November 1, 1979e_~
MIMITES
WEST MEMPHIS CITY COUNCIL
NovE~ER 1, l 979
A regular meeting of the West Memphis City Counc i 1 was held on
November 1, 1979 a t 1:30 p. m. , in West Memphis, Arkansas, a t City Hal 1
in the Council Chambers. Mayor Joyce T. Fe rguson called the meeting t o
order. The following persons were present:
Mayor Joyce ?'. Ferguson
City Attorney Robert Smith
Aldermen:
Leon l~tYal1
James Hightower
Pri tchard Horton
Roberta Jackson
Doug Mo~rr•i s
R. H. Ra y
'Gary Wa1 ke r
Vince Angels t t i
Robert Bentley
Prayer ryas offered by Rev. Henry E. Wi11 iamson, Jr.
The Mayor presented Mr. J. W. Rum'b1e, mho wa°s ~vted to head the
Ameriea~n Legion in the state= of Arkansas, a proclamation because of the
honor he has brought t o the City of West Memphis, and for the great work
he has done. Mr. Rubble stated that it was an honor for him to accept
the proclamation.
The first item of business on the agenda is the approval of two
sets of minutes; the minutes of September 20, 1979 and of October 18, 1979•
The approval of the minutes of September 20 was postponed due to
error in the minutes.
Alderman Ray made the motion, seconded by Al derman DuYa11, to adopt
the minutes of October l8, 1979 as corrected. Upon voice vote of the
Council, the voting was unanimous.
The first item on the agenda under old business i s the thr i d reading
of an Ordinance to resone Lot 7 in BI ock IO of Miles L. Thompson's second
edition. City Attorney Smith read the Ordinance.
Alderman Morris made the motion, seconded by AI derrmcn Angel ett i, to
adopt the Ordinance. Upon roll call vote, the voting was as follows:
AYE: Aldermen: DuYa11, Hightower, Horton, Morris, Ray, Walker, Angeletti,
and Bentley.
N0: None
ABSTAIN: Alderman Jackson
The Ordinance passed on the third reading and was assigned Ordinance No.
983, which reads as f of 1 oros:
a~
~ ~ . ~1
ORDINANCE NO.
An Ordinance to rezone Lot 7 in Block 10 of Miles L.
Thompson's Second Addition to the City of West Memphis,
Arkansas.
WHEREAS, application was made to the City Planning Commission
to rezone the hereinafter described property and after notice
having been published for the time and' in the manner as provided
by Ordinance No. 715, the matter was heard by the Citv Planning
Commission and no persons appeared to protest the sa~r-e but the
Planning Commission recommended that the application be denied.
however, the City Council finds that such application should be
granted; NOW, THEREFORE
BE IT ORDAINED by the City Council of the City of West Memphis
Arkansas:
SECTION L:., That the following described property located
in the City of West Memphis, Crittenden County, Arkansas, to wit:
Lot ? in Block 10 of Miles L. Thompson's
Second Addition to the City of West Memphis,
Arkansas,
be, and the same is hereby, rezoned RM-1.5, Multiple Family Resi-
dential District.
SECTION II: That all ordinances or parts of ordinances in
conflict: herewith are hereby repealed.
PASSED THIS ~ day of 4 ~ ~M ~ ~~ 1979.
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', ~ The second item of business on the agenda under a1 d business was a
second reading of an Ordinance to establish four wac~+ stop signs at
'' Rich Road and Da ve r Road, North A val on and Dover Road, Rich Road and
Balfour Road, and place an electric signal light at Balfour Road and
Worth Avalon Street, whan~ the money is available. CI'ty Attorney read
the 0~~'ati~ance.
Alderman Morris made the motion, seconded by Al dern~acn LtcYa11, to
adapt the Ordinance an the second reading. Upon roll call vote, the
voting was as follows:
'~~ AYE: Alderr~atn: DuYaI1, Hightower, Horton, Jackson, Morris, Ray,
', Wa1 ke r, Angel e t t i , and Bentley.
~~
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I WO: Ndne
'' The Ordinance passed on the second reading.
