Loading...
June 16, 1977MINUTES WEST MEMPHIS CITY COUNCIL MEETING JUNE 16, 1977 A regular meeting of the West Memphis City Council. was held in the council chamber of City Hall on Thursday, June 16, 1977, at 1:30 p. m. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell being a quorum. Alderman Don Grimsley was absent. The- Mayor announced that this time was advertised for bid opening on a fire truck, a Community Development project, and that no other bids would be received after this time. Alderman Shelton made a motion to waive the rules to put the bid opening on the agenda. The City Attorney and Fire Chief opened the bids which were as follows: American LaFrance $74, 964. 00 $500. 00 discount if paid within fifteen days. Peter Pirsh & Sons Co. $84, 170.66 Ward La France $71, 826. 85 Alderman Hampton made a motion to turn over the bids to the Fire Commission, City Attorney and Jay Woods for study and put the matter under advisement. Upon motion duly seconded and voice vote, it was unanimously RESOLVED, That Community Development Project, bids on fire truck, be turned over to the Fire Commission, the City Attorney and Director of Community Development Jay Woods for study. (Comm. Dev. fire truck bids. Mayor Ferguson stated it was necessary to approve or correct the minutes of council meeting on June 2, 1977. Alderman Hampton stated that on page 13 in the list of members of advisory committee, two names were left out; those of treasurer Chadd Durrett and Lloyd McCuiston. Alderman Ray made a motion to approve the minutes as corrected. Upon motion being duly seconded and voice vote, the minutes were unanimously approved as corrected. Mayor Ferguson announced the time for requests from citizens. Mr. Don Adams, representing Child Evangelism of Memphis, asked permission to bring a small mobile class room to West Memphis for the purpose of teaching children Bible lessons in their own neighborhood. Alderman Ray .made a motion to grant permission to Mr. Adams to brix~:g the mobile class room in. Alderman Shelton seconded the motion and upon voice vote, it was unanimously (child RESOLVED, That permission is hereby evangelism) given to Child Evangelism of Memphis to bring a small portable class room in to West Memphis for the purpose of teaching children Bible lessons in their own neighborhood. The Mayor stated the first order of old business would be the third reading of an ordinance to amend Ordinance 586 concerning the building code. City Attorney, Robert Smith, read the ordinance for the third time. Alderman Morris made. a motion the ordinance be adopted on the third reading. Alderman Jackson seconded the motion and upon roll call vote, the ordinance was unanimously adopted on the third reading. The ordinance was given No. 903. ~97 '~'~ .~~ ORDINANCE N0. ~ T AN ORDINANCE TO p,MEND ORDINAI`ZCE N0. 586 OF THE CITY OF tidEST ~~MPHIS, ARKANSAS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY, OF `NEST MEMPHIS, ARKANSAS: SECTION 1. Section 1 of Ordinance No. 586 is hereby amended to read as follows: ADOPTION OF BUILDI?~G CODE. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of estab- lishing rules and regulations for construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of building and structures, including permits and penalties, that certain building code known as the National Building Code, recommended by the National Board of Fire Under- writers, being particularly the 1976-Edition and the whole thereof, including any revised editions thereof, save and except such portions as are hereinafter deleted, modified or amended of which not less than three (3) copies have been and now are filed in the Office of the City Clerk of the City of West Memphis, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City of West Memphis, Arkansas. SECTION II. All parts of Ordinance No. 586 in conflict herewith are hereby repealed. _ ,• ` -.. ` PASSED AND APPROVED this ~' day of ~ _ , 1977 . ATTEST : - -- CITY CLERK ~~~~~ ~~~ MAYOR ~~~ The Ma yor stated the next item was the third reading of an ordinance concerning fire prevention. The City Attorney read the ordinance the. third and final time. Alderman Ray made a motion to 1 adopt the ordinance on the third reading. Alderman Morris seconded the motion and upon roll call vote, it was unanimously adopted and given number 904. ORDINANCE N C ~ ~.l ~ 0. AN ORDINANCE TO AMEND ORDINANCE N0. 