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September 15, 1953~5 MINUTFa OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST ~IF2dPHIS, ARKANSAS HAD AND:.HELD QN SEP?.TEMBER 15TH, .1953...:.. _.: _ __ The Council of the City of West Memphis met in a regular session at the City Hall in said City at 7;30 p.M. on the 15th day of geptember, 1953• The meeting was called to order by the Mayor, and the roll being called, there were: Present; Mayor W. B. Fordyce presiding and the following Aldermen; James Bledsoe, p. I. Bollinger, John Burrow, Freeman Finley, Curtis Foster, P. B. powers, and C• H. Rowton; City Attorney Atlee Harris and City Clerk }y. R. Seaton. Absent; Alderman A• R. ;,ianchester. It being determined a quorwn was present, the following proceedings were had to-w i t:~ Minutes of Council Meetings on September 2nd and 8th were read and approved. Mayor Fordyce announced that tire promoters of Wendall Plomes had requested a Special Meeting of the planning Commission, thereupon, a joint meeting of the planning Commission and Council would be held. The roll being called, the following members of the Planning Commission we re pre rent: H. E. Manning, G• G. Kietzman, Vic Foley, Howard Stotts, Cecil Edmonds, W. E. Harris., Levy O~Dryant, and Aubrey Spears, 0. I. Bollinger. Absent; p. Pd. Dacus, yY.g. Ingram, R.R: Rgorley, E.J. White, FL H. Ijyman. Mayor Fordyce informed the Council he had invited bir. Charles Bowers, Industrial Engineer for the West Memphis Industrial Council to meet with the Council and explain the reason for request that an area be detached from the City for a proposed tank farm and present any other infox•m ation he might have on the project. Mr. Bowers gave a resume of the efforts of the Industrial Council to obtain the tank farm. Also, stated the Sun Ray Oil Company of Oklahoma was the parent firm and the pipe ,line would be constructed from Cklahoma terminating at the bank of Pississippi River; the oil would be then shipped by barge, rail, and motor transport; and the project would be twice as large as the tank farm at Helena, and that it would meet all the requirements of the City, State, and County but rras advisable to be located out of the City Limits. Mr. Abbott Widdecombe, owner of the property, was present and discussed the project with members of the Council. Thereupon, the follo~ing petition xas presented by Attorney J• A. Fogleman; PETITION TO VACATE STREETS TO THE HONORABLE P.IAYOR AND CITY COUNCIL OF THE CITY OF YuEST MEMPHIS, ARKANSAS: Comes William L. Johnsonpo., Inc., being the ovrners of property abutting upon certain streets hereinafter particularly described and, petitioning the honorable City Council of the City'of West P,iemphis, Arkansas, state: That the petitioner eras the ovrner of all property which is now described as George T. Kendal Sece and Addition to }"lest I„emphis, Arkansas, and numerous other lands adjoining said A ddition; that the said y7illiam L. Johnson Co., Inc., caused the tract of land comprising said Geo. T• Kendal Second Ad- dition to be platted into lots and blocks and caused such plat to be filed for record, as provided by law, and that said plat now appears of record in plat Book 1 at page 258 of the r ecords of Crit- tenden County, Arkansas; that certain streets and avenues Irnovrn as Y/ashington Avenue, Arkansa> Ave- nue, Central Avenue, Mississippi Avernae, jputh Third ut,reet, Soutl-~ Fourth ;street, South Fift;x Street, and South Sixth Street were shown on such plat; that