The City Attorney requested that the Ordinance establishing
', compensation for the Ctty -Attorney be amended; to decrease the
c ampensa t i on from ,x`1,5, 000. DO t o ~`14, 400.00. A t o tat decrease of
600.00.
~Iderman Ray made the motion, seconded by Alderman Hvrton.~, to
amend the Ordinance. Upon voice vote of the Council, the voting
was unanimous.
Alderman Ray made the motion, seconded by Al derman Hv rton, to
adopt the Ordinance, as a,rsended, on the second reading. Upon roll call
vote, the voting woes as follows:
AYE: Aldermen: DuYa11, Hightower, Horton, Jackson, Ray, Angeletti,
and Bentley.
~, W0: None
• M rri s
PASS. Aldermen. Wal ke r, o
f
', The Ordinance passed on the second reading.
III AZ de rman Angel e t t i made the motion, seconded by Alderman Wal ke r,
i
II~'~, to put vn the agenda, the Ordinance to a»send the coning Drdinance #~15"
~' by adding a section known as "PUD" by reference vn the third 'reari~ing.
.Up flay ' vc~-ice - ~vo t e of the Counc i 1, the voting was unanimous.
', City Attorney Smith read the Ordinance to amend the coning
Drdinance #71,5, by adding a section knoum as "PUD" by reference, for
the third and final time.
AI de rman Angel e t t i mAcde the motion, seconded by Alderman Morris,
to adopt the Ordinance on the third reading. Upon roll cat11 vote, the
voting was as fo11 ows:
AYE: Aldermen: DuYall, Hightower, Horton, Jackson, Morris, Racy,
Wag ke r, Angel e t t i , and Ben t1 a y.
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N0: 1Vone
3'he Ordinance passed on the third reading and was assigned Ordinance
N0. 984; which reads as f of I oivs: ~ -~
Q
0 D U
R INANCE N0.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION 1. Ordinance No. 715, dated March 16, 1972, is
hereby amended by establishing a new Chapter known as
"PLANNED UNIT DEVELOPMENT (PUD)".
"SECTION 2. There is hereby adopted by the City Council
of the City of West Memphis, Arkansas, pursuant to Act. 267
of the Acts of the General Assembly of Arkansas of 199,
which provides for adoption of an Ordinance by Reference, (PUD)
of which no less than three C3) copies shall be filed in
the Office of the City Clerk of the City of West Memphis,
Arkansas, anal the same are hereby adopted and incorporated
as fully as if set out at length herein and from the date
on which this Ordinance shall take effect, the provisions
thereof shall be controlling within the City Limits of-the
City of West Memphis, Arkansas." ~ .
SECTION 3. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
' PASSED AND APPROVED this day of~~ U ~G~~ ~~/t
1979.
ATTEST:
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DAN CF~A~
CITY CLERK
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J YCE T. FERG ON .
MAXOR
SPONSORED BY:
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', The first item of business on the agenda under nerd business was an
Ordinance, read by the City Attorney, amending Drdinance #9„37, Personnel
i
Manual adopted by reference on the emergency clause. _
Alderman Horton made the motion, seconded by Alderman DuYa11, to
suspend the rul es~- r"e9.''u i rung the ~ thf~e r`e~a~Ings crf the Ordinance.
Upon roll call vote, the voting was as Poll ows:
AYE: Al der'men: DuYal1, Hightower, Horton, Morris, Ray, Walker, Angeletti,
and Bentley.
'~~ N0: None
PASS: Alderman Jackson
The motion passed.
The City Attorney read the Ordinance for the second time.
Alderman Bentley made the motion, seconded by Alderman DuYall, to
further suspend the Pules. Upon roll call vote, the voting was as
', ~ follows:
AYS: Aldermen: DuYall, Hightower, Horton, Morris, Ray, Walker, Angelatti,
and Ben t1 a y.
N0: None
PASS: Alderman Jackson
The City Attorney read the Ordinance amending Ordinance #9~7,_
Personnel Manual adopted by reference on the emergency clause for the
'~ third and final time.
~~, Alderman Ray made ~6he motion, seconded b y Alderman Morris, t o
', adopt the Drdinance on the third reading. Upon roll call vote, the
' voting was as follows:
~
II
AYI~': Aldermen: I~Ya11, Horton, Morris, Ray, Walker, Angeletti, and
~I Ben t1 a y.
