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December 15, 1977."~ "t MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 15, 1977 A regular meeting of the West Memphis City Council was held at 1:30 P. M., on December 15, 1977, in the Council Chamber at West Memphis City Hall. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray being a quorum. Mr. Albert Berthouex from the First United Methodist Church offered prayer. The mayor announced the necessity of approving or correcting the minutes of November 17, 1977, and December 1, 1977. Alderman Morris stated the minutes of November 17, 1977, should be corrected to show an amount of $500, 000 instead of $3, 500 for a million gallon storage tank for the Utility Department. Also, the word "committee" should be changed to read "Commission" in the November 17, 1977, minutes referring to the Utility Commission. Alderman Hampton made a motion to approve the minutes of November 17 as corrected and the minutes of December 1, 1977. Alderman Spencer seconded the motion and upon voice vote, all alder- men voted "Aye" and the minutes of November 17, 1977, were unanimously approved as corrected and the minutes of December 1, 1977, were approved. (Com. Dev. 1978 prog. ) adopted Mayor Joyce Ferguson announced the first item of business to come before the council to be a resolution adopting the 1978 Community Development Program. City Attorney Robert Smith read the Resolution. Alderman Doug Morris made a motion to adopt the Resolution. After discussion and upon roll call vote, the Resolution was adopted by a vote of eight (8) to two (2). Those voti~n.g in favor of the Resolution were as follows: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton , Horton, Morris and Ray. Those voting against the Resolution were: ~C ouncilwoman Jackson and Alderman Hightower. It was thereby RESOLVED, That a Resolution adopting the 1978 Community Development Program is hereby adopted by the West Memphis City Council, and given number 612. A copy of the Resolution follows. RESOLUTION NO. C I Zi RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AUTHORIZING FILING OF' COMMUNITY DEVELOPMENT PROGRAM APPLICATION, APPROVING PLANS, MAKING CERTAIN ASSURANCES TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING MAYOR 'TO CERTIFY CON TENTS OF THIS RESOLUTION. WHEREAS, The City of West Memphis, Arkansas is desirous of continuing in the undertaking of a variety of community improvement activities with funds available under the provisions of Title I of the Housing and Community Develop- ment Act of 1974, Public Law 93-383; and has prepared for this purpose a Community Development Program Application containing a summary of a three-year Community Development Plan, a Fourth Year Program and Budget, a revised Housing Assistance Plan, and statements regarding the status of ., x ' environmental impact assessments pertaining to .the requested ~' projects and activities; and WHEREAS, On the basis of the City Council's review of the materials related to the Fourth Year Community Development Program Application, and in light of its desire to undertake Community Development Program activities and projects, the City Council hereby determines that the public interest will be served by making the findings, determinations, approvals, and authoriza- tions contained herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ~ ~ CITY OF WEST MEMPHIS, ARKANSAS: p. ~ 1. That. the Application for Federal assistance on Standard Form 424, dated December 15, 197`l; the Community Development Pro- gram on Form HUD-7015. 1; and the Community Development Budget on Form HUD-7015. 5, accompanying said Application, are hereby approved and the Mayor is authorized to file said forms and related papers, maps, and assurances with the Department of Housing and Urban Development. 2. That the Community Development Plan as amended through Amendment No. 5, dated December 15, 1977, and the revised Housing Assistance Plan are hereby in all respects approved as planning documents to guide the City's activities during the I i Fourth Year of the Community Development Program. 3. That it hereby recognizes that the Community Development flan, as amended, and the Housing Assistar_ce Plan, as amended, shall be revised at a later date to formulate the basis for the Application for funding for the Fifth Year of the Community Development Program, and that such revisions shall be the subject of eventual review and approval of the City. 4. That the Department of Housing and Urban Development is hereby assured that the City will comply with the requirements of Section 570. 