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August 4, 1966~~ . MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON AUGUST !~ 1966. The City Council of the City of West Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 4th day of August, 1966. The following were present: Mayor Bob Eden, and Aldermen: R. C. Bowie, Earl Felts, Kirby Leggett, C. H. Rowton, F. C. Weis, and Franklin Bassett; and City Attorney W. H. Dillahunty. Absent: Aldermen: 0. I. Bollinger and Paul Matthews. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on July 21, 1966, were approved as read. Mrs. Stella Griffin of 219 W. Danner app~$red to request permission to place a trailer at the rear of her residence for her aged Mother. Mrs. Griffin stated she had a petition signed by her neighbors on each side approving of the placing of the trailer. The Mayor advised Mrs. Griffin it would be necessary to have a petition of approval signed by all the neighbors in the entire block on each side of her residence, across the street, and at the rear before the matter could be considered. Mayor Eden announced the next order of business would be a hearing on petition to vacate a portion of Monroe Avenue. No one appeared to ob3ect to vacating the street as per Notice published in the Evening Times on July 11th and 18th. Attorney Everard Weisburd, representing the petitioner Mra. Emma B. Denson, informed the Council Mrs. Denson owns all the property on both sides of the street, and the request was being made in connection with the construction of the proposed nursing home. After discussion, it was pointed out if street had been constructed it would end at Cooper Subdivision, and adequate ingress and egress to the area is provided by Jackson Avenue, Alderman Rowton introduced an ordinance entitled "An Ordinance To Vacate A Portion Of Monroe Avenue In The City Of West Hemphis, Crittenden County, Arkansas, Declaring An Emergency, And For Other Purposes", and the ordinance was read in full. Alderman Bowie, seconded by Alderman Weis, 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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. Alderman Leggett, seconded by Alderman Bassett 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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 by Alderman Felts. Alderman Rowton, seconded by Alderman Bowie, 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. Alderman Weis, seconded by Alderman Leggett, moved that Section 2, the emergency clause, be adopted, and bn roll call the following voted: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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. 503. ORDINANCE NUMBER ,.')E} AN ORDINANCE TO VACATE A PORTI ON OF MON:ROE AVENUE IN THE CITY OF WE~I M]{,b'IPHIS, CRIT'i'ENDEN COUNTY, ARKANSAS, DECLARING AN EMERGENCY, -~ AND FOR OTr~ R PURPOSES„ ' W~IEREAS, Emma B, Denson has filed a petition with the City Co~.inr.il of the City of West Memphis, Arkansas .requesting that a portion of Monroe Avenue bounded on the east by the west boundary line of Cox Street and bounded on the west by the east boundary line of South Ava1o ,Street, D4onroe Avenue being designated as 3th Street and South Avalon Street being designated as Mudge..- Avenue, and Cox ~tre~t being designated as Cox Avenue in the plat of Hulbert Heights Subdivision to the City of West Memphis, Arkansas, said plat having been prepared by C. G. Richardson, C„ E., said plat being of record in plat Book "1" at Page 40 in the office of the Circuit Clerk and Ex~Officio Recorder of Crittenden County, Arkansas, be vacated and; WHEREAS, notir_e was duly given o.f a hearing to be held before the City Council of the City of West Memphis, Arkansas at 3:00 o'clock P.M, on August 4, 1966 for the purpose of hearing any interested persons in connection with the vacating of the said portion of Monroe Avenue, and; WHEREAS, at said meeting petitioner appeared by counsel and requested that the,said portion of Monroe Avenue be vacated,>and no persons appeared to protest the same, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SectionL. That that portion of Monroe Avenue bounded on the east by the west boundary line of Cox Street and bounded on the west by the east boundary line of South Avalon Street, be, and the same hereby is, vacated a~1d abandoned. Section II. Emergency Clause: I:t is found by the City Council that-this Ordinance is necessary for the growth and expansion of the City of .West Memphis and in order to better provide for the public welfare, safety, comfort and convenience of the inhabitants of the City of West Memphis, and therefore, an emergency is h~=reby declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, Section IV„ A copy o.f this Ordinance when duly certified by the City Clerk shall be subject to being filed and recorded in the Office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden C~ou~nt~#Arkansas. t34 Recommendation of the Planning Commission for the rezoning of property in Hulbert Heights Subdivision on July 7, 196b, was read. Mr. Everard Weisburi in behalf of the owner of the property, Mrs. Enma B. Denson, informed the Council the rezoning was requested to permit construction of the nursing home. After discussisx, Alderman Felts introduced an ordinance entitled "An