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October 20, 19773 MINUTES REGULAR MEETING WEST MEMPHIS CITY COUNCIL OCTOBER 20, 1977 A regular meeting of the West Memphis City Council was held in the council chamber at City Hall in West Memphis, Arkansas, on October 20, 1977. Mayor Joyce T. Ferguson called the meeting to order. Brother Bill Garner of Vanderbilt Avenue Baptist Church offered prayer. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smi th Aldermen: Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower Mayor Ferguson stated the minutes from the meeting of October 6 should be approved or corrected. Alderman Grimsley made a motion that the minutes be approved. Alderman Horton seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously ~' RESOLVED, That the minutes of (minutes} October 6, 1977, are hereby approved ', as sent in the packets. '' The Mayor asked if there were any citizen requests from the ~~ audience to be heard by the council. Tom King appeared opposing the Hotel and Motel tax and asked if he could be heard when the ordinance came up for a vote. S. E. Holbrook appeared and asked if there could be a crossing guard at the intersection of North Seventh Street and Cooper Street for school children having to cross Seventh Street. He also requested a walk be made even if it is just gravel, south from Cooper Street on the west side of Seventh Street as far as the first street going east where the children would cross. After discussion, the Mayor referred the matter to the Street Committee for action. 3~~; Sarah Thurmond, 504 Cole Street, asked the council for gravel to be put at her house so she could get into her home when it rains. She stated she has no city water or sewer. Mayor Ferguson, after discus- sion, turned the matter over to the Utility Commission and asked Alderman Grimsley if he would take this up with the Utility Commission. Ethel Teague, 500 West Front Street, asked the council to help her get a sewer line to her home. After discussion, the Mayor asked Alderman Grimsley to take the matter to the Utility Commission. Rodger Sumpter, 975 Ingram, asked to be allowed to speak later when the council voted on ordinances. Alderman Jackson introduced Rev. Mize of Bethel A. M. E. Church, in the audience. Ethel Pratt, 233 S. 1?th Street, asked if anything could be done about forcing owners of rental houses to make repairs to rental houses. No action was taken nor offered. Ora Mae Washington, 408 South Eighth Street, spoke. There being no other requests from citizens, Mayor Ferguson stated the first item of old business to be the second reading of an ordinance to prohibit through traffic on Broadway. City Attorney Smith read the ordinance the second time. Alderman Morris made a motion to table the ordinance. Upon motion being duly seconded and roll call vote, the motion was defeated by a vote of eight to two. Those voting for tabling the ordinance were: Aldermen Morris, arsd Ray. Those voting against tabling the ordinance were: Aldermen Horton, Jackson, Shelton, Spencer, Woodell, Grimsley, Hampton and Hightower. During discussion, Alderman Spencer yeilded the floor to a citizen in the audience, Howard Terry, 808 Mimosa, who spoke against the ordinance. Alderman Woodell then called for the question and upon roll call vote of nine to one, Alderman Pritchard Horton voting for the ordinance and the other nine aldermen voting against the ordinance, it was thereby (Broadway RESOLVED, That the ordinance prohibiting truck traffic) through truck traffic on Broadway is hereby defeated on the second reading. ~~ 3 The Mayor announced the next item of old business to be the second reading of an ordinance to amend Ordinance 715 concerning portable signs. City Attorney Smith read the ordinance the second time. Alderman Hampton made a motion to adopt the ordinance. Alderman Shelton seconded the motion. During discussion Alderman Jackson yeilded the floor to Rodger Smith, 97 5~Ingram, who spoke against the ordinance to prohibit the signs. After discussion; and upon roll call vote, the ordinance was adopted by a vote of nine to one; Alderman Shelton casting the only negative vote. All other Aldermen voted "Aye". It was :_thereby RESOLVED, That the ordinance amending (portable Ordinance 715 concerning portable signs is signs) hereby adopted on the second reading. Mayor Ferguson stated the next item of business. to be the second reading