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August 19, 1971~.~ MINUTES OF A REGULAR MEETING OF THE CITY COtA~1CIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 19TH TaAY OF AUGUST, 1971. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City at 4:30 o'clock p.m. on the 19th day of August , 19 71. 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: W. L. Harris, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, M. P. Scott, R. L. Smith, R. T. Bentley, Thomas Dickerson, and D. M. Grimsley; and City Attorney R. E. Wallin. Absent: W. R. Dabbs. It being determined a quorum was present, the following proceedings were had to-wit; Minutes of Council Mee-tang on August Sth were approved as read. Alderman Smith, Chairman of the Street Committee, announced the bid for storm sewer and water main casing under Broadway at Club Road had been awarded to Armco in the amount of $10,360.00 inasmuch as the Utility Com~sission is building the pit approximately $2,400.00 will be saved. Also, Mr. Sam Cross, a member of the Committee, is compiliag figures on purchase of an asphalt plant, and efforts are being made to obtain matching funds for Hulbert Road construction. Placing 24" pipe on the west side of Walker Street was brought to the Council's attention. 8ngineer Charles Hampton stated 805 feet of pipe would be required costing approxi®ately $3,822.38. Due to urgency of completing work prior to inclement weather, motion was made by Alderman Scott, seconded by Alderman Hutcherson: That the Council waive bids for 805 feet of pipe, and the pipe be purchased from Choctaw, Inc. due to urgency of the matter. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . Alderman Scott read a resume of his efforts to establish Civil Service Commission for the Fire and Police DEpart~ents, however, due to the names of the Conmtissioners having to be listed in the ordinance and only Alderman Smith had presented a name for consideration,-the ordinance could not be introduced at this time. Hearing on vacating an unnamed street in Holiday Gardens Subdf vision tabled on August 5th was reopened. Attorney Ralph Sloan representing the petitioners stated the abutting property owners had filed the following Consent: C., SENT We, the undersigned, being the owners of the property abutting the unnamed street shown on the plat of Holiday Gardens Subdivision of West Memphis, Arkansas, of record in Plat Book 2 at page 197 lying east of the west line of Holiday Gardens Subdivision as shown on said plat and west of the west line of Wilson Road and bounded on the north by Lots 9 and 10 in Block 16 and Lot 9 in Block 17 and bounded on the south by Lot 1 in Block 10 and Lots 1 and 23 in Block 11 of Holiday Gardens Subdivision as shown by the plat above described, for which a petition to abandon and vacate has been filed with the City Council of the City of West Memphis, Arkansas, a copy of which petition with plat showing portions of street to be abandoned is attached hereto, do each hereby consent to the abandonment and vacating of said unnamed street as set out above and in said petition to vacate. Orville E. Jackson Ancle Mae Jackson Clettis Lavern Reed Melds Jean Reed James Hoyle Brogdon Donna Lou Brogdon Roger D. Forsyth Nancy J. Forsyth Boger D. Spence Sharon G. Spence James J. Sullivan Bedith C. Sullivan Suggestion was made by Alderman Horton that vacate portion of the street from Wilson Road to 14th Street, and the City construct a sidewalk through the property provided the owners construct a storm fence on each aide of the sidewalk. City Attorney Wallin advised a deed of easement to the City would have to be obtained if a sidewalk is constructed by the City. After discussion of the suggestion, width of a sidewalk, cutting of weeds, petition of residents and letter from the West Memphis School District presented on August 5th, and development of the area, an ordinance entitled: "An Ordinance Vacating Unnamed Street In Holiday Gardens Subdivision In The City Of West Memphis, Arkansas" was introduced by Alderman Smith. City Attorney Wallin read the ordinance. Motion was made by Alderman Hutcherson, seconded by Alderman Harris: That the first reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Alderman: Hutcherson. Nay: Aldermen: Harris, Horton, Scott, Smith, Bentley, Dickerson, and Grimsley. Alderman Hightower abstained from voting. Attorney Ralph Sloan gave notice of appeal of the Council's action. Alderman Horton requested the City have the grass cut. An ordinance entitled "An Ordinance To Rezone Certain Property In The City Of West Memphis; And For Other Purposes" read the first time on July 15th, and the second time on August 5th was read the third time by City Attorney Wallin. Alderman Grinsley, seconded by Alderman Dickerson, 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: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley. Nay: None. The Mayor thereupon declared the ordinance 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. 69b. The ordinance read as follows: ~ "# ORDINANCE N0. 