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September 7, 1972 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 7TH DAY OF SEPTEMBER, 1972. 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 7th day of September, 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 fallowing named Aldermen: Thomas Dickerson, D. M. Grimsley, W. L. Harris, James Hightower, Pritchard Horton,~C. D. Hutcherson, M. P. Scott, B. G. Smith, R. T. Bentley, and W. R. Dabbs. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on August 17, 1972, were approved as read. Alderman Dickerson presented recommendations of the Garbage Committee as to purchase of two new trucks and collection of shrubbery, clippings, etc. Aldermen Horton and Dickerson, who had been appointed to meet with property owners adjacent to the unnamed street betw~aren Wilson Road and lt~.th Street, recommended the street be closed upon agreement of property owners to construct a 5' sidewalk and install a fence. Attorney Ralph Sloan, who had represented the property owners at the hearing on August 5, 19?1, commented on procedure for closing a street. Mayor Rodgers requested the City Attorney and Attorney Sloan confer and report to the Council, Mr. L. H. Polk, Chairman of the Library Commission, and Mrs. James R. Fall, Jr., librarian appeared to request expansion of library facilities of approximately 1800 sq. ft. for the library on N. Avalon and inclosing the Branch Library patios. Construction of the library in 1958 and the branch in 1967, 1 mill tax, book reviews, childrens~ story hours, 32,000 books, increased circulation, rental books, requirements for Federal Funds, inquiries by prospective industries, audio visual program were elaborated on by Mrs. Polk and Mrs. Fa 11. Mrs. E. J. Rubens, Mrs. Bob Cosgrove, and Mrs. R. K. Bollinger, members of the Commission, were also present. Mayor Rodgers suggested a tour of the libraries be made by the Aldermen, who had not been there recently. Mr. Brian Williams, Administrative Assistant for Crittenden County, introduced Mr. Larry White, representative of the Commerce Department. Mr. White explained regulations for subsidized r~' flood insurance of the Housing and Urban Development Program of 1968 . After discussion of the City adopting and enforcing flood regulations, disaster relief, preparation of base map, filing application, survey without cost to the City, participation of Fort Smith, Harrison, Camden, Hot Springs, Texarkana and Russelville in the Program. Mayor Rodgers stated the cities would be contacted as to their recommendations of the Pro gram. Alderman Dickerson recommended the Insurance Committee study the matter. Motion was made by Alderman Dickerson, seconded by Alderman Dabbs: That the Mayor be authorized to advertise for bids for a garbage and a trash truck as recommended by the Garbage Committee. Upon vote, the voting was as follows : Aye: Aldermen: Dickerson, Harris, Hightower, Hutcherson, Scott, Smith, Bentley, G~3.m~~.~y, and Dabbs, Horton. No: None. Alderman Dickerson introduced an ordinance entitled."An Ordinance To Amend Ordinance No. 180 Declaring An Emergency And For Other Purposes", and the City Attorney read the ordinance in full, Alderman Dabbs, seconded by Alderman Smith, moved that the rule requiring the reading of an ordinance in fulllacedhoneitsfsecond days be suspended and that the ordinance be p reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: A ldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 sus end the rule the motion was carried and the rule suspended. P The ordinance was then read the second time by the City Attorney. Alderman Scott, seconded by Alderman Bentley 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: A ldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 the third time by the City Attorney. Alderman Hightower, seconded by Alderman Harris, eoMadorhon the ordinance be adopted. The question was put by th y adoption of the motion and the roll being called, the following voted: Aye: A ldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. No: None. Alderman Horton, seconded by Alderman Hutcherson, moved that Section 3, the emergency clause, be adopted and on roll call the following voted: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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. 733. The ordinance read as follows: ORDINANCE N0. 7_3~ AN ORDINANCE TO AMEND ORDINANCE N0. 180 DECLARING AN EMERGENCY' AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Ordinance No. 180 of the City of West Memphis, Arkansas, is amended as follows: Section 11. COLLECTION OF OTHER THAN GARBAGE: As a part of its duty the Garbage Department may collect and haul large or execessive accumulations of weeds limbs, vegetation, refuse, debris, or other like ~ substance, which result from construction or repair work from any alley or premises of any person and such person shall be required to pay for said services the sum of $25.00 per load. Section 19. PROVIDING DUMPING GROUND: The City Council of West Memphis shall provide a suitable place where all garbage waste material, refuse or debris shall be burned buried, or otherwise disposed. A fee shall be charged at a rate established by the Sanitation Committee based on volume . Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas that this ordinance is necessary for proper operation of the Garbage Department, therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public peace, health, and welfare of the citizens of West Memphis, the same shall be in full force and effect from and after passage, approval, anal publication. '.C-~s'"3.'.J'.r-ii :: asst As requested on August 17th the City Attorney presented the following Resolution: RESOLUTION NO . t~.l~1 WHEREAS, the City of West Memphis, located in Crittenden County, Arkansas, is one of the fastest growing towns in the Mid-South, and, WHEREAS, the City of West Memphis is geographically located on two Interstate, Coast to Coast Highways and t~.rty minutes away from the Memphis International Airport, and,. WHEREAS, a serious economic situation has arisen due to the cut back in the United States Postal Service in West Memphis, Arkansas, namely: 1. The closing of the Hulbert branch of the West Memphis Post Office. 2. Elimination of the Sectional Center Facility for Distribution in West Memphis, Arkansas. 3. The reduction or transfer of qualified personel in the U.S. Postal Service from the West Memphis Post Office. ~., NOW THEREFORE, BE IT FURTHER RESOLVED THAT; 1. It is urgnetly requested that our Elected Officials in Washington make an investigation into this matter. 2. That the United States Postal ~'ervice be requested to make a survey in this area to check on the necessity of curtailment of the United States Postal Service. BE IT FURTHER RESOLVED that a copy of this Resolution, when passed by the West Memphis City Council and signed by the Mayor, be forwarded to the following parties: Honorable John L. McClellan, United S Cates Senator; Ho cable J. W. Fulbright, United States Senator; Honorable Wm. V. (Bill) Alexander, Jr., Member of Congress; Honorable Elmer Theodore Klassen, Postmaster General, Washington, D. C.; and Honorable Carl C. Ulsaker, Southern Regional Postmaster General, 5100 Poplar Avenue, Memphis, Tennessee. Motion was made by alderman Scott, seconded by Alderman Smith: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. No: None. Mayor Rodgers informed the Council of a meeting with developers and builders mn September 6th to discuss changes in the subdivision ordinance. Supreme Court decisions and State Statutes pertaining to public hearings were discussed. City Attorney Smith read the ordinance entitled "An Ordinance To Amend Ordinance No. 716 Declaring An Emergency And For Other Purposes". Motion was made by Alderman Smith, seconded by Alderman Dickerson: That the second reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dickerson, Harris, Hightower, Hutcherson, Scott, Smith, Bentley, and Dabbs. No : A lderman Horton. Alderman Grimsley abstained from voting. The motion carried. Attorney Ralph Sloan presented request for relocation of a transmission line, and stated Arkansas Power 8c Light had agreed to the relocation and dictated terms for removal also the matter had been cleared with Pat Johnson of the Utility Commission and Cy Bond, Jr., Engineer for Drainage District. The ordinance entitled "An Ordinance Approving Relocation Of Electrical Transmission Line Of Arkansas Power & Light Company And Authorizing I t To Cross Dedicated Streets, Alleys a.nd Ways To Be Occupied By Said Relocation, And For Other Purposes and De~Iaring An Emergency" was introduced by Alderman Dickerson, and the City Attorney read the ordinance in full. Alderman Dabbs, seconded by Alderman Smith, 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: ^ldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 the second time by the City Attorney. Alderman Scott, seconded by Alderman Bentley 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 the third time by the City Attorney. Alderman Hightower, seconded by Alderman Harris, 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: A ldermen: Dickerson, Grimsley, Harris, H~.tower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. No: None. Alderman Horton, seconded by ~!lderman Hutcherson, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, ~'.cott, Smith, Bentley, and Dabbs. 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. ?31~.. The ordinance read as follows: {. n __~ _ _ ___ ___ _, t , ..._ -_._ ~- - 1: ORDINANCE NO. ~ ~ ~/ AN ORDINANCE APPROVING REL,,OCATION OF EI,,,ECTRICAL TRANSMISSION LINE OF ARKANSAS FOWER & LIGHT COM~'ANY AND AU''I'~iORIZING IT TO CROSS DEDICATED STREETS, ALLEYS AND WA YS TO B~ OCCUPIED I3Y SAID! RELOC~T~ON, and FOR OTHER PURPOSES AND DECLAR~NCI AN EMERGENCY, WHEREAS, Arkansas Power & Light Company is the Qwner Qf a ;. right of way for a transmission, line conatr~cted about 192? across the X12 S2 of Section 1, Township S North, Range 8 East; anal WHEREAS, in order that the lands across which the resent tran~- mission line rune xnay~~ be fully and orderly developed by the owner thereof, Arkansas l''ower & Light Company has agreed, upon eerta.