Loading...
March 15, 1979i MINUTES WEST MEMPHIS CITY COUNCIL March 15, 1979 A regular meeting of the West P~emphis City Council was held Thursday, March 15, 1979, at 1:30 P. M. in the Council Chambers of City Hall. Mayor Joyce Ferguson called the meeting to order. Present at the meeting were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Roberta Jackson Doug Morris R. H. Ray Gary Walker Lloyd Woodell Vince Angeletti Bob Bentley Leon Duvall James Hightower Pritchard Horton Prayer was offered by Mr. Eddie Brawley. Mayor Ferguson then told of the bid opening, concerning the Community Development Program, and asked Attorney Smith to read the bids that been submitted. After reading all bids, Mayor Fer- guson announced that these bids would be turned over to the C. D. Agency, the City Attorney, and the Engineer for review and award of the contract. The Mayor then asked the Council to approve the minutes of the February 15, 1979, and March 1, 1979, Council meetings. Alder- man Duvall made a motion, seconded by Alderman Ray, that these minutes be approved as written. Upon voice vote of the Council, the motion was passed unanimously. Next on the agenda were citizens requests. There being no citizens to address the Council, the meeting continued with old business. Attorney Smith then read, for the third and final time, an ordinance to increase the fare of taxi cabs. Alderman Morris made a motion, seconded by Alderman Horton, to adopt this ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, ~loodell, Angeletti, Bentley, Duvall, Hightower, and Horton N0: None y The motion was passed unanimously. This is Ordinance No. 958. Attorney Smith then read, for the second time, an ordinance to establish fees for plumbing, sewer, water, and gas inspections. Alderman Jackson made a motion, seconded by Alderman Horton, to adopt the ordinance on the second reading. Upon roll call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, DuVa]1, Hightower, and Horton N0: None This motion was. passed unanimously. The next order of business was a resolution commending Fireman Eugene Brownlow. Attorney Smith read the resolution, commending Mr. Brownlow for his heroic deed in saving the life of a young boy. Alderman Horton made a motion, seconded by Alderman Jackson, that the resolution be adopted. Upon roll call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton NO None This resolution was unanimously adopted by the Council. This is Resolution No. 678. Mayor Ferguson and Fire Chief Thomas Burkhart then expressed their gratitude, and presented Mr. Brownlow with a copy of this resolution. Mayor Ferguson then asked the Council to recognize Judge Jack Brawley and Mr. Brien Williams at this time. Judge Brawley addressed the Council concerning a site for the proposed Juvenile Center. Afte r some discussion, Alderman Bentley stated that he wanted to go on reco rd as being in favor of the Neighborhood Facility location,between 13th Street and 14th Street, for the site of the Center. After a brief discussion, no action was taken by the Council at that time. Mr. Brien Williams then addressed the Council, asking that the County be allowed to place a 14 X 70 trailer at the present Neighborhood Facility to be used as a temporary office for the Health Department. Attorney Smith then told Mr. Williams he should go before the Planning Commission. Mr. Calvin Avery, City Inspector, then said that Mr. Williams should go before the Board of Adjustment (2) 1 3 to request a temporary permit, and after twelve months he would have to come back to the Council to again request a permit for this purpose. Alderman Bentley said he agreed with Mr. Avery that the Board of Adjustments could grant the variance; however, since this is city property, he felt that it should come back before the Council before permission could be given. Attorney Smith agreed, and no definite action was taken by the Council. After a brief recess, in which the Ad-Hoc Committee met, Mayor Ferguson called the meeting back to order. Alderman Walker then made a motion, seconded by Alderman Angeletti, that if the property located at the Neighborhood Center Facility met the requirements set forth by the LEAH, that this property would be put forth as the City's choice for the Juvenile Youth Center. Upon roll call vote, the vote was as follows: AYE: Alderman: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, and Horton NO Alderman: Jackson and Hightower This motion was passed by the Council. At this time, Alderman Woodell made a motion, seconded by Alderman Duvall, that the Council consider the request to locate the mobile facility (for temporary