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March 16, 1978MINUTES WEST MEMPHIS CITY COUNCIL MARCH 16, 1978 The City Council of the City of West Memphis, Arkansas, met in regular session in the Council Chamber at City Hall at 1:30 p. xn, on March 16, 1978. The following were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Rev. Norman McDonald offered prayer. Motion was made by Alderman Horton, seconded by Alderman Shelton that minutes of March 2, 1978, included in the packet be approved. The minutes were approved by voice vote as follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Mayor Ferguson announced citizen's requests was the first item on the agenda. Mrs. Betty Cary, 713 Belmont, representing Westwood Acres Citizens Association, presented the following petition with approximately 400 signatures: WESTWOOD ACRES March 8, 1978 Mayor Joyce Ferguson City Hall West Memphis, Arkansas Dear Mayor Ferguson: We the undersigned petitioners, residents of Westwood Acres, feel that zoning Lots 1, 2, 3, 4, 5, 6, 7, & 8 in Block 2 of Meadowbrook Gardens Subdivision to West Memphis as multi- family dwellings is detrimental to our real estate value: Mrs. Cary was informed the petition would be considered under new business. Mr. Willie Robinson of Robinson Security Service of Memphis, Tennessee, requested the City Attorney to read the following letter: Willie N. Robinson, Sr. , 483 East Gage Avenue Memphis, Tennessee 38106 March 16, 1978 West Memphis Police Department Special Officers Division Re: Letter of intention for opeing a security guard service To Whom it May Concern: This letter is to inform you of my intention of opening a Security Guard Service with your permission. The name of this business will be Robinson Security Service. This service will be available to Commercial, Residential and Industrial clients in need of Security Services. The business will operate on a 24-hour basis of availability. All security guards employed by this business will undergo screening, bonding procedures in accordance with the West Memphis City Police Department's code. The guards will not perform in any way unless approved. I have a Security guard service establishment in Memphis, Tenne- see. The service is licensed, bonded and approved by the Memphis Police Department. Respectfully yours, Willie N. Robinson, Sr. Alderman Hampton, seconded by Alderman Horton, moved that refer the letter to the Police Commission for further study. Upon voice vote, the voting was a s follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Ms. Connie Baker, 812 Pecan, Westwood Acres, informed the Council she had refused to sign the petition pertaining to the zoning and is for duplexes in the area. Mr. Calvin Farmer, 617 S. 9th Street, representing ACORN, a new organization in West Memphis, requested enforcement of the law pertaining to demolition of vacant houses, and informed the Council of meeting with Building Inspector Avery. Building Inspector Avery reported he had met with the Budget Committee as no funds had been allocated for the demolition and is working on the matter with City Attorney Smith. Ms. Willie Mae Rowe, 301 N. 12th Street, a member of ACORN, requested enforcement or ordinance pertaining to eyesore at the Billy Johnson Sheet ~'~etal, 910 Thompson. Building Inspector Avery reported he is working with Mr. Johnson on the matter. Mr. David Taylor , 619 S. 9th Street, a member of ACORN, spoke on enforcement of ordinances on demolition of houses. Mayor Ferguson advised as soon as funds available progress will be made on the matter. City Attorney Smith read an ordinance entitled "An Ordinance to Rezone Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 2 of 1Vleadowbrook Gardens Subdivision, West Memphis, Arkansas, the second time. Alderman Jackson, seconded by Alderman Ray, moved that the ordinance be adopted on the second reading. During lengthy dis- cussion on the motion the following spoke in opposition to the ordinance: Alderman Shelton, Mrs. Dorothy Y. Ward, 735 Belmont, Mrs. Betty Cary, 713 Balmont, Mr. Butch Hazelwood, 203 Oxford. Speaking for the ordinance were: Mr. Bob Jontz and Attorney Ralph Sloan. Action of the Planning Commission, Bill of Assurance, requirements for duplex, were considered. Thereupon, Alderman Jackson withdrew her motion to adopt the ordinance and the second was withdrawn by Alderman Ray. Alderman Ray, seconded by Alderman Jackson, moved that the zoning be sent back to the Planning Commission for further discussion and for another open hearing. Upon roll call vote, the voting was a s follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, and Jackson. No: None, Alderman Shelton, seconded by Alderman Jackson, moved when the zoning comes before the Planning Commission that the Westwood Civic Association be notified. Upon voice vote, the voting was as follows: Aye: Alderman: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, and Jackson. No: None. Suggestion was made by Alderman Spencer the the Planning Commission Secretary notify the Westwood Acres Citizens Association of the next Planning Commission meeting which is scheduled for 3:30 p. m. , March 29, 1978. An ordinance entitled ''An Ordinance Granting a Franchise to American Cablevision of West Memphis, Inc. (ACWM) and Assigns, to Own, Operate and Maintain A Community Television System in the City of West Memphis, Arkansas, Setting Forth Conditions Accompanying the Grant or Franchise; Providing for Regulation and Use of the Said System by the Said City; Establishing a Cable Television Program Advisory Council and Authorizing the Mayor to Execute Joint Poles Agreement" was read the second time by the City Attorney. Alderman Horton, seconded by Alderman Woodell, moved the ordinance be approved on second reading. During consideration of the motion Attorney Joe Rogers representing American Cablevision advised had not received a ruling from Federal Communications Commission as to Little Rock stations. Alderman Morris, seconded by Alderman Grins ley, moved to limit debate. -~ Upon voice vote, voting was as follows : Aye : Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, and Jackson. No: None. The question was put by the Mayor on the adoption of the motion to approve the second reading of the ordinance, the roll call vote was as follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Mayor Ferguson brought to the Council's attention a resolu- tion pertaining to Dover Street Extended was not on the agenda. Alderman Horton, seconded by Alderman Morris, moved that the rules be suspended and the resolution be placed on the agenda. Upon voice vote, the voting was as follows : Aye : Aldermen Morris, Ray, Shelton, Spencer,Woodell , Grimsley, Hampton, Hightower, Horton and Jackson. No: None. City Attorney Smith read the resolution. Alderman Grimsley, seconded by Alderman Horton, moved the resolution as read be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Alderman Ray was absent from the Council Chamber. The resolution read as follows: RESOLUTION WHEREAS, the City of West Memphis, Arkansas desires to open anal construct a new street known as Dover Street Extended between the intersection of Dover Street and North Nlissour_i Street CState Route 77) and the intersection of North 7th Street and East Barton in Said City, and WHEREAS, after good faith through negotiations, by the City, it has bzcome necessary for the City of West Memphis to condemn the Right-of-way for said proposed street. properties, on those properties where negotiations have failed; IS THEREFORE RESOLVED THAT the Council of the City of West Memphis authorizes the Mayor to act as the City's designated agent -t:o proceed with the necessary actions to condemn said right-of-way for the street construction. PASSED AND APPROVED this ~ day o 1978. d~ ~ ~ ._ MAYOR ATTEST: ~ ~/ ;~ ~r CITY CLERK The Mayor announced an ordinance to control false police alarms had been prepared but was not on the agenda. Alderman Horton, seconded by Alderman Grimsley, moved the rules be suspended and the ordinance be placed on the agenda. Upon voice vote, the voting was as follows: Aye: Aldermen: Morris, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Alderman Ray was absent from the Council Chamber. City Attorney Smith announced the Chief of Police requested the ordinance contain an emergency clause. Alderman Horton introduced an ordinance entitiled ''An Ordinance to Control False Police Alarms and Unlawful Interference With Police Alarm Apparatus of the City of West Memphis, Arkansas" and the City Attorney read the ordinance in full. Alderman Grimsley, seconded by Alderman Spebcer, 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: Morris, Spencer, Woodell, Grimsley, High tower Horton, Jackson and Ray. No: None. Alderman Hampton was absent from Council Chamber. 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. Alderman Morris, 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: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hightower, Horton and Jackson. No: None. Alderman Hampton was absent from the Council Chamber. 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. 