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April 15, 1971X42 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, • HELD ON THE 15TH DAY OF APRIL, 1971. 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 15th day of April, 1971. The meeting was called to order by the Mayor, and the roll being called there were: Present; Tilden Rodgers, Mayor, in the chair, and the following named Aldermen: C. D. Hutcherson Bill Dabbs James L. Hightower M. P. Scott Tommy Dickerson Pritchard Horton R. L. Smith D. M. Grimsley R. T. Bentley Willie Lee Harris City Attorney R. E. Wallin Absent: None. The following proceedings were had to-wit: Minutes of Council Meeting on April 1, 1971, were approved as read. Alderman Dickerson, Chairman of the Garbage Study Committee, informed the Council the Committee studied garbage rates of other cities, expenses last year, updating of the incinerator and equipment, survey as to quantity and time consumed fbr Ficking up garbage at businesses. Appreciation to members of the committee for their work was expressed by Alderman Dickerson. Thereupon, an ordinance entitled "An Ordinance To Amend Section 4 Of Ordinance No. 553 Of The City Of West Memphis, Arkansas, Declaring An Emergency And For Other Purposes" was introduced by Alderman Dabba•~ ;~ and the City Attorney 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 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: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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 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: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None . The Mayor declared that at least two-thirds of all member 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 Bentley, seconded by Alderman Grimsley, 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: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Harris, seconded by Alderman Hutcherson, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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. 675. The ordinance read as follo~as: ORDI NANCE NO. ~si AN ORDINANCE TO AMEND SECTION 4 OF ORDINANCE NO. 553 OF THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EM- ERGENCY AND FOR OTHER PURPOSES. BE I T ORDAINED BY THE CITY COUNCI L OF THE CITY OF y WEST MEMPHIS, ARKANSAS; Section 1. Section 4 of Ordinance No. 553 of the City of West Memphis, Arkansas, is hereby amended to read as follows: "Section 4: That Section 12 of Ordinance No. 180---CLASSIFI CATIONS--- be amended to read as follows; ESTABLISHMENT Each house or apartment occupied by one-family unit Office buildings shall pay for each separate suite of rooms, or room, in said building or classified in schedule below Apartment Buildings -Central Pick Up Apartment Buildings -Separate Pick Up Custom Garbage Pick Up Each building, house or part of buildings occupied by a commercial business shall be classified by the Gar- bage Department according to volume and weight of garbage accumulated by such business and f or the hand- ling costs, and there shall be levied and collected the following fees: $ 1. 50 2.00 25.00 per load MANUFACTURING, FABRICATING & PROCESSING - $50.00 A 5.00 (Minimum Commercial Rate) B 7.50 C 10. 00 D 12.50 E 15.00 F 17.50 G 20.00 H 22. 50 I 25.00 J 27.50 K 30.00 L 35.00 M 40.00 N 45.00 O 50.00" 2.00 Section 2. All Ordinances or parts of Ordinances in conflict here- with are hereby repealed. Section 3. It being found and determined by the City Council of the _._-__- City of West Memphis, Arkansas, that this amendment being in the interest of the health, safety and welfare of the City of Weat Memphis,. therefore, an emergency is hereby declared and this Ordinance shall be in full force and MONTHLY FEE $ 2.25 effect from and after its passage and Alderman Smith reported the committee appointed to study refrigeration is researching defining their authority, Alderman Hightower reported a recommendation will be presented by the Committee after a meeting with the Directors of the Wonder City Boys Club on the use of the L. R, Jackson Community Center. Alderman Grimsley informed the Council the Police Commission had accepted the low bid of Ryan Chevrolet Company for the Police Car as per bid submitted on April 1st. Mayor Rodgers anouced bids for Gas, Oil, Grease, Kerosene, and Diesel Fuel as per bid notice publiFh~i