710 OF THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES. BE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF U]EST MEMPHIS, ARKANSAS: SECTION 1. Section 1 of Ordinance No. 710 of the City of West Memphis, Arkansas is hereby amended to read as follows: "Section 1. There is hereby adopted by the City of West Memphis, Arkansas for the purpose of providing fire prevention and protection in connection with hazardous materials and processes the American Insurance Association Fire Prevention Code, 1976 Edition, of which not less than three (3) copies have been filed in the Off ice of the City Clerk of the City of West Memphis; the same is hereby adopted and incorporated as fully as if set out herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of West Memphis, Arkansas" Section 2. All other provisions contained in Ordinance No. 710 shall remain in full force and effect except as herein specifically amended . PASSED AND APPRO ED this ~~ ~ d v ay of 1977. ____. ,- ~ ~~ +' _ ~- ,., / % t _,,~ ~~ ... raaYOx ATTEST: ,--~ , ~/ •r' The Mayor announced the next item to be an ordinance con- cerning motorcycles. The City Attorney read the ordinance the .third and final time. Alderman 7Vlorris made ~ motion to adopt the ordinance on the third reading. Alderman Shelton seconded the motion and upon roll call vote, the ordinance was unanimously adopted and given No. 905. .r, ,~ ORDINAi~TCE rJ• . ~- __a BE IT ORDAIr1ED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION OIV'E. Section One (1) of Ordinance No. 899 is amended to read as follows: "No motorcycle or motor-driven cycle shall be operated in any manner,'so as to cause a disturbance in any,area of the City. Touring, stunting, or racing of motors are prohibited in any hospital or nursing home area, and it is also unlawful to operate a motorcycle within one-quarter (1/4) mile of any residence except on a regularly established public street, provided it shall not be unlawful for a person to ride a motor- cycle or motor-driven cycle on their own premises". .- PASSED AND APPROVED this _ day of .` 's~ _~." 1977. xs.~+~.. MAYOR ATTEST: - ., ~-, ~ / ~_ _,. ~r _ ~ /~ ~_. ,. CITY CLERK The Mayor announced the next item of business to be the third reading of an ordinance to increase the application fee for zoning. Tho City Attorney read the ordinance the thir~ and final time. Alderman 1 Woodell made a motion to adopt the ordinance on the third- reading. Alderman Spencer seconded the motion and upon roll call vote,- it was unanimously adopted on the third reading and given number 906. ,,~.. ~ ._ ~ ~~, ORDINANCE N0. ~ ~ AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST MEMPHIS, ARI:ANSAS, ORDINANCE N0. 715, SECTION 14, PARAGRAPH 14.222, APPLICATION FEE, AI~tD FOR. OTHER PURPOSES. BE IT ORDAIi~1ED BY THE CITY, COUNCIL OF TIIE CITY OF tiJEST MEMPHIS , ARI:ANSAS SECTION ONE. The Zoning Ordinance of the City of blest Memphis, Arkansas, Ordinance No. 715, dated March 16, 1972, Section 14, Paragraph 14.122, shall be amended to read as follows: "14.122 Ap lication Fee. Each application by a property owner shall be accompanied by a fee of Fifty Dollars ($50.00) no part of which shall be returnable to the applicant." PASSED AND APPROVED this ! ~, day of ~~ 'l 1977. ,. ~. ~01 ?Yrn~o~ ATTEST: ,--~,. f.. i ~. __ /`~~ CITY CLERK The Mayor stated the next item to be the first reading of an ordinance to increase the membership of the Auditorium Commission from five to seven members. The City Attorney read the ordinance the first time. Alderman Jackson, sponsorer of the ordinance, made a motion to adopt the ordinance on the first reading. Alderman Shelton seconded the motion and after discussion and roll call vote, it way unanimously- = RESOLVED, That an ordinance to increase the Auditorium Commission from five to seven members be and hereby is adopted on the first reading. 1st R. (Aud. Comm) A request was made by members of the council that letters be mailed to the Auditorium Commission advising them of this pending ordinance. The--Mayor stated the next item to be the first reading of an ordinance concnrning peddlers in West Memphis. The City Attorney read the ordinance for the first time. Alderman Shelton made a motion to table this ordinance and upon motion being duly seconded and voice vote, it was RESOLVED, That the ordinance concerning peddlers be and hereby is tabled. The Mayor stated the next item to be the first reading of an 1st R. (peddlers ~-i.c.tabled) ordinance sponsored by Alderman Shelton giving the Mayor the authority to sell property belonging to the city valued at a thousand dollars and under. The City Attorney read the ordinance the first time. Alderman Ray made a motion that the ordinance be adopted on the first reading. Alderman Jackson seconded the motion and upon roll call vote, it was unanimously RESOLVED, That the ordinance concerning the Mayor's authority to sell city property valued at $1000. 00 or less be and hereby is adopted on the first reading. The Mayor announced the next item of old business to be an 1st R. (mayor author to sell) amendment to the Affirmative Action Plan for the City of West Memphis and asked Rick Gallagher to make an explanation to the council of the amendment. Mr. Gallagher explained that in a meeting with a repre- sentative of HUD, Manes & Associates, Civil Service, the Mayor and himself, it was agreed that certain deletions and insertions must be made and it was necessary to have the written approval of the Civil Service Commission which the Mayor had now received by letter of June 15, .1977, from the Commission's secretary, Mr. Chitman. Mr. Gallagher further stated that as soon as the amended plan was received from the city's planner, Manes & Associates, each member of the council would be given a copy; that it is the responsibility of the Mayor and the Council to adopt this amendment. Alderman Horton made a motion to adopt the amendment. Alderman Shelton seconded the motion and upon voice vote, it was unanimously (Affirmative RESOLVED, That the amendment to~ the Action Plan City of West Memphis Affirmative Action Amended) Plan be and hereby is adopted. The Mayor announced the first item of new business to be the first reading of an ordinance, sponsored by Alderman Shelton, concerning license for gas fitters. The City Attorney read the ordinance the first time. Alderman Jackson made a motion the ordinance be adopted on the first reading. Alderman Woodell seconded the motion and upon roll call vote, it was unanimously (Gas fitters RESOLVED, That the ordinance pertaining ord.) to license for gas fitters be and hereby ~, adopted on the first reading. The Mayor announced the next item of new business, the first reading of an ordinance placing CETA workers under Civil Service and that it was necessary to waive the rules to put the item on the agenda. Alderman Morris made a motion to put the item on the agenda. Alderman Jackson seconded the motion and upon voice vote, the motion carried and the ordinance was placed on the agenda for the first reading. The City Attorney read the ordinance. Alder- man Horton made a motion to adopt the ordinance. Alderman Spencer seconded the motion and after discussion, it was unanimously (CETA) RESOLVED, That the ordinance placing 203 CE TA employees under Civil Service is hereby adopted on the first reading. The Mayor asked for the concurrence of the council to write a letter to Civil Service directing them to place these men after they have taken their promotion tests next week that they will be put on the Civil Service Register at that range and grade. Alderman Shelton made a motion to agree with the Mayor to write. the letter. Alderman Jackson seconded the motion and during discussion Alderman Spencer said, "Are you goint to authorize the Secretary to put this in the files?" The Mayor said to write the secretary a letter and instruct him to put this in their files is what the intention is. Alderman Spencer added that from hence- forth and forevermore based on this, they are going to act accordingly and these people will be promoted for whatever action is necessary. The Mayor added, "I just want your permission to write this letter from the Mayor and City Council. Upon voice vote, the motion unanimously carried. The .Mayor said it was necessary to waive the rules to put on the agenda an ordinance concerning utility rates. Alderman Hampton made a motion to put the ordinance on the agenda. Alderman Jackson seconded the motion and upon voice vote, there was one negative vote. Alderman Ray voted "no". The Mayor and the City Attorney ruled the item could not come up at this time. The Mayor announced the next item ~f new business to be a resolution on the AP&L settlement agreement. The City Attorney. read the resolution. Alderman Ray made a motion to adopt the resolution. Alderman Spencer seconded the motion. During discussion, Alderman Shelton made a motion to delete paragraph 4 of the resolution. Alderman Ray seconded the motion and upon voice vote, it was unanimously agreed to delete paragraph 4 from the resolution. After Mr. Para explained the details of the agreement and reminded the council that this matter was agreed upon in a Utility Committee meeting, and upon roll call vote, the resolution was unanimously adopted as amended and given number 588. 204 RESOLUTION NO. 588 WHEREAS, The Arkansas Power & Light Company and customer intervenors entered into a Settlement Agreement dated September 16, 1976, in resolution of the proceedings in Federal Power Commission Docket Nos. E-8250 and ER76-110; and, WHEREAS, under the terms of said Settlement Agreement, the Arkansas Power and Light Company filed a rate application before the Federal Power Commission, which has been designated ER7?-278; and WHEREAS, representatives of the Arkansas Power & Light Company and the customer intervenors, in resolution of the proceedings in the Federal Power Commission Docket No. ER77-278, have agreed on certain terms set out in a Settlement Agreement (a copy of which is attached to and hereby made a part of this Resolution); and, NOW, THEREFORE, BE IT RESOLVED, That the City Council of West Memphis does hereby approve said Settlement Agreement in the form and containing the terms previously negotiated, and attached to this Resolution, and recommends its approval, and THEREFORE, BE IT FURTHER RESOLVED, That the Mayor is directed to file a copy of this Resolution and the attached Settlement Agreement, dated June 2, 1977, with the City Clerk, and directed to execute and carry out said Settlement Agreement for and on behalf of the City Council. PASSED AND APPROVED This 16th day of June 197?. ~~ iVlayor ATTEST: ,. ~- -~" ~ City Clerk ,' After afive-minute recess, the Mayor called the meeting back to order at 