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October 5, 1978 MINUTES WEST MEMPHIS CITY COUNCIL OCTOBER 5, 1978 The City Council of the City of West Memphis , Arkansas , met in regular session in the Council Chamber at City Hall at 1:30 P.M, on October 5, 1978. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Lloyd J. Woodell Don Grimsely Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R.H. Ray Doug Shelton W.R. Spencer Rev. Norman McDonald offered prayer. A motion was made by Alderman Morris and seconded by Alderman Jackson that minutes of September 21, included in the packet be approved. The minutes were approved by voice vote of the council, the voting was unanimous. The following persons had citizen requests: Mrs. Roslyn O'Neal, 1402 North Avalon, introducing three other associates Mrs. Elizabeth Bosie, Mrs. Margie McCain, a.nd Mrs. Mary Pirani, who made a request to the council for help from the City in manpower in implementing a project, beautifying a portion of 10-Mile Bayou. During this citizen's request Mayor Ferguson asked all councilmen who was in favor of encourag- ing the property owners to go ahead with this project please raise their hands. All the councilmen raised their hands. The Mayor further asked that Mrs. O'Neal make a report back to the council on their progress on this project. Mr. James Brodgon, 722 North 14th Street, who stated that two weeks ago (last council meeting), he broughta petition to the council for action. The petition was tabled. Presenting today pictures to the council members concerning the condition of the property, 14th Street and Wilson Road. During this request. Alderman Horton made a motion that we dedicate portions of six sections of land from 14th Street to the school property going west, and that there be a stipulation that it would revert back to the city in the event it deemed necessary, and there would be a six (6) ft. easement, that being 3 ft. from either side of the Center line for a sidewalk to .~ - II the school ..property on the west side, seconded by Alderman Woodell without the stipulation that the. property be reverted back to the city in the event it deems necessary. City Attorney Smith made a ruling that this mot ion was out of order but stated proper-procedures that the petitioners could go through in order that this can be corrected. The procedures were as follows: 1. Acquire a private attorney 2. Advertise in the paper 3. Show this petition 4. Come back to the council with an ordinance and that is the procedure. Alderman Horton stated to the council that if Mr. Brodgon do the above mentioned things will the council go along with him on this matter. Mayor Ferguson asked for a vote of confident by all council members raising their hands. The voting was as follows: Alderman Hampton and Alderman Grimsley was out of the Council Chamber, Alderman RaV and Alderman Spencer did not vote because they had questions that they wanted to ask. The remainder of the Aldermen voted by raising their hands: Aldermen: Woodell, Hightower, Shelton, Jackson, Morris and Horton. Due to the ruling from the City Attorney, Alderman Horton with- drew his motion and Alderman Woodell withdrew his second. Alderman Woodell stated to the council that he will personally. met with the property owners and help them to get a lawyer. Alderman Jackson asked permission to relinquish her chair to. speak as a private citizen. She passed out pictures of fences throught- out the city, and stated she was representing Mrs. Lovia Blancher, 532 South 9th Street, requesting permission from the council to give permission to make her fence 145 ft. on each side to eliminate the constant flow of traffic through her yard. If this permission is granted she stated that this will make her fence like others in the city. Mayor Ferguson suggested that the Gode Enforcement Depart- ment or her off ice will write a letter to the fence company concerning the ordinance on fences in the city. She further stated that this matter be turned over to the Board of Adjustment at a speciall call meeting . The first order of business was an ordinance to amend ordinance No. 915, enlarging the West Memphis Utility Commission by two C2) members, designating terms and for other purposes, read by City Attorney Smith for the second time. A mot ion to adopt the ordinance was made by Alderman Grimsley and Alderman Horton seconded. Upon roll call vote , the voting was as follows Aye: Aldermen: Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Shelton, Spencer. Pass: Alderman Ray No : None The Ordinance passed. on the second reading. The next order of business was permission request to request permission to repair the white truck in the sanitation department. A motion was made by Alderman Grimsley and seconded by Alderman Horton that this permission be granted. Due to the fact-that the price of repairing the truck was over a thousand dollars a ruling from the City Attorney indicated that it would need to be put on an ordinance . Mayor Ferguson requested a motion to suspend the rules to put this ordinance on the agenda to waive the bids because the City Attorney stated that this cannot be done by a vote of permission request. Alderman Horton made the motion to suspend the rules and seconded by Alderman Grimsley. Upon voice vote of the council, the ordinance was added to the agenda. The City Attorney was aksed to read the .ordinance for the first time, an Ordinance to waive competitive bidding establishing an emergency and for other purposes. A motion was made by Alderman Hampt-~n ~ and seconded by Alderman Grimsley that the rules requiring the reading of the ordinance in full on three different days be suspended. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, Spencer No: None The ordinance passed on -the first reading with the rules being further suspended. The City Attorney was asked to read the ordinance for the second time, an ordinance to waive competitive bidding establishing an emergency and for other purposes. A motion was made by Alderman Grimsley tY~ the rules requiring the reading of the ordinance in full on three different days be further suspended and seconded by Alderman Horton. Upon roll call vote, the voting was as follows: Aye:. Aldermen: Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, and Spencer. No: None The Ordinance passed on the second reading with the rules being further suspended. 1 il' The City Attorney was asked to read the ordinance for the ' third time, an ordinance to waive competitive bidding establishing emer ency and for other purposes. A motion was made by Alderman an g Horton and seconded by Alderman Grimsley to adopt the ordinance on ~~ third reading on the emergency clause. Upon roll call vote, the the voting was as follows: Aye: Aldermen: Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris, Ray, Shelton, and Spencer No: None I!i The ordinance passed on the third reading on the emergency. ~ A motion was made by Alderman Horton to adopt the emergency ' clause, Section II, and seconded by Alderman Ray. Upon roll call vote, the voting was as follows: '~ Aye : Aldermen : Woodell , Grimsley , Hampton, Hightower , Horton, Jackson , Morris , Rav , Shelton , and Spencer . No: None The Ordinance and Emergency Clause was adopted and was given Ordinance No. 949, which reads as follows: ~ i ORDINANCE N0. . __.____ AN ORDINANCE TO WAIVE COMPETITIVE BIDDING, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES. W_KEREAS, Arkansas Statute 19-~~.25 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 Cityt s use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEI~IPHIS, ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, which is described as follows: Transmission bolt loose - jumping out of 4th and 8th gear - Tota] Price $3,450.46 TO BE REPAIRED BY: MEMPHIS WHITE TRllCKS, INC. 2. ~~nergency Clause. - It having been found and determined by the City Council of the City of West Memphis, Arkansas tha t 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 pas sage and approval. .r---~ PASSED AND APPROVED this `> day of ~=` .` if _.:" ~~ , ~' a '~1 l/ 1 1~ ~~ / ~'~ . A'1'rl'EST MAYOR ~~~A~- ~p,~, C~- CITY CLr~RK ~~l ~~ Alderman Grimsley made a motion that the City Council waive the permit on th e Shrine Circus which would be in town on Fridav, October 6, 1978, seconded by Alderman Shelton. This motion was unanimously approved by the Council. '~~ After a five minute recess, the Mavor distributed copies of a report from the Mavor of what had been sold of City Property. A copy of ~~hat memo is as follows O ~ V V ~E~.~ El7Z i~L~ ~'t~ ~~~ ~ff~~E of ~~~ ~Q y o 205 cSouE~x ~i~c~c~i.n9 - ' VVLSE ~am~.~iEs, d~~cl~an~.as 7201 f,N[i/ 4f ** `~ r5o1 73~_Z~zo :~.. September 27, 1978 ~oycc ~ ~ct9uson d4layos MEMO T0: Members of the West Memphis City Council ~ FROM: Joyce T. Ferguson, Mayor r'" SUBJECT: Sale of City Property In accordance with City Ordinance NQ. 910, below are listed items sold from City property for less than one thousand dollars ($1,000). DEPT. ITEM SOLD SERIAL N0. UNIT PRICE DATE SOLD SOLD TO Police Car 4053512901 $ 412.51 9-18-78 Midsouth Salvage. Police Car ------ 712.51 9-18-78 " Police Car 518710 161.00 9-18-78 " Police Car 40535129006 492.00 9-18-78 " Police Car 40535129005 492.00 9-18-78 Police Car 40533129017 492.00 9-18-78 Police Car 50535149098 692.00 9-18 -78 " Street Pickup 3HIBOCHB72702 725.00 5-10-78 " Street Pickup 3HIBOCHB72759 725.00 5-10-78 Street Pickup CCS1425103211 475.00 5-10-78 Auditorium Portable Stage ------- 5.00 July 1978 -------- The following committee reports were presented: Alderman Horton reported on behalf of the Street Committee and informed the Council that bids had been received on the cold mix asphalt needed.. The bids were as follows: Warren Bros. --- Delivered ----- $1,550 per ton Lehman - Roberts -Delivered ----- $1,850 per ton 84 Warren Bros -- Undelivered --- $1 450 Lehman-Roberts-Undelivered - ' per ton ---$1,550 per ton Alderman Horton made a motion .that the Council accept Warren Bros. bid of $1.550 per ton. delivered, Alderman Spencer