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November 16, 1978~'1I'dUTCS ~°JEST h1E3'1PNIS CITY COUidCIL November 16, 197b A regular meeting of 'the ~yest ~~~1ei,~~phi s City Counci 1 was hel d Thursday, fJovember 15, 1978, at 1:3G P. ~~1. in the Council Chambers of City Hall. ~~~ayor Joyce T. Ferguson called the meeting to order. i The following persons were present: ~~ayor Joyce T. Ferguson City tittorney Robert Smith Aldermen: Pritchard Horton Roberta Jackson Doug Morris R. H. Ray W. R. Spencer Lloyd J. Woodell Charles E~ampton James ~. Hightower Don Gri r-~s 1 ey Doug Shelton Prayer was offered by Reverend ~Jorman McDonald, of the i~ew St. Paul Baptist Church. A motion was then made by Alderman Morris, seconded by Alderman Jackson, that the minutes of the October 30, 1978, rneeting as sent in the pact~ets be approved. Upon voice vote of the Council, the minutes were approved unanimously. Alderman Ray then made a motion, seconded by Alderman Jackson, that the minutes of the called meeting of dovember 2,.1978, as pre- 'sented in the packets be approved as written. Upon voice vote of the Council, the minutes were approved unanimously. The next order of business was the presentation of service pins to city employees, which is an annual event. The various de- 'partment heads presented these pins to their employees. A list of these awards is on file in the rlayor's office. P~layor Ferguson then read the Distinguished Service Award that she was presenting to ~~7r. Jimmy Tanner, expressing appreciation and admiration on behalf of the City for his heroic rescue of a small child from a fire. f~1r. Tanner eras not present, but Alderman Hampton requested a standing vote on this action. The vote was unanimous. Vext on the agenda ~rere citizen's requests. The first request was from ~,1r. J. H. Spears, West ~~lemphi s Federal Savings and Lvan Association, who asked that a "id0 PARKI~dG" sign be put up along the f '+ t r Employee Name ~~ ,,,~ , Calvin Averg ~- _ ,~_ ' t',~ Lola Adaway ,~. 4 EMPLOYEES ELIGIBLE FOR SERVICE PINS IN 1978 Wes# Meaipbis, Arkaaaas 72301 ~ BST M~ . ~J r • • - ,~~ '*~~A NSPy CITY OF WEST MEMPHIS Date of Employment CODE ENFORCEMENT 09-03-73 Marvin Lewis Kenneth Nichols Vernon Mills Lloyd Brown J. C. Henry Steve Warhurst Joe L. Harris Mac Holmes Troy Ross Donald Coad Steve Glass DATA PROCESSING 08-01-68 FIRE DEPARTMENT 01-01-59 12-01-58 02-01-63 08-01-73 02-20-73 03-15-73 08-01-73 08-01-73 09-O1-73 10-15-73 Years of Service 5 10 20 ZO 20 15 5 5 5 5 5 5 5 ~'~~_ ` = • ` - SERVICE PINS CONTINUED - ~ -2- _ Employee Name Date of Employment Years of Service • POLICE DEPARTMENT Howard Tankersley 12-11-67 10 W. H. Ralph 01-06-63 15 Pearl Lyon 01-16-63 15 Nathan Ridgley 09-01-63 15 Mike Carter 01-29-73 5 Leroy Gillette 03-01-73 5 Ronnie Rogers 04-01-73 5 Burt Shelton 12-18-73 5 Aubrey Comfort 12-24-73 ~~ 5 PUBLIC WORKS SANITATION DEPARTMENT _ Theodo Robertson 07-09-58 20 • Herman Gates 06-20-63 15 - Mack Wilson 03-25-68 10 -. Freddie Davis 01-16-73 5 STREET DEPARTMENT Louise W'heele~r 02-26-73 5 FLEET MAINTENANCE Jack Edwards 01-15-73 5 .~„~,., .~ ~~i _ , , r f -SERVICE PINS CONTINUED - _3_ Employee Name Date of ~nployment UTILITY DEPARTMENT Betty Hart ~ 01-06-70 ~~~ ~ James Sykes 01-03-72 _ ~ zT.~w Jerry Gaines 07-30-73 t ~'!~ Walter Miller OS-OS-73 --~-.~. Carl Vincent 07-18-73 Herman Rushing 09-16-66 John Rimmer 01-01-67 William Catt Ol-O1-63 Louise Rash 10-09-58 Dick Rains OS-O1-48 i Years of Service 5 5 5 5 5 10 10 15 20 30 West Memphis Federal Building (on the east side of 5th Street). Mr. Spears asked that this area be designated as a thirty minute parking area. He stated that they would police this area themselves, and would call a v~recker to tow in violators. The P~1ayor told Mr. Spears that this would be taken under advisement, and the Street Committee would take action soon. He then made a request concerning parking on Roosevelt. He stated that people living on Roosevelt had understood that when cars were first allowed to park in this area, it would be a temporary thing. Alderman Ray suggested that the City get out a memo to er~~ployees of the telephone company, who are .the ones parking in this area, and ask there to park on the Tabernacle property. Alderman Shelton then made a motion that a thirty minute. parking sign be placed on the north side of Roosevelt from Rhodes to Missouri Street. This motion-was seconded by Alderman Morris. Alder- man Horton suggested that the telephone company be allowed to continue parking in this area until the first of the year. Alderman Sheldon then withdrew his niotion, and Alderman P~lorris withdrew his second. -~r. Spears said this would be agreeable. The next citizen's request was from P~Ir. John Peacock and Mr. Johnny Wall, owners of Peacock's Radio Service. ~1r. Peacock requested that the city go for competitive bidding