of an ordinance to establish a 1% tax on hotels and motels and cafes. City Attorney Smith read the ordinance the second time. Alder- man Horton made a motion to -adopt the ordinance. Alderman Ray seconded the motion. During discussion, Alderman Shelton yeildQd the floor to Tom King who spoke against the ordinance. Upon roll call vote, all Aldermen voted "Aye" and it was thereby RESOLVED, That the ordinance establishing a 1% tax on hotel and motel and cafes is hereby adopted on the second reading. Mayor Ferguson announced the next item of business to be the second reading of an ordinance to amend Ordinance 586 adopting the Southern Building Code. City Attorney Smith read the ordinance the second time. Alderman Grimsley made a motion to adopt the ordinance. (tax on hotel motels, etc. Upon motion being duly seconded .and roll call vote, all Aldermen voted "Aye" and it was unanimously RESOLVED, That the ordinance to amend (southern - ordinance -586 adopting the Southern Building bldg. code) Code, is hereby adopted on the second reading. Mayor Ferguson announced the next item of business to be the second reading of an ordinance to amend Ordinance 672 setting a 10% tax on mixed drinks. City Attorney Smith read the ordinance the second 3 time. Alderman Hampton made a motion to table the ordinance indefi- nitely. Upon motion being duly seconded and roll call vote, it was unanimously RESOLVED, That the ordinance to amend (mixed Ordinance 672 setting a IO% tax on mixed drinks) drinks is hereby tabled indefinitely. The Mayor announced the first item of new business was an ordinance to amend Ordinance 915 enlarging the Utility Commission. City Attorney Smith read the ordinance the first time. Alderman Jackson made a motion to adopt the ordinance. Alderman Woodell seconded the motion. During discussion, Alderman Woodell made a motion to amend the ordinance to allow the Utility Commission to re- establish the length of terms of the members if they chose to do so. Alderman Horton seconded the motion. During further discussion, Alderman Ray made a motion to table the ordinance for further study. Alderman Morris seconded the motion and upon roll call vote, the motion was defeated. Voting to table the ordinance were: Aldermen Morris., Ray, Grimsley, Hampton. Voting not to table the ordinance were: Aldermen Horton, Jackson, Spencer, Woodell and Hightower. Alderman Shelton was absent from voting. Upon motion being. made, seconded and unanimously carried for afive-minute recess, the Mayor granted the recess and called the meeting back to order at 3:05 p. m. After further discussion of the Utility Commission ordinance, Alderman Hampton made a motion to send the ordinance to the Ordinance Committee. Upon motion being duly seconded and roll call vote, voting was as follows: Alderman Horton - No; Alderman Jackson -Aye; Alderman Morris -Aye; Alderman Ray -Aye; Alderman Shelton -Aye; Alderman Spencer -Aye; Alderman Woodell - No; Alderman Grimsley - Aye; Alderman Hampton -Aye; Alderman Hightower -Aye. The motion was carried by a vote of eight to two and it was thereby (Utility RESOLVED, That the ordinance increasing Comm. ord) the membership on the Utility Commission is hereby referred to the Ordinance Com- mittee for further study. 3~ Alderman Shelton made a motion that the Ordinance Committee contact each of the members of the Utility Commission to get the feel of the majority of the Commission about the proposed ordinance. Mayor Ferguson asked the Chairman of the Ordinance Committee, Alderman Morris, to take the matter under advisement. Alderman Morris requested the Mayor to ~ appoint one more member to the Ordinance Committee. Mayor Ferguson appointed Alderman Charles Hampton to the Committee. The Mayor announced the next item of business to be an ordinance to increase garbage rates. City Attorney SmitY-i read the ordinance the first time. Alderman Jackson made a motion to adopt the ordinance. Alderman Grimsley seconded the motion. Alderman Hampton made a motion to amend the ordinance for residential pickup to read "$3.40" instead of "$3.80". Alderman Jackson seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously RESOLVED, That the ordinance to increase (garbage rate} garbage rates is hereby amended as follows: Each resident of an apartment occupied by one (1) family, separate metered, separate pickup $3. 40, monthly fee. Alderman Ray made a motion that Section lA be deleted from the ordinance. Upon motion being seconded and roll call vote, it was unanimously RESOLVED, That the ordinance increasing " garbage rates be amended to delete Section lA. All aldermen voted "Aye" for the amendment. Upon roll call vote on the ordinance as amended, it was RESOLVED, That the ordinance increasing ' garbage rates as amended is hereby adopted on the first reading. AlI aldermen voted "Aye" with the exception of Alderman Shelton who voted "No. ' The Mayor, after aone-minute recess, announced the next item of business to be a resolution changing the cut-off time for having items placed on the agenda from Monday at noon preceding council meeting on Thursday to Friday at noon preceding council meeting on Thursday. City Attorney Smith read the resolution. Alderman Morris made a motion to adopt the resolution. Alderman Grimsley seconded the motion and upon roll call vote, it was unanimously (council RESOLVED, That the resolution changing agenda) the cut-off time to have items placed on the agenda from Monday at noon preceding council meetings to Friday at noon preceding council meetings. All Aldermen voted "Aye. " Resolution No. 606 follows on the next page. Alderman Morris announced that the Ordinance Committee will meet regularly on Monday evening at 5:00 p. m. , before council meeting on Thursday. Mayor Ferguson announced a budget meeting at noon next Thursday, October 27. There were no committee reports requiring council action. The Mayor announced the Municipal League meeting in Hot Springs November 9, 10 and 11 at the Arlington Hotel. The Mayor asked the aldermen to call the office the next day to give their reservation requests. The Mayor announced the Public Welfare Hearing on November 17. West Memphis is one of eight cities in the nation chosen for the hearings. The hearing is to be held in the auditorium. The Mayor announced a city holiday November 11. Alderman Jackson reported on her trip to Aspen, Colorado, for a seminar on women in elected office. Alderman Spencer asked that something be done about weeds in the Maple Street area; the back portion of West Wood Acres. /~_ /~~r•~n ~~ ~r7/YJ~ f a y7 r ~Cyr:c ~ S ~`P c~ Gu P ~ c1~5 ~i e.~ c! ~! ~ i i> ~y= r- /11 uJ e~ 5 T 5 ~'-~=-7i G".7 r° (° Ti' ccJ /) . The Mayor announced a personnel session would be held in the conference room following council meeting. ii=crre~~i`vn ~~~4.ties>~~ .J There being no further business to come before the council, Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously carried, the meeting adjourned at 3:45 p. m. } Lv/ 7 ~i~ ~/ Mayor l ATTEST City Clerk G~~~/c~' L~ ~ ~~ ~ 9 ',~% ,~ f °~'~ ~z-mac ce-c~ 1~~~~~ ~~ ~ `~ ~~ ~~, 3 ,~-~ ~. R.ESOL~TION N0. s" ' ~~-iEREAS, the West Memphis City Council bAlievts that it is in the best interest of the City of West Memphis, Arkansas, ±-o have all Ordinances, Resolutions and other matters for the Council cons~de~-s.t~or. to be placed on the Agenda by noon of Friday, preceding the City Council meeting the next succeeding Thursday, and WiiERLAS , tine City Council i~~lembers feel that such ~Jrdinances , F~esolutions and other matters should be forwarded to their home addresses by 5 p.m, of Tuesday, preceding the City Council meeting on the next succeeding Thursday, and WHEREAS, the City Council _f eels the Mayor and/or any taro (2) Aldermen should be the only persons authorized to place items on the Agenda. TtiEREFOP.E, EE IT RESOLVED FY THL CITY COUNCIL OF THE CITY OF ~° 4~TEST ME?~PiIIS , ARKA'~1SAS , THAT : 1. Resolution :~10. 57?_ is hereby repealed. 2. All P.esolutions, Ordinances, and other matters are to he placed on the Agenda by Noon of Friday, preceding the Regular City Council N~eeting on the next succeeding Thursday, and shall '~e forwarded to the Mayor and City Council r'~embers at their home addresses by 5 p.m. o.f. Tuesday, preceding the Council Meetinz on the next succeeding Thursday.. 3. Only tre Mayor and/or any ttiao (2) mem}~ers of the City Council may be authorized to place items on the Agenda. 4. Any item tizat is not placed on the Agenda by Moon of Friday, preceding the City Council ?`~eeting , ~~ay not be brou Pub up at the Council Iieeting unless there ~_s unanimous vote of tze Cit; ^ourcil P?er_zbers present to waive such a re~ui.r_ e?sent . 5 . Special :~!eetings require no ~~genda . PASSED AIvD APPROVE~J tr~is day of ~ ~_ 1`377. ~~ __~~ ~~r,,._.,. ATTEST : .~ ~~ riAYOr ~~ "- CI'~Y CLLRK