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May 4, 1978i~~~ MINUTES WEST MEMPHIS CITY COUNCIL MAY 4, 1978 The City Council of the City of West Memphis, Arkansas, met in regular session in the Council Chamber of City Hall at 1:30 P.M., on May 4, 1978. The following were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray C. D. Shelton Rev. R. E. Belcher offered prayer. Mayor Ferguson recognized the West Memphis High School Blue Devil Band members and their Director, Mr. Phil Burns. The Band received the "Sweep Stakes Award" and national recognition at Six Flags Over Texas Open Band Festival at Dallas, Texas. A Proclamation was presented to Band members Bill Morris and Alex Dunlap proclaiming May 4, 1978 as West Memphis Blue Devil Band Appreciation Day, a Distinguished Service Award was presented to Band Director Phil Burns. The following Citizens presented requests: Rev. Miter, 800 Thompson, representing citizens of the area, requested junk be removed from the ground, grass cut, and the property owned by Mr. Billy Johnson not be a major eyesore. The Council discussed matters pertaining to a written complaint filed by Rev. Miter with the Building Inspector, letter sent to Mr. Billy J©hnson, ordinance requirements, actions of the Council Committee, rezoning, changing of the Comprehensive Plan, and a meeting to be held at Bethel AME Church Tuesday, May 9th at 7:00 P.M. Mr. H. J. Woodworth, Civil Service Commission Secretary, read the following letter: ~~ ~~ S\ ~~C ~ ,~ ~~N A NSP, CITY OF WI ~S7' MEMPtIIc~ CIVIL ~ERVIC~: COMMIS~IC.~N `?05 South Redding - 1'~'est Memphis. ~~rk4~nsas 72301 - (~01) 73~i-2720 May 3, 1_x%8 The Honorable Joyce T. Ferguson The City Council of West Memphis 205 South Redding West Memphis, Arkansas 72301 Dear Mayor Ferguson and City Council: Two weeks ago, 3 received a letter from this Governoring Body requesting that I resign, as my public comments had caused embarrassment to this City Council. Just three months ago, two of you councilmen contacted Mr. Billy Hicks requesting that he resign. No reason, other than he is a former police officer. Less treat one year ago, this same Body, requested that Mr. Leo Chitman resign, as h~_s public co~-~ments had caused embarrassment to the City Cour_cil. To regress just a bit more, this City Council has appointed a total of eight good solid citizens as members of the Civil Service Com- mission, and if you will recal]_, three resigned at once, f_or various reasons. To be more specific, the person, who is elected by the members of the Civil. Service Corcunission as the Secretary, has been under con- stant criticism from the City Council far many reasons, but primar- ily the Secretary, by Law, is the spokesperson for the Civil Service Commission, thus, any comments I have made, have been for the group, as the spokesperson. When I first was called and advised your letter was on the way, I said to myself, they can have it. However, after discussing the matter with my fellow commissioners, some of you on the City Council and more important, after the notice appeared in the newspaper, I have changed my mind. 'Art F~c~tur,l !)E7pr,rfuntt~~ f:~n2plu}~c~r Page 2 First, on Tuesday night, May 2nd, (this is the day it appeared in the paper}, I received 35 telephone calls from city employees, business people in the city and Gvell wishers, saying hang in there. On May 3rd I had abut the same number. Secondly, two Aldermen I talked with (I won': mention their names), have stated that they went along with the vote for political reasons. Another said that since you are a former police officer. Thirdly, we have been without a fifth member on the Civil Service Commission for five months. Two members of the Civil Service Commission have furnished name or names of citizens who would be willing to serve on the Civil Service Commission, but no action has been taken. By word of mouth, a comment was received knack to this Secretary, that they had no intention of appointing a re- placement to the Civil Service Commission. Last, but by no~means least, word has reached me by .r_ound about means, that should I resign, no replacement appointment will be forth coming. Thus, y make the following suggestions, anyone of which solve the problem. `~~ S~oJ bc~ One, have our City Attorney investigate State Statue Number 19-1601.1 for a Civil Service Commission for all first class cities with a Civil Service Commission for_ uniform and non uniform employees, or Two, have our City Attorney investigate State Statue number 19-1419, which allows for a Civil Service Commission for non uniform em- ,~ ployees for cities with a population of 20,000 to 75,000. This Body can create a new Civil Service Commission under either State Statue and by doing so, can eliminate two problems. The first problem is the Law Suit filed by city policemen, and the second problem, would be to totally do away with this Civil Service Commission and start afresh with a new Civil Service Com- mission and Civil Service Cor~unissi_oners. Third, appoint a fifth member to the Civil Service Commission from Ward One, and I shall reconsider your request that--I resign-however at this time I do not f eel free to tender my'~r,es ignation . ~~, .