69b AN ORDINANCE TO REZ~IE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS; AND FOR OTHER PURPOSES . WHEREAS, an application was made t o the Planning Commission of the City of West Memphis, Arkansas, as provided by Ordinance No. 411 of the City of West Memphis for rezoning certain property within the City of West Memphis; and WHEREAS, notice was duly published on June 15, 1971, that a hearing would be held by the Planning Coas~ission at 4:00 P.M. on the 30th day of June, 1971, and at said meeting the application pertaining to the property hereinafter described was continued until July 14, 1971; and at said meeting and by the application previously submitted, it was requested that the property hereinafter described be rezoned. WHEREAS, no persons appeared to protest against said zoning as requested, and WHEREAS, the Planning Ccrosaission of the City of West 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 coned as Limited Industrial District (Y!~-1) be and the same is hereby rezoned as General Commercial District (C-5) : Beginning at a point on the centerline of South Avalon Street that is 466.28 feet south of the point of intersection of the centerline of Avalon Street and the centerline of Tyler Street; thence south 208.72 feet along the centerline of South Avalon Street; thence East 238.72 feet on a line perpendicular to the centerline of South Avalon Street; thence North 208.72 feet on a line parallel to the centerline of South Avalon Street; thence Weat 238.72 feet to the point of beginning, containing 1.14 acres more or less lying in the Northeast Quarter (NEB) of Section 13, Township Six (b) North, Range Eight (8) East, subject to a 30 foot road easement for South Avalon Street containing 0.14 acres. 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 subject to being-filed and recorded in the office of the Circuit Court Clerk and 8x-Officio Recorder within and for Crittenden County, Arkansas . ~1r~k In accordance with Notice of Sale published in Evening Times on August 2nd and 9th Bids for sale of a six cylinder 1947 International Fire Truck were opened as follows: Town of Sunset $1,000.00 Gordon B. Holloway ~ Associates $1,581.50 Mayor Rodgers requested the Fire Commission canvass the bide, thereupon, motion was made by Alderman Dickerson, seconded by Alderman Hutcherson: That the Fire Commission have authority to award the bid. Upon vote, the voting was as f oilows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Gris~sley. No: None. Alderman Horton, Chairman of the Fire Ccrmcnission, expressed appreciation of the Fire Department for the purchase of station wagon from the Crittenden County Sheriff's Department. The proposed Rules and Regulations for the Fire Department were removed from the Agenda for further study to be presented at a later date, and copies mailed to the Council prior to being presented. ~~ The matter of the Council's meeting hour was considered, motion was made by Alderman Bentley, seconded by Alderman Horton: That the Council Meetings be held at 1s30 p.m. on the first and third Thursdays of each month, commencing September 16, 1971. After discussion, the ..roll call vote was as follows: Aye: Aldermen: Horton, Hutcherson, Scott, Bentley, and Dickerson. Nola Aldermen: Harris, Hightower, Smith, and Grimsley. The motion carried. Certificates of appreciation from West Memphis Headstart were presented. Alderman Smith reported on the graduation. Mayor Rodgers informed the Council expenditures for the Swimming Pools will exceed Budget appropriations approximately $3,000 by the time the pools close due to purchase of a new pump, breakage of windows replaced by a brick wall, supplies, and a decrease in the estimated revenue. After discussion, motion was made by Alderman Bentley, seconded by Alderman Hutcherson: That the Mayor be authorized to transfer funds from General Fund to Swimming Pool Fund. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Grimsley, and Dickerson. No: None . The Mayor reviewed rate schedule of taxes to be paid by Langston Bag Comp-any. City Attorney Wallin read excerpts .from letter of Mr. H. H. Friday of Smith, Williams, Friday, Eldredge & Clark, Bond Attorneys. Mayor Rodgers reported plans are being made to extend Christmas decorations from 10th Street to Avalon. Alderman Bentley stated complaints had been made pertaining to cutting of grass and removing junk cars in the southeast section of the city. Alderman Scott brought to the Council's attention proposed f financial structural study to be made by the Utility Comtaission, and suggested the study be made by 8ommissfon employees, city officials, and local business men . Alderman Hightower inquired as to responsability for stray dogs, and informed the Council of statements made to Mrs. Jean Toler, 412 S. 10th by the dog catcher. City Attorney Wallin requ meted the water drainage on Rich R©ad be considered. No further business being presented, the meeting was adjourned, i ~ ~ /I f MAYOR c-~ ATTEST: CITY APPROVBD: SEPTEMBER 2, 1971