I~, ND: Alderman Hightower, and Jackson.
Alderman Horton made the motion, seconded by Alderman Ray, to
ICI adopt Section 2 of the emergency clause. Upon roll call vote, the
~~ voting was as f oI 1 ows:
AYE: Alderman: DuYa11, Horton, Morris, Ray, Walker, Angeletti, and
Bentley.
• Jackson
ND. Alderman Hightower and
The Ordinance passed on the third reading , and section 2 was adopted.
The Ordinance was assigned Ordinance No. 98,5, which reads as follows:
~~
ORDINANCE N0.
AN ORDINANCE At~iEt~DING ORDINANCE N0. 937,
PERSONNEL t~1ANUAL ADOPTED BY REFERENCE,
DECLfiRING A;~3 EMERGENCY AND ~ FOR OTHER
PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION I. Ordinance No. 937, adopting the West Memphis
Personnel Manual is amended as follows:
A. Section 2.2 Delete Paragraph II ~~
B. Section 2.3 Definition of an Em loyee.
To be el a~ssi fi ed as. a' : ful 1'-time employee ~of the City, you`
must work at leasa~ 30 hours per week.. ~ You may be paid on an
hourly or monthly basis.
. C. Section.2.10.Promotions. .. ._ ... _ .. .
_.. ~ ~ It ~~i s the p.o.1.i ~cy. of~. ~th~e -City of~ Wes~t~ Memph~i.s to f i l l ._ ..~ .
vacancies by. pro.moti ng current employees whenever .possible.
:~ ~ Your w.i l 1 be :gi ven~. conSi~der~a.ti.on and ~ preference .for ~ pos i ti one
,
which represent. a pro~otio.n for you. ~.~ ..
. ~. ~ .
Vacant positions will be posted by the Personnel Department.
If you feel you are qualified for the position, you should contact
_t he Personnel Department for details.
No employee is eligible for promotion to a higher rank
until he has served a minimum of one (1}.year in his current
position, except in case of emergency which will be judged as
such by the Administration.
Recommendations for promotion are based on your performance
in your present job. Attendance, punctuality, efficiency and
conduct will be evLluated. Cor;~petitive examinations are required --
for, certai ~~ pos i ti ens .
AZ1 er~~pioyees tivhc are prorioted are subject to a six (6)~
c:iontn prcbationGry period. During this period, the Departir.ent
Head ray terminate t!~e employee or reduce the er,~p] oyee to hi s
for!rer, or a cor.,parabl e, position.
D. Section 2.2 Appeal Rights.
__ _ _~ x.7
L
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Should you feel you ;gave been treated unfairly., the
folloYling steps nest oe followed in order to resolve the problem.
1 . Discuss the probl ecr ti+~i th your Supervisor. i~1ost
problerr,s can be resolved in this manner.
- 2. If you and your Supervisor are unable to resolve
the problem, he/she --ri 11 set up a r~eeti ng ~~i th your Department
Head.
3. If the Department Head is unable to resolve the
problem to your satisfaction, you should request that the
Department Head set up a meeting with the Commission whic~~
loversees your 7epart,ment.
... .
4. ~ hf ,~ 'after meeting ~ with the Comr~i ssi~on for your
Department, or, if your Department has no Commission, you.
'may appeal c-i rectly to the r~~layor. Your Department Head must
..arrange the r~eeti ng.. ~. ~ .. . ~ . ~~ :- - . ~. : -.~ ....
S~:~~ The ~l~layor ~~~"~i11~ d~i~s~cuss the matter with .Xou, :and _ "
. - . '.will have -the final authority i n -the matter.
- , ~E r ~Secti on .3.5_ Su,spens.i on .. _ .. , ~ ~ '. ~ ~ . ~ ~ .. - ~ .
.~~ Failure to~ abide by the City's policies of conduct, may
''result in suspension without pay.
Suspensions are at the discretion of the Department Head.
" If you feel you have been treated unfairly, you should
~' "see the secti o'n on "Appeal Rights" , {2. i 5) , i n this rr~anuai .