office for the Health Department), subject to the approval of the Board of Adjustment. After some discussion, Alderman Woodell withdrew his motion, and Alderman Duvall withdrew his second. No action was taken by the Council. The next item of business was a resolution, read by Attorney ~', Smith, establishing guidelines and approving for implementation the Housing Assistance Program of West Memphis. Alderman Walker made a motion, seconded by Alderman Jackson, to adopt this resolu- tion. Upon roll call vote, the vote was as follows: ~~ AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton NO Alderman:None This motion was passed unanimously. This is Resolution No. 679. Next, Attorney Smith read a resolution from the Planning Com- mission,commending Mayor Ferguson for her efforts in trying to obtain TVA power for West Memphis. This resolution was not voted (3) on, but is a matter of record in the Mayor's office. The next item on the agenda was a resolution concerning the motel tax. This resolution had been passed at an earlier Pre- Council meeting, but was not assigned a number. However, since it was not voted on in Council (open meeting), no number was assigned at this time. Attorney Smith then read a resolution changing meeting dates of Counci] meetings to include one meeting at night per quarter. Alderman Duvall made a motion, seconded by Alderman Jackson, to adopt this resolution. After some discussion, Alderman Morris called for the question. Alderman Duvall then withdrew his mo- tion. Alderman Morris then made the same motion, stil] seconded by Alderman Jackson, and upon roll call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Walker, Angeletti, and Hightower NO Aldermen: Bentley and Horton ABSTAIN: Aldermen: Ray, Woodell, and Duvall Alderman Ray and Alderman Woodell then changed their vote to "NO". The motion failed, with the fina] vote being five for the motion, four against it, and one abstaining. Next, Attorney Smith read a resolution requesting the city attorney to review certain contracts. Alderman Angeletti made a motion, seconded by Alderman Jackson, that this resolution be adopted. After some discussion, Alderman Morris called for the question. This was seconded by Alderman Walker. Upon roll call vote for limiting debate, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, and Duvall, Hightower, and Horton NO None This motion, for limiting debate, passed unanimously. The Mayor then called for a roll call vote on the original motion to adopt the resolution. The vote was as follows: AYE: Aldermen: Jackson, Morris, Walker, Woodell, Angeletti, Bentley, DuVa]1, and Hightower NO Aldermen: Ray and Horton This motion passed. This is Resolution No. 680. (4) y .. , Next, Alderman Woodell made a motion, seconded by Alderman Ray, to expunge the record of the previous vote concerning the attorney reviewing city contracts. Upon voice vote of the Council, it was unanimously agreed for this item to be placed on the agenda. Upon roll call vote, then, to expunge the record, the vote was as follows: AYE: Aldermen: Jackson, Ray, Woodell, Bentley, Duvall, Hightower, and Horton NO Aldermen: Morris, Walker, and Angeletti This motion was passed, and the record was espunged. This caused Resolution No. 680 to be taken off the record. Attorney Smith then read, for the first time, an ordinance to amend Section 15 of Ordinance No. 715 of West Memphis concerting zoning and mini-warehouse storage. Alderman Angeletti made a motion, seconded by Alderman Horton, to adopt the first reading of this ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton NO None This motion was passed unanimously. The next order of business was the first reading of an ordinance to rezone a tract of land in the SE% of Section 9, Township 6 North, Range 9 East, West Memphis, Arkansas. Attorney Smith then requested that the Council waive the rule to read the legal description. Alder- man Ray made a motion, seconded by Alderman Horton, to waive this rule. Upon voice vote of the Council, this motion was passed unanimous- ly. Attorney Smith then read the ordinance. Alderman Horton made a motion, seconded by Alderman Ray, to adopt the ordinance on the first reading. Upon rol] call vote, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton ~ NO None This motion was passed unanir~ously. Next, Attorney Smith read, for the first time, an ordinance to repeal Ordinance No. 950,. and to amend Ordinance No. 915, designating one Utility Commission member from each of the five (5) • wards in the city. Alderman Jackson made a motion, seconded b Y Alderman Hightower, to adopt the first reading of this