April 5, 1979MINUTES
WEST MEMPHIS CITY COUNCIL
APRIL 5, 1979
A regular meeting of the West Memphis City Council was held Thursday,
April 5, 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 Ferguson
City Attorney Robert Smith
Aldermen:
R. H. Ray
!: Gary Walker
Lloyd Woodell
Vince Angeletti
Bob Bentley
Leon Duvall
James Hightower
: Pritchard Horton
Roberta Jackson
Prayer was offered by Reverend W. E. Battle.
Mayor Ferguson announced that this was Student Government Day and asked
the Student Mayor, Benton Felts, to also lead in prayer.
Mayor Ferguson then presented certificates to the senior students who had
participated in the Student Government Day. A list of these students is on
file in the Mayor's Office.
Mayor Ferguson then asked the Council to approve the minutes of the Council
meeting held March 15, 1979. Alderman Jackson made a motion, seconded by Alder-
man Horton, that the minutes be approved as written. Upon voice vote of the
Council, this motion was passed unanimously.
A motion was then made by Alderman Walker, seconded by Alderman Ray, to
'' place Citizens Requests at the end of the agenda. After a brief discussion,
Alderman Walker and Alderman Ray withdrew their motion and second. Mayor
Ferguson then announced that the Resolution and Ordinance concerning the Johnson
Property had been tabled until the next Council Meeting.
The first citizen to address the Council was Ms. Helen I~ra11,209 South 19th
Street, who asked that he Council grant her permission to have a Beauty Shop in her
home. Mr. Ray asked to go on record to grant this for one year, rather than two
years. Alderman Jackson then made a motion, seconded by Alderman Hightower to
grant this variance. Alderman Ray asked that this motion be amended to grant this
request for the balance of this year. Alderman Jackson and Alderman Hightower then
amended their motion to be for one year from the date of this meeting. Upon voice
vote of the Amendment, it was passed unanimously. The Mayor then called for a
roll call vote on the amended motion. The vote was as follows:
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Aye: Aldermen: Morris, Ray, Walker, Woodell, Bentley, Duvall, Hightower,
Horton, and Jackson
No: Alderman Angeletti
This motion was passed by the Council.
The next citizen to speak was Mr. Rick Baker, 3467 Democrat, Memphis,
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Tennessee, who is the Manager of Circus Delight Ice Cream Company. Mr. Baker
told the Council that two ladies from West Memphis had approaced him and
requested permission to conduct a vending truck operation here in the City.
Mr. Baker asked-the Council to allow this operation. After some discussion,
Alderman Morris made a motion, seconded by Alderman Duvall to table this matter
until the next council meeting. Upon roll call vote, the vote was as follows:
Aye: Aldermen: Morris, Walker, Bentley, Duvall, Hightower, and Horton
No: Alderman Angeletti
Abstained: Aldermen: Ray, Woodell, and Jackson
The motion passed to table this matter.
Alderman Ray requested that Mr. Baker be present at the next Police Commission
Meeting.
~"` The next Citizen to address the Council was Mr. William R. Spencer, 509
Auburn, who talked of the poor drainage and the flooding problems in the City.
'; He stated that this should be a top priority in the City. Mayor Ferguson
then stated that she wanted a copy of a flood report to be a matter of record.
The next citizen to be heard was Reverend Ron Mizer, 800 Thompson, who
stated that Johnson Sheet Metal caused a drainage problem in the area. He
asked that the Council not rezone the Johnson Property.
Next on the agenda was old business. Attorney Smith then read, for the
third and final time, an ordinance to establish fees for plumbing, sewer, water,
~; -and gas inspections at residential rates and commercial and industrial rates
within the City. Alderman Morris made a motion, seconded by Alderman Jackson,
to adopt the ordinance on the third reading. Upon roll call vote, the voting
~ was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This motion was passed unanimously.
This Ordinance No. 959.
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Attorney Smith then read, for the second time, an ordinance to amend
Section 15 of Ordinance No. 715 of West Memphis. Alderman Woodell made a
motion, seconded by Alderman Walker, that this ordinance be adopted on the
second reading. Upon roll call vote,the vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This Motion was passed unanimously.
