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July 20, 19781 MINUTES WEST MEMPHIC CITY COUNCIL JULY 20, 1978 A regular meeting of the West Memphis City Council was held on July 20, 1978 at x: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 Roberta Jackson Doug Morris R . H . Ray C. D. Shelton W. R. Spencer Lloyd J. Woodell Don Gri ms l ey Charles Hampton James Hightower Pritchard Horton Rev. Henry West, Pastor Ingram Blvd. Baptist Church, offered prayer. The minutes, as in the packets, were approved with a motion from Alderman Horton and seconded by Alderman Morris, upon voice vote, the voting was unanimous. Mayor Joyce T. Ferguson requested that the City Attorney open bids for Phase III of the Tilden Rogers Park. Mr. Cliff Jackson, Architect of Jackson and Hudspeth, opened the bids. The bids are as follows: Vance Construction Company Bid: Base $446,000.00 Alternate #1 $ 24,000 Alternate #2 12,200 .Alternate #3 7,700 Alternate #4 500 Alternate #5 11,500 Alternate #6 8,500 Alternate #7 54,500 Heath and House Construction Bid: Base $414,630.00 Alternate #1 $ 23,500 Alternate #2 8,600 Alternate #3 12,800 Alternate #4 1,000 Alternate #5 10,500 Alternate #6 10,500 Alternate #7 56,750 The following citizens had- request: Mr. Leon Duvall, 1405 Rich Road, addressed the council and Mayor concerning the property owners on Rich- Road and adjoining Rich Road. Presented a petition of the property owners, and asked that a decision be made today from the council on the petition. It was suggested by the Mayor that the Council would 2 take a longer recess in order to study the petition, (the petition is on file in the Mayor's office). Mrs. Juanita Smith, 2908 Beatty, asked the council if something could be done about the hayous, where Walker crosses the OK ditch and Beatty. Mr. Barbour, 909 West Walnut, presented to Mayor Ferguson and the council complaints concerning departments of the city, namely the Sanitation Department, Police Department, Street Department, Utility Department, Parks and Recreation, and the Finance Director. Due to the length of this citizen's discussion a motion was made by Alderman Woodell and seconded by Alderman Horton to have a five (5) minutes recess in order to limit the discussion to get with Mr. Barbour duing the recess. Upon voice vote, the voting was unanimous. Mr. S.E. Holbrook, stated to the council that he had a request but he had talked with the Architect, Mr. Cliff Jackson, and the problem has been taken care of, which was in reference to the L. R. Jackson's Community Center. Alderman Horton presented a petitio o the council from a citizen at 3508 Church, who is disabled, requesting permission from the council to allow him to erect a building for the purpose of filing saws at this resident. The petition shows the names of persons in the area who do not object to him erecting this building. Alderman Hortom made a motion that this citizen be granted permission. Upon discussion of the motion Alderman Hampton stated that since this permission request was not on the agenda made a motion that this request first be waived on the agenda and seconded by Alderman Spencer. Upon voice vote of the council, the voting was unanimous. Mayor Ferguson stated since this request is now officially on the agenda it would be appropriate at this time for Alderman Horton to restate his motion. Alderman Horton made a motion that this citizen be granted permission to erect a building for the prupose of filing saws at his resident and seconded by Alderman Shelton. Upon a brief discussion and voice vote of the council, the voting was unanimous and permission was granted. ( A copy of the petition is on file in the Mayor's office). 3 '~ Mayor Ferguson requested that Mr. Avery, Building Inspector, notify this citizen that he has permission from the Council to file saws, at his resident. The next order of business was old business: The City Attorney was asked to read the ordinance amending ordinance No. 715 by adding two additional zoining districts for the second time. A motion was made by Alderman Horton~:and seconded by Alderman Grimsley to adopt the ordinance and upon roll call vote, the voting was unanimous as follows: i~l, Aye: Aldermen: Jackson, Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, and Horton. '~ No: None 2 d Readin . The ordinance passed on the n g The City Attorney was asked to read ordinance to amend section No. 9.2132 of Ordinance No. 715 of West Memphis, Ark. for the third time. A motion was made by Alderman Hampton and seconded by Alderman Morris to adopt the ordinance. Upon roll call vote, the voting was as follows: Aye: Aldermen: Jackson, Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, and Horton. No: None The ordinance passed on the third reading and was given ordinance No. 939, which reads as follows: ~` _ ~.~ ORDINANCE NO. ~f AN ORDINANCE TO AMEND SECTION N0. 9.2132 OF ORDINANCE N0. 715- of WEST MEMPHIS, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 9.2132 of Ordinance No. 715 of the City of West Memphis, Arkansas is hereby amended to read as fol- lows "The gross area of a sign or sign structure including framing but excluding supports, shall not exceed 200 square feet, except that signs or sign structures not exceeding 600 square feet in area are permitted within 700 feet of the interstate highway right of way." ,...