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December 20, 1979~~~ MINCJTES WEST MII~?PHIS CITY COiJNCIL DECEMBER 20 , 19 79 A regular meeting of the West Memphis City Council was held on December 20, 1979, at 1:30 p.m. in West Memphis, Arkansas at City Hall in the Council Chambers. Mayor Joyce Ferguson called the meeting to order. The following persons were present: Mayor Joyce Ferguson City Attorney Robert Smith Aldermen: Roberta Jackson Doug Morris R. H. Ray Gary Walker Lloyd Woodell Vince Angeletti Robert Bentley Leon Duvall James Hightower Pritchard Horton Prayer was led by Mayor Joyce Ferguson. Awards: Mayor Ferguson presented Mr. G. W. McAuley a Resolution coa~mending him for his fine service to the City of West Memphis for the past 50 years. Mayor Ferguson presented a number of City Employees certificates for their help in compiling a promotional and informative package for the Port Book. The following received certificates: Joyce Huston, Cindy Early, Renita Rash, Carolyn Barr, Junita Clark, Susan Hall, Patricia Holland, Gary Pospisil, and Don Christian. There were a n~nber of other employees who received pans for their services to the City for 5, 10, 15, 20 and one employee received a pin for 40 years of service. The following received 5 year pins: Bemis Franks, Daniel Richard, Gerald Martin, Stanley Nichols, Gary Gitchell, David Jones, Donnie Gean, James Houston, James Cage, Jr., Wallace Perry, Jr., Dorotha Roberts, Robert Riley, Robert Rodgers, Carl Trotter, Raymond Banks, Willie C. Hobbs, Arnold W. Hicks, Charles Eaton, Marvin W. Jones, Freddie J. Ridgley, and Lester Sells. The following received 10 year pins: James Hall, Jerry Gobbell, Joseph Parker, Semmie Davis, Charles Gladney, Phillip G. Rushing, and Louis Pope. ~~~ ", ~.. The following received 15 year pins :Jerry Hamrick, Eugene Brawnlow, Johnny Dearen, Clayton McNeil. The following received 20 year pins: Bernice Holland. The following received 25 year pins: J. D. Jackson, Robert Murry, Sr. Jean Hillencamp, who has served the City for 40 years, received a silver tray. The next item of business to cage before the Council was the approving of four sets of minutes; November 15, December 6, December 10, December 12, 1979. Alderman Horton made the motion, seconded by Alderman Jackson, to ~(~1 Y~~ .. _~ 0 7 ~ ~ ~~~ expundge fran the minutes of November 15 , 19 79 , Ordinance No~~ 9 87 . ~,t 1 ~ ` ~~ __ ~~ ~ ~ Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Nk~rris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton, N0: none The motion passed. Alderman Ray made the motion, seconded by Alderman Duvall, to approve the minutes of November 15, 1979, as corrected. Upon voice vote of the Council, the voting was unanimous. Alderman Ray made the motion, seconded by Alderman Horton, to approve the minutes of December 6, 1979, as corrected. Upon voice vote of the Council, the voting was unanimous. Alderman. Ray made the motion, seconded by Aldern~arl Duvall, to table the minutes of December 10, 1979. Upon vice vote of the Council, the voting was unanimous. Alderman Horton made the motion, seconded by Alderman Jackson, to approve the minutes of December 12, 1979. Upon voice vote, the voting was unanimous. Citizens Request: Mr. Tan Pittman, frc~n Lakeshore Estates, appeared before the Council with a petition, a request of denial of annexation. He stated that 2 of the people at Lakeshore were afraid of what would happen to their services if they were annexed -into West Manphis. He stated that they had a garbage pick-up twice a week, a sewer system, city water, fire protection, and good law enforcement. He stated that if West Memphis thought they could provide all these services that annexation would be fine, but if they could not provide these services, ~~ i ~,~~ 1 o please leave Lakeshore Estates alone. Pam Owens, from the Public Library, appeared before the Coun- il. She stated that if the Library was not fully funded in 1980, hat all the programs it offered would be stopped. Sam Turner, an attorney in West Memphis, appeared before the ity Council on behalf of Shady Grove. He stated that Shady 'rove was faced with many problems, such as drainage and sewage roblems, no paved streets, and