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February 15, 1973~; ~,~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEST MEMPHIS, ARKANSAS, HELD ON THE 15TH DAY OF FEBRUARY, 1973 • The Council of the City of West Memphis, Arkansas, 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. 15th day of February, l9?3. 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, Ann Payton, M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, and D. M. Grimsley; and City Attorney R, L. Smith. Absent : None. The following proceedings were had to-wit: Minutes of meeting on February 1st were approved as read. Alderman Dickerson reported the Police Commission had accepted the bid of Bob Morrow Ford Sales, Inc. for three police cars and one plain car for the Police Department total amount of $1.,168.00. Also bid of Chalmers Buick Company for two two ton trucks in the amount of $7,889.20 for the Sanitation Department had been accepted. Alderman Smith reported the following bids were accepted by the Street Committee 2 Pickup trucks from Jim Ellis Oldsmobile, Inc. $3053.00 Each l 5 Yard Dump Truck from Chalmers Buick Co . ~9b6.71 Excavator from Midco Memphis Sales & Serviee $t~3, X3.00 Alderman Bentley informed the Council the Insurance Committee will meet as soon as compilation of comparison of bids for Retirement Plans is completed. Mayor Rodgers reappointed Mr. James Lancaster as a member of the Park Commission. After discussion, motion was made by Alderman Scott, seconded by Alderman Horton: That appointment of _ Mr. James Lancaster to the Park Commission fora term of five years be approved. Upon vote, the voting was as follows : Aye : Aldermen; Harris, Hi~.tower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . Attorney Ralph Sloan presented the following Pet~bn on behalf of 1rTalter L. Dilatush, Marianna D. Willis and Katherine Everett PETITION TO VACATE STREET Come the undersigned petitioners, Walter L. Dilatush, Marianna D. Willis and Katherine Everett, and in petitioning the City Council of the City of West Memphis, Arkansas, state That they are the owners of Lots 5, 6, 21 and 22 of the M. P. Horsley Addit-ion to the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 1 at pages ~. and 5 in the office of the Recorder of Crittenden County, Arkansas, abutting upon that part of First Street hereinafter particularly described. ~~ P Horsley Addition to That the owners of the lands in M. 1 2 caused the City of West Memphis, Arkansas, onlFebas more articularly to be recorded a plat of sahatsondsaidlplat there is designated hereinabove described and t and 6 on the a First Street which is ~.0 feet wide betweenthat said street west side and Lots 21 and 22 on the east side, was laid off and platted on said map but said street was never actually laid off and improved as shown on saidc}~laetitioners is necessary in connection with the use for whi p proposed to use said lands to have said portion of First Street closed and petitioners now request such closing. That there is attached hereto. as Exhibit "A" a photocopd r of that portion of the plat filed in the osf the street tocbe e of Crittenden County, Arkansas, which show vacated together with the lot numbers of each lot which abuts upon the street to be vacated. THEREFORE, petitioners pray that the Cite~ularcor sf ecial City of West Memphis, Arkansarinatoftthisxpeti Lion and direct meeting fix a day for the he g the City Clerk to give notice of said hearing by publication once a week for two consecutive weeks in t~ekansasngand having newspaper published in1nrtheeCitn of West Memphis,~A.rkansas, a general circulation y and that upon final hearing that that part1oftsiofttherCity of hereinabove described be vacated and all r gh West Memphis, Hrkansas, and of the public generally therein be released, vacated and abandoned. RESPECTFULLY SUBMITTED, this ,nth day of Febr~~ARIANNA73 • WALTER L. DILATUSH, D. ~nTTLLIS AND KATHERINE EVERETT, Petitioners BY SPEARS 8c SLOAN, Their Attorneys By : Ralph W. Sloan, Attorney ~QO East Broadway West Memphis, Arkansas 72301 Hearing date on Petition was set for March lst, and the follow- ing Resolution presented: ~ 5~ RESOLUTION N0. WHEREAS there has been filed with the City Council of the City of ~Tes t ~ Memphi s , Arkansas , by Walter L. Di latush, Marri arena D. Willis and Katherine Everett a petition to vacate that portion of First Street as shown on plat of 1~T. P. Horsley Addition to the City of West Memphis, Arkansas, of record in Plat Book 1 at pages ~. and 5 in the office of the Recorder of Crittenden County, Arkansas which is abutted on the west by Lots 5 and 6 and on the east by Lots 21 and 22 of M. P. Horsley Addition, and said petition prays that the City Council fix a day for the hearing of said petition. NOW, THEREFORE, BE I T FESOL~TED That said petition to close the above described portion of First Street be set down for hearing on the lst day of March, 1973 at 1:30 p.m. in the Municipal Courtroom in the City of West~Memphis, Arkansas, and that the City Clerk give notice as required by law of the hearing to be held. - Motion was made by Alderman Scott, see©nded by Alderman Dickerson: That the Resolution as presented be adopted. Upon vote, the voting was as follows : Aye : Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . ~ ~~ Mr. Abbott Widdicombe presented an ordinance for consideration of the Council to rezone property as recommended by the Planning Commission, The ordinance entitled "An Ordinance To Rezone Certain Zoned Property From RM-3 And RA. To M-l end For Other Purposes was introduced by Alderman Horton, and the City Attorney read the ordinance. Motion was made by Alderman Harris, seconded by Alderman Bentley: That the first reading of the ordinance be approved. Upon roll call vote, the voting was as follows : Aye : Aldermen : Harris , Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Dickerson, Grimsley. No : None. Mrs. Garnet Williams, 322 S. 12th Street requested renewal of permission to operate a beauty shop in her home. Inasmuch as no complaints had been received, motion was made by Alderman Harris, seconded by Alderman Payton ; That Garnet Williams be granted six month extension for operation of beauty shop at 322 S, 12th Street. Upon vote, the voting was as follows Aye: Xldermen: Harris, Hightower, Horton, Hutcherson, Payton, ~.:cott, Smith, Bentley, ickerson, and Cxrimsley, No : None . Attorney Ralph Sloan requested permission to present petition pertaining to vacating a street that had not app eared on the Agenda. Motion was made by Alderman Horton, s econded by Alderman Grimsley : That the rules be waived, and the matter considered. Upon vote, the voting was as follows : Aye; Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . Mr. Sloan presented the following Petition: PETITION TO VACATE STREET .__._ Comes the undersigned petitioner, Rolenet, Inc. and in petitioning the City of West Memphis, Arkansas, states: That it is the owner of Lots ~,, 5, b, and 7 in Block l0 and Lots 1 and 17 in Block 11 of the Wheeler Subdivision in the City of ~~,~est Memphis, as shown by plat of record in Plat Book 2 at pages 113 and 11~ in the office of the Recorder of Crittenden County, Arkansas, abutt~g upon that part of Gathings Drive hereinafter particularly described. That it is also the owner of Lots 9, 10, 11, 17 in Block ll of Wheeler Subdivision in the Arkansas, as shown by plat of record in Plat and 11~. in the office of the Recorder of Cri abutting upon the North side of that part of after particularly described. 12, 13: ltd, 15, 16 and City of West Memphis, Book 2 at pages 113 ttenden County, Hrkansas, Goodwin Avenue herein- That the owners of the land in this area caused the lands to be platted as Wheeler Subdivision in about the year 1955, anal caused to b~ recorded a plat of said subdivision as more particularly hereinabove referred to and that on said plat there is desi ~r~.ated a Gathings Drive which is 80 feet wide between Lots ~, 5, 6 wand 7 in Block 10 and Lots 1 and 17 in Block 11 of said subdivision and a Goodwin Avenue which is ~0 feet wide between Lots 9 to 17 in Block 11 of said subdivision and lands owned by the Hulbert West Memphis School District and the City of West Memphis, Arkansas; that said streets were laid off and platted on said map but said streets were never actually developed and improved as shown on said plat; that in the development of the lands owned by petitioner as above described, it is necessary that said portions of these two streets be vacated and closed and petitioner now requests such closing. That there is attached hereto as Exhibit "A" a photocopy of that portion of the plAt filed in the office of the Recorder of Crittenden County, Arkansas, which shows the streets to be vacated together with the lot numbers and block numbers of each lot which abuts upon the streets to be vacated. WHEREFORE, petitioner prays that the City Council of the City of crest Memphis, Arkansas, at its next regular meeting fix a day for the hearing of this petition and direct the City Clerk to give notice of said hearing by publication once a week for two conse- cutive weeks in the Evening Times, a newspaper published in Crittenden County, Arkansas, and having a general circulation in the City of West Memphis, Arkansas, and that upon final hearing that that part of Gathings Drive and that part of Goodwin Avenue hereinabove described be vacated and all rights of the City of West Memphis, Arkansas, and of the public generally therein be released, vacated and abandoned. Respectfully Submitted, this l~.th day of February, 1973. ROLENET, INC., Petitioner BY SPEARS & SLOAN, Its Attorneys By /S/ RALPH W. SLOAN, Attorney 500 East Broadway West Memphis, Arkansas 72301 „ .:.,„„ After discussion date of hearing was set for March 1st, and the following Resolution was read: RESOLUTI N NO .. ~5b WHEREAS, there has been filed with the City Council of the City of unrest Memphis, Arkansas, by Rolenet, Inc., a petition to vacate that portion of Gathings Drive as shown on plat of the 1r~'heeler Subdivision in the City of Jest Memphis, Arkansas, of record in Plat Book 2 at pages 113 and 11~. in the office of the Recorder of Crittenden County, Arkansas, which is abutted on the east by Lots ~., 5, 6 and 7 in Block 10 and on the west by Lots 1 -- and 17 in Block ll of said Tr~rheeler Subdivision and to vacate that portion of Goodwin Avenue as shown on said plat of said subdivision which is abutted on the north by lots 9 to 17, Block 11 of said hrheeler Subdivision and on the south by lands owned by Hulbert West Memphis School District and City of West Memphis, Arkansas, and said petition prays that the City Council fix a day for the hearing of said petition. NO~r~r, THEREFORE, BE I T RESOLVED ; That said petition to close the above described portion of Gathings Drive and Goodwin Avenue be set down for hearing on the 1st day of March, 1973, at 1:30 p.m. in the Municipal Courtroom in the City of UTe s t Memphis , Arkansas , and that the City C 1 erk give notice as required by law of the hearing to be held. ~ N\~t/ 4I l/ I\ !