2:45 p. m. ` The Mayor stated the next item of business was the resolution to be sent to the county on the 5 mill debt service, the 5 mills for general purposes and 1 mill library tax" as is done every year. The City Attorney read the resolution. Alderman Ray made a motion to adopt the resolution. Alderman Spencer seconded the motion and upon voice vote, it was unanimously adopted and the resolution was given No. 589. =mar .f `~ RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of five (5) mills upon the dollar for general purposes; That a tax of five. (5) mills upon the dollar for debt service; and That a tax of one (1) mill upon the dollar for public city library, be and hereby is levied upon the assessed value of all real and personal property within the limits of the City of West Memphis, Arkansas; and That the City Clerk is hereby directed to deliver a certified copy of this resolution to the Clerk of the County Court of Crittenden County for the tax books for the ,year 1977. o, a-' Mayor ATTEST: . _ _ ~._ _ 'l City Clerk Mayor Ferguson stated the next item was a resolution on the one mill firemen's pension. The City Attorney read the resolution. 111 Alderman Hampton made a motion to adopt the resolution. Alderman Jackson seconded the motion and upon voice vote, it was unanimously adopted and given .number 590. ~ -~ i~"? ~' _7 ,. .: '' ~ RESOLUTION ~~~ ,~ C, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of one (1) mill upon the dollar for Firemen's Relief and Pension Fund, be and hereby is levied upon the assessed value of all real and personal property within the limits of the City of West Memphis, Arkansas; and That the City Clerk is hereby directed to deliver a certified copy of the Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1977. e, ~ Mayor ATTEST: ~,,/~ _ ,. _ J i i .r ~ / Mayor Ferguson stated the next item was a resolution on the one mill policemen's pension.. The ity Attorney read the re- solution. Alderman Ray made a motion to adopt the resolution. Alder- man Spencer seconded the motion and upon voice vote, it Was unanimously adopted and given number 591. i3-1 RESOLUTION~~~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of one (1} mill upon the dollar for Policemen's Pension and Relief Fund be and hereby is levied upon the assessed value of all real and personal property within the limits of the City of -West Memphis, Arkansas; and That the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1977. R1ay~~ ATTEST: .. ~,f'.l .. _~.- ... .... ___ City Clerk ,. DATE r/; ~- The Mayor stated it was necessary to waive the rules to allow a resolution to come before the council concerning the payment C in lieu of taxes by Reflexion Industries, dividing the money in thirds to share. with the school district and the county. Alderman Horton made a motion to waive the rules and allow the matter to come before the council. Alderman Ray seconded the motion and upon voice vote, it was unanimously agreed to allow the matter to come before the council. The City Attorney read the resolution. Alderman Horton made a motion to adopt the resolution. Alderman Ray seconded the motion and upon voice vote, the. resolution was unanimously adopted and given number 592. The Mayor stated a copy would be sent to the school district and to the county. 1 RESOLUTION NO. '`% ~ `'_" WHEREAS, The West Memphis City Council has recently passed ordinances giving the Reflexion Industries, Inc. , permission to sell Act 9 bonds, and WHEREAS, The Reflexion Industries, Inc. , wishes to pay their pro rata part of taxes due to the fact that the facility will not be taxable, THEREFORE, BE IT RESOLVED, That the City will retain one-third of each payment and will distribute the other two-thirds as follows: one-third to Crittenden County, Arkansas, and one-third to Hulbert-West Memphis School District No. 4 of Crittenden County, Arkansas. PASSED AND APPROVED THIS ~ _~ ~ ~ DAY OF. ~~ 1977. r ~l ` /~ ~ .~I J~ /' r., '.."-.. /' ..i Alderman Morris, Chairman of the Fire Commission made a motion that the firemen advanced from hosemen to driver be paid from April 1 for their increase in salary. Upon motion being duly seconded and voice vote, it was unanimously RESOLVED, That the firemen advanced from hosemen to driver be paid their increase in salary from April 1. Alderman Hampton, Chairman of the Street Committee, stated a petition had been received from people in the vicinity of Eighteenth Street and Jackson Avenue that a 4-way stop sign be installed at that intersection. Alderman Hampton made a motion that 4-way stop signs be installed at Eighteenth and Jackson on a temporary basis then reviewed in six months. Alderman Morris seconded the motion and after discussion and roll call vote, it was unanimously RESOLVED, That stop signs would be (St. Dept. installed at 18th Street and Jackson 4-way stop) Ave. , on a six months trial basis. Ms. Wheeler was instructed by the Mayor to have the 4-way stop signs installed. Alderman Hampton stated the committee had discussed South Seventh Street and asked the