on city contracts. He further stated that he felt the present contract the city has with Logan Lesh is invalid. P~layor Ferguson asked ;fir. Peacock to take this matter to the Budget Committee, to which he replied he had already been to them and felt that it was now a council matter. Mr. Ray made a motion to refer this matter to the City Attorney for him to investigate, to see if the contract with Logan Lesh was valid or not. Attorney Smith was .asked to report back at the next council meeting. Alderman Spencer seconded this motion. Upon voice vote of the council, this motion was passed unanimously. ~i Plext, Mr. Mike Cassin, owner of Crittenden Emergency Medical Services, Inc., addressed the council, asking that some of the funding for his emergency service be provided by the City. He stated that he had submitted his budget request for the past two years, but his re- quest had never been fully honored. He further stated that he could not sign a contract with the city and county if he did not receive his budget request for the coming year. He could not give a definite figure, and the ~~ayor asked him to consult Dick Tidwell, and set up an appointment to discuss this matter. Attorney Srrrith then read the first reading of an ordinance to amend Ordinance 80Z to regulate fees charged for building permits and inspections in the city. Alderman Horton made a motion to adopt the ordinance on the first reading. Alderman Ray seconded this motiora. Alderman Morris then moved that this ordinance be referred back to the Ordinance Committee for furt}per study, and be brought back to the .next Council fleeting. Alderman Shelton seconded this motion. Upon roll call vote, the vote was as folloUrs: AYE: Aldermen: Horton, Jackson, Morris, Ray, Spencer, ~Joodell, Hampton, Hightowrer, Grimsley and Shelton ~JO None This motion was passed unanimously by the Council. Attorney Smith then read an ordinance to waive competitive bidding on a Case 11506 Dozer, establishing an emergency. Alderman Grimsley made a motion that the rule requiring the reading of this ordinance on three different days be suspended. Alderman Horton seconded this motion. Upon roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, ~~lorris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton id0: (done This motion was passed unanimously by the Council. Attorney Smith then read the ordinance for the second time. Alderman Horton made a motion to further suspend the rule requiring reading of the ordinance on three different dates. Alderman Jackson seconded this rnotion. Upon roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton N0: None ~ This motion was unanimously passed by the Council. Attorney Smith then read the ordinance the third and final time. Alderman Shelton made a motion, seconded by Alderman Morris, to adopt the ordinance on the third reading. Alderman Hampton asked that the figure on the dozer, in the amount of $3130.07, be added to the ordinance. Upon roll call vote, the voting was as follows: ~J~ AYE: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Fiightov~rer, Grimsley, and Shelton N0: None This motion passed unanimously, and the ordinance was assigned as Ordinance Edo . 952 . Attorney Smith then read the ordinance to waive competitive ~9 II bidding on the repair of Sanitation Truck fdo. 13, establishing an emergency. Alderman Ray made a motion, seconded by Alderman Hampton, that the rule requiring the reading of the ordinance on three separate dates be suspended. Upon roll roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, ~~lorris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton N0: None This motion was Attorney S man P~lorris made was seconded by as follows: AYE: Aldermen: EdO: None passed unanimously by the Council. mith then read the ordinance the second. time. Alder- a motion that the rule be further suspended, and this Alderman Grimsley. Upon roll call vote, the vote was Norton, Jackson, ~~~orris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton This motion was passed unanimously by the Council. Attorney Smith then read the ordinance the third and final time. Alderman Ray made a motion, seconded by Alderman Horton, that this ordinance by adopted. Upon roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, I~1orris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton N0: None This motion was passed unanimously by the Council. The ordinance was assigned as Ordinance No. 953. Alderman Ray then reported that the Fire Commission had met on November 9, 1978. A fireman, Elbert Bradley, had requested that he be able to move out of the city limits. The Fire Commission upheld Chief Burkhart's decision that the fireman not be allowed to move out of the city since it would be in violation of the present ordinance. Alderman ~~orris said that another city employee, Earl Person of the Utility ~7epartment, had also requested to move out of the city. Alder- man {Morris then made a motion that the Council grant permission for ~4) ~~ s ~~ --.