October 18, 197392
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD. ON THE 18TH DAY OF OCTOBER, 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 18th day of October, 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 Aldermen:
B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley,
W. L. Harris, J. E. Hi Mower, Pritchard Horton, C. D. Hutcherson,
Ann Payton, and M. P. ~cott, and City Attorney R. L. Smith.
Absent: TTone.
The following proceedings were had to-wit:
Reading of Minutes of Meeting on October I~, 1973 was dispensed.
Mayor Rodgers announced sealed bids for sale of City of West Memphis General
Obligation Refunding And Improvement Bonds in accordance with Notice of Sale
published in the Evening Times on September 26th, October 3rd and 10th would
be received. The following bids were opened and read by Morris Fair:
Powell p Satterfield, Inc . ~.. 781857
T . J . Raney P,c Sons, Stephens, Inc .
Hill, Crawford ~C Lanford
Sullivan, Trulock & Dellingham t~.671728~
Merrill Lynch, Pierce, Fenner & Smith,
Inc. and Associates 5.t~300~
After discussionof the bids and acceptance of bid of T. J. Raney & Sons and
Associates, motion was made by Alderman Harris, seconded by Alderman Grimsley:
That A Resolution Awarding To Purchaser The City Of West Memphis, Arkansas
General Obligation Refunding And Improvement Bonds, Dated July 1, 1973, Series
A, In The Amount Of $1,500.00 be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No : .None .
The Resolution read as follows:
RESOLUTION N0. x.73
A RESOLUTION AWARIDING TO PURCHASER THE CITY OF WEST MEMPHIS, ARKANSAS GENERAL
OBLIGATION REFUNDING AND IMPROVEMENT BONDS, DATED JULY 1, 1973, SERIES A, ITT THE
AMOUNT OF $1,500,000
WHEREAS, the City of West Memphis, Arkansas (called "City"} duly advertised and now
has under consideration the sale of $1,500,000 City of West Memphis, Arkansas General
Obligation Refunding and Improvement Bonds, Series A, dated July 1, 1973 (called
"bonds" ); and
WHEREAS, the following bids were received: As opened
Powell & Satterfield with effective interest rate of I~.781857~
Merrill Lynch Pierce Fenner & Smith, Inc. with effective interest rate of 5•~300~
T. J. Raney & Sons and Associates with effective interest rate of 1~.6717~'8
and;
WHEREAS, the City has received and considered the bids;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis,
Arkansas:
Section 1. That the bid of T. J. Raney & Sons and Associates for the bonds is hereby
found and declared to be the best bid and said bid is hereby accepted, subject to
the terms and conditions of the Notice of Sale of the Hoods.
li
The East Junior High School 9th Grade Civics Class attended the Council Session.
Bids for complete communication system for the Fire Department were received ~s
follows~in accordance with Bid Notice published in the Evening Times on October 1st
and 8th:
Motorola Communications and Electronics Inc. $6513.72
General Electric $5380.00
Motion was made by Alderman Grimsley, seconded by Alderman Dickerson: That the
bids be referred to the Fire Commission, and the Commission be authorized to
award the bid. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No : None .
Mayor Rodgers announced bids for demolishing and removal of debris from nine houses
as per Notice published in the evening Times on"September 26th and October 3rd
would be received. Bid from House Movers, Inc. - Robert Karr in the amount of
$2,350.00 was the only bid received. Motion was made by Alderman Smith, seconded
by Alderman Harris: That .refer ba_d to Tay Woods, the Mayor's Administrative
Assistant and Tom Coleman, T7rban Renewal Agency Director, to check figures, and
authorize to award bid. TJpon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No : None .
Tom Coleman presented a Resolution for consideration of the Council approving
amendment No . 8 to the Urban Renewal P?_an . After di scussi.on, motion was made
by Alderman Barris, seconded by Alderman Horton: That the ,Resolution as read
by the City ttorney be adopted. TTpon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No: None.
The Resolution read as follows:
RESOLUTION N0. ~7~
RESOLITTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS APPROVING
AMENDMENT N0. 8 TO THE t?RBAN RENEWAL PLAN FOR THE WEST MEMPHIS NDP URBAN RENEWAL
AREA .
