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May 6, 1971v t:rv t•1INUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 6TH DAY OF MAY, 1971. -- ---- .__ .... _..._ _. __ ._ ._ ..__ . __ ____ _ _ .__-_ _ . _._ ..._- --.._._ _ ..___ _, . _ ~_._._ _-_._ ._. ___--_ ~_____._ _ .__.f_.__. _.. _ _ 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 6th day of May, 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: M. P. Scott R. L. Smith Bili Dabbs Tommy Dickerson D. M. Grimsley City Attorney R. E. Wallin Absent: Alderman R. T. Bentley. Willie Lee Harris James L. Hightower Pritchard Horton C. D. Hutcherson It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on April 15, 1971, were approved as read. Alderman Hutcherson, Chairman of the committee to canvass the gas, oil, grease, etc. bide, reported the low bid of Sunray Oil Company was accepted. Alderman Smith stated the heating and refrigeration committee was having difficulty in obtaining cooperation of the heating and refrigeration people and also have a problem as to supervisory personnel. Alderman Smith informed the Council specifications on the streets a-:e being rewritten by engineers on the committee serving gratis, and part 1 has been written by Marion Davis and part 2 is being written by Sam Cross. Progress report on single-seal resurfacing was made by Engineer Charles Hampton, who stated re~:ommendations had been made by Sam Cross that 48 inch pipe be used at Walker and Broadway which would necessitate additional costs, and the information is being obtained. Engineer Cy Bond, Jr. responded to inquiries as to commencment of overlay work at intersections would be scheduled after the rainy season. Alderman Grimsley, chairman of the Police Commission, related recommendation of the Commission to purchase a squad car as four cars had been approved in the budget. After discussion, motion was made by Alderman Dickerson, seconded by Alderman Hutcherson: Authorize the Mayor to advertise for bids for police car. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. Alderman Scott, Chairman of the committee to study installation of utilities in subdivisions, stated an ordinance had been prepared for consideration, but had not bes:included in the tentative agenda. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the rule be waived and the ordinance be placed on the agenda. Alderman Scott commented on conversation with Mr. Jack Rich and Mr. B. B. McCarley on the proposed ordinance and request that the ordinance not be retroactive. Alderman Scott introduced the ordinance entitled "An Ordinance To Amend Section 5.1 Of Ordinance No. 412 Of The City Of West Memphis, Srknasas, Declaring An Emergency And For Other Purposes" and City Attorney Wallin read the ordinance in full. Alderman Dabbs, seconded by Alderman Hightower, 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: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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 Scott, seconded by Alderman Horton 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: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. _`_~ _ The 1~[ayor 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 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: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. Alderman Harris, seconded by Alderman Hutcherson, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: ScoL•t, Smith, llabbs, Dickerson, Grimsley, Harris, Hightoer, Horton, and Hutcherson. 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. 677. The ordinance read as follows: ORDINANCE NO.__~/ ~ 7 AN ORDINANCE TO AMEND SECTION 5.1 OF ORDINANCE NO. 412 OF THE CITY OF WEST MEMPHIS, ARKANSAS, DE- CLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY QF WEST MEMPHIS, ARKANSAS; Section 1. Section 5 Subsection 5. 1 of Ordinance No. 412 of the City of West Memphis, Arkansas, is hereby amended to read as follows; "Section 5. SUBDIVISION IMPROVEMENT REQUIREMENTS. 