March 16, 1967r~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 16TH DAY OF MARCH, 1967.
The Council of the City of West Memphis, in the County of Crittenden, State of
Arkansas, met in regular session in the City Hall in said City, at 3:00 P.M. on the
16th day of Afarch, 1967.
The meeting was called to order by the Mayor, and the roll being called there were:
Present: Bob Eden, Mayor, in the Chair, and the following named Aldermen:
R. L. Smith Pritchard Horton
F. C. Weis Kirby Leggett
0. I. Bollinger.µ Paul Matthewa
0. C. ~
Haley C. T. Rodgers
City Attorney W. H. Dillahunty.
Absent: None.
Minutes of Council Meetings on March 2nd and 9th were approved as read.
Mayor Eden introduced to the Council a new member of the Police Department
Patrolman Billy Joe Brickey, and extended congratulations to Officer Brickey as
he has received the Silver Star for Service in the Marine Corps in Vietnam.
Mayor Eden informed the Council Junior City Officials had been selected by the
DeMolays of Weat Memphis, and they will conduct a Council Meeting after adjournment
of the regular session. The Junior DeMolay officials and their DeMolay Dad, Carlos Davis,
were recognized.
Recommendation of the Planning Commission to rezone Block 11, M. L. Thompson's
Subdivision from C-5 General Commercial to M-1 Limited Industrial District was presented.
Attorney J. H. Spears representing W. H. Johnson informed the Council application had been
Piled for rezoning Mr. Johnson's three lots after he was advised a tin shop could not be
operated in a C-5 Commercial Zone, then in order to avoid spot-zoning a petition had been
signed by a number of other property owners in the block requesting the entire block be
rezoned and notice was published and hearing held on March 2nd by the Planning Commission.
Mr. Joe Garrett, a property owner in the block, appeared to protest the rezoning of the
entire block stating he had no ob3ection to Mr. Johnson operating a tin shop, however,
when he signed the Petition he did not understand the consequence of rezoning Industrial
his property. Mr. Eugene Purdom of Little Rock, former resident and owner of half of the
block directly across Thompson Street from the property under consideration, stated he had
no knowledge of the proposed rezoning until requested information from the Building Inspector
on plans to construct three stores widh twelve office spaces on the second floor, and if the
area is rezoned Industrial it will demoralize his plans. City Attorney Dillahunty advised
the Council of court decisions as to a City's authority in spot-zoning. During the discussion
of the matter it was ascertained there was no objection to the operation of a tin or metal
shop in the area if that classification could be included in a C-5 Commercial Zone, thereupon,
motion was made by Alderman Rodgers: That the City Attorney be instructed to prepare an
amendment to Ordinance No. 411 to permit sheet metal shop classification in a C-5 Zone, said
amendment to be presented at the next Council Meeting. The motion was seconded by Alderman
Leggett. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthewa, Rodgers.
No: None.
Mayor Eden brought to the Council's attention the insurance bid had been discussed at
the Special Council Meeting, but due to the matter not being included on the agenda for the
Notice of Special Meeting no action could be Taken. A report from the Committee of Aldermen
Bollinger, Hatthewa, Weis, and Rodgers was requested, and the Committee recommended that the
bid of Crittenden Insurance Company be accepted. Motion was made by Alderman Matthewa: That
bid of Crittenden Insurance Company for Workmen's Compensation, General Liability, and Auto
Comprehensive Liability be accepted. The motion was seconded by Alderman Leggett. Upon vote,
the voting was as-follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: None.
The 1966 Audit was discussed. Motion was made by Alderman Smith: That the 1966 Audit
presented by Ddge & Clinton, Certified Public Accountants be approved. The motion was
seconded by Alderman Haley. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: None.
The following letter from Southland Racing Corporation was presented:
March 14, 1967
Honorable Bob Eden
City Hall
West Memphis, Arkansas
Re: Charity Days
Southland Racing Corporation
Dear Mayor• Eden:
Senate Bill No. 332, sponsored by Senators Jones and Ingram, having previously passed
the Senate, was approved by the House of Representatives on March 8, 1967.
The Bill provides that Southland may hold two (2) Charity Days with the net proceeds
to be divided as follows: 2/3 to the Arkansas Children's Colony at Conway and 1!3 to the
City for charitable purposes. Southland and those who worked for this legislation had the
intention that this money coming to the City~~rould be used to further the needs of the Boya
Club. We feel that this worthy project deserves all the support available and sincerely
request that the City pledge the proceeds derived from these Charity Days for construction
and operation of our Boys Club.
It would be appreciated if you would present this request to the Council and it is
hoped that such request will receive a favorable reaction.
Very truly yours,
SOUTHLAND RACIN(} CORPORATION
/S/ Charles J. Upton, President
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After discussion of the estimated X18,000 that would be received by the City and other matters
pertaining to dispersing of the funds, motion was made by Alderman Weis: That the City Attorney
be requested to prepare a Resolution naming the officers of the Boy's Club, President, Vice-
, President, and Secretary-Treasurer, be the recommending body for disbursing the Charity Funds.
The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows:
Aye: Aldermen:Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: None.
Mayor Eden informed the Council an ordinance had been prepared up-dating the Planning
Commission whereby among other changes would be five members and the Mayor would be relieved
of serving as Chairman. Alderman Smith brought to the Council's attention the proposed
ordinance provides that the Commission members would be appointed by the Mayor aub~ect to the
approval of the Council. After discussion, Alderman Smith introduced the ordinance entitled:
An Ordinance To Repeal Ordinance No. 258, Adopted July 11~, 1953; Create A Planning Commission
For West Memphis, Arkansas; Prescribe Duties Of Such Commission; Declare An Emergency And For
Other Purposes" and City Attorney Dillahunty read the ordinance in full.
