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March 1, 1973`~ t'!' {R l:. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VEST MEMPHIS, ARKANSAS, HELD ON THE 1ST DAY OF MARCH, l9?3. The Counci 1 of the City of West Memplz's , 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 lst day of March, 1973• 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, Ann Payton, M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grims ley, and ~'. L. Harris ; and City Attorney R. L. Smith. Absent: None. The following proceedings were had to-wit : Minutes of meeting on February l5th were approved as read. Alderman Bentley reported the Insurance Committee had referred the Retirement Plan bids to an independent life Actuary Agent inasmuch as three insurance men are serving on the Committee, and information will be presented later. Alderman Dickerson reported the Police Cars have been received. Mayor Rodgers announced bid notes Bulldozer, Frontend Loader, and Fire Truck had been published in the Evening Times on February 12th and 19th, and the bids would be opened as next matter on Agenda. The following bids for Bulldozer were received: Arkansas Tractor Co . ~ 2 '969 X00 J. A. Riggs Tractor Co. .3~, 35. Frontend Loader-Bids received as follows: J. A. Riggs Tractor Co . 22, x.85.00 Tri-State Equipment Co. 20,915.00 ~ 9 Hawka.ns Equipment Co . 2 , 0.00 20,895.00 Barton Equipment Co. 15,582.60 Arkansas Tractor Co . 22, 59~. • 67 ~17~9~-5.02 Motion was made by Alderman Hutcherson, seconded by Alderman Bentley: That the bids be referred to the Street Committee for review, and the Committee be authorized to -award bid. tTpon vote, the voting was as follows Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris, No : None . Bid for Fire Truck Received Snorkel Fire Equipment Co . , St . Joseph, Mo . X68, 71..00 Chief Simmons stated specifications were mailed to six companies. Motion was made by Alderman Grims ley, seconded by Alderman Bentley That the bid be turned over to Fire Commission for review and award or reject bid. Upon vote, the voting was as follows Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, Grims ley, and Harris . .~ No : None . '~I (~ ~ . tonne Ralph Sloan appeared on behalf of UraltereLueDtedtthe~ Marianna D. ~a~illiss, and Katherine ~'verett, and r q hearing to vacate a portion of First Street as advertised in the Evening Times on February 19, 1973: be adjourned until next regular meeting of the Council. Aftercherson~loThatothen by Alderman Scott, seconded he next meeting. Upon vote, the hearing be postponed until t voting was as follows: .Aye: Aldermen: Hightower, Horton, Hutcherson, sletonHa~~ost, Smith, Bentley, Dickerson, Gr1.m y, No : None . Hearing on vacating portion of Gathings DrineFebruarodl9th Avenue as advertised in the Evening Times o J' was next matter on the agenda, Aldermen Dickerson and Horton advised they had investigated the matter as in theirrQaosed.and had no objection. Mr. Robert Fallis, owner of t p p 80 apartment units, presented preliminary sentedfashfollows~~ etter from U~est Memphis Utilities was pre City Council City of Nest Memphis Re : Petition to vac ate Goodwin Ave . and Gathings Drive . Gant 1 emen It would be in the best interest of the Vest Memphis Utility Commission if the above referenced streets in block 11 of the ~r?he e ler Subdivision remained open. W'e have existing power lines , water lines and sanitary sewer lines in the Goodwin Avenue Right of way. Also, we have proposed a major water line in the Gathings Drive right