Mayor to explain the grant. Mayor Ferguson stated the City of West Memphis governing bodies had received a $676, 000 on a public works grant and that we are in the process of negotiating with the school district. The Mayor further -cited the need for Seventh Street project as first priority and that the matter will be further discussed at a recessed meeting. Alderman Ray stated he had received a complaint that there were no railings on the bridge at Balfour and Avalon. Alderman Hampton said he would take it up at Street Committee meeting. Alderman Woodell, Chairman of the Higher Education Steering Committee, reported thirty-six students had registered at the school and asked Alderman Hampton, Chairman of the Advisory Committee about the grants. Alderman Hampton stated ten awards are being given and they still have money in the treasury. The John Gammon Foundation gave ten full grants which amounted to $690. 00. The Committee recommended and Alderman Hampton made a motion that the city dispense with the building fee for ;the recipients of the Gammon grants. Alderman Jackson seconded the motion and upon voice vote, it was unanimously (ASU fee) RESOLVED, That the ten students re- ceiving the grants from the John Gammon Foundation would not be charged the build- ing fee by the city. Alderman Spencer made a motion to let Mrs. Neal use the classroom she needs at the Tabernacle facility. Upon motion being duly seconded and voice vote, it was unanimously (ASU fac.) RESOLVED, That Mrs. Neal is hereby given permission to use the classroom requested. Alderman Jackson made a motion that a resolution be sent to the John Gammon Foundation. Upon motion being duly seconded and voice vote, it was unanimously RESOLVED, That a resolution of ap- preciation be sent to the John Gammon Foundation. Mayor Ferguson asked the council to be thinking of a name to change the name of Tabernacle to. Alderman Jackson read a letter from the City Beautiful Commission concerning pick up Arkansas campaign asking Aldermen to follow the example of Ward 5 in appointing leaders to clean up. Mayor Ferguson announced that Bill Pollard needs council approval for destroying selected city support records and needs one alderman to witness the records being destroyed. Alderman Hampton made a motion to give permission to destroy support records on list submitted in packet by Bill Pollard. Upon motion being duly seconded and voice vote, it was unanimously RESOLVED, That Bill Pollard is hereby (Microfilm authorized to destroy support records Dept. ) listed in packet. Mayor Ferguson, at the recommendation of the City Beautiful Commission, made the following appointments to the City Beautiful Commission: I~rs. Russell Pryor, 10 Meadowbrook Land and Mrs. Frank L. Martin, 1110 Crestmere. ,Alderman .Horton made a motion to confirm the appointments; Alderman Jackson seconded the motion and upon voice vote, the appointments were unanimously approved. Mayor Ferguson announced the city sale will be on July 22. Alderman Hampton, chairman of the committee in charge of the sale stated the sale will be at the new West Memphis Educational Facility. Alderman Hightower made a motion that the playground equipment at the Tabernacle facility be transferred to the Park Com- mission for use at the park at the Neighborhood Facility. Upon motion duly seconded and voice vote, it was unanimously agreed the equipment would be moved to the new location. Alderman Woodell requested the Police Commission review the ordinance on the number of dogs allowed one family, can they have more than three if one is kept inside ? Alderman Hampton asked for resolutions of appreciation for three Civil Service Commissioners who have recently resigned. Alderman Shelton in discussing Civil Service Commission, made a motion that the council request that either Mr. Wheeler resign from the Civil Service Commission or Mrs. Wheeler resign from her job with the city. Alderman Ray seconded the motion. During discus- sion, Alderman Jackson suggested that Mr. Wheeler and Mr. Chitman be asked to come to city council meeting on the 28th and discuss civil service. After this suggestion, Alderman Ray withdrew his second to Mr. Shelton's motion. Alderman Shelton withdrew his motion. Alderman Jackson then made a motion that Mr. Wheeler and Mr. Chitman be asked to come to recessed council meeting for discussion. Upon motion being duly .seconded and voice vote, it was unanimously agreed to ask Mr. Chitman and Mr. Wheeler to come to the recessed council meeting. The Mayor announced that the support records to be destroyed are in the work room at City Hall if any member of the council wishes to see them. Alderman Hightower thanked city officials for flowers and cards he received while in the :hospital. Alderman Hampton made a motion to recess the meeting until Tuesday evening, June 28 at 7:00 p. m. Upon motion being duly seconded and voice vote and there being no more business to come before the council, the meeting recessed until Tuesday, June 28, 1977, at 7:00 p. m. May ~~~ ~v-~ City Clerk