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August 18, 1977~~ MINUTE S REGULAR MEETING WEST MEMPHIS CITY COUNCIL AUGUST 18, 1977 A regular meeting was held by the West Memphis City Council in the Council Chamber at City Hall in West Memphis, Arkansas, on August 18, 1977, at 1:30 P. M. The meeting was called to order by the Mayor. Prayer was offered by Mayor Joyce T. Ferguson after a moment of silent prayer in honor of Elvis Presley because of his death. Present at the meeting were Mayor Joyce T. Ferguson City Attorney Robert L. Smith Aldermen W. R. Spencer Lloyd W oodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton The Ma~br stated the- necessity to approve or correct the minutes as sent in the packets of July 21, 1977, and August 4, 1977. Alderman Grimsley made a motion to approve the minutes. A1d~r- man Hampton seconded the motion and upon voice vote, the minutes were unanimously approved, all aldermen voting "Aye. " The Mayor announced Citizen's Requests were then in order. Appearing before the council were the following citizens who each made comments in length concerning the Utility Department, utility bills, a utility commission and asked questions concerning the bills and the meter reading. Joryn Smith of the Utility Department explain- ed the method of meter reading and follow-up requests on the readings. Citizens were: Frank Steudlein, Leon Duvall, Frank Waggener, Ora Mae Washington, Rita Gage. ,, ~~ `~ , Bob Cosgrove thanked the council for the additional forty- five days for the merging of the boys clubs and advised the council of the financial plight of the West 1Vlemphis Boys Club. Alderman Grimsley made a motion for afive-minute recess. Upon motion being duly seconded and unanimously carried by voice vote, the Mayor granted afive-minute recess and called the meeting back to order at 3:04 p. m. The Mayor stated the first item of old business to be the third reading of an ordinance annexing certain property into the City of West Memphis. City Attorney Robert Smith read the third and final time. Alderman Hampton made a motion to adopt the ordinance on the third reading. Alderman Horton .seconded the motion and upon roll call vote, the ordinance was adopted, all aldermen votin "Aye" with the exception of Alderman Morris who was absent from voting. The ordinance was given number 914. ~_> ~-.~, q '; .p 9 C `1 ORDINANCE NO. ~_ AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF WEST MEMPHIS, ARKANSAS OF A TRACT OF LAND IN THE SOUTHWEST (SW 1/4) QUARTER OF SECTION TEN, TOWNSHIP SIX NORTH, RANGE NINE EAST, IN CRITTENDEN COUNTY, ARKANSAS Whereas, the County Court of Crittenden County, Arkansas, entered its order on May 9, 1977, granting annexation of the property described below, based upon the petition of the Arkansas State Highway Commission, being the sole owner of the lands to be annexed, as herein described, after due notice of hearing on said petition within the time and in the manner prescribed by law. Such order granting annexation was confirmed by the County Court of Crittenden County, Arkansas, by an amended order of confirmation of annexation .rv~yt duly entered on d~rz~ Z ~ 1977, said confirmation being made more than thirty days following entry of the order granting annexation and without objection. The lands to be annexed are located in Crittenden County, Arkansas, and are more particularly described as follows: A tract or parcel of land in the southwest SW 1/4 of Section 10, Township 6 north, range 9 east, more particularly described as follows: Beginning at a point where the west line of southwest 1/4 of Section 10, township 6 north, range 9 Basic, intersects the south right-of-way line of U.S. Highway 70, thence along the west line of the SW 1/4 of section 10 to the intersection of north right-of-way line of U.S. Highway I-55; thence southeasterly along the north right-of-way line of I-55 to the point of intersection of the west line of the E 1/2 W 1/2 of section 10, township 6 north, range 9 east, and the north right-of- way line of I-55; thence south 70 degrees 43 minutes east 278.2 feet along said north right-of-way line; thence north 19 degrees 27 minutes east 28.2 feet; thence south 70 degrees 43 minutes east 135.1 feet; thence north 19 degrees 27 minutes east 50 feet; thence south 70 degrees 43 minutes east to the west right-of-way line of the St. Francis Levee District right-of-way; thence in a southerly direction along the meanders of the west right-of-way line of the. St. Francis Levee District to the south right-of-way line of U.S. Highway 70; thence westwardly along said highway right-of-way line to the point of beginning, containing 22.9 acres, more or less. Whereas, more than thirty (30) days have elapsed since the entry of such order by the County Court of Crittenden County, Arkansas, and no person, firm, or corporation has {"f~sY ~1.