Alderman Leggett, seconded by Alderman-Haley, 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 wted:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: None.
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Thereupon the Mayor declared that at least two-thirds of all members of the Council having
1, voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read by City Attorney Dillahunty.
Alderman Rodgers, seconded by Alderman Bollinger then moved that the rule requiring the
reading of an ordinance in full on thi2ee different days be 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, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
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 Horton.
Alderman Matthews, seconded by Alderman Weis, 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, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: None.
Alderman Smith, seconded by Alderman Leggett, moved that Section 8, the emergency clause,
be adopted, and on roll call the following voted:
'~ Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers.
No: Nona.
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. 521. The ordinance read as follows:
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.,;; 0;1.~Ii~l~t~;c, To R,~ r:,r. ~ oI~Dllal~r?c:~ rro. 253 ,
1>7~OPT1_~:i:) JULY 14, 1953; Ck~:7]I`,TL A PLAFIDIII}G
COl-1t1ISSI0~} FGi: '.TEST FIE;I~IPHIS, P,P.F~11~iS~S;
PI:c7SC1:IB~ hUTI}?S O^ SUCH COF~IhIISSIOJ;J; J77~CLAl::
.i7~Pi-JRG?~L`iCl' fxi:~D i~ O OTIIJ,R PLJRPOS.+,S .
PI?, IT OP.i>~?Iid.?1] BY THE CITY COLhiCIL Oi~' y,i1ST 1iF~F~iPkiIS,
Section 1__• Ordinance Fvo. 258 is her.:by repealed.
fectiori_7: There is hereby crated a Planning commission
for tiro. City' ~ti-hich shall consist of five (5) -ruerrbers, with at least
two-thirds (2/3) of such commission not holding any other municipal
of:Eice or appointment e:~cept membership on the Board of I~djustment
or a joint plar:ning agency, The members of said Commission shall
be appoiirtec:i by the P4ayo.r, on the basis of their particular ~.itness
~', Eor. their duty on said Planning Commission, subject to the approval.
of the City Council.
Section 3: The live (5) appointed me;nbers shall serve
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I the :collowing terms: orrc shalt serve for a period of one (l) year;
j on~~ (1) shall serve, for a period of two (2) years; one (1) shall
1
i serve for a period of three (3) years; one (1) shz11 serve far a
~,, poriocl o:E four (4) years, and one (1) shall servo for a period of
give (5) ye:r.r_s. Therea[te.r, each appointed mornber shall serve for
a a period of five (5) years. Vacancies shall be fi11ec1 by appoint-
{ meet for unexpired Norms only.
~ Section ~: The members of the Commission shall meat,
rl organize, elect a chairman, a vice-chairman and such other officers
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as it inay .requi.re and adopt and later change or alter, rules and
' re~~u.lations of organization and procedure consistent with Ordinances
'~ oL tho Cit-1~ of '.e>t r}.emphis and laws of the State of 11r}cansas.
The Conunissi.ou shall }seep written records of its proceedings,
r~:hich sira].1 be open at all times to public inspect:ion. The Com-
' rnissiorr shall also i1E' an annual report with the rlayor and City
Council setting forth its transactions.
Seci:.iozi 5: The Planning Conunission shall have the
following pof~ers and duties:^`
(a) To prepare and reconunend to the City Council,
a cor;ipreilensive plan of public improvements, .lao]ci.ng
to t}re present and future development and growth of
the City. Such plan or plans after adoption by t11e
City Council wi11 be }crown as the official }?lap or
plans.
Such plan or plans sha11 include reasonable
recu%rements in rep°erence to streets, alleys, and
public grounds within the corporate limits and in
. contiguous territory outside of and distant not more
than live (S) Hiles of the corporate 1imi.ts.
(b) To prepare and recommend to the City Council
,'_rom time to time, such changes i_n the plan or any
part thereof as may be deemed necessary by the City
Council or by the planning Conunission.
(C) To preparc:,and recommend to the City Council
fY_om time to time plans and/or recommendations for
specific improvements in pursuance of such official
plan.
(d) To give aid to the city officials, charged
with the direction of projects Tor improvements,
embraced within the official plan, to further the
malting of such improvements.
(.e) To arrange and conduct any form of publicity
relative to its activities for the general purpose
of public understanding.
(f) Tip cooperate ~•ai.th municipal or regional pl.arurizry
cor;irnissions and oth~al: agencies or groups to further
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i=hc local planning program and to assure harmonious
and integrated planning for the area.
(g) To exercise such other powers granted by the
laws of the State.
Section 6: Following t'he adoption of an official plan
in t:he manner prescribed by law, uo map or plat ot- any subdivision
presented for record, affecting land within the jurisdiction of.
the Planning Commission, shall be entitled to record or shall be
valid unless the subdivision shall provide for streets, alleys,
and public grounds in consonnity with any requirements applicable
thereto of such official plan.
Section 7: The Planning Commission may at the discretion
of the City Council employ necessary help whose salaries, wages,
and other necessary e;;penses shall be provided for by appropria-
lions made by the City Council. If said Planning Commission shalt
deers it acs;~isable to secure technical advice or services, it may
be done upon authority from the City Council and appropriations
by the City Council therefor.
Section S: It is hereby found and declared by the City
Coui:cil that this Ordinance is immediately needed to up-date the
Planning Commission and provide for re-organization of same.
Therefore, an emergency is declared to e~;ist, and this Ordinance,
being necessary for the preservation of the public peace, health,
and safety, shall take effect and be in force from and after the
date of its passage and approval as required by law.
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Mayor Eden stated the Commission members appointed on March 2nd would
serve, and at their next meeting would draw lots for terms of office.
No further business being presented, the meeting was adjourned.
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ATTEST ~~.~
APPROVED: APRIL 6, 1967