June 15, 1978t
MINUTES
WEST MEMPHIS CITY COUNCIL
JUNE 15, 1978
A regular meeting of the West Memphis City Council was held
on June 15, 1978 at 1:30 P.M. in West Memphis, Arkansas, at City
Hall in the Council Chamber. Mayor Joyce T. Ferguson called the
meeting in order. The following persons were present:
Mayor Joyce T. Ferguson
City Attorney Robert Smith
Aldermen:
James E. Hightower
Pritchard Horton
Roberta Jackson
Doug Morris
R. H. Ray
Doug Shelton
W. R. Spencer
Lloyd J. Woodell
Don Grimsley
Charle s Hampton
Prayer was offered by Rev. Henry Williamson, West Minister
Presbyterian Church.
The Mayor announced that it was necessary to approve or correct
the minutes of May 25, 1978. A motion was made by Alderman Spencer
and seconded by Alderman Grimsley that the minutes with corrections
be approved. The second set of minutes was brought before the Council
dated June 1, 1978, a motion was made by Alderman Horton and seconded
by Alderman Grimsley to approve the minutes of June 1, with one
correction made by Alderman Hightower concerning the length of Alderman
Harris' term as Alderman. With this correction the minutes were
approved.
The following citizens had request: Mr. William Norman Bass,
406 South 21 Street, neighbor obtained a permit to build a storage
house with a 20 ft. ceiling which contains over thousands of dollars
worth of equipments and machinery, which is improperly zoned, because
of the residential section.
Mr. Calvin Avery, City Building Inspector, spoke concerning
Mr. Palmer's storage house, stating that the permit that he issued
was in accordance with the City ordinance because the permit was
issued for storage house.
Alderman Jackson spoke to the council saying that "she felt the
building was too large for a residential area and too close to
Mr. Bass's house.
During a lengthy discussion by the council members about this
citizen's request concerning the storage room. Mayor Ferguson
suggested writing a letter to Mr. Palmer and write the Utility
Department concerning the 440 watts.
City Attorney Smith asked the Council to consider certain
issues in dealing with the storage matter, whether the storage
material is of a commerical or household nature. Alderman Woodell
made a motion to refer this matter to the Planning Commission and
ask them to work on the ordinance, seconded by Alderman Ray. Upon
discussion of the motion it was suggested by Alderman Ray to in-
dicate "storage only". Upon voice vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, and Hampton
No: None
This matter will be referred to the Planning Commission.
Mr. Bass also reported to the Mayor and Council that a Citizen
at 3016 Polk Cove, between the sidewalk and the street has placed
broken soft drink bottles in that area with the broken edges upward
to keep children away from his homE~. Mr. Bass said he felt this
matter should be checked into and ~~hould be given consideration
for safety purposes.
Mayor Ferguson requested permission from the Council to allow
the boy's club to be recognized. Mr. Ed Massey, Executive Director
of the Boy's Club, gave a brief history of the boy's club concerning
the enrollment, educational courses, and organized games that are
conducted at the boy's club. After his talk, Mike Taylor, a member
of the boy's club, presented Mayor Ferguson with a gift from the
wood working class at the West Memphis Boy's Club for all she had
done for the City of West Memphis .
Mayor Ferguson made a short acceptance speech for this gift
from the Boy's club, after which she requested permission to recognize
tow former members of the City Beautiful Commission at which time
a presentation of two distinguished service awards were made to
Mrs. Thelma Brown, and Mrs. Margaret Hickey for the outstanding
work they had done while they were working with the City Beautiful
Commission.
}' eet resented pictures
Mr. Samuel Smith, 211 North 10th Str , p
to the council showing the condition of The Willie Mae Rowe Park,
on the Northside of the City, and pleading to the Council to
do something about the Park situation. He stated that there are
no recreation facilities on the northside, no organized activities,
the northside need some of the councilmembers to visit and then
decide what is needed, the Bayou is very dangerous this time of
year because of snakes, rats and other things, there are about 300
young children on the northside using one swing and one picnic
bench for recreational facilities, they are having an organized
cleanup campaign with people in the area, because the trash is
6 ft. tall and up. It was further stated by Mr. Smith that the
northside residents would like to have new equipment for the park,
park fence, grass around the ditches cut, and the North Seventh
street dump area cleaned up.
Mayor Ferguson assured Mr. Smith this condition will be
taken under consideration and dealt with very soon.
Alderman Spencer brought to the Council attention that from
the look of some of the pictures Mr. Smith passed around if
maimenance money was used for paint and the things that it was
intended for the parks, the condition would not be as bad.
