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April 19, 1979MINUTES WEST MEMPHIS CITY COUNCIL April 19, 1979 A regular meeting of the West Memphis City Council was held Thursday, April 19, 1979, at 1:30 P.M. in the Council Chambers of City Hall. Present at the meeting were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: R . H . Ray Gary Walker Lloyd Woodell Vince Angeletti Bob Bentley Leon Duvall James Hightower i Pritchard Horton Roberta Jackson Doug Morris Prayer was offered by Reverend W. E. Battle. Mayor Ferguson then asked the Council to approve the minutes G of the Council meeting held April 5, 1979. Alderman Horton ma e a motion, seconded by Alderman Ray, to approve the minutes. Upon voice vote of the Council, the motion was passed unanimously. Next, Mayor Ferguson then presented the members of the Public Facilities Board (Lucille Pate, Ralph Sloan, Clyde Rodgers, Jr., Sam Turner, and Bill Barbour) with plaques and certificates of com- mendation for their outstanding work in helping to obtain a bond issue for West Memphis to aid the city with its real estate needs. Next on the agenda were citizens requests. Mr. Kenny Gahr, Turrell, informed the Council that City Sanitation workers had de- stroyed some cricket cages he owned, and wanted to know why his claim had been denied. Mayor Ferguson asked Mr. Gahr to meet with Alderman Hightower, Chairman of the Small Claims Committee. The next citizen to address the Council was Ms. Loretta Williams, 500 South 19th Street, who spoke against the rezoning of the Billy Johnson property. Ms. Carrie L. Williams, 403 North 11th Street, then spoke against the rezoning of the Johnson property. Mr. P. W. Johnson, 3501 East Polk, then addressed the Council concerning the flood problem in the Eastwood section of the City. Mayor Ferguson asked that he attend the next meeting of the Drainage Committee. Mr. Ray Clark, (no address given), talked against the suggestion from the Drainage Committee concerning charging $1.00 on all utilit Y bills. He stated that this was an "unjust tax." Next, Mayor Ferguson presented a Certificate of Commendation to Police Chief Bobby Keen for his efforts in the recent flood rescue in the city. Next on the agenda was the third and final reading of an ordinance to amend Section 15 of Ordinance No. 715. Attorne Smith Y read the ordinance. A motion was made by Alderman Horton, seconded by Alderman Jackson, to adopt this ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanimously. This is Ordinance No. 962. Attorney Smith then read, for the third and final time, an ordinance to rezone a tract of land in the SE4 of Section 9, Township 6 North, Range 9 East, in West Memphis. Alderman Morris made a motion, seconded by Alderman Horton, to adapt this ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris NO None This motion was passed unanimously. This is Ordinance No. 963. Attorney Smith then read, for the third and final time, an ordinance to repeal Ordinance No. 950, and to amend Ordinance No. 915, designating one utility commission. member to be chosen from each of the five wards in West Memphis. Alderman Jackson made a motion, seconded by Alderman Horton, to adopt this ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris NO None This motion was passed unanimously. This is Ordinance No. 964. (2) Next, Attorney Smith read an ordinance to waive competitive bidding, establishing an emergency and for other purposes. (A copy of this ordinance is attached to the original set of minutes in the Mayor's office.) Alderman Ray made a motion, seconded by Alderman Walker, to waive the rule requiring the reading of the ordinance on three separate days. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanir~ously. Attorney Smith then read the ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Woodell, to further suspend the rules. Upon roll call vote, the vote was: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanim©usly. Attorney Smith then read the ordinance the third and final time. Alderman Walker made a motion, seconded by Alderman Ray, to adopt the ordinance. Upon roll call vote, the vote was as follows: AYE: Aldermen:. Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, `and Morris N0: None This motion was passed unanymously. Alderman Bentley then made a motion, seconded by Aldermen Ray, to adopt the eme~~gency clause. Upon roll call vote, the .vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanimously. This is Ordinance No. 965. Next on the agenda was an ordinance to amend Ordinance No. 958, increasing the face of taxi cabs, and establishing an emergency. Attorney Smith read this ordinance for the first time. Alderman Horton made a motion, seconded by Alderman Ray, to suspend the rule requir;ng the reading of an ordinance on three separate cays. Upon roll call vote, the vote was as follows: (3) AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanimously. 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: Ray, Walke Woode]1, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed unanimously. Attorney Smith then read the ordinance for the third ar~d final time. Alderman Ray made a motion, seconded by Alderman Walker, to adopt this ordinance. Upon roll call vote, the vote was: AYE: Aldermen: Hay, Walker, Woodell, Angeletti, Bentley, Duvall , orton,aand Morris N0: Aldermen: Hightower and Jackson This motion was passed by the Council. After some discussion, Alderman Walker called for the question. This motion was seconded by Alderman Morris. Alderman Walker then made a motion, seconded by Alderman Morris, to adopt the emergency clause. Upon rol] call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti., Bentley, Duvall, Horton, and Morris N0: Alderman Hightower ABSTAINING: Alderman Jackson This motion was passed. This is Ordinance No. 966. Attorney Smith then read a resolution changing the Comprehensive Plan for the Johnson property. Alderman Ray made a motion, seconded by Alderman Angeletti, to adopt this resolution. After some dis- cussion, Attorney Smith then read his ruling on this matter, a copy of which is on file in the Mayor's office. In discussion that fol- lowed, Mr. Herman Spears spoke in favor of the rezoning of this property, while Reverend Ron Mizer and Mrs. Willie Mae Rowe voiced their opposition to the matter. Upon rol] call vote on the resolution, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Duvall, Horton, and Morris (4) N0: Aldermen: Hightower and Jackson ABSTAINING: Alderman Bentley This motion eras passed. This is Resolution No. 690. At this time, Alderman Walker made a motion, seconded by Alderman Morris, that the Council take a five minute recess. Upon voice vote of the the Council, this motion passed unanimously. After a brief recess, Mayor Ferguson called the meeting back to order. The next item of business was an ordinance to rezone the Johnson property, with an emergency clause. Alderman Jackson made a motion, seconded by Alderman Hightower, to not include the emer- i gency clause on this ordinance. After some discussion, Alderman Jackson withdrew her motion and Alderman Hightower withdrew his f second. Attorney Smith then read the ordinance with the emergency clause for the first time. Alderman Ray made a motion, seconded by Alderman Duvall, to waive the rules requiring the ordinance r ' to be read on three separate dates. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Horton, and Morris N0: Aldermen: Hightower and Jackson This mot~con was passed. Attorney Smith then read the ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Ray, to further suspend the rules. Upon roll call vote, the vote was as~'follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Horton, and Morris N0: Aldermen: Hightower and Jackson This motion was passed. Attorney Smith then read the ordinance for the third and final time. Alderman Ray made a motion, seconded by Alderman Horton, that this ordinance be adopted. Upon roll call vote, the vote was as fol- lows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Horton, and Morris N0: Aldermen Hightower and Jackson (5) This motion was passed by the Counci]. Alderman Ray then made a motion, seconded by Alderman Duvall, to adopt the emergency clause. Upon roll call vote, the vote was: AYE: Aldermen: Ray, Walker, Wooden , Angeletti, Bentle Horton, and Morris y~ Duvall, N0: Aldermen: Hightower and Jackson This motion was passed. This is Ordinance No. 967. Ma or Fer y guson then announced that she was going to veto this ordinance, and added that she would give the Counci] her reasons at the next Council meetin . 