portions of said streets ha92e not been actually used by the public as streets for more than five years prior to this date; that such portions of said streets are specifically described as follows, to-wit: tiYASliltdGTON AVENUE west of a perpendicular to the North line thereof at the point where the North and South center line of Section Nineteen (19) in Township Six (6) North, Range Nine (9) East intersects said North line of YYashington Avenue; ALL of A ~KAN~AS A JEIdUE) ALL of MISSISSIPPI AVENUE; ALL OF CENTRAL AVENUE; ALL of SOUTH THIRD STREET; ALL of SOUTH FOUR1'Ei STREET; ALL of SOUTII FIF'TIP STREET; and ALL of SOUTH SIXTIi STRL'ET. That the property abutting upon the portions of the streets hereinabove described is described as follotivs, to-vri_t; LOTS BLOCK 13 to 45, both inclusive 1 1 to 40 , both inclusive 2 12 to 40, both inclusive 3 43 3 1 4 7 to 15, both inclusive ~ 1 to 25, both inclusive 6 1 to 27, both inclusive l to 34, both. inclusive 8 1 to 41, both inclusive 1 to 32, both inclusive 9 ~~ That there is attached hereto as exhibit nA„ a photostatic copy of those portions of the ;plat heretofore filed in the office of the County gecorder showing the streets and portions thereof to be vacated together vrith the lot and blocl~ nwnbe;r of each lot which abuts upon those portions of the streets to be vacated. That the petitioner is the o}mer of all the abutting property''. WIIEREFOItE, the petitioners pray that the City Cotmcil of the City of l'Jest I;Ieml~his, at its nett regular or special meeting,, by resolution, fix a day for the hearirtl; of this petition and direct the City Clerk to give notice of such meeting as required by laa and that upon final hearing the streets and portions of streets hereabove specifically described be vacs#,ed and abandoned and all rights of the City of West Memphis and of the public generall}~ therein released. 1YILLI~IM L. JOIIIISON CO., INC. BY: /s/ Abbott 1"Iiddicombe k~resident Aftar d.iscu,^sion, re>o!_ution was introduced in writing and road :in fu17.. by Al.~der'man Ble,#sne. who trroved its adoption, motion was seconded by Alderman Rowton. :rx,~l spun vote, the Al.de,:°men voted: 95~: }3:Ledsoe, Boalinger.•, B>u•r°oea. Finley, Foster.,, Frwer.~s, amI i2 ow+.on. Nay• None. F~Si!LU ~'7r~Iq t~rTfs'}thAS, a pe tition leas been £i_lerl by UTiI l Tarn L. Johnson Co. , Inc. , for the: vacs lion of Cents°a]_ Avenue. South Third ~Oreet~, Sough Fo~.ui;h Street, So~.,th Fi£th Street, South Sixth Street and Arkansas AvenuF~ and A19ssiss~~~pi Avenue and portinn> or Washington Avenue in the Geo. T. Kendal. Second Addition. to the City o:f [Jest. ?'I~~'mph:is, Arhansa,>. kIOW, '1'III Ri;h'ORfs~ Be it resole^d that said poi,i~t.i_on be heard at a sitt,in~: of th~~ G=ity Coimc:il_ t~o be held nn the 6i;h da~~ of October. , 1-`''~3, and the City Clerk be and he is hereby directer9. to give notice of such hearing by pr.rbl.,i_cati~ni once every week for ttao consecutive weeks in sornr• newspaper publishe~7. in C,ritt;enden Counl;y. Arkansas, and having a p~r?neral circul.at:ion in the City of rnTest I`lemhlris, Arkansas. ~ "~ Mayor Fordyce informed. the Counci7_ ghat the Pla.nnin~; Cornmission harl rnet ou c~ept~~:be.r 10th. and excerpts .fi°orn the min>i.tes oP ~I,he meeting wore read. Re connnrxha.t;ion oi' t;he Pl_anrring Cmm~rissi.n.n to approve flat of Avalon Heights Addition was discussed, ar.1d motion made by Alderman Fower.s and seconded by Alder~n.~n T'nstAr:- That the Flat of Avalon~Ileights Addition to West P~Iemphis, Arkansas, in the I~~ of the >`Pn~': of ~~ee. 1'2, i'i~,?