Attorney Smith then read, for the second time, an Ordinance to rezone a
tract of land in the SE 1/4 of Section 9, T6 N, R9E, West Memphis.. Alderman
Morris made a motion, seconded by Alderman Horton, to adopt this ordinance
on the second reading. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson
No: None
This motion was passed unanimously.
Attorney Smith next read an Ordinance to repeal Ordinance No. 950, and to
Amend Ordinance No. 915, concerning the Utility Commission. Alderman Horton
made a motion, seconded by Alderman Jackson, that this ordinance be passed on
the second reading.
Alderman Horton than asked that an amendment be made to Section 2 of this
ordinance. He made a motion seconded by Alderman Jackson, to adopt this amendment.
Mayor Ferguson then asked fora roll call vote on the adoption of the amendment.
The vote was as follows:
Aldermen: Aye: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower,
Horton, and Jackson.
No: None
This Amendement was passed unanimously.
Upon roll call vote on the adoption of the amended ordinance, the vote was
as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower,
~ Horton, and Jackson.
No: None
This amendment was passed unanimously.
Next .Attorney Smith read a Resolution requesting federal financial assistance
for the 10-15 Mile Bayou Project. Alderman Duvall made a motion, seconded by
Alderman Walker, to adopt this resolution. Upon roll call vote, the votes were
as follows:
I
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men: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Aye : Al der
Hightower, Horton, and Jackson.
No: None
motion was passed unanimously. This is Resolution No. 683. Mayor Ferguson
This
re uested that a copy of the flood report be made matter of record. A copy of
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this report is on file in the Mayor's Office.
Attorney Smith then read a Resolution authorizing the Mayor to request
state aid street funds from the Director of Highways and Transportation. A
motion was made by Alderman Morris, Seconded by Alderman Horton, to adopt this
Resolution. Upon roll call vote, the vote was as follows:
A e: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
y
Hightower, Horton, and Jackson.
No: None
This motion was passed. This is Resolution No. 684.
Attorney Smith then read a Resolution to show Appreciation to Dr, Gilbert
Jay for donation of office furniture for the New City Shop. Alderman Ray made
a motion, seconded by Alderman Duvall, to adopt this resolution. Upon roll
call vote, the vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This motion was passed unanimously, and is Resolution No. 685.
Attorney Smith then read a resolution requiring two Aldermen to sponsor
and sign ordinances before being placed on the agenda. Alderman Duvall made a
motion, seconded by Alderman Angeletti, to adopt this resolution. Alderman Ray
stated that he felt the Mayor's name should be added, showing that she could
also submit ordinances. Alderman Duvall then amended his motion to this effect.
Alderman Ray made a motion, seconded by Alderman Morris, to adopt this amendment.
Upon voice vote of the Council, this motion was passed unanimously. Upon roll
call vote of the resolution with the amendment, the vote was as follows:
~ Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
~ Hightower, Horton, and Jackson.
No: None
This motion was passed, and is Resolution No. 686.( A copy of this amended
Resoluton is on file in the Mayor's Office).
Attorney Smith then read a Resolution to show appreciation to First Baptist
Church for the use of their bus in going to Little Rock to support the Vo-Tech
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Alderman Duvall made a motion, seconded by Alderman Ray, to adopt this
resolution. Upon roll call vote, the vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This motion was passed and this is Resolution No. 687.
"~ I mmend the Public Facilities
Next City Attorney Smith read a Resolution to co
Board. Alderman Duvall made a motion, seconded by Alderman Woodell, to adopt
this resolution. Upon roll call vote, the vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson
No: None
This motion was passed. This is Resolution No. 688.
Attorney Smith then read a Resolution recommending a change in the West Memphis
Comprehensive Plan for the McCain Property. Alderman Ray made a motion, seconded
by Alderman to adopt this resolution.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This motion was passed. This is Resolution No. 689.
Next City Attorney Smith read a Resolution to vacate a street as requested
by Charles Safley and James F. Waggener. Alderman Angeletti made a motion,
seconded by Alderman Duvall, to adopt this resolution. Upon roll call vote, the
vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None
This motion was passed. This is Resolution No. 690.