9 Next, Attorney Smith read an ordinance to vacate Thomas Avenue. Alderman Angeletti made a motion, seconded by Alderman Ray, to ado t p this ordinance on the first reading. Upon roll call vote, the vote was as follows: AYE: Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, Duvall, Horton, Jackson, and Morris NO None Alderman Hightower was out of the room at the time of this vote. A copy of this consent on the matter is on file in the Mayor's office. Next :on the agenda was a resolution commending Bobby Keen. Attorney Smith read the resolution. Alderman Bentley made a motion, seconded by Alderman Duvall, to adopt this resolution. Upon voice vote of the Council, this motion was passed unanimously. This is Resolution No. 691., Next, Attorney Smith read a resolution referring hardship cases to the Board of Adjustment. Alderman Walker made a motion, seconded by Alderman Angeletti, to adopt this resolution. After some discus- sion, Alderman Walker withdrew his motion and Alderman Angeletti with- drew his second. Alderman Ray then made a motion, seconded by Alderman Morris, to table this matter for further study. Upon voice vote of the Council, this motion was passed unanimously. The next topic of discussion was a resolution showing appre- ciation to the University of Arkansas for the recent Port study. Alderman Bentley made a motion, seconded by Alderman Horton to waive the rules and put this item on the agenda. Upon voice vote of the Council, this motion was passed unanimously. Attorney Smith then read this resolution commending the University (6) of Arkansas. Alderman Ray made a motion, seconded by Alderman Horton, to adopt this resolution. Upon roll call vote, the vote was as fol- lows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed. This is Resolution No. 693.E Next, Alderman Ray made a motion, seconded by Alderman Morris, to adopt a voice resolution commending Debbie Eddie for her work as Secretary to the Mayor and her work with the City Council. Upon voice vote of the Council, this vote was passed unanimously. This is Resolution No. 693. Next on the agenda were permission requests. Alderman Horton made a motion, seconded by Alderman Walker, to grant Jerry Riddle's request to dispose of certain records which were no longer needed. Upon voice vote of the Council, this motion was passed unanimously. A copy of this request is on file in the Mayor's office. Next, Mayor Ferguson asked permission from the Council to pay $12,5x0 to the Emergency Medical Service. Alderman Walker made a motion, seconded by Alderman Ray, to draft a check for this amount to EMS. Upon voice vote of the Council, this motion was passed unanimously. Next on the agenda were committee reports. Alderman Ray gave a report from the Police Commission. He stated that the Police Commission recommended that Detective Mike Carter be sent to a school to learn more in the field of surveillance. Alderman Bentley made a motion, seconded by Alderman Duvall, that this recommendation be accepted. Upon voice vote of the Council, this motion was passed unanimously. Alderman Ray then informed the Counci] that Chief Keen had no objections to the ice cream vans.~~vhich had been discussed at the last Council meeting (Circus De]ight Ice Cream). Alderman Ray made a motion, seconded by Alderman Angeletti, that the vans be allowed to operate in the city. After some discussion, Alderman Woodell called for the question. This was seconded by Alderman Walker. Upon (~~ ) 'S ro]] call vote to limit debate, the vote was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and Morris N0: None This motion was passed. Upon roll call vote on the original motion to allow the ice cream vans to operate under Chief Keen's specifications, the vote was as follows: AYE: Aldermen: Ray, Angeletti, Bentley, and Duvall NO Aldermen: Walker, Woodell, Horton, Jackson, and Morris ABSTAINING: Alderman Hightower This motion was defeated. Mayor Ferguson said the Privilege Com- mittee cou]d comp: back to the Council with their recommendations concerning this business. .~ Next, Alderman Ray made a motion, seconded by Alderman Bentley, that Police issue "Safe Drivers Awards." Upon voice vote of the Council, this motion was passed unanimvaely. In other discussion, Alderman Bentley made a motion, seconded by Alderman Jackson, that the Drainage Committee (Alderman Angeletti,` Chairman) ask the City Attorney about the legality of the suggested $1.00 fee on uti]ity bills and report back to the Council. Alderman Ray then made a motion, seconded by Alderman Angeletti, that Alderman Woodel] be on the Drainage Committee. Upon voice vote of the Council, this motion was approved unanimously. There being no further business to come before the Council, Alderman Ray made a motion, seconded by Alderman Horton, that the meeting be adjourned. Upon voice vote of the Council, the meeting was adjourned. °~ dbe Joyce T. Fe guson MAYOR ($) CITY CLERK