~, Passed and approved this ~~-~ ~ day of ./ ~~~ ~ ~~; 1978. CITX OF WEST MEMPHIS, ARKANSAS B Y: ~ ! Wss MAYOR ATTEST: } _f ~~ CITY CLF~ s I~ 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. Alderman Horton made a motion to adopt seconded by Alderman Jackson and upon roll call vote, the voting was as follows: A.ye: Aldermen:. Jackson, Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, and Horton. No: None The ordinance passed on the third reading and was given Ordinance No. 940, which reads as follows: 6 „, ~~ ORDINANCE P10. AN ORDINANCE TO AMEI~ID ING ORDINANCE idtJMBER 716 , SUBDIVISION CODE, SECTION X, DEFINING LOT SPLIT IN THE CITY OF WEST MEMPHIS ARKANSAS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEi~'IPHIS, ARKANSAS: SECTION 1. Ordinance 716, Subdivision Code, Section 10, is amended to read as follows "A lot split is a subdivision which involves the dividing or redividing of a lot or lots within not more than one block of a recorded subdivision, or the dividing or redividing of a previously. unplatted parcel. Furthermore, in either case, such dividing or redividing of either unplatted or previously platted lanti must not involve the dedicating, vacating, widening, narrowing, or change of alignment of any thoroughfare, street, alley, or easement or the installation of any required improvements relative to the subdivision." SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ ,~ ~ ~ rASSED AND ArrROVED this . ,o ~ day •f ~ ~.~' . ~~ ATTEST ,-•," ~ ~ ~. ..,.-.- CITY CLERK "# The next order of buisness was New Business. The city attorney read the ordinance for the creation of a board for examining and licensing gas fitters, for the first time. Due to the length of the ordinance it was suggested by Mayor Ferguson and voice vote of the council that the City Attorney read the subject matter only. A motion was made by Alderman Ray and seconded by Alderman Shelton, to adopt the ordinance. Upon discussion and roll call vote, the voting was as follows: Aye: Aldermen: Jackson, Morris, Ray-; Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, and Horton. No: None The ordinance passed on the first reading. The ordinance for the creation of a board of examining and licensing plumbers. A motion was made by Alderman Morris and seconded by Alderman Shelton that the City Attorney read the sub- stance only because of the length of the ordinance. The City Attorney read the ordinance for the first time. A motion was made by Alderman Jackson and seconded by Alderman Spencer to adopt the ordinance for the first time, and upon roll call vote, the voting was as follows: Aye: Aldermen: Jackson, Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, and Horton. No: None The Ordinance passed on the first reading. The following committee reports were presented: Budget Committee- Alderman Jackson made the Budget Committee Report. She reported that the Budget Committee met on Tuesday, July 18, 1978 and made the following recommendation. 1. Recommends that $100,000.00 from the Utility Department retroactive July 1, be used for salaries by placing it in the General Fund. A motion was made by Alderman Jackson and seconded by Alderman Horton that $100,000 be used for salaries retroactive date July 1, 1978. Upon discussion from the Council, Alderman Shelton made an amendment to the motion that the matter of raises be tabled temporarily until further study. There was no second to that motion. Alderman Hampton stated to the council that he did not have time to study this, "I am taking the Mayor's word and that i~; what I am relying on at this time, that it will be distributed properly." a The following council members made comments on the motion namely Aldermen Spencer, Hightower, Ray, Horton, Jackson, Woodell, Grimsley, Shelton and Morris. After further discussion on the motion and roll call vote, the voting was as follows: Aye: Aldermen: Jackson, Morris, Ray, Spencer, Woodell, Grimsley, Hampton, Hightower and Horton No: None Pass: Alderman Shelton Alderman Shelton stated that since it has been unanimous with the rest of the council member, I will change my vote to "yes". Mayor Ferguson stated the motion passed and the funds will be transferred to the salaries account. Fire Commission Committee Alderman Ray reported that the fire department still need new cars. Sanitation Committee Sanitation committee met on July 11, at 3:00 P.M. reported by Alderman Grimsley. Alderman Grimsley made a motion that the Sani- tation Department have permission to advertise for bids for ten (10) dumpsters and seconded by Alderman Jackson. Upon voice vote, the voting was unanimous. Permission was given to the sanitation department to advertise for bids on ten (10) dumpsters. Alderman Grimsley made a motion for permission to advertise for bids for one leaf machine and seconded by Alderman Jackson. Upon discussion of the motion and voice vote, the voting was unanimous and permission was granted to advertise for one leaf machine. Insurance Committee Alderman Woodell reported that the insurance committee met and discussed payroll deductions for insurance, but did not wish to consider at this time. Street Committee Alderman Horton reported Mrs. Wheeler met with three representatives from the Post Office and they reported it would cause an estimated $50,000 to put the street through as requested.. They do not have the finance available. They di,d agree to put the drop boxes on North 6th Street. i ' e7 l He