Ordinance To Rezone Certaie Zoned Property In. Eulbert Heights Subdivision From M-1, Limited Industrial, To C-2, Nei~-hborhood Shoppix~, Declaring An Emergency, And For Other Purposes" and the ordinanc® wa® read in full. Alderman Bassett, seconded by Alderman Leggett, moved that the rala requiring tYe r®ading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor pnt the question on the adoption of the motion and the roll being called, t~.e following voted: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. Thereupox tke 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. Alderman Weis, seconded by Alderman Bowie 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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 by Alderman Rowton. Alderman Felts, seconded by Alderman Bassett, moved that the ordinance be adopted. The question was .jput by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and lasaett. No: None. Alderman Leggett, seconded by Alderman Weis, moved thaet fiection 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Felte, Leggett, Rowton, Weis, and Bassett. 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. 504. ORDINANCE N0. t AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY IN HULBERT HEIGHTS SUBDIVISION FROM M-1, LIMITED INDUSTRIAL, TO C-2, -} NEIGHBORHOOD SHOPPING, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES, WHEREAS, a petition has been filed with the Planning Commission of West Memphis, Arkansas, as provided by Ordinance No, 411 of the City of West Memphis, Arkansas; and WHEREAS, notice was duly published on the f.~ ~ day of ~..~; _.~ L1 ~' ~-- 1966, that a hearing would be held by the Planning Cozmmission on the 7th day of July, 1966, at the West Memphis City Hall calling upon interested persons to appear at such hearing and make known their objections, if any, in connection with said petition for rezoning of property herein- after described; and WHEREAS, at said meeting it was requested that the following' property located in Crittenden County, Arkansas, to-wit; The North 50 feet of lots 78, 79, 80, 81, and 82; Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, and 109; all in Hulbert Heights Subdivision to the City of West Memphis, Arkansas be rezoned from M-1, Limited,Industrial, to C-2, Neighborhood Shopping; and WHEREAS, no persons appeared to offer a protest against the rezoning of said property as requested; and WHEREAS, the Planning Commission recommended to the City Council that said rezoning be granted. NOW TrTEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: SECTION I. That the following property located in Crittenc County, Arkansas, to-wit: The North 50 feet of lots 78, 79, 80, 81, and 82; Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, and 109; all in Hulbert Heights Subdivision to the City of West Memphis, Arkansas now zoned as M-1, Limited hndustrial, be and the same is hereby rezoned as C-2, Neighborhood Shopping. ~EC`PTOD1 >rI„ A:1.1. Ordinance^, or parts o:P Ordinazu,os in conflick herew:i_t.h are hereby .repealecL ^ECTIODI III, Emergenoy Clailse: It is found and declared by the City Council of. the City of West Memphis, Crittenden County, Arkansas, that this ordinance is necessary for the growth and expansion of the City of West Memphis anal the property in gllest:ion :is in the prone ss of development and such rezoning is necessary for such development, Therefore, an emergency is l~k der_,.lared to etist and th:ls ordinance shall be in f~.111 force and i effort: from and after :its passage, approval and publication as req~.~.i.red key law. SECTION IV, A copy of this ordinance when duly cFrtified by the City Clerl: shall be subject to being filed and xecorded in the office of the Circuit Clerk and Ems-Officio Recorder ~~ w:ithin and for Crittenden C.oztnttT, Arkansas, .. 66 Recommendation of the Planning Commission to rezone Lots 1~, 18, 19, 20, Hlock 92, Oeorge T. Kendal Subdivision as a C-2 Neighborhood Shopping District was presented. Attorney J. H. Spears representing the owner of the property, Earl Cranford, informed the Council the xequeat for rezoning was made in order to enlarge and remodel his store that had been in operation at this location for mae~y years. After discussion, Alderman Rowton introduced an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of bleat Memphis, Arkansas!', and Alderman Felts read the ordinance in full. Alderman Bassett, seconded by Alderman Leggett, 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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 by Alderman Leggett. Alderman Weis, seconded by Alderman Bowie 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. The Mayor declares 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 by Alderman Rowton. Alderman Felts, seconded by Alderman Bassett, 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: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. Alderman Leggett, seconded by Alderman Weis, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. 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. 