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September 21, 1978
MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 21, 1978 L ~~' The re ular meeting of the West Memphis City Council was held 9 '~ a tember 21, 1978 at 1:30 P.M. in West Memphis, Arkansas at City ,on S p '' 1 in the Council Chamber. Mayor Joyce T. Ferguson called the Hal meeting t-o order. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: C.D. Shelton W.R. Spencer L1 oyd J . Woodel 1 Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R.H. Ray Rev. Ron Mizer, Bethel A.M.E. Church, offered prayer. A mot-ion was made by Alderman Grimsley and seconded by Alderman Horton that the minutes, as sent in the packets, be approved. Upon voice vote of the council., the voting was unanimous. The minutes were approved as sent in the packets. The following citizens had request: Ms. Willie Mae Rowe, 301 North 12th Street, representing ACORN and in support of the ordinance to enlarge the Utility Commission from five to seven members made a plea to the council to support the ordinance. Alderman Horton made a request to the Mayor that Mr. James Brodgon be permitted to represent the petition from property owners in the Holiday Gardens Subdivision, West Memphis, (The petition is on file in the Mayor's Office). There was a ruling from the City Attorney concerning the legal aspects of this petition. There was discussion from Alderman Hampton, City Attorney Smith, Mr. James Brodgon, Alder- man Spencer, Alderman Woodell, Alderman Shelton, and Alderman Jackson. During a lengthy discussion on this matter Alderman Jackson made a motion to table this petition for now and will take up with the Budget Committee and seconded by Alderman Ray. Upon voice vote of the council, the voting was not unanimous and the Mayor requested roll call vote on the motion. A.ye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Ra_y. No: Alderman Morris and Alderman Shelton. ~,, ~-. ~~ Rev. Ron Mizer, 800 Thompson, stated he was standing in favor of the ordinance to enlarge the utility commission from five to seven members to give equal representation in Ward 4 and Ward 5. ~~1a.yor allowed Mr. Gene East, of Hollandale, Florida, to address the council. Mr. East stated that he wou]d like to bring Hi-Li to West Memphis. He stated the game was played on a court similar to handball or basketball. He advised the council that this was a gambling operation. City Attorney Smith directed several questions to Mr. East, mainly concerning the ownership and whether or not he was incorporated. City Attorney Smith also asked if he owned a similar operation in another section of the country. Mr. East stated he did not. City Attorney Smith further questioned Mr. East as to why he thought West Memphis was a good location for this .type of pro sect . There were other questions directed to h1r. East by the council and there were also discussions on this project, Hi-Li. The persons involved in the discussion were Aldermen: Horton, Shelton, Woodell, Hampton, Morris, who were very much opposed to this operation. Alderman Ray made a motion to dispense with the discussion because he felt that it was not the council's decision and seconded by Alder- man Shelton. Upon voice vote of the council, the voting was unanimous. The first order of business was the third reading of an Ordinance to repeal Ordinance No. 927 which was read by the City Attorney. A motion was made by Alderman Grimsley and seconded by Alderman Morris. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, and Shelton. No: None The Ordinance passed on the third reading and was given Ordinance No. 946, which reads as follows: RDINAI~TCE N0. i AN ORD~[.NANCE TO REPEAL ORDII~?ANCIi, I~dO . 9?7 ; DAT~~;D, ~~~ MARCH ~, 1978, taH1CH WAS "AN ORDI_i~1AP~1CF I'ROVIDZ-NG I~OR TI~IE ISSt1ANCE OF PUBLIC UTT_LITY REh'Ui~1D~rNG ~~ REVENUE BONDS 1.-~~OR `I'I-IF PURPOSE OF' Rt~~h'TJNDZ~G CI~RTAIN OUTSTAID1 ~1Ca LL'~' V'E'NUE BOND~~ (DESCRIBI~D Ii1 `1~I-IE lle.