~ /V qJ- „~. ~,. ~~ instituted any proceeding in any court of Crittenden County, Arkansas, or elsewhere, to resist or object to such annexation, and no protestants have appeared and no notice has been given to the authorities of the City of West Memphis, Arkansas, of any attempt to vacate, review, set aside, or appeal from said Order of the County Court; and Whereas, said above-described lands are contiguous to and adjoin and abut the City of West Memphis, Arkansas; NOW, THEREFORE., BE IT ORDAINED BY THE CITY OF WEST MEMPHIS, ARKANSAS BBC' ITS GOVERNING BODY, THE WEST MEMPHIS CITY COUNCIL: Section Number 1. That the City of West Memphis, Crittenden County, Arkansas, acting by and through its City Council, does hereby approve the annexation of and does hereby accept and make a part of the incorporated area of the City of West Memphis, Arkansas, all of the lands described above; and that said lands be, and are hereby assigned and ,~ attached to the ; ' ~ ~~~`~ Ward of this City. Section Number 2. That two (2) or more copies of the entire proceedings in the Crittenden County Court concerning this annexation shall be prepared and duly filed with the Crittenden County Clerk, one copy of all of which shall then be delivered to and filed with the Secretary of State of the State of Arkansas, pursuant to Ark. Stats. Ann. X19-305. ATTEST: ~_ _ , -~ CITY CLERK PA`S S ED ~' .~` .~ - APPROVED: MAYOR CITY OF WEST MEMPHIS, ARKANSAS ~~~ ~ ~~. ~~ The Mayor stated the next item of old business to be the second reading of an ordinance establishing a Utility Commission for the City of West Memphis. Alderman Ray made a motion to table the ordinance.. for further study and continue until next council meeting. Alderman Morris seconded the motion and upon voice vote, the motion unanimously carried, all aldermen voting "Aye. " The ordinance was tabled for further study and continued until next counci]. meeting. The Mayor announced the first item of new business to be the first reading of an ordinance to restrict truck traffic on Broad- way. City Attorney Smith read the ordinance. Alderman Grimsley made a motion to table the ordinance until next. council meeting. Alderman Shelton seconded the motion and upon voice vote, the motion unanimously carried, all Aldermen voting "Aye" and the ordinance was tabled until next council meeting. The Mayor stated the next item on the agenda was a resolu- tion to remove certain signs on Broadway. After discussion, Alder- man Ray made a motion to table the resolution for the time being for further study. Alderman Morris seconded the motion and upon voice vote the motion unanimously carried, all Aldermen voting "Aye" and the resolution was tabled for further study. Alderman Hampton made a motion that copies of a map showing dimensions and locations of highway right-of-way be furnished each Alderman by next meeting. Alderman Morris seconded the motion and upon voice vote, the motion unanimously carried, all Aldermen voting "Aye': Alderman Hampton stated it had been brought up that the council meet at night instead of during the day. Alderman Grimsley made a motion to table the matter for further study. Alderman Woodell seconded the motion. During discussion and it being brought out by Alderman Ray that the council had tried this before and it did not work. Alderman Horton agreed and after further discus- sion made a motion to leave the time of the meetings as is. Alder- man Grimsley seconded the motion and it was carried by roll call vote of eight to one, all Aldermen voting "Aye" with the exception of Councilwoman Jackson who voted "No" and Alderman Hampton who abstained from voting. The Mayor announced the meeting time would remain the same. The Mayor asked the council if they liked the citizen requests to come at the first of the meeting. The council agreed. The