of way. Therefore, in order to operate and maintain these lines, we feel the Rig~it of ~1~ay should be left open. If the Council sees fit to vacate the street, we would like to request an easement in place of the existing streets. Yours very truly, /S/ 0. P. Johnson, P.E. Superintendent- Engineer Mr. Fallis agreed to sign letter granting easement for utilities if the streets are vacated. Attorney Ralph Sloan requested due to the urgency of corr~nitment for construction that the emergency clause be enacted. Thereupon, an ordinance entitled "An Ordinance Vacating That Portion Of Gathings Drive As Shown On The Plat Of Wheeler Subdivision In The City Of Urest Memphis, Arkansas, Of Record In Plat Book 2 At Pages 113 And 11~., In The Office Of The , Recorder Of Crittenden County, Arkansas, Tnhich Is Abutted On The East By Lots I~., 5, 6 And 7 In Block 10 And ti~'hich Is Abutted On The Test By' Lots l and 17 In Block ll 0f Wheeler Subdivision, And That Portion Of Goodwin Avenue As Shown On Said Plat Which Is Abutted On The North By Lots 15, l6 And l7 In Block 11 Of Said Subdivision And On The South By Acreage Owned By City Of ,Test Memphis And Declaring An Ilnergency" was introduced by Alderman Bentley, and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Hi~.tower, 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 voting was as follows Aye : Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, ickerson, Grimsley, and Harris. No : None . ~ 1 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 p ordinance was then read the second time by the City Attorney. Alderman Harris, 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 voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None. Th.e 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 Scott, seconded by Alderman Payton 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 voting was as follows: Aye : Aldermen : Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, ~rlmsley, and Harris. No : None . Alderman ~~mith, seconded by Alderman Hutcherson moved that Section 3, the emergency clause be adopted, and on roll call the voting was as follows ; Aye : Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smz th, Bent ley, Dl ckers on, Grims ley, and Harris . No : None . The Mayor thereU.pon declared the ordinance and the emergency clause adopted and signed the ordinance, wha.ch was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 765. The ordinance read as follows: " _- ___ .. Q~I~~'"~3(~, N0. 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VIV ,9,~~1YJ 1J~1'L~.ld .tj~ ~~.14~ ~~, ~ C1 13.1V3J .E.~~ $~.Y 1?~~~/t1 ~.~. ~F SAS S~~l~Sla~t A~JD c~sa ~~ SC~H BY Acr-~. o~d,~ ~~~ cz~~~ OF ~~ST I~TFiiIS AND D~CLA~11~G AIJ ~~RG~NCY ti~ .~~AS, a petition was c1u1.y filed with the C~.ty Council. oa~ 't;he Ci-~,y ©~~ pest t~.e~rphia, Ar~.€~nsas, an I'ebx°uary l~, ~.97~, askia~ vhe City Counc~.l to vc,cate and sbcndon that portion of Gathings Drive as shown on the play. of c°~cc~.er Subdivis~.on in the city of West ° ~2~:~nphis, Arkanca3, of rocord ~.n ~'~.a• Eoo'~ 2 at pa~;e3 x.13 and 1Z~ in the office of the Recorder of Cr~.ttenclen County Aa^I~an3as, t~il3ch is abutted on the eaut by ipts ~, 5, 6 and 7 in. ~3~.oek la and th:~.e~i %3 ctiuttcd on the treat by Doty ~. ~znd 17 in Bloch 11 of ~~eoler S~,b~.~.vy- lion, sand what portion of Goodu~.~a Ave~aue as shown on said plat Wrllc~ is cbuttEd ., cn the north by Lots z5, 16 and i7 in black l1 of said subdivisi.or~ sxad ®n the sou°~~i by ccrccge owned by City of Crest A~~mphis . p ~ _i -,. ~ G+a --- -- V~ _---~ ----- _.... _ -- ,! a ~ "~ 1 Vr~ ~.i ~riL ~: ~ y .