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September 7, 1978._s MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 7, 1978 The regular meeting of the West Memphis City Council was held on September 7, 1978 at 1:30 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: C.D. Shelton W.R. Spencer Lloyd J. Woodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R.H. Ray Father Fileatreau, Holy Cross Episcopal Church, West Memphis, offered prayer. A motion was made by Alderman Hampton and seconded by Alderman Morris that the minutes, as in the packets, be approved and upon voice vote, the voting was unanimous. The minutes were approved as in the packets. The following citizens had request: Alan Hicks, 327 South 11th Street, made a request concerning the abandoned houses in West Memphis by requesting that they be torn down, by having some action from the Council. During this citizen's request there was discussion from Mr. Calvin Avery, Building Inspector, who stated the law requirement for abandoning houses as to why something has not been done. There was also remarks form Alderman Jackson. Mr. Spears, representing Mr. Billy Johnson, addressed the Council instructing the Council that his off ice sent an ordinance on September 1, to the Mayor's off ice and would like to get that ordinance on the agenda at this time. A motion was made by Alderman Ray and seconded by Alderman Hampton that the rules be waived and the Ordinance from Mr. Spears be put on the agenda. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton Jackson, Morris, and Ray. No: None The motion passed, and the material will be added on the agenda. Mr. S.E. Holbrook, made a request to the City Council that he feels that the L.R. Jackson building is not up to standards and would like for the Council to take some action on this matter. 55 During this citizen's request Mayor Ferguson appointed a committee to Mr. Holbrook on the L.R. Jackson's problem. The committee appointed work with was Aldermen: Shelton, Hampton and Spencer. Mr. Leon Duvall, 1405 Rich Road, made a request that the Council put the Rich Road Ordinance at the beginning of the agenda due to citizens having limited amount of time. A motion was made by Alderman Grimsley and seconded by Alderman Shelton to put this matter at the beginning of the agenda. Upon voice vote, the voting was unanimous. The City Attorney was asked to read the ordinance the first time with a motion from Alderman Morris and seconded by Alderman Hampton to adopt the ordinance on the first reading, without the emergency clause. During discussion on this ordinance namely Alderman Shelton, Alderman Horton questioned Section 4 of the Ordinance, Alderman Hampton, Alderman Spencer directed a question to the City Attorney concerning Rich Road Ordinance, Alderman Jackson, Alderman Ra.y gave their personal comments on the ordinance. Alderman Morris called for the question and seconded by Alderman Shelton. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Grimsley, Hampton, Hightower, Jackson, Morris, Horton, and Ray '~ No: Alderman Woodell Mayor Ferguson requested a roll call vote on the passage of the ordinance on the first reading. Aye: Aldermen: Shelton, Spencer, Grimsley, Hampton, Hightower, Jackson, Morris, Woodell, and Ray. No: Alderman Horton The ordinance passed on the first reading. Mayor Ferguson asked for other citizen request and the following person had a request, Mr. Skip Wallin, who addressed the Council asking that the emergency clause be included in the ordinance. The City Attorney was requested by the Mayor to read the ordinance the first time with the emergancy clause and suspend the rules on three different days. A motion was made by Alderman Morris and seconded by Alderman Hampton. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris and Ray. No: None The rules were suspended and the ordinance passed on the first reading with the emergency clause added. 56 The City Attorney read the ordinance for the second. time, the ordinance vacating and abandoning certain right-of-way of Rich Road in the City of West Memphis, declaring an emergency and other purposes. A motion was made by Alderman Grimsley, and seconded by Alderman Spencer to adopt the ordinance on the second reading and to further suspend the rules. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. ,,,,~ No: None The Ordinance passed on the second reading with rules being further suspended. The City Attorney was asked to read the ordinance for the third and final time. A motion was made by Alderman Shelton and seconded by Alderman Morris, to adopt the ordinance. Aye: Aldermen: Shelton. Spencer. Woodell. Grimslev, Hampton. Hightower. Horton. Jackson and Rav. No: None The ordinance passed on the third reading. A motion was made by Alderman Morris and seconded by Alderman Shelton to adopt the emergency clause. Upon roll call vote, the voting was as follows: Ave: Aldermen: Shelton, Spencer, Woodell, Hampton, Hightower, Horton, Jackson, Morris, and Rav. No: None Absent from voting: Alderman Grimslev. The ordinance passed with the emergency clause and was given Ordinance No. 945, which reads as follows: :~ ORDINANCE NUJ. 945 AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHT OF WAY OF RICH ROAD IN THE CITY OFURPOSESEMPHIS, DECLARING AN EMERGENCY AND OTHER WHEREAS, various citizens and residents of Rich Road in the City of West Memphis, Arkansas have made known to the City Council of West Memphis, their desire for the City of West Memphis to vacate and abandon certain right- of-way or easement of said City along and adjacent to the said Rich Road; and, WHEREAS, after careful consideration and deliberation by the City Council of the City of West Memphis relative to same, the City Council of the '' City of West Memphis has determined that: 1. It has lawful authority to vacate public streets, rights of ways, or portions thereof under authority of Act 67 of 1885 Acts of Arkansas, as more specifically referred to in Ark. Stats. Ann. §19-2304; 2. That Act 67 of 1885 was not repealed by Act No. 17 of the 1945 Acts of Arkansas, as more specifically .referred to in Ark. Stats. Ann.~19-3824 through §19-3830; 3. That the above sections 1 and 2 have been clearly stated by the Supreme Court of Arkansas in the following cases; Cernanskas v. Fletcher, 201 S.W. (2} 999; Brooksher v. Jones, 386 S.W. (2) 253; City of Little Rock v. Linn, 432 S.W. (2) 455; Freeze v. Jones, 539 S.W. (2) 425; Stephens v. City of Springdale, 350 S.W. (2) 182; and Risser v. City of Little Rock, 281 S.W. (2) 949; 4. That such authority of said City Council having been authorized as aforementioned, it is only incumbent on said City Council to determine that said vacation be based on a determination and finding that such portion of Rich Road to be vacated is not required for corporate purposes; 5. That the portion of Rich Road right-of-way hereinafter described under consideration to be vacated, is not required for corporate purposes; that no public inconvenience would result from such vacation or abandonment, that the public interest and welfare would not be adversely affected; that the ownership in fee of said property to be vacated already vests in and belongs to the abutting owners together with all rights nor inconsistent with the public use with which the property to be vacated was dedicated according to language of the Arkansas Supreme Court in Freeze v. Jones, 539 S.W. (2) 425; and, .hat proceeding under Ark. Stat. Ann. §19-2304, the Petition, Consent of Abutting Owners, Publication of Notice of Nearing to Vacate, Hearing and Ordinance Consideration are not I re aired as under Ark. Stats. Ann. X19-3824, heretofore mentioned. q NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1, The City of West Memphis, Arkansas, hereby releases, vacates, 'ts ri hts, to ether with the rights of the public generally, in and and abandons all i g 9 to the following described Rich Road Street right of was as follows: - utside the resent All that portion of Rich-Road right-of way o P paved street portion (this date) extending from its intersection ~'"+ with ten mile bayou north to its intersection with the right-of- way of U.S. Interstate Highway 40; subject to existing easements this date for public utilities. Section 2, A copy of this Ordinance duly certified by the City Clerk shall • be fi 1 ed i n the office of the recorder of the County and recorded i n the deed records of Crittenden County, Arkansas. Section 3, This ordinance shall take effect and be in full .force and effect from and after its passage, and in the exercise of its powers for proper administration of municipal affairs, the City Council of the City of West Memphis finds that this Ordinance is immediately necessary for the protection and pre- •servation of the public peace, health, safety, welfare and betterment and an emergency is hereby declared. Adopted thi s _ 7th ~_ day of September _ 1978, ~~ MAYOR ATTEST: • ~ ~`~ CITY CLERK ~" D A ', A five minute recess was called for by Alderman Morris and seconded by Alderman Shelton. The meeting was called back to order by Mayor Joyce T. Ferguson at 2:36 P.M., with a citizen request from Mr. Stanley Card, 708 Dover Road, requesting that something be done about the tennis courts and would like some action from the council on this matter. There were also comments form the Parks and Recreation Director, Mr. Lee Cramer, who was the spokesman for the Park Commission. Mayor requested