July 16, 1970216
MINUTES OF A REGULAR MEETING OF T1iE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
'HELD ON THE 16TH DAY OF JULY, 1970.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in Weat Dtemphis, Arkansas, at 2:00 P.M. on the 16th day of July,
1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen:
R, T. Bentley, R. C. Bowie, H. R, Dabbs, Pritchard Horton, C. D. Hutcherson, B. L. Mallott,
R, L, Smith, and F. C. Weis; and City Attorney R, E. Wallin.
Absent: None.
The following proceedings were had to-wit:
Minutes of Meeting on July 16th were approved as read.
Attorney Ralph Sloan on behalf of Arkansas Constructors, Inc. informed the Council of a meeting
with Mr. Dan Carr of Gasaner, Nathan, Browne Planning Consultants for the City and Mr. Donald Manes,
Consultant for the Urban ibnewal Agency, pertaining to rezoning residential the property south of
the commercial area along Broadway. Recommendations for the rezoning are to be presented at a
later date. After discussion, an ordinance entitled "An Ordinance To Rezone Lota 13 and 14 in
Block 149, George T. Kendal Subdivision in the City of West Memphis, Arkansas, was read the second
time by City Attorney Wallin. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
Tir. Jim Snowden of Guaranty Loan & Real Estate presented a rezoning ordinance for consideration
of the Council, and requested suspension of the rules for adoption of the ordinance due to urgency
of the matter. The ordinance entitled " An Ordinance To Rezone Blocks 1, 2, and 3 of the Beck
Subdivision To The City Of West Memphis" was introduced by Alderman Weis, and City Attorney Wallin
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: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, 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 Bowie, seconded by Alderman Bentley then moved that the rule requ4ing 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 Diayor put the question on the adoption of the motion and the roll being
called the following voted:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, 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 the third time by the City Attorney.
Alderman Mallott, 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: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, 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. 641.
The ordinance read as follows:
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ORDINANCL: NO. ~
!1N OR.DINANCIS TO R•1:ZONE BLOCK 1, 2 AND 3
OF THE BECK SUBDIVISION TO THE CITY OF
WEST MEMPHIS
WHEREAS, application was made to the Planning Commission of
the City of West Memphis pursuant to Ordinance 411 of such City for rezon-
ing the i'ollowing property, to-wit:
Tract No. 1•
Commencing at the point of intersection of the east line
of Walker Avenue and the south right of way line of U. S.
Highway 70; thence south along said right of way line 500
feet to the point of beginning; thence east 600 feet along
the south line of Ryan Chevrolet Company lot;thence
north 100.0 feet, thence east 400 feet; thence south 200 feet
to a point; thence west 1000.0 feet to a point on the east right
of way line of Walker Avenue; thence north 100 feet to the
point of beginning; being a part of the NW4 NW4 of Section 17,
T-6-N, R-9-E, also known as Block 3 of the Beck Subdivision
to the City of West Memphis, and
Tract No. 2:
Commencing at the point of intersection of the east right of
way line of Walker Avenue and the south right of way line of
U. S. Highway 70; thence south 600 feet along said east right
of way 1i~ie to the point of beginning; thence continue south
276.0 feet along said east right of way line; thence east 1000.0
feet along the north line of Mid Continent Apartments lot;
thence north 276.0 feet; thence west 1000 feet to the point of
beginning, being a part of the NW4 NW4 section 17, T-6-N, R-9-E,
nlr7n lcnnwn nH T11n~1cH 1 nnrl 2 of thr Rr~~•k tiuhdivir~tnn to the City
of Weai Memphis,
such application being to changeTract No. 1 from C-5 to RM-1 and Tract No, 2
a from M-2 to RS-5; and
WHEREAS, notice was duly published on May 8, 1970, stating the
nature of the petition for rezoning and calling on all interested persona to be
in attendance and state their ob jectiona if any; and
WHEREAS, the application was presented to the Planning Commission
at its meeting on June 24, 1970, and no person appeared to object to such re-
zoning application, and by motion made, duly seconded and unanimously adopted
the Planning Commission recommended that such petition be approved, and the
City Council deems it appropriate to grant the rezoning requested.
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NOW, THER.EFOR•E, be it ordained by the City Council of the City
of West Memphis, Arkansas:
Section 1. That Tract No. 1
Commencing at the point of intersection of the east line of
Walker Avenue and the south right of way line of U, S, Highway
70; thence south along said right of way line 500 feet to the point
of beginning; thence east 600 feet along the south line of Ryan
Chevrolet Company lot; thence north 100.0 feet, thence east
400 feet; 1.hence south 200 feet to a point; thence west 1000, 0
feet to a point on the east right of way line of Walker Avenue;
thence north 100 feet to the point of beginning; being a part of
the NW-'~ NW4 of section 17, T-6-N, R.-B-E, also known as
Block 3 of the Beck Subdivision to the City of West Memphis,
now zoned C-5 be, and the same is hereby, rezoned RM-1, and Tract No, 2
Commencing at the point of intersection of the east right of way
lino of Walker Avenue and the south right of way line of U. S.