~T, rtHE, Ci°ttenden County~~. Arkansas. be approvr-,d. Upon vote, t},e !i:h_lnrmen voted: Aye: Bledsoe, Bol.linget,, Burrow, Finley, Poster, Fowa-:~s, and Rolston. blav: None. Re c~mmen~.lai;ion o.f the z'lanning Cnrmni.ss ~~n to approve Re-Subdivision of lots in Gibson Subd:ivisi.on provi.dr ~I elsranenta be granted on lots 2 L and 22 was di sr;ussed. A plat shor~J:ing the _ ?asemenLs provided. was Arc.~ent,ed, and after discussion motion was made by A]_derrnan BolliyZger, and. secornde,i b~y Alderruan Blcv9~;oe: 'that the Re-subd__vision of i,ets 7.5, 1'7. lt'~, 1.9. 20 21., 22, 23, 2la, 25. 26, 2"j, and 28 of the Gibson Suh%}~visiorr, West:, r,arrphis, Arkanss.^. In thr, NtrT~, of Section 12, 'PSN, R81,, Crittenden County, ~rhzulsas, be approved. Upon vote, the Al_rlernrr~n voted: A,ye: Bledsoe, >=tolli_ngcr. Burr.,o~a, Finley, Fostar~, Fowei~s, and i?or~rton. ?,Iay: II^ne . llr. Robert Fa-1l;s o:" Taenda:Il. llornes was pr sent aar.d ad.v.i_sed th~~t an error had been ma~:}e .in p~Ia.tinp, the contour 01' the land. in the pla.i~, subraittr;d to the >,lanning Conmrlssion on Septe-mber.• 10th, and segues±,e~l that tl,e p1-21; be withlrat~n~i arm. anoL-her plat bo suh~,,, r.trrd. 11a7ror• Ford,y~ce <=ta.ted the Pl~nrri_ng ~',~r~~nis-;9on would ne in se~ssirn t,o consirler:^ the roqu~est. Thereupon, Ccarr,,,issioner. Iiiei,zman made a, mot9_on seconded by ~ oi~Irrissioner Foley to approve the request, n£ Weru9al_l Hwnes to wi.thdrr~iw plat o.f Re-subd~i.vision o-° Bloch ~rl~, ~~, lir_, 5 ~-~;, and 5'T of the Geo. T. Kendal Addition to We^t P'p=mphis, Arkan~a_s, and subnu_t plat. o£ Subdivision of Bloc}cs ltl.t, 4r. 1,6, 5'~, 5~~, arui 57 <,f said Subd~ vi.s~icn. Upon vote the Cor,rrissioners voted: Aye: Manning, Ki.et?rncuz, Foley, Stoti.s, F~~?ncn~Ls,. Ilarri.s, Or .,;ant. Shears, and ~oLl.~~nger. 'deny: tilone . Thereupon. details pertaisrirrtr to the plat and. proposed hor.rsing projec'; were explained by i'Ir. F'aLis. htr. A. rn~idd.i.comb. Attorney J. II, ~~pea:rs, anr} EnP,irreer C. H. Bond, Jr.. The request, to have the area °oned. "A° :intrle fa:ni.ly res_i_dence d~_strict for minority housing was made. Tt was bs•ou.ght to the Oounci_l~s a tent ion that appro,cinrately 50 rei_sden±~s of. the vicinity o£ tk~re prr,pns<„I housing p,ioje~ct wore prr,en+, and desiJ~ed to be he~~;3_ on the matter, Thei•eupnn, i;he follo:ri_np, c.i_i.~a~ns _,~~r'.d. the;i:r objections to the Pr~~~ec, a_, Fre;rznl;erl_: 6J, hI. Rains - '721_ S. 9th J. Sanders - 7~~7 S. 3rd. Sara Derrick - flb S. nth ,'. Iti.n~ - 71 ~ S. 8th ~~) . _ __ -:_ - _. -- ~_ ___.._r_: .. :~- -- T _.._~.-~ _. ~_: Player Fordyce advised he desired to make a statement on the matter as a citizen rather than as Alayor, and requested that a Mayor Pro Tempore be elected, P•lotion was made by Ald~rrnan Bollinger and seconded by Alderman Foster: That Alderman C. H. Rowton be elected Mayor Pro Tempore. Upon the matter being called to vote, the Aldermen voted; ' Aye: Bledsoe, Bollinger, Burrow. Finley, Foster, and Potaers. Nay: None. Mayor Fordyce stated his objections to the Wendell Homes for minority housing, and pointed out to those present that the clieckerboarding of white and colored areas wou)_d be a detriment to the welfare o+' all the citizens, white and colored, also he would consider it very poor city p7_anrr:ing. Mayor Pro Tempore Rowton called a recess for the Planning Commi.