5.1 General The subdivider is put on notice that within the subdivision he shall at his own expense pave all streets, install sidewalks, sanitary sewers, street signs, and storm drainage improvements as required by these regulations; also, the subdivider at his own expense, shall install all water and electrical lines within said subdivision according to plans and specifications approved by the City of West Memphis and the West Memphis Utility Commission. The City shall fui°nish labor only for installation of wafer and electrical lines within the particular subdivision if so requested by the developer. The provisions of this paragraph relative to the installation of water and electrical lines shall be applicable to all subdivisions or parts thereof hereafter approved by the City of West Memphis and shall not apply retroactively." Section 2. It being found and determined by the City Council of the City of West Memphis, Arkansas, that the expenses of providing installation of water and electrical lines to various subdivisions and developments has become econo- mically burdensome and that the City of West Memphis does not have sufficient funds in order to continue said practices, that this amendment is immediately necessary in the interest of-the health, safety and welfare of the inhabitants of the C'it,y of West Memphis, therefore, an emergency i5 hereby declared and this Ordinance shall be in full force and effect from and after its passage and approval. Alderman Hightower presented the following reports: March 25, 1971 T0: West Memphis City Council FROM: Boys' Club Committee on Program Extension I2E: Use of the building at 412 South 25th Street, Weat Memphis, Arkansas THE FOLLOWING ARE THE RECOMMENDATIONS OF THIS COMMITTEE: 1. We recommend that a new Boys' Club be constructed utilizing the s~cne procedure under which the West Memphis Boys' Club was built. 2. We recommend that the building at 412 South 25th Street, West Memphis, Arkansas, be used as a combination Boys' Club and Community Center until such time that a new building is constructed to house the .Boys' Club; thus leaving the Community Center a separate operation. A, We recommend that the service center on Walker Street in the new low-rent project (Beck Sub-llivision) be used by the residents of that area and not put to public disposal. B. We recommend that a part time director be hired to assist Mr. Norful, the present Boys' Club Director, until such time that the Boys' Club and Community Center become two completely separate operations. (Housed in two separate buildings) ~. We recommend that the Assistant Director under the present Boys' Club Director be paid $225.00 per month, and increase the present Boys' Club Director from $175.00 to $250.00 per month. (1) This Assistant Director will co-ordinate a program with Mr. Norful, in relation to community activities. (2) The above mentioned Assistant Director will supervise the summer program within the Community Center. 3. The Community Center's gross from activities will be turlned in to the city. A, The City will be responsible for complete maintenance of building and grounds. 4. We recommend that those organizations that regularly donate recreational equipment be exempt from tax upon using the Community Center facilities. 5. We recommend that the Boys' Club Director and Assistant Director present a report (an annual report) to Park Commission. (If requested) 6. We recommend that all communication from the Mayor be directed to the present Boys' Club President and member of the board. Willie Bruce Box 595 West Memphis, Arkansas Phone: 735-7592 *rt~* Nathaniel Morris, Chairman Thomas Vaughn Jesse W. Cooper Joseph Trask Charles Broughton Mra. Roberta Jackson Mrs. Helen Broughton L. R. Jackson Community Center Aprii 28, 1971 The Joint Committee Meeting was held at the L. R, Jackson Community Center. The meeting was called to order by Willie Bruce, president of Board of wonder City Boys' Club, Prayer was offered by the Rev. J. H. Ball. Discueaion of the recommendations presented to the Mayor and City Councilmen was open. Members of the Mayor's committee presented what had been discussed in their previous meeting and waht recommendations they had made, and information from the Mayor's office. It was recommended that Boys' Club activities be carried on three days and Community activities be carried on three days. Mr. Durley asked that the Boys' Club be given four days for activities. Boys' Club activities will be provided space for certain activities every day. The director could remain for activities held at night or he can leave and return to close the building. The following answers follow the outline of the proposals presented to the Mayor and City Councilmen. 1. This recommendation was accepted. 2. This was also accepted. a, Accepted b. That a director be hired for the Community Center. A program will be worked out with the playground supervisor and the Wonder City Boys' Club M rector. The Director will be responsible for the maintenance of the building and grounds and opening and closing of the building. His salary will come from the city. No :'fund now received by Wonder City Boys' Club would be reduced. 