---_~ ORDINANCE N0. . ~-~ AN ORDINANCE TO WAIVE COMPETITIO OTHER PURPOSES. ESTABLISHING AN EMERGENCY AND F WHEREAS, 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~Cityts use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEFiPHIS, ARKANSAS: 1. That competitive bidding be waived for the following fI item to be used by the City, which is described as follows: 4 • / ~~ 1 0 Uozer Serial No. 730234 ~`~ ~` ~'t. ~ - Repair of One (1) Case 1 5 B , ~. ~_.~ ,,. ~ 2. Ebner ency 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 ~, .,f, ,° A'1'TEST : ~CJJ..~t,fl„~. . f~,i__ CITY CLERK hr f f ..~ day of ~ y ~. MAYOR ~ / -°7 ORDINANCE N0. AN ORDINANCE TO WAIVE COMPETITIVE OTHER PURPOSES. ESTABLISHING AN EMERGENCY AND FOR WHEREAS, 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 City'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 MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, which is described as follows: J~~-~ P'~ J C, ~- Repair of Sanitation Truck ido. 13, Serial No. l OG7P~~1182 42 ~~ ~. 2. ~nergency 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 far 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. f r t`. ,'.- PASSED AND APPROVED this day of /~ ~ '~ ~+ ,, ~,; /~ ~ y -~ MNYOR A'1"PEST CITY CLERK ll~-~'.e, ~~ these two men to move within the county as they had requested, and that in the future, no city employee can request or be considered for moving out of the city unless they have been employed for at least eight years--eight consecutive years. This motion was seconded by Alderman Shelton. Attorney Smith then ruled that this would be in violation of the present ordinance, and added that the present r ordinance would have to be repealed. Alderman Grimsley then made a motion, seconded by Alderman Ray, that this matter beytabled and .come back to the next meeting with a change of ordinance and the emergency clause. Upon roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, P~iorris, Ray, Spencer, Woodell, Hampton, Hightower, Grimsley, and Shelton N0: None .This motion was passed unanimously. Alderman Jackson then made a motion that the Council, by means of a voice resolution, request a special census as soon as possible. .This motion was seconded by Alderman Morris. Upon roll call vote, the voting was as follows: AYE: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell, Hampton, Hightower, Shelton N0: None Alderman Grimsley was not present for this vote. Thi s i s Resolution ido. 654. Alderman Woodell then made a motion, seconded by Alderman Shelton, that the City Council go on record as wisi~ing to explore with East Arkansas Community College the possibility of them coming back to West Memphis and offering fresman and sophomore classes. This action was in the form of a voice resolution. Upon roll call vote, the vote was as follows: AYE: Aldermen: Horton, Jackson, ~~orris, Ray, Spencer, Woodell, Hampton, Hightower, Shelton N0: None Alderman Grimsley was not present for this vote. This is Resolution rdo. 655. Alderman Woodell then made a motion that the matter of the mini warehouses be referred back to the Ordinance Committee for the expressed purpose of defining wholesale and retail. Alderman Horton seconded (5) RESOLUTION N0. 65~ SPECIAL CENSUS WHEREAS, the Cities of First Class in~the State of Arkansas, receive a turnback of funds from the State on the basis of population; and, WHEREAS, it is believed the population of West Memphis has town considerably since the last census in 1970; THEREFORE, BE IT RESOLVED THAT: 1. The West Memphis City Council authorizes a census to be taken in the City of West Memphis, Arkansas, at the earliest practicable date. i ATTEST: .F ~~ CITY CLERK 1978.. PASSED AND APPROVED this ~~ day of ~ ~~~ +.~ MAYOR this motion. Upon roll call vote, the vote was as follows: Morris, Ray, Spencer, Gloodell, AYE: Aldermen: Horton, Jackson, Hampton, Hightovrer, Shelton Alderman Grimsley was not present for this vote. The motion passed. Ma or Ferguson then asked the Council to confirm her reappoint- Y ment of (qtrs. Ella Lea Fairley to the Auditorium Committee for a five ear period. Upbn-voice vote of the Council, the Council approved y unanimously the reappointment. f~ayor Ferguson then announced that the swearing in of new city officials would be January 1, 1979, at 10:00 A. M. in the Council Chambers of City Hal 1 . There being no further business to come before the Council, rman S encer moved that the meeting be adjourned. This motion Alde p econded by Alderman Ray. Upon .voice vote of the Council, the was s motion passed and the meeting was adjourned. SED APID APPROVED thi s day of ~.~~~ PAS 1978. P4AYOR ATTEST: ~C~ -,~~ o -. B . f dam, CITY CLERK (J~..a$ea~, ~Q,_ n (6)