Next on the agenda was an ordinance to rezone the McCain Property, with an
emergency clause. Attorney Smith read the Ordinance. Alderman Ray made a motion
seconded by Alderman Horton, to suspend the rules requiring the reading on three
separate days. Upon roll call vote, the vote was as follows:
Aye: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall,
Hightower, Horton, and Jackson.
No: None.
This motion was passed.
Attorney Smith then read the ordinance for the second time. Alderman Horton
made a motion, seconded by Alderman Ray, to further suspend the rules. Upon roll
call vote, the vote was as follows:
AYE: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, High-
tower, Horton, and Jackson
N0: None
This motion was passed unanimously.
Attorney Smith then read the ordinance for the third and final time. Alder-
man Ray made a motion, seconded by Alderman Duvall, to adopt the ordinance. Upon
roll call vote, the vote was:
AYE: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, High-
tower, Horton, and Jackson
NO None
This motion was passed unanimously.
A motion was then made by Alderman Rya, and seconded by Alderman Bentley, to
adopt the Emergency Clause. Upon roll call vote, the vote was:
AYE: Aldermen: Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, High-
tower, Horton,ald Jackson
N0: None
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~, This motion was passed. This is Ordinance No. 960.
Next, Attorney Smith read an ordinance to amend Section 8.2 of the Zoning Code.
Alderman Ray made a motion to adopt the ordinance on the first reading. After some
discussion, Alderman Duvall made a motion to table this ordinance until the next
Council meeting. Alderman Ray withdrew his motion. Alderman DuVall's motion died
for lack of a second.. Alderman Angeletti then made a motion, seconded by Alderman
Walker, to adopt this ordinance. Af ter a brief discussion, Alderman Bentley then
made a motion, seconded by Alderman Duvall, to refer this matter to a committee
for refinement and study before taking a vote on the issue. Upon voice vote of
the Council, this motion was passed unanimously. Mayor Ferguson then appointed an
Ordinance Committee consisting of the following people: Alderman Bentley, Alderman
Jackson, Eddie Brawley, and Attorney Smith, Chairman. The mayor asked the Council
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to report back in two weeks if possible.
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Attorney Smith then read an ordinance to provide for the City of West Memphis
to perform electrical work on its own facilities without licensed electricians, de-
claring an emergency. Alderman Horotn made a motion, seconded by Alderman Duvall,
to suspend the rules requiring the reading on three separate days. Upon roll call
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vote, the vote was:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, Duvall, Hightower, Horton, and
Jackson
NO Aldermen: Walker and Angeletti
This motion was passed by the Council.
Attorney Smith then read the ordinance for the second time. Alderman Horton
made a motion, seconded by Alderman Woodell, to further suspend the rules. Upon
roll call vote, the vote was as follows:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, Duvall, Hightower, Horton, and
Jackson
NO Aldermen: Walker and Angeletti
This motion was passed.
Attorney Smith then read the ordinance for the third and final time. A
motion was made by Alderman Horton, seconded by Alderman Ray, to adopt the ordinance.
Upon roll call vote, the vote was as follows:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, DuUall, Hightower, Horton, and
Jackson
NO Alderman Angeletti
ABSTAIN: Alderman Walker
The motion was passed. Alderman Walker then asked that Secion 2 be amended to in-
clude "personnel performing the work are under the employment.....of the West Mem-
phis Utility Commission." Alderman Duvall made arm tion, seconded by Alderman Horton,
to amend the ordinance. Upon voice vote, all aldermen voted "yes", with the exception
of Alderman Angeletti, who voted "no". The amendment passed.