running water problems. He tated the people requested that the City give permission for hady Grove to incooperate under Arkansas' Statues. ;~it~torney bent i~ubins , appearea efore the Council, representing the developers of Lakeshore states. He stated that he had filed a petition for the land wners of Lakeshore who had asked for and were granted an order f annexation. The petition was heard in the County Court on ecember ~8, 1979. Mr. Rubins asked for the appointment of a ommittee so they could make a better decision on the annexation f Lakeshore. Mayor Ferguson appointed a committee to discuss the annex- e... tion. Alderman Woodell was appointed Chairman, and the other ldermen appointed were: Morris, Angeletti; and also were ichard:Masse~ and Calvin Avery appointed to assist the ldermen. The first item of business under old business was concerning he Ambulance Service. Alderman Walker made the motion, seconded y Alderman Morris to delete this item from the agenda. Upon oice vote of the Council, the voting was unanimous. The f first item of bus fines s under new bus ine5 s was a esolution to G. W. McAuley. Alderman Ray made the motion, econded by Alderman Woodell, to adopt the Resolution. Upon oice vote of the Council, the voting was unanimous. The esolution Was adopted and assigned Resolution No. 730. The next item of business was a Resolution to R. G. Friday. lderman Ray made the motion, seconded by Alderman Angeletti, o adopt the Resolution. Upon voice vote of the Council, the offing was unanimous. The Resolution was adopted and assigned ~To. 731. ~~.<~-, ~, ~~ . The last resolution on the agenda was from the Planning Commission requesting approval to change the comprehensive plan in Lots 6, 7, and 8 in Block 122, George T. Kendal's Subdivision. Alderman Angeletti made the motion, seconded by Alderman Jackson, to adopt the Resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton. NO: None The Resolution passed and was assigned~Resolution No. 732. Alderman DuV`~ 11 made the u~otion to recess for 5 siinutes . ,- RESOLUTION N0. r WHEREAS, Mr. G. W. McAuley, has served the City of West Memphis as the first City Recorder, Alderman, and Planning Commission Chairman; and, WHEREAS, Mr. G. W. McAuley has endeared himself to all of us by helping and assisting the City of West Memphis whenever called upon; and, WHEREAS, Mr. G. W. McAuley, has discharged his duties with diligence and has performed many services and duties beyond the prescribed statutory requirements; and, WHEREAS, the City of West Memphis, Arkansas, is not unmindful of the many other civic deeds that he continues to do for the City of West Memphis, Arkansas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the City Council wishes to thank Mr. G. W. McAuley for his continued support of our City in the many civic efforts that he has accomplished and the City of West Memphis and its citizens have been greatly benefited by the services of Mr. G. W. McAuley. PASSED and APPROVED this ~-~ ` day of '~_~ ~ ~ ~ ~ a , 1979. .~. ., ~/' -' t ~ RESOLUTION N0. ,' ;> / . WHEREAS, Mr. R. G. Friday, a very respected citizen and leader in civic and religious activities in the Cit y of West Memphis, Arkansas, has recently passed awa y~ and, WHEREAS, the City of West Memphis is, indeed, grateful for the services of Mr. R. G. Friday rendered in behalf of the West Memphis Board of Review for a long number of . years; and, WHEREAS, it was through the efforts of Mr. R. Friday as a Member of the Board of Review that much of the objectionable literature and entertainment has been corrected; and, WHEREAS, Mr. R. G. Friday will be missed in all phases of life in West Memphis, including the religious, educational, and civic: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the City of West Memphis being greatly saddened by the passing of Mr. R. G. Friday, wishes to extend to Mrs. Friday and Her Family the deepest sympathy in their bereavement. PASSED AND APPROVED this 1979. day of ~ - ~ ,. .. MAYOR f ~~~ ~ '# RESOLUTION NO . r' ~ ~" WHEREAS, at the meeting of the West Memphis Planning Commission held on Monday, December 3, 1979, (said hearing having been continued from the regular meeting scheduled for Wednesday, November 28, 1979), the Planning Commission of the City of West Memphis considered and recommended for approval a change in the West Memphis Comprehensive Plan from single family residential to multiple family residen- tial with respect to the lands described below. The City Council finds that the application for change in the Comprehensive Plan is proper in all respects and should be granted. THEREFORE, be it resolved by the City Council of the City of West Memphis, Arkansas: That the West Memphis Comprehensive Plan be amended to designate as multiple family residential district the following described lands, to-wit: Lots 6, 7, and 8, Block 122, George T. Kendal Subdivision to the City of West Memphis, as shown by plat recorded in Plat Book 1 pages 24 and 25 in the Office of the Circui t Court Clerk adn Ex-Officio Recorder of Crittenden County, Arkansas. Passed and approved this ;"~' day of ~!~` ` f u .. ~ , 19~ `~ JOYCE T. FERGUSON, Mayor /~ ~~ ~~, ~.. Mayor Ferguson called the meeting to order again at 2:45. The City Attorney read the Ordinance for the removal of shrubs, bushes, plantings and structures creating a safety problem due to limited sight distance on City Streets. Alderman Ray made the motion, seconded by Alderman Jackson to adopt the Ordinance on the first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Angeletti, Bentley, Duvall, Hightower, and Horton. NO: None ABSTAIN: Alderman Woodell. The Ordinance was adopted on the first reading. The City Attorney read the Ordinance to rezone lots 6, 7, and 8 Block 122, George T. Kendal's subdivision. Alderman Jackson ..made the motion, seconded by Alderman Morris, to adopt the Ordinance on the fi~st~ reading, on the e~nergency~°°~~ ~: ~e~ause.~ Upori roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton. N0: None The Ordinance passed on the first reading. Alderman Woodell made the motion, seconded by Alderman Jackson, to suspend rules. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Bentley, Duvall, Hightower, and Horton. N0: None PASS: Aldermsrl: Angeletti. The motion passed. Alderman Horton made the motion, seconded by Aldern~an Morris, ~. to further suspend the rules. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Bentley, Duvall, Hightower, and. Horton. N0: None PASS: Alderman Angeletti. The rules are further suspended.. Alderman Ray-made the motion, seconded by Alderman Horton, to adopt the Ordinance on the third and final reading. Upon, roll call vote, the voting was as follc7ws AYE: Aldern~l: Jackson, Morris, Ray, Walker, Woodell, Bentley, ~~ .~~.:"~~ Duvall, Hightower, and Horton. NO: None PASS; Aldermen: Angeletti. Alderman Horton made the motion, seconded by Alderman Ray, to adopt the Emergency Clause, Section 3. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Bentley, Duvall, Hightower, and Horton, NO: Aldermen: Angeletti. 'rhe Ordinance and Emergency Clause were adopted. ~'he Ordinance was,..assigned Ordinance Number 989, which reads as follows: ~~ ~, ~ ~~~ The next item of business on the agenda, was an Ordinance to amend ~5 ~ section 12 of Ordinance No. 915 dated Augur# 15 19 9 The City Attorney ,, .. read the Ordinance for the first time. Alderman Bentley made the motion, seconded by Alderman Angeletti, to adopt the Ordinance on the first reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton. NO: None The Ordinance was adopted on the first reading. The next Ordinance on the agenda was an Ordinance to levy an annual privilege license upon all persons, partnerships, associations, firms, and corporations. Alderman Morris made the motion, seconded by Alderman Duvall, to strike out "real estate agent" in the Ordinance. Alderman Walker made the motion, seconded by Alderman Bentley, to table the Ordinance. Upon roll call vote, the voting was as follows: AYE: Alderman: Jackson, Morris, Walker, Woodell, Bentley, Duvall, and Hightower . NO: Aldermen: Angeletti, Horton. PASS: Alderman Ray. The motion carried. Alderman Walker made the motion, seconded by Al erman Duvall, too approve 1/12 of the operating expenses and salaries. Upon roll call vote, the voting was as follows: AYE: Aldernnen: Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hic~taaer, and Horton. NO: None The motion 'carried. Alderman Bentley made the motion, seconded by Alderman Jackson, to terminate the services of the attorneys in Little Rock, Friday, Eldredge & Clark. Upon roll call vote, the voting was as follows: AYE: Alderman: Jackson, Morris, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, and Horton. N0: None The motion passed. :spy of the letter written by the Attorneys at Law is attached. ~~~ ~ ,,~s~ _. -~- ; HERSCNEL N. FRIDAY WILLIAM A. FLDREDGE, JR. B. 5, CLARK WILLIAM L. TF.F1RY ROBERT V. LIGHT WILLIAM H. 5UTTON JERRY T. LIGHT ROYCE R. LOVE GEORGE E. PIKE, JR. JAMES W. MOOR:: WILLIAM L. PATTON, JR. 8YRON M, EiSEMAN, JR. JOE o. BELL MICHAEL G. THOMPSON G. ROSS SMITH JOHN C. ECHOES JAMES A. BUTTA~ FREDERICK 5. UP.~ERY H. T,LARZELERE OSCAR E. OAV15, JR. JAMES C. CLARK, JR. THOMAS P, LEGGETT JOHN DEWEY WATSON FRIDAY, ELDREDGE & CLARK ATTORNEYS AT LAW THE FIRST NATIONAL 9UILOING, TWENTIETH FLOOR LITTLE ROCK, ARKANSAS 72201 TELEPHONE sot-s7s•2ott December 17, 19 79 Mr. Rob°rt L. Smith City Attorney City of West Memphis 205 South Redding West Memphis, AR 72301 RE: Earl W. Anthes, et al v. City of West Memphis, et al Civil Action No. J--75-C-40. Dear Mr . Smith i ~~ ~. r `` . .~ LEWIS MATHS MERMANN iVESTER PAUL 8. 9ENHAM, III OVERTON 5. ANOERSCN DAVID A. ORSINt LARRY W. RURKS A, WYCKLIFF NISBET, JR. JAMES E. HARRIS JOSEPH E. Ktl?s.~R!CR, J' J. PHILLIP MALCOM JAME5 DERR£LL HOLLAN: JAMES M. SIMPSON MEREDITH P, CATLETT JAMES M. SAXTON J. SHEPHERD RU SS EL L, III TUCKER RANEY DONALD H. BACON couNSrL WILLIAM J. SMITH JOHN T. WILLIAMS ~. In our telephone conversation of December 14, 1979, Mayor Ferguson indicated that the City Council voted to disperse all of the funds currently held in escrow as the result of the dis- missal of the above-captioned case . 4f course, with no action currently pending, the Council is entitled to do so. However, the city runs the risk that a new suit naming the proper parties will be filed and that, i f liability is found, the city could be required to recompense the plaintiffs for the portion due them during the three year limitations period prior to the filing of the lawsuit. I have spoken with Ms. Pamela Baxter, attorney for the plaintiffs herein, with regard to a contractual agreement for the dispersal of the funds in exchange for a commitment that a new lawsuit would not be filed. The terms of the agreement discussed with Ms. Baxter were an equitable distribution of the funds and some type of notice, possibly to the schools , that the Jack Rich Girls Club is accepting applications for membership from all girls regardless of race. Disbursement of the funds would be in accordance with the agreement. Ms . Baxter has riot contacted me with _regard to her clients' acceptance of such a proposal.' I will continue to pursue an agreement with her if you wish for me to do so . I f such ar. agreement is desired by the city, I would suggest that nc .. L.r e--~"u'r~ds be made un ti 1 an a reemen t between the ~"'~- ~~~"`" g part~2s is reached. Nevertheless, pending such an agreement, funds which were to have been disbursed for the year 1976 or preceding years may be allocated at this time . ,~ Please advise me as to whether the city wishes for me to purs ue an agreement with pis. Baxter on behalf of her clients. Sincerely, ' J ~ ~ ~: Tucker Raney Mathis TRM/lba ~~:~ P"'~ ORDINANCE N0. 989 An ordinance to rezone Lots 6, 7, and 8, Block 122, George T. Kendal Subdivision to the City of West Memphis, Arkansas. WHEREAS, application was made to the City Planning Commission to rezone the real property described below, and after the publication of proper notice for the time and in the manner as provided by law and Ordinance No. 715 of the City, the matter was heard by the City Planning Commission for the City of West Memphis on December 3, 1979; WHEREAS, the said Planning Commission recommended that the application be approved, and the City Council of the City of West Memphis finds that the application is proper and should be granted. 