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August 7, 1969S7 MINUTES QF A~:REOULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST 2~IPHIS, ARKANSAS, ` HELD ON THE 7TH DAY OF AUUUST, 1969. The City Council of the City of Weat Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 P.M. on the ?th day of August, 1969. The following were present: Mayor Bob Eden, presiding, and Aldermen: H. R. Dabba, Pritchard Horton, Kirby Leggett, C. T. Rodgers, R. L. Smith, F. C. Weis, R. T. Bentley, and R. C. Bowie; and City Attorney R. E. Wallin. Absent: None. The following proceedings were had to-wit: Minutes of Council Meetings on July 17th and 18th were approved as read. Attorney David Shelton presented an ordinance entitled "An Ordinance Changing The Zoning Classification Of A Portion Of Section Six, Township Sia North, Range Nine, East, in.Crittenden County, Arkansas" on behalf of Mra. Frank Hemenxay and Mr. Lowell Taylor, who xere also present. During discussion of the rezoning' he Council xas informed part of the area is outside the City Limits, and an Act by the 1969 Legislature has changed 3urisdiction of cities pertaining to property outside city limits in zoning matters. Thereupon, Mr. Shelton requested permission to withdraw the ordinance and present at a later date. Motion xas made by Alderman Rodgers, seconded by Alderman Bentley: That permission be granted to withdraw the ordinance. Upon vote, the voting was as follows: Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. Motion was made by Alderman Smith, seconded by Alderman Leggett: That tentative approval of the preliminary plat as to rezoning in the City be granted. Upon vote, the voting xas ae follows: Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. Alderman Horton requested consideration be given to the changing of the zoning along the railroad track to commercial. Attorney Ralph Sloan on behalf of Avalon Developers, Inc. informed the Council the County Court of Crittenden County has approved the annexation of 87.3 acres to the City, the territory lying north of Hulbert and South of Weatxood Acres 2nd Addition. After discussion, an ordinance entitled "An Ordinance Accepting Territory Annexed To The City of Weat Memphis, Arkansas" was introduced by Alderman Smith, and the City Attorney read the ordinance in full. Alderman Leggett, seconded by Alderman Dabba, 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: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Hentley, and Bowie. Noes: None. Thereupon the Mayor declared that at least txo-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 xas then read the second time by the City Attorney. Alderman Dabba, seconded by Alderman Bentley 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: Dabba,, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. The Mayor declared that at least txo-thirds of all members elected to the Council having noted in favor of the motion to suspend the rule, the motion xas carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Rodgers, seconded by Alderman Horton, 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: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. Alderman Bowie, seconded by Alderman Weis, moved that Section 3, the emergency clause be adopted, and on roll call the following noted: Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, xhich xsa attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 606. e~ ORDINANCE N0. 606 AN ORDINANCE ACCEPTING TERRITORY ANNE%ED TO THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Avalon Developers, Inc., James C. Rainer, III, Nell E. Rainer and Qwyn Rainer Foote have instituted proceedings in the County Court of Crittenden County, Arkansas, for the annexation of certain territory Lo the city of bleat Memphis, Arkansas; WHEREAS, such territory is contiguous to the city of West Memphis and it is proper and right and for the beat interest of such city that such territory should be annexed; and WHEREAS, the County Court of Crittenden County, Arkansas, has entered its order of July 1, 1969, approving the annexation of such territory as hereinafter described to this city and on Augast 1, 1969, entered its order confirming ouch annexation and it is necessary that the city accept such territory before the annexation can be completed and the territory hereinafter described become a part of the city of West Memphis: NOW, THEREFORE, ~ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the territory hereinafter described be, snd it is hereby, accepted as a part of e ci y of West Memphis, Arkansas to zits That part of the SW~ of Section 13, Township 6 North, Range 8 Eaat, described as follows: Beginning at a point on the center line of South Avalon Street that is 1100 feet south of the center of Section 13, Township 6 North, Range 8 Esat, said point being on the existing city limits of.the City of bleat Memphis, Arkansas, thence west 1820 feet along said city limits; thence south on a 'line parallel to the center line of South Avalon Street to a point on the south line of Section 13; thence east 1820 feet along said south line of Section 13 to a point on the center line of South Avalon Street; thence north along .the center line of South Avalon Street to the point of beginning containing 87.3 acres, more or less. SECTION II: That the territory herein described be, and it is hereby, attached to and incorporated of the City of bleat Memphis and shall forthwith be considered and become apart thereof. SECTION III:It is hereby found and determined by the City Council of the C1ty of bleat Memphis that word-finance is necessary for the preservation of the public peace, health and xelfare oY the city of bleat Memphis and the inhabitants thereof and, therefore, an emergency is hereby found and declared to exist and this ordinance shall be in fall force and affect from and after its passage, approval and publication ae required by law. Request of Herman Halach, Jr., Executor of the Estate of Herman F. Haisch, deceased, for rezoning of Lots in the Haiach Subdivision xaa presented by Attorney Ralph Sloan. Attar discussion, an ordinance entitled "An Ordinance To Rezone And Redesignate Certain Property In The City Of bleat Memphis, Arkansas" was introduced by Alderman Weis, and the City Attorney read the ordinance in full. Alderman Howie, seconded by Alderman Horton, 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: Aye: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weia, Bentley, and Bowie. Noes: 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 waa then read the second time by the City Attorney. Alderman Bentley, seconded by Alderman Dab~ia then moved that the rule requiring the reading oY 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 oY the motion and the roll being called the following voted: Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: Nose. 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 snd the roll being called, the following voted: Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. 8 Alderman Weia, seconded by Alderman Bowie, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: _ Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley. Noes: Alderman: Bowie. 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. 607. The ordinance read as follows: ORDINANCE N0. 607 AN ORDINANCE TO RE-ZONE AND RE-DESIONATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Herman Haiach, Jr.,'Executor of the Estate of Herman F. Haiach, deceased, has petitioned the Planning Commission to re-zone and re-designate certain property hereinafter described; and WHEREAS, notice was duly published on June 9, 1969, as provided by law, of a hearing to be held before the Weat Memphis City Planning Commission at 3:30 p.m. on Jane 25, 1969, for the purpose of hearing arm interested parties in connection with the re-zoning and re-designating of said lands; and WfiEREAS, on June 25, 1969, the hearing on the matter of re-zoning this property was continued to July 30, 1969; and WHEREAS, at said meeting on July 30, 1969, said petition was considered by the Planning Commission and no persona appearing to protest the same, the Planning Commission recommended to the City Council that said petition be granted, NOW, THEREFORE, BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF WEST MEMFRIS: SECTION I: (a) That the following described property, to wit: Lots 1 to 18, inclusive, Block 1; Lota 1 to 18, inclusive, Block 2, Lota 1 to 18, inclusive, Block 3; Lota 1, lA, 2, 2A, 3, 3A, 4, 4A, 5, 8, 8A, 9 and 9A of Block 4 of the Haiach Subdivision in the city of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at page 132, be and the same is hereby re-zoned and re-designated as RS-5, Single-Family Residence District. SECTION II: EMERQ~ENCY CLAUSE: It is hereby ascertained and declared to be a fact that the property above described is in the process of development; that the passage of this Ordinance i6 in the interest of the public peace, health, safety and welfare of the citizens of Weat 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. Attorney Ralph Sloan informed the Council the City in 1955 attempted to acquire additional right-of-way along Jefferson Avenue in order that the avenue be aufficieat width to conform with the comprehensive street plan and that Herman F. Haiach had executed a Warranty Deed to the City for the property, however, it has now been ascertained that the intention was to convey a strip 34.9 feet wide lying immediately south of the property described. A resolution stating the circumstances was presented as folloxa: RESOLUTION N0. 