seconded the mot ion . The motion was unanimously approved by voice vote of the Council. Alderman Horton reported that a request from St. Michaels School had been received, asking that Danner Street east of Missouri be made a one-way street between the hours of 7:30 8 8:30 A.M. and 2:30 and 3:30 P.M. with the traffic going east to west during those hours. He reported that there was a committee appointed of Dr. Jay, Mrs. Louise Wheeler, and Mr. Eddie Brawley to look over this and report back to the Street .Committee. The next item of business discussed by Alderman Horton was the selling~~. of two interr~~ional tractors. One was sold for $2602 and another sold for $2181. Alderman Horton made a motion that the Council accept these two prices which had been recommended by the Street Committee. Alderman Ray seconded the motion. This motion was unanimously approved by voice vote of the Council. Discussed "No Truck".sign at Second 8 Jackson. Alderman Horton made a motion that this sign be replaced by a "No Through Truck" sign, this allowing the truck without the trailer to pass. Alderman Grimsley seconded this mot ion. This mation was unanimously approved by voice vote of the Council. Alderman Horton informed the Council that the same Committee that was looking into the St. Michael's School request as previously discussed was also looking into the request made b_y Holy Cross School to install a no-parking sign on Gibson Street. It was also discussed that a "No Truck" sign be placed at Thompson off North Seventh Street, and it was also suggested that truck driver signs be placed north of Thompson going southbound an d.also.s oath of Broadway going southbound showing the trucks that it is now a through street. The next item of business discussed during the street committee report was creating an ordinance prohibiting trucks on Broadway from Club Road west except for deliveries. The Committee suggested that this be referred to the ordinance committee because it has been previously before the council and refused, so at this time no i action was taken by the Street Committee. Attorney Smith said mal nor rocedures would p be for a word change-not a new ordinance, F__~-L - - - _ _ s-. and could be brought up at the next meeting date. A1Terman-Ho on reported that Alderman Hightower had several requests for street overlay down south of Broadway, so the committee suggested that ~II e start utting together a priority street overlay program to th y P be ut in this coming year's budget, and he reported that the P Committee would begin putting tog-ether this program at the next ', meeting . Alderman Jackson addressed Mrs. Wheeler and Alderman Horton ~~~ concerning the priority list, concerning Monroe, 18th, and 21st treets where work has been started and not f finished. Mrs. Wheeler s assured her that these streets were on the priority list, if we should get an overlay program. Alderman Woodell stated that the City need a stop sign at the Dover Road Extension where East Barton comes into Seventh Street, and further stated that the city also need some type of traffic !, signal, perhaps a blinking light in front of the post office. Fir_e__Commission ~~ Alderman Ray reported that the Fire Commission had a meeting in regards to a fireman, and informed the council that the commission ', was in the process of making a recommendation that the City pay for ~I the fireman's paramedic course. However, at this time, no .action was taken. Eommittee Report on L.R. Jackson Alderman Shelton passed out a list of things that he stated was wrong with the building. C This list was .given to Mr. Cramer, Parks and Recreation Director). He further stated ways he felt the things could be corrected. During this discussion Alderman Grimslev su~~ested that we annroach the Utility Commission for some old Holes to lay on the grass so that cars could not ~o over them to the h.iildin~.:Mayor Ferguson asked that Alderman Grimsley to mention this to the Utility Commission and see if they would do this. He agreed that he would take care of it. During further discussion Alderman Jackson stated that this work that had been done.. at L. R. Jackson was done with. Revenue Sharing Money and because so many things had gone wrong with the building since the building was renovated she wanted the record to show that she thought this was a waste of government spending. There was further discussion as to the contract concernin t g he maintenance of the roof, which was explained by Mr. Cramer, Parks and Recreat~n Director. Mayor Ferguson asked Mr. Cramer to take care of seeing that the architect correct the things that they are liable for in the contract. Budget Committee ~_ Alderman Jackson made a motion that the City amend the budget to include CETA salaries as requested by the State Auditors .and seconded by Alderman-Morris. This motion was unanimously approved by voice vote of the Council. There were no other reports to come before the council. Alderman Woodell stated that the council should decide what to do with the