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: Lots 6, 7, and 8, Block 122, George T. Kendal Subdivision to the City of West Memphis, as shown by plat recorded in Plat Book 1 pages 24, and 25 in the Office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas be and the same hereby is rezoned as RD-4, multiple family residential district. Section 2: That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 3: It being found and determined by the City Council of the City of West Memphis, Arkansas, that this amendment is immediately necessary in the interest of uni- form regulation and orderly growth of the development and expansion of the City of West Memphis and in the interest of the health, safety and welfare of the inhabitants of said City, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED this day of , 19 ___ JOYCE T . FERGUSON , Mayor ATTEST: ~- f City Cler 1~~ C .~_w ~~ 1y~ 1. t~ i Alderman Walker made the motion, seconded by Alderman Horton, to disburs e iven to the,:Girls Club, a1_~.hut-Thirty-five thousand _in funds, g be head -in lieu for attorneys fees, and after all;_ fees are paid __ remaining money is to be divided among the Girls Clubs. Upon roll call vote, the voting was as follows: AYE: Jackson, Morris, Ray, Walker, Angeletti, Bentley, Duvall, j i Hightower, and Horton. NO• Woodell. The motion carried. ' Alderman Walker made the motion, seconded by Aldern~an Morris, to waive the rules to put on the agenda a Resolution that stated no term_Znated and/or resigned en~loyee shall be replaced without the ~~ ~,,y,~,~a,,,,• - adopted. ~~ approval of the City Council, six months frcgn the date: ' Alderman Morris made the motion, seconded by Alderman Horton, to adopt the Resolution. Upon roll call vote, the voting was as follows: ' AYE: Aldermen: Jackoon, Morris, Walker, Wood.ell, Angeletti, Bentley, Duvall, Hightower, and Horton. NO: Alderman Ray. The Resolution was adopted and assigned Resolution No. 733, which r a~ follows RESOLUTION N0. J~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF '! WEST MEMPHIS, ARKANSAS: ' That effective immediately no terminated and/or resigned employee shall be replaced without the approval of the City Council:t~ ~ ,~, G ~Y~ ! ~~s~ I~Y ~; v , ~-, iJ,, .~ ..! . ADOPTED this ~!. ( day of ~,' ~ >- ~ . ~ ~. 1979 . MAYOR ATTEST: ~~ ~' Budget Ccunnittee Alderman Morris gave the transfer of funds within the Library. Decrease: Janitorial Supplies $45.00 Postage $25.00 Building and Product Libility $80.00 Professional Membership and Subscriptions $23.00 Bitanical and Encyclopedia $10.00 Travel Expenses $7.00 Ma.intence of Machines and. Equipnnent $41.00 Binding, printing, and reproduction $6.00 Increse:. Book Purchases $227.00 Office Supplies $10.00 Aldermanl Morris made the motion, seconded by Alderman DuUall, to approve the transfer of funds to the book account. Upon voice vote of the Council, the voting was unanimous. Alderman Angeletti gave the Drainage Committee Report. He brought out six main points in the report. They were ideas on how too spend the Bond Money: 1. Clean out and widen the bottan. of 10 mile Bayou Cut-0ff below Edmondson. Approximately 4 miles involved. 2. Clean out 10 Mile Bayou at Riceville for approximately 1 mile. 3. Clean out Ditch #12 and either remove present culvert or put in larger one. 4. Put in larger culverts at Stuart, OK, and Walker Streets. 5. Clean out 10 Mile Bayou from U. S. 70 to Rich Road. 6. Clean out Auburn and Ingram Street ditches. He also appointed three committees in the meeting: 1. Eddie Brawley, Louise Wheeler and Himself to meet with the Memphis officials . 2. Eddie Brawley, Louise Wheeler, and Himself to meet with the Mayor and set up the program, The Emergency Flood Program. 3. Mr. Brawley and Mr. Bond met with Sam Morgan, David Wolfe, and Don Crawford, of the Corps of Engineers and discussed the possibility of West Memphis receiving funds for a small project through the Corps of Engineers. E+` , B ~~ ~, r Ferguson appointed Alderman Hightower and Mr. Avery to _ _ yo clarify Mr . I.Agan' s business at his home . Alderman g,ay made the motion, seconded by Alderman Horton, to Ma or Ferguson to made an appointment with the Heating and authorize y Air Conditioning Mechanval Bc~~rd. derman Duvall made the motion that the meeting be adjourned. Al 'I'he meeting adjourned at 4:40 p.m. day of 1979. PASSID AND APPROVED this oyce Ferguson Mayor ', ~„+~ aJ ,~