Highway 70; thence south 800 feet along said east right of way
line to the point of beginning; thence continue south 276, 0 feet
along said east right of way line; thence east 1000.0 feet along
the north line of Mid Continent Apartments lot; thence north
276.0 feet; thence west 1000 feet to the point of beginning, being
a part of the NW4 NWq, section 17, T-6-N, R-9-E, also known
as Blocks 1 and 2 of the Beck Subdivision to the City of Weat
Memphis,
now zoned M-2 be, and the same is herebyy, rezoned RS-5,
Section 2. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3, A copy of this ordinance, when duly certified by the City
Clerk shall be filed and recorded with the Circuit Court Clerk and Ex-Officio
ltecoi•der within and for Crittenden County, Arkansas, and publiahc~d as by law
rnrnii rari .
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Mayor Rodgers announced the hearing on Vacating Alley in Block 11, Wheeler Subdivaion as advertised
in the Evening Times on July 3rd and 10th was the next matter on the agenda. No one appeared to
object to the vacating of the alley. Attorney Ralph Sloan on behalf of the petitioner stated
apartments are to be constructed in the area and there are no easements in the alley, therefore,
vacating the alley will not have any effect. An ordinance entitled "An Ordinance Vacating The Alley
kunning Through Block 11 As Shown On Plat Of Wheeler Subdivision Of tiecord In Plat Book 2 At Pages
113 and 114 In The Office Of The Recorder Of Crittenden County, Arkansas, Abutted By Lots 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 11 Of Wheeler Subdivision As Shown Un
Said Plat" was read the first time by City Attorney Wallin. Motion was made by Alderman Fkis,
seconded by Alderman Dabbs: That the first reading of the ordinance be approved. Upon roll call
vote, the voting was as follows:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
Mrs. Alma Rosa, 701 S. 8th, requested extension of trailer permit due to hardship involving illness
of her husband. The Council was informed the Board of Adjustment had referred Mra. Ross to the
Council due to the Board not having jurisdiction in certain matters pertaining to trailers. Letter
from Dr. C. W. Peeples stating the-need for someone to be in close proximity of Mr. Ross due to
liklihood of emerge situation was presented. After discussion, motion was made by Alderman Bentley,
seconded by Alderman Mallott: That Mrs. Alma Ross be granted six months extension for trailer permit.
Upon vote, the voting was as foliowe:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
X19:
Mr. Lindsey Fair3dy, Attorney for Urban Renewal Agency, informed the Council the Agency
had recommended the reappointment of Ftr. W. L. Barbour, Jr. The Council was informed the
appointment does not expire until November. l6, 1970, therefore, the matter was held in
abeyance. Motion was made by Alderman Mellott, seconded by Alderman Weis: That the
appointment of Bert McElroy and Hilliard McClinton as members of Urban Renewal Agency be
confirmed. Upon vote, the vding was as follows:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
1layar Rodgers informed the Council the Utility Commission had recommended the appointment of
Leo Chitman to serve the unexpired term of Commissioner B. J. Lambert, Jr., who had resigned
as moved from West Memphis. Motion was made by Alderman Weis, seconded by Alderman Smith:
That the appointment of Leo Chitman as a member of Utility Commission be confirmed. Upon vote,
the voting was as follows:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
Mayor Rodgers appointed a committe to consider the Jaycees proposal for a 9-11 Hot Line as
follows: Elton Kirby, Chairman, Don Butler, Lanny Gorman, Bob Bentley.
Mrs. lion Burnett and Tirs. Fred W. Owen~= representing the City Beautiful Commission presented
request for financial asaietance as endeavoring to present a program on beautifd~cation of the
City as their group has no budget appropriation. After discussion with the representatives and
Mrs. Dorothy Ward, a member of the Commission, motion was made by Alderman Bowie, seconded by
Alderman Smith: That 5100.00 be appropriated for City Beautiful Commission Budget. Upon vote,
the voting was as follows:
Aye: Aldermen: Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, Smith, and Weis.
No: None.
1•]ayor Rodgers brought to the Council's attention the custom of extending credit until end of
month for permits for plumbing, electric, building, and water tape. City Attorney Wallin advised
the Council Article 16, Section 1 of the Constitution of the State of Arkansas prohibits a city
from lending money or giving credit for any purpose whatever. The matter was taken under
consideration.
Alderman Smith introduced Tir. Dan Carr of Gassner, Nathan, and Browne, who outlined programs and
procedures for obtaining park and recreation funds from the Federal O~vernment. D[r. Carr stated
at this time funds are not available for land purchases, and additional information as to type
of program the City is interested in must be ascertained.
Alderman Smith stated the Park Commission has no Tennis Program this year. Funds for construction,
maintenance, supervision, and personnel, destruction of tennis nets, and other problems of the
Commission were discussed.
Alderman Dabbs brought to the Council's attention the condition of road from Highway to Dabbs
School and the possibility of obtaining Federal Assistance for County Roads. Pir. Cy Bond of
Bond Engineering discussed the matter with the Council and was requested to contact Judge Beck
as to plans of the County to participate in Federal Program.
No further business being presented, the meeting was adjourned.
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MAYOR
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CIT LERK
APPROVED: AUGUST 6, 1970