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May 20, 1971$57 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 20TH DAY OF MAY, 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 20th 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: R. L. Smith R. T. Bentley Bill Dabbs Tommy Dickerson D. M. Grimsley Willie Lee Harris James L. Hightower Pritchard Horton C. D. Hutcherson M. P. Scott City Attorney K. E. Wallin Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Mayor Rodgers introduced Jerry D. Chapple and Bobby Adomyetz of the Fire Department, who had received a score of excellent at a course for Fire Officers and Fire Instructors from the Southwest Technical Institute at Camden, Arkansas. Alderman Horton, Chairman of the Fire Department Commission, awarded Officership Diplomas to Mr. Chapple and Mr. Adomyetz. City Treasurer Browder discussed the first quarterly report and indicated all departments are within their operating Budget. Alderman Dickerson, Chairman of the committee to canvass the bids for tractors for grass cutting, reported the low bid~of International Harvester had been accepted, and three tractors ordered. Mayor Rodgers appointed Alderman Horton to assist Alderman Hutcherson on the Grass Cutting Committee. Alderman Dabbs, Chairman of the Committee to canvass the swimming pool paint bids, reported the low bid of Arkansas Paint & Glass Company had been accepted. Mayor Rodgers appointed the following Committee to establish Civil Service for uniformed employees: Alderman Scott, Chairman, Fire Chief Simmons, Police Chief Rominea, Capt. Ward of Police Department, Assistant Chief Darby of Fire Department, Aldermen Grimsley and Horton, and City Attorney Wallin. The Mayor informed the Council Pir. Leo Chitman's term of office as a Utility Commissioner expires in May. Thereupon, Alderman Hightower nominated Mr. Chitman to be reappointed, the nomination was seconded by Alderman Harris. After discussion of the nominees work with Representative Bill Alexander in Washington would not conflict with his duties as a Commissioner, motion was made by Alderman Bentley, seconded by Alderman Smith: That nominations cease. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. The Mayor requested vote on the nomination, which was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. Mayor kodgers stated the term of Mr. H. H. Hyman as a member of the Planning Commission had expired, and expressed appreciation for Mr. Hyman's work. The Mayor nominated Mr. Willie Bruce, 2607 E. Jackson as a member of the Commission. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the nomination be approved. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. Attorney Ralph Sloan representing Arkhaven Investment Company presented ordinance for rezoning of lots in Hulbert Heights Subdivision to permit construction of apartments south of Extendicare Nursing Home. The Planning Commission had recommended the rezoning. After discussion an ordinance entitled: "An Ordinance To kezone Lots 34, 35, 36, 37, 38, 39, 40 and 41 And The N'~ Of That Portion Of Vacated Fourth Street Lying South And Adjacent To Lots 34 And 35 As Shown By Piat Of Hulbert heights Subdivision, West Memphis, Arkansas, Recorded In Plat Book i At Page 40" was introduced in writing by Alderman Smith, and the City Attorney 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. 'Thereupon the Diayor declared that at least teao-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 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 third reading. The )`iayor put the question on the adoption of the motion and the roll being called the following voted: ,qye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, ilighta~r, Horton, Hutcherson, and Scott. Nay: None. 'The Dtayor 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 Y.he third time by the City Attorney. Alderman Dickerson, seconded by Alderman Grimsley, moved that the ordinance be adopted. The question was put by the >v[ayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. Alderman Horton, seconded by Alderman Hightower, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Alderrr,•n: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Tightower, Horton, Hutcherson, and Scott. Nay: None . 'The Ir[ayor 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. 