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July 6, 1978l~7 MINUTES WEST MEMPHIS CITY COUNCIL JULY 6, 1978 A regular meeting of the West Memphis City Council was held on -July 6, 1978 at 1:30 P.M. in West Memphis, Arkansas, at City Hall in the Council Chamber. Mayor Joyce T. Ferguson called the meeting to order. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Pritchard Horton Roberta Jackson Doug Morris R. H. Ray W. R. Spencer Lloyd J. Woodell Charles Hampton James E. Hightower Alderman Shelton and Alderman Grimsley were absent from the meeting. Prayer was offered by Rev. Ron Mizer, Bethel A.M.E. Church. The minutes, as in the packets, were approved with a motion from Alderman Hampton and seconded 'by Alderman Jackson. Upon voice vote, the voting was unanimous. A The following citizens had requests: Mr. Leon Duvall, 1405 Rich Road, West Memphis, which states that there is a problem on the north end ref 15-Mile Bayou and the Service Road. He also passed out pictures showing the condition of that area. He further stated ways he felt the City could eliminate the. problem of flooding. During this citizens' request there was a lengthy discussion from the Council, Aldermen Horton, Hampton, and Spencer. Mayor Ferguson assured Mr. Duvall that the problem will be tal~en under advisement and will do the best she can to see that this problem is corrected. Mr. Woody Woodworth, made a request to the Council for funds for legal services and a court reporter for the Michael Haney Case. The next order of business was the third reading of the ordinance for the adoption by Reference of a new and revised personnel manual, 1978 Edition, read by Vice-Mayor Horton. A motion was made by Alderman Hampton and seconded by Alderman Morris and upon roll call vote, the voting was as follows: 16~ Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower No: None The Ordinance passed on the third reading and was given Ordinance No. 937, which reads as follows: ORDINANCE N0. ~~~_ AN ORDINANCE FOR THE ADOPTION BY REFERENCE OF A NEW AND REVISED PERSONNEL MANCZAL 19 78 EDI` ION , FOR THE CITY OF WE aT MEMP~~IS , ARKANSAS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. There is hereby adopted by the City Council of the City of West Memphis, Arkansas, pursuant to Arkansas Statute ~ 19-2421, which allows adoption of technical codes regulations, or standards by reference, the new and revised PERSONNEL MANUAL, 1978 Edition, for the City of West Memphis, Arkansas, of which not less than three (3) copies shall be filed in the office of the Clerk of the Cit. of West Mem ' y phis, Arkansas, and the same are adopted and incorporated as fully as if set out at .length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the City Limits of the City of West Memphis, Arkansas. SECTION 2. A11 Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 6th day of ~"uly 1978. . -~!~ ATTEST: ~YOR CITY CLERK The next order of business was the second reading of Ordinance to amend Section No. 9.2132 of Ordinance No. 715 of West Memphis, Arkansas by the Vice-Mayor Horton, a motion was made by Alderman Ray, and seconded by Alderman Horton and upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower. No: None The ordinance passed on the second reading. The City Attorney was asked to read the Ordinance to Amend Ordinance No. 716 Subdivision~~Code, Section 10, Defining Lot Split in the City of West Memphis, Arkansas and for other purposes, a motion was made by Alderman Morris to adopt the ordinance and seconded by Alderman Horton, upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell Hampton, Hightower. No: None ~ The ordinance passed on the second reading. Mayor Joyce Ferguson recognized guest from the L. R. Jackson Girls Club, Mrs. Brenda Neal, Director. The next order of business was New Business, whereas the City Attorney was asked to read th e Ordinance to waive competitive bidding and the rule be suspended to read the ordinance on three different days. The motion was made by Alderman Hampton and seconded by Alderman Horton and upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower . No: None The rule was suspended. The City Attorney was asked to read the ordinance the second time with the rules being further suspended to be read on three different days, a motion was made by Alderman Ray and seconded by Alderman Spencer. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower. No : None The ordinance passed on the second reading. The City Attorney was asked to read the ordinance the third and final time, Alderman Morris made the motion to adopt and Alderman Hampton seconded .the motion. Upon discussion from the Council it was suggested by Aldermen Spencer and Jackson that the record show what this ordinance means. Alderman Spencer stated that the record should show this means exposed raw sewers to comply with EPA. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower. No: None The ordinance passed on the third reading. A motion was made by Alderman Horton and seconded by Alderman .~,,~. Hampton to adopt the Emergency Clause Section II of the Ordinance. Upon roll call vote, the voting was as follows: ~~'~ Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower. No: None The ordinance with the Emergency has been adopted and given .~~ Ordinance No. 938, which reads as :follows: -`~ J ~. ., ~-~, ~ ~- ~~ ~,~• ORDINANCE~``~NO. I 1 '~ AN ORDINANCE TO WAIVE COMPETITIVE BIDDING, I' ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES . jr,T_ REAS Arkansas Statute 19-~-~25 allows waiving of et'~~tive bidding in exceptional situations where. such comp ~ rocedure is deemed not feasible or practical, and ' P WHEREAS, there are many. items necessary for the-. Cityt s use. ere com etiti~re bidding is deemed not feasible or practical; wh P 'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPIiIS, ARKANSAS : - . 1. •That competitive bidding be waived for the following f.tem to be used by the City, which is described as follows t 89' o~ chain assembly; 4 - 4"~ x ~.40' steep pipe; 1 socket drive; 1 Receiver box; 2 inspection openin~s. ~ - __.~~:._~___~ __ 4 775.00 Total Cost $ , TO BE PURCHASED FROM Halman Diyis~on/Conyeyox C4X~. 2. EZnergency Clause. - It having been found and determined by the City Council of .the City of West Memphis, Arkansas that there is an urgent need by t e City of West Memphis for the item described above, an emergenc~ is hereby declared to exist, and this Ordinance being necessai y for the preservation of the public peace, health, safety and we~.fare of the citizens of West Memphis, t~ Arkansas, shall be • in~ full force and effect from and after the date of its pas sage and approval. PASSED AND APPROVED this na ~ ~ . • b: ATTEST: ~..- _~~ CITY CLERi{ G day o f ,~ -' ~-- ~~ , ~~~, MAYOR The next order of business was to adopt a Resolution from the Arkansas Highway and Transportation Department a motion was made by Alderman Ray and seconded by Alderman Spencer. Upon discussion of the Resolution Alderman Hampton suggested that Mr. Burrell Fair, Levee Board District be send a ropy of the resolution. There was no further discussion and upon ro1.1 call vote, the voting was as follows: Aye r Aldermen: Horton, Jackson, Norris, Ray, Spencer, Woodell, Hampton, Hightower. No: None The Resolution passed and was given Resolution No. 635, which reads as follows: ,~- -~., -- P 'Y ,:"~ l ~ R~,,,OLU 17 0. r k~iLREAS, the City of k'est ~iemphis and its trace area has an economic eed for e~: ansion of its economic base through new industrial growth, and n P t~iEREAS, the central concentration of L'he Mississippi l~:iver, major railroads, two major interstates, and local airport, in a higl: potential • but underdeveloped area• makes West Memphis the prime, future industrial growth area for Arkansas, and .WHEREAS, the City of West Memphis recognizes the potential and the need fox a comprehensive plan and effort to develop to the fullest extent, the multi-modal concept for meeting the industrial needs, including a major industrial arterial, and WHEREAS, the Ozark Regional Conunission has funds to support the proposed development of a comprehensive plan for locating development, and funding of such a system, NOW, THEREFORE, }3E I1 RESOLVED EY TIIE CITY COUNCIL OF THE CITY OF 4~EST MEMPHIS, ARKANSAS, does hereby authorize the 2~iayor, with the assistance of the Arkansas Highway and Transportation Department and the East Arl:ansas Planning and Development District, to make application to the Ozark Regional Commission for the projected $60, 000.00 needed to fund said project. r 1 H ~.. Adopted this ~~ day of July, 97. .. , MAYOR ATTEST: y i .4-- ..aa-/~ CITY CLEF.K l'~ ,r The City Attorney was asked to read Ordinance 715 Zonin Code g be amended for the first time, a rnot.io.n was made by Alderman Jac kson and seconded by Alderman Horton. Upon discussion Alderman S encer P made comments and ask questions concerning Section B, Item 5, of the Ordinance, Mr. Calvin Avery, Building Inspector, made comments and answered questions from the Comprehensive Plan Book for Cities. During further discussion on this ordinance Alderman Ham t p on made comments from Section 7.4A, #2. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, and Hightower. No: None The ordinance passed on the first reading. The next order of business was Ordinance to change the West Memphis Comprehensive land use plan and to rezone lots 10, ll, and 12 in Block 12 of M.L. Thompson's Subdivision in the City of West Memphis, Arkansas, a motion was made by Alderman Ray and seconded by Alderman Morris, to adapt the ordinance. Upon discussion ~. from Alderman Hampton and Mr. Ralph Sloan, representing the ordinance, during discussion it was stated by Alderman Horton that this ordinance was rejected by the Planning Commission. Further discussion was made by Rev. Ron Mizer as to why this ordinance should not be passed. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris and Hampton No: Aldermen: Horton, Jackson, Spencer, Woodell, Ray, Hightower The ordinance does not pass on the first reading. The following committee reports were presented: Budget Committee: by Alderman Jackson Alderman Jackson made a motion that $750.00 be added to the Civil Service Commission Budget for legal fees and for a court reporter for the Haney Case, and if exceeds that amount the Council will act again, seconded by Alderman Morris and upon roll call vote, the voting was as follows: Aye: Aldermen: Horton,,Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower. r••- . No: None F x A motion was also made by Alderman Jackson from the Budget Committee that Manes and~~Associates Fee be raised from $400.00 to $600.00 and seconded by Alderman Hightower. Upon discussion by the Council, Alderman Jackson withdrew her motion and Alderman Hightower withdrew his second in order to turn this back over to th e Budget Committee for further study. Alderman Ray stated to the Council that the Fire Department is in need of a couple of new cars. Alderman Horton asked that Mr. Joryn Smith be contacted concerning the CATV to set up a meeting and find out the progress of the CATV and also Alderman Hampton inquired about the number of persons having been connected for the load management. He further stated that this should be advertised in the Evening Times in order for people to know about it. The Mayor made the following appointment, Mrs. Ness Sechrest, to be added to the CATV Adivsory Committee, upon voice vote from the Council, the voting was unanimous. Mrs. Sechrest was to be notified of this appointment . Mayor Ferguson complimented Mr. Calvin Avery for his good works throughtout the City for work above and beyond the call of duty . Alderman Woodell stated that there is a conflict in the City with business and industry uses of certain locality. He further stated that the city should create an industry committee • from elected businessmen, one resident person, and industrial leader and one third person elected. He also wanted a resolution of some kind drawn up in reference to this plus see that an arbitration committee is formed to make reports to the Council and other elected officials. Alde rman Hampton stated that due to the fact there have been a number of accidents on Park Drive and North Center due to the changing of signs, made a motion that a four way stop sign be put up on Park Drive and North Center an d seconded by Alderman Morris. Upon discussion and voice vote of~the Council, the voting was unanimous. Alderman Hightower stated that for the good and safety of the citizens in the area of 15th and Polk, made a motion to put a four way stop sign on the corner of 15th and Polk seconded by Alderman Jackson.. Upon discussion Alderman Spencer asked Mrs. Louise Wheeler, Public Works Director, how would this affect the sign program? She stated that: the Council has the authority to do whatever they want to do But she will consult the manual because all cities are suppose to comply with the uniform traffic code but the City Council could override it. Upon voice vote on the motion, the voting was unanimous. A stop sign is to be placed on the Corner of 15th 8 Polk. Alderman Hampton made a recommendation that a feasibility study be made concerning the traffic West on Cooper off 7th Street can there be a neutral lane for traffic going West on Cooper. The Mayor suggested that the Street Committee check on this problem. Alderman Morris stated that an ordinance needs to be reworked concerning the Grass clippings and feel that the ordinance need to be revised and allow plastic bags for grass clippings instead of burlap bags,-which .are so hard to find. Mayor Ferguson complimented the City Council for the tough decisions that they have to make. Alderman Jackson made a complaint that was reported to her concerning the Utility Department, town truck. She also mentioned how nice the lawns looked around City Hall. Alderman Spencer made a motion to adjourn, seconded by Alderman Morris, upon voice vote, the voting was unanimous. PASSED AND APPROVED this __~ day of 1978. MAYOR ATTEST: ~.~- ~11Y CLERK ,'