913 S. Roselawn, Howard Craft-622 Balfour, Woody Woodworth-505 Avalon, and C. D. Shelton-l~03 Purdue. Matters discussed were: Signatures on the Petition - 1,891, obtaining of signatures on the Petition, time spent in formal meetings of the Utility Committee, salary and available time of Aldermen, areas of accomplishment, abolishment of the Utility Commission, The Touche-Ross report, implementation of the Touche-Ross report, rate study, assistance of citizens in City problems, citizens moving from West Memphis due to utility bills, united effort of citizens, organization Club, Citizens for Lower Utility Bills, information available to citizens, rates of Arkansas Power & Light Company, fuel adjustment, cost for sub stations, source of power, solar energy, government assistance, cooperation of Congress, efforts to obtain TVA, City obtaining own generating plant, problems of the Utility Department, establishing a metering department, revenues from Utility Department allocated to City for taxpayers benefits, assistance from Legislative Delegation, Federal Power Commission, comparison of utilities and taxes in West Memphis and Memphis, authority to elect a Utility Commission, political motivation, comparison of Arkansas Power & Light Company and West Memphis electric bills, Middle South utilities, Cooperation of an elected Commission with City Officials, efforts of the Council toward best interests of the City, benefits from owning utility system, meetings of the Council and representatives of flub, assistance to Council by establishing a Commission, combining Utility 1}epartment and operation of the City, and drafting of the Petition. '~ Alderman Dickerson, seconded by Alderman Rodgers, moved that table this until further study. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. Alderman Bentley assured the Petitioners the Council will consider the matter thoroughly. Mayor Ferguson expressed appreciation to citizens who were present, and for their interest in problems. An ordinance entitled "An Ordinance To Amend That Certain Part Of Section Ten (10), Ordinance No. 78~., Of The City Of West Memphis, Arkansas, And To, More Specifically, Raise The Cost Of Privilege License Fees For Carport, Yard, And Home Sales Of Used Merchandise From Five Dollars ($5.00) Per Year To Ten Dollars ($1.0.00) Per Year, And Such Sales To Be Restricted To One (1) Sale Per Person Per Year~~ was presented. Alderman Dickerson reported it was the unanimous opinion of the Privilege License Committee that leave ordinance as is, and moved that table permanently amendment to the ordinance. Alderman Cosgrove seconded the motion. Roll call vote on the motion was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . Alderman Horton requested a five minute recess, upon a unanimous vote recess was called. The Mayor called the meeting to order. City Attorney Smith presented an ordinance to amend Ordinance No. ?59 as requested by the Utility Committee. After consideration, Alderman Grimsley introduced the ordinance entitled "Axe Ordinance To Amend Section 3, Schedule No. 1, Ordinance No. 759, Establishing Rates For Residential Sanitary Sewer Service In The City Of West Memphis, Arkansas, Creating An Emergency And For Other Purpc3~es~t, and the City Attorney read the ordinance in full. Alderman Dickerson, seconded by Alderman Rodgers, 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: Dickerson, Grimsley, Hightower, Horton, King, Morris, and Rodgers. No: A]..dermen; Cosgrove and Harris. Alderman Bentley was not present. 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. Alderman Horton, seconded by Alderman Hightower then moved that the rule requiring the reading of an ordinance in f~.ill 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; .Dickerson, Grimsley, Hightower, Horton, King, Morris, and Rodgers. No: Aldermen; Cosgrove and Harris. Alderman Bentley was not present. 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 third time by the City Attorney. t_? Alderman Morris, seconded by Alderman King, 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: Dickerson, Grimsley, Hightower, Horton, King, Morris, and Rodgers. No: Aldermen: Cosgrove and Harris. Alderman Bentley was not present. Alderman Dickerson, seconded by Alderman Rodgers, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Dickerson, Grimsley, .Hightower, Horton, King, Morris, and Rodgers. No: Aldermen: Cosgrove and Harris. Alderman Bentley was not present. 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. 868, and read as follows: ORDINANCE N0. 868 AN ORDINANCE TO AMEND SECTION 3, SCHEDULE N0. 1, ORDINANCE N0. 759, ESTABLISHING RATES FOR RESIDENTIAL SANITARY SEWER SERVICE IN THE CITY OF WEST MEMPHIS, ARKANSAS, CREATING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 3 of Ordinance No. 759 sh,a,l1 be amended to read as follows: "SCHEDULE N0. 1. RATE FOR RESIDENTIAL SANITARY SEWER SERVICE Effective on: October 1, 1976 Rate: The net monthly rate (after 10~ discount) for sanitary sewer service shall be as follows: Per Month Winter: (October through May Inclusive). 132 of the net monthly bill (after 10~ discount) for metered water service for the same month. Summer: (June through September Inclusive). The monthly rate (after 10~ discount) for the months of June through September will be the calculated average of previous monthly bills from October through May. New accounts opened during the months of February through August will be billed on the winter rate until a three month average of winter months can be established. Exemp t Water: In the event that the customer uses a substantial amount of water for purposes which do not dispose of the water into the sanitary sewer system, the customer may apply to the City of West Memphis to install a meter at customers own expense to meter such water. If the City of West Memphis agrees that such water does not enter the sanitary sewer system, then the sewer charge shall be imposed on a water bill computed on total water consumption less the water passing through the meter for the water that does not enter the sanitary sewer system. ~~J Billing and Payment: Bills will be rendered monthly with water service bill. The net bill shall be paid not more than 15 days from date of bill; otherwise, the 10~ discount is forfeited and the gross bill is payable . ~~ Section 2. 