Alderman Ray then made a motion, seconded by Alderman Bentley, to expunge the
record. Upon voice vote on expunging the record of the vote made on the third read-
'~ ing of the ordinance, the vote was nine alderman voting "yes", and Alderman Angeletti
who voted "no". The motion passed. Mayor Ferguson then called for a roll call vote
on the amended motion. The vote was as follows:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, Duvall, Hightower, Horton, and
Jackson
N0: Alderman Angeletti
ABSTAIN: Alderman Walke r
The ordinance passed on the third reading. Alderman Ray then made a motion, seconded
by Alderman Jackson, to adopt the emergency clause. Upon roll call vote, the vote
was:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, DuUall, Hightower, Horton, and
Jackson
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N0: Aldermen: Walker and Angeletti
This motion was passed by the Council. This is Ordinance No. 961.
The Mayor then turned the meeting over to Vice Mayor Ray, and excused herself
from the meeting for a brief time.
Alderman Walker then made a motion, seconded by Alderman Morris, to endorse
the Mayor's letter to Governor Clinton in which she statedrW~st Memphis was treated
unjustly in the dog track issue. Upon voice vote, nine alderman voted "yes", and
Alderman Horton voted "no".
The next item of business was the approval of a preliminary plat (McCain
Property). Alderman Morris made a motion, seconded by Alderman Duvall, to approve
this plat. Upon~woice vote of the Council, this motion was passed unanimously.
Next, Alderman Morris made a motion, seconded by Alderman Angeletti, that
the final plat of the McCain Property be approved.Upon roll call vote, the vote
Wd5:
AYE: Aldermen: Morris, Ray, Woodell, Bentley, Duvall, Hightower, Horton, Jackson,
Walker, and Angeletti
NO None
This motion was approved.
Next on the agenda were committee reports. Alderman Walker, in a report from
the Fire Commission, quoted three bids received on a 1979 Pickup Truck which the
Fire Department needed. He made a motion, seconded by Alderman Woodell, that the
Council accept the low bid from Tom Gibson Ford. A copy of these bids is on file
in the Mayor's Office. Upon voice vote of the Council, this motion was passed
unanimously.
Alderman Horton then gave a report from the Public Works Committee, and asked
the aldermen to submit a list of the streets in their ward that were in "desparate
need of repair. "
Alderman Walker then gave a report from the Park Commission. In a discussion
of the Lamar Rodgers Swimming Pool area, he asked that the Council give their ap-
? proval for plans being made for the area when and if the funds become available to
the Park Commission. A copy of this proposal is on file in the Mayor's office.
Alderman Walker made a motion, seconded by Alderman Angeletti, to accept the compre-
hensive program from the Park Commission. After some discussion, Alderman Morris
made a motion, seconded by Alderman Bentley, to limit debate. Upon roll call vote,
the vote was as follows:
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AYE: Aldermen:
N0: Aldermen:
This motion was
original motion.
AYE: Aldermen:
N0: .None
Morris, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower,
and Ray
Horton and Jackson
passed. Mayor Ferguson then called for a roll call vote on the
The vote was:
Morris, Walker, Woodell,Angeletti, Bentley, Duvall, Hightower,
Horton, and Jackson
ABSTAIN: Alderman Ray
Alderman Ray then changed his vote to "yes." The motion was passed by Council.
Alderman Hightower then gave a report from the Claims Committee. He presented
the claims of Delta Sports Center, Willie Rance, Jr., and Holly Stevenson. A copy
of these claims is on file in the Mayor's office. Alderman Morris made a motion,
seconded by Alderman Horton, to deny all three claims. Upon roll call vote, the
vote was as follows:
AYE: Aldermen: Morris, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower,
Horton, and Jackson, and Ray
N0: None
This motion was passed by the Council.
Mayor Ferguson then asked the Council to confirm the following appointments:
1.) Reappointment of Mr. Ed Bretherick to Advertising and Promotion;
2.) Mr. Ronnie McDermott to the Electrical Examining Board; and,
3,) Mr. Jay Woods to the Ad-Hoc Committee.
Upon voice vote of the Council, these appointments were confirmed unanimously.
There being no further business to come before the Council, Alderman DuUall
made a motion, seconded by Alderman Ray, that the meeting be adjourned. Upon
voice vote of the Council, the motion passed and the meeting adjourned.
PASSED AND APPROVED thi s = ' day of ~ ,,~t~ ~ l 979
oyce T. Ferguson
MAYOR
dbe
CITY CLERK