West Memphis Educational Facility for the next academic year. He stated that first he would like to get the reaction of the Council. He further stated that the Mayor contact Dr. Hartsell of EACC and ask him to present a proposal to the oouncil concerning their program. He stated that the charges over there was $10.00 per student for building fee, which was substantially off, since we are trying to operate under the ASU Department of Education. EACC has said they would come here full- time, will offer classes here, bring in their VET Program their grant program, and if so we can expect 60 or 70 full time students or 200 to 300 people going over there paying that $10.00 fee pro- b=ably by next September. He further stated that we need to prepare to bring them back over here as a full time program, o:~ do away with the property because the cost of the property is exceeding the revenue we are getting in. He said Dr. Hartsell should meet with his staff and then present in writing a formal statement of what they would do or ask them to bring representation over and discuss the program with the City Council. He stated that we should ask our state officials to go for a VOTEC School for West Memphis as a top priority, but while we are doing the necessary work to get the VOTECH, we need not sacrifice higher educal~ion because we can get EACC offering 20-30 classes, then we would have both. Alderman Rav made a motion that the council appoint Alderman Woodell to contact Forrest City school and see if they would come over here, and seconded by Alderman Grimsley. III I Alderman Horton addressed the council with a request from Inspector Ralph from theWest Memphis Police Department and stated that Inspector Ralph had gotten a call from a vet connected with the Tennessee Medical Science for Animals pertaining to animal ' erimental purposes and asked that animals we have to put f or exp to sleep be given to the foundation. Alderman Horton made a motion that we do this. Alderman Grimsley seconded the motion. Alderman Jackson recommended that we investigate it further before we make anv decisions. During discussion Alderman Horton withdrew I III his motion, and Alderman Grimsley withdrew his second. It was decided that Alderman Morris would investigate thematter further and report back to the Council. Alderman Hampton stated he would like to see an ordinance ' drawn up to protect against stray cats. Attorney Smith then read the present ordinance which was passed in 1971, concerning the matter. Alderman Hampt~.on requested an amendment to this ordinance stating that if a cat harms a person, it will be captured and tested for rabies. . Mayor Ferguson made the following appointments: -She recommended that the council approve the appointments of ' Larry Gage and Rick Bollinger to the Board of Adjustment to replace Don Froning and Mr. Gray, who recently resigned. Upon voice vote fo the council, the appointments were unanimously approved. Announcements Mayor Ferguson announced that .October 24, Small Cities Day, and West Memphis is hosting this event. She also announced that October 27, 1978 has been declared "Took Gathings Day." The Mayor wants a motorcade from West Memphis to travel to Jonesboro on that day and participate in the celebration. The federal building is being named in Mr. Gathings honor on that ', day. She informed the Council that the week of this event is going to be named "Took Gathings Week" and she would issue a proclamation to this effect. She also announced that the Municipal League Conventon which will be held November 19 through November 21, and told that we were taking reservations for this at this time. Alderman Shelton then stated that one of the members of the First Baptist Church approached him this morning about a petition that they are sen~~ing over to the University of Arkansas from the City in regards to an artice that~was inthe paper, The Arkansas Gazette" regarding the pronographis movies. He said that he felt that the City should take a stand on this issue since many young people of our city attend the University. He then made the following motion,"We as leaders of this city oppose anything of this nature being shown at our universities and colleges in the State of Arkansas where tax dollars are used," seconded by Alderman Spencer. Alderman Shelton requested that copies be sent to the State Represent- atives, Governor, Governor to be elected, and President of the University of Arkansas. This resolution was unanimously approved by the Council. Alderman Jackson asked about the Affirmative Action Plan, and asked Mr. Dick Tidwell if she could get a list of employees and a their fob descriptions. Mayor Ferguson stated that she will get with Dick Tidwell about it. Mayor Ferguson introduced Debbie Eddie as her new secretary. There was no further business to come before the Council, Alderman Ray made a motion to adjourn seconded by Alderman Morris. The Meeting Adjourned. PASSED AND APPROVED this ~ ~"~' day of ~~~ 1978. ~~~~ -~ MAYOR ATTEST CITY CLERK ~~ .~ J