WHEREAS, the Urban Renewal Agency of the City of West Memphis, Arkansas is carrying
out urban renewal activities in accordance with the tTrban Renewal Plan for the
West Memphis NDP Urban Renewal Area, dated October 15, 1968, as amended through
Amendment No. 7, dated January 5, 1973; and
WHEREAS said approved Plan expressed an intent of introducing multi-family housing
apartments into portions of that part of the NDP Urban Renewal Area bounded by
Thompson, Seventh, Polk, and Fourteenth; and
WHEREAS the Urban Renewal Agency and the West Memphis Planning Commission jointly
have determined that the proper use of land in this district should be General
Comme~ial rather than Multi-Family Housing, and have proposed a change in the
former designation of land use in this district; and
WHEREAS the Planning Commission conducted a public hearing on the proposed change
at its regular meeting on February 28, 1973 and has forwarded its recommendation
to the City Council; and
WHEREAS the tJrban Renewal Agency has culminated the proposed change in the preparation
of Urban Renewal Plan Amendment No. 8, dated October 1, 1973, a mimeographed
document consisting of two (2) pages of narrative text and Map URP-2, Land Use and
Transportation Plan, photographically reduced and incorporated therein; and same was
considered at this me~i.ng.
~4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
1. That Amendment No. 8, died October 1, 1973, as identified above, be and is
hereby approved in all respects and that the City Clerk is hereby directed to
file a certified copy of Amendment No. 8 with the minutes of this meeting.
2. That approval of Amendment No. 8 constitutes an official revision in the
City's Comprehensive Development Plan for that portion of the City that is the
subject of Amendment No. 8.
3. That this resolution shall take effect immediately.
~-;
Tom Coleman reported concrete is to be Wired on S. 13th Street, and requested
assistance in keeping children from marking wet concrete.
A Resolution revising the Comprehensive Development Plan/1995 was read by
City Attorney Smith. Motion was made by Alderman Horton, seconded by Alderman
Scott: That the Resolution be adopted as read. Upon vote, the voting was as
follows :
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No: None.
The Resolution read as follows:
RESOLUTION NO . ~ 75
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS REVISING THE
COMPREHENSIVE DEVELOPMENT PLAN/1995•
WHEREAS, land uses in the City of West Memphis are governed by the Comprehesive
Development Plan/1995, prepared for the locality as a whole and reflected in the
Summar~r Report/West Memphis Comprehensive Plan, dated February, 1972; and
WHEREAS upon recommendation of the Planning Commission made after public hearing
properly conducted, it is desirable to revise the Comprehensive Development Plan
in order to designate and identify all land areas within the district bounded by
Thompson Avenue on the north, Seventh Street on the west, Polk Street on the south,
and Fourteenth on the east as "Commercial" land use (with the exception of the one
square block between Thirteenth and Fourteenth owned by the City for a neighborhood
facility}; and
WI~EREAS there has been presented to this meeting a map prepared for the purpose of
illustrating the proposed change in the Comprehensive Development Plan, which is a
map identified. as Map LTRP-2, Land Use and Transportation Plan, revised O~~ober 1,
1973.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
1.. That the Comprehensive Development Plan/1995 be and is hereby rev_i.sed to identify
for commercial use all land areas located in a district bounded by Thompson, Seventh,
Polk, and Fourteenth (except for the one squarA block along the south side of Broadway
between Thirteenth and Fourteenth which shall remain. as "Public's use } .
2. That attached Map URP~2, Land tTse and,Transportation Plan, revised October 1, 1973;
~s the recogn~_zed and offic-~_al Comprehensive Development Plan for the West Memphis ?SDP
Urban Renewal Axea, whose boundaries are shown on said Map URP-2, anal especially for
the downtown district described in this resolution.
3. That this resolution shall take effect immediately.
., ,~ ...~
95
A proposed Transportation Plan for the City was presented by Eddie Brawley,
who informed the Council of approval of the Plan at a public hearing at
the Marion Courthouse on September 2?~th and appraal. by the Planning Commission
on September 26th. After discussion of future plans by developers to set aside
land and plans to develop with Marion as the two cities grow, a R°solution was
regd. by City Attorney Smith. Motion was made by Alderman Dickerson, seconded by
Alderman Smith: That the Resolution as read be adopted. Upon vote, the voting
was as follows:
dye: Aldermen; Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No : None .