\ _-, ~ ~ ,\ ----: _ .. ._ .. ___ __ Res ~ c-t~ul.l-Y~ ._.- ~- H. J./Woodworth, Secretary -~ ~ Mr. R. J. Barbour, 990 West Walnut, West Memphis, presented suggestions as to mosquito control, converting to smaller cars by the Police Department to reduce expense, and requested consideration be given the amount charged by the City for making copies of documents. After consideration of~ the matter, Mayor Ferguson advised an administrative decison will be made as to charges for copies of documents. Alderman Hampton brought to the Council's attention handwritten addition to Resolution No. 629 should be typed, and his suggestion-: for better supervision of weed control spraying under bid accepted on April 20th be noted. Mayor Ferguson requested Mrs. Louise Wheeler, Public Works Director, submit report to the Council on inspections during and after the weed control spraying. Thereupon, motion was made by Alderman Grimsley, seconded by Alderman Shelton that the minutes of April 20, 1978 as included in the packet be approved. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, .Morris, Ray and Shelton. No: None Mayor Ferguson requested everyone stand in silent prayer due to the untimely death of former Alderman Willie Lee Harris and resolution be sent to Mr. Harris's family. The silent prayer was ended by Alderman Jackson. Motion was made by Alderman, seconded by Alderman Jackson that a resolution be sent to the family of Mr~. Willie Lee Harris. The voice vote was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray and Shelton No: None. Motion was made by Alderman Shelton, seconded by Alderman Jackson, that a committee be appointed to select a permanent memorial for former Alderman Harris. The voice vote was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray and Shelton. No: None. Mayor Ferguson appointed the following committee: Alderman Jackson, Chairman, Alderman Grimsley, Alderman., Hampton, and Alderman Spencer. e ~, '. v~ Mayor Ferguson, Aldermen Hampton, Jackson, Hightower, Grimsley, Horton, and Morris commented on the interest -and service to the City and community by Mr. Willie Lee Harris. The next order of business was the third reading of an ordinance to amend Ordinance No. 715, and the Mayor requested motion to waive the rules for the matter be placed on the Agenda. Alderman Jackson seconded by Alderman Horton, moved that the rules be waived and the matter be placed on the Agenda. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, and Shelton No: None. The ordinance was read the third time by the City Attorney. Alderman Ray, 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: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton Jackson, Morris, Ray and Shelton. 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. 930, and read as follows: 0RDT~tif,1`CE iJCa . .~ ORDI?~IAI~~Gt, 'TO ~,~-ik,NDLO~~ It1C ORDIi:1Ar~CE I~~0 . 715 BE IT 0~2DAINED BY T~~.E CI'T'Y COUNCIL OF THF. CITY OF WEST i~fEMPHIS, ARKANSAS: ` SECTI0~1 I . Section 12:11 of Ordinance ~'do . 715 , dated March 1.6, 172, is amended to read as follows: "It shall be unlawful to commence the construction or the excavation for the construction of any building or structure, inc~.uding accessory building, or to commence the moving or alteration of any building, including accessory building caithin the territorial jurisdicta..on of this Code until the Building Inspector rias issued a building permit for such work. The Building Inspector shall nat issue a permit until he has ascertained that such construction is in full compliance ~~~i_th all the provisions of th.e. Zoning Ordinance and all other applicable ordinances of the City of West Memphis, including, but not limited to the Building Code and Subdivision Code. With respect to any area within the jurisdiction of this Code but outside the City Limits of West I~"emphis, the granting or denial of a building permit shall be based on the terms of the Zoning Ordina.r~ce and Subdivision Code, and not on the Building Code of the City except for fees and expiration date. Except upon written authorization of the Board of Adjustment as provided in Section 11 and subsection 12.4 no such building permit sha11 be issued for any building where said construction, moving, alteration, or use thereof would be in violation of any provisions of the amity codes." SECTI0~1 II. Subparagraph Three (3) of Section 12.12 of Ordinance No. 715, dated March 16, 1972, is amended to read as fnl ~ n*ac "(3} Where the zoning lot consists entirely of one (1) unplatted parcel containing five (5) acres or more, the zoning lot shall. be shown by a survey made by a person authorized to make land surveys in the State of Ar~:ansa.s ." 