Loading...
September 1, 197730g ~. MINUTES WEaT ME11~1PIiIS CITY COUNCIL R.EGULAI~ MEE ri,ING SEPTEMBER 1, 1977 A regular meeting of the West Memphis City Council was held at 1:30 P. M. , in the Council Chamber of City Hall at West Memphis, Arkansas, on September 1, 1977. Mayor Joyce T. Ferguson called the meeting to order. Rev. C. H. Hurst from First Presbyterian Church offered prayer. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Don Grimsley Charles Hampton James Hightower Pritchard Horton Bober. to Jackson Doug IVlorris R. H. Ray Doug Shelton W. P.. Spencer Lloyd Woodell being a quorum. Mayor Ferguson announced that notice has 'oeen given that on this day a hearing would be held at 1:30 in the City Hall by the City Council to consider an application by the Yellow Cab Company of West Memphis, 111 North 7th Street, West Memphis, Arkansas, for an Ordinance to amend Ordinance No. 7 93 of February 7, 1974, to raise in part the rates for taxicabs in the city. The Mayor o asked if anyone present wished to speak for the increase in rates. Mr. Chad Durrett, attorney for Yellow Cab Company, presented the facts pertaining ~o the request for increased rates, The Mayor asked if anyone in the audience wished to speak against the increase. No one appeared to speak against the increase in rates for taxicabs. Since no one appeared to speak against the increase and there w°ere no other comments, the NTayor announced the close of the hearing. V x The Mayor announced that a.n .ordinance should be considered providing for the issuance of municipal airport revenue bonds and recognized Mr. l~Torris Fair who stated he had reviEwed the documents and requested the council to adopt t:he ordinance. Mr. Fair stated in his opinion this constitutes tii~hat the Airport Commission desires to do gives no more obligation to the new bond holders, Realty Trust, than what is obligated by Mid-Continent. Mr. Fair further stated he thought the transaction was documented the best way it could be within the state statutes and the interest of the city. City Attorney Smith advised the council concerning the change in the ordinance and the time element involved in getting the ordinance to him and the council. Mr. Smith :requested more time to study the ordinance and objected to having a mortgage on land owned by the city. Alderman Morris made a motion to adopt the ordinance tentative and subject to our City Attorney's studying and reporting back to the council. Alderman Horton seconded the motion. City Atto~~ney Smith stated he had not been given enough time and information to make a ruling on it. Alderman Horton withdrew his second to the motion. Alderman Morris withdrew the motion. After further dis- cussion, Alderman Morris made a :motion to put the ordinance on the first reading and strike the emergency clause from the ordinance. Alderman Hampton seconded the motion.' After further discussion, Alderman Ray made a motion to table the ordinance until next council meeting. .~lderm~an Shelton seconded the motion. Upon roll call vote, the motion z~;~as tabled by a vote of 7 to 3. Those voting for tabling fhe ordinance. were: Aldermen Cxrimsley, Hightower, Jackson, Ray, Shelton, Spencer and Woodell. Those voting Zlo were: Aldcrr7zen I3ampton, Horton and Morris. 3D The Mayor announced the next item on the agenda to be the minutes of August 10, 197?. Alderman Grimsley made a motion ' to adopt the minutes of August 10. Alderman Morris seconded the ~! motion and upon voice vote the minutes of August 10 were unanimously approved, all aldermen voting "Aye". The Mayor announced it was necessary to approve or correct the minutes of August 18, 1977. Alderman Ray made a motion to adopt the minutes of August 18. Alderman Jackson seconded the '' motion. After discussion and upon voice vote, the minutes of August 18 were unanimously approved, all aldermen voting "Aye. '' The Mayor announced it was necessary to approve or correct the minutes of August 25, 1977. Alderman Hightower made a motion that the minutes of August 25 be reconsidered. Alderman Jackson seconded the rr~otion. Alderman Hampton stated he would like to have the secretary to tell what the tape said at that meeting concerning { ~, j what he said about the waiver for the 25th. meeting. Mr. Hampton advised that he hack objected to voting on any matter except what the waiver stated that he had signed for. Mr. Hampton requested ' that the minutes reflect his statement that he signed a ~~~aiver and 1 that was what the council met for only. Mr. Hampton stated the ~' City Attorney gave him a ruling that the r~leetirig was in order. Mr. '~ ' I Smith stated the meeting and the way the meeting was conducted was ~ I in order. The Mayor stated the Vice-Mayor was in order. M.