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June 5, 1969 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 5TH DAY OF JUNE, 1969. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o'clock P.M. on the 5th day of June, 1969. The following were present: Mayor Bob Eden, presiding, and Aldermen: C. T. Rodgers, R. L. Smith, F. C. Weis, R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Horton, and Kirby Leggett; and City Attorney R. E. Wallin. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on May 15, 1969, were approved as read. Motion was made by Alderman Smith: That the raise of 10¢ per hour for garbage workers granted in executive session be recorded in the minutes of this meeting. The motion was seconded by Alderman Dabbs. Upon vote, `the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Mayor Eden requested confirmation of increase in prices for swimming pool tickets as previously discussed as follows: Season Ticket $7.50 Children .35 Adults .75 Kiddie Pool .10 Mayor Eden announced bids for an addition and certain air conditioning work for Community Center No. 2 in accordance with Notice published on May 16, 22, 29, and June 4th in the Evening Times would be received: The following bids were presented: BIDDER BASE BID N0. 1 ALT. N0. 1 ALT. N0. 2 NO. OF DAYS J. E. Cobb & Son $29,950.00 $2750.00 $1857.00 90 Frank H. Lee & Co. 24,884.00 2090.00 1857.00 90 Bill Manning Conat. Co. 27,862.00 1842.00 1860.00 75 James H. Taylor & Son 26,180.00 1957.00 1700.00 90 The Mayor appointed a committee of Aldermen Horton, Leggett, and Dabbs to canvass the bids. Thereupon, motion was made by Alderman Smith, seconded by Alderman Leggett: That the Committee appointed by the Mayor be authorized to canvass the bids and award the bid. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. The next matter on Agenda was the receiving of bids for four Police cars as advertised in the Evening Timex on May 12th and 19th. The only bid received was from Morrow Ford in the amount of: 1 1966 Ford 4 dr - Price Difference $2535.40 3 1967 Ford 4 dr - Price Difference Each Q 2335.40 x7006.20 Total Difference for Four Units 9 0 apt-st-~t~t: A committee of Aldermen Weis, Rodgers, Bowie, and Assistant Chief Thompson was appointed by the Mayor to canvass the bid. Motion was made by Alderman Leggett, seconded by Alderman Dabbs: That the committee be authorized to study and award the bid. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Mr. Marvin Thompson of Citizens Funeral Homes and Employees Ambulance Service appeared to clarify any misunderstanding as to the subatizing the Service for temporary operation. Mr. Thompson stated the reasons the company desires to stop operation as of July 1st, however, if no other ambulance service is available the company will take emergency calls. Mayor Eden explained efforts he had made to obtain county wide service, but others in Crittenden County are not concerned with the problem at this time. Mr. C. B. Nance appeared on behalf of John L. and Clara Roach requesting rezoning of Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Block 165 of Kendal Subdivision. The Council was informed the Planning Commission had recommended the rezoning. Alderman Weis introduced an ordinance entitled: "An Ordinance To Rezone Certain Property In The City Of West Memphis; Declaring An Emergency And For Other Purposes", and the City Attorney read the ordinance in full. Alderman Bowie, seconded by Alderman Bentley, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: .Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. ~U Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Rodgers, seconded by Alderman Dabbs then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the`-rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Leggett, seconded by Alderman Smith, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Alderman Weis, seconded~by Alderman Bowie, moved that Section 4, the emergency clause be adopted, and on roll call the following voted: Ayea: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The Ordinance was given No. 600. The ordinance read as follows: ORDINANCE N0. 600 AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, an application was made to the Planning Commission of the City of Weat Memphis, Arkansas as provided by Ordinance No. l~11 of the City of West Memphia for rezoning certain property with~.n the City; and WHEREAS, notice was duly published on May 5, 1969; that a hearing would be held by the Planning Commission at 3:30 o'clock P.M. on the 28th day of May, 1969, and at said meeting and by the application previously submitted it was requested that the following ~:perpperty be rezoned Multiple- Family Residence District (RM1) instead of General Commercial District (C-5): Lots 8, 9, 10, 11, 12, 13, 11~, 15, 16, 17, and 18 of Block 165 of the George T. Kendal Subdivision to the City of West Memphis, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested; and WHEREAS, the Planning Commission of the City of West Memphis recommended that said rezoning petition be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WJEST MEMPHIS: Section 1. That the following property now zoned as General Commercial District (C-5) be, and the same is hereby, rezoned as Multiple-Family Residence District (RM1): Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Block 