April 1, 1971MINUTES OF A FEGULpF DIFETING OF THF. CITY COUNCIL OF THE CITY OF 1.T'ET MEMPHIS, ARKANSAS,
HELD ON l til?. =. S'1 i+~ x ur ~ E~ ;" i L '..
The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas,
met in regular session at the City Hall in said City, at 4:30 o'clock p.m., on the 1st
day of April, 1971.
The meeting was called to order by the Mayor, and the roll being called, there were:
Present: Tilden Podgera, Mayor, in the chair, and the following named Aldermen:
Pritchard Horton Bill Dabbe
C. D, Hutcherson Tommy Ilickeraon
M, P, Scott D. M. Grimsley
R, L. :math k1illia Lee Harris
R, T. Bentley James L. Hightower
City Attorney R. E. llallin.
Absent: None.
The following proceedings were had to-wit:
Minutes of Council Meeting on March 18, 1971, were approved as read.
Alderman Smith reported the committee appointed to study heating, air conditioning, and
refrigeration is gathering information.
Alderman Scott presented recommendation of the Insurance Committee, and moved that the
Automobile Liability be awarded to United Insurance Agency on bid of 51% off manual, and
Workmens Compensation and General Liability be awarded Crittenden Insurance Agency as per
bid and General Liability excluding automobile 55% off manual. The motion was seconded by
Alderman Dabbs, and upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley,
Harris, and Hightower,
No: None.
Alderman Scott e~presaed apprec.ation for the work of the committed., and read the following
minutes of meetings of the Insurance Committee on February 1S, 1911., containing recommendations:
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1'hr followinC; t'~~mmittpi wis appoinG'i~d_by,nldcrmnn Malcom ScotC~tp ~
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study the Insurance df: the City. of 'West Memphis, and to make such ' '`Iti',
recommendation: to the Cit IRSitt-ancr Co ittei; as .they ,felt necessdry:
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1. Charl+s DeGraff, Crittenden'Insurance Agency ~ t ~•'
2 ,iohn lt. Goe, Guaragty Loan. & Real FState Companyf `'~' ' b'x ~ `` t,~~
3. Buford Mallott, Upton.-It?5urt:~nce,fAKenc~ ~ `~ ` ';
4. Ray P1organ,~~ lie It i ~~iaurancr, Agency ~ '- ' ~ ,~ ~., ~~
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5. Br_yanc McCall+yy,McC9rloy Insurance Al',ency , ~
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u. L. B. Senhausen, United .Insurance Agency +
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C. li. Senhausen was named a~s. Chail:man of this ;Committee, and ~ , ~~
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John H. Goe, Secretary.
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Februaiy 19, 1971 and
The Committee met in the Mayor's Office,od ~~
aftrr discussion of the city ineurance;probleme;wrntld 11ke to make
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lnsurancc;.Committee:
tho followfng,roconunendattonp to khe:~at}l
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1. Tn the past the Agent of„Record,handlin}; the City Insurancr.' _','~
L'usiness has been required tc~"constant y review the purchases '`
We recommend that the City
and sale of City equipment. •,
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initiate some internal bonticol and have rea naible' , ~;.'~ h.i,i
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person, employed by the ;ditq, eit er Department Nead Purchasing ,.
Agent or other be res~opaible, not y t e Agent of Record of
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any chan es tto Vehiclea,cEquipment or new buildings ,,~~~~
constructed:" * r ~'
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2. Recommend that the~'City'Blanket,Position Bond be increased,
to $50,000.00, The present limit is $10,000.00. ~~;,'~
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3. The amount of premium paid on the Workmen's Compensation ~ " i.t~'~•
Insurance is contingent upon the amount paid in claims. li
In order to keep the premiufn as ;.low e§ possible, we recommend f~;
that the City institute d;;change,in hiring new employees. We" ~,t„ :~~
would like to see a new ap~licaEion'prepared 3neluding questions
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regarding the persona health and'any prior cliiims under •.