on March 29th and April 5th will be opened. The bids received were as follows: Garrott Oil Company ~~~~~~ Bids on the f ollowitky glue back April 1S, 1971 4:30 P, M, BID FORM Tank Wagon Deliveries from May 1, 1971 to May 1, 1972, We submit the following bid for: Gasoline, Oil, Grease, Kerosene, and Diesel for the City of Weat Memphis, Arkansas 1. Gasoline -premium _~; " - regular -' Kerosene ~ Diesel _ _....... ..., 2, Bid discount per gallon from consumer tank wagon pr ue - Gasoline -premium ,~ G~-[da_. - regular _ .r~j ~ c~"a GC~ae_, Kerosene , O a ~~, Diesel , v3~4,a__ ~ 3, Present consp¢roar tank wagon price plus State Tax Only - Gasoline -premium ~, 3 • - regular _ ;,~ [ ~'- ni Kerosene ~ -', ~ Diesel f ~,,, ~ 4, Would City receive reduction in price in case of gas war? (YES or NO) ~~_ 5. Bid with City furnishing equipment Bid with Dealer furnishing equipment ~~y,~ ~ 6, Would discount stay the same if tank wagon cost goes up or down? /j2~ 7, Motor Oil - cases Non-Detergent (~,, "7 Straight Weight Detergent Multi Visc /p , pp 8, Diesel Oil 55 gal, drums ~9 s~s cases of quarts ~~- 9, Hydraulic Oil ~ 55 gal, drums ~ S 5 gal, cans , 10, Gear Oils 5 gal, cans ~Q .f~ 11. Grease 120 lb., drums i ~ , /d _.._..__~_ 35 lb; pails ; ` s 12, Outboard Motor Oil cases ---~- //' O ~~~~ ~ ~ ~ ~3 ~~i ,;,, ~? ,~ -i A .,~~ '. is °e h __ _. ... l `(` ~ ti 3'~ 5 __ _ ,_ _ _ ___ _____ Humble Oil Company - Bide on the following due back April 15, 1971 4:30 P, M, F '' ~ :r. '. SID FORM ~~' Tank Wagon Deliveries from Maq 1, 1971 to May 1, 1972, '~ We submit the following bid for:' Gasoline, Oil, Grease, Kerosene, and Diesel for the City of Weat Memphfs, Arkansas ' 1. Gasoline -premium EXtra 20.70a " - regular ESS• ~ Kerosene • 0¢ Diesel 14.~Od 2, Bid discount per gallon from consumer tank wagon price - Gasoline -premium 2.00¢ ~ ~; ~. - regular • Kerosene • Diesel ~~¢ 3. Present consumer tank wagon price plus State Tax Only - ; Gasoline -premium 30.20¢ ~6 regular • 0 ~.~~ r Kerosene 0 ~ Diesel • 4. Would City receive reduction in price in case of gas war? (YES or N0) No 5. Bid with City furnishing equipment CTW Les s_ 1F•OOSE ~ '`~ Bid with Dealer furnishing equipman~~ ess 2.00¢ 6, Would discount stay the same if tank wagon cost goes up or down? Yes 7, Motor Oil - cases Non-Detergent Esso M/0 1.36 Less 5~ net .1.31 E 9. ' ' xtra 1VI/0 ~.. ess 1.69 Straight Weight DetergenL . Multi Visc Uniflo M/0 .9 .Less 9(6 not 1.91 8, Diesel Oil / 55 gal. drumaEseolube HDX .46 Loan eS,Q! Nc+ •91 cases of quarts " """ ~ ~~ T,soe c~ ^~^~- 1.p5 ~ 9. Hydraulic Oil 55 gal, drumsTere880 #43 •92 Less 8¢ net .84 ~ " " 1x17 LaeR R¢ N~+1~p9 5 gal. cans >' r 10. Gear Oila G/X~ 5 gal, sane •23 Less 1¢ Net .22 " i~ _ ... >, .., ~~ , li, GreBea;~sso M~tlti~~'urpose ;" *~ `' ~ . drums .23"0 Less 1¢ Nat .22$0 120 lb. ' 35 lb, pails ~s550_.__ T _PGa ? - 1Vc+ .2450 / ~p 12. Outboard Motor Oil ~ {', cases Aquaglide Extra M/o 1J, Less ~2 Not 1.93 ' * Consumer tank wagon price , ate # The above prides era our net„prides plls y the to Federal and Salsa Taxes ghat would app y City Of West Memphis, Ark. .__e....-_._..Sun_liay .Oij.__Company..~_..._..._ ------- _ __. Side on the Following due back Apr~.l 13, 1971 4:30 P. M, ~~`'ii }; ,~ BID FORM ~~~~ Tank Wagon Deliveries from May 1•, 1971 to May 1, 1972. F;'~ Wa submit the following bid for: Gasoline, Oil, Grease, Kerosene, and Diesel for the City of Weat Memphis, Arkansas ' I 1. Gasoline -premium _~q~ " - regular .16 . Kerosene _ ~~~6 Diesel _1~~ 2, Bid discount per gallon from;. , o %e coneumer tank wagon price - `^ Gasoline -premium " - regular -' ~0~ Kerosene ,025 Diesel ,C?_5 3, Present coneumer tank wagon , price plus State Tax Only - Gasoline -premium ,'~0 2 - regular ; ^ Kerosene - •1 1 Diesel ~,`, ` 4, Would City receive reduction in price in case of gas war? (YES or N0) t~1o , 5, Bid with City furnishing equipment Same Bid with Dealer furnishing equipment ~ ~ me 6, Would discount stay the §ame if tank wagon coat goes up or down? vas 7. Motor Oil - cases .Z1X p/AMO~/~ Non-Detergent. ,74, ner ?al AXExT~A//E~I~y,Dury Straight Weight Detergent ,9~ ner ~~ DX !/LIRA s~-~u.~~ Multi vise 1.22 r~er ~*al ~XICLeEN.PiN~ S• Diesel Oil 55 gal, drums . u~3 ner st',~.1 cases of quarts 1.00 ner ~~cl 9, Hydraulic Oil - 55 gal, drums .$ ner ~ ~I 5 gal, cans ~. 