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July 2, 1970JULY 2, 1970 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 2:00 P.M, on the 2nd day of July, 1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen: F. C. Weis, R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Horton, C. D. Hutcherson, B. L. Mallott, and R. L. Smith; and City Attorney R. E. Wallin. Absent: None. The following proceedings were had to-wit: Minutes of Meeting on June 18th were approved as read. Alderman Bentley, Chairman of the Committee appointed to study the bid for a police car, reported after investigating the matter the insurance payment for damages for the wrecked police car was accepted, and the committee recommended purchase of car from Bob Morrow Ford Company. The Council was informed the trade-in bid was made on a car that was out of service at Morrow FoaiCompany for repairs and this car was traded-in and the wrecked car sold. After discussion, motion was. made by Alderman Hutcherson, seconded by Alderman Mallott: That accept committee report. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith. Nay: None. Attorney Ralph Sloan on behalf of Arkansas Constructors preaenlad an ordinance entitled: "An Ordinance To Rezone Lots 13 and 14 in Block 149, George T. Kendal Subdivision In The City Of Weat Memphis, Arkansas" for consideration of the Council. The Council was informed the Planning Commission had recommended approval of the rezoning, however, questions as to zoning in the area had been discussed at length due to remarks of Mr. Dan Carr of Gasser, Nathan, Browne Planning Consultant for the City as to residential zoning in the first block south of the lots facing Broadway. Mr. W. A. Perrine, Building Inspector, brought to the Council's attention the area was zoned Commercial in 1961 when new plan for zoning was adopted. The ordinance was read the first time by City Attorney Wallin. Motion was made by Alderman Bowie, seconded by Alderman Mallott: That the firs[ reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Weis, Bowie, Dabbs, Horton, and Mallott. Nay: Aldermen: Bentley, Hutcherson, and Smith. The motion carried. Request was made that Mr. Dan Carr of Gasaner, Nathan, Browne and Mr. Jessie Snow of Urban Renewal Agency be present at the next Council Meeting. Final Plat of Beck Subdivision lying in the NWT of Sec. 17, T-6-N, R-9-E was presented by Mr. Cy Bond. The importance of an additional street running north and south from the area east of Walker Avenue was discussed. The Council was informed the Planning Commission had recommended the approval of the Plat. Motion was made by Alderman Mallott, seconded by Alderman Weis: That the Final Plat of Beck Subdivision be approved. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbe, Horton, Hutcherson, Mallott, and Smith. Nay: None. Mr. Jim Snowden on behalf of Guarnaty Loan & Real Estate Company presented an ordinance entitled "An Ordinance To Rezone Blocks 1, 2, and 3 of the Beck Subdivision To The City Of West Memphis". Mr. Snowden informed the Council single family residences in the $13,000 to $15,000 class and rent subsidized apartments will be constructed in the Subdivision. Request for suspension of the rules and the reading of the ordinance three times was made due to the urgency of the matter. The ordinance was introduced in writing by Alderman Weis, and was read by City Attorney Wallin. Motion was made by Alderman Dabbs, seconded by Alderman Horton, 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: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith. Nay: 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 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 second reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Age: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith. Nay: None. Question as to filing of the plat and description of the property was brought to the Council's attention, thereupon, motion was made by Alderman Weis, seconded by Alderman Bentley: That action on the passage of ordinance and suspension of the rules be stricken from the minutes and action overrulled by the Council. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith. Nay: None. City Attorney Wallin presented the following Resolution: RESOLUTION N0. 391 WHEREAS, The City Council of the City of West Memphis has determined that an order of precedence should be provided and followed in the conduct of buineas presented and transacted at regular meetings of said Council, and, that same would be in the best interest of the citizens .. of .:the City of Weat Memphis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS that the following rules of procedure and conduct of business shall prevail at all regular meetings of t he Weat Memphis City Council: 1. Roll call of Council members. 2. Reading of minutes of previous meeting. 3. Committee reports. 4. Unfinished business. 5. New business. 6. Requests from citizens in audience. Any of the above and foregoing rules of procedure may be dispensed with by a two-thirds vote of all Aldermen present. During the pendency of any question before the Council the following motions may be made by any member of the Council: 1. To adjourn. 