further stated that the estimated cost of the si dewal k on Cooper and N. 7th Street will cost an estimated $1,500 and the committee approved to do this work. During discussion on the sidewalk on Cooper and N. 7th Street Alderman Hampton made a recommendation that the sidewalk not be next to the curve. The Mayor informed him that the Street Committee will ' take this under advisement. Alderman Horton further stated that the City Asphalt madetasahalt ready p ' costing more to operate that it would cost to purchased and also the plant could not produce- the amount of asphalt needed. He made a motion ready made to sell the asphalt plant and purchase the~;asphalt needed and seconded ~, by Alderman Morris. Upon discussion of the motion namely Aldermen Grimsley, Hampton, Hightower, and voice vote, the voting was unanimous. The Street Department was given permission to sell the asphalt plant. '' The street department recommended to the council that a resolution be drawn up by the City Attorney to AP&L to move their pole. This resolution is to be presented at the next council meeting. This pole is located on West Jackson and N.E. corner of South Avalon. During the discussion Alderman Horton changed the recommendation to a motion requesting the Utility Commission to contact AP&L that they move this pole, upon voice vote of the Council and seconded by Alderman Hampton. It was further discussed and suggested by the Mayor that Alderman Grimsley contact the Utility Department concerning this matter. Ordinance Committee Report by Alderman Hightower Reported that the Ordinance Committee met on July 14, 1978 at 10:00 in the conference room at City Hall. Stated that two ordinances ...were presented, a new plumbing and gas ordinance that was written by the City's plumbing and gas inspector consisting of sixteen (16) now existing plumbing and gas ordinances compiled making the two ordinances. A request was made from the Police Department that a representative from Logan Lesh Communications be present in council meeting to represent themselves as to why they did not respond to an emergency call made by ' the Police Department during the night of the storm in West Memphis. Several questions were asked by the council. members to the two representatives-from Logan Lesh as to their failure to respond to an emergency call. The representatives were Mr. Pelton and Mr. James Wallace representing Logan Lesh Communications. Upon discussion it was stated by Alderman Morris that these two representatives be invited to attend the Police Commission Meeting in August, before making a decision to terminate their contract with the City. During further discussion on the matter a motion was made by Alderman Grimsley that this be tabled until further study and seconded by Alderman Spencer. Thereupon voice vote of the council, the voting was unanimous. Mayor Ferguson made the following appointments: Mr. Don Burnett, Airport Commission for a five (5) year term and-upon voice vote of the council, the voting was unanimous. Mr. Floyd Boyce, 2521 Jackson, to the park commission andupon voice vote of the council, the voting was unanimous. Announcements Mayor Ferguson announced that the Mayor was calked by Congressman Bill Alexander's office to submit a full application for our small cities grant to be submitted to the Department of Housing and Urban Development. Alderman Grimsley stated to the Council that Mr. Floyd Franklin should be given a resolution for his outstanding work on the Park Commission. Mayor Ferguson suggested .that City Attorney Smith take care of this matter of writing the resolution. Alderman Woodell suggested that there should be something done about the portable signs, in our city. Alderman Morris stated to the Council that something should be done a-bout the petition that Mr. Duvall presented to the council earlier. This was discussed by the Council and Mrs. Wheeler, who pleaded with the council not to do away with the resolution completely concerning the Transportation Plan, because the FAU funds will be taken away from the City. Upon discussion of this petition by Mr. Duvall, Alderman Morris made a motion that this petition be referred to the transportation committee with a recommendation and voice vote of the council that Rich Road be deleted from the plan with special reference to items 11, 17, and 19 in the petition, and upon roll call vote, the voting was as follows: Aye: Aldermen: Jackson, Morris, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower and Horton. No: None The motion passed. Alderman Shelton made a motion to the Council that a resolution be worded by the City Attorney to the Sheriff Department, Police ~I De artment, and Sanitation Department, .for their Department, Fire p outstanding contribution to the City of West Memphis during the storm on July 13, and seconded by Alderman Ray, and upon voice vote of the council, the voting was unanimous. Alderman Morris stated to the Council that Mr. Bill Catt and Mr. Floyd Hudson be awarded a citation for their outstanding and i '~ volunteer work during the storm of July 13. ''~ Alderman Jackson complimented the city employees on the '~~ dedication showed during the storm of July 13. II'~, Alderman Grimsley made a motion to adjourn seconded by Alderman ' Spencer and upon voice vote, the voting was unanimous. PASSED AND APPROVED this date of 1978. ~ ' ATTEST: ~~ CITY CLERK O~ ~1 MAYOR