'Emergency Clause. It being found and determined by the City Council of the City of West Memphis, Arkansas that the month of September reflects a summer month more than the month of May to establish our sewer rates; therefore, this Ordinance being immediately necessary for the preservatio Hof the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, an emergency is declared to exist and this Ordinance shall be in full force and effect from the date of its passage and approval. ~~~~ A Resolution authorizing application to the Bureau of Outdoor Recreation, United States Department Of Interior for assistance to develop the recreational facilities for the City of West Memphis was read by the City Attorney. Alderman King, seconded by Alderman Grimsley, moved that adopt the Resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No: None. Alderman Bentley was not present. The Resolution read as follows: RESOLUTION N0. 563 WHEREAS, the City of West Memphis, 1rkansas, seeks to improve the recreational facilities in its City and desires to have Federal Assistance where possible; AND WHEREAS, in order to obtain the funds necessary to develop the site as a recreational area it is necessary to obtain a grant from the appropriate agency of the United States Government; AND WHEREAS, the plans for such recreational area have been prepared and the price therefor has beeen established; AND WHEREAS, the City Council of the City of West Memphis, Arkansas, is well aware and apprised of the above-mentioned project, and that the City of West Memphis, Arkansas, will provide the local portion of the development cost of the entire project, and that said recreational area shall be maintained perpetually as a recreational facility; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that the Mayor of said City~or other persons acting by or under the Mayor's direction are hereby authorized to make application through the Arkansas Planning Department to the Bureau of Outdoor Recreation, United States Department of Interior for assistance to develop the recreational facilities for the City of West Memphis, Arkansas, AND THEREFORE, BE IT FURTHER RESOLVED that such application is to be submitted as expeditiously as possible. t A Resolution pertaining to securing a free audit was read by the City Attorney. Alderman King, seconded by Alderman Morris, moved to adopt the Resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, Hightow er, Horton, King, Morris, and Rodgers. No : None . Alderman Bentley was not present. The Resolution adopted read as follows: RESOLUTION N0. 561 W~i~~NNEAS, the City of West Memphis, Arkansas has in the past spent considerable swirls of money to audit all City operations, AND WHEREAS, recently our State Legislators have succeeded in having our City audits accomplished by the State at no charge to the City, AND WHEREAS, such an accomplishment is deeply appreciated by the Mayor and City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas: THAT the Mayor and City Council wish to commend State Senator W. K. "Bill" Ingram, State Representative Lloyd McQuiston, State Representative Kent Rubens, and State Representative James Stockley for their efforts in securing a free audit for the City of West Memphis, Arkansas. BE IT FURTHER RESOLVED that a copy of this Resolution be sent to: The Honorable W. K. "Bill" Ingram, The Honorable Lloyd McQuiston, The Honorable Kent Rubens, and The Honorable James Stockley. Mayor Ferguson brought to the Council's attention appointment of Lloyd Hightower to replace Glen May, who had resigned, on the Plumbing Examining Board. Alderman King, seconded by Alderman Horton, moved to appoint Lloyd Hightower to the Plumbing Examining Board. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower., .Horton, King, Morris, and Rodgers. No: None. The Council was informed the appointment of Mrs. Lillian Faulk to the Auditorium Commission expires September 19, 1976. Alderman Grimsley, seconded by Alderman King, moved to reappoint Mrs. Lillian Faulk to the Auditorium Commission. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . 1~1 Mr. S. ~. Holbrook appealed to the Council for assistance to the Wonder City Boys Club to provide facilities, and commented on the condition and activities at the L. R. Jackson Community Center. After discussion of funds available, money allocations, a Gentlemen~s Agreement, lawsuits, and an option on property, Mayor Ferguson advised the Chief of Police would be instructed to check on conditions at the Center, and the Park Commission is planning to work .on locks and requested Mr. Holbrook send memo as to repairs to be made. Research of City records was requested pertaining to purchase of property, and report made at next Council meeting., Alderman Rodgers inquired as to recommendations from Miss Charlene Akers, Museum Specialist, Arkansas History Commission, Little Rock, included in the Council Packet, and action to be taken on the log cabin for the Museum as the cabin in same condition as when placed on the lot. Alderman Rodgers, seconded by Alderman Bentley, moved that the Historical Society or whoever is in charge of the log cabin for the museum have repairs substantially completed by December 31, 1976, to the building or move out of West Memphis. During discussion of the motion Alderman Cosgrove, Chairman of the Museum Committee, reported on by-passing of the Committee by persons unknown, and recommendations from the Museum Restoration Committee of Little Rock to firmly block end termite the building, and bids are being taken on the concrete work and the termite work is being done. Upon vote on the motion, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . Alderman Dickerson requested a three minute recess, recess called. Mayor Ferguson called the meeting to order. Miss Margaret Woolfolk, Editor of the Evening Times, who is retiring, was honored as ~~Queen For The Day~~ by the Mayor, Council, and City Attorney. Miss Woolfolk was made an Honorary Citizen of West Memphis, presented a Distinguished Service Award, Red Roses, and a set of tires for her car. In response to remarks of appreciation for the interest of Miss Wo3.folk in West Memphis by the Mayor and Council, Miss Woolfolk stated one of her objectives is to write a history of West Memphis. No further business being presented, Alderman Dickerson, seconded by Alderman Morris, moved to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Horton, King, Morris, and Rodgers. No : None . ATTT~. L~ ~`" LC~"C~L~.o CITY CL~i APPROVED: AS AMENDED SEPTEMBER 16, 1976 ~~-, YOR # Review 3~ Vice-Chairman # Estimated