2. To lay any motion, resolution or ordinance on the table. 3. To postpone. 4. To call for the previous question. 5. To refer to a committee. 6. To amend 7. To recess. A motion to adjourn and a motion to table shall not be debatable. None of the above named motions, 1 through 7, or rule against debate on motion to adjourn or motion to table, shall be suspended except by unanimous consent of Council Members present. The latest revised edition of Robert's Rules of Order shall govern and control the parliamentary procedure of the Weat Memphis City Council in situations not heretofore specifically provided for. Ott*~tt****~* Potion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Resolution as. presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Bowie, Dobbs, Horton, Hutcherson, Mallott, and Weis. No: None. The following Petition was presented by Attorney Ralph Sloan: Comes the undersigned petitioner, Rolenet, Inc. and in petitioning the City Council of the City of West Dlemphis, Arkansas, states: That Rolenet, Inc. is the owner of Lote 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 11 of Wheeler Subdivision in the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of Crittenden County, Arkansas, abutting upon the alley hereinafter particularly described. That the owners of all of the lands in 4fieeler Subdivision in the City of Weat Memphis, Arkansas, on September 26, 1955, caused to be recorded a replat of a portion of the subdivision showing partlcularly Block 11, said plt being the one hereinbefore referred to; that on said plat there is an alley twenty feet wide located between Lots 1 to 8 inclusive on the northerly aide and Lots 9 to 17, inclusive, on the southerly side; that said alley was laid off and platted on said map but said alley was never actually laid off and improved ae shown on said plat; that it is necessary in connection with the use for which petitioner proposes to use said lands to have the alley through Block 11 as shown on the above described plat of Wheeler Subdivision closed and petitioner now requests such closing. That there is attached hereto ae Exhibit "A" a photocopy of that portion of the plat filed in the office of the Recorder of Crittenden County, Arkansas, which shows the alley to be vacated together with the block number and lot number of each lot which abuts upon the alley to be vacated. . WHEREFORE, petitioner prays that the City Council of the City of West Memphis, Arkansas, at its next regular or special meeting fix a day for the hearing of this petition and direct the City Clerk to give notice of such hearing by publication once a week for two consecutive weeks in the Evening Times, a newspaper published in Crittenden County, Arkansas, and having a general circulation in the City of Weat Memphis, Arkansas, and that upon final hearing that the alley hereinabove described be vacated and all rights of the City of West Memphis, Arkansas, and of the public generally therein be released, vacated and abandoned. P~espectfully submitted, this 2nd day of July, 1970. ROLENET, INC., Petitioner BY SPEARS & SLOAN, Its Attorneys By: /S/ RALPH W. SLOAN ~Ir~c**i~Ayk&~k~k 215 Dtotion was made by Alderman Weis, seconded by Alderman Mallott: That date of hearing for vacating alley be set 2 PM, July 16th. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabba, Horton, Hutcherson, Mallott, and Smith. Nay: None. Mayor Rodgers advised the Council of the importance of a committee to obtain information on Federal Programs available to assist the City, and recommended the appointment of the following committee: C. B. Nance, Jr., Chairman, James Bledsoe, P, G. Para, Harry Rike, and Jessie Snow. Motion was made by Alderman Bentley, seconded by Alderman Hutcherson: That recommendations of committee members be accepted. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie; Dabbs, Horton, Hutcherson, Mallott, and Smith. Nay: None. Mayor Rodgers reported the Police Department in accordance with their Budget now has 43 employees including Lee Warrington, but not counting Mra. Pearl Lyons and the dog catcher. Also, that former Chief Young '.:had surgery, and according to social security requirements salary of $50.00 a quarter must be received. During Roundtable discussion the following matters were presented: Alderman Mallott stated he had received complaints from business people as to removal of Exit signs for West Memphis, and requests that Highway Department replace signs designating West Memphis Business District. Speed limits were discussed and report from Highway Department that limits posted are correct. Alderman Hutcherson related complaints received as to improvements of Balfour Park. Destruction of trees planted by City Beautiful Qommiesion and discontinuance of full time supervisor two years ago due to the children in the neighborhood not participating in the program were brought to the Council's attention. Also, the delay in tennis court construction is due to inability to obtain correct mix. Alderman Smith suggested establishing Auxiliary Police, the Mayor stated he would appoint committee for a feasibility study. No further business being presented, the meeting was adjourned. 7 ~~ J ATTES CITY C `~ -~-~ MAYOR APPROVED: JULY 16, 1970