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June 1, 1978MINUTES WEST MEMPHIS CITY COUNCIL JUNE 1, 1978 The regular meeting of the West Memphis City Council was held on June 1, 1978, at 1:30 P.M. in West Memphis, Arkansas, at City Hall in the Council Chamber. The following persons were present 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 Don Grimsley Rev. Henry Williamson, Pastor Westminster Presbyterian Church, offered prayer . Mayor Ferguson presented a resolution to Mrs. Harris, the widow of Willie Lee Harris, former Alderman, which reads as follows: WHEREAS, the Citizens of West Memphis, Arkansas was shocked by the sudden death of Willie Lee Harris, WHEREAS, Willie Lee Harris served honorable and with distinction for a number of years as Alderman of the City of West Memphis , Arkansas, and WHEREAS, the Mayor- and City Council of the City of West Memphis, Arkansas greatly appreciate his contributions made to the City of West Memphis, Arkansas by Willie Lee Harris while he was an Alderman, and WHEREAS, the many contributions made to the City of West Memphis, Arkansas by Willie Lee Harris will stand as a memorial to his six (6) years of service . THEREFORE BE IT RESOLVED THAT THE MAYOR, AND THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS wish to express their sympathy to Mrs. Willie Lee Harris and her family in their bereavement and will commemorate the contributions made by Willie Lee Harris to the City of West Memphis, Arkansas while serving as Alderman. The following citizens made requests: Mrs. Shirley Higgins, 605 South 11th Street, Member of~ the Gracious Ladies Society., parent and concerned citizen, directed her request to the Council concerning the lack of facilities at the ball park on the east end of the City and stated that she felt no consideration had been given in scheduling games at the Tilden Rogers Park for her groups. During this Citizen request, Alderman Spencer said that there must have been some misunderstanding o:r lack of commun%~cation between the Parks Director and Mrs. Higgins.- Alderman Jackson, Alderman Hightower, and Mayor Ferguson said that they would do all within their power to see that the Park situation is corrected, so that everyone would be given a fair ch<~nce to play at either park in the City. Rev. Ron Mizer, 800 Thompson, Pastor Bethel A.M.E. Church, representing citizens of that area, asked why something had not been done concerning the property owned by Mr. Billy Johnson? He requested that the Council have the City Inspector issue a citation in reference to ordinance. requirements. The Mayor's answered by saying the problem is under advisement and something will be done. Ms. Loretta Williams, 500 South 19th Street, directed que~t- ions to the Council and Mayor concerning the Park Commission's budget for each park in the City. The Mayor's solution to her an- swers was to come to the Park Commission meeting and inquiry about their budget matters. Mr. Robert Shaw, 519 North 28th Street, directed his inquiries to the Council concerning the WalkE~r Estate Subdivision and made a request to the Council to leave the zoning as is. The second reading of an Ordinance "To establish a procedu for the police department to sell confiscated goods and deposit said funds in the policemen':s pension and retirement fund of the City of West Memphis, Arkansas," with a section 6 added was read by the City Attorney. It reads as follows: "A quarterly report of the net: proceeds be made to the City Council of the City of West Memphis after the sale of the con- fiscated goods . " Upon discussion of the ordinance a motion was made by Alder- man Jackson and seconded by Alderman Hampton to adopt the ordinance t i P ~i with section 6 added. Upon roll call vote the voting was as follows Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray Shelton, Spencer and Grimsley No: None The Ordinance passed on the second reading. An ordinance entitled "An ordinance for the adoption by reference of "The Southern Standard Housing Code, 1976" Edition, for the City of West Memphis, Arkansas, and for other purposes" was read for the third time by City Attorney Smith. A motion was made for the third reading of the ordinance by Alderman Horton and seconded by Alderman Ray. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton,Jackson, Morris, Ray Shelton, Spencer, and Grimsley. No: None - The ordinance passed on the third reading. The Mayor thereupon adopted and signed the ordinance which was attested by the City-Clerk and impressed with the seal of the City. The ordinance was given Ordinance No. 933 which read as follows. ~: ~r a: ORDINANCE X10 . ~ -.' ' `" AN ORDINANCI FOt? TI;E AnOPTION EY REF; RENCE OF TI-tE "SOUTI-iER~1 STAi1DARD HOUSING CODE , 19 7 6 EDIT ION' ` , FOR THI? CITY Off' WEST MEM~.'HIS , AR~:ANSAS , ,4NI? F0~?. OTHER PURPOSES. BE IT HEREBY ORDAII~dED BY THE CITY COLj~TCIL OF THE CITY OF TiJEST ~MPHIS , ARKANSAS : Section 1. Section 1 of Ordinance rdo. 796 dated February 21, 1974, is hereby amended to read as follows: "There is hereby adopted by the City Council of the City of West Memphis, Arkansas, pursuant to Arkansas Statute .~3 1Q-2421, which allows adoption o.f 'Iechnica.l Codes by reference, the "Southern Standard Dousing Code, 1c76 Edition, and 1977 Pevisions and 1978 Revisions", far the Cryty of West Memphis, Arkansas, of which not less than tizree (3) copies small ?~e filed in the off ice of the C1erI;, of t~~e City of ~~]est i~empZis , Arkansas, and same are adopted and incorporated as fully as i.f set out at length herein and from the date on cai:ich this Ordinance shall take effect, the provisions thereof shall be controlling within the City Limits of the City of West Memphis, Arkansas." Section 2. It shall be the duty of_ the Building Inspector of the City of West rlemphis, Arkansas, to see that t~~is Code is enforced. Section 3. All ordinances or parts of ordinances in conflict with this Ordinance are repealed. Section 4. Any person, firm, association, or corporation caho shall violate any of the provisions of this Code or fail to comply substantially therewith, or wino shall violate ar fail to comply substantially with any order or reulation r_made thereunder, or. who shall build in violation. of any detailed statement or specification or plans su'~mitted and appioved thereunder, or any certificate or uermit issued thereunder, 1. shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Twenty=five and No/100ths I?ollars ($25.00) for any one specified offense or violation of this Code, or double that amount for each repetition of such offense or violation. If a thing prohibited or rendered unlawful is in its nature continuous ir~ respect to time, the fine or penalty for allowing the continuance thereof, in violation of this Code shall not exceed Fifteen and No/100ths Dollars ($15.00) for each day that t~~e same may be unlawfully continued. PASSED AT~~ID APPROVED this ~ day of t ~~` ~~'' ~"A , 197. MAYOR ATTEST: ~ / ~ ~~ ~ '~ _, -, CITY CLERK ~ '` 2. 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 for the third time by City Attorney Smith. Alderman Ray made the motion and it was seconded by Alderman Shelton to adopt the ordinance. Upon voice vote, the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris Ray, Shelton, Spencer, and Grimsley. No: None The Mayor thereupon 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. 934, and reads as follows: ~`t ~.. t,,. ,l ,, , f .~ ORDINANCE N0 . ! ~ + ,! AN ORDINANCE TO AMEi`1D SECTION 2 OF ORDINANCE N0. 428, PASS:~D AND APPPOVED, DECEMBER 6, 1962; AND, SECTION 2 OF ORDINANCE N0. 429, PASSED AND APPRO«D, DECEMBER 6, 1962. BE IT ORDAINED BY THL CITY COUNCIL OF THE CITY OF WEST MEi~PHIS, ARKANSAS: SECTION 1. That portion of Section 2 of Ordinance No. 42u, passed and approved, December 6, 1962; and, that portion of Section 2 of Ordinance No. 429, passed and approved December 6, 1962, which reads: -- "Examinations shall be held by the Board in the City Hall of West Memphis, Arkansas, in the months of January, April, June and October, if there be any applicant desirous of taking such examination", -- shall be amended to read as follows: -- "Examinations shall be held by the Board in the City Hall of West Memphis, Arkansas, in the months of January, April, July and October, provided the applicants have their f_ee posted with the City Clerk before the fifth (5th} day of ti~1e month the examination is given." SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this ~~ day of 1978. £. ~ ~ .~-~- MAYOR ATTEST: ~ ~~` .~" ~ ; l',,%: CITY CLERK ''~ 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 for the third time by City Attorney Smith. Alderman Hampton made the motion and it was seconded by Alderman Horton to adopt the ordinance. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, Spencer, and Grimsley. No: None The Mayor thereupon adopted and signed the ordinance which was attested by the City Clerk and. impressed with the seal of the City. The ordinance was given Ordinance No. 935, and read as follows: ORDINANCE N0. /` - ~ ~~~' AN ORDINANCE TO AMEND SECTION 2 OF ORDINANCE N0. 864, STIPULATING MANDATORY RETIREMENT AT AGE OF SEVEI~ITY ( 7 0 ) YEA~;S FOR CITY EMPLOYEES OF THE CITY OF WEST MEMPHIS, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 2 of Ordinance No. 864, dated August 5, 1976, is amended to read as follows: "All City Employees of the City of West Memphis, Arkansas, upon reaching the age of seventy (70) years will be mandatorily retired at the end of the month after their anniversary date. 1978. PASSED AND APPROVED this day of ..:~~ ~ ~~ / ~. ..__- MAYOR ATTEST: ~--~ ~„~ ,_-~._ ', ~~~ r~ CITY CLERK ~ L An ordinance entitled "An ordinance to rezone Lot 1, except the south 3 0 0 feet of the West 6 2 5 feet , and all of lot 2 of the walker estate subdivision in the City of West Memphis, Arkansas", Alderman Ray moved that the third reading of this ordinance be sus- pended indefinitely. Upson discussion by the council and citizens of West Memphis, Mr. Richard Shaw, Rev. Ronald Mizer, and Mr. Billy West concern for prior zoning cla~;sifications, noise level and land value were discussed with the City Building Inspector, Mr. Calvin Avery. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower and Ray No: Aldermen: Hampton, Horton, Jackson, Morris, Shelton, Spencer. The motion to suspend the ordinance indefinitely was rejected. The Mayor asked the City Attorney to read the 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", for the third time. A motion was made by Alderman Shelton and seconded by Alderman Morris to adopt the ordinance. Upon roll call vote, the voting was as follows: Aye: Alderman: Hampton No: Aldermen: Hightower, Horton, Jackson, Morris, Shelton, Spencer, and Grimsley. Abstained: Alderman Ray The ordinance did not pass on the third reading. r,, Alderman Shelton asked for a legal ruling from the City At ney a+~?4 concerning the voting on this ordinance again. According to the City Attorney, Robert Smith, anyone of the seven (7) people that voted no, before the minutes are approved can ask for reconsideration and the reconsideration has to be voted upon before this matter can come before the council again and in the same voting order. The next order of business to come before the council was a resolution from the Street Committee read by the City Attorney. Upon a motion by Alderman Horton and seconded by Alderman Jackson to adopt the resolution. Upon discussion on the resolution and roll call vote the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray, Spencer and Grimsley. No: None Alderman Shelton was absent from the voting. The Resolution passed and was given Reso~.uton No. 634, which reads as follows: / ~ ~~ f' RESOLUTION N0. ~~` ~~ ~ ~ WHEREAS, the West Memphis City Council strives to promote traffic s of ety in our C ity ; and , WHEREAS, heavy traffic on Broadway Street has caused the Cit Council to seek further procedures to alleviate this heavy Y traffic problem; and, WHEREAS, the City Council requests the Arkansas Highway Department. to assist us in this matter; and, WHEREAS, it has been determined that the following procedures will hel in controlling and in prevention of accidents within the P City of West Memphis, Arkansas; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT THEY RECOMMEND THE FOLLOWING BE ACCEPTED BY THE ARKANSAS HIGHWAY DEPARTMENT: 1. Resurface Broadway Street (U S Highway 70) from Pearce Street to Fourteenth (14th) Street; 2 . Establish left-hand turn lanes o~t~ Broadway Street (U S Highway 70) from Pearce Street to Fourteenth (14th) Street; 3. Establish forty-five degree (45°) angle parking where Street from Pearce Street- to Fourteenth (14th) advisable on Broadway Street. .~*-'f ~ ~~- I ~, PASSED AND APPROVED this day of ~' ~ 1978. MAYOR ATTEST: w/ + l ' / .. ,/~ c~TY ; cLExx An Ordinance entitled "An ordinance for the Adoption by Refer- ence of a New and Revised Personnel Manual, 1978 edition, for the City of West Memphis, Arkansas, and:~for other Purposes" was read for the first time by City Attorney Smith. Alderman Ray made a motion which was seconded by Alderman Spencer to approve the first reading of the ordinance. Upon roll call vote, the voting was as follows: ye: Aldermen: Hampton, Hightower, Horton, Jacks~an, Morris, Ray, Shelton, Spencer and Grimsley No: None The following committee reports tirere presented: Budget Committee 1. Recommends that the C.D. Program set aside funds for the condemnation ofhouses ifneeded. Upon discussion from the Council, Alderman Jackson made the motion that if necessary the Council will request from theCommunity Development Program up to $2,500 for condemnation of houses. This was seconded by Alderman Grimsley. There was further discussion on the motion, and upon voice emote, th.e voting was as follows: Aye: .Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, Spencer, anc~ Grimsley. No : -None 2a. Recommends that an additional six (6) months lease be given to the Church of Christ on Tabernacle Property with the option for an additional six (6) months. The motion was made by Alderman Jackson and was seconded by Alderman Grimsley. 2b. Upon voice vote, the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, Spencer and Grimsley. No: None 3. Recommends that one hundred dollars ($100.00) as recommended by .the Small Claims Committee, be awarded to Mrs. June Simmons. A motion was made by Alderman Jackson, and seconded by Alderman Hampton. Upon discussion of this motion by the Council members, Alderman Jackson made a recommendation that the Council give Ms. June Simmons the amount of $300.00 for her inconvenience. Alderman Hightower 2b. Recommends that the Mayor be given permission to negotiate the lease amount. The motion was made by Alderman Jackson and seconded by Alderman Grimsley. recommended that th e City award her $332.00, Alderman Grimsley recommended that the amount remain at $100.00. Roll call vote to award to Ms. June Simmons the sum of one hundred dollars ($100.00) was as follows: Aye: Aldermen: Hampton, Horton, Morris, Ray, Spencer, and Grimsley No: Aldermen: Hightower, Jackson and Shelton Police Commission Report 1. Recommends that city accept the bids of seven police cars from Tom Gibson Ford which will be LTD IIS for $35,192.15. A motion was made by Alderman Morris and seconded by Alderman Grimsley to accept the bid from Tom Gibson Ford. No further discussion upon the motion and upon voice vote the voting was as follows A e: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, y encer and Grlmsl y. Ray , Shelton , Sp No: None Higher Education Steering Committee 1. Higher Education Steering Committee report was made by Alderman Hampton of Wednesday, May 31, 1978, which agreed to award seven grants for 1st Semester of Summer School, which starts Monday, June 5th. lderman Hampton made a motion to waive the $10.00 building A fee on scholarship grants and was seconded by Alderman Morris, upon voice vote, the voting was as follows: Aye: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray , Shelton . No: None Appointments Mr. Craig Tennison was appointed to fill the resigned post of Dr. Freeman to th eAirport Commission; upon voice vote, the voting was as follows: p, e: Aldermen: Hampton, Hightower, Horton, Jackson, Morris, Ray, y encer and Grimsley Shelton, Sp No: None -~ Announcements Mayor Ferguson announced that Dover Street Extension Project bid was awarded to Folk Construction with a bid of $485,654;'98. She also reported that she met with th e NAACP, and they have decided to write letters to the black churche s concerning vandalism. Alderman Hampton reported that there are various streets in his Ward CWard 1), where the top signs can't be see n, he felt that this is dangerous to the Citizens of West Mem his. P Alderman Jackson commends Fred Brown, Evening Times, for a wonderful editorial in the paper on May 31, 1978. Alderman Hightower made a recommendation to the Council to install bathroom facilities and a. water fountain in the James E. Hightower Park. The recommendation was turned over t 0 the Budget Committee. Upon voice vote, the voting was unanimou s in favor of turning the recommendation over to tl~e Bud et g Committee. Alderman Spencer addressed the Council and the Mayor sa in Y g that he felt that the City Was spending too much money on recreational facilities to be subject to the vandalism which is prevalent. He made an appeal to theCouncil and Mayor asking that the pool not be opened on the date scheduled due to the vandalism in the surrounding area. In his closing remarks he said "I am neither biased nor prejudice, just practical". Alderman Grimsley made a motion to adjourn, which was seconded by Alderman Jackson. Upon voice vote, the voting was unanimous in favor of the motion. PASSED AND APPROVED this day of 1978. ~~ MAYOR ATTEST: