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April 4, 1968 MINUEF,3`~ OF COUNCIL MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON APRIL 4,.1968. ._ The City Council of the City of Weat Memphis, Arkansas, met i.n regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 4th day of April, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, F. C. Weis, 0. C. Haley, and Pritchard Horton; and City Attorney R. E. Wallin. Absent: Alderman 0. I. Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meetings on March 21st and 29th were approved as read. ~. Mra. Alma Rosa appeared to request permission to locate a house trailer behind the store at 701 S. 8th Street. Mra. Ross stated she had recently purchased the store and did not know of the City's regulations ae to house trailers, but due to the illness of her husband she had to have living quarters adjacent to the store in order that she could thke care of her husband while operating the store. After discnasion of the hardship involved, motion was made by Alderman Rodgers, seconded by Alderman Matthews: That the Council instruct Building Inspector Perrine to issue temporary permit not to exceed six months for a trailer at 701 S. 8th Street. Upon vote, the voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and $orton. No: None. Mayor Eden informed the Council the Planning Commission had recommended the application of JAB Corporation for rezoning on N. 7th Street be granted. Attorney C. B. Nance, Jr. appeared on behalf of the applicant. An ordinance entitled ~!An Ordinance To Rezone Certain Property In The City Of West Memphis; Declaring An Emergency And For Other Purposes" was introduced by Alderman Weis, and City Attorney Wallin read the ordinance in full. Alderman Rodgers, 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, 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 by the City Attorney. Alderman Matthews, seconded by Alderman Haley 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, 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 by Alderman Leggett. Alderman Hmith, 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. No: None. Alderman Rodgers, seconded by Alderman Horton, moved that Section 4, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weia, Haley, 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. 556. The ordinance read as follows: ORDINANCE N0. 556 AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS: DECLARING AN EMERGENCY AND FOR OTRER PURPOSES. WHEREAS, ars application was made to the Planning Commission of the City of West Memphis as provided by Ordinance No. 411 of the City of Weat Memphis for rezoning certain property within the City; and WHEREAS, notice was duly published on the 13th day of March, 1968, that a hearing would be held by the Planning Commission at 5:00 o'clock P.M. on the 3rd day of April, 1968, and at said meeting and by the application previously aubmltted it was requested that the following property be rezoned General Commercial District (C-5) instead of Single-Family Residence District: ' Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, Block 34 in the extension to M. L. Thompaon'e First Subdivision to the City of Weat Memphis, Crittenden County, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested; and .. WHEREAS, the Planning Commission of the City of Weat Memphis recommended that said rezoning petition„be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. That the following property now zoned as Single-Family Residence District be, and the same is hereby, rezoned as General Commercial District (C-5): Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, Block 34 in the extension to M. L. Thompson': First Subdivision to the City of West Memphis, Crittenden County, Arkansas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk shall be aub~ect to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 4. 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; there8re, an emergency is hereby declared to exist, and, this ordinance shall be in full force and effect from and after its passage and approval. Recommendation of the Planning Commission that rezoning application of John and Clara Roach be granted was considered. Attorney C. B. Nance informed the Council he had contacted the other property owners in the block, and they consented to the rezoning, but did not want their property rezoned. After discussion, an ordinance entitled "An Ordinance To Rezone Certain Property In The City Of Weat Memphis; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and City Attorney R. E. Wallin read the ordinance in full. Alderman Leggett, seconded by Alderman Haley, moved that the rule requiring the reading oY 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: Ayes Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, 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 auapend the rule, the motion was carried and the rule auapended. The ordinance was then read by the City Attorney. Alderman Matthews, seconded by Alderman Horton then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended Ind 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: Leggett, M#,thewa, Rodgers, Smith, Weia, Haley, and Horton. Nos None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to auapend the rule, the motion was carried and the rule auapended. The ordinance was then read by the City Attorney. Alderman Rodgers, 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: Ayes Aldermen: Leggett, Matthews, Rodgers, Smith, Weie, Haley, and Horton. No: None. Alderman Smith, seconded by Alderman Leggett, moved that Section 4, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weie, Haley, and Horton. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, whidi was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 557. The ordinance read as follows: ORDINANCE N0. 557 AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, an application was made to the Planning Commission of the City of West Memphis as provided by Ordinance No. 411 of the City of West Memphis for rezoning certain property within the City; and WHEREAS, notice was duly published on the 29th day of February, 1968, that a hearing would be held by the Planning Commission at 5:00 o'clock P.M. on the 3rd day of April, 1968, and at said meeting and by the application previously submitted it was requested that the following property be rezoned Multiple-Family Residence District (RM1) instead of General Commercial District (C-$): hots 21, 22, 23, 24, 29, 30, 31 ,32, 33, 34, 35 and 36, Block 165 of the George T. Kendal Subdivision to the City of Weat Memphis, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested; and WHEREAS, the Planning Commission of the City of Weat Memphis recommended that said rezoning petition be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. That the following property now zoned as General Commercial District (C-5) be, and the same is hereby, rezoned as Multiple-Family Residence District (RM1): Lots 21, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35 and 36, Block 165 of the George T. Kendal Subdivision to the City of West Memphis, Arkansas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be aub3ect to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 4. 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 Weat 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. Mayor Eden announced Notice of Hearing to close the alley extending through a portion of Block 165, Kendal Subdivision had been published in the Evening Times on March 12th and 19th. No one appeared to object, however, letter from the Utility Commission to the Planning Commission was read as follows: West Memphis Planning Commission Re: Closing of 10' Alley Between S. 19th and S. 20th at Broadway Gentlemen: The West Memphis Utility Commission has a power line serving four customers in the alley described. The alley was dedicated for the purpose of installing utilities and this is the logical way to serve the customers at this time. At~y relocation would be costly and would require other easements. For these reasons we recommend that the request for closing the alley be denied. Yours very truly, 0. P. JOHNSON Engineer for the Commission Attorney C. B. Nance, Jr. on behalf of the petitioners presented the following letter: April 4, 1968 City Council City of West Memphis West Memphis, Arkansas Gentlemen: On behalf of John L. Roach and Clara Roach, we have filed an application to the City of Weat Memphis to close an alley extending through the center of a ~prtion of Block 1'S of the George T. Kendal Subdivision to the City of West Memphis. Under the provisions of the Arkansas Statutes, it is necessary to obtain the consent of all of the abutting owners. We have obtained the consent of all of the owners with the exception of Phillips Petroleum Company. This consent is being processed by that Company now. There has been some objection raised by the Utility Commission concerning the vacating of this alley, which we believe is unfounded. Although the petition refers to the vacating of the alley in accordance with the Statute, if this petition is approved, an easement will be retained by the City in the ordinance permitting the ingress and egress of the City for the purpose of utilities. The vacating of this alley will in no way obstruct the use of this property by the Citp as it is being used at the present time. I am enclosing a copy of the plat of Block 165 showing the alley to be vacated which is indicated in red on the plat. On behalf of my clients, I would appreciate it if the City would approve the vacating of this alley, aub~ect to the filing of the consent of Phillips Petroleum Company, and retaining the easement for utility purposes. Very truly yours, NANCE, NANCE & FLEMING BY: /S/ CECIL B. NANCE, JR. The Council was informed the Planning Commission had taken no action on the matter as statutory procedural requirements provide the hearing be conducted by the Council. After discussion, motion was made by Alderman Matthews, seconded by Alderman Weis: That the Council approve vacating the Alley extending through a portion of Block 165, Kendal Subdivision aub~ect to filing of consent of property owners, and retaining easement for utility purposes when the ordinance is presented. Upon vote, the voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. Nos None. Attorney Ralph Sloan informed the Council Clement and Norfleet have requested 9.50 scree in the Holiday Gardena Extension area be rezoned ae RM-1 in order to construct 100 apartment unite, the area is outside the City Limits, but within the City's planning ~nriadiction. Mr. Sloan on behalf of the developers presented plane for the apartments to be rented to families with children. Mr. Sloan stated the Engineer for the developer, C. H. Bond, Jr., had conferred with Mr. Charles Hampton of the City's Engineering Department and Mr. Pat Johnson of the Utility Commission in order to meet the requirements of the Planning Commission recommendation for the rezoning. After discussion, an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of West Memphis, Arkansas" was introduced by Alderman Weis, and City Attorney Wallin read the ordinance in full. Alderman Rodgers, 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, 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 by the City Attorney. Alderman Matthews, seconded by Alderman Haley 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Hor~p~1/. 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 Leggett. Alderman Leggett, seconded by Alderman Smith, 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: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. No: Non®. Alderman Weie, seconded by Alderman Rodgers, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, 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. 558. The ordinance read as follows: ORDINANCE N0. 558 AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARXANSAS WHEREAS, Clement and Norfleet has petitioned the Planning Commission to re-zone and re-designate certain property hereinafter described; and WHEREAS, notice was duly published on March 111, 1968, as provided by law, of a hearing to be held before the bleat Memphis City Planning Commission at 5:00 p.m. on April 3, 1968, 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 April 3, 1968, said petition was considered by the Planning Commission and no persons appearing bo protest the same, the Planning Commission recommended to the City Council that said petition be granted: NOW, THEREFORE: a. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: (a) That the following described property, to wit: A lot lying in the NE~ of Section 7, Township 6 North, Range 9 Eaat, Crittenden County, Arkansas, and being more particularly described as: Beginning at a point on the north boundary line of said Section 7, which is 690.0 feet East of the North ~ Section corner of said Section 7, thence Eaat along the North boundary of said Section 7 a distance of 650.0 feet, thence south 111 degrees 33 minutes 111 seconds bleat 785.06 feet, thence bleat parallel with the North boundary of said Section 7 a distance of 1138.57 feet; thence North 1 degree 011 minutes bleat 760.0 feet to the point of beginning, containing 9.50 acres, more or less, be and the same is hereby re-zoned and re-designated as RM-1, Multiple Family Residence District. SECTION II: 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 Ordinadce is in the interest of the public peace, health, safety and welfare of the citizens of bleat 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. The following letter from Arkansas Pollution Control Commission was reads March 26, 1968 Honorable Bob Eden, Mayor City of bleat Memphis City Hall West Memphis, Arkansas 72301 Re: WPC-Ark-255 bleat Memphis Dear Mayor Eden: We have been advised by the Federal Water Pollution Control Administration that they are now processing your request for PL660 grant funds. As previously stated, this grant is being made contingent on the Fact that the city will upgrade its treatment facilities, within a reasonable time, to conform with the Arkansas Water Quality Standards, which provide for a minimum of secondary treatment. We have been advised that the City is financially unable to undertake the additional work at this time, therefore a modification of the original abatement schedule can be Ranted, as follows: Submission of PL660 Application - January 30, 1970 Financing, Plans & Specifications Completed - February 1, 1971 Start of Construction - May 30, 1971 Completion of Construction - December 31, 1972 We feel the above schedule will be amenable to all parties concerned as it allows ample time for all phases of the project to be executed. While there may be time variances in any of the individual steps, it should be strongly emphasized that the deadline for project completion is firmly fixed as this is the ma~[imum all-owed under existing regulations. In view of this, it is extremely doubtful that any extension of time past December 31, 1972 would be allowed the city by either this office or the Federal Water Pollution Control Administration. Please acknowledge receipt of this letter and advise ua of your willingness to comply with the above schedule, and contact us should you have any questions relative to this matter. Yours very truly, /S/ S. LADD DAPIES Director SLD:ab cc: Fed. Water Pollution Control Admn. Albert Switzer & Associates 291 After diacuaaion, motion was made by Alderman Smith, seconded by Alderman Haleys That the Mayor be authorised to notify the Arkansas