that Alderman Grimsley relay the council's feeling to the Park Commission about the tennis courts. And also Alderman Grimsley suggested that he and Mr. Cramer would visit Heath and House Construction Company and check into the problem. Mr. John Traugh, 913 Roselawn, made a request to the Council that something be done concerning the West Memphis Recreational Complex. ~I , Rev. Ron Mizer, 800 Thompson, made a request to the Council not to. rezone certain sections in the M. L. Thompson Subdivision of the. City of West Memphis and do not change the.Comprehensive Plan from Residential to Industrial and also made a request that the council move this matter up on the agenda earlier that scheduled. A motion was made by Alderman Grimsley and seconded by Alderman Shelton that this matter be taken up on the agenda at this time. Upon voice vote of the council, the voting was unanimous. Mayor Ferguson requested that Mr. Spears be on hand for discussion of the Ordinance or the Resolution presented. ~ City Attorney Smith was asked to read the Resolution recommending a change in the Comprehensive Plan of the M.L. Thompson Subdivision. Alderman Horton made a motion to adopt the resolution and Alderman Ray seconded the motion. During the discussion from Alderman Shelton, who pointed out that the Planning Commission rejected this resolution. Alderman Horton stated that the reason why he voted to adopt this resolution in order that this matter will come out on the floor and be discussed. There was discussion from Alderman Spencer, Mrs. Louise Wheeler, Alderman Hampton, Mr. Spears, representing Billy Johnson, City Attorney Smith and Alderman Jackson. During this discussion on the Comprehensive Plan of the M.L. Thompson's Subdivision Alderman Jackson was recognized by Mayor Ferguson giving her permission to have the floor at this time for discussion. Alderman Jackson relinguished the f loor to Ms. Ola Smith, 211 North 10th Street, a spokesman for the Northside who is not in favor of changing the Comprehensive Plan. Mrs. Jackson also recognized Mrs. Mary Ann Harris, 304 North 10th Street, another spokesman from the Northside who is not in favor of the change. t~ During such a lengthy discussion Alderman Morris called for the question and seconded by Alderman Horton. Upon voice vote, the voting was unanimous. Mayor Ferguson asked for a roll call vote, on the Resolution, which reads as follows: WHEREAS, at the meeting of the West Memphis Planning Commission on August 30, 1978, the Planning Commission considered and recommended against a change in the West Memphis Comprehensive Plan from Residential and Business to Industrial of the following described lands, but the City Council finds that the application for change in the Comprehensive Plan should be granted; NOTZT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the West Memphis Comprehensive Plan be amended to Industrial District with respect to Blocks 11, 12, and 13 of M.L. Thompson Subdivision in the City of West Memphis, Arkansas. Passed and approved this ~~ day of,~ ,1978. MAYO ATTEST: ~~~ CITY CLERK The roll call vote on the resolution is as follows: Aye: Alderman Ray No: Aldermen: Shelton, Spencer, Grimsley, Hightower, Horton, Jackson. Abstained: Alderman Woodell Passed: Aldermen: Hampton and Morris The Resolution failed. The City Attorney was asked to read the Ordinance for the first time, an Ordinance to rezone Lots 7,8,9,10, and 11 Block 11; Lots 4,5,6,7,8,9,10,11, and 12 in Block 12; and Lots 3,4,5,6,7,8,9,10,11,and 12 in Block 13 of M.L. Thompson Subdivision in the City of West Memphis. WHEREAS, application was made to the City Planning Commission to rezone the hereinafter described property, and after notice having been published for the time and in the manner as provided by Ordinance No. 715, the matter was heard by the City Planning Commission, and the Planning Commission recommended that the application be denied, but the City Council finds that such application should be granted; NOW, THEREFORE, ~'"~ `~7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the following described property located in the City of West Memphis, Crittenden County, Arkansas, to wit: Lots 7,8,9,10, and 11 in Block 11; Lots 4,5,6,7,8 , 9,10,11, and 12 in Block 12; and Lots 3,4,5,6,7,8, 9,10,11, and 12 in Block 13 of ri.L. Thompson Subdivision in the City of West Memphis, Arkansas. be, and the same is hereby rezoned as M-1 Limited Industrial District. SECTION II: That all ordinances or parts of ordinances in conf lict herewith are hereby repealed. ', Adopted this day of 197 8 . MAYOR ATTEST: ~! ~ ~-- .,,~~ C ITY CLERK A motion was made by Alderman Morris to adopt the ordinance and seconded by Alderman Ray. There was discussion on this