928, and read as follows: T r, R ~~ O. _DINAT~C~ NO . __ AN OP.DIT~IANCE TO CONTP.OL FALSE POLICE ALARMS AND iJ~1LAWFUL INTERFE°,ENCE WITH POLICE ALARM APPARATUS OF i iIE C I T Y OF taE ST MET~IPH I S , ARKANSAS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST N~MPHIS , APKANSAS ; ~""''` SECTION I . "FALSE ALARM" DEFINITION . "FALSE ALAP.r?" shall mean~an alarm signal necessitating response by t?ze Police Department where a Police Emergency did not. exist. SECTION II. It is unlawful for any person, firm, corporation, association or partnership to wilfully and/or . kno~~ingly give a false alarm to the Police Department of the City of West Memphis, Arkansas. SECTION III. Any person, firm, corporation, association, or partnership who shall cause a "FALSE ALARr'~" to be reported shall be guilty of a Class C Misdemeanor, for which penalties . are set out in Arkansas Statute 41-1101, Paragraph 2, Section c, and Arkansas Statute 4~1-901, Paragraph ~, Section c, quoted below AS 41-1101, Paragraph 1, Section c, states: - "A defendant convicted of a misdemeanor may be sentenced to pay a fine not exceeding One Hundred Dollars ($100.00) if. the conviction is of a Class C Misdemeanor; AS 41-901, Paragraph 2, Section c, states: - "A defendant convicted of a misdemeanor may be sentenced to a term of imprisonment not to exceed thirty (30) days if the conviction is of a Class C Misdemeanor. SECTION IV. Emergency Clause. It having been found and determined by the City Council of the City of tiJest Memphis, Arkansas, that there are many false alarms which are turned in to the Police Department and which said false alarms cause a waste of Police ]'Zanpocaer, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of the City of :Test I~temphis , Arkansas , shall be in full force ar.d effect fro: and a~ter_ tr.,_ date of its passage and approval ~~ PASSED AND APPR~JVE~~ this day of ~~~j~ 1978. _-, rrAYOR ATTEST : ~" r / t CITY CLERK ,-, r- Alderman Jackson requested a five minute recess. Mayor Ferguson called the meeting to order. Alderman Jackson, Chairman of the Budget Committee, reported the Committee met March 14th and considered appointment of a committee to appraise two pieces of city property the old city shop and youth center. Thereupon, Alderman Jackson, seconded by Alderman Horton, moved that the city sell the old city shop and the youth center. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Horton, Hightower and Jackson. No: None. The Bud-get Committee recommended the appointment of the follovcring to the committee~_ Mrs. Jogrce Mc~'arl~.nd. of McFar~.and Realty Company, Mr. Jeff Wilson of Trans-American Realty Company, Mr. E. J. White of E. J. White Realty Company. Vote on recommendation to appoint the committee and the people to serve was as follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Grimsley, Woodell, Hampton, Horton, Hightower and Jackson. No: None. Alderman Jackson brought to Council's attention a letter from Mrs. Earnestine Clayton, Special Education Supervisor for West Memphis Schools, requesting each Councilman and other interested citizens to send check for fee for a child to enter the Special Olympics, check to be $7. 00 for each child and send to Mrs. Earnestine Clayton, Box 826, West Memphis. Alderman Jackson reported the following bids had been received: Office Machines: Douglas $2, 865.60 and Ginn $2, 810. 00. Motion was made by Alderman Ray, seconded by Alderman Shelton, that the low bid of Ginn be accepted for office equipment. Upon voice vote, the voting was as follows: Aye: Aldermen: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Horton and Jackson. No: None. For pest control: Acme Termite & Pest Contol -.West Memphis - $1, 674. 00; Adams Pest Control -West Memphis - $2, 592. 00; Stroupe Pest Control -Memphis - $1, 596. 00. Motion was made / ~ /'F y by Alderman Ray, seconded b,y~ Alderman Hampton, that Acme Termite be given the contract. After discussion the roll call vote was as follows: Aye: AldermE~n: Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Alderman Horton, Chairman of the Street Committee, reported the Committee met at 4:30 p, m. , March 8th and voted to acdept the bid of Tom Gib son iri the amount of $ 9, 66 9. 2 0 for tw o trucks as submitted previously. Motion was made by Alderman Horton, seconded by Alderman Grimsley that the bid of Tom Gibson in amount of $ 9, 66 9. 2 0 for two trucks as submitted previously be accepted. During consideratior.~ of the motion as to air conditioners, radios, intent of the council referring matter back ~o the Street Committee, saving of City monE~y, fringe benefits, rules for all city vehicles, and gtaidelines fo7~ future purchases, Alderman Grimsley called for the question. Ro11 call on limiting debate was as follows: Aye: Aldermen: Morris, Spencer, Woodell, Grimsley, and Horton. No: Aldermen: R~~,y, Shelton, Hampton, Hightower, and Jackson. The motion was defeated. The matter was discussed further as to air conditioners for sanitation department trucks and policy for city vehicles. Alderman Grimlley, seconded by Alder- man Shelton called for the question. Roll call on limiting debate was as follows: Aye: Aldermen: M~~rris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower Horton and Jackson. No: None. Roll call vote on the main motio~z to accept the bid from Tom Gibson was as follows: Aye: Aldermen: Morris, Spencer, Woodell, Grimsley, Horton and Ray. No: Alderman: Shelton, Hampton, Hightower,) ackson. Motion carried. Alderman Shelton was excused f~~om meeting. Alderman Morris, Chairman of the Police Commission, reported the Commission met March 13th, and among items dis- cussed were the following: A si€;n to be placed on the building designating as Police Department, purchase of new police cars with $35, 000. 