679. The ordinance read as follows: AN ORDINANCE TO REZONE LOTS 34, 35, 36, 37, 38, 39, 40 AND 41 AND THE N~ of THAT PORTION GF VACATED FOURTH STREET LYING SOUTH Al`lD ADJACENT TO LOTS 3~ AND 35 AS SHOWN BY PLAT OF HULBERT HEIGHTS SUBDIVISION; WEST MEMPHIS, ARKANSAS, RECORDED IN PLAT BOOK 1 AT PAGE 40. WHEREAS, Arkhaven Investment Co, has petitioned the pity Planning Commission to rezone and redesignate certain property hereinafter described; and WHEREAS, notice was duly published on April 9, 1971, as provided by law, of hearing to be held before the West Memphis City Planning Commission at 3:30 p, m, on April 28, 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 April 28, 1971, said petition was con- sidered by the Planning Commission and no persons appearing to protest the same, t}re Planning Commission recomrnended 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: Lots 34, 35, 36, 37, 38, 39, 40 and 41 and the NZ of that portion of vacated Fourth Street lying south and adjacent to Lots 34 and 35 as shown by plat of Hulbert Heights Sub- division, West Memphis, Arkansas, recorded in Plat Book 1 at page 40, be and the same is hereby rezoned an~.2'edesignated as RM-1, Multiple Family Ttc^;icli•nce ni;;tric~i, SECTION II: EMERGENCY CLAUSE; It is found and decldred by the City Council of the City ~f WeSt. Memphis that this ordinance is necessary for the growth and expansion of the City of West Memphis; therefore, an emergency i5 hereby declared to e~:ist, and this ordinance shall be in full force and effect frr~tn nnci at'tri• its paa~a;,+c~ and approval. Application of D. F. and Virginia A. McCroakey for rezoning Lots 32, 33, 34, Block 16b, Kendal Subdivision RM-2 Multiple Family Residence District was presented by Attorney Ralph Sloan. The Council was informed the area had been scheduled as a high denalty area by Urban Renewal, and the rezoning recommended by the Planning Commission. An ordinance entitled "An Ordinance To Rezone Lots 32, 33 And 34, Block 166, George T. Kendal Subdivision In The City Of West Memphis, Arkansas, To RM-2, Multiple Family Residence District" was introduced in writing by Alderman Dabbs, and the City Attorney read the ordinance in full. Alderman Hightower, 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: Smith, Bentley, Dabbs, M ckerson, Grimeley, Harris, Hightower, Horton, Hutcherson, and Scott. 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 Grimeley, 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; Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: 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 ordinane was then read the third time by the City Attorney. Alderman Bentley, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. Alderman Scott, seconded by Alderman Harris, moved that Section 2, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: 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. 680. The ordinance read as follows: ORDINANCE NO, 680 AN ORDINANCE TO REZONE LOTS 32, 33 AND 34, BLOCK ''166, GEORGE T. KENDAL SUBDIVISION IN THE CITY OF -WEST MEMPHIS, ARKANSAS, TO RM-2, MULTIPLE FAMILY RESIDENCY' DISTRICT WHEREAS, D. F. McCrosky and Virginia A. McCrosky have petitioned the City Plan{~ing Commission to rezone and redesignate certain property hereinafter described; and WHEREAS, notice was duly published on April 13, 1971, as provided by law; of hearing to be held before the West Memphis City Planning Commission at 3:30 p, m. on April 28, 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 April 28, 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 he 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: Lots 32, 33 and 34 in Block 166 of the George T, Kendal Subdivision in the city of West Memphis, Arkansas, be and the same is hereby rezoned and redesignated as RM-2 ,Multiple Family Residence District. SECTION II: 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. Alderman Scott suggested zoning ordinances be read on three separate occassiona in order that citizens have an opportunity to present objections to the Council unless an emergency exists that would require enactment of the Emergency Clause. An ordinance entitled "An Ordinance Accepting Territory Annexed To The City Uf Weat Memphis" was presented for consideration by Attorney Ralph Sloan. Obligation of the City in developing annexed areas, finances, fire and police protection, advantages as to expansion of the City, additional 11 mills tax, request of the Airport Commission for annexation were discussed. Alderman Smith requested five minute recess. After the recess the Council resumed consideration of the Annexation, plats of Westwood Acres 5th and 6th Additions previously approved being part of the property to be annexed, sewer outfall lines were explained by Engineer Cy Bond, Jr. Thereupon motion was made by Alderman Bentley, seconded by Alderman Dickson: That the matter be tabled. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. The following petition was presented: PETITION TO VACATE STREET Come the undersigned petitioners, Burton F. Williams and Theresa D. Williams, husband and wife, and Thomas C. Palmer and Celia Elaine Palmer, husband and wife, being the owners of certain lands abutting upon that portion of Harrison Avenue hereinafter particularly described and petitioning the City Council of the City of Weat Memphis, Arkansas, state: That the petitioners, Burton F. Williams and Theresa D. Williams, are the owners of the land abutting on the north of that portion of Harrison Avenue sought to be vacated and Thomas C. Palmer and Celia Elaine Palmer, are the owners of the land on the south side of that part of Harrison Avenue sought to be vacated. That George T. Kendal, the original owner of the lands out of which Harrison Avenue was carved, had said lands surveyed and a plat prepared and filed for record in the office of the Recorder of Crittenden County, Arkansas, and thereafter Harrison Avenue as originally laid out was relocated and on August 7, 1950, a new plat was filed for record and recorded in the office of the Recorder of Crittenden County, Arkansas, in Plat Book 1 at page 263 showing Harrison Avenue as relocated and showing that portion thereof now sought to be vacated; that the portion of Harrison Avenue proposed to be vacated and as laid out and platted upon the plat of record in Plat Book 1 at Page 263 was never actually laid off and improved and has never been used and the petitioners now request the closing of that portion of Harrison Avenue as shown on said plat extending from the east line of 21st Street to the west line of the drainage ditch shown upon said plat. 361 That there is attached hereto as Exhibit "A" a copy of that portion of the plat filed for record in the office of the Recorder of Crittenden County, Arkansas, which shows the portion of Harrison Avenue to be vacated, together with the lands abutting upon the street to be vacated. WHEREFORE, petitioners pray 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 as required by law acd that upon final hearing that that portion of Harriann Avenue hereinabove described be vacated and all rights of the City of West Memphis and of the public generally therein be released, vacated and abandoned. Respectfully submitted this 13th day of May, 1971. BURTON F. WILLIAMS AND THERESA D. WILLIAMS and THOMAS C. PALMER and CELIA ELAINE PALMEk, Petitioners BY SPEARS & SLUAN, Their Attorneys *x-~,tt By: /S/ RALPH W. SLOAN After discussion, motion was made by Alderman Smith, seconded by Alderman Hutcherson that the following resolution be adopted setting date of hearing on June 3, 1971. RESOLUTION N0. 415 WHEREAS, there has been filed with the City Council of the City of West Memphis, Arkansas, by Burton F. Williams, Theresa D. Williams, Thomas C. Palmer and Celia Elaine Palmer a petition to vacate that portion of Harrison Avenue extending from the east line of 21st Street to the west line of the drainage ditch as shown on plat of record in Plat Book 1 at Page 263 and said petition prays that the City Council fix a day for the hearing of said petition. NOW, THEREFORE, BE IT RESOLVED: That said petition to close the above described portion of Harrison Avenue be set down for hearing on the 3rd day of June, 1971, at 4:30 p.m. in the Municipal Courtroom in the City of Weat Memphis, Arkansas, and that the City Clerk give notice as required by law of the hearing to be held. *~t** Mayor Rodgers brought to the Council's attention adoption of an ordinance to increase Police personnel for duty at Southland Track. An ordinance entitled "An Ordinance To Establish The Number Of Policemen Authorized For The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and the City Attorney 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: Smith, Bentley, Dabbs, Iickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. 