ordinance from Alderman Hampton, Alderman Woodell, Alderman Shelton, Mr. Spears. Alderman Jackson was recognized and yeilded the floor to Mrs. June Simmons, 419 South 14th Street, had two matters to bring before the council but the Mayor asked that she speak on the ordinance only. She spoke on this ordinance in reference to the property owners on the northside. Due to a lengthy discussion Alderman Horton called for the question and seconded by Alderman Ray. Upon roll call vote on the ordinance, the voting was as follows: Aye: Aldermen: None No: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris Alderman Ray passed. The ordinance failed on the first reading. The Mayor asked everyone in the audience who was against this ordinance to stand. There were 15 .persons standing who were against the ordinance The next item of business was the citizen request: Mrs. June Simmons, 419 South 14th Street, made a request to the Council concerning the Fashion Show in November where she received a letter stating that the Small Claims has decided to award her $100.00 for that Fashion Show. She stated that she will not accept the $100.00 because she felt that she was out of more money than $100.00. fi During discussion from the Council on this request the following persons were involved in the discussion, Alderman Hampton, City Attorney Smith, Alderman Hightower, and Alderman Ray. Mayor Ferguson requested roll call vote, on whether or not to go along with the Small Claims Committee on awarding this $100.00 to Mrs. June Simmons. A motion was made by Alderman Grimsley and seconded by Alderman Ray. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Grimsley, Horton, Morris, and Ray. No: Aldermen: Spencer, Hampton, Hightower, and Jackson. Passed: Alderman Shelton The recommendation of the Small Claims Committee to compensate Mrs. June Simmons $100.00 failed and Mayor Ferguson requested that the Small Claims Committee meet again to settle this matter. Mr. Calvin Avery informed the Council that due to the time factor, he requested that he will make his report on the demolition of houses in West Memphis at the next council meeting which will be September 21, 1978. The next item of business was Old Business and Ordinance to repeal Ordinance No. 927, City Attorney was asked to read the Ordinance the second time. A motion was made by Alderman Morris and seconded by Alderman Grimsley to adopt the ordinance. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None The Ordinance passed on the second reading. The next item of business was a Resolution on the Small Cities Program, read by the City Attorney. A motion was made by Alderman Shelton and seconded by Alderman Horton. There was discussion on this Resolution by Alderman Hampton. Upon roll call vote, the voting was as follows: Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None The R~~:~-ca-l~yi~"-i-m, passed and was .given Resolution No. 647. The next item of business was permission Request: Permission Request - CD Program secure permission to lease another year to the CD Program the two off ices at Tabernacle property used by Section 8 Housing at $300.00 per. month. A motion was made by Alderman Hampton and seconded by Alderman Ray. Upon roll call vote, the voting was as follows: i II ~ z __. RESOLUTION NO . ~`` ~'` RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, Af'.KANSAS AUTHORIZING FILING OF FULL APPLICATION FOR SMALL CITIES PROGRAM FUNDING, MAKING CERTAIN ASSURANCES TO DEPARTMENT OF HOUSING ANU URBAN DEVELOPMENT AND AUTHORIZING ''~ MAYOR TO CERTIFY CONTENTS OF THIS RESOLUTION. I~ .WHEREAS, the City of West Memphis, Arkansas desires to continue in the undertaking of a variety of community improvement and develop- ment activities with funds available under the provisjons of Title I of the Housing and Community Development Act of 1974, as amended by the 1977 Act; and '' WHEREAS, in keeping with this desire, the City has submitted a Pre-Application for a grant of funds available under the Small Cities Program as authorized by Section 106 of the Housing and Community Development Act of 1974, as amended by the 1977 Act; and WHEREAS, on the basis of the City's Pre-Application's rating and ranking in comparison to like Pre-Applications from counties and other cities, the Department of Housing and Urban Development has invited the City to submit a full Application for such funding; and . i WHEREAS, on the basi s of the ;i ty Counci 1 `s review of the materials related to the Small Cities Program Application and in light of its desire to undertake Community Development Program activities within the geographic area of the City that was designated in the Pre-Application, the City Council hereby determines that the .. public interest will be served by making the findings, determinations, approvals, and authorizations contained herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Application for Federal assistance on Standard Form 424, dated September 7, 1978, requesting a Federal Grant for the First Year Program in the amount of $450,020; the Project Summary on Form HUD-7066; and the Cost Summary on Form HUD-7067, accompanying said Application, are hereby approved and the Mayor is authorized to file with the Department of Housing and Urban Develop- ment said forms and related papers, maps and assurances required to comprise a full Application for a Multi-Year Comprehensive Grant under the Sma11 Cities Program. 