~6w.~, ~I~v ~i~4il.e.v...~. ta.... ~ t~~ Ate, ~.ftex' doe n0 ~-:~.cvs ~.a - . - the time and place mentioned in tlzc notice, heard c,ll persons ~-e: ir~.n~ to be an the uest~.on cr.~. has ascertc.~.ne3 tlz~~ tl:e port:i.onv o:i' tho streets heard q here:inbefore described harms Izereto~'ore bca~. deelicated to the public `s use e,s stree``~s lzereln descr~.be3; rra~~ not been c,ctual~.y u ed by tl~e publ~.c ~enera~.l.y for a period for at least five yoar~ subaequeut to the fil~.n~ oa' tihe p~.at; that .the owners of the p:~ op`rty abut t~.n. upon the portion: o~' thv s~:ree tv to have filed the~.r petition horeiu and Izave conccntc~- to such sbandan- be vacated • hat ublic ~.nterest and ~relfare mill not by alver e~.y af~'ec~ed by mLr~t, end t p _ --~-- . . ~- the abandonment of such scree vs . _ __. _.. __ :_ ___= I~C~T s'~'Fu~FCr2~ , F~ ~.`:~.' Cif ~s.F~~ I3Y ~F~ Cl`. Y (C"tT~C9.~ fix; ~~ Cl`~Y a: ~`~ ~T T~~ a?~'iIIS, ~,.~ti.~t~T „~,• r°~ C1ty ox~ 5;2't, I.b.:~:~,,~.~F~.:i:~ hcrcuy ~v:ic sCS,, ~racs~tcc €~n T F ~~ g ~. . ~ ~~ ~ ~ ~ U = is tlze -r~.~:z~i~3 cat" the p~:b~.:~.c generally, xn abanc~ona a.1,1 :i~c~ g4~.~~1~, -~o~,~t~.z~.:~ .,_~ f Lath4;.~s II.~~.vo a::~. Coo~.~~u ~`~vrenue ~.cacr~.bed as follo~ts: end to th~~~ por ~,~.on ~-+ ~ e ~ ~..°.e L~'" ^ J.~19.~,~i l: ~^7 u l'° ~ ~; d1 ~i ~ L.:zr'~'.. p.€.~.~ .~'r C~ ~. ~rzat port{ on + pis ~Ga~aa-~~;~ Ci;Vy o~"' ~.~.^_'' I~ n,~' ' r` d`~,~°hcns^ ^ ; • 'a° ~~ ''a Ei K~a~:t..:~ ~ c.~,.~ 9 ~~7ec~.e.~ -ubd..~ ~~ ~~Gn ~, -E:~~ A ,~ ,. - ~ '. ~^~~ ~ w~11 ~.. ~~ :i.Y1 tx~~: Gff;ice ©:~ record ~.u ~Wa~U hoo~~ ~ a~ p.~~~s ~..~~ 9 . ~ ~ a ~, ~ ~. +.s.,~Y:r~.G'Ll COZlilt~, .~.y~"=iv,tY$~~.+a~...rya, ~T~1.~C:I1 .d.iJ o:r i;~e I'~,cox~.cr ©s G.~. ~.•~, ~:~. r it3 Dlo ::~ lU and ~ t~° ~:..~ vs ~- 6 and ~ . c.T~u-~ tc1 ca '~~.~~ cos` ;~ ~` ~ ~ the t~ea~~ bar its '1 cn,3 l'~ in ~laclf ~:~. ~rnlch :~c abu~~,tvd cn w~-ion of Gos~.~.~n ~.~v~'enu~: os" Szee~.:-r S~at;d:~.ti a ,~i on, s;~d tl~~;~, po~~ ~s slza'n c~ e ~ia kla'v t~faic~.Z is G,?Jtlt"e~C:~ on tine noi~ti~~ th~ as l~ and '? `~' :%n. bloc~f "! 1 of said. Eu~acl3vi^:ioa and o 15, ~~uth by s,crea~,e o~~~ed by Gi.tJ of ~~~ -~ Y~~:mp~z3s. ~ect3.on Yi. A copy ®f the ordimanco duly Ccrt~.f~.et1 by t~ze ~,ty • ~ din e oz"f3co of ~;izQ FLcorder of Cry. ~~~en~.an County, A.r~a~s~s, Clerk ah~.l be f~.~e ~'~ F~.ar3on and recorded iu the deed r~:cord3 of a~.c1 county st I~u~r~io~. Sect~.on 111. ~;,er~ency Glsuse : 1-~ is found €,nd d.ec~.ared by the .. cal of i~he City o:c' t.~st I=~mp~is ths;c than ord~.nance ~.s n,ecevsy for . , City Coun the ~ror~h end ej~ancion of the G3ty of ~~zs~u "^ ~ph~-s; '~here~"ore, s.z em=r~ency ' Izereb declared to e..ist, and thss o:~clinance Eh^,~.1 be ~.n fu~.l force .and ~.3 y effect from and after its passae ar~3 npproyal. tidJV~~ ~~~~ ls~ C~.~~T t.+.:. L~~....'cI3 0 197 • rman Dickerson requested a method be devised to desi~n.~e°W Alde rivate drives and streets in order that the publa.c woul p the City is not responsible for mas.ntenan e. Motion was made by Alderman Scott, seconded by AldCg tainuZonedson: That an ordir~.n.ce entitled "An CrdAndnForTOtheroPurposes be read Property From ~-3 And FjA To M-1 . the second time. Upon Vote, the voting was as follows: A e : Alderman: Hightower, Horton, Hutcherson, ,~sletOnandcHarrs. y Smith, Bentley, ~Sickerson, Gr~.r y, No ; None . City Attorney Smith read the ordinance. ~ a~ Alderman Dickerson, seconded by Alderman Hutcherson moved the second reading of the ordinance be approved, U on v that voting was as follows : p ote, the Aye : aldermen ; Hightower, Horton, Hutchens Smith, Bentley, Dickerson, Gr%msletonandcoat, No : None , Y, H rri s . The Council was informed the Planning Commission had recd the rezoning of Country Club Gardens upon request of Guaranended & Real Estate Company. After discussion with Attorne Rat ty Loan representing the Company, an ordinance entitled "An OrdinanceSToan, Rezone From RA To RS-l0 Part Of The NW4 Of Section l Town ' 6 North, Range 8 East in the City Of 1n~es t Mem his A~' ship was introduced by Alderman Dickerson, and thepCit' Arkansas, the ordinance in full, y ttorney read Alderman Scott seconded by Alderman Smith, moved that the first reading of ~ the ordinance be a r Upon ro~.l call, the voting was as follows: pP Quad. Aye : Aldermen : Hightower, Horton, Hutcherson, Pa ton Sc Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Preliminary Plat of Country Club Gardens was presented with recommendation of Planning Commission as to approval. After discussion, motion was made by Alderman Smith, seconded b Alderman Hutcherson. That the Preliminary Plat be a roved subject to approval of City Engineer. Upon vote, thepvotin wa as follows : g s Aye: Aldermen: Hightower, Horton, Hutcherson, Payton Scot Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Mayor Rodgers informed the Council of plans to obtain Federal financial assistance toward development of an overall com re- hensi ve management plan for the City; that Don Manes & Associates will develope the plan provided under Section 701 of Housin patinf 1984p The cost would be $2,000, the Federal Government Y~ g $ , 00 and the City s $6,000 would be contributed b in-kind services of city employees in lieu of cash contributions The proposed Resolution was read by City Attorney Smith. After discussion, motion was made by Alderman Bentley, seconded b Alderman Horton: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Hi ghtower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . F.ES OLUTI ON NO . t~~7 WHEREAS, it is the desire of the City of West Memphis to obtain Federal financial assistance toward the development of an overall comprehensive management plan for the City of West Memphis , and WHEREAS the Arkansas Planning Department, as the Mate agency responsible for the administration of planning and management assistance progrms, can provide planning services through a Planning Assistance Grant as provided for under Section 701 of the Housing Act of 195-, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST MEMPHIS , ARKANSAS : r -: k .~ ~~ Arkansas hereby requests l . The City o f Wes t Memphis , make application for a t o the Arkansas Planning Department Federal Planning Assistance Grant. authorized to act 2. The Mayor of our City is hereby aration and sub- p for and in behalf of ,said nstasideemed nepessary or advis- ission of such applicatio n m able toward obtaining financial assistance to ae ufedhe City e management pl n o i v preparation of the comprehens of West Memphis. . Thi s Counc i 1 hereby adopt s the _ Wo rk Pro gram which lication where planning assistance grant _ f is a part of an app ' s rovided for under Section 701 of the Housing Act of 195-, i p as amended. ~.. The City Council hereby authorized the asharerforion of funds necessary to provide the local matching the Program identified in Section 3 above, said local funds not to exceed X6,000, and said local funds toabh pontrdibutions. the form of in-kind