3. Proceeds will go to the City. 4. Various Service Clubs and Organizations will make payments to the City instead of making donations of gifts to Wonder City Boys' Club. 5. Accepted 6. Accepted /S/ ALDERMAN HIGHTOWER - CHAIRMAN ALDERMAN BENTLEY 0 , C . HALEY ALDERMAN HARRIS JIM FALLS REV . BALL ~*** X53 The matter was taken under consideration and copies of recommendations to be sent to the Aldermen for study. Alderman Dabbs commented had received an invitation to opening of a river port in Oklahoma, and will report on the opening when returns. The Mayor announced Notice had been published in the Evening Times on April 8th and 15th for two tractors, and the bids will be opened: International Harvester Company International 444 Gas Tractor $2941.37 International 110 Balance Side Ounted Mower 545.40 444 Gas Tractor w/Mower 3486.77 444 Diesel Tractor w/Mower 3823.04 International 544 Gasoline Tractor 3587.38 Crittenden Implement Company 1020 Gas John Deere Tractor $3666.25 Diesel Engine Add 325.00 2020 John Deere Gas Tractor 4247.70 Diesel Engine Add 400.00 50 John Deere Mower 548.43 Russell Tractor Co., Inc. 160 AC Tractor $3285.00 82 SI Industrial Mower 715.00 Sales Tax 120.00 $4120.00 170 AC Tractor $5390.00 Sales Tax 161.70 $5551.70 54 HP Tractor $4745.00 Sales Tax 142.35 $4887.35 Arkansas Tractor Corporation Model 2500 Hydro-Clipper Sickle $1197.00 Model 470 Case Tractor -3337.11 $4 534.11 Diesel Engine 298.00 Plus Tax 570 Tractor $3963.75 Diesel Engine 373.07 Plus Tax Arkansas Tractor Corporation Model 770 Case $5219.50 Diesel Engine 440.00 Plus Tax B & E Implement Co. MF 135 Diesel Tractor $3332.28 MF 135 Bas Tractor 3256.93 MF 41 Dyna Mower 523.01 MF 165 Diesel Tractor $4480.50 MF 165 Gas Tractor 4129.32 Mayor Rodgers appointed committee of Alderman Dickerson, Chairman, and Aldermen Hutcherson and Harris to canvass the bids. Motion was made by Alderman Smith, seconded by Alderman Dabbs: If bids meet specifications that the committee be authorized to let contract for best bide for the City. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. Nay: None. The Mayor appointed Alderman Hutcherson Chairman of the Grass Committee, whose duties will be to take care of the tractors and enforce the ordinance pertaining to grass cutting. Mayor Rodgers announced Notice for bids for painting the swimming pools had been advertised in the Evening Times on April 15th and 22nd. The following bids were received: Arkansas Paint & Glass Co. l00 Gal Rubber Base Paint $4.60 Per gal. $460.00 20 Gal Thinner 1.67 Per gal. 33.40 12 Gal Muriatic Acid 2.00 Per gal. 24.00 $517.40 Tax 15.52 $532.92 Burk-Hall Paint 100 Gal. swimming Pool Paint $6.72 per gal $672.00 Share Corp. 100 Gal. Pooi Paint $12.95 per gal. $1295.00 20 Gal. Paint Thinner $2.00 per gal. 40.00 12 Gal. Acid $4.85 per gal. 58.20 $1393.20 _~~~ Alderman Dabbs was appointed Chairman of the Swimming Pool Paint Committee and Alderman Horton and Engineer Charles Hampton as members of the committeel Motion was made by Alderman Grimaley, seconded by Alderman Hutcherson: That the committee be authorized to award the bid to the lowest and best bidder. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Dabbs, Dickerson, Harris, Hightower, Horton, and Hutcherson, and Grimsley. No: None. Mr. James Snowden on behalf of Guaranty Loan & Real Estate Company presented application for rezoning of J. 0. E. Beck Subdivision, that had been recommended for approval by the Planning Commission. An ordinance entitled "An Urdinance To Rezone The Following Tract In The Northwest Quarter (NW's) Of Section 16, T-6-N, R-9-E, .Crittenden County, Arkansas" was introduced by Alderman Smith. Extension of a street to Broadway from the Subdivision was discussed, and reports made by Mr. C. H. Bond, Jr. and Mr. Charles Hampton that they had contacted Mr. Ellis Poole, owner of the property and were unable to obtain the required right of way. Thereupon, the ordinance was read by City Attorney Wallin. 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: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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 Grimaley, 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 callei the following voted: Aye: Aldermen: Scott, Smith, Dabbs, Diclceraon, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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 Scott, 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: Scott, Smith, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Scott, Smith, Dabbs, Diclceraon, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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. 678. The ordinance read as follows: i`3JJ~ __ _ __ ~ _ -.= .------_- ~.~ ._-.._ --_s___ ._ ___. _ _ _ _ . _ _ _ _ . __ ~~~i 'S . ORDINANCE NO.