165 of the George T. Kendal Subdivision to the City of West Memphis, Arkansas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 1t. EMERGENCY CLAUSE: It is Found and declared by the City Council of the City of West Memphis that this ordinance is necessary for the growth and expansion of the Gity of West Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. iFirir-iciriEic '~1 Attorney Ralph 91oan appeared on behalf of Avalon Developers, Inc. requesting rezoning of two areas. Mr. Sloan sated specific plans as to layout and type of construction have not been completed to date. The Planning Commission on r4ay 28th recommended rezoning of the area. After discussion, an ordinance entitled "An Ordinance To Re-Zone A Tract Of Land Described As Part Of SW4 Of Section 13, And The NW~- Of Section 24, Township 6 North, Range 8 East, West Memphis, Crittenden County, Arkansas" was introduced by Alderman Smith, and City Attorney Wallin read the ordinance in full. Alderman Leggett, seconded by Alderman Dabbs, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Rodgers, seconded by Alderman Horton then moved that the rule requiring the reading of an ordinance in full on three different days be fu~Yter suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Horton, seconded by Alderman Bentley, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Ayes: Alderman: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Alderman Bowie, seconded by Alderman Weis, moved that Section III, the emergency clause, be adopted, and on roll call the following voted: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The Ordinance was given No. 601. ORDINANCE N0. 601 AN ORDINANCE TO REZONE A TRACT OF LAND DESCRIBED AS PART OF SW4 OF SECTION 13 AND THE NW4 OF SECTION 21~, TOWNSHIP 6 NORTH, RANGE 8 EAST, WEST MEMPHIS,CRITTENDEN COUNTY, ARKANSAS WHEREAS, Avalon Developers, Inc., J. C. Rainer, III, Gwyn Rainer Foote and Nell E. Rainer have petitioned the Planning Commission of the City of West Memphis to re-zone certain property hereinafter described; and WHEREAS, notice was duly published on May 12, 1969, as provided by law of a hearing to be held before the West Plemphis City Planning Commission at 3:30 p.m. on May 28, 1969, for the purpose of hearing any interested parties in connection with the re-zoning of said lands; and WHEREAS, at said meeting on May 29, 1969, said petition was considered by the Planning Commission and no persons appearing to protest the same, the Planning Commission recommended to the City Council that said petition be granted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: (a) That the following described property, to wit: That part of the SW4 of Section 13 and the NW4 of Section 24 in Township 6 North, Range 8 East, described as follows: Beginnin~ at the point of intersection of the centerline of Drainage Ditch No. 12 in the SW4 of Section 13 and the centerline of South Avalon Street; thence south along the centerline of Avalon Street to the north line of Lot 13 extended, Bond's Survey of Irregular Lots as recorded in Plat Book 1 at page 106; thence westerly along the north liner of said Lot 13 to the east line of Lot 14; thence northwesterly along the east line of Lot 14 to the northeast corner of Lot 14; thence southwesterly along the north line of Lota 14, 16, 17 and 18 to the northwest corner of Lot 18; thence southeasterly 71 feet along the west line of Lot 18; thence southwesterly on a line parallel to and 650 feet from the north right of way line of the Rock Island Railroad to the point of intersection with the west line of Section 24, Township 6 North, Range 8 East; thence north along said west line of Section 2L~ to the north line of Section 24, said line being the centerline of Ditch No. 12; thence easterly along the centerline of said Ditch No. 12 to the point of beginning, and ~~ That part of the W~- of Section 13, Township 6 North, Range 8 East described as follows: Commencing at the center of Section 13, run thence south 516 feet along the east line of the W~ of Section 13 and thence west 30 feet to the point of beginning; thence continue west 295.32 feet; thence south 295 feet; thence east 295.32 feet; thence north to the point of beginning; said lands being also described as Lot 5 in Block 1 of the Second Addition Westwood Acres to the City of West Memphis, as shown on an approved filed plat of said subdivision, be and the same is hereby rezoned RM-2 Multiple Family Residence District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: It is found and declared by the City Council of the City of West Memphis that this ordinances is necessary for the growth and expansion of the city of West Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. Mr. Cy Bond, Jr. presented a replat of the East Half of Block 2 and Block 3, Cooper Subdivision, City of West Memphis, informing the Council the plat had been on record for years and houses have been constructed on half of the area. The replat would reduce the size of the lots, however, they would meet minimum requirements; and the developer will construct storm sewers, curbs, gutters and streets. Acceptance of the replat had been recommended by the Planning Commission on May 28, 1969. After discussion, motion was made by Alderman Weis, seconded by Alderman Dabbs: That