1. 3 SECTION 111. Section 12.12 of Ordinance No. 715, dated March 16, 1972, is further amended by adding subparagraph Four (4) to read as follo~•~s ; (4~ tiJher.e the. zoning lot consists Qf a portion of one (1) or more unplatted parcels and contains less than five (5) acres, the zoning lot shall be shown as a single entire lot in a now recorded plat that has been submitted and approved by the Planning Commission of the City o~ ~Iest Memphis, Arlransas, or approved by a designated agent of the Planning Commission. Said designated agent shall be an administrative officer of the City which by appointment the Planning Commission empowers to avprove by endorserient, on behalf of the Planning Commission, such single lot plats from unplatted parcels that meet all of the applicable requirements in the Zoning and Subdivision Cades, Plat A requirements including required information, information to be shwon on the Plat, referral and reporting to the Planning Con~nission shall be the sane as that set forth for Lot-Split Plats in the Subdivision Codes. PASSED AND APPROVED this I .L ,~ day of 197. ~~ MAYOR. APPROVED: _, ,- CITY CLEP~K i An ordinance entitled "An Ordinance To Amend Section 2 Of Ordinance No. 428, Passed And Approved, December 6, 1962; And Section 2 Of Ordinance No. 429, Passed And Approved December 6, 1962" was read the first time by City Attorney Smith. Alderman Grimsley, seconded by Alderman Morris, moved that the first reading of the Ordinance by approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None. Alderman Shelton was absent during the vote. An ordinance entitled "An Ordinance To Amend Section 2 Of Ordinance No. 864, Stipulating Mandatory Retirement At Age Of Seventy (70) Years For City Employees Of The City Of West Memphis, Arkansas" was read the first time by City Attorney Smith. Alderman Hampton, seconded by Alderman Woodell, moved that the first reading of the ordinance be approved. After discussion of the ordinance, the question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, No: None. Alderman Shelton was absent during the vote. An Ordinance entitled "An Ordinance To Amend Ordinance No. 928, To Control False Police Alarms And Unlawful Interference With Police Alarm Apparatus Of The City of West Memphis, Arkansas" was presented and Alderman Morris, seconded by Alderman Grimsley, moved that the ordinance be passed with-the emergency clause. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray. No: None Absent: Alderman Shelton After consideration of Ordinance No. 928 and the Amendment, mal- functioning equipment, and discus>ions of Chief Keen and Police Com- mission, City Attorney Smith read the ordinance in full. -7 Alderman Ray, seconded by Alde.rrnan Hampton, 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: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray. No: None. Absent: Alderman Shelton Thereupon the Ma~ZOr 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. Alder- man Horton, seconded by_fllderman Morris then moved that the rule re- quiring the reading of an ordinance in full on three different days be further suspended and the 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: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray. No: None Absent: Alderman Shelton 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 Grimsley, seconded by Alderman Spencer, 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: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, and Ray. No: None Absent: Alderman Shelton and Alderman Hampton. Alderman Ray, seconded by Alderman Horton, moved that Section 4, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, and Ray. No: None Alderman Shelton and Alderman Hampton were absent. 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. 931, and read as follows: ~, ._ (. ;~° .~ ORDINANCE NO. AN ORDINANCF. TO AMEND SECTION II OF ORDINANCE NO. 928, DATED MARCH 16, 1978, TO CONTROL FALSE POLICE ALA~1S AND UNLAGJFTJL INTERFEP,Ei~?CE WTTH POLICE ALARM APPAP.,ATUS OF THE CITY OF ~1LST r1EMPHIS , ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEr-ZPHIS , ARKANSAS ; SECTION I. Section II of Ordinance No. 928, dated March 16, 1978, is amended to read as follows: "It is unlawful for any person, firm, corporation, association or partnership to report and/or give a false alarm to the Police Department of the City of West rlemphis , Arkansas . " SECTIOTJ II. Emer envy Clause. It having been found and determined by the City Council of the City of West 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 Manpower, an emergency is hereby declared to exist, and this Ordinance being necessary for tre preservation of the public peace, health, safety and welfare of the citizens of the City of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. ., PASSED AND APPROVED this ' '~ x ;day o f !