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s Compensation with ahy,p=ior employer. We would
Workmen .
like to include the requirement Ehat the pdrson have. a physical`
examinrttion prior''to c•mpl'oym~dt'`; This."Committee Would like to ,y:
nr;:;i•:t in prcp.n•ati~it~ of'~he,:':applicatiurl Conn.
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n the Mayor's:. Office at 10:00 a:m, with ~,~i'4 ~~
~~ The Insurance Committee met i
hY 1 '1
the follofaing~pre8ent; f ~ {~ ~ ~,' ~ ~~
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+ ~ Charles DeGraff, John H :'Coe; -~Bufoxd Mellott, Ray Morgan, ~ ~~, ":i
Bryant McCarley.and C: Bi'Senhausen. ~~~ V ~~ t ~;.
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Minutes of the meetfng of February 19, 1971 were read and approved. ,l
'' After further discussion of-the city insurance problems;'we would like to ~ ~+S
~~ ~ make the following recommendations:' +~ ~ ~ ~ti't
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the Mone & Se y y
1. Recommend thaty Commission.'becincreasedito $10; OO.OOet ,+~ 1lai"
_ .Memphis, Utilit
We also ;would recommend that all incoming checks be stamped;,, '°'
"For Deposit Only~!,upon;receipt in office, if this procedure ~ ~ ~r :, '.+.'
is not folloiaed at present: , ;j ~ ,E;~~
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` 2. We recommend~_that no;~IneurancePoYicies~presently i^ forcebe ~ ~~~
cancelled as: all~po],ici,es are. written at a reasonable rate and ~ - $„
'furnish adequate,protectibn fdr,the City: At the expiration of ~ ~~~
each.policy'the Comniittee.wil~ ieView the',coverage and make a
~`~ p tereste of the City.bf,
decision tha~;will'.best r4tect the in ,,
West Memphi&. ~'
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3. We recommend that the-various types of insurance.-be divided" ~ ,' '{ ti' ``
into five classes and certain agents be responsible fora portion a,
of the busi;ness.' This does not mean that this agent"or agents "*'~~
' ~...;, wi1T write this class of business through ,his agency. Following *~~ti
is the recoimnended classes and agents;
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' 1. ,Real'Property; PIP Form -- DeGraffi•Mal-lottand Morgan ' ~`'}
' 2. Scheduled;$quipment Property Floater.-- McCarley..." ~+~.E.
3. Bonds & Burglary -- Goe ,- '~
4: Workmen's Comp ~ General Liability -~ DeGraf£
5. 'Auto Liability -- Senhausen ;;;t'
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4. This Committee agrees to work toward securing the beat coverage
for the Cfty at the :lowest possible rate and that all commissions
will be shared, at_anniversary'of each policy, except for Workmen's ,+ ~ t
Compensation, General Liability and Auto Liability which are on
a bid basis. ';
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Mayor Rodgers announced bide fora Police Car as per Notice published in the Evening Times ".
on March 11th and 18th would be received. The bids were as follows:
Chalmers Buick Co. $3,347.50
Morrow Ford Sales, Inc. 3,082.85
Ryan Chevrolet Co. 2,602.77
A. J. Thomas, Inc. 2,856.97
The bids were given to the Police Commission for review, thereupon, motion was made by
Alderman Scott, seconded by Alderman Bentley: That the Police Commission be granted
authority to accept the best bid for the City. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabba, Dickerson, Grimsley,
Harris, and Hightower.
No: None.
The Mayor announced one bid had been received for application by aircraft of chemicals designed
to kill and control mosquitoes as per Notice in the Evening Times on March 11th and 18th. The
bid received was as follows:
MOSQUITO PROGRAM PROPOSAL
Neil Dickey, Inc., an Arkansas corporation, proposes to enter into
agreement xith the City of West Memphis, Crittenden County, Arkansas, for
the aerial application of chemicals designed to kill and control mosquitoes
within the limits of the City, under the following terms and conditions:
I
Neil Dickey, Inc. will spray the City a minimum of six (6) times,
beginning on or about April lg, 1971, and continuing at 21 day intervals,
subject to xeather conditions, until the program is completed. The area
to be sprayed x111 be the 3,000 acres within the City limits and surround-
ing area.