2. That the Community Development and Housing Plan, dated ~' ~ September, 1978, is hereby in all respects approved as the planning ~~, document to guide these activities during the three-year life of the Comprehensive Program within the targeted geographic area, until and unless said Plan may be amended at some future date by official City Council action. 3. That it hereby recognizes that the Housing Assistance Plan as prepared for the current fiscal year under the City's Hold Harmless Entitlement Program shall remain valid and applicable for the current fiscal year with respect to the Small Cities Program. ', 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 publication of legal notices that the full 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 the assurances and certifications required by the Department of Housing and Urban Development as in- eluded on Exhibit I, Assurances, which is attached hereto and in- corporated herein as part of this resolution. 6. That this resolution shall take effect immediately. 22~ ~-^ _ D ND APPROVED thi s day of G--~ / ~~1 ~ ~`~ PASSE A 1978. o.`, YOR ATTEST: ~,,, CITY CLERK Aye: Aldermen: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None '~ Permission was granted. The Planning Commission recommends approval of the preliminary plat of Rhodes Street Extension. A motion was made by Alderman Horton and seconded by Alderman Ray. Upon voice vote, the voting was unanimous. The preliminary plat was granted. The Planning Commission recommends approval of the final plat of Rhodes Street Extension. A motion was made by Alderman Grimsley and seconded by Alderman Horton. Upon roll call vote, the voting was as follows: ', Aye: Aldermen: Shelton, Spencer, Woodell, Grim sley, Hightower, Horton, Jackson, Morris, and Ray. No: Alderman Hampton. The permission for the final plat was granted. The Mayor announced that she has a check for $43,279.47 for the two charity days from Southland Racing for the two boys clubs. Requested permission to give one half of the money to each boy's club. Alderman Woodell made motion to def err the action of division of this money to the two boys clubs pending a decision of the wording of the law in distribution of this money to some other worthy youth organizations maybe benefitted from this money, and seconded by Alderman Grimsley. Discussion on the motion was made by Alderman Ray, Alderman Spencer stated that he would like to add an amendment to the main motion to say, "The Mayor appoint a committee to determine within the next, thiry days the dispensation of funds and the committee will make a recommendation ~~, and report back to the Council," seconded by Alderman Woodell and upon voice vote of 'I the Council, the voting was not unanimous and the Mayor called for a roll call vote. ~I 'I Before voting on the amendment Alderman Hightower had discussion on the motion, II Alderman Ray, and Alderman Horton. II The Mayor asked for a roll call vote on the amendment. The voting was as follows: • 'm Ham ton Morris. Aye: Aldermen. Shelton, Spencer, Woodell, Gri sley, p , ~', No: Aldermen: Hightower, Jackson, Horton, Ray. The amendment passed. The Mayor asked for roll call vote on the motion as amended which reads as follows, "Def err the action of the division of this money to the two boys clubs pending a decision of the wording of the law in distribution of this money to some other worthy youth organization who may also be benef fitted from this money and the mayor appoint a committee to determine within the next thirty days the dispensation of funds and the committee will make a recommendation and report back to the Council. Aye: Aldermen: Woodell, Morris, and Hampton No: Aldermen: Shelton, Spencer, Grimsley, Hightower, Horton, Jackson, and Ray The motion was def Bated. Mayor Ferguson was instructed by the Council to distribute the money equally between the two boys clubs. The following committee reports were presented: Police Commission Alderman Morris reported that the Police Commission met August 28, 1978 with