~.n terms and ~cpn- ditions among which is the adoption of this ordinance, to reloeate the trans- miss ion line as follows Beginning in the southeasterly part of the N~ S~ of Section 1, Townah~.p 6 North, Range 8 East, on the center line of the existing transmisa ion line at a point which is 39 feet, more or ,~ess, north of the south line of said N a S a and 15 9 feet, more Ar le ~a, east of the southwest corner of L,ot 1, Avondald Commercial Subdivision; thence westerly X81 feet, more or less, to a point which i.a 75 feet north of the south line of said N 2 S a and 1 a feet, more or less, east of the west line of Lot 2 of Avondale Commercial Subdivision; thence west parallel to the south line of said N z S2 2, 822 feet, more or less; thc~ncc~ northerly 1, 222 feet, morQ or lase, to 1:~~t~ri~itttitia;~ :.c i. tlit~ i~nint of Interseut~an with the+ c:entc't~ line of the existing transmiaelon line. and WHEREAS, said transmission line as relocated will cross the same streets and ways as the present transmission live, except it will no longer cross Shoppingway Street, and it Is necessary that the City of West Nlexnphia approve the relocation of said line and auth.orix® Arkansas Power & Light Company to cr. oaH clPdicatF~d streets, alleys and ways to be occupied by. said relocation; and "~~ - - --_ __ __ __ -„~- WHEREAS, the pity o~ West Memphis has determined that it would greatly benefit the city tQ have the transxniasion line re,~ocated as propoaed ,~"- so that the area where the line is reaentl located ma be more orderl p y y y -~- , developed; NtJW THFRF.~'URF„ l3E lT (JF~.pAINE.I~ l3 X TH.F CITY CUU~ICII~ QP T CI'~Y C)F WEST ~: ~~~f its: SE ~' TI ON I That the propoaed relocation AF the ela~trl~a~, transmission line of Arkansas Power & Light Cc~n~pany bey and the a~;c~e is hereby, approved, and that Arkansas Power & laight Company be, ar~d it is herelay authorized and permitted to cross dedicated streete~ alleys and ways to be occupied bS- said propoaed relocation along the Following line: Beginning in the southeasterly part: of the ~T~ S~ ~- of Section 1, Township 6 North, range 8 Fast, on the center line of the existing tz~ax~rnisaion line at - a point which is 38 felt, more' or less, north of the south line of :said N~ Sa and 1~i9 Fee , more or less, east of the southwest corner of Lot 1, Avondale Commercial Subdivision; thence westerly 491 feet, more or less, to a point which is ?5 feet north of ~` the south line of said Na S2 and l2 feet, more or less, east of the west line of Lot 2 of Avondale „. Co~nxxier~cial ~.i~.d~.vte`ion; thence -west parallel to the south lies of said Na ~a# 2, B~~ Feet, more or less; thence northerly 1, 2~2 feet, mare or lesa+ to termination at the point of intexaeation with the ccntc~r line of the existing tra~sml~sion line.. SE C ~IUN TI: That all ordinances and parts of ord~~ancsa in conflict herewith be, and the same are, hereby repealed. SE C TIQN IIT. MIt is h+~reby ascertained and decla~r~d tQ die a fact that the property ,,~ ac~roy~ which said transmia;~an lino nowFruna ~s in the process ~f develop- ment and that the passage of thus ordinan,ae is ~ the interest of the growth and orderly development of ~e City of west Memphis, and of the public peace, health, safety and welfare of the citizens of West Memphis, and an eznergeney is hereby declared to~exist and this ordinance shall be in full force and effect from and after -its passage and approval. ,~ The Council was informed the Planning Commission had recommended Ordinance No. ?15 be amended to permit location and operation of a sheet ,metal and printing business in B-l, B-2, M-1 and M-2 Zones as provided in previous zoning ordinance. Alderman Grimsley introduced an ordinance entitled "An Ordinance To Amend Ordinance No. ?15~ Declaring An Emergency And For Other Purposes", and the City Attorney read the ordinance in full. Alderman Hutcherson, 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 sus end the rule the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Harris, seconded by Alderman Hightower 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 the third time by the City Attorney. Alderman Bentley, seconded by Alderman Scott, 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. No: None. Alderman Smith, seconded by Alderman Dabbs, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, and Dabbs. 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 wi~i the seal of the City. The ordinance was given No. ?35. The ordinance read as follows: ~~ _~ ORDINANCE N0. 735 AN ORDINANCE TO AMEND ORDINANCE N0. 715; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: Section l: Ordinance No. 715 is hereby amended to permit the location and operation of a sheet metal and printing business in B-1, B-2, M-1 and M-2-zones as opposed to M-1 Limited Industria' as is presently provided by Ordinance No. 715. Section 2: All parts of Ordinance No. 715 in conflict herewith are hereby repealed. Section 3: I t is found and determined by the City Council that this Ordinance is immediately necessary for owners of property to be able to utilize such property. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public peace, health and welfare of the citizens of West Memphis, same shall be in full force and effect from and after it's passage, approval and publication. ~~~ _ Mayor Rodgers reported the trailers ordered moved on July 6, 1972, have been removed. Alderman Horton requested information on repair of the hole on North Stuart Street, and was informed the hole had not been repaired due to the contractor being bankrupt. Alderman Scott announced a Police Commission meeting~f~:fter the Counci 1 meeting. Mayor Rodgers read an invitation extended by the Catholic Youth Organization of St. Michael ~ s Church #~o a Drug Abuse Program on September 10th at 7:30 P.M. No further business being presented, ATTEST CITY RK APPROVED: SEPTEMBER 21, 1972 the meeting was adjourned. MAYOR