Alderman Hampton made remarks concerning the park situation
and ways he felt certina problems can be eliminated.
Alderman Spencer made a request to the Mayor that theCouncil
members be furnished with a small map of the City showing the
different locations of the parks of the city. Mayor Ferguson answered
by saying that Gary Pospisil will furnish the council with a map.
Mrs. Mary Ann Harris, 304 North 10th Street, asked the City
Council to have vacant lots cut, clean up alleys in order to keep
down the rats and snakes.
Alderman Woodell made comments concerning open sewers on the
southside of the City that need attention.
Mr. Avery, Building Inspector, stated to the Council and
citizens that wherever condition that are unsanitary occur in the
city please report them to his office immediately and he will check
on them.
Alderman Ray reported to the council that somebody is not .doing
their job and it seems that department heads need to check with their
employees it seems like a lack of cooperation on the
part of the
department heads because the same matters are coming u ever
P y city
council meeting.
Alderman Jackson made comment=s concerning the park situation
and stated that she has complained about the parks for the last
couple of years and hopefully we will finally et some
g results.
Alderman Horton made a motion for a five (5) minutes recess
seconded by Alderman Shelton, upon voice vote, the voting was
unanimous.
The meeting was called to order by Mayor Joyce T. Ferguson
with the reading of Ordinance for -the Adoption by Reference of
a New and revised personnel manual, 1978 edition, for the city
of West Memphis, Arkansas, and for other purposes, the second
time by City Attorney Smith. A motion was made by Alderman Shelton
and seconded by Alderman Grimsley, to adopt the ordinance on the -
second reading with discussion on the ordinance. Alderman u~r+,,,,
made a motion to add an amendment to the ordinance to read instead
of six (6) months probationary period, the personnel manual should
read twelve months (12) or one year probationary period, to
coincide with the state's status, seconded by Alderman Jackson.
Upon a ruffling by the City Attorney since this does not change the
substance of the ordinance the ordinance will be read only one
more time, rather than three other -times. Upon roll call vote, the
voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton,
No : Non e
The Amendment Passed.
The next order of business was an ordinance to establish a
procedure for th epolice department t:o sell confiscated goods and
deposit said funds in the policemen's pension and retirement fund
of the City of West Memphis, Arkansas. Alderman Hampton made a
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motion to adopt the ordinance on the third reading and seconded
ty Aldermen Morris. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton.
No: None
The ordinance passed on the third reading and was given ordinance
No. 936, which reads as follows:
4~
AN ORDIT~~':NC'E TU ESTAI'~I,ISIJ A PRUCI~~Dj1RF FUR
THE POI~ICI, D~~'T'ARTTfiT;iJT Tc) SLI,L CUI~d1ISCATED
GOODS ~~.NI) Di~,POSIT SAID FUNDS IJ TIE
POLICE~~!I~'N' ? PENSIOTd AND RETIRE~~IENT FUND
OF THE CITY OF WES`1' i~~EMPHTS , ARt>ANSAS
} WHERF~AS, the Arkansas General Eqs.>embly of~ 1977 passed
Act No. 7~~`~ which authori2es towns and cities to sell
confiscated goods and the funds to be deposited in the
Policemen's pension a.nd Retirement Fund; and,
WHEREAS, the C7.ty of titi`est Memphis, ~.rkansas, desires
to benefi_~t from Act Tvo. 7~E5 of the 1,977 General Assembly of
the State of Arks.r~sas, mentioned above, and to establish
procedures for the sale oz" confiscated goods;
NOW, THEREFORE, BE IT ORDAIl`TED BY THE CITY COUNCIL OF
THT~ CITY 0'~' F)EST MrJI~'iPIiIS, ARKANSAS, that the following procedure
shall be efi'ecti~ve f'or the sa_Le of confiscated goods by t7~e
Pol~_ce Department of the City of West Memphis, Arkansas:
(l) De f 1.nit i on -• CONt~,I SCATED CTUODS
Confiscated goods includes any article possessed uz~.der
cireumst;aric~s prohibited by law.
(2) Unclaimed seized property shall be sold a.t public
auction to be held by the Chief of Police of the City in which
the seizure took glace, and the proceeds, less the cost of sa1.e
any storage charges incurred in preserving it, shall be paid
into the City Policemen's Pension and Retirement Fund, of the
City o_f West Memphis, Arkansas.
(3) The time and place of sale of the seized property
shall be advertised for at least fourteen (l~) days nett
before the day of the sale by posting written notice at t:he
Police Station Dooz•, and by pui~lics,tion in the form of at
least two (2) insertions, at least three (3) days apart, before
the day of sale in a weekly or daily newspa~~er publish~ec~. or
customarily distr:i.buted in the City of West i~~Iemphis, Arkansas.
(~+) A11. seized property to be sold at pub~_ic sale
shall ~>e or'fered for sale on the day for whicr~ i.~:. was ads: ~rtised
bE'tween 9:04 a.m. , and 3 p.r~. , public~l.y, by a~~ction, and for
ready rioney. The highest bidder shall be t?:e purchaser.
(5} The proceeds from any sale of se~.?ed roperty hal~_
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be delivered to the City Treasurer of the City of Nest i~~enpr,is ,
Arkansas, to be held by him in a separate account for a period
of throe (3 } months . If, d~~rizi{; this time any person establishes
to the satisfaction of tl~e treasurer that he was at the time of
the sale the owner of an~~~ seized article sold as above provided,
he shall be paid the amount realized frorr~ sa1.e of such property
less t:ce expenses of the sale. All moneys in the separate account
not cla_imec~ or paid within the designated three (3 } r~ionth
period shall be paid into the Policemen's Pension a,nd Retirement
F~arld of the City of West Niemphi s , Arkansas .
(6) A quarterly report of the net proceeds be made to the
City Council of the City of West NTernphis after she sale of the
confiscated gocds.
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PASSED AND APPROVED this day of
1978.
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MAYOR
ATTEST:
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- -~ ~ CITY CLERK ,,f--~
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It was requested by Mayor Ferguson to vote on the entire
ordinance for the adoption of the Personnel Manual with the
Amendment added. A motion was made by Alderman Grimsley and
seconded by Alderman Ray to adopt the personnel manual on the
second reading with amendment added. Upon roll call vote, the
~,ot ing was as f o ll ows
Aye : Aldermen : Hightower , Horton , Jackson , Morris , Ray , Shelton ,
Spencer, Woodell, Grimsley, and Hampton
No: None
The ordinance passed on the second reading.
The next order of business was new business An ordinance to
Amend Section No. 9.2132 of ordinance No. 715 of West Memphis,
Arkansas which was read by the City Attorney for the first time.
A motion was made by Alderman Horton and seconded by Alderman Grimsley
to adopt the ordinance. Upon discussion of the ordinance and upon
roll call vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton
No: .None
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The ordinance passed on the first reading.
During .the discussion of this ordinance Mayor Ferguson asked
` that Mrs. Wheeler, Director of Public Works Dept., see that Virgil
put stop signs up at Union 76 Station because of the traffic
situation with the trucks.
The second ordinance under new business was an Ordinance to
Amend Ordinance number 716 subdivision code, section 10, defining
lot split in the City of West Memphis, Arkansas and for other purposes,
read by the City attorney for the first time. A motion was made by
Alderman Shelton and seconded by Alderman Morris to adopt the
ordinance. Upon discussion of the ordinance by the council concerning
lot splits and upon roll call vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton
No: None
The ordinance passed on the first reading
Alderman Horton made a special permission request to the Council
to make zone variance for a portable concrete plant to furnish
concrete for the interstate because the owner missed the Board of
Adjustment meeting, and would have to wait six weeks before the
Board of Adjustment meet again. Due to the fact that the man cannot wait
that long Alderman Horton made this in form of a motion to t
he Council.
A ruffling from the City Attorney concerning this m
otion was that the
only one legally authorized to do this is the Board of Ad'u
~ stment.
The Council members set as a legislative body and rule th
at the
Board of Adjustment set as a judicial body and recommends t
o the
council that this is illegal for the Council to give permission
Mr. Avery made comments on the pootable concrete plant, and
it was suggested by City Attorney Smith to have the chairman of ~
the Board of Adjustment call a special call meeting in order to
take up this matter.
Mr. Ralph Sloan read a brief statement to the council from
the ordinance in reference to the Board of Adjustment. During the
further discussion it was requested by Alderman Horton that Mr.
Avery get in touch with Mr. Don Froning immediately and give some
kind of relief to the poeple of the portable concrete plant.
The Planning Commission made two recommendations to the City
Council. First, approval of the Preliminary Plat of the'Mo-Pac
Industrial Park to be waived on the agenda. A motion was made by
Alderman Hampton and seconded by Alderman Morris to grant approval
of the preliminary plat. Upon voice vote, the voting was as
follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton.
No : None
approval of the preliminary plat was granted.
Secondly, approval of the final plat of the,Mo-Pac Industrial Park
was brought to the Council. A motion was made by Alderman Grimsley
and seconded by Alderman Hampton. Upon voice vote, the voting was
as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton.