five persons present. He stated that Alderman Horton made a motion at the meeting to take the matter up with the council at the next meeting concerning the Patrolman Bill Rogers and his wife wanting to move out in the County to Purchase a home and still remain on the police force. There was discussion on this request from City Attorney Smith, Alderman Horton, Alderman Morris, Alderman Grimsley, and Alderman Shelton and during discussion it was stated that the reason why Patrolman Rogers wanted to move out of the city was so that he could raise horses and subsidize his income and not accept a position in Southhaven, Mississippi. Alderman Morris made a motion and seconded by Alderman Horton that the City Council consider favorably the Patrolman's request to move within the County and still remain on the police force here as a city employee. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Hightower, Horton, Jackson, and Morris No: Aldermen: Grimsley, Hampton, and Ray Absent: Alderman Shelton The motion passed and the recommendation was granted. Alderman Ray made a motion that at the next council meeting that on the agenda would like to see the ordinance requirfr.ng city personnel to live in the city repealed and seconded by Alderman Jackson. Upon roll call vote, the voting was as follows Aye: Alderman: Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Ray. No: None The motion passed to repeal the ordinance requiring city employees to live within the city limits be included on the agenda at the next council meeting. Alderman Morris brought to the Council's attention that Alderman Hampton would like to bring a matter before the council concerning a citizen living on South 2nd. Street which was brought up at the Police Commission Meeting. That a citizen was having trouble getting home in a tractor truck, not the trailor, due to a truck prohibited sign on Jackson. Alderman Morris turned this discussion over zo in turns presented this matter to the council for some kind of action. During discussion from the council it was suggested by the Mayor that this matter be referred to the Street Committee. Street Committee Report The Street Committee Report was presented by Alderman Horton who made a motion that the Street Committee would like permission from the Council to rent two tractors for one week to get the grass throughout the city cut whereas otherwise the street department could catch up on some of their grass cutting, and these tractors would rent for $200.00 per week seconded by Alderman Grimsley. Mrs. Wheeler stated that the tractors will have meters on them indicating when forty hours has expired. Alderman Horton further stated that Mrs. Wheeler at the street committee meeting stated that the drop boxes have been placed on North 6th Street for the mail. He .also stated that the stop light on Dover Road and Missouri there have been several complaints concerning this light reported to Mayor Ferguson. Alderman Horton made a motion and seconded by Alderman Morris that the Street Committee agreed to ask the city council for permission to advertise for bids for 6 to 7 hundred tons of cold asphalt mix. The bid was to ask for both delivered and undelivered price. Upon voice vote of the council, the voting was unanimous. Permission was granted. Alderman Horton directed a question to Alderman Grimsley as to the condition of AP&L moving the pole. Budget Committee Report Alderman Jackson made the Budget Committee Report by stating in the form of a motion and seconded by Alderman Grimsley the Small Claims Committee made a recommendation that Mrs. Carol Max be compensated $100.00 for her claim of lost, a barrel of books, which the garbage men picked up by mistake. There was discussion on this matter by City Attorney Smith, Alderman Horton, Alderman Hightower, and Alderman Grimsley: Upon, roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Wood ell, Grimsley. Hampton, Hightower, Horton, Morris, Ray No: Alderman Jackson Absent: Alderman Shelton It was also recommended that the City Attorney or the Assistant City Attorney represent the Civil Service Commission on September 12, 1978 on a grievance matter. Mayor Ferguson introduced Mr. Richard Provost form the Memphis Press-Scimitar who will be doing the West Memphis coverage, and the County. Before adjourning Alderman Hampton made a request to the council from a citizen as to why he can't turn left on Seventh Street coming from the Post Office. Alderman Horton asnwered this question on behalf of the Street Committee. A motion was made by Alderman Grimsley and seconded by Alderman I"jorris that the council adjourn. The meeting was adjourned at 5:15 P. M. Passed and Approved this ~ day of ~ 1978. MAYOR ATTEST ~~~~~ CITY CLERK