The Resolution read as follows:
RESOLLTTION N0. x.76
WHEREAS, the West Memphis Planning Commission, following a public hearing on
September 2~, 1973, adopted on September 26, 1973, and recommended to the
West Memphis City Council for adoption, a Transportation Plan for the City of
West Memphis and its environs;
NOW, THEREFORE, BE IT RESOLVED THAT:
The West Memphis Marion Area Transportation Plan as prepared and recommended by
the West Memphis Planning Commission be, and hereby is, adopted.
„.,
The Mayor informed the Council Attorney Ralph Sloan had al urgent zoning matter
that was not on the Agenda. Motion was made by Alderman Smith, seconded by
Alderman Grimsley: That rules be waived, and the matter presented. Upon vote,
the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
No : None .
Mr. S~$an informed the Council Heath & Scarbrough Construction Company, 106 Dover
Road/in the process of adding an addition to their office building, and when the
Zoning Plan was revised by Gassner, Nathan R~ Browne the property was designated
as residential. Inasmuch as the Council has a right to innate a change in zoning
to B-2, General Business District, the prior zoning classification, the request
was being made i.n order that construction not be delayed.
Thereupon, Alderman Dickerson introduced an ordinance entitled: "An Ordinance To
Rezone Lots 1-A, 1-B And 1-C In Block 10, Avondale Gardens Subdivision In The City
Of West Memphis, Arkansas And Declaring An Emergency", and the City Attorney read
the ordinance in full.
Alderman Hutcherson, seconded by Alderman Smith, moved that the rule requiring the
reading of an ordinance in full on three different days be susr..ended 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: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Payton, and Scott
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 Payton, seconded by Alderman Bentley then moved that the rule requiring the
reading of an ordinance in full on t~mee 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 : Sr~-i_+.h; Rent:? PST, Dickerson, "-r~.msl_ey; Harra_s, Hightower, Horton,
Hutcherson, Payton, and Scott
No : stone .
96
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 Scott, 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: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, and Scott
X10 : ~?one .
Alderman Hightower, seconded by Alderman Horton, moved that the emergency
clause be adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, and Scott
No : 1~Tone .
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. 785, and read as
follows:
ORDINANCE N~7. 785
AN ORDINANCE TO REZONE LOTS 1-A, 1-B AND l-C IN BLOCK l0, Avondale Gardens
Subdivision In The City Of West Memphis, Arkansas And Declaring An Emergency
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS that the
following described property:
Lots 1-A, 1-B and 1-C in Block 10 of Avondale Gardens Subdivision ~n the
City of West Memphis, Arkansas,
be and the same are hereby rezoned B-2, General Business District.
That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
EMERGETtCY CLAUSE:. This ordinance is hereby declared to be an emergency
measure necessary in the interest and for the promotion of the public interest,
convenience, and general welfare of the City of West Memphis and the inhabitants
thereof and for the continued growth and development of the City and this
ordinance shall be in full force and effect from and after its passage.
~c ;:--3:-3:-~~~
Mayor Rodgers informed the Council an ordinance pertaining to an Amendment
to the Subdivision Code as to plans and drainage had been prepared, but was
not on the Agenda. Thereupon, motion was made by ,Alderman Smith, seconded by
Alderman Hutcherson: That the rule be waived and the ordinance be considered.
Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, and Scott
No; None.
Eddie Brawley explained reasons for request to amend the ordinance, and it
was brought to the Councils attention the Street Committee and the Planning
Commission had approved the amendment. Alderman Grimsley introduced an
ordinance entitled "An Ordinance To Amend Ordinance No. 716, Subdivision Code,
Declaring An Emergency, And For Other Purposes~~, and the City Attorney read
the ordinance in full.
Alderman Horton, seconded by Alderman Hightower, 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: Smith, Bentley,. Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, and Scott
No: None.