No: None
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Approval of the final plat was granted.
The next order of business was the Committee Reports.
Fire Commission Re ort by Alderman Ray
Alderman Ray reported that the Fire Commission met on June 13,
1978, to discuss C1) some of the rules and regulations to be drawn
up by th eChief whereby employees will follow. C2) Requested that
the fire plugs need to be painted , need to hire a fire fighter
mechanic with department head status, roof needs repairing. on
Fire Station #2 and #3, if not exceeded the amout of money budgeted.
Alderman Ray also reported that he would like for the Council
to go on record as helping the Fire Department to see that the plugs
are painted and that they are painted according to color codes.
A motion was made by Alderman Ray and seconded by Alderman
Ham ton recommends .that the Utility Department do the color coding.
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Upon voice vote, the voting was unanimous.
A motion was made by Alderman Ray and seconded by Alderman Hampton
that~the Fire Chief be premitted to hire fire fighter mechanic and
be given a department head status. Upon voice vote, the voting was
unanimous.
Mr. Para. Utility Manager, reported that the Utility Department
will do the color coding under the supervision of the Fire Department.
During the discussion of the fire commission .report, Alderman
Jackson questioned one of the do's and don't concerning the
transportation,,
Police Commission
Police Commission report was made by Alderman Morris. He reported
that the Police Department was unable to get the cars that they ordered
black cars with white tops but the motor company will paint the top
of the black cars white . He further stated that Chief Keen reported
to the police commission that Mrs. Earney of the City Beautiful was
contacted about the placement of the sign and they all decided to
disband the sign to be placed on the lawn but place the words on the
door when the renovation is made saying "West Memphis Police Department".
The Commission discussed procedures for tickets for dumping at
the dump on 8th Street and to change the sign to read "trash only".
A motion was made by Alderman Morris for thesign to read at the
dump on 8th Street "Trash Only" seconded by Alderman Hampton. Upon
voice vote, the voting was unanimous. Upon discussion of the motion
the Mayor stated that the will talk to the Chief of Police about the
matter of dumping to clarify it according to the law.
Utility Commission
Alderman Grimsley. made a motion from the Utility Commission
to request permission to put a well on the Northwest corner of the
Tabernacle property with a 20 ft. easement on both sides seconded
by Alderman Morris. Upon disucssion of the motion Alderman Jackson
stated before this well is started that it will be nice to contact
the person living in the house close by Tabernacle Property.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Shelton,
Spencer, Woodell, Grimsley, Hampton.
No: None
Higher Education Committee
Alderman Woodell reported that one of the City's responsible
employees, Dick Tidwell, has done a tremendous job in collecting
money for theCity for building fees at Tabernacle Property. Four (4)
courses made offered at Tabernacle out of a total of five (5).
Appointments
The Mayor made the following appointments with approval of the
Council and upon voice vote, the voting unanimous and the
appointments were conf firmed.
The members of the CATV Program Advisory Committee are
Dr. Gilbert Jay, Alderman Pritchard Horton, Alderman Don Grimsley,
Mr. Bill Kessinger, Mr. Willie Harris, Mr. Nathaniel Morris and
Mr. Joryn Smith.
The appointments to the City Beautiful are from Ward 2:
Mrs. Muriel Klingaman, 516 Auburn, and Mrs. Alix Dunlap, 532 Colgate,
and from Ward 3- Mrs. Judy Appling, 1405 Crestmere. Upon voice vote,
the voting was unanimous.
Announcements
Mayor Ferguson announced that the Fire and Police Department
were asked by the Crittenden Memorial Hospital to take part in
the EMT Program, in which they have already enrolled.
She also reported that the State Auditors are here and will
be here for about two (2) months.
Alderman Woodell announced that he feels that the City of
West Memphis need to try to do something in order to attract
industries to the City as in comparision to other cities.
Alderman Hampton announced that he feels the Citizen Request
should be last on the agenda because of the time involved.
Alderman Morris reported that there is a problem on Rich
North mud and dirt has filled the storm drainage and something
Road ,
need to be done about this matter.
Alderman Jackson reported that there are problems throughtout
ur Cit concerning our children and vandalism whereas the main
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roblems is the parent not knowing where their children are. She
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then stated that the problems are all over our city and not only
fur
in a given section.
Alderman Grimsley made a motion to adjourn and seconded by
Alderman Spencer. Upon voice vote, the voting was unanimous.
^; 19 7 8 .
ND APPROVED this ~ day of
PASSED A
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MAYOR
ATTEST:
CITY CLERK
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