~•. Hampton questioned why Resolution 526 did not apply . The ~i ' I12ayor explained this was a special called meeting. The Vice-Mayor was in order. Alderman Horton explained that the resolution did not apply to special called meetings. The City Attorney ruled that an tieing could be brought. up at special meetings. y Alderman Morris asked «-hat was to be reconsider. ed on the August 25 minutes. Alderman Hightower replied that they were of 304 the same irrlpression that Mr. Hampton u~as speaking of and would like; the riinutes r. econsidered. The Mayor asked for a roll call vote on reconsideration of the minutes. Aldermen Hampton, High- tower, Jackson, Shelton and Spencer voted "Aye" to reconsider the minutes. Aldermen Grimsley, Horton, Morris, Ray and Woodell voted "No". Voting was a tie and the Mayor cast the deciding vote of '`Aye'' to reconsider the minutes. The Mayor stated the minutes are not approved at this time. The Mayor asked for citizen requests and recognized Mr. Frank Steudlein who spoke briefly on a utility commission, but made t~ioughtful comments on the matter of the merging of the two boy's clubs. Ms. Ora Mae Washington, 408 South 8th Street, spoke about utility bills. The Mayor stated the first item of old business was the tabled ordinance to restrict truck traffic on Broadway. City Attorney Smith suggested the Mayor appoint a committee to determine what capacity trucks should be put in the ordinance. Alderman Morris made a motion to table the ordinance until further study and to appoint a committee to deterxxiine the capacity of trucks to put in the ordinanc,c-:, Upon voice vote, it was unanimously • RESOLVED, THE ordinance to restrict truck. traffic on Broadway • is hereby tabled and a committee is to be appointed. Alderman Shelton resigned as Chairman and member of tr.e ordinance committee. Mayor Ferguson asked Alderman Morris to chair. the committee. The matter of the above ordinance was turned over to the Ordinance Committee consisting of Alderman Morris, Chairman, Aldermen Grimsley, Spencer and Ray. The Mayor announced the next item of businc;ss to be a discussion of the Boys and Gir, is Club Steering Committees:. 34 ~lderman Hightower asked that this item be placed on the agenda. The ~1/layor recognized Alderman Jackson who made an explanation of the matter of the merger of the clubs. During discussion 13ob Cosgrove -made comments on the matter of the clubs. After further discussion, Berman Shelton made a motion that this money that has been set side from a previous council meeting be given to both boy's clubs, !the $5000. 00,_ each, and that the balance now in escrow be set aside for a building fund. Alderman Woodell seconded the motion and rx~ade a. motion to amend the motion to pro~ride that the Mayor appoint a '~ 'citizen's committee consisting of six citizens to work with the two ', boy's clubs in an effort to bring about a merger or an agreemen~ to 'imerge and if substantial progress is not made toward the merger by III ~- n ' 'tee will recommend to the Cit 'ISeptembcr 2Ei, she citlz..n s commit y ~, . '~Couricil fhe di.stributior. to be made of funas accumulated with the ;exception of the $1G, 000 previously voted to the two clubs. Alderman Morris seconded the amendment. During discussion Alderman Grirnsley made a motion for afive-minute recess. Upon ',motion being duly seconded and unanimously carried by voice vote, '' ',all Aldermen voting "Aye", the Mayor recessed the meeting for five minutes. The Mayor called the meeting back to order at 3:30 p. m. ',,During further discussion on the boy's clubs, Alderman Ray called for 'the question. Upon voice vote t~~ Ii:°r_it debate all Alderman voted "Aye". ~'IUpon roll call vot` on the mot.i.on as amended, the motion unanimously I (carried, all Aldermen voting "Aye. " The Nlayor asked reprESentatives ~~ ~lof both. clubs to sign releases for the receipt of checks in the amount of $5, 000. 00 each. The Mayor announced the first item of new business to be the 'first reading of an ordinance to aznc:.