Pollution Control Commission the City will conform to procedures as set out in the letter. Upon vote, the voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. Nay: None. Mayor Eden reported on trip to Fort Worth to confer with Urban Renewal Agency officials, and stated the City's application had been completed and accepted with a high priority, however, it may be some time before receive money due `Co shortage of Federal Funds. The following resolution of the Urban Renewal Agency was read: A RESOLUTION CALLIN(} FOR THE TERMINATION OF THOMAS (}. SEABROOR AND (FASSNER, NATHAN, BROWNE AND SEABROOR AS PLANNERS RESOLVED, by the Urban Renewal Agency of the City of West Memphis, Arkansas, that, the Urban Renewal Agency of the City of West Memphis, Arkansas, ask the City Council of the City of West Memphis, Arkansas, to terminate Thomas (}. Seabrook and hie firm, Oasener, Nathan, Browne and Seabrook, as planners for the Agency, effective immediately, and further resolve that Lindsey J. Fairley, attorney for the Agency, advise the Mayor by letter of this resolution. /S/ B. B. MCCARLEY, CHAIRMAN ATTEST: /S/ JAMES BLEDSOE, SECRETARY After diacuaaion, motion was made by Alderman Smith, seconded by Alderman Leggett: That the City of Weat Memphis terminate contract with (3aasner, Nathan, Browne and Seabrook. Upon vote, the voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. Nay: None. The Council was informed Mr. Bobby Sanders is continuing hie work of survey of houses. Mayor Eden announced the next order of business xould be receiving of bids for two pick-up trucks as per Notice published in the Evening Times on March 15th. The trucks are to be used by Charles Hampton and Hollis Warren of the Street Department. The bide received were as follows: Chalmers Buick Co. We herexith submit our bid on two (2) 1968 (}MC ~ ton pickups as per your apecificationa: Selling price per unit 1877.98 freight per unit 80.25 ~~ optional - air conditioner 295.27 Our bid on 2 pickups without air conditioners $3916.l~6. The federal excise tax is not included in this bid. Yours truly, Chalmers Buick Co. /S/ ROBERT 0. MORRISON McCaa Chevrolet Company We are pleased to submit our bid on the following unite: 2 - New 1968 Chevrolet ~ Ton Stepaide pickup trucks equipped as follows: Big 6" Engine -• Custom Cab Standard Transmission Power Steering Power Brakes Your Coat $2615.60 each Less Federal Tax 169.00 each Your net Cost ~ each Factory Air Cond. 293.89 each Total with Air 7~ 70 each We appreciate this opportunity to bid for your valued business. Yours truly, McCaa Chevrolet Company /S/ McCaa Chevrolet Co. J. C. McCaa, Jr. ~~91 BOB MORROW FORD SALES, INC. We would like to take this opportunity to submit our bid on the following unite. 2- New 1968 Ford ~ Ton pickup trucks equipped as follows: 300 cu in 6 cyl engine Standard Transmission Power Steering Power Brakes Air Conditioning Custom Cab Freight Your Coat $2849.12 eactr- Thanking you for this opportunity, I remain, Sincerely yours, /S/ d. L. LOFTIN Credit Manager After consideration of the bids, motion was made by Alderman Weie, seconded by Alderman Matthews: That the low bid of Chalmers Buick Company including air conditioners be accepted. The voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. No: None. Mayor Eden recommended the appointment of Jim Fall to the Park Commission to fill the unexpired term of Dr. James Buffington. Motion was made by Alderman Matthews, seconded by Alderman Leggett: That appointment of Jim Fall to the Park Commission be confirmed. Upon vote, the voting was as follows: Ayes Aldermen: Leggett, Matthexa, Rodgers, Smith, Weis, Haley, and Horton. No: None. Copies of the 1967 pity Audit having been previously distributed to the Aldermen, Mayor Eden requested questions on the Audit. Thereupon, motion was made by Alderman Haley, seconded by Alderman Matthews: That the Audit be accepted. The voting was as follows: Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton. No: None. Alderman Rodgers commented on the water on S. 13th Street from the Morrow truck lot wash rack. Charles Hampton stated there is only surface drainage from 14th to 7th Street, however, the truck sales is being moved to S. 18th Street thereby eliminating the problem. Alderman Smith requested a grant be obtained from the Utility Commission for financial asaiatance to construct the proposed stage at the Eugene Woods Civic Center. Elimination of one of the ballfielda if the Civic Center is e~dended for a sage, a survey to ascertain the number of times a stage will be used, and funds available were diacuased. City Attorney Wallin was requested to secure information as to the legality of sale of the $20,000 annual installment note payable in eight annual installments bearing 4~ interest assigned by Eugene Woods, Sr. to the City for use of the Eugene Woods Civic Center.' Mayor Eden informed the Council the bide received by the Airport Commission for construction of parallel taxi strip were in excess of the funds available, however, a special meeting of the Council may be called after negotiations on the matter. No further business being presented, the meeting was adjourned. ., ,. ~~ /~ '°~ ~__-.,~ ATTEST•... CI ERK APPROVED: