June 18, 197020~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HR.i.n ON T}R 1 RTH i]4V OF .TUNE _ 19 70 _
The City Council of the City of Weat Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 2:00 P.M. on the 18th day of June,
1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen:
R, L. Smith, R. T. Bentley, R, C. Bowie, H, R, Dabbs, Pritchard Horton, C. D. Hutcherson,
and B. L. Mellott; and City ~°ttorney R. E. Wallin.
Absent: Aldermen F. C. Weis.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Meeting on June 4th were approved as read.
Mayor Rodgers announced one bid had been received for a Police Car in accordance with Notice
published in the Evening Times on May 29th and June 5th. The bid received was fran Bob Morrow
Ford Sales, and was in the amount of $3956.50 lase trade-in of $1095.91, balance of $2860.59.
After discusslon of insurance payment for damage to police car, the Mayor appointed a Committee
of Aldeermen Bentley, Chairman, Pritchard Horton, and R. P. Dabbs to look into the matter.
Alderman Weia made a delayed appearance.
A plat for Resubdivision of Lots 30 and 31, Block 6 Richland Subdivision lying in the NEB,
Section 11, T-6-N, R-B-E, was presented by Attorney Ralph Sloan on behalf of the owners. The
Council was informed the Planning Commission had recommended the approval on April 28th.
Motion was made by Alderman Weis, seconded by Alderman Dabbs: That the Reaubdivision Plat be
approved. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weis.
No: None.
Attorney Jake Brick on behalf of AMCON requested the rezoning of an acre for a small store and
laundrette in the area of apartments being constructed for the West Memphis Housing Authority.
The rezoning had been recommended by the Planning Commission. Due to urgency of matter
Attorney Jake Brick requested the adoption of an ordinance with an emergency clause. After
discussion, Alderman Smith 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 Hutcherson, seconded by Alderman Mellott, 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: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weis.
No: 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 Bentley, seconded by Alderman Bowie 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weis.
No: 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 Dabba, 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weis.
No: None.
Alderman Smith, seconded by Alderman Horton, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and Weis.
No: 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. 638.
The ordinance read as follows:
ORDINANCE N0. 638
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 bleat Memphis as
provided by Ordinance No. 411 of the City of West Memphis for rezoning certain property
within the City; and,
WHEREAS, notice was duly published on the 22nd day of May, 1970, that a hearing would be
held by the Planning Commission at 3:30 o'clock P.M. on the 10th day of June, 1970, and
at said meeting and by the application previously submitted it was requested that the
property hereinbelow described be rezoned fran RM-2 (Multiple Family Residential District)
to that of C-5 (General Commercial District) and,
WHEREAS, no persona appeared to protest against said zoning as requested; and,
WHEREAS, the Planning Commission of the City of bleat Memphis recommended that said re-zoning
petition be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
Section 1. That the following described property now zoned RM-2 (Multiple Family Residential
District) be and the same hereby is rezoned as C-5 (General Commercial District): to-wit
Beginning at a point, said point being 540 feet North of the
Intersection of the East ROW line of Walker Avenue (50 feet)
(the center line of Walker Avenue being the bleat line of
aforementioned Section Sixteen (16) and the North ROW line of
St. Francis Levee as measured along the easterly line of
Walker Avenue; thence North along said Walker Avenue ROW line
120 feet to a poiR; thence East 363 feet to a point; thence
South 120 feet to a point; thence bleat 363 feet to the point of
beginning and containing 1.00 acre.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. A copy of this Ordinance, duly certified by the City Clerk, shall be subject to
be filed and recorded in the office of the Circuit Court Clerk and ex-officio recorder of
Crittenden County, Arkansas.
Section 4. EMERGENCY CLAUSE: It is found and declared by the City Council of the City of
bleat Memphis that this Ordinance ie necessary for the orderly development, 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.
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Mr. Robert Rallis and Attorney Ralph Sloan appeared to request rezoning of Lote 4 and 5, Block 11,
Wheeler Subdivision for construction of apartment to be a continuation to the east of the
Fountainhead Manor Apartments. The Council was informed the Planning Commission had recommended
the rezoning. Attorney Sloan requested suspension of the rule and the ordinance be read three
times due to Mr. Rallis having an option on the property until July 1st. Alderman Weis introduced
an ordinance entitled "An Ordinance To Rezone Lots 4 And S, Block 10, And All Of Block 11,
Wheeler Subdivision In The City Of West Memphis, Arkansas" and the City Attorney read the
ordinance in full.
Alderman Dabbs, 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: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weis.
No: 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 azd the rule suspended.
The ordinance was then read the second time by the City Attorney.
Alderman Bowie, 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, 4lallott, and Weis.
No: 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
question was put by the Mayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, iutcherson, Mellott, and Weis.
No: None.
The ordinance was then read the third time by the City Attorney.
Alderman Mellott, seconded by Alderman Hutcherson, 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mellott, and Weie.
Nn Unno
~~~
The Mayor thereupon declared the ordinance 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. 639. The ordinance read as follows:
ORDINANCE N0. 639
AN ORDINANCE TO REZONE LOTS 4 AND 5, BLACK 10, AND ALL OF BLOCK 11, WHEELER SUBDIVISION
in THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, Robert R. Fallis has petitioned the West Memphis City Planning Commission to rezone
the hereinafter described property; and
WHEREAS, notice was duly published on May 22, 1970, as provided by law, of a hearing to be
held before the West Memphis City Planning Commission at 3:30 p.m. on June 10, 1970, for the
purpose of hearing any interested parties in connection with the rezoning of said lands; and
WHEREAS, at said meeting on June 10, 1970, 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 L: That the following described property, to wit:
Lots 4 and 5 in Block 10 and all of Block 11, Wheeler Subdivision in the City of Weat Memphis,
Arkansas, be and the same is hereby rezoned RM-1, Multiple Family Residence District.
SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect fran and after its passage and publication
as provided by law.
**,t*i~r
Attorney Ralph Sloan on behalf of Central Baptist Church requested rezoning of Lota 1 and 2,
Block 8, Holiday Gardena Subdivision as a C-4 Central Commercial District in order to make an
addition to the church's school, and requested three readings of the ordinance at this time
in order that construction may be commended immediately for occupancy for fall school term.
The rezoning had been recommended by the Planning Commission. After discussion, an ordinance
entitled "An Ordinance To Rezone Lots 1 and 2 in Block 8 Of Holiday Gardena Subdivision In The
City Of West Memphis, Arkansas, was introduced by Alderman Bowie, and the City Attorney read the
ordinance in full.
Alderman Horton, 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and Weis.
No: 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 Weis, seconded by Alderman Smith 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and Weis.
No: 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 wsa then read the third time by the City Attorney.
Alderman Smith, seconded by Alderman Hutcherson, 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:
Aye: Aldermen: Smith, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and 8eis.
No: None.
The Mayor thereupon declared the ordinance adopted and signed the ordinance, whft: was attested
by the City Clerk and impressed with the seal of the City. The ordinance was given No. 640.
The ordinance read as follows:
,`c~(j y
ORDINANCE N0. 640
AN ORDINANCE TO RE20NE LOTS 1 AND 2 IN BLOCK 8 OF HOLIDAY GARDENS SUBDIVISION IN THE CITY
OF WEST MEMPHIS, ARKANSAS
WHEREAS, Central Baptist Churchtas petitioned the West Memphis City Planning Commission to
rezone the hereinafter described property; and
WHEREAS, notice was duly published on May 7, 1970, as provided by law, of a hearins to be
held before the Weat Memphis City Planning Commission at 3:30 p.m. on May 27, 1970; that a
quorum was not present and the meeting was adjourned over to June 10, 1970, for the purpose
of hearing any interested parties in connection with the rezoning of said lands; and
WHEREAS, at said meeting on June 10, 1970, 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: That the following described property, oo-wit:
Lots 1 and 2 in Bloclc 8 of Holiday Gardena Subdivision in the City of West Memphis,
Arkansas, as shown by plat of record in Plat Book 2 at page 197, be and the same is
hereby rezoned C-4, Central Commercial District.
SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage and publication
as provided by law.
City Attorney Wallin presented an outline for resolution pertaining to Council Procedures.
During discussion several suggestions were presented, and City Attorney Wallin stated
the resolution would be presented at a later date.
Mr. R. N. Canciene, Project Chairman for Weat Memphis Jaycees' Annual Water Carnival
requested permission to use the Lamar Rodgers Swimming Pool the week of June 22nd from
6:30 P.M. to 8:00 P.M ., provided the pool ie open by that date, for swimming lessons,
and on June 27th to conduct Beauty Pageant and swimming and diving competition. After
discussion, motion was made by Alderman Bentley, seconded by Alderman Mellott: That
Jaycees be granted permission to use Lamar Rogers Swimming Pool five days at 6:30 PM and
all day on June 27th. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Weis.