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 Bentley, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: 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 Gtmsley seconded by Alderman Horton, moved that Section 4, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen; Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Cierk and impressed with the seal of the City. The ordinance was given No. 681. The ordinance read as follows: ~~~ ORDI NANCI: NO, ~~~~~ AN ORDI NANCE TO ESTABLI SH THE NUMBER OF POLI CEMEN AUTHORIZED FOR THE CITY OF WEST MEMPHIS, ARKANSAS; DECLARI NG AN EMERGENCY AND FOR OTHER PURP OSES. BE I T ORDAINED BY THE CITY COUNCI L OF THE CI TY OF WEST MEMPHIS, ARKANSAS: Section 1. That t he West Memphis Pol ice Department shall be authorized to commission not more than 66 police of ficers f or the Ci t y of West Memphis, and same shall be under the general superintendence of the Mayor of t he City of West Memphis. Section 2. Said Police Department shall enforce the laws of the Stet a of Arkansas and the Ordinances of the Cit y of West Memphis as required by law. Section 3. All Ordinances or parts of Ordinances i n confl ict herewith are hereby repealed. Section 4. It being determined that the enforcement of the laws of the St ate of Arkansas and the City of West Memphis require addit Tonal pol ice officers under the general superintendence of the Mayor of the Cit y of West Memphis, i n t he int Brest of the health, saf ety and welfare of said City, an emergency is hereby declared to exist, and this Ordinance shall be i n f ull force and of f ec~~ f rom and after its passage and approval. . ~ rn _ iii' 1•Irs. Elzina Lindsey of the West 1•femphis Action Committee presented copy of Petifon presented to Mr. Dalton Jennings, Commissioner Arkansas State ]kpartment Of Welfare, Mrs. Melba Carpenter, Director Crittenden County Welfare Department, Crittenden County Welfare Board, Mr. Jack Brawley, County Judge Crittenden County stating: We, The Undersigned Food Stamp Recipients Uf West Memphis, Demand That A Food Stamp Issuing Office Be Centrally Located In West Memphis. We feel That The Following Facts Support The Need For Such An Office: 1. Half of the food stamp recipients in Crittenden County live in West Dlemphis. 2. The office in Marion is difficult for many recipients to get to, especially older people. 3. Anew office in West Memphis could be used by those recipients who live throughout southern Crittenden County, thus relieving the overcrowding and long waits at Marion. 4. The food stamp office closes at 2:00 pm everyday, forcing many people who riid not receive their food coupons to come back the following day. **~t Piayor Rodgers informed those present of efforts to obtain office space, and requested assistance of the group in locating suitable space. Alderman Smith stated construction on overlay intersections will commence the first two weeks in June; also financing the Hulbert Road Project is being ascertained. Alderman Smith announced the appointment of Mrs. Lindsey Fairley to the Review Board. Alderman klutcherson related plans for cutting grass. Alderman Dickerson requested removing of junked cars be continued. Changing of time of Council Meeting was discussed, and action held in abeyance until the next regular meeting. In response to inquiry of Alderman Grimsley the Mayor stated decals for trucks have been ordered and will teceive within three weeks, hocaever, had not received information on stop light at Missouri and Dover Road. ~`6 Chief of Police Parvin Romines elabored on Community Relations Project of the Arkansas Commission on Crime & Law Enforcement. After discussion, motion was made by Alderman Dickerson, seconded by Alderman Grimsley: Approve employment of additional man to the Police Department contingent upon._receiving a Tederal Grant. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Scott. Nay: None. Alderman Horton brought to the Council's attention the lighting of tennis court at Scottwood and McAuley, which would coat approximately $3,500, inasmuch as funds are not available in the Park Commission budget. The Mayor stated would ascertain if mathching funds might be available. Report of the committee on use of L. R. Jackson Community Center was considered and held in abeyance until the committee could study and clarify the committee report. Alderman Hightower requested information on rezoning of an area between Jackson and Monroe, and was advised to contact Building Inspector Perrine. No further business being presented, the meeting was adjourned. ~ ,, CITY ~,B.K r MAYOR APPROVED: JUNE 3, 1971