00 to $40, 000. 00 to be reimbursed from the Highway Safety Project for the salary of the six officers and the two patrol cars paid by the city, and construction of records room expansion that had been included in the Police Department Budget. Alderman Morris, seconded by Alderman Hampton, moved that grant up to $1, 500. 00 for expansion of records room. Upon voice vote, the voting was as follows: Aye: Aldermen: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Also, considered by the Commission and action taken were: require- ment patrolmen wear caps was tabled until budget time, and patrol- men showing the violator the speed violation on the speed gun was postponed until the next meeting. After discussion of the report, Alderman Ray, seconded by Alderman Grimsley, moved that the City Council go on record asking Chief Keen and Chief Bell to have their men wear caps if and when the Police Commission feels they should wear caps. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, and Jackson. No: Alderman: Horton. The motion carried. Thereupon, motion was made by Alderman Ray, Seconded by Alderman Grimsley, that copy of the motion be sent to Chief Keen and Chief Bell, signed by the Mayor and City Clerk. Upon voice vote, the voting was as follows: Aye: Alderman: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Request was made by Police Commission thatState Highway Department be requested to consider uniform speed limits on Broadway in the city limits and a 3 5 mph sign in front of East Arkansas Loan Building be replaced. Alderman Woodell, Chairman of the Insurance Commission, _ reported state laws do not require general comprehensive insurance against liability be carried by a city except on vehicles, and moved, seconded by Alderman Horton: that the City discontinue compre- hensive insurance general liability on everything but vehicles. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Ray, Spencer, Woode]_1, Grimsley, Hampton, Hightower, Horton and Jacksor.~. No: None. Alderman Woodell eleb~~rated on preparation of new speci- fications for hospital insurancE~ bids. Alderman Grimsley announced copy of Utility Commission Minutes had been distributed tc- the Aldermen. Alderman Woodell brought to the Council's attention the heating problems in the classrooms at the West Memphis Education Center. The following appointmE:nts Were made by Mayor Ferguson: G.W. McAuley was reaf-pointed to the Planning Com- mission. Upon voice vote, the appointment was approved as follows: Aye: Aldermen: Morris, Ray, Spencer, Woodell, Gr imsley, Hampton, Hightower, Horton and Jackson. No: None,:. W. R. "Bill" Dabbs wa,s appointed to the Port Authority. Upon voice vote, the appointmE~nt was approved as follows: Aye: Aldermen: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jacksor.~. No: None. The Mayor made the following announcements: April 1, 1978 designated as Litter-Clean Up Day in cooperation with City Beautiful Commission. April E~, 1978 Student City Government Day; May 18-19, 1978 Municipal Le~~,gue in Little Rock -City Council Day; March 30, 1978 - 7:30 RepresE~ntative Bill Alexander will be at Council Chamber; March 24, :L 978, John Gammon Foundation Wild Game Dinner. Mr. Leo Chitman, mer~iber of the Civil Service Commission, spoke to Council on the Council. and the Commission working to- gether. Alderman Woodell requested the achievement of the Boy's Club Senior Basketball Team be recognized. Thereupon, Alder- man Morris, seconded by Alderman Woodell, moved that a resolution be prepared to presE~nt to the Director of the Boys' Club in recognition of winning Senio~~ State Championship All Stars. Voice vote on the motion was as follows: Aye: Aldermen: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. Alderman Woodell requested letter be sent commending the basketball team for honors won in Little Rock. Alderman Hampton brought to the Council's attention complaints as to parking at Southwestern Be11 Telephone Office on Missouri. Mayor Ferguson advised she would contact officials of Telephone Company. Alderman Horton requested the Mayor write the Company requesting the depository be moved to the back of the building. Alderman Ray inquired as to stop signs being taken down and reversed. Alderman Jackson inquired as to a sign complaint by the Manager of Pancho's and was advised the City has authority as to signs. Alderman Spencer spoke on the false alarm ordinance, and City Attorney Smith advised the City will use discretion and caution in the matter. t No further business being presented, Alderman Grimsley, seconded by Alderman Horton moved to adjourn. Upon voice vote, the voting was as follows: Aye: Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton and Jackson. No: None. niayo~~ ATTEST: _~ _ , City Clerk (date approved by council)