376 WHEREAS, in order to make Jefferson Avenue of sufficient width to conform with the comprehenai® street plan of the City of Weat Memphis, Arkansas, the city in the year 1955 attempted to acquire additional right of way for said street, and by deed dated November 23, 1955, Berman F. Haiach, Trustee, and Berman F. Rauch, individually, and Lillian Haiach, his wife, executed a Yarranty Deed to the City of West Memphis, Arkansas, which was filed for record May 26, 1956, and recorded in the office of the Recorder of Crittenden County, Arkansas, in Book 284 at page 230, whereby there was conveyed to the city of West Memphis the following described lands, to wit: Beginning at a point in the southwest corner of Lot 10, Block 1 of the Raisch Subdivision, thence 34.9 feet north to a point, thence 480 feet east to a point; thence 34.9 feet south to a point, thence west 480 feet to the point of beginning, all in the SE~, Section 13, Toxnahip 6 North, Range 8 East, and, WHEREAS, the plat of Haiach Subdivision which was a replat of a portion of the Dilatush and Floyd Subdivision, was made by James M. Howell, City Engineer, Weat Memphis, Arkansas, on October 22, 1955, but xas not approved by the city planning commission until April 12, 1956, and by the city council on May 17, 1956, and was not filed for record in the office of the Recorder of Crittenden County, Arkansas, until June 15, 1956, and therefore, on the date of the deed above described to the City of Weat Memphis, the beginning point in reference to Haiach Subdivision referred to a point on a plat which was not in existence ae far as the records were concerned; ®~ WHEREAS, the effect of the conveyance by Herman F. Haiach and wife to the City of bleat Memphis, Arkansas, xas to convey the South 34.9 feet of Lota 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Block 1 of Haiach Subdivision as shoxn by Plat of record in Plat Book 2 at page 132, and this wsa not the intention of this conveyance, but it xas the intention of said conveyance to convey a strip 34.9 feet aide lying immediately south of the above described lots and in xhat is now Jefferson Avenue as shown by the plat of Haiach Subdivision; and WHEREAS, in the development of this area ae a new subdivision this error xas dlacovered by the attorney for the parties proposing to acquire this property and develop xhat is nox knoxn as Haiach Subdivision; and WHEREAS, it xas not the intention of the city to acquire the South 34.9 feet of the above described lots in Block 1 of Haiach Subdivision, and the city has been requested and it desires to release all its right, title and interest in and to this 34.9 foot strip of land; and WHEREAS, it is neceesaary that the Mayor and City Clerk be authorized to execute on behalf of the City of bleat Memphis a Quitclaim Deed conveying to the present oxner of said land, to xit: Herma:s Haiach, Jr., Executor of the Estate of Herman F. Haiach, deceased, in order that he may convey title to said strip of land to the devebpera of this subdivision. NOW THEREFORE, be it resolved by the city council that the Mayor and City Clerk be, and they are hereby, authorized and directed to execute a Quitclaim Deed in connection with the release and reconveyance of said property to Herman Haiach, Jr., Executor of the Estate of Herman F. Haiach, deceased. ~~ After discussion, motion xas made by Alderman Weis, seconded by Alderman Dabbs: That the Resolution as presented be approved. Upon vote, the voting xas as folloxs: Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Bowie. Noes: None. Plat of Third Addition of Westwood Acres lying in the Wsat half of Section 13, T-6-N, R-B-E xas presented by Cy Bond, Jr., xho informed the Council the Planning Commission,had recommended the approval of the plat. After discussion motion was made by Alderman Dabbs, seconded by Alderman Bentley: That the plat of Westxood Acres-3rd Addition, Section D. be approved. Upon *rote, the voting xas as folloxs: Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, Weia, Bentley, and Boxie. Noes: None. Mayor Eden announced bide for a car for the Fire Department as per notice published in the Lroening Times on July 25th and August let xould be received. After discussion of models, motion xas made by Alderman Weis, seconded by Alderman Leggett: That the Mayor appoint a committee to analyze the bids as to a 1969 or 1970 model, all values and factors, and the Council authorize. the committee to purchase the vehicle. tTpon vote, the voting xas as