505. b 1Y ORDINANCE NO, 5R?S AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS ARKANSAS WHEREAS, Earl Odis Cranford and Pauline Cranford have petitioned The Planning Commission to re-zone and re-designate certain property herein- after described; and WHEREAS, notice was duly published on June 13, 1966, as provided by law, of a hearing to be held before the West Memphis City Plapning Commission at 5:00 p, m, on July 7, 1966, for the purpose of hearing any interested parties in connection with the re-zoning and re-designating of said lands; and WHEREAS, at said meeting on July 7, 1966, said petition was con- sidered by the Planning Commission and no persons appearing to protest said petition, 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: SECTION 1: (a) That the following described property, to-wit: Lots 17, 18, 19 and 20 in Block 92 of the George T. Kendal Subdivision in the City of West Memphis, Arkansas, be and the same is hereby re-zoned and re-designated as C-2 Neighbor- hood Shopping District. SECTION 2: 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. #~-u~-~ Mayor Eden announced the next order of business would be the opening of bide for construction of a Play Shelter in Worthington Park. The following bids were received: Frank A. Rogers Co. Inc. Heath & Scarbrough Claude Irwita Bill Manning $14,273.00 80 Days 16,120.00 120 Daya 17,776.00 - 16,000.00 9o Days ~~.~ The Mayor stated it would be necessary to hold the bids in abeyance until it could be ascertained if there will be sufficient funds available after the off-street parking and furnishing of the community centers are completed. The Council was informed the County Court of Crittenden County on June 6, 1966, had ordered the annexation of certain property where Flint Steele,Plagt is being constructed. After discussion, action off the matter of passage ,of ordinance of annexation was postponed. _i4 Mr. Boyd R. Sims appeared to request extension of permit granted January 20, 1966, pei°mitting placing a trailer in the rear of his residence at 505 Denton for his aged in-laws, who are ill. After discussion, motion was made by Alderman Bassett: That the request be delayed until the next Council meeting. The motion was seconded by Alderman Bowie. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett No: None. The Mayor explained advertisement for bids for street improvements for 7th Street and East Cooper Street had been published on July 15th in the Evening ~l~imes, and the City will do the excavation work on the streets, placement of sand and construction of curbs. The only bid received was from O'Neal Paving Company of Memphis, Tennessee, in the amount of: 7300 Sq. Yds. 8~' Soil Cement Base $1.14 per Sq. Yd. $8,322.00 7300 Sq. Yds. Dbl. Bit. Surface Seal at .55¢ per Sq. Yd. 4 015.00 7300 Sq. Yds. l~' Asphalt Concrete Surface .78¢ per Sq. Yd. 5694.00 After discussion, motion was made by Alderman Rowton: That City accept bid of O'Neal Paving Company for 1" Asphalt Concrete Surface in amount of $14,016.00. The motion was seconded by Alderman Bassett. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett No: None. Mayor Eden called the Council's attention to Ingram Boulevard becoming a main thoroughfare Hof the City, and the widening of the street is imperative, however, the property from the Levee Board to the Bayou is owned by churches and they are financially unable to purchase the 48~' pipe that would be required for proper drainage. After discussion of the costs of construction of a new bridge in the approximate amount of $14,000, pipe in the amount of $11,000, and labor of $3,500 it was the concensus of opinion that the widening of the Boulevard should be commenced by the City as soon as :possible. City Attorney W. H. Dillahunty presented the following Resolution as instructed by the Council on July 7th: RESOLUTION N0. 297 WHEREAS, P.M. (MELVIN) DACUS has served as a member of the Utility Commission since the death of his father; and. WHEREAS, during his tenure of office, P. M. (Melvin) Dacus has faithfully and diligently performed his duties as Utility Commissioner; and. WHEREAS, illness caused the untimely resignation of P. M. (Melvin) Dacus; and WHEREAS, the City of West Memphis and the citizens herein have been greatly benefited by the loyal andabvoted services of P. M. (Melvin) Dacus; NOW, THEREFORE, BE IT RESOLVED that the City Council of West Memphis, Arkansas, by this Resolution, extend sincere appreciation to P. M. (Melvin) Dacus for services rendered as a member of the Utility Commission and order that this Resolution be made a part of the official minutes of this meeting and that a certified copy thereof be delivered to P. M. (Melvin) Dacus. Replat of First Addition of Westwood Acres that was approved by the Planning Commission on July 7th was presented. The Council was informed the replat was to eliminate six lots thereby increasing the size of the remaining lots. After discussion, motion was made by Alderman Felts:. TLat the Replat of Westwood Acres be approved. The motion was seconded by Alderman Bowie, and upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. The following Petition was presented: l TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF WEST TIEMPHIS, CRITTENDEN COUNTY, ARKANSAS: ~'; PETITION TO VACATE A PORTION OF FIFTH STREET AND A PORTION OF VAN BUREN AVENUE WITHIN SOUTHCREST SUBDlUISION OF THE CITX OF WEST MEb1PHIS ARKANSAS L Comes Be11e Meade Homes, Inc., and for its petition to the Mayor and City Council of