3 ner ~a-1 10, Gear Oils 5 gal, cans .15 ner 1b 11, Grease ' 120 lb. drams , ^02 i c; 1' ib 35 lb, pails ,%15 nf:r lb 12, Outboard Motor Oil cases '.75 ner gal All o.f. above prices excluffi3:v© of all taxes unless otherv,ise requested. Prices are euoted for tankwagon deliveries and will escalate up or down .depending movement of e~tablised prices. rs t uly, ,. J. W. mith rict Accountin~;Superviscr {,; Sun Oil Company Mayor Rodgers appointed a committee of Alderman Hutcherson, Chairman, and Aldermen Dabbs and Horton to study the bids and present recommendation to the Council. The Mayor advised several bids had been received for used equipment through Midsouth Salvage Pool, and the highest bids were as follows: 1942 Jeep - $350.00, Dm~e Truc}; $187.50, Chev, Dump Truck $251.50, After discussion, motion was made by Alderman Scott, seconded by Alderman Grimsley: That award bids to highest bidder, Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. ~84? Mayor Rodgers brought to the Council's attention a tractor used six years for mowing had been checked and needed repairs will cost approximately $1,500. The Mayor stated one new tractor had been anticipated in the budget, however, he recommended purchase of two tractors rather than the expense of repairs for the six year old unit that had been offered $600.00. After discussion, motion was made by Alderman Horton, seconded by Alderman Grimsley: That the Mayor be authorized to advertise for bids for two tractors. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Mr. J. E. Lalman, and his Attorney Judge E. J. Rubens, requested the rezoning of Lot 20 lying in N~ of Sec. 24, T6N, R8E from M-1 to R-T. Excerpts from Minutes of Planning Commission meeting on March 31st were read. The Council was informed Mr. Lalman will comply with guidelines proposed by Mr. Dan Carr of Gassner, Nathan & Browne for a trailer court with the exception of area of four acres as the property contains approximately two acres. After discussion of utilities, area, condition of the property, requirements for trailer courts, an ordinance entitled "An Ordinance To Rezone Certain Zoned Property From M-1 To R-T, Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and City Attorney Wallin read the ordinance in full . Alderman. Hutcherson, seconded by Alderman Harris 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: Hutcherson, Scott, Smith, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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 Grimsley, seconded by Alderman Bentley then moved that the rule rewiring 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: Hutcherson, Scott, Smith, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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 Dickerson, 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: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Scott, seconded by Alderman Hightower, moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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. 676. The ordinance read as follows: ORDINANCE N0. 676 AN ORDIANCE TO REZONE CERTAIN ZONED PROPERTY FROM M-1 TO R-T, DECLARING AN EMERGENCY AND FOR OTHfR PURPOSES. r" WHEREAS, a petition has been fiied with the Planning Commission of the City of West Memphis, Arkansas, by J. E. Laiman, as provided by Ordiance No. 411 of the City of West Memphis, Arkansas; and WHEREAS, a notice was duly pubiished on the 11th day 'of ;; March, 1971, that a hearing would be held by the Planning Commis- rr; sion on the 31st day of March, 1971, at the City Ha11 for the purpose of taking action upon said petition and calling upon all '; interested parties to appear at such hearing to make known their objections, if any, in connection with said application for ^; rezoning of property,.hereinafter described; and WHEREAS, et said meeting on March 31, 1971, and by the petition. previously made to the Planning Commission, it was requested that the following property located in<Crittenden County, Arkansas, to-wit: Lot 20 lying in the North Half (N~) of Section 24, Township Six North ' (T8N), RANGE Eight East (R8E), and further described as being Lot 20 according to Bond's survey on May 23, 1940, of irregular lots recorded in Plat Book 1, Pages 106 and 107 in the office of the Circuit Court Clerk and Ex-Officio Recorder for '` Crittenden County, Arkansas. } be rezoned from present zpning M-t to R-T, Residence-Mobil Homes. ;;( WHEREAS, no persons appeared to offer a protest against fl the rezoning of said property as requested; and WHEREAS, the Planning Commission recommended to the City ,, _. _;,,. Council'that said rezoning be granted. t NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: JCI,IlUIV 1. i~~~...'b.