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)