~n to meet in private session and later present their recommendation to the Council. Aldermen Bollinger requested permission to be absent from the remainder of the meeting, and the request was granted. Mayor Fordyce returned to the Chair, and informed the Council that the Trusteers of the Firemenrs Relief & Pension Fund. at their meeting on September 7, 1953, authorized 25,000.00 for a U, S. Treasury bond as the Fund had received tax turnback from fire insurance written in the City and according to law part of the money could be-used for purchase of Government bonds. After discussion, motion was made by Alderman Rowton and seconded by Alderman Fowers: That the Treasra_rer and City Clerk be authorized, directed, and instructed to invest ~,p5,000 in a U. S. Treasury bond. Upon vote, the Aldermen voted: Aye: Bledsoe, Burrow, Finle;~, Foster, Fotaers, and Rowton. 11ay; Plone. The Notice of Hearing on this date for rezoning Lots 19 - 3~~ inclusive in Block 11x9 and Tots 1 - 35 inclusive in Block 1.50 of the George T. TCendal Addition published on August 20, 1953, was read, and P4ayor Fordyce announced the meeting was now open to hear any objections to the proposed rezoning. Thereupon, objections were stated by I7r. and Hrs. R. L. Shelton, PIr.. and PIrs. C. I„ Dozier, and Mrs. R: L. Shelton in behalf of her brother E. C, Johnson, who was unable to be present; al ]_ objectors 7_iving in the vicinity of the property to be rezoned.. P1o one appeared in behalf of the rezoning. After discussion motion was made by Aicicrrnan Fowers and seconded by Alderman Burrow: That the recormmendation o.f the Plaruring Commission to rezone Lots 1° - 35 incl.us9.ve in B]_ocl; 1la9 and Lots 1 - 35 inclusive in Block 150 of the George T. Kendal Ad.dit'~on be rejected. TJpon vote, the Aldermen voted: Aye: Bledsoe, B,.zrrow, Finley, Foster, Powers, and Rowton. Nay: Hone. Plotice to rezone Lots 1 to 7I1 inclusive and Lots 19 to 25 inclusive in Block h and a tract of land designated as "reserved" all in Thompsonrs 2nd Addition was read, said notice having been published on August 20, 1953, and setting date of hearing for September 15, 1953. Mayor Fordyce requested anyone objection to said rezoning to make lmown their objections, and no one appearing to do so; mo~ion was made by Alderman Bledsoe and seconded. by Alderman Power>: That arclinance be prepared. for rezoninga, Lots 1 to 1l.r inclusive and Dots 19 to 25 inclusive in Block !~ and a tract, of land designated as "Reserved" all in Thompsonrs 2nd Addition From °B" Two Family Residence District to "D" Commercial District. Thereupon. an ordinance entitled "An Ordinance To Amend Ordinance No. 165 Passed and Approved on the 21st day of .April, 19Lt9, was introduced in writing and read irz full by Alderman Pas ter, who moved that the first reading be approved. The motion was seconded by Alderman Burrow, and upon vote, the Aldermen voted: Aye: Bledsoe, Burrow, Finley, Foster, Powex•s, and Rowton. Nay: None. An ordinance creating a Sewer Commission was read by the City Attorney. Due to the appointment of five commissioners, the ordinance was taken under consideration unti7_ the commissioners are appointed. The Planning Commission having reached 'a decision returned to the Council meeting and Mayor Fro Tempore Rowton again pre>ided.. Temporary Chairman of the Planning Commission. adv9.sed that the proceedings of the meeting wou7_d be presented by A. V. Spears, temporary secretary. The following minutes were read: Motion was made by Commissioner Spear and seconded by Commissioner Harris that H. E. i~L~xzning be elected Special Chairman. Upon vote, the following voted: Aye: ?tietzrr.~ui, Foley. Stotts. Edmonds, Harris, OrBryant, and. ;Spears. Dlay: None. - The plat of Wendali-Homes Subdivision was submitted, and request that the ax•ea-be zoned "A" single f~unily for minority housing. After discussion, motion was made by Commmissioner O~Bryant and seconded by Commissioner Foley: i'hat the Flanni.ng Comrni.ssion recommend to the Council approval of the plat and the area he zcned "A" single family residence district for minority housing. Upon vote, the follot~ring voted: Aye: I'oley, Stotts, OfBryant. and Spears. Play: Kietzman, Eci,nonds, and IIari~is. The Temporary Chairman declared the motion duly carried. I{lotion was made bI~ Commissioner Stotts anti seconded b~~ Ca,runissioner Barris to adjourn the meeting, upon vote the Cormnissioners voted: Aye: I'ietzman, Fo7_ey, Stotts, Edmonds, Harris, O'Bryant, and Spears, Nay: None. After discussion cf the recommendation o£ the Planning Commission, T4ayor Pro Tempore Howton stated. it would be necessary to set, a date for hearing on the matter. Thereupon, motion was made by A7.de-r,nan Finley and seconded by Alderman Powers : That Notice of Ilearint; on Zoning Wendell Homes :For "A" single fami.7_y residence district for minority housing be published. and date of hearing be set fcr 7;30 P.II. October ~, 1953. Upon vote, the Aldermen voted: Aye: Bledsoe, Bur•roo-r, Finley, Foster, and Powers. Nay: None. Ifayor Fordyce again presided. T1r. G. t~1. P4cAuley was present, and presented the following Petition: FIr;TI'PION West.P~iemphis, Ark. September 15, 1953. To the Honorable I=iayor, and Board of Aldermen of the City of West Prlemph.s, Ark. We as residents and taxpayers of the City of West Temphis, whose names are attached hereto, hereby request that a new and sepax•ate b7ard be established embracing al7_ that part of the city lying North and 'vlest of Ten P4ile Bayou and extending in these directions to the present city li_mi.ts: Paul E. Miller 1901 I•icAuley Dr. 5. Harriet H. Miller " C. W. P°:ooney 1y0~ " Evelyn. J. Piassey C. D. Byrd 1805 " Ivlrs. C. D. Byrd " Mr. and P4x•s. E. G. LaCroix 15n1 " T~s•. anci Mrs. W. B. Cooper 501 18th Street P~s. and I•Ix•s. B. Taylor 1813 P~IcAuley Drive S. Mr. anii Mrs. H. D. Baker501 Julia Lin. and I~Sx•s. J. W. Brannon 197.3 S. P'IcAuley Drive; P?r. and Ilrs. W. t1. Seytnond, Jr. 505 Julia P•Ir. and I~lrs. E. Frice 528 McAuley Drive B. Mr. and Nlrs. L. P. Hu>_table 517 II. 18th Street I~Ir. and P~irs. J. C. Wil7_i.s 7.901; McAuley Drive S. Tins Harry L. Gish, Jr. 1515 " Harry L. Gish; Jr. " E. L. i7uVall 1921 McAuley Dr. S. t}rs. E. L. Duvall " Jane Duvall " E. ~. Davenport 55~I Julia St. Bea Davenport P4rs. Stella Skipper 1905 Scottwood C. Hasket 552 Rosemary ~rT. ~. Thomas 60~ I~~IcCauley Mrs. Lt^1. G. Thomas " Walter P. Hoskins 533 McAuley I~h•s. Walter P. Hoskins " Robbie Murphy 520 McAuley E. W. E. Kilpatricl: 1:0~ PlcAuley Dr. E. tu~•s. t'1. E. hilpatricl~_ " D. L. Duvall 1921 McAuley Dr. S. Cecil 0. Ilillex' 537 II. 18th Minnie L. IIil7_er 537 " ITr•s. Eugene Parks 532 Julia St. Eugene Parks „ H. J. Wi17.iams, Sr. 516 Ju].i.a P•Iiss Caroly J. ~i1:i.l7.i.a,n " PTrs. H. J. Williams " H. A . Lax•rmney 508 McAulsey I'ii s. II. A. Larmey " Raymond JefFords 551 IQ. 18th. P~ s. R. Jeff ords " Charles Y. Avent 1512 PlcAuley Dr. ~. I~i1~s. Helen Avent I~ll~s. J. T. Will.iarns 521 Rosemary Ave. James T. t~Jil.liams " Alrs. Geo. Zirkle 400 PZcAuley Dr. E. George D. Zirltle " Ed Dearen 701 I1cP.uley