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February 3, 1972.~ `~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 3RD DAY OF FEBRUARY, 19 72. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Ha11 in said City at 1:30 o'clock p.m. on the 3rd day of February, 1972. 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: J. E. Hightower, Pritchard Horton, C. D. Hutcherson, R. L. Smith, M. P. Scott, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, W. Dabbs, and W. L. Harris, and City Attorney R. E. Wallin. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on January 20, 1972, were approved as read. Alderman Scott, Chairman of the Police Commission, stated specifications for Police Cars had been prepared. Alderman Bentley reported he had been elected Chairman of the Fire Commission and Alderman Smith Secretary, also after bid is awarded for afire truck will be probably six to eight months before delivery. Alderman Smith brought to the Council's attention Arkansas Statutes requiring the vote on the Land Use Plan to be a majority of the elected members of the Council rather than a majority of those present. After discussion with City Attorney Wallin, the affirmative vote on January 20th on the matter did not carry. Attorney Jake Brick presented the following petition: PETITION TO ABANDON PORT ION OF STREET T0: The Mayor and City Council of the City of West Memphis, Arkansas Comes Ramco, Inc., the Petitioner herein, and respectfully moved the City Council to abandon a small portion of South 22nd Street in the City of West Memphis, Crittenden County, Arkansas, more particularly described as follows, to-wit: That part of South 22nd Street located immediately to the East of Lot 2, Block 3 of the George T. Kendal Subdivision, Fifth Addition, more particularly described as follows: Commencing at the Southeast Corner of existing Lot 2, Block 3, George T. Kends Fifth Addition to the City of West Memphis; thence East along the South line of said Lot extended 11.5 feet; thence North parallel with the West line of said Lot 50 feet to a point; thence West 90 degrees to the existing Northeast Corner of said Lot 2, Block 3; thence Southwesterly along the radius of the existing street to the point of beginning. That a photostatic copy of the proposed abandonment in regard to Lot 2, Block 3 and a photostatic copy of that portion of South 22nd Street involved is attached hereto so that the Council may be aware of what is involved. That Petitioner seeks the abandonment of a small portion of South 22nd Street immediately adjoining the East end of said Lot in order to avoid the removal of a house located on said property which encroaches slightly on said property. That the portion of the Street which is involved and which Petitioner seeks abandonment is not and has not been used for street purposes proper or for the roadway of said street at any time since the dedication of said street fn 1955. cJ WHEREFORE, Petitioner respectfully requests that the City Council, after consideration of said Petition, by Resolution direct the Cfty Clerk to give publication of a Notice once a week for two weeks to the effect that the Council will hear the Petition to determine whether such property shall be abandoned on February 3, 1972. Respectfully submitted, RAMCO, INC. BY: /S/ STEVE ~E RNARD, President ~~~ Motion was made by Alderman Scott, seconded by Alderman Hutcherson: That hearing on abandonment of part of South 22nd Street be set at 1:30 P.M., February 17, 1972, and notice of hearing be published. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, and Harris. No: None . Mr. Tom Coleman, Urban Renewal Agency Executive Director, presented Resolution for approval of application for the third year Program Funds. Mr. Coleman informed the Council a public hearing had been held on the matter at the Jackson Civic Center on February 1st. The scattering of buildings, work on 14th Street, Federal Funds available to demolish condemned buildings, the Program not being approved by the PAC Committee, Fiscal Year, and change in plans would necessitate delay in filing application were discussed with Mr. Coleman, Mr. W. L. Barbour, Jr ., Chairman, and Attorney Lindsey Fairley. Motion was made by Alderman Horton, seconded by Alderman Dickerson: That the Resolution be Adopted. Amendment to the Motion was made by Alderman Scott as follows: Action on Adoption of the Resolution Be Postponed two weeks. The motion was seconded by Alderman Smith. Roll call vote on the amendment was as follows: Aye: Aldermen: Hightower, Hutcherson, Scott, Smith, Bentley, Grimsley, and Harris. No: Aldermen: Horton, Dabbs, and Dickerson. The motion carried. City Attorney Wallin read excerpts from Roberts Rules of Order pertaining to voting on the amendment having priority to the main motion. Mayor Rodgers announced William Burnett, Chairman of the Park Commission, had resigned as moved from West Memphis. The Mayor appointed Ralph McFerrin a resident of Ward 4 to fill the unexpired term. Motion .was made by Alderman Smith, seconded by Alderman Horton: That the appointment of Ralph McFerrin be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Hutcherson, Scott, Smith, Bentley, Grimsley, and Harris, Horton, Dabbs, and Dickerson. No: N©ne: Mayor Rodgers cont8nded the work of Mr. Paul Matthews, whose term of office as a member of the Park Commission had expired. In accordance with plans to rotate the members of the Commission, the Mayor appointed Mr. Phillip Ford of Ward 2. Motion was made by Alderman Bentley, seconded by Alderman Harris: That the appointment of Mr. Phillip Ford to the Park Commission be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Hutcherson, Scott, Smith, Bentley, Grimsley, Harris, Horton, Dabbs, and Dickerson. No: None. The Mayor informed the Council of a proposed settlement of $52,000 by the insurance company for damage to the incinerator, and of conferences with officials of Steelecraft and others pertaining to the settlement. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the City accept $52,000.00 offered by the insurance company for the incinerator. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Hutcherson, Scott, Smith, Bentley, Grimsley, Harris, Horton, Dabbs, and Dickerson. No: None. Mr. J. E. Lalman and Mr. Frank Hill were appointed members of the City Hall Complex Committee by Mayor Rodgers. Mayor Rodgers informed the Council Mr.-Henry Halle of Gassner Nathan & Brown had completed the Comprehensive Plan, Zoning Plan, and Land Use Plan, however, the matter was nvt on the tentative agenda as did not contemplate would be completed. Alderman Smith requested a ten minute recess. Upon calling the meeting to order, the Mayor advised the ordinance for adoption of the zoning code was not in proper form, therefore, the matter could not be considered at this time. After discussion of information on the Arkansas Supreme Court decision involving the City of Piggott sent to the Planner;_by the City Attorney, numerous complaints from property owners, developers, and realtorsy the matter was ordered returned to the Planning Commission. No further business being presented, the meeting was adjourned. ~~ MAYOR ATTEST : "`` CITY C APPROVED: FEBRUARY 17, 1972