Mayor stated we have a resolution authorizing application for BOR assistance. The City Attorney read the resolution. Alder- man Grimsley made a motion to adopt the resolution. Alderman Horton seconded the motion. During discussion concerning city's portion of the money, Alderman Hampton made a motion to table resolution for further study. Alderman Morris seconded the motion and upon roll call vote the resolution was tabled for further study by a vote of nine to one; all Aldermen voting "Aye" with the exception of Alder- man Grimsley who voted '`No". The Mayor stated with the council's permission we would have a voice resolution with the request to the Joint Auditing Commi~~e in Little Rock that we' have the audit done by the state auditors for next year. Alderman Hampton made a motion that the City Attorney draft this resolution commending them for the fine way the auditors conducted the business as well as requesting the .audit for next year. Alderman Morris seconded the motion. Upon voice vote the motion carried unanimously, all Aldermen voting "Aye. " Alderman Hampton, Chairman of theStreet Committee, stated+ he had a recommendation of the Street Committee that the "no parking" signs on the north side of Thompson be taken down until the completion of Seventh Street. Alderman, Shelton made a motion to approve the recommendation of the Street Committee. Alderman Jackson seconded ~, and after discussion and upon roll call vote, the motion carried with a vote of nine to ome, all Aldermen voting "Aye" with .the exception of Alderman Morris who voted "No. " Alderman Hampton reported that bids on South Seventh Street would be opened September 12. Alderman Spencer, Chairman of the Budget Committee, made a motion that Adams Pest Control be allowed to treat the old City Hall building for termites and that the council authorize a contract of $1100 for this purpose with Adams Pest Control. Alderman Hampton seconded the motion and upon voice vote, the motion unanimously carried, all Aldermen voting "Aye. " Alderman Jackson made a motion that afull-time director be hired to take care of the L. R. Jackson Community Center. Alderman Grimsley seconded the motion. After discussion and upon voice vote, the motion unanimously carried, all Aldermen voting "Aye. '' Alderman Spencer, Chairman of the Budget Committee, made a motion that expenses concerning the utility operation that- were shown by general fund of the city as justified by the financial advisor, be diverted from the general fund of the city to the utility budget. Alderman Ray seconded the motion. During discussion, Alderman Hampton made a motion for discussion to cease. Upon roll call vote on the original motion, it was unanimously carried, all Aldermen voting "Aye. " Alderman Grimsley stated the Park Commission had received a letter of resignation from Raymond Roach and made a motion to confirm the Park Commission's recommendation of appointing Mr. Curtis Barber ;.~ to fill the vacancy. Upon motion being duly seconded and after dis- cussion, and upon roll call vote, the motion unanimously carried, all Aldermen voting "Aye. " The Mayor asked for the appointment of Mr. Nolan Wheeler to the Electrical Examining Board to be confirmed by the council. Alderman Grimsley made a motion to confirm the appointment. ~~~ Alderman Hampton seconded the motion and upon voice vote, Mr. Wheeler's appointment was unanimously confirmed; all Aldermen voting "Aye. " The Mayor announced there would be a work session at 4:00 p. m. , Tuesday at the utility building. Lee Cramer, Director of Parks and Recreation, made a statement concerning the tabling of the resolution for the BOR funds, saying this was to be a request for the third phase of the park and the application had to b e in by August 31, 19 7 7. Alderman Spencer made a motion that the BOR grant not be accepted. Alderman S~encer seconded the motion. After further discussion and explanation by Mr. Cramer, the second to the motion and the motion were withdrawn. After comments by the Aldermen and there being no further business to come before the council, Alderman Grimsley made a motion the meeting be adjourned. Upon motion being duly seconded and voice vote, the motion unanimously carried, all Aldermen voting "Aye. " The meeting adjourned at 4:55 p. m. Mayor ATTEST: ~~_ City C1e rk ~d.~~, i~ /-GC ~ ~ L /~~~~