`r k ~ ~' ~ `~' , 1978. \ ~~ MAYOR ATTEST ;. ~~s ~.~ --- ~. .• ~ ~,~ _ CITY CLERK i ~.. EXPUNGED Motion was made by Alderman Ray, seconded by Alderman Grimsley for a five minute recess. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, and Ray. No: None Aldermen Hampton and Shelton were absent. Mayor Ferguson called the meeting to order. An ordinance entitled "An Ordinance To Rezone Lot 1, Except The South 300 Feet Of The West 625 Feet, And All Of Lot 2 Of the Walker Estate Subdivision In The City Of West Memphis, Arkansas" was read by the City Attorney. Alderman Ray, seconded by Alderman Hampton, moved that ordinance be adopted on first reading. Commission, prior zoning classification the noise level, recommendation of Planning and Ordinance requirements were discussed with Mr. Ralph Sloan, Attorney representing the property owner. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Grimsley, Hampton, Hightower, and Ray. No: Alderman Horton Aldermen Woodell, Jackson, and Morris abstained Alderman Shelton absent. Motion failed. Upon inquiry as to a majority vote, City Attorney Smith ruled +~ ,. that a majority of members elected to the Council is required rather than majority of members present voting. During further discussion as to misunderstanding and additional information to be obtained from Building Inspector Avery, who is in hospital, City Attorney Smith ruled until the minutes are approved the vote can be reconsidered. Thereupon, Mayor Ferguson announced the vote would be reconsidered, and Aldermen Jackson and Morris, who had abstained voted "Aye" . The voting being seven "Ayes" , One "No" , and One Abstention, and One absent. Mayor Ferguson announced the ordinance passed on the first reading. D (City Attorney Smith read an ordinance entitled "An Ordinance To Rezone Lots 1, 2, 3, 4, 5 and 6 in Block 7 of The M. L. Thompson's Third Addition To The City of West Memphis" Alderman Jackson, seconded by Alderman Hampton, moved that the first reading of the Ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower.) EXPUNGED Prior to voting Alderman Horton brought to the Council's attention urgent matters requiring the emergency clause, and moved, seconded by Alderman Grimsley that expunge the record. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris and Ray. No: None. Absent: Alderman Shelton City Attorney Smith read an ordinance entitled "An Ordinance To Rezone Lots 1, 2, 3, 4, 5, and 6 in Block 7 of the M. L.Thompson's Third Addition To The City Of West Memphis", the ordinance contained the emergency clause. Alderman Hampton, seconded by Alderman Morris, 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: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton Jackson, Morris, and Ray. No: None. Absent: Alderman Shelton 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 Grimsley, then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton Jackson, Morris, and Ray. No: None. ti Absent: Alderman Shelton 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 carr red and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Horton, seconded by Alderman Jackson 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: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None Absent: Alderman Shelton Alderman Ray, seconded by Alderman Jackson, moved that the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None Absent: Alderman Shelton. The Mayor thereupon declared the ordinance and the emergency clause adopted and s~,gned the ordinance, which was attested by the City and impressed with the seal of the City. The Ordinance was given No. 932 and read as follows: ,,,, .. OFtDIiJP.r3CE Iv0 . r~_ 1,.1 _~ AN ORDINAI3CE TO REZONE LOTS 1 , 2 , 3 , 4 , 5 AI1D 6 IN BLOCK 7 OF THE ~'~I. L . THOMPSON' S THIRD ADDITION TO THE CITY OF . WEST r'iETsPIiI S , ARKANSAS , AND DECLARE EMERGENCY ~~iiEREAS, application was made to the City Planning Commission to rezone the hereinafter described propert~~~ 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 recoi7u~ended that said application be granted: NOt~T THEREFORE , BE IT OP,DAINED BY THE CITY COUNCIL OF THE CITY OF WEST 1'~~Er'IPHIS , ARKANSAS SECTION I: That the following described property, to wit: Lots 1, 2, 3, 4, 5 and 6 in Block 7 of the M. L. Thompson's Third Addition to the City of V~'est P~emphis, Arkansas, be and the same is hereby rezoned B-2 General Business District. SECTION II: EI`~ERGENCY CLAUSE. It is found and • declared by the City Council of the City of t•dest Memphis, Arkansas that there is an urgent need for the relocation of the Sheltered G~7orkshop before July 1, 1978 and such rezoning is necessary for such purpose and for the preservation of the public peace, health and welfare of the City of taest Memphis, Arkansas and the inhabitants thereof, and an emergency is hereby found and declared to exist and this ordinance shall be i.n full force and effect from and after its passage and approval. SECTION III. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED this 4th day of L~Say, 1978. ~~ P7AYOR (~ ATTEST: ~~. _.. :. -~ '~~ ~ ~ ~, . - { ~- .~ .~f .,r. _„_... ~, . ~ . ,, . f .. ~` r ~'_s ~ ~ d r~. ~~~`"" ~ City ~l e r k Mayor Ferguson informed the Council a plat of Lackey Sub- division had been presented for consideration, but was not on the Agenda. Alderman Woodell, seconded by Alderman Spencer, moved that the rule be waived, and the Lackey Plat be considered. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, and Morris. No: None Absent: Alderman Shelton The Plat consisting of 2.01 acres of a tract of land lying NE 4, Section 7, T-6-N, R-9-E, Crittenden County was presented by Mr. Steve Lackey who sated the area was east of N. 7th Street at Barton and mini-storage warehouses are to be constructed. After discussion, motion was made by Alderman Horton, seconded by Alderman Woodell, to table the matter for further study. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, and Morris. No: None Alderman Ray abstained from voting. Alderman Shelton, absent. Mr. Lackey was advised the Council will meet at 1:30 P.M. on May 11th, and the developer should also be present to discuss the matter. Permission to advertise for bids for seven police cars was requested. Alderman Horton, seconded by Alderman Morris, moved that permission be granted to advertise for bids for seven police cars. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, and Ray. No: Alderman: Hampton Absent: Alderman Shelton Permission to waive permit fee was requested. Alderman Hampton, seconded by Alderman Jackson, moved that permit fee be waived for Church of God in Christ, 119 So. 15th Street for a tent revival. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton Jackson, Morris and Ray. No: None Absent: Alderman Shelton '. ~ Permission to lease off ice space and storage space at the West Memphis Education Center to American Cablevision was considered. Alderman Grimsley, seconded by Alderman Hampton moved that grant lease. JoryNSmith explained the lease is being prepared by Joe Rogers, Attorney for the Company. After discussion of length of lease, payments, repairs, office to be designated and if black- top damaged to be repaired the voice vote was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton,, Hightower, Horton, Jackson, and Ray. No: None Aldermen Morris and Shelton were absent. Alderman Grimsley, seconded by Alderman Hampton, moved that the Mayor be given prerogative to sign the lease attested by the City Clerk. Upon vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jakcson, and Racy. No: None Aldermen Morris and Shelton were absent from Council Chamber. Alderman Horton, seconded by Alderman Grimsley, moved that lease property for cable T V Tower for same term as length of franchise of American Cablevision. The matter was held in abeyance for discussion with P. G. Para of the Utility Department. The following committee reports were presented: Mosquito Control Committee: Alderman Grimsley reported the Committee recommended that accept the bid of Neal Dickey Spray Service in amount of $16,800.00 and moved that award bid to Neal Dickey Spray Service, the motion was seconded by Alderman Horton. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, and Ray. No: None. Alderman Morris and Shelton were abs~.nt. Alderman Woodell, seconded by Alderman Grimsley, moved that a committee be appointed to investigate mosquito control suggested by Mr. R. J. Barbour. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, and Ray. No: None Alderman Morris and Alderman Shelton were absent. 9 Mayor Ferguson appointed committee of Alderman Woodell., Chairman, Alderman Hampton, and City Attorney Smith. Police Commission - Alderman Horton request that City Beautiful Commission be notified a sign is to be placed in front of the O.I. Bollinger Building designating the Police Department, and suggestions from the Commission as to location of the sign be made. Mayor Ferguson commented on the reason the ordinance prohibiting signs on utility poles was adopted was due to possible injuries to the utility employees climbing the poles. Budget Committee Report- Alderman Jackson recommendation that seven police cars be advertised for and purchased, thereupon, Alderman Jackson, seconded by Alderman Horton, moved that the recommendation be adopted. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, ~.nd Ray. No: None Absent: Alderman Shelton and Alderman Morris Recommendation to create a position for Senior mechanic in the Fleet Maintenance Department was presented by Alderman Jackson, who moved the recommendation be accepted, the motion was seconded by Alderman Ray. After discussion, the voice dote was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Ray No: None Absent: Alderman Shelton and Alderman Morris Alderman Hampton commented on letter in packet from a Police officer who had resigned. Shop Committee - Alderman Hampton construction proceeding as whether permits, and pTCtures are being taken of stages of construction. Higher Education Steering Committee - Alderman Woodell reported the Governor had been requested to have the University of Arkansas make an unbiased study before recommendations made. Alderman Ray requested the Police Commission make a survev of towns around West Memphis in the same population category as to starting salary of policemen and report to the Budget Committee. Street Committee -Alderman Horton. 1. Committee recommended write the Postmaster of West Memphis and request they cut. ':a driveway from N. 6th Street to N. 7th Street, relocate drop boxes so traffic may enter and exit off N. 6th Street and the Post Office a]~low enough right-of-way to make a right turn lane at Cooper and N. 7th Street. 2. Request the M t i ayor o wr te a letter to Union 76 about the traffic problem at their place of business, and ask them to erect some type of sign for the truckers to yield to traffic on N. 7th Street and the sign to be on their property, not City property. 3. Committee discussed radius at Jackson and S. Avalon and due to an AP ~ L pole being in the way impossible to increase the radius, and request AP ~ L be contacted to check the possibility of having the pole moved. After discussion of the recommendations and narking problems at the Post Office, Alderman Horton, seconded by Alderman Grimsley, moved that the three recommendations be approved and copy of 1 letter to Billy Hundhausen, Postmaster, be sent to Mr. Winston Guthrie of the Regional Post Office Department. 4. The Street Committee discussed condition of streets, and only patching and sealing will be done due to no funds available. Construction of sidewalks on Cooper Street and efforts to obtain permission from property owners was discussed. Mayor. Ferguson announced P. G. Para was not available for discussion on location of the Cable TV Tower. Thereupon, motion was made by Alderman Grimsley, seconded by Alderman Hampton that the matter be tabled for one week. Upon voice vote the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson and Ray. No: None Absent: Aldermen: Shelton and Morris. Jaryn Smith was requested to place flags at the proposed site for tower. Mayor Ferguson appointed Richard Braskett, Manager of Holiday Inn to fill vacany on the Advertising and Promotion Committee. The appointment was approved by voice vote as follows: ~;. A e: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower y Horton, Jackson, and Ray. No: None Absent Aldermen: Shelton and Morris Also, appointed Dick Rains to the Plumbing Examiners Board due to resignation of Lynn Sumpter. After consideration, the roll call vote on approval of the appointment was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson and Ray. No: None Absent Aldermen Shelton and Morris. The following announcements were made by the Mayor: K Mart Store was opened at 8:15 A.M. on May 4th. The Cotton Carnival Goodwill Tour will be in West Memphis at 8:15 A.M. Monday, May 8th. The Mayor has been invited to conduct a three day workshop on energy in Denver, Colorado, and will leave on May 7th. Alderman Shelton appeared. Alderman Horton commented on the well qualified trained rescue unit of the Fire Department as observed at a serious accident, April 29th. City Attorney Smith inquired as action to be taken on letter from Ms. June C. Simmons included in the packet. Alderman Grimsley seconded by Alderman Shelton, moved that turn matter over to the Srnal~ Claims Committee. Upon voice vote the voting was as follows: Aye: Aldermen: Spencer, Shelton, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson and Ray. No: None Alderman Morris absent. Alderman Ray requested the Small Claims Committee present their recommendations as to the letter from Ms. Simmons to the Budget Committee. Alderman Jackson announced the Keys of Sunshine Organization will have an International Luncheon at the Eugene Woods Civic Center on May 7th, 4 until 6 P.M., and invited all to attend - donation $2.00. Alderman Jackson gave a short summary of retreat held at Winrock Farms on April 29th and 30th, and full report will be given later. ~, Alderman Grimsley seconded by Alderman Horton, moved to recess the meeting until 1:30 P.M. Thursday, May 11, 1978. Upon voice vote, the voting was as follows: Aye: Aldermen: Spencer, Shelton, Woodell, Grimsley, Hampton Hightower, Horton, Jackson, and Ray. ~ No: None. Alderman Morris absent.