folloxs: Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, Weis, Bentley, and Boxie. Noes: None. The Mayor appointed a committee of Aldermen Weis, Boxie, and Leggett to analyze bide and purchase. The bide xere presented as folloxs: Ryan Chevrolet, Inc. 1969 Impala $2,612.75 Morrox Ford Sales, Inc. 1970 Ford Qalaxie 2,651.38 Jim Ellis Oldamovile, Inc. 1969 Oldamovile 2,769.00 _ Wallace Caradine of the bleat Memphis Neighborhood Action Council presented the folloxing requests: . West Memphis, Ark. 72301 Angnat 1, 1969 To the City Council Members of bleat Memphis, (Critt.) Co. Ark. 72301 Submitted by the bleat Memphis Neighborhood Action Council 1. The.atreet lights are out quite frequently in the eastern sector of the .city, xe feel that this is a hazard to the residents of this section as xell as atop section of the city xhere this occurs. Eiiving recognition to this fact, xe feel that the lights ~rould not be out for such lengthy periods if the police patroling the city xould report darkened areas. 2. The atreeta in some sections of the city is littered xith glass. We feel that some of this is done intentionally and that there should be some xay to stop this. We feel that if some of the children xere caught sad put on the streets xith brooms and shovels and made to clean the atreeta, they xould not ao readely litter the atreeta. 9~ 3. We feel that the city oxned motorized attest axeeper should be put on a schedule that rill allox for the coverage of the entire city. At present this is not being done, and we feel that this is a form of discrimination since xe are tax paying citizens of this city. !~. We have made a visual obEration of the xonder sximming pool and find that the Picilitiea are in a very run doxn condition. We do not believe that the xonder sximming pool was properly inapecte9 before the beginning of the current sximming season. This pool should not have been opened in the condition that it is in. Rev. J. L. Trask President West Memphis N.A.C. Wallace C aradine, V. P. IMPROVF~IENTS for City Pool (Wonder) (Request ) 1. Need gravel to fill-holes in front and aide of pool. 2. Olaaa needs replacing (main glass in front) 3. Boys need separate dressing and ahowaring areas from rest room and shower room. 4. 4irla need more privacy in dressing area. 5. Hot water heater needs to be put i.rt order. 6. Both rear doors need repair. (include locks). One frost door needs repair (west door) 7. Some type of shaded sitting area should be provided in the pool area. 8. Rope to separate the swimming area from the diving area. 9. Street in front of pool needs repairing (Entrance to pool) 10. Broken lights and inserviceable lights need replacing. 11. Outside of building needs painting. 12. Drainage on the west aide of building needs attention. 13. Showers and toilet stools (comodea) need attention. 1.4. Drainage and filters need attention. In general, the Wonder Pool and facilities need upgrading. After discussion of the street lights, Mayor Eden stated he will notify the Police Department to report street lights out in order that the Utility Commission may make repairs the next day. Reactivating the Human Relations Committee, gravel on aides of streets, outside drink dispensers, and street sxebper were discussed. Al Appling, President of the West Memphis Jaycees, presented complaints as to condition of reatrooma during the Little League Baseball Tournament at Woods Field; also as to cooperation of city personnel in obtaining and moving bleachers for the Water Carnival. Mayor Eden stated the maintenance man has instructions to clean the reatrooms every day, and the reatrooma are to remain open. Alderman Smith requested information on progress of provid3Ag tennis courts at L. R. Jackson Community Center. Mayor Eden informed the Council the Utility Commission had been instructed to remove the signal lights at Missouri and Barton and replace with blinker lights. Alderman Boxie requested the signal lights be placed at Broadxay and Walker, and xsa informed the Engineer for the Arkansas Highway Department xill be in West Memphis on August 11th.. Alderman Horton brought to the Councils attention the holes at Broadxay and Walker and Bmadxay and Ingram. Alderman Smith requested consideration be given to employing a Federal Cordinator for the City to assist in obtaining additional Federal Pro~ecta. Alderman Smith requested information on the changing of Wards in the City, thereupon the procedure for changing and creating new Wards xas outlined by City Attorney Wallin. Mayor Eden suggested the changing of precincts in order to equalize the population of the Wards. No further business being presented, the meeting xas adjourned. ATT~~~~~ ~ / C T APPROVED: AU(}UST 21, 19 9