309 of notifying the general public through publi- cation of legal notices that the Application has been filed respectively with the A-95 Clearinghouses and the Department of Housing and Urban Development, and that persons may challenge the consistency of facts and assurances contained in said Application. 5. That the City herein makes tree assurances and certifications required by the Department of Hcusing and Urban Development as included on Exhibit I, Assurances, which is attached hereto and incorporated herein as part of this resolution. 6. That this resolution shall take effect immediately. DATE PASSED: ~ ~ ~~ ' ~. Mayor ATTEST • ~-- ~ ^ `, l'~ _..- - `~ City Clerk Exhibit I: Assurances ,~ 3 ~~ The mayor recognized Cy Bond who advised the council that the Airport Commission requests approval for accepting a planning grant offer in the amount of $31, 500. 00, for developing a master plan for the airport. Mr. Bond stated the City of West Memphis will not be obligated for funds except through the Airport Commission who will supply the necessary money to match federal money. Alderman Hampton made a motion to grant approval for ac- cepting the planning grant offer. Alderman Grimsley seconded the motion. After discussion and upon roll call vote, it was unanimously RESOLVED, That approval is hereby given for accepting a planning grant offer in the amount of $31, 500. 00 for developing a master plan for the airport. Authorization is hereby given by the West Memphis City Council for the necessary forms to be properly executed in applying for and accepting the grant. Mr. Bond also stated that approval by the West Memphis City Council is also requested. by the Airport Commission for a construction grant agreement. The construction grant would enable the Airport Com- mission to purchase an additional twenty acres of land adjoining the air- port, rebuild runways and drainage ditches, the grant being for $250, 000 and at no request to the city for funds by the Airport Commission. Alderman Grimsley made a motion to grant approval of the construction grant agreement. Alderman Horton seconded the motion. After discussion and upon roll call vote, it was unanimously ,I~,ESOLVED, That approval is hereby given by the West Memphis City Co~a.ncil for the construction grant agreement and authoriza- tion is hereby given for the proper execution of the necessary forms. 3 The mayor recognized Joyce Jordan, 506 North Eighth Street, who was interested in putting in a beauty shop at the above address and requested permission from the council. Alderman Horton stated he had received a petition from the neighborhood with no objections to having a beauty shop located in that area. City Attorney Smith cautioned the council in respect to the zoning ordinance and the proper procedure of going through the Plan- ning Commission to obtain spot zoning. After discussion, Alderman Grimsley made a motion to grant permission to Ms. Jordan to operate a beauty shop at 506 North Eighth Street for a period of one year. Alderman Horton seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously (beauty shop) RESOLVED, That aoyce Jordan is hereby given permission to ope rate a b e auty shop at 506 North Eighth Street for a period of one year. Mayor Ferguson announced that the next item on the agenda was a discussion of the employee pension plan. Alderman Shelton made a motion to postpone this discussion until next council meeting. Upon motion being duly seconded and voice vote, all aldermen voted "Aye" and it was unanimously (pension plan) RESOLVED, That a discussion of the employee pension plan is hereby postponed until next council meeting. The mayor stated the next item of old business to be the third reading of an ordinance to amend Sec. 8. 2 of Ordinance 715 to permit mini-warehouses. City A.~ctorney Smith read the ordinance the third time. Alderman Grimsley made a motion to adopt the ordinance on the third reading. Alderman Morris seconded the motion. After discussion and upon roll call vote, all aldermen voted "Aye" and it was unanimou sly (miniwarehouses) RESOLVED, That the ordinance to amend Sec. 8. 2 of Ordinance 715 is hereby adopted on the third reading and given number 921. Copy of the ordinance follows. ~' ~ ORDINANCE NO. ~,~:.