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July 6, 1972r .~;: ,:. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS , HELD ON THE 6TH L1AY OF JULY, 19 72 . The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 o'clock p.m, on the 6th day of July, 1972. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden edgers, Mayor in the chair, and the following named Aldermen: M. P. Scott, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, W. L. Harris, James Hightower, Pritchard Horton, and C. D. Hutcherson; and City Attorney Wallin. Absent: Alderman R. L. Smith. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meetings on June 15, 1972, June 22nd and June 29th, 1972 were approved as read. Alderman Scott requested clarification of requirements for street construction as provided by Ordinance No. 716, An Ordinance adopting the Subdivision Code. The Council was informed The Engineer's Off ice is preparing specifications for street construction and lime stablization to be adopted by ordinance in compliance with Ordinance No. 716. Concensus of opinion was plats approved of ter adoption of Ordinance 716 will be required to construct streets in accordance with specifications. Alderman Bentley announced the committee to study home occupations will report at the next meeting. Alderman Dickerson stated information is being obtained from Chalmers Buick on dump trucks. A Resolution authorizing the Mayor and City Clerk to execute contract for Grant to acquire and/or develop land for open-space purposes to be used in Westwood Acres was read by City Attorney Wallin. After discussion, Motion was made by Alderman Scott, seconded by Alderman Bentley: That the resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. The Res3.ution read as follows RESOLUTION N0. 437 WHEREAS, Under Title-"VII of the Housing Act of 1961, as amended, the United State of America (herein called the " Government ") has tendered to West Memphis, Arkansas (herein called the "Public Body") a proposed Contract For Grant to Acquire and/or Develop Land for Open-Space Purposes under which the Government agrees to make a Grant to the Public Body to aid in financing a project, designated Project No. OSL-AR-06-37-1012 and, WHEREAS, The Public Body has given due consideration to said proposed Contract; and, WHEREAS, The Public Body is duly authorized, under and pursuant to the Constitution and laws of the State of Arkansas, to undertake and carry out said Project and to execute said proposed Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS AS FOLLOWS : $ , M .. Section 1. The proposed Contract, designated "Contract For Grant To Acquire and/or Develop Land for Open-Space Purposes, Contract No. OSL-AR-06-37-1012 -G consisting of Parts I and II, under and subject to the provisions, terms and conditions of which the Government will make an Open-Space Land Acquisition and/or D~svelopment Grant under Title VII of the Housing Act of 1961, as amended, to the Public Body to aid in financing the cost of a project, designated Project No. OSL-AR-06- 37-1©12 situated in West Memphis, Arkansas, is hereby in all respects approved. Section 2. The Mayor is hereby authorized and directed to execute said proposed Contract in four counterparts on behalf of the Public Body, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Public Body on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the approval and execution thereof as may be required by the Government. Section 3. The Mayor of this Public Body is hereby authorized to file requisitions, together with necessary supporting documents, with the Government, from time to tame as Grant funds are required, requesting payments to be made to it on account of the Grant provided for in the Contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. Section 4. The public Body agrees to abide by all of the provisions, terms and conditions of said Contract. ~k~k~k~k~lr~k The Mayor announced the annual tax resolutions should be considered, thereupon, City Attorney Wallin read the following Resolutions: RESOLUTION N0. 438 BE IT RESOLVED BY THE CITY COtfi1CIL OF THE CITY OF WEST MEMPHIS, ARKANSAS : That a tax of f ive (5) mi it s upon the dollar for general purposes , five { 5) mills upon the dollar for debt service, and one {1) mill upon the dollar for public city library upon the assessed value of all real and personal property within the limits of the .City of West Memphis, Arkansas, be and the same are hereby levied, and the .City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1972. ~* Motion was made by Alderman Scott, seconded by Alderman Harris: That the Resolution as read be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hight war, Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton, and Hutcherson No : None . RESOLUTION N0. 