~ L~ '' AU`hHOR17 ~-NG ORDT]~1ANCha : PROVID1~r~~IG FOR TIIE PAYMEN`T' OIj' `~'~iF URII~ICT_PAL AI`1D 1::iJ~~'~~RI{:S`1 01,, `1I~E, BONDS, PRESCRIBIi'JG OTHER MATTERS RELATING T]-IERE~~~'0" , AND Ii~OR OTHI~R Pl1RPOSES . BE -.I:T ORDA~LNED }3Y TIIE CITY COt1P~ICT_L OF THIS CI~hY OF ti°~IEST MIi,I~~PI-ITS, ARI~AI~SAS ~i, SECTIOi~1 1. Ordinance No. 927, da~~ed March ~, 1.973, is '~~ hereby repeal ed . PASSED AND APPI~OVRD this !~ -day of ____..____ - ----..--~ 1978. ~~ ' _ ~_ ~ ~ ~ ~. ~~~~ JOYCE T . I~ERGUSON MAYOR ATTEST: ,,.- .,._ _-~: r` _ ~, /, CHARLES F DeGRAr'I~' .~~~ CITY CLERK ''~ i ~'~ .,~. ; II a ~< ' An ordinance to reline pipes on South Woods Street on the emergency was read by the City Attorney for the first time. A 'motion was made requiring the reading of the ordinance in full on (three different days be suspended by Alderman Grimsley and seconded '~~ b Alderman Horton. Upon roll call vote, the voting was as follows: y 'Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, and Shelton. No: None The ordinance passed on the first reading with the rules being suspended on three different days. The City Attorney was asked to read the ordinance the second time, a motion was made b.y Alderman Horton and seconded by Alderman Grimsley requiring the ordinance to be read in full on three different days be further suspended. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton. Jackson, Morris, Ray, and Shelton. No: None '; The City Attorney was asked to read the ordinance the third and final time, a motion was made by Alderman Ray and seconded by.. Alderman Grimsley, to adopt the ordinance. During discussion on the ordinance from Alderman Grimsley, Alderman Jackson, Mr. P.G. Para, Alderman Morris stated that there '; have been some people questioning the emergency clause and the fact '~, that the city is spending this much money without bids and further stated he wanted the record to show that this is the most economical way to do this, and Mr. Para further clarified this matter to the council. There was discussion from Alderman Horton and upon roll 11 ws: call vote, the voting was as fo 0 Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, Ray, and Shelton. Abstain ed: Alderman Hampton No: None A motion was made by Alderman Ray and seconded by Alderman Morris that Section II, the Emergency Clause be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson, Morris, Ray, and Shelton. Abstained: Alderman Hampton No: None 4 "m ?. J ~~ The ordinance passed on the third reading with the emerQencv cause and was Qiven Ordinance No. 947, which reads as follows: ... 1 r, ORDINANCE NO. ;DANCE TO Tr1AIVE COI~~.'FTITIVI; BIDDING, ~:~SHING AN EMERGENCY AND r OR 0 THER PUP~pOSES . ~rk.ansas Statute 19-~-~~25 allows waiving of competitive bidd~_ng in exceptional si~tuati.ons where such procedure is deemed not feasible or practical, and WHF~REAS, there are many items necessary for 'the City's use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAIIvTED BY THE CITY COUNCIL Or THE CITY OF WEST ME~IP.HIS, ARYANSAS: 1. That competitive bidd'Lng bL waived for the following ~' item to be used by the City, which is described as follows: To enter into contract witri McCullough, Inc., i~~urphreesboro, Tennessee: - For installing approximately One Zhousarld FE~ct (1.000' ) of tin:i_n g in the t~~7elve (~_2) inch set-~rer 1_i_ne along South Foods Street, ti~est Memphis, Arkansas; Above :item ........................ ~ $23.7 per ft. $23,70.00 For installing five (5) services @ $350.00 each 1,750.00 TOTAL - $25, 490.00 2. Emergency Clause. - It having been found and determined by the City Council of the City of West Memphis, Arkansas that there is an urgent need by the City of West Memphis for the item , 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 West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this ~ ~ ' ,, day of . ~ ,~ ~ _ '`'~'~ ', -_~~'~~ ., ' 1978• ' ~ ~~ MAYOR ATTEST: /'`/~" fry -~I ` ii F mss' /J~" ~ CITY CLERK ~~ The next item of business was an ordinance to repeal ordinance No. 859, read by the City Attorney for the first time, which requires Regular municipal employees to establish residence within the city limits of West Memphis, Arkansas within ninety (90) days after employment. A motion to adopt the ordinance was made by Alderman