No: None.
Mrs. Mary Carter, 206 N. 9th Street, presented complaint as to remarks made to her brother,
Milton Meux, Jr ., by the Policeman driving Car No. 5 at 12:30 A.M. on June 8th. Mrs. Carter
was informed compliinta are to be made to the Chief of Police, if action is not taken by the
Chief then to the Mayor, and if the matter is not investigated then be presented to the
Council. Chief Parvin Romines was requested to be present for the complaint by Mra. Carter,
and he was requested to investigate the matter and report to the Mayor.
The following Easement for Rectifier Unit for Arkansas Louisiana Gas Company was presented
for consideration of the Council:
EASEMENT FOR RECTIFIER UNIT
KNOW ALL MEN BY THESE PRESENTS:
FOR AND IN CONSILERATION OF THE SUM OF FIFTY AND NO/100 DOLLARS ($50.90) paid by Arkansas
Louisiana Gas Company to City of West Memphis the receipt of which is acknowledged, the
undersigned, hereinafter referred to as Grantor, does hereby grant and devise unto the said
Arkansas Louisiana Gas Company, hereinafter called Grantee, its successors and assigns, an
easement and servitude for the purpose of constructing and maintaining a cathodic protection
rectified unit upon the following described land owned by the Grantor, situated in the County
of Crittenden, State of Arkansas, to wit:
A plot of ground in the City of West Memphis described as that part of Front Street, presently
unopened, beginning at Garrison Avenue and extending Southerly for a distance of 250 feet.
The Grantee herein desires to install for the protection of gas pipe lines at the points
designated on the attached plat, a cathodic protection rectifier. This unit consists of an
electric rectifier mounted on a pole with wires connected to an electric power circuit, a
ground-bed and underground cables, extending from the electric rectifier pole to the pipeline
and ground-bed, the rectifier to be located at the Eaet boundary line of said property. The
Grantee is hereby given the right to construct the Rectifier Unit at the points designated with
the .understanding that the cables and other installations extending beyond the rectifier pole
shall be buried underground.
The Grantee at any and all reasonable times shall have the right of ingress and egress to and
from such cathodic protection unit, cables and ground-bed for the purpose of inspection and
maintenance and may remove the same in part or in whole at will.
PROVILED, HOWEVER, that the Grantor hereby reserves the right of free use of said property
including building and excavating; and should said rectifier Unit, in any way, jeopardize said
Grantor's free use of property, Grantee agrees to remove said Rectifier Unit at Grantee's
expense.
TU HAVE AND TO HOLD THE rights herein granted unto the Arkansas Louisiana Gas Company, its
successors and assigns, so long ae such structures are maintained, and Grantee agrees to pay
any and all damages to the property of Grantor, which may be suffered from the construction,
operation, maintenance or removal of such cables, ground-bed, rectifier and pole, and to
further indemnify the Grantor against any damage or liability resulting to Grantor or to any
person or their property, from or arising out of the installation, use or maintenance of the
said Rectifier Unit on the lands of the Grantor.
IN WITNESS WHEREOF the parties have caused this agreement to be executed on the 18th day of
June, 1970.
After discussion, motion was made by Alderman Weis, seconded by Alderman Hutcherson: That
the Easement be granted and the Mayor be authorized to execute the Easement as presented.
Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Bowie, Dobbs, Horton, Hutcherson, Mallon , and Weis.
No: None.
Alderman Smith presented the following Street Committee report:. _
__ __ _ _ June 18, 1970
Honorable Tilden Rodgers '
Major
West Memphis, Arkansas
Dear Mayor Rodgers:
The Street Committee, which you appointed, consisting of Robert L.
Smith, Pritchard Horton, Sam Cross, Cy Bond, C1~arlie Hampton and
Hollis Warren, met March 26, 1970, April 9, and May 25, 1970. All
were present at each meeting with exception of Sam Cross who was
absent at the May 25th meeting.
The Committee feels there should be additional meetings, therefore,
consider this an interim report. Also, our findings are recommendations.
Final action is for the Mayor and City Council.
The following is a report of the findings of the Street Committee:
1. Major construction on City Streets should be by private
contract. Normal maintenance to be accomplished by City.
2. Mayor Rodgers should ask Judge Beck to request State Highway
Department to request Federal funds for Hulbert Road, although
City and County matching funds may not now be available.