II
The chemical to be applied will be "Baytex SC", manufactured by the
Chemagro Corp., for this specific purpose. It will be applied at a rake
of (2.5) two and one-half ounces per acre in a one-gallon peraacre volume
minimum. The chemical will be furniehld by Neil Dickey, Inc.
III
The method of application will be by at least two sinp~le-engine aircraft
appropriately equipped for the spraying operation. These aircraft x111
be operated and maintained in accordance xith all applicable Federal
Aviation Regulations and other requirements of the City. They x111 be
thoroughly cleaned and will be available for inspection by a representative
of the City prior to conducting each spraying operation.
rv
The price for applying and supplying the chemical Baytex 3C x111 be
the sum of seventy-six ednts (76¢) per acre per application for the
three thousand (3,000) acres contained xithin the City.
V
Neil Dickey, Inc. carries the following minimum limits of liability
on each of its agricultural aircraft:
A. Bodily injury liability
1. $100,000.00 each person
2. $300,000.00 each ocourance
B. Property damage liability
1. $100,00.00 each occurance
Insurance policies and other related .information x111 be made available
for inspection by designated representative of the City upon request.
VI
The City agrees that it shall bear the full responsibility for any
damage resulting from the application of the chemical Baytex SC to
persons or property, and it shall have liability insurance to cover same
or hold harmless.
Any damages caused by aircraft failure or negligent operations of
the aircraft x111 be the reeponsibility of Neil Diokey, Ino. and it
carries liability insurance as described in Section Y above.
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VII
Neil Dickey, Inc. x111 post a performance bond in the amount of
$15,000.00. Details will be furnished upon request.
VIII
The Bid Specifications as drain up by the City of Weat Memphis are
attached to and made a part of this proposal.
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This proposal submitted this let day of April, 19'Jl.
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Harold N. Dickey, Pre ident
Neil Dickey, Inc. ~ /
Motion was made by Alderman Smith, seconded by Alderman Hutcherson that the contract be awarded
to Neil Dickey, Inc. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimaley, Harris,
and Hightower.
No; None.
Mayor Rodgers reported on meeting held on March 25th with representatives of Wonder City Boya Club
'as to use of L. R. Jackson Community Center, and appointed a committee of Alderman Hightower,
Chairman, Aldermen Harris and Bentley, James Fall, Sonny Haley, and Rev. J. H. Ball to meet with
committee from Wonder City Boys Club.
Attorney C. B. Nance, Jr. presented application of Mary Bretherick, Freddie Bollinger, and
R. K. Bollingerto rezone 10 acres north of Jackson Avenue. An artist's rendering of the proposed
apartments to be constructed by Alodex Corporation of Memphis was presented. Recommendation of the
Planning Commission to approve the rezoning was brought to the Council's attention. Thereupon, an
ordinance entitled "An Ordinance To Rezone Certain Property In The City Of Weat Memphis; Declaring
An Emergency And For Uther Purposes" was introduced by Alderman Dabbs, and City Attorney Wallin
read the ordinance in full.
Alderman Hightower, seconded by Alderman Scott, moved that the rule requiring the reading of an
ordinance in full on three different days be auapended 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: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimaley, Harris, and
Hightower.
No: None.
Thereupon the Mayor declared that at least two-thirds of ail 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 Horton, seconded by Alderman Dickerson 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: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimaley, Harris, and
Hightower.
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 auapended. The ordinance
was then read the third time by the City Attorney.
Alderman Bentley, seconded by Alderman Grimaley, 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: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimaley, Harris, and
Hightower.
No: None.
Alderman Harris, seconded by Alderman Hutcherson moved that Section 4, the emergency clause, be
adopted and on roll call the following voted:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris,
and Hightower.