the Replat of East Half of Block 2 and Block 3, Cooper Subdivision be approved. Upon vote, the voting was as follows: Ayes: Aldermen: Rock rs, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Mr. Don Butler of the West Memphis Jaycess requested a study committee be appointed to consider a proposed Program of the Jaycees to coordinate the installation of a nationwide emergency telephone number (911) for use when requesting emergency assistance; that the telephone company will install the equipment, but the City would have to provide manpower and housing for the equipment. Mayor Eden brought to the Councils attention he had requested the telephone company to provide a three digit number for the Police and Fire Departments, which would require no additional cost nor personnel. Action on the matter was delayed until the Mayor receives additional information from the Telephone Company. Mayor Eden informed the Council Carl Reavis is not a resident of West Memphis, therefore, he would not be eligible to serve on the Gas and Plumbers Examining Boards. Glen May was recommended by the Mayor to serve on the Boards. After discussion,-motion was made by Alderman Dabbs, seconded by Alderman Leggett: That Glen ATay be appointed as a member of the Gas and Plumbing Examining Boards. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Mayor Eden appointed Floyd Franklin as a member of the Park Commission in accordance with Ordinance No. 519. Motion was made by Alderman Rodgers, seconded by Alderman Dabbs to approve the appointment of Floyd Franklin. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Mayor .Eden informed the Council Mrs. Joe Hemphill had resigned as a member of the Park Commission, and appointed Paul Matthews to fill the unexpired term. Motion was made by Alderman Dabbs, seconded by Alderman Leggett: That the appointment of Paul Matthews be approved. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith, Weis, Bentley, Howie, Dabbs, Horton, and Leggett. Nays: None.' The Mayor appointed Lee Cramer to fill the unexpired term of Mrs. C. W. Peoples, Jr., who had also resigned. Motion was made by Alderman Leggett, seconded by Alderman Dabbs: That the appointment of Lee Cramer be approved. Upon vote, the voting was as follows: Ayes: Aldermen: Rodgers, Smith; Weis, Bentley, Bowie, Dabbs, Horton, and Leggett. Nays: None. Alderman Horton inquired if action had been taken on request of the Crittenden County Rescue Unit, and the Mayor advised he was working on the problem with the Utility Commission. Construction work on the space between Ingram Blvd. and Broadway was discussed, and the Mayor advised the space is the Status responsibility. ~~ Alderman Rodgers requested action be taken on providing two lanes of traffic at Graham entering Missouri Avenue. Alderman a7eis presented request he had received for additional space to assist trailer trucks turning at the corner of Broadway and 8th. Mayor Eden advised the parking space is privately owned, however, he would request a traffic survey at the corner. Alderman Dabbs, a member of the Auditorium Committee, reported Mrs. John Copeland owns two areas of land in the vicinity of The Eugene Woods Civic Center as follows: L:00 x Iy00 area $128,000 and a 200 x 400 area $59,000. Property owned by the School District at the Sneior High School was also considered. After discussion, Mayor Eden appointed Alderman Tilden Rodgers and Mr. James Bledsoe as members of the Committee. It was concensus of opinion the Committee be authorized to contact Mrs. Copeland as to the purchase of property for an ~iiaii;$~rium with a down payment of $30,000 and $30,000 a year to be paid without interest. The Committee composed of Aldermen Bowie, Horton, and Smith appointed to confer with members of the Citizens Band Radio, DBS Sorority, and Mr. Hill on problems at the Civic Center presented majority report by Aldermen Bowie and Horton, and Alderman Smith presented minority report, and read the following letter: City Council of West Memphis West Memphis, Arkansas Gentlemen: We wish to claify the statements made at the Special City Council Meeting on Tuesday May 20, 1969. The statements were not intended as threats to the City, and we wish to state we have no ill feelings toward the DBS Girls. However, regardless of the outcome of this situation, we are and will remain a Community Service Organization. Sincerely, JOHN RAMER, JR. - President WEST MEMPHIS ARKANSAS CB CLUB After discussion, motion was made by Alderman Leggett: That Mr. Hill have authority to designate space in Civic Center to the best of his ability, and the Council feels they may not be involved in the dispute. The motion was seconded by Alderman Dabbs. Upon vote, the voting was as follows: Ayes: Aldermen: Weis, Howie, Dabbs, Horton, and Leggett. Nays: Alderman Smith. Aldermen Rodgers and Bentley abstained from voting. The motion carried. Alderman Smith requested a report from the Committee composed of Aldermen Bowie, Leggett, and Horton on the Ball Program. Alderman Horton informed the Council the matter was turned over to the Coaches of the teams to run the program, if they can not arrive at a decision then the matter is to be taken to Mr. Gordon Cunningham. No further business being preaented, the meeting was adjourned. ATT CITY C -~~~ ~ t ~ _ MAYt~ APPROVED: JUNE 19, 1969