97
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 Harris, seconded by Alderman Scott 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 _ts third reading. The Mayor put the
question on the adoption of the motion and the roll being called the following
voted:
Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harr~,.s, Hightower.
Horton, Hutcherson, Payton, and Scott
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 Payton, moved that the ordinance be
adopted. The question was nut by the Mayor on the adoption of the motion and
the rolll_ being called, the following voted:
Aye: Aldermen: Smith, B~°ntley, Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, and Scott
No : None .
Alderman Smith, seconded by Alderman Hutcherson, moved that Section ~, the
emergency clause, be adopted, and on roll call the following voted:
A,ye: Aldermen: with, Bentley, Dickerson, Grimsley, Harris, Hightower,
Horton, Hutcherson, Payton, anal Scott
No : TSone .
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. 786, and read as follows:
ORDINANCE N0. 786
AN ORDINANCE TO AMEND ORDII~TANCE NO. 716, St~BDIVISION CODE, DECLARING A.~T EMERGENCY,
AND FOR OTHER PURPOSES
WHEREAS, the West Memphis Planning Commission met on September 26, 1973, and
recommended certain changes in the Subdivision Regulations of Ordinance No. 716,
adopted March 2, 1972, and
Wf~ERE..gS, the proposed changes were unanimously adopted and recommended to the
West Memphis City Council for adoption,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU"ICIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS that Ordinance No. 716, adopted March 2, 1972, is amended as follows:
1. Section 3, Paragraph 3.13, Article 2, Page 13, to read: "Four (~.) blue line
prints of detailed engineering plans and profiles of sanitary sewers and storm
drainage improvements including proposed grading and/or filling for proposed storm
runoff on all lots."
2. Section 5, Paragraph 5.~1, Page 26, to reed: "All land development shall be
related to the surrounding drainage pattern with provisions made for proper storm
drainage facilities. A11 drainage facilities shall be so designed to serve the
entire drainage area.
All storm sewer manholes and function boxes shall have a manhole ring and cover
equal to Number 7 produced by the Memphis Machine Works.
All open drainage ditches, channels or bayous providing community drainage shall
have a permanent easement of at least thirty (30) feet in width measured from the
center line of such ditch, channel or bayou provided that within the easement there
shall be an unobstructed access way along either side of such ditch, channel or
bayou of at least fifteen (15) feet in width between the top of bank and the
easement line.
98
The cost of drainage facilities for streets crossing community drainage channels
shall be borne totally by the developer except in such instances in which the street
is a part of the City of West Memphis Transportation Plan or except in such instances
when the Planning Commission deems it necessary for such crossings. In such cases as
when the street is apart of the Transportation Plan or when directed by the Planning
Commission, the City of West Memphis will bear the cost of such facilities above that
for a seventy-two (72) inch diameter reinforced concrete storm sewer as determined by
the City Engineer. In instances where there are different owners on opposite sides
of such crossings, the City cost will be prorated to the developers when the property
is improved. The engineering and construction supervision shall be provided by the
developer with approval of the City Engineer.~i
3. Ordinances in Conflict. All ordinances or parts of ordinances .in conflict
herewith are hereby repealed.
~. Emergency Clause. It being found and determined by the City Council of the
City of West Memphis, Arkansas, that the present subdivision code and regulations
heretofore existing are in immediate need of modification and change in the interest
of the orderly growth and expansion a,nd the health, safety, and welfare of the
City of West Memphis, Arkansas, an emergency is hereby declared to exist and this
Ordinance shall be in full force and effect from and after its passage and approval
as required by law.
Alderman Dickerson reported the bid of Chalmers Buick Company for a trash truck
was accepted.
Alderman Smith announced a Fire Commission meeting following the Council Session.
Aldert~atn Payton inquired as to lighting at Eugene Woods Civic Center.
Alderman Hightower requested additional speed limit signs on S. 21st Street
especially in the 1st block.
Alderman Horton was informed the Arkansas Highway Department had made a study of
traffic on. N, 7th Street, and report is expected.
Requirement for security bond for house builders to protect West Memphis home
owners when rebuilding or remodeling was discussed, and referred to the City
Attorney to research the matter.
No further business being presented, the meeting was adjourned.
ti.
y