\ !1 I\ Ir Motion by Alderman Harris, seconded by Alderman Grimsley: That Resolution be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . Mayor Rodgers informed the Council representatives of the National Guard offered to assist the City in large or small projects as are interested in becoming involved in community action. The~Mayor expressed appreciation to the Aldermen for attendance at meeting with HUD officials, and realuested the Aldermen of each Ward to select five people to serve with them in designating priorities in their area in order to cordinate a City plan that must be filed by March 15th, Recommendations to fill vacancies on the City Beautiful Commission were presented as follows ; Ward 2 Mrs . William Dunlap ~ntard 3 Mrs . Charles Gregg Ward 4 Mrs . Wilson Wood Motion was made by Alderman Horton, seconded by Alderman Hutcherson: That the recommendations be approved. Upon vote, the voting was as follows : Aye : Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No: None. Report of meeting of the Library Board and committee pertaining to recommendation for request of appropriation of $135,000.00 for additional space was made. Items discussed at the meeting were summarized by Mrs. James R. Fall, Jr., Librarian as follows : Advantages of location of the Main Library, facilities of a full service library, population-space formula for libraries, visits to other libraries and discussions with library consultants, preliminary plans for building and parking by Magruder-Froning, Architects, advantages of $135,000.00 building program in relation to $10,000 previously approved. After discussion, motion was made by Alderman Scott, seconded by alderman Smith: That $125,000 additional be appropriated from Revenue Sharing Funds for library extension. Upon vote, the voting was as follows : Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, ~.nith, Bentley, Dickerson, and Grimsley. No : None . Mr. Lee Cramer presented Park Commission recommendation that supervision at the Eugene Woods Civic Center remain as is. Employment of additional personnel, change of work hours, comparison of cost of replacement items to number of people using building, appearance of building, authority of person in charge, and assistance of Utility Commission in electric problems were discussed. The subject of changing time of Council Meetings was discussed, motion made by Alderman Dickerson, seconded by Alderman Hutcherson: That Meeting time ~~ bereft as is . Upon vote, the voting was as follows : Aye : kldermen: Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grims leg . No : Aldermen: Harris and Hightower. The motion carried. Alderman Horton inquired as to status of traffic control lights on N. 7th Street, and was informed statistics from Arkansas Highway Department have not been received. Eddie Brawley of the Engineering Department was requested to call the manufacturer of traffic control light for the Service Road and Missouri Avenue to get approximate delivery date. Alderman Payton presented the following petition from citizens of Ward 2: PETI TI ON TO WHOM THESE PRESENTS SHALL COME PLANNING COMMISSION BOARD OF ADJUSTMENT GREETINGS The honorable Tilden Rodgers , Mayor of West Memphis , Members of the West Memphis City Council, Members of the West Memphis Urban Renewal Commission, and Members of the West Memphis Urban Renewal Agency P.A.C. Corr~mittee. We the undersigned do wish to convey our concern and opposition to the location of a Taxi Stand, located at cl7 South 9th Street, West Memphis, Arkansas. The following are just a few of our reasons for opposition: (1) This area is residential, (2) This type of business should not be allowed to remain, becuase, of (a) Parking problems, (b) Noise generated, (c) Blocking of street and increased traffic in our area. ~~ L It is our belief that the above business ne~acilibateethisted; therefore your assistance in helping us to matter i.s desperately needed. (25 Signatures ) The Council was informed the Board of Adjustment had granted a q0 day permit for the taxi stand on January l1, 1973: and the matter is under consideration. Alderman Payton requested constructive aanxliounbedpureliminary obtaining an auditorium. Mayor Rodgers P plans are being prepaid for financing the project . No further business being presented, the meeting was adjourned. ~. ATTEST • . v. . ~....- CL APPROVED: MARCH 1, 1973 ,~ YOR