Ray and seconded by Alderman Jackson. There was discussion from Alderman Horton, Alderman Hampton, Alderman Morris, Alderman Ray, Alderman Jackson, and Alderman Hampton. Upon roll call vote, the voting was as follows: Aye : Alderman Ray ', No: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, and Shelton. The ordinance failed on the first reading. '' City Attorney Smith was asked to read the Ordinance to Amend ordinance No. 915, dated August 25, 1977, enlarging the West Memphis Utility Commission by two (2) members designating terms and for other purposes, for the first time. A motion was made by Alderman Woodell and seconded by Alderman Spencer to adopt the ordinance. There was discussion on the motion from Alderman Shelton who- requested an amendment to the ordinance, which reads as follows: "That the commission be composed of seven resident elected citizens one appointed from each ward and with two- at large", seconded by Alderman Woodell. There was discussion from !, Alderman Jackson, Attorney Smith, Alderman Shelton & Alderman Ray. There was further discussion on the ordinance by .Alderman Jackson who stated she feels the need to clarify why this ordinance was brought up on the council's agenda at this time read the following excerpts from the minutes of September 15, 1977, which reads as follows: "Alderman Woodell recommended the ordinance on the Utility Commission be amended to include two additional members at some future date; that the ordinance committee consider this as soon as possible. The Ma_vor advised Alderman Woodell he could talk to the City Attorney and put the amendment on the agenda for a future council meeting. There was further discussion from the following Aldermen on the ordinance Hightower, Hampton, Rav, Horton, Morris, Woodell. During futher discussion on this ordinance Alderman Morris, veilded the floor to utility commissioner, Mr. Stanley Card who spoke on the ordinance, by giving his personal comments. Stated he would not be opposed to two new members on the commission but could-not ". r.`~2 sneak for the other members of the commission. Durino discussion on the ordinance Alderman Rav made a motion to table the ordinance for further study. The motion died for lack of second, so the discussion was directed back to the amendment to the motion. There was discussion from Aldermen: Grimsley, Horton, Jackson, and Alderman ~loodell yeilded the floor to Mrs. Willie M. Rowe, who talked on the ordinance, Alderman Hampton, Alderman Jackson who yeilded the floor to Mr. Robert .White, who gave his input on the ordinance. Due to a lengthy discussion on the ordinance, Alderman Shelton withdrew-his amendment and Alderman Woodell withdrew his second. The motion to adopt the ordinance was withdrawn by Alder- man Woodell and the second was withdrawn by Alderman Spencer. This ordinance was not abopted but a new ordinance was substituted in its place and read by the City Attorney for the first time. A motion was made b.y Alderman Grimsley and seconded b.y Alderman Shelton to adopt the new ordinance on the first readin4. Upon roll call vote of the council, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, and Shelton. No: None The Ordinance passed on the first reading. The next order of business was to waive the rules to put an item on the agenda. A motion-was made by Alderman Hampton, and seconded by Alderman Horton. Upon voice vote of the council, the voting was unanimous. The item was added to the agenda to waive competitive bidding, establishing an emergency and for other purposes. The City Attorney was asked to read the ordinance on the emergency for the first time. A motion was made by Alderman Horton and seconded b_y Alderman Grimsley requiring the reading of the ordinance in full on three different days be suspended. .Upon roll call~~vote, the votin4 was as follows: Ave: Aldermen: Spencer, Woodell, Grimslev. Hampton, HiQhto~aer, Horton, Jackson, Morris, Ray and Shelton. No: None The ordinance passed on the first reading on the emergency. The City Attorney was asked to read the ordinance on the emergency for the second time. A motion was made by Alderman Horton and Alderman squiring the ordinance to be read Tn full on three different days be further suspended. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton,. Hightower, Horton, Jackson, Morris, Ra.y, and Shelton. L No: None The Ordinance passed on the second reading with the rules being further suspended. The City Attorney was asked to read the ordinance the third and final time, the Ordinance to waive competitive bidding. A motion to adopt the ordinance was made by Alderman Hampton and seconded by Alderman Horton. Upon roll call vote, the voting was as follows: Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray and Shelton. No: None The ordinance passed on the third reading. A motion was made by Alderman Ray and seconded by Alderman Jackson that Section II, the emergency clause be adopted. Upon roll call vote, the votin4 was as follows: Ave: Aldermen: Spencer, Woodell, Grimslev, Hampton, Hightower, Horton, Jackson, Morris, Rav, and Shelton. No: None The ordinance with the emergency clause passed and was given ordinance No. 948, which reads as follows: ~ '...i ~ ~ ~ 1 t l f I ~~ F !~ i.: ~ ~ t _ i I ' l _ v ~~ ~,, _ _. .~ .__ ~ 4 ~ .... ~ ~ 3 ::~. 5 ~..l ~ _. # } i ' ` 1, .1. Lv~ _ 4 ~J ~ 3 r L c -f ,. - 55 t _ 7 t ~, 1 ~._~~ ~ t r i ,..t F ~ ~ try' r-ri ; ~-j ~? t ::~ 1, ~ ~. 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J ~.~.:1 _~J .l ~_ ~.~~f..t ~. i i..~..s:.~ f 7 , { t : _y f 't i' fi ~r tl`~-~'t~' ., "i ~ _y_7 T r J ..: T r-s {'V ~ C 1 ~r 1 ~~ ~ ~F4 .riJ r~ L - 1_..~ ~i i.. ~ 1 ~_:.~ ~s , 1. i_:,~ r~! I ff i....~ ar,) 1~ . „ a_l~a~~ CrCJ' ~~'~ L~.f_>'.J_ije ~~~ ~;Ci_1.S~t~~ bc. 4r~~.LJ~C-'.~ for t ,~ ~.o~Z©ry.Ln~~-, L item ~i:,o bc: ;.zsed ~~y t~,~~ G:i ~~~~~, ;t~~~i ~~~h is descr.i.~:~t d as ~'01~_o~~TS ~ Yi E' ~ Z~ - ~'' 1 Zr ~' ' L r) ~ i ~ ~.,i .r~..T ~ C; O .A ? C'i E' ?~ ~'~ 1 n ~'~ t~ l"11 t ~ 4 i~c>~~~.1_ 1:J~C~05c~ Ch. So.r.i~~.1 No . i2~ ~.:r~'"' `~ r u-~(;%~,~> IN.S`.T'~L.LIi;L pF~~:CE-- ~-~1,11G . 00 Invo~c~ :~~o . 9<~~~ ,, ~~~~ red --- 7/~.?%`~ 8 FUI''C~la Sc'C~. ~'7'oT?) . P<<~ ~ O~'~`c_c;'`: ~1:i 7"'~-r~:~i~i~ 1t~C)111n~~ `7 i ' 7 3 6'~JPr~~~ 1'1~~:~~)n.i.:~, ti~~ti~i~l~>~s cam. O~ FOR : F~.re Sta t 'z.on r`~ 3 , F . TS~~rtat~ St . , t1Jest T~~.onEphis , A:~rkansas . . 2a J~~ncPr~,c:~xl~ C1a~.zc's -- It hav:i_~~.F~ been fa~anc~~-~~;~„det~.rm~_nc~d by tie City Go~zncl_1 of th;-~ City of ~~,est Tlemphis, Arkansas t~~a ~ then°e :Ls an urgent Wend by the City of ti~~es,t Memphis for the :item descr~_bed above, an e~ner_ gency is hereby declared to exist, anal this Ord:tna.nce being necessary for tie prescx•va~,ion of the pub~l_-~c peace, health, safety and ti~relfare of the citizens of ~~~est i~~e~.n_p~~~_s Arkansas, shal7_ be :i_z~~ full force and effect from and a~'ter the date of its pas gage and approual. PA~S~D AI~dD .~~~':~~'~~C~,~LD ~i~h_~s ---__..___~_.~_ day of .--=-____~__~ _ __~ '+ x-97 8. ~` ~~ ~{ MA. YO ~~. A`~1."7_'3 yST _ 1 !~ •. - .r. ." ` ... _._.. T' P . r r. ., s ,, r.. The next order of business was a resolution concerning Mr. Bill Dabbs, which was read b.y the City Attorney. Before voting on the resolution, Mayor Ferguson asked everyone to stand in II~', silent prayer for Mr. Bill Dabbs. Upon roll call vote, the voting. ~ was as follows: Aye: Aldermen: Spencer. Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray and Shelton. No: None The Resolution passed and was given Resolution No. 648, which reads as follows: ~~ 1 !I ~I Mayor Ferguson said that she would hand deliver this Resolution to the family and if any of the council members ' wanted to go with her to deliver this, they were welcome and '~ she would take them in her car. A five (5) minute recess was granted. The meeting was called back to order at 3:30 P.M., with Alderman Grimsley being absent from the remainder of the meeting. The following Committee reports were presented: Police Commission presented by Alderman Morris, who stated that when the Police Commission met, one majox item discussed was the trouble the police department was having with the telephone system. A representative from TSA, Mr. Whiteheurse, a spokesman ' from TSA spoke to the council and answered