ordinance. After some discussion, Alderman Duvall made a motion, seconded by Alderman Ray, that this matter be tabled unti] the City Attorne Y could get a written opinion from the Attorney General concerning the validity of this ordinance. Alderman Duvall then requested that the City Council be furnished a written legal opinion on the title of the ordinance, along with copies of Ordinance No. 915 and No. 950, and that the Attorney General also be furnished a copy of this title. Alderman Morris then made a motion, seconded by Alderman Woodell, to limit debate. Mayor Ferguson then Balled for a roll call vote on the tabling of this ordinance until the Attorney General could render an opinion. The vote was as follows: AYE: Alderman: Ray and Duvall NO Aldermen: Jackson, Morris, Walker, Woodell, Angeletti, Bentley, Hightower, and Horton This motion failed. The Mayor then called for a roll call vote on Alderman Morris' motion to limit debate. The vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton NO None This motion passed unanimously. Mayor Ferguson then called for a roll call vote on the main motion (to adopt ordinance on the first reading). The vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Hightower, and Horton NO None ABSTAIN: Alderman Duvall This motion passed. ~~ ~. Next, there was discussion concerning the Gross Tax and Receipts Act (1~ sales tax). Alderman Ray made a motion, seconded by Alder- man Horton, to waive the rules and put this resolution on the agenda. Upon voice vote of the Council, this motion passed unanimously. Attorney Smith then read this resolution. Alderman Ray made a motion, seconded by Alderman Horton, to adopt this resolution. After some discussion, Alderman Woodell called for the question. This was (6) 4 ~. ~. seconded by Alderman Walker. Upon voice vote of the Council, this motion passed unanimously. Upon roll call vote on the original motion to adopt the resolution, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodall, Bentley, Duvall, Hightower, and Horton N0: Alderman Angeletti This motion was passed by the Council. This is Resolution No. 680. Next on the agenda were permission requests. Alderman Horton made a motion, seconded by Alderman Jackson, that the Public Works Committee be allowed to advertise for bids on a packer. Upon voice vote of the Council, this motion was unanimously approved. A motion was then made by Alderman Horton, seconded by Alder- man Morris, that a resolution be sent to Mr. Bill Mulhollen of the Arkansas State Highway Department, requesting that they begin work as soon as possible on the resurfacing of Broadway. Upon roll call vote on this voice resolution, the vote was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodall, Angeletti, ', Bentley, Duvall, Hightower, and Horton N0: None This motion was passed unanimously. This is Resolution No. 681. A discussion then followed concerning the owners of heavy trucks driving their tractors from the location where they leave their trailers to~their homes. This is damaging streets in resi- dential areas. At this time, no action was taken by the Council. ', Mayor Ferguson then talked with the Council concerning a '~ trade center. Alderman Ray made a motion, seconded by Alderman Bentley, that a resolution be sent to Bill Alexander asking that West Memphis be considered as a site for a trade center in the future. Upon voice vote of the Council, this was unanimously approved. This is Voice Resolution No. 682. Mayor Ferguson then appointed the following people to the Budget Committee: Doug Morris,(Chairman~,James Hightower, Lloyd Woodall, Pritchard Horton, and R. H. Ray. This committee will meet on the first and third Tuesdays at noon. Mayor Ferguson asked the Council members for any closing com- ments they might have. Alderman Walker asked to go on record to (~) show his appreciation to Representative Lloyd McCuiston for the stand he took on the controversial Senate Bill No. 89. Alderman Horton then asked the Council members to remember that the deadline for placing items on the agenda was noon on the Friday before Council meetings. Alderman Bentley then asked the Mayor to consider allowing emp]oyees with tenure to live outside the city limits, if they are not with an emergency department, such as the Fire Department and Police Department. There being no further business to come before the Council, Alderman Duvall made a motion, seconded by Alderman Morris, that the meeting be adjourned. Upon voice vote of the Council, the motion. passed unanimously and the meeting was adjourned. PASSED AND APPROVED this ~~~ day of _ 1979. Joyce T. F rguson MAYOR dbe .~ (8)