~nd Ordinance 703 to increase taxi- cab fare. City Attorney Robert Smit~Z read the ordinance the first time. Alderman Grimsley made a motion to adopt the ordinance. 30~ Alderman Morris seconded the motion. Upon roll call vote, all Aldermen. voted "Aye" with the exception of Alderman Shelton who was absent from voting. The motion carried by a vote of nine for and the ordinance passed on the first reading. Alderman Woodell was recognized by the Mayor and asked if by failure to act on the minutes today if the council was delaying the creation of the Utility Commission. Mayor Ferguson asked the City Attorney to rule on this. The City Attorney, Robert Smith, stated that anytime there is a legally constituted body together there is vote taken and the vote recorded and it is a legally constituted meeting, that whatever they pass is in order. Mr. Smith restated his memorandum of July 22, 1977 which said there were several ways to approve the minutes (1) to have the recording secretary get on the stand and tell what happened, the fact the minutes were not signed does not invalidate the procec~ure. Mr. Smith stated that what was passed on August 25, 1977, was legal. The Mayor asked for Committee Reports. Alderman Grimsley, Chairman of the Utility Committee, made a motion to award the low bids for materia~. for Westwood School to Westinghouse Electric Supply Company in the amount of $21, 646. 57. Alderman Grimsley explained bids v.~ere advertised for, proof of publication had been received. Alderman Morris seconded the motion and upon voice vole tnE motion unanimously carried, all Aldermen voting "Aye". Alderman Grimsley announced the first meter reading class for the public would be held at the Utility Building on September 8 at 7:3U. Alderman Grimsley advised that the Park Commission opened bids for the renovation of the L. R. Jackson Community Center ; that Heath and House was the only bidder. Their bid was in t;he amount 3D of $73, 222. 00 ~~rhich uTas under the amount set aside in the budget ~'~ for the renovation. Alderman Grim sley made a motion to accept ~' this bid. Alderman Hampton seconded the motion. After discussion, '~ upon voice vote, the motion unanimously carried, all Aldermen voting "Aye. " Alderman Hampton, Chairman of the Shop Committee, advised that bids were opened on the supplies and equipment for the proposed new shop. Cliff Jackson, Architect will make further study on the plans with the shop foreman and will report to the committee who will report back to the council. Alderman Hampton also advised that bids were opened for the proposed new city shop and the bids will be reviewed and studied and the committee will report back at the next meeting.. The Mayor advised that a letter had been received from the '' Chairman of the Civil Service Commission granting an extension of time to approve tie proposed Civil Service Rules and Regulations. There was a discussion on the rules and regulations but no council action. '' Alderman Woodell made a report on the Committee for ICI Higher Education and asked the council to be aware that some action would have to be taken on what is to be done about higher educa- tion. No action was asked for in this meeting and none taken. I, Mayor Ferguson announced the Municipal League in West i Mempriis on September 12. I Mayor asked the Council to submit names in writing to her ~I for recommendation to the Utility Commission. ' Alderman 13orton made a motion that the council meet for a work session at 6:00 1'. IVT. , Thursday, September 8. Upon motion being duly seconded and unanimously carried by voice vote, all Aldermen voting "Aye" , the meeting was set at 6:00 P. M. September 8. ~4" Alderman Shelton asl~ed that 1ViacArthur Street dead end be reviewed and see if could be put through. ~I,he Mayor stated the Street Committee should consider this. Alderman Hampton stated the Street Committee would take the matter up and bring back to the council. Alderman Spencer reminded the council of the map show- ing the right-of-way on Broadway and that the matter should be on the agenda September 15. Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously carried by voice vote, all aldermen voting "Aye", and there being no more business to come before the council, the meeting adjourned at 4:15 P. M. Mayor ATTEST: ~__.. ~~_ `~ ~-~" City Clerk .~