Dr. E. G. td. P~icAuley 512 Ingram t~hn. J. Georger 200l~ S. Twist T•1rs. 6J. J. Georger " Robert C. Bowie Lr.l2 Ingram Ruth L. Bowie " Emme L- t J. hiller oOL, Ingram itay PIcI~night 191b Barton i). H. Brotming 18C1r Berson r1rs. D. H. Browning I'rs. R. J. Pohl 7.501 Barton Ralph J. Poh7_ " James ';. Mimes 61~:~ P-IcAuley I•Irs. James E. Himes " Firs. J. I. Strawbridge cl7 i4cAuley I)r. E Ja~,es Stra~,rbridge " Gene t°~t. McAuley ~_~00 Ingrruun I31vd. Pxs. G. f1. T•IcAuley 512 Ingram Blvd. J. A. Anderson 513 McAuley Dr. B. t~d. Moss 1805 Barton Ave. E Vera L. I~1oss 1805 " PIrs. Louise Crofton 520 Julia St. Jet~rel Crofton " C. H. Speaks 1929 :McAuley S. Frances Sneaks 1929 " H. C. Buster 538 Ju].ia Is H. C. Dua~,s*, J " G. D. Stevenson. 51r;% Julia Iir. and I"ss. J, t~Ihatley 780& Scottwood Jack Standibord, Jr. 1920 " Plrs. Jac';: Standford, Jr Ts. and Fss. H. H. Hollo way 613 McAuley E. James H. Harris 521 McAule~T;;. } Iontra Ha;: r is " Mrs. B. W. Bolton r27 ?tosemary Bernie Bolton ~~ J. D. Carter 1920 PTcAuley Dr. S. ?v1rs. J. D, Carter n W. R. Puller ~30c" Ingram Blv. Ollie Plae Miller n ra. L. Alexander 2021 Goodwin Ave, C. W, Dc;aton 19~~ ~, f•1rs. C. W. Deacon n J. W. Plassey 2009 Goodwin Ave. Tliriam T~Iassey n UT. L. Mathis 7 yo5 n Mss. W. L. Mathis ,~ John H. Je.f.frey 1811 " Elaine E. Je.E'frev n C, B. Alderdice t30u PI. 18th I'Te11 Alderdice n A. F„ Jordan 60~ T~1cAuley Lucille Jordan n P4ayor Fordyce informed Pu•. TTcAu1e~- that a Cormnittee had been appointed to consider the City~s Was•ds and voting prec:~nts and the Petition would be turned over to the Conunittee for action. Fire Chief Wkxit Murphy appeared before the Council, and advised the members o£ the Fire Department had petitioned the Executive Board of their Department to investigate the schedule of pay for volunteer fire departments due to the addit3.ona1 cost of clothes, etc. since the last adjustment in pay was made by the City six years ago. That the Executive Board had studied the matter and determined I',1i,00 per fire and ;,x3,00 per dx•ill would be arx adequate aanount in comparison to other cities. T~layor Fordyce reco»unend.ed tkre increase as suggested by the Executive Board be approved. Thereupon, motion was made by Alderman P'9.n7.ey and seconded by A7_dei•man Bledsoe: That the pay schedule of y?l~,00 per fire and X3.00 per drill be adopted for members of the Volunteer k'ire Department. Upon vote, the Aldermen voted; Aye: Blecl.soe, Burrocr, F'inlezr, roster. Powers, arv_i Rowton. Uay: Mons. 'i'he Bu~.7_d:uzg Inspector X::r.esented the followingbuild:ing pex•roi,s he had_ authorized to be issued, moticn was made, passed, and adopted to confirm tkxe aci;ions of the Bu3.lding lxrspector in the issuance of the fo7_:Lo~aing permits: V. K. Over. all B. F. M©dley Ben u'1inl:e Tiotez' Co. firs. W. B. Cooper L. Gatewced A. F. Thtreatt Tommie ITeard Plakraley Sanders E. Johnson J. k~, Denson T~Iayor Fordyce called to the Cowzcil~s attention that, September 29th had been the date selected to consider calling a special. election far• detackunent of an area from tkle City, and ii; would be necessary to adjourn this meet9.ng until that date. Thereupcn, moticn taas made by Alderman Foster and seconded by Alderman Finley: That, the meeting be adjourned until 7:00 F',TI. September 29, 193. Upon vote, the Aldermen voted: Aye: Bledsoe, Bturotir, Finley, Poste*.•, Powers, and Rotaton. Nay: IJone. , ~~" fIAYOR FRO .''3IFCiltl' A'PS'ES T .•~~ - - CI'A'. Cl T.RY APPROVED: OCTOBER 6, 195_',