--- .,~ AN ORDINANCE TO AMEND SECTION 8.2 OF ORDINANCE NO. 715 OF WEST MEMPHIS, ARKANSAS AND FOR OTHER PURPOSES ~ ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 8.2 of the Ordinance No. 715 of the City of West Memphis, Arkansas, is hereby amended to include a new classification as follows: Mini-warehouse storage. Mini-warehouse shall be allowed, from this date, on lands zoned M-l. Mini- .... warehouses shall also be allowed, from this date, on lands zoned B-2, provided that a special zoning permit has been requested of and is approved and granted by the Board of Adjustment, or other authorized city i office or agency of the City of West Memphis. It is further provided that each request for such special zoning permit must be applied for, considered, and ruled upon separately and on a case by case basis. Section 2. Section 15 of Ordinance No. 715 of the City of West Memphis, Arkansas, i_s hereby amended to include an .additional definition as follows: Mini-warehouse storage. Mini-warehouse storage facilities shall be deemed to include one or more permanent structures, meeting applicable city building requirements, which contain separate storage units or cubicles that are intended to be leased by members of the public. On lands zoned B-2, not more than 1C1~ of such structure cr structures may be leased to a single lessee, unless specific permission is first obtained from the.Board of Adjustment. Furthermore, the active utilization of 11-«1 Q~~~ any storage space or cubicle within a mini-warehouse storage area for a retail or wholesale business operation on such site is expressly prohibited. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED this .~ ~ day of ,~~~' ='~ - ~~~ ~ ~ ~', 19 7 7 . -~- CITY OF WEST N~EMPHIS ~~ BY: J CE F RGUSUN, Mayor ATTEST: ,~l ...______ r - / r Sw ~ City C erk 387 The mayor stated the next item of business to be an ordinance to amend Ordinance 835 amending the title of the Civil Service Ordinance . City Attorney Smith read the ordinance the third and final time. Alder- man Morris made a motion to adopt the ordinance on the third reading. Alderman Woodell seconded the motion. There being no discussion and upon roll call vote, all aldermen voted 'Aye" and it was unanimously RESOLVED, That the ordinance amending Ordinance 835, amending the title to the Civil Service Ordinance is hereby ack~pted on the third reading and given number 922. A copy of the ordinance follows: ORDINANCE NO. 922 AN ORDINANCE TO AMEND ORDINANCE NO. 835, WHICH IS AN ORDINANCE TO ESTABLISH A CIVIL SERVICE SYSTEM FOR WEST MEMPHIS, ARKANSAS, BY ADDING A NEW TITLE, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: s SECTION 1. Ordinance No. 835, dated June 5, 1975, is amended in the Title to read as follows: "AN ORDINANCE TO ESTABLISH A BOARD OF CIVIL SERVICE COMMISSIONERS FOR CITY EMPLOYEES OF THE CITY OF WEST MEMPHIS, ARKANSAS, EXCLUSIVE OF THE CHIEFS OF POLICE AND FIRE DEPARTMENT AND CITY DEPARTMENT HEADS DESIGNATED BY THE MAYOR AND APPROVED BY THE CITY COUNCIL PURSUANT TO THE AUTHORITY CONTAINED IN ACT 292 AND ACT 614 OF THE REGULAR 1975 SESSION OF THE STATE OF ARKANSAS GENERAL ASSEMBLY, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. " PASSED AND APPROVED this 15th day of December 1977. /s/ Joyce T. Ferguson JOYCE T. FERGUSON ATTEST: MAYOR / s / Charles F. DeGraff CHARLES F. DEGRAFF CITY CLERK X88 Mayor Ferguson stated it was necessary to consider an ordinance waiving the bids for the repairs and parts of equipment needed in the Utility Department. City Attorney Smith read the ordinance in full for the first reading. The mayor asked Mr. Para, Manager of the Utility Department, to make an explanation of the purpose of the ordinance. Mr. Para explained the necessity of the repairs and possible costs. Alderman Jackson moved that the rule requiring the reading in full on three different days be suspended. Alderman Horton seconded the motion. Upon roll call vote, all aldermen voted "Aye" and the rule was suspended. City Attorney Smith read the ordinance the second time. Alderman Spencer moved the rule requiring the ordinance read on three different days be further suspended. Alderman Hightower seconded the motion. Upon roll call vote, all aldermen voted ''Aye" and the rule was suspended. The City Attorney read the ordiannne the third and final time. Alderman Hampton moved the ordinance be adopted. Alderman Woodell seconded the motion and upon roll call vote, all aldermen voted "Aye. ' Alderman Ray moved that Section ~, the emergency clause be adopted. Alderman Jackson seconded the motion and upon roll call vote, all aldermen voted ''Aye'' and the ordinance and the .emergency clause were adopted. The number given the ordiance in 923. A copy of the ordinance follows. ~.. i I I '. ~~a. ! ~ '~ J ~, -.-y ~ _ N ~ ~. --~ ORDINANCE 0 __ AN ORDINANCE TO ~tiTAIVE CO?~'IPETITIVE BIDDING, ESTABLISHING AN EMEP,GENCY AND FOR OTHEP~ PURPOSES. WHEREAS, Arkansas Statute 19-4425 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical, and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CIiY COUNCIL OF THE CITY OF WEST MEMPHIS, ARLZANSAS: 1. That competitive bidding be waivc3 for the following items to be used by the City, which are described as follows: 10' Column Pipe 1500 GPNI 3 Stage 7 13/16 Impellar Bronze Bowl No. 4 High Service Pump H.P. 100 U. S. Motors PH. 3 - 60 Cycles Vo~_tage 220/440 - RPM 1800 Frame 444 UP Volt Amps 1?_2.5 Hi L ~+ Low Type HU-3, Design B, Code F Rating 40o C Serial ;1280318 No. 5 High Service Pump H.P. 100 U. S. Motors PH. 3 - 60 Cycles Voltage 220/440 RPM 1800 Frame 444 UP Volt Amps 122.5 Hi 5 Low Design B, Code F, Rate 40o C Bearing Sizes Upper 7322 M, Lower 6218) Oil Capacity Upper 42, 1 Lower 1 3/4 Qts. Serial ~~1240650 2. Emergency Clause. It having been found and determir_ed by the City Council of the City of West Memphis, Arkansas that there is an unbent need by tip? City of West t'~emphis for the items described above, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of ~~1est Memphis, Arkansas, shall be in fu?1 fo~cz and effectr'r~m and after the date of its passage and approval. ~. PASSED Al`3L~ APPROVED. this ,~-..'~ day of~- t-C-~ rz-L--~(~-,,t.,.'~~~., 1977. ATTEST: _ ~ _ .w--~-.~~' j ---~' CITY CLERK d`` ~ rv~YOR i 3 Mayor Ferguson recognized Steve Mathews, 34? North Worthing- ton, who spoke to the mayor and council concerning the condition of an alley he wanted to use for parking while construction was being done on North Worthington Street. Because of the weather and the digging by the telephone company and the gas company and a scarcity of gravel, Mr. Mathews stated he and others in the area found it inconvenient to park and requested the council to do something about the situation. After an explanation by the mayor that this was a Community Development project for which money had already been appropriated, and discussion by the council and interested parties, the mayor stated the matter will be taken under advisement. After further discussion about the street, the mayor appointed a committee of Eddie Brawley, P. E. , Don Grimsley, Doug Morris, Jay Woods, Pritchard Horton to discuss this with Woodstock Construction Company. The mayor asked the com- mittee to meet the next day and work something out. The mayor stated the next item on the agenda was a resolution requested by the council to be given to Tom Montgomery who had resigned his position as Deputy City Attorney. City Attorney Smith read the resolution. Alderman Shelton made a motion to adopt the resolution. Alderman Spencer seconded the motion and upon voice vote, all aldermen voted "Aye" and the resolution was adopted and given number 613. A copy of the resolution follows. 3 RESOLUTION N0. ~ ,~ APPRECIATION TO MR . THOMAS G . MONTGOI~TERY , ASSISTANT CITY ATTORNEY, CITY OF WEST MEMPHIS, ARKANSAS, FROM JANUARY 23, 1975, TO DECEMBER 1, 1977. WHEREAS, Mr. Thomas G. Montgomery, was employed by the City of West Memphis, Arkansas, as Assistant City Attorney from the 23rd day of January, 1975, until December 1, 1977, and Tr1HEREAS, during the time Mr. Montgomery performed the duties of Assistant City Attorney he demonstrated qualities and abilities which reflected credit upon the City of West Memphis, and WHEREAS, recent developments have caused Mr. Montgomery to assume a position of higher standing in salary; THEREFORE, BE IT RESOLVED, that the City Council of the City of West Memphis, Arkansas, desires to commend Mr. Thomas G. Montgomery for the services he has rendered the City of West Memphis, Arkansas, and wish him well in his new assignment. I i L. _~. PASSED AND APPROVED this ATTEST: 1 l E'er ''~..E CITY. CLERK ~_ ~da of Y ~`~1 MAYOR i The mayor announced the next item on the agenda was the consideration of the 1978 budget. Alderman Grimsley made a motion to postpone discussion of the budget until Wednesday, December 28 at 5:30 P. M. Alderman Hampton seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously RESOLVED, That discussion of the 1978 budget will be postponed until Wednesday, December 28 at 5:30 P. M. Alderman Jackson, Chairman of the Sanitation Committee reported that there were 17 schools which were only being charged $3. 00 per month for garbage pickup and made a motion that these schools be charged $47. 50 per month. Alderman Hampton questioned this action without an ordinance being passed to that effect. City Attorney Smith advised an ordinance was necessary to charge an increased rate. After further discussion, Alderman Jackson withdrew her motion and asked that the matter be turned over to the Ordinance Committee. Alderman ~,~orris, Chairman of the Ordinance Committee, advised the Ordinance Committee would meet to discuss the proposed increase. Alderman Woodell, Chairman of the Committee on Higher Education, recognized Margaret Woolfolk who made a statement con- cerning the possibility of adult education at the West Memphis Educational Center by the West -Memphis School District. Alderman Woodell stated the necessity of having a study done before ASU will move and Alderman Woodell made a motion to authorize the mayor to request through the Trustee in West Memphis that the University of Arkansas do a study for us without charge to the city. Upon motion being duly seconded and unanimously carried, the mayor stated that a resolution will be prepared to that effect. Mayor Ferguson asked the council if they would accept a CETA grant for winterizing homes, for the mayor to be empowered to sign and accept the agreement which would allow us to winterize approximately one hundred to one hundred twenty homes; the labor to be about $75, 000, fifteen men, one field supervisor and with the expectation of getting $54, 000 for material from Dallas. This would be for a forty week 3 ~~~~ ~-` period and would end on September 30, 1978. The mayor asked if there was a motion that the CE TA grant be accepted. Alderman Jackson made a motion to accept the grant. The motion was seconded. Alderman Shelton asked if there were going to be qualifications the field supervisor would have to meet. The mayor said he v~o uld be hired through the Employment Security Division and we would get the best we could from the employment office meeting the criteria. Alderman Hightower asked whether the winterizing would be done on rental houses or by owner-occupants. The mayor stated the program will be administered by Mr. Timothy White according to guidelines. Alderman Jackson advised that Mr. White has done a study on this and had certain information available. Upon voice vote, all aldermen voted "Aye'` and it was unanimously (CE TA grant RESOLVED, That the CE.TA Grant will winterize homes) be accepted and the mayor is hereby empowered to sign and accept the agree- ment to allow the city to winterize 100 to 120 homes in West Memphis according to guidelines. Alderman Horton asked that the rules be suspended to allow the matter of replacing a heater at the Educational Facility to come before the council. Alderman Grimsley made a motion to put the matter on the agenda. Alderman Ray seconded the motion. Upon voice vote, it was unanimously agreed that the matter could come before the council. Alderman Horton stated that the heater had gone out and a service repairman had told him the heater could not be repaired and would cost $3500 to $4000 to replace. Alderman Horton asked the council if this should be put out on bids. The mayor asked Dick Tidwell how much money was in the Educational Center account and learned the account has a balance of $6, 000 to $7, 000. Alderman Woodell stated specifications should be written care- fully if we need a complete new installation. Alderman Morris made a motion to advertise for bids on the heater. Alderman Grimsley seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously 3 RESOLVED, That permission is hereby granted to advertise for bids for a new heater installation at the Educational Center. (Educational Center heater) Mayor Ferguson made the following appointments to the Board of Review and asked for confirmation by the council: Lloyd Britt, Ward 4; Barbara Lehr, Ward 1; Loretta Williams, Ward 5; Effie Jones, Ward 5; Shirley Bass, Ward 5; Martha Robbins, Ward 4; Alix Dunlap, Ward 2; Wilma Campbell, Ward 3, Florence Perkins, Ward 5, R. G. Friday, Ward 1; Marilyn Bennett, Ward 3; Robert Smith. Alderman Grimsley made a motion to confirm the appointments. Upon motion being duly seconded and voice vote, all aldermen voted "Aye" and the motion unanimously carried confirming the appointments to the Board of Review. Mayor Ferguson appointed Alderman Grimsley and Alderman Jackson to work with her on the City Promotion Committee. The mayor announced that she had received a letter of resigna- tion from Jerrold Weisburd resigning from the Civil Service Commission. The mayor asked the aldermen from Ward 1 to select another nominee for the Civil Service Commission. Mayor Ferguson asked the members of the Police Commission and the Fire Commission for next year to elect their chairman and tell her who had been elected before the next regular council meeting. The mayor invited the aldermen and the City Attorney to the Christmas party at 3:00 p. m. , December 22. The mayor also announced that December 23 will be a holiday for city employees. There being no further business to come before the council, Alderman Grimsley made a motion to recess the meeting until 5:30 P. M. , Wednesday, December 28. Alderman Shelton seconded the motion and upon voice vote and motion being unanimously carried, the mayor recessed the meeting at 3:00 P. M. Attest: ~~~ MaYOr City C1e rk Date Approved: Prepared by: '