439 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS : That a tax of one (1) mill upon the dollar for Policeman's Pension and Relief Fund upon the assessed value of all real and personal property within the limits of the City of West Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1972. Motion was made by Alderman Harris, seconded by Alderman Grimaiey: That the Resolution as read be approved . Upon vote, the voting was as follows : Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton, Hightower, and Hutcherson. No: None. ~, RESOLUTION N0. 440 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, AR.ICANSAS s That a tax of one (1) mill upon the dollar for Firemen's Relief and Pension Fund upon the assessed value of all real and personal property within the limits of the City of West Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1972. Motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That the Resolution as read be approved. Upon vote, the voting was as follows: Aye: Aldermens Scott, Bentley, Dobbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. Nos None. Mayor Rodgers informed the Council a Petition to set hearing date on Vacating ~a alley had been filed after the Monday deadline for Council matters . Motion was made by Alderman Grimsley, seconded by Alderman Hortons That the Petition be considered. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None . Mr. Steve Wood of Nance, Nance & Fleming representing Mr. and Mrs. Ed Bretherick presented the following Petitions PETITION„_T0 VACATE ALLEY Come Charles Edward Brettherick and Mary B. Bretherick by their attorney, Cecil 8. Nance, Jr., and states - 1. That Charles Edward Bretherick and Mary B. Bretherick, husband and wife, are the owners of Lot 1, 2, 6 and 7 in B1 ock 1 according to the amended plat of the Eugene Woods Subdivision to the City of West Memphis, Arkansas, of record in Plat Book 1 at Page 185 of the records in the off ice of the Clerk of the Circuit Court and Ex-Officio Recorder in and for Crittenden County, Arkansas. That according to the plat filed of record, a twenty-foot alley extends between Lots 1 and 2 and Lots 6 and 7 of Slock 1 of said subdivision. That said alley extends from the west line of Woods Street to the east line of Lot 3 of Block 1. That the petitioners are the owners of all property abutting on said alley, except that portion of said alley which abuts on the east line of Lot 3 of Block 1. A copy of the plat of Block 1 is hereto attached and marked Exhibit "A", and is made a part hereof as though set out herein word for word. __ 2. Petitioners state that the alley affected by this Petition and as reflected on the plat filed, has not been actually used by the public as an alley or as a street for a period of over five (5) years . That said alley serves no useful, purpose to the landowners or to the public generally. 3. That the petitioners have no objections to the City of West Memphis retaining an easement over the same property as occupied by said alley for the purpose of utilities. WHEREFORE, petitioners pray and respectfully ask that the City Council fix a day for the hearing of this Petition, and that the City Clerk be required to give notice of such meeting by publication, once a week for two (2) consecutive weeks, ae required by law, and that upon proper hearing before the Council, the alley through the East Half (E1/Z) of Block 1 as herein described be declared vacated, and the City of West Memphis retain an easement over said property for the purpose of utilities. Respectfully submitted. CHARIE S EDWARD BRETHE RICK AND MARY B . BRETHERICK, Petitioners BY /S/ CECIL B . NANCE, JR. Attorney for Petitioners ~} ~°~ After discussion, motion was made by Alderman Harris, seconded by Alderman Hutcherson: That the City Clerk be authorized to publish Notice of hearing for August 3, 1972, Upon vote, the voting was as follows: Aye: Aldermens Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. Mr. P. G. Para of the Utility Commission presented letter pertaining to raises for Utility Commission Employees. After discussion of promotions for linemen, journeymen and apprentice, monthly employee raises of $25.00, hourly employee raises of 10~ an hour, and linemen and apprentice linemen in accordance with Arkansas Power & Light Company increases, motion was made by Alderman Dabbs, seconded by Alderman Grimsley: That wage increases as requested by the Utility Commission be approved. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. The Council was informed the increases were the same as City Employees received in January, 1972. The increase in salary for the City Attorney's Legal Secretary was discussed, motion made by Alderman Bentley, seconded by Alderman Hightower: That the salary be increased $50.00 per month. Upon vote, the voting was as follows: Aye: Aldermen: S Cott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . The increase in salary for Mr. I. N. Hanna was discussed, and Mr. Para advised Mr. Hanna should receive a raise in accordance with Utility Employees as salary is paid from that Department . Mr. P. J. Powers appeared and requested permission for 60 day extension of order to remove trailer from S. i4th Street in order that the trailer might be disposed of. After discussion, motion was made by Alderman Bentley, seconded by Alderman Scott: That Mr. P. J. Powers be granted 30 day extension for trailer, and after that date no additional ext+a~sion be given. Aldermen Harris and Hightower of Ward 5 were requested to comment on the matter, and amendment was made by Alderman Harris, seconded by Alderman Grimsley: That Mr. P. J. Powers be granted until September 1, 1972, to move the trailer, and a letter be given to Mr. Fowers static no further extension would be given after that date. The vote on the amended motion was as follows: Ayes Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None . Mr. Virgil Pate appeared in regard to removal of trailer from rear of his service station aC Balfour and Missouri. After discussion, motion was made by Alderman Grimsley, seconded by Alderman Harris: That Mr. Virgil Pate be given until September 1, 1972, to move trailer. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. ~.-. Mr, J. D. Bartrow of 1416 Chatham and Mr. Charles Sullivan appeared to request permission to complete work on trailer in backyard. The Council was informed complaints had been received from neighbors. Motion was made by Alderman Dabbs, seconded by Aldeb rn1Gr19~2eyto move the trailer. and Mr. Sullivan be granted until Septem e , ~ Upon vote, the voting was as follows; Aye: Aldermen: Scott, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No; None . Mr. C. D. Shelton presented the following petition; PETITION We the undersigned taxpayers and residents of West Memphis urge the immediate attention to the bayou between Broadway and Beatty Street, concerning the deplorable condition of takes whoblive~inutheosides of gopher rats, their homes and numerous sn the bayou . Due to the gopher rats, homes and yards are being damaged because of their tunneling under homes and in yards, chewing hofilthointothomeshandgh doors and entering homes; thus bringing disease and endangering people. We are of raid for our children to play in their own yards because of gopher rats and snakes. Men in our neighborhood have ~Ci11ed up to 53 gopher rats in one back yard at one given time. We desire immediate action concerning the condition of this bayou and desire poison to be put out by the city of West Memphis. Concerned parents and citizens. *~r~r Cleaning of 10 Mile Bayou, cutting of grass, fenced yards necessitating carrying grass for block to be disposed of, types of poison, cost to pave banks of bayou, weather condition, were discussed. Mr. Eddie Brawley of the Engineer's office was requested to contact the Department of Agriculture as to type of poison that might be used rather than delay to use the poison recommended. Mr. Leo Chitman of the West Memphis Council of Organizations requested the Urban Renewal Agency consider drainage in the areas of 25th Street, Autumn, Monroe , S . L. Henry, Jackson, and 16th and 17th Streets . Mr . Chitman was informed the City Engineer is working with Mr. Bud Wilson of the Housing Authority on the matters. Alderman Bentley brought to the Council's attention the ditch along Westwood Acres causes overflow into yards in the area when have heavy rains, the cleaning of a culvert on S. Avalon was discussed. Alderman Dickerson brought to Council's attention need for place for people to ride motorcyles that would not interfere with ballparks, playgrounds, etc. Mr. Dickerson was requested to try to locate areas on each side of the City then contact the Park Commission. Mr. Dickerson reported the hauling of trash is behind schedule. Alderman Grimsley brought to the Council's attention two or three men riding on garbage trucks when taking to the landfill area. w`~ ~ ~ -'t~ Alderman Harris requested information as to responsibility for damages when the Fire Department burns houses for training purposes. Alderman Bentley stated hh~=:.would contact the Fire Chief as to noifying neighbors when a house is to be burned. Alderman Scott announced a Police Ca~mnission meeting was scheduled after the Council meeting. Alderman Horton requested information on the demolishing of a house at the corner of Missouri and Cooper. Mayor Rodgers stated the City is not in the demolit~bn business, but obtained lumber free of charge for demolishing the house. No further business being presented, the meeting was ad,~ourned. ATTES2~ ~~°^~-"'~~ G~~'2~~a~~~~ CITY ~~-K~- -- Gr~ MAYOR APPROVED;