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. 673. The ordinance read as follows:
.~
ORDINANCE NO. -~(
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 West Memphis, Arkansas, as provided by Ordinance No, 111 of
the City of West Memphis, for rezoning certain property within the C~.ty; and
WHEREAS, notice was duly published on February 25, 197.t, that a
hearing would be held by the Planning Commission at 3:30 o'clock F T.;~ on i~
the 31st day of March, 1971, and at said meeting and by the application pre-
viously submitted, it was requested that the following property be rezoned
Multiple-Family Residence District (RMl) instead of Limited Industrial
District (M-1) and Residence Agriculture (RS-7):
Commencing at the Southeast corner of the Northeast 1 f 4
of Section 13, Township Six (6) North, Range Eight (8)
East thence South 89 degrees 10 minutes 30 seconds West
a distance of 924.0 feet along said center line of Jackson
Avenue to a point, thence North a distance of 30 feet to
a point on the North Right of way line of Jackson Avenue
said point being the point of beginning, thence North a
distance of 600 feet, thence South 89 degrees 10 minutes
30 seconds West a distance of 726 feet, thence South a
distance of 600 feet to a point on the North Right of way
line of Jackson Avenue; thence North 89 degrees 10 minutes
30 seconds East a distance of 726 feet on said line to the
point of beginning, containing 10 acres more or less,
situated. in Crittenden County, 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 WEST MEMPHIS:
Section 1. That the following property now zoned as Limited Industrial
District (M-1) and Residence Agriculture (RS-7) be, and the same is hereby
rezoned as Multiple-Family Residence District (RM1):
1 Commencing at the Southeast corner of the Northeast 1 /4
of Section 13, Township Six (8) North, Range Eight (8)
East thence South 89 degrees 10 minutes 30 seconds West
a distance of 924.0 feet along said center line of Jackson
Avenue to a point, thence North a distance of 30 feet to
a point on the North Right of way line of Jackson Avenue
said point being the point of beginning, thence North a
distance of 600 feet, thence South 89 degrees 10 minutes
30 seconds Weat a distance of 726 feet, thence South a
distance of 600 feet to a prig*. c~- the North Right of way
line of Jackson Avenue; thence North 89 degrees 10 minutes
30 seconds East a distancz of 728 feet on said line to the
point of beginning, containing 10 acres more or less,
situated in Crittenden County, Arkansas.
Section 2. All ordinances or parts of ordinances in conflict here-
with 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 Cl°rk and Ex-Officio Recorder within and for Crittenden County,
I A rkansas.
Section 4. 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 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.
Attorney J. H. Spears preseisionapPlThetrequeatDfor•I~iclrZoningnfori34iapartmentskwasorecommended
Lot 8, Walker estate Subdiv
for approval by the Planning Commission. Alderman Smith introduced an ordinance entitle
"An Ordinance A=kHega8e1'ABRdRCi~gAttorney WaDllin readlthe ordinanceuinifull n In The City Of
West Memphis,
Alderman Hutcherson, seconded by Alderman Harris, moved that the rule requiring the reading of
an ordinancLeadinull ThetMayordputethetquestion onsthedadoptionhof the motionnandbthe roll being
its second 8
called, the following voted: Harris,
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley,
and Hightower.
No: None.
Thereupon the Mayotion torsuspend thelrule,tthetmotion waslcarriedranditheerulensuspendedg vThed
in favor of the mo
ordinance was then read the second time by the City Attorney.
laced
Alderman Grimslefulleonnthreeydifferent dayslbe furthervsuspendedhanduthatetherordinanceebeipg o
an ordinance in
on its third reading. ted Mayor put the question on the adoption of the motion and the roll be ng
called the following v Harris,
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley,
and Hightower.
No: None.
The Mayor declarednt~aotsug endsthewruleirtheomotion wasecarriedtandtthehruleususpendedng Theed in
favor of the motio P Attorney.
ordinance was then read the third time by the City
Alderman Dickerson, son thedadoptionrofnthermotion and thetroll beingacalled,athetfollowinggvoted n
was put by the Mayor
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris,
and Hightower.
No: None.
Alderman Scott, seconded by Alderman Hightower moved that Section 2, the emergency clause be adopte ,
and on roll call the following voted:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Mckerson, Grimsley, Harris,
and Hightower.
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. 674. The ordinance read as follows:
ORDINANCE NO.~(1- f-
AN ORDINANCE TO REZONE AND REDESIGNATE LOT 8
OF THE WALKER ESTATE SUBDIVISION IN THE CITY OF
WEST MEMPHIS, ARKANSAS
WHEREAS, D. F. McCrosky and Virginia McCrosky have petitioned
the City Planning Commission to rezone and redesignate certain property
hereinafter described; and
WHEREAS, notice was duly published on March 15, 1971, as provided
by law, of hearing to be held before the West Memphis City Planning
Commission at 3:30 p, m, on March 31, 1971, for the purpose of hearing any
interested parties in connection with the rezoning and redesignating of said
lands; and
WHEREAS, at said meeting on March 31, 1971, said petition was con-
sidered 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, ARKANSAS:
SECTION I: That the following described property, to wit:
Lot 8 of the Walker Estate Subdivision in the city of West
Memphis, Arkansas, as shown by plat of record in Plat
Book 2 at page 201 of the records of Crittenden County,
Arkansas,
be and the same is hereby rezoned and redesignated as RM-1, Multiple
Family Residence District,
SECTION II: EMERGENCY 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 is in the interest of the public peace, health,
safety and welfare of the citizens 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,
X41
Attorney J. H. Spears requested consideration of the rezoning request of Arkansas Constructors, Inc.
to rezone Lots 14 and 15, Block 70 and Lots 10 and 11, Block 134, Kendal from C-5, General Commercial
to RS-5 Single Family Residence. Excerpt of motion from Planning Commission Meeting Minutes on
March 31st to deny the application was read. Mr. Tom Coleman of the Urban Renewal Agency and
Mr. Frank Tullos of Arkansas Constructors discussed the matter with the Council. Motion was made
by Alderman Scott, seconded by Alderman Hutcherson: That defer action on the matter until the
Council can m~~t with the Planning Commission. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and
Hightower.
No: None.
A meeting of the Planning Commission and Urban Renewal Agency authorities was suggested.
Mr. Norman McDonald appeared to request information on work schedule of the Chief of Police and two
Assistant Chiefs, the matter was referred to Chief Romine and the Police Commission.
Alderman Horton brought to the Council's attention change in regulations of ;Ark-La.t, Gas Company
pertaining to connecting natural gas to mobile homes in that now require a written inspection
approval by the City, which can not be done as the City does not have information on construction
of the mobile homes Mayor Rodgers stated the regulation is being enforced by all offices of the
Gas Company in the State, and the Arkansas Municipal League is working on the matter.
Alderman Horton presented the following Resolution:
RESOLUTION N0. 414
WHEREAS, The West Memphis City Council has taken under consideration the recent military action
against Lt. William L. Calley, Jr. for hie alleged actions while in the service of the Armed Forces
of the United States of America;
NOW, TH ERE FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, That it wishes to
express the sincere regret of this City at the action taken against a combat soldier such as
Lt. Calley or any other soldier for alleged activities committed against an enemy force on the field
of battle. Further, that the Mayor is hereby requested to forward a copy of this Resolution to
Senators John McClellan, J. William Fulbright, Representative Bill Alexander and President Richard Nixon
with the hope and desire that these gentlemen will take all necessary and available action to rectify
the actions of this Military Tribunal and restore honor to Lt. Calley and the Armed F~ ces of This
Nation.
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Motion 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: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and
Hightower.
No: None .
Mayor Rodgers informed the Council decision is to be made by the Arkansas Highway Department as to
stop light at Dover F.oad and Missouri and the City advised. Also, construction of signal light at
Walker and Broadway is being delayed until blacktop work is completed, and work at the Railroad
Crossi:ig on Broadway will begin next week and two additional crossings are to be repaired.
There being no further business, the Council adjourned.
~t~
MAYOR
/ J
ATTE
~-" CIT ~ K
APPROVED: APRIL 15, 1971