questions about the ' system. There was further discussion on this matter by Chief Keen, Chief of Police, Alderman Morris, Alderman Horton, Alderman Hampton, and during this discussion Alderman Morris suggested that TSA send someone over and talk with the Mayor about the telephone svstem. Alderman Jackson made a recommendation that a reoresent.ative from TSA be present at the next budget meeti.na which will be the first Tuesday in October which will be October 3rd. to discuss the matter. Street Committee The Street Committee report was presented by Alderman Horton, who stated in the form of a motion that the street committee is asking for a two weeks extension for the use of the two tractors, for grass cutting, seconded by Alderman Jacl~son. Alderman Morris ' stated he had several complaints from citizens who stated the tractors are being misused by the drivers who are driving too fast and would like for this to be checked into. Mrs. Wheeler stated that she will call a meeting with the grass committee and discuss ' the problem. There was further discussion from Alderman Jackson, Alderman Ray, and Alderman Hampton on the motion. Mrs. Wheeler stated to the council that every tractor and piece of equipment has a unit number on it and if anyone see ' equipment being misused, please contact her office. I Upon voice vote, the voting was unanimous and the permission was granted for the Street Department to use the tractors ,for two more weeks. Mayor Ferguson cal led for a report from the committee, who were appointed to work with Mr. Holbrook on theL.R. Jackson Community Center's problem. That committee was Aldermen Shelton, Spencer and Hampton, who did not have a report at this time, due to the fact they did not have a meeting, and Mayor Ferguson requested that they make a report at the-next council meeting. Mayor Ferguson made the following appointments: Due to the resignation of Mrs. Lillian Faulk from the Auditorium Com~ission, Mr. Cliff Jackson was appointed to fill her unexpired term to the Auditorium Commission. Upon voice vote of the Council, the voting was unanimous. Mr. Burrell -Fair was appointed to the Port Authority to fill the unexpired term of Mr. Bill Dabbs (deceased). Upon voice vote of the council, the voting was unanimous. Mrs. Margaret Freyaldenhoven, 2201 Gathings, and Mrs. Lottie Dixion,~510 North 18th Street, were appointed to the City Beautiful Commission. Upon voice vote of the council, the voting was unanimous. Two members are still lacking on .the Board of Adjustment and Mayor Ferguson stated that she will have the names for the next council meeting. Mayor Ferguson also announced that the city has applied for the Small Cities Fu]1 Application grant which has in it an allotment for rehabilitating houses for approximately $200,000.00. The following committee members were appointed Mr. Henry Joyner, Mrs. Florastine Smith, Mr. Vernon Turk, Mrs. Clara White, Mr. Robert White, and Mr. Calvin Avery. This Committee will function only as long as the money last. Upon voice vote of the council, the voting was unanimous. Mayor Ferguson further announced that on October 24, 1978, Small Cities Association will meet in West Memphis at the Civic Center and the Municipal Auditorium. 7'~ Alderman Shelton made the following recommendations to the Street i Corr~nittee that he would like taken under advisement. 1. Like to see tractor and trailers off Broadway -- Club Road thru 7th Street. 2. No Truck signs at Thompson and 7th Street on the East Side. 3. At Wonder.~-School on 15th Street thru 17th Street, No Parking Signs from 8:00 to 9:00 A.M. and 2:30 P.M. to 4:00 P.M., on both sides of the street. Alderman Horton asked the status of the wrecker service? City Attorney Smith answered by saying that he will write Mr. Bill Flemin4, Arkansas Municipal League, and Qet a status report of this matter. After closing remarks from the council members Alderman Spencer made a motion and seconded by Alderman Shelton to ad.iourn. The meeting was ad.iourned upon voice vote of the council, the voting was unanimous. Passed and Approved this ~ day of 1978. O~ MAYOR AT'f E ST City C 1 e rk ~-~^~'-