services in lieu of any c s Mayor Rodgers presented plan for, enforcement of ordinances pertaining to o s by the employing a X5-30 year old man to ite Summons/~g~g owners in violation of the ordinances to wr An old police car with Court, and remove abandoned cars. radio would be used, some type of uniform would be worn, and the salary ~l~00.00 per month. Mr. Wyatt, the present dog catcher, will have duties of maintainance of the dog pound, picking-up dead dogs and catsAfter discussion,rmotion directed by the Police Department. was made by Alderman Scott, seconded by Aldee em loied. Upon an additional man for small animal control b p y vote, the voting was as follows A e: Aldermen: Hightower, Horton, Hutcherson, Paytonandcott, y Smith, Bentley, Dickerson, Grimsley, Harris. No : None . Audits for 1972 were distributed for study, and discussion with the Auda.tor on March 15th. The Mayor announced the ~njard Priorties Commeata.tsa meeting and their recommendations would be consid of Aldermen, the meeting date was set for Tuesday, March 6th at 4 :00 p .m. The Mayor brought to the Council's attention the importance of having a recorder for use at Council, ~ tersof Thereumon, Planning Commission Meetings, and other m t P motion was made by Alderman Horton, Sedcforerecordingrfrom Grims ley : `That a machine be purchas e Revenue Sharing Funds . Upon vote, the voting was as follows : Aye : Aldermen : Hightower, Horton, Hutcherson, Payton., Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Mrs. James Lantrip, representin the ti^jeadditional fvndstfor~ sted assistance to obtain 315.00 . reque purchase of a piano to be used by ~Ve phelCitatmake a gene Woods. Civic Center. Rather than h J' commitment on the matter, alderman Billy S~mhothernsources. to ~ ~. make an effort to obtain the funds fro ~e~. Mayor Rodgers announced Awards for City Employees will be presen~d at 7:00 p.m. March 15th at Eugene Woods Civic Center, and extended an invitation to the Aldermen and their families . Mr. Ken Thomas, representing. St. Michael t s Catholic Youth Organization, requested permission for a King Brothers circus sponsored by the Organization to be Veld on. Shopping Way Blvd east of Guaranty Loan & Real Estate Co. Building. Mr, Thomas was advised the permit would have to be obtained from Board of Adjustment. In order not to delay the matter due to publishing notice requirements motion was made by Alderman Bentley, seconded by alderman Grimsley : That the Council recommend to the Board the permit be approved. Upon vote, the voting was as follows : Aye; Aldermen: Hi ghtower, Horton, Hutcherson, Payton, Scott, Sml th, Bentley, Dickerson, ~rimsley, and Harris. No : None . _ Alderman Hightower expressed appreciation of the citizens of the southeastern section of the City for safety devices installed. Report of efforts to obtain information on delivery of traffic control signal for N. Missouri and Service Road was made by Eddie Brawley of the Enginering Department . Mr . Brawley was instructed to cancel order if could not receive a shipment date, and try to obtain through another manufacture . Alderman Horton brought to the Council's attention complaints of air pollution from the Temple Gypsum Plant, and requested progress report on c~.earing the junkyard on 5th Street. Mr. Bill Cooper of the Inspection Iepartment stated a 10 day notice to clear the junkyard had been issued. No further business being presented, the meeting was adjourned. ATTES ,~ CITY RK APPROVED: MARCH 15, 19?3 6 ~ ~r-~, ~°~ ..~.. >:. ~~.