the City of West Memphis, ~: e Crittenden County, Arkansas, to vacate a portion of certain platted streets in the Southcrest Subdivision of such City as shown by a plat of record in Plat Book 1 at page 4l of the records of Crittenden County, State of Arkansas; That the petitioner is the owner of all of Blocks A, H and I as shown by said plat which constitute all of the property abutting upon that portion of Van Buren Avenue and that portion of Fifth Street in said subdivision which is herein sought to be vacated and closed and which is specifically described as follows, to-wit: All that portion of Van Buren Street lying east of the east line of Fourth Street up to the boundary of Tennison Industrial Subdivision as shown by a plat of record in Plat Book 1 at page ?.18 of the records of Crittenden County which is abutted on the north side by Lots J, ~` K and L in Block A of said subdivision and is abutted on the south side by Lots A, O, P and Q of Block H of said Southcrest Subdivision; and G All that portion of Fifth Street lying north of the north line of Jackson Avenue up to the said Tennison Industrial Subdivision as hereinabove ~: ~.., referred to and which is abutted on the west side by Lots K, L, M and N in Block H of said Southcrest p;;'' Subdivision and is abutted on the east side by Lots ~~, A, B, C and D in Block I of said Southcrest Subdivision; r, That the said portions of such streets have not actually ~,` been used b the ublic as a street for the eriod of more than ~ Y P P L , .~..: M. Nll,,~ e ..b .:fi i' II I1tI '.'. I ",, five (5) years prior to this date; that the property of this petitioner, as hereinabove s~~ted, is the only property abutting , upon that portion of Van Buren Avenue and that portion of Fifth Street hereinabove described; That a plat showing said property and the portion of Van Buren Avenue hereinabove described and the portion of Fifth Street hereinabove described is attached hereto, made a part hereof and marked Exhibit "A" hereto; that such plat is a photo- ~ copy of that portion of a plat of Southcrest Subdivision prepared in June of 1929 and which now appears of record in Plat Book 1 at page 41 of the records of Crittenden County, Arkansas, and I j that portion of the said Avenue and Street sought to be vacated ~. ~' , is marked on the said exhibit by red marking. !(~:: WIiEREFORE, petitioner prays that the City Council of € the City of West Memphis, at its next regular meeting, by resolution, fix a day for the hearing of this petition and direct the C1ty Clerk to give notice of such meeting and hearing by publi- cation as required by law and that, upon final hearing, that portion f~ of Van Buren Avenue and that portion of Fifth Street hereinabove II !~' ~. specifically described and between the lots designated be vacated, ~':! closed and abandoned and all rights of the City of West Memphis ~~ and of the public generally therein released. ;'! ~;, ~.. BELLE MEAD/E~J/y~HyOtdE/5, INC./q /(/;~'/~ President ATTEST: zaz;t~~' ~tat,~ ~~ S cretar Y - 2 - ~~ „. ' !'' After discussion of date of hearing for Petition the following Resolution was read: RESOLUTION N0. 29a WHEREAS, a petition has been filed by Belle Meade Homes, Inc., for the vacation of a portion of Van Buren Avenue and Fifth Street in Southcrest Subdivision of the City of West Memphis, Arkansas, as follows, to-wit: All that portion of Van Buren Street lying east of the east line of Fourth Street up to the boundary of Tennison Industrial Subdivision as shown by a plat of record in Plat Book 1 at page 218 of the records of Crittenden County which is abutted on the north side by Lots J, K and L in Block A of said subdivision and is abutted on the south side by Lots A, o, P and Q of Blocl: H of said Southcrest Subdivision; and All that portion of Fifth Street lying north of the north line of Jackson Avenue up to the said Tennison Industrial Subdivision as hereinabove referred to and which is abutted on the west side by Lots K, L, D1 and N in Block H of said Southcrest Subdivision and is abutted on the east side by Lots A, B, C and D in Blocl; I of said Southcrest Subdivision; and it is appropriate that a hearing be set upon the said petition and notice thereof given as required by law; NOW, THEREFORE, BE IT RESOLVED that said petition be ) 5? . heard at a meeting of the City Council to be held on the day of `J~~ fs~ri k1 Vic- 1966, and the City Clerk of the City of West Memphis be, and he is hereby, directed to give notice of such hearing by publication thereof for once each week for two (2) consecutive weeks in the Evening Times, a newspaper published in Crittenden County, Arkansas, having, a general circulation in the City of West Memphis, Arkansas. Motion was made by Alderman Bowie: That the Resolution as read be adopted. The motion was seconded by Alderman Bassett. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, Rowton, Weis, and Bassett. No: None. Alderman Leggett informed the Council of complaints he had received as to street conditions in the vicinity of 19th Street, Jackson, and Monroe. Application of Mr. Art Cleveland to place a 40 x 100 trailer at his residence while repairing the trailer was rejected. No further business being presented, the meeting was adjourned. MAYOR ATT / ~ ?- T APPROVED: AUGUST 18, 1966