~~~ AN ORDINANCE TO REZONE THE FOLLOWING TRACT IN THE NORTHWEST QUARTER (NW4i OF SECTION 16, T-6-N, R-9-E, CRITTENDEN COUNTY, ARKANSAS. WHEREAS, application was made to the Planning Commission of the City of West Memphis pursuant to Ordinance 411 of such City for rezoning the following property, to-wit: Commencing at the northeast corner of the Northwest Quarter (NW4) of Section 16, Township Six (6) North, Range Nine (9) East, Crittenden County, Arkansas; thence South 430. 9 feet along the east line of said Northwest Quarter to the point of beginning; thence South 88 degrees 52 minutes West a distance of 1637.6 feet to a point, said point being the Northeast corner of the Beck Subdivision as recorded in Plat Book 2, page 338, in the office of the Circuit Court Clerk & Ex-Officio Recorder of Crittenden County, Arkansas, thence South along the east line of said Beck Subdivision and the east line of the Mid-Continent tract a distance of 1464.6 feet to a point on the east line of the Mid-Continent tract; thence East 310.0 feet; thence North 1149.6 feet; thence North 88 degrees 52 minutes East 1327.6 feet to a point on the east line of said Northwest Quarter; thence North 315.0 feet along said east line to the point of beginning, containing 20 acres, more or leas. such application being to change the zoning from M-2, General Industrial, to RS-5, Single-Family Residential; and WHEREAS, notice was duly published on April 12, 1971, stating the nature of the petition for rezoning and calling on all interested parties to be in attendance and state their objections if any; and WHEREAS, the application was presented to the Planning Commission at its meeting on April 28, 1971, and no person appeared to object to such rezoning 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. ~..~__ _ NOW, 'THEREFORE, be it ordained by the City Council of the City of West Memphis, Arkansas: Section 1. That Commencing at the northeast corner of the Northwest Quarter (NW4) of Section 16, Township Six (6) North, Range Nine (9) East, Crittenden County, Arkansas; thence Soullr 430. q feet along the east line of said Northwest Quarter to the point of beginning; thence South 88 degrees 52 minutes West a distance of 1637. 6 feet to a point, said point being the Northeast corner of the Beck Subdivision as recorded in Plat Book 2, page 338, in the office of the Circuit Court Clerk & Ex-Officio Recorder of Crittenden County, Arkansas, thence South along the east line of said Beck Subdivision and the east line of the Mid-Continent tract a distance of 1464. 6 feet to a point on the east line of the Mid-Continent tract; thence East 310.0 feet; thence North 1149.6 feet; thence North 88 degrees 52 minutes East 1327. 6 feet to a point on the east line of said Northwest Quarter; thence North 315. 0 feet along said east line to the point of beginning, containing 20 acres, more or less, now zoned M-2 , General Industrial, and the same. is hereby rezoned RS-5, Single-Family Residential. Section 2. All ordinances or parts of ordinances in conflict. herewith are hereby repealed. Section 3. 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. Section 4. 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 Recorder within and for Crittenden County, Arkansas, and published as by law required. Alderman Scott requested the City Attorney research the status of the City's participation irr matters pertaining to a bond issue by Southwest Chemical Company. Recess was called. After the meeting was called to order Mayor Rodgers introduced Mr. Bill Burnett, Chairman of the Park Commission, and Ptr. Lee Cramer, Superintendent of Parks and Fsecreation Dept. Mr. Cramer distributed copy of quarterly report of the Commission, and discussed costs, maintenance, vandalism, utilities, and plans of the Department. Mr. Burnett gave a resume of meeting with Urban Renewal Agency, and discussed park expansion. The First Quarterly report for the City was distributed, and the Afayor stated the City Treasurer will be requested to appear at the next meeting. Alderman Grimsley inquired as to ordering of decals for truck privilege license and installation of four way Step Sign at Balfour and Avalon. A letter of commendation for two Police Officers was read by Mayor Rodgers. Alderman Horton inquired as to progress on gas connections for trailers, and was informed the City Attorney is conferring with the Attorneys for Ark-Louisiana Gas Company. Alderman Scott requested action on a Civil Service ordinance, and the Mayor stated a committee will be appointed at the next meeting. No further business being presented, the meeting was adjourned ,~ CITY ':K APPROVED: MAY 20, 1471 ._ , ., ,~ ! ::~ ~ g..~, r~AYOR