3. The City Council should program, as funds are available, the
rebuilding of the following streets, which are connecting links.
A. Barton Street from Pearce Street to Rich Road.
B. Avalon Street from intersection of Shopping Way and
Avalon South to 10 Mile Bayou
C. Ingram Blvd. North from 10 Mile Bayou to Interstate Highway.
4. There is approximately $70,000. in funds for street improvement
left in 1970 budget. It is recommended that these funds be
expended as follows:
A. Overlay intersections on Church and Beatty Street with
asphalt, private contract Warren Bros., strict supervision.
B. Seal streets, where needed, in Worthington Park, Avondale
Gardens, Repair Jackson and South Walker, when construction
in that vicinity ceases. Seal needed spots West of Avalon
and North of 10 Mile Bayou, particularly North Roselawn.
Rebuild shoulders on streets south of Jackson.
C. The following streets have been recently sealed with limestone
a. South McAuley from 18th to Scottswood
b. North 18th from McAuley South to Scottswood
c. North 18th from Barton to Goodwin
d. Goodwin from North 18th to Ingram
e. Julia from McAuley South to Scottswood
5. Mayor Rodgers should request information from the State Highway
Department, when $22,000. in refunds will be turned over to City,
pro rata share of Bonds payed out by State.
6. Stuart Street and Walker Streets North of Broadway should be
programed by City Council for rebuilding, by overlays.
7. Following were discussed but action deferred for a later date:
A. Feasability of City to operate own Asphalt Plant
B. Better drainage for Worthington Park and Avondale Gardens,
Improvement Districts or City build drainage lines.
C. Streets and drainage to be performed by Urban Renewal.
D. Cost of lineal foot to build Improvement District.
E. Builders specifications to build streets.
F. Availability dates of funds now being applied to street
improvement districts. Approximately $89,000. a year.
The answer, as in most problems is money, however, good management,
with funds available, will help us hold what we have got, until more
revenue is available.
Respectfully submitted,
Robert L Smith Cam"^'
Alderman Smith expressed appreciation to Engineers Cy Bond and Sam Cross, who had given
technical information gratis to the City, also assistance of Alderman Horton and City
Employees C. Hampton and H. Warren. After discussion of the report, condition of
atreeta, cost of asphalt, heavy trucks going to construction sites damaging streets,
purchase of asphalt or operation of city asphalt plant, motion was made by Alderman
Bentley, seconded by Alderman Hutcherson: Accept recommendation of street committee as
guideline as money available. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Bentley, Bowie, Dabba, Hutcherson, Mellott, and Weis.
No: None.
Alderman Smith and Horton abstained from voting.
The Motion carried, and Mayor Rodgers expressed his appreciation to the committee, and
requested the committee to continue work and report from time to time.
During the roundtable discussions Alderman Mallott brought to attention of Council heavy
equipment being dperated on city atreeta, also motorcycles and small motor driven vehicles.
Alderman Bowie requested information as to the reason for the Police Department having a
total of 48 men when 43 had been authorized by the Budget, also the work schedule of former
Chief of Police Charles F. Young; and the employment and payment of salary of $400.00 per
month to Mr. Carlos Davis at the Eugene Woods Civic Center.
Alderman Horton requested information on the opening of swimming pools.
The following Petition was presented:
R, T'G. 11?iI)ER~IG^TD RESIDENTS OF WEST MEMPHIS, ARKAtdSAS, support
t!~e ;_ocation of government-subsidized homes or housing projects
i~~ '~~r; sa~~e neighborhoods with private homes of any racial or
acora~~ie characteristics. We urge the West Memphis City Council
nit to arI>ly zoning laws, building codes or any other powers in
s•.~c`1 a way that hloeks construction of subsidized housing in ar_y
:~r~_~~. .-,fl ti~:f.s city.
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Alderman Weis stated he had been requested by Bobby Sanders to request the Council to
consider the restoring of use of gasoline for hie car from city pampa since his office
had been moved from Chamber of Commerce Building to the Urban Renewal Offices. After
discussion, motion was made by Alderman Weis, seconded by Alderman Horton: That
Bobby Sanders be given credit at City Shop for purchases up to $25.00 a month. Upon
vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Bowie, Dabba, Horton, Hutcherson, Mallott, and Weis.
No: None.
No further business being presented, the meeting was adjourned.
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YOR
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CITY- RK
APPROVED: JULY 2, 1970