~~ ~..,~~~-=•.~~y'' ~„r,... ~~ ~vcal.cu ~~~ ~i i~~c~~ucri' County, Arkansas, to-wit: Lot 20 tying in the North Half (N~e) of Section 24, Township Six North (T6N), Range Eight East (R8E), and further described as being Lot 20 according to Bond's survey on May 23, 1940, of irregular lots recorded in Plat Book 1, Pages 106 and 107 in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas. now zoned as M-1, be and the same is hereby rezoned to R-T, Residence-Mobs l Homes. SECTION II. A11 Ordinances or part of Ordinances in con- flict herewith are hereby repeated. ,, ._ _ .,n~....._ __ --_.. -. -___-_ -_ ~_~__... ..SECTION III. Emergency C1aUSe: It is found by the ` Council that the ,present zoni ng of the above described lands is h~` not appropiate for proper and orderly development of the City of West Memphis, and, in order to :maintain an orderly system of zoning of districts within the zoning authority of the City of West Memphis in keeping with a proper city plan for the orderly - development of said Brea, it fis necessary that the rezoning of ~' the above described property'be ,immediately accomplished, and therefore, an emergency ,is found to exist and this ordinance shall f'; be in`fu11 force and effect from and after its passage, approval ~' - _ and publication as required by law. SECTION IV. COPY OF ORDINANCE. FILED FOR RECORD; A copy ~' ~ . _ . of this ordinance wheh duly Certified by the City Clerk, shall be `subject to being filed and recorded in the office of the Circuit Cou~t Clerk and Ex-Ofi`icio Recorder within and for Crittenden '~(I County; .Arkansas. , ~: -- Final Plats of 4th and 5th Additions of Westwood Acres approved by the Planning Commission on March 31st were presented. Mr. B. B. McCarley was pn$ent and stated Lot 19 is being reserved at this time until decision is made by the School Board or for a park area. After discussion, motion was made by Alderman Bentley, seconded by Alderman Horton: That Final Plat of 4th Addition of Westwood Acres be accepted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimele}ey; Harris, Hightower, and Hrton. No: None. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That Final Plat of 5th Addition of Westwood Acres be accepted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Rev. Bob Alston, Pastor of Central Baptist Church, presented complaint of damages to the church and Central Christian Schools at 404 N. 14th Street by students from East Jr. High after school between 3:15 and 3:45 P.M. After discussion, it was concensus that the Police be instructed to patrol the area, and a study be made of the problem. Motion was made by Alderman Smith, seconded by Alderman Horton: That all ordinances or resolutions to be proposed at a regular scheduled meeting of the Weat Memphis City Council be submitted to the Mayor's Office no later than 5 P.M. Monday prior to Thursday's meeting unless a unanimous vote of the Council waives the requirement. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Hutcherson inquired if windshield stickers for trucks that have obtained privilge license have been received, and was info-med dta#i not beer able to obtain the stickers. Alderman Harris brought to the Council's attention the problem of collecting garbage at trailers on Tyler and Walker and requested permission for the garbage to be p~4ked up in front instead of at the rear of the trailers; the matter was referred to the Garbage Committee. Alderman Dickerson commented on the Cotton Carnival Tour befng at Holiday Plaza Mall Monday, April 19th and 8:15 A.M. Alderman Horton requested if progress had been made on inspection of gas connections to trailers; and was advised City Attorney Wallin is conferring with the Arkansas Louisiana Gas Company Attorney. Alderman Scott requested the Mayor appoint a committee to study utilities to subdivision; thereupon, Mayor Rodgers appointed the following committee: Alderman Scott, Chairman and Aldermen Smith and Bentley. No further business being presented, the meeting was adjourned. _ CITY w '~ MAYOR