F . Delete Section ~+.8 Tuti ti on P,efund Program
SECTION II. EMERGENCY -CLAUSE
.~ If having been found and determined by the City Council
~, `,, of the City of hest t~er~phi s , Arkansas , that i t i s des i rabl e
that some changes be made i n the City Personnel "~f1anual , an
:..emergency is hereby declared, and this Ordinance being necessary
'for~the public peace, health, and welfare of the citizens of
West Memphis, Arkansas, shall be in full force, and effect from
and after the date of its passage.
PASSED A.dD APPROVED this ~ da of ~ ~~~'~~ ~' ~`~' 1979.
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AT T E T ,~
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Committee Reports:
The Budget Committee rec vrernended a t ranaf e r of funds wi thin the
departments. A 1 ist of the transfers are as follows:
_INC ASS _.~CR£'ASE
Sanitation ~` `~ 225.00 ~` 225'. 00
Municipal o, ff i ces 95'0.00 95"0.00
Municipal Court 500.00 5'00.00
Street 15, D00.00 15, 000. DO
.Ffnance 25. o0 6, 025.00
City Attorney 250.00 250.00
Police 9, 5~5. o0 9, 575.00
Administration 800.00 800.00
~'i re 400.00 400.00
Water 5, 000.00
5, ooo. 00
Utility 1, ooo. 00 1, 000.00
Parka mod. ~~~rea~t~ior~ 1 a, 600.00 4, 600.00
EI e a t n' c 47, 806.00 47, 806.00
mature Power Supply 8,,,,nO~ . ap
X99, 7.,3.1. oo #99~ 7.31.00
Al derna~cn Morris reads the motion, seconded by Aldermen Horton, to
adopt the Budget Committee's recommendation. Upon roll call vote, the
va t i ng was as f ol1 ores:
AYE: Aldermen: DuYa11, .Hightower, Horton, Jackson, Morris, Ray, Walker,
Angeletti, and Bentley.
No: None
The motion passed.
Alderman Bentley stated that the Privilege License Convrzittee
had compiled the privilege license fees and he recommended that the
Privilege License Committee give the 1 ist to the .budget Committee
for evaluation and for them to do urhatever the ~
y feel necessary.
Alderman Hightower asked about a report made October 16, 1979
at the Chad`ans .Ccr~ee_me'eti~~g~.-~~,~:OO~..~~., f,wnee~aing the
olaim of J~'ohn Alexander. He stated that Mr. Alexander had been
referred to the 'Personnel Department of the City. He asked
if anything had yet been done for him.
Alderman Bentley stated that the only thing that Mr. Al exande r
coul d do tvoul d be to file for compensat i'on and i f he was refused to
f i1 e for soatad security.
Alderman ~;F1ay stated that he had a letter from 1'Trs. Aileen Field,
wha is handicap, that 1 Ives on Danner. The lettor stated that she had
a travel trailer beside her home that her son slept in. She mote
that there wot8 not enough room for her son to sleep -ire 7~er home, so
he slept in the trniler, but ate wi th her in her home and watched
over her. She wrote that she had no one else to care ,for her.
Alderman Ray made the motion, seconded by Alderman Walker, that
the Council gave Mr. Avery the authority to leave the trailer there for
one year onl y. Upon roI l cal 1 vote, the voting was as f o11 ows:
AYE: Aldermen: DuYall, Hightower, Horton, Jackson, Morris, Ray,
Walker, Angeletti, and Bentley.
N0: None
__ ~ The motion passed.
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i Announcements:
i
The Mun i c i paI .League meets November 4, 5, and 6 i n Hot Springs,
Arkansas.
i
Mr. David Freeman will be here for a meeting November 6, at ,3: 3D
p. m. i n the Utility Building Conference Room.
The Chamber of Commerce is giving a reception at the Ramada Inn
a t 5:30, November 6.
AI de rman DuYal l made the motion that the meeting be adjourned. Upon
voice vote of the Council, the voting was unanimous.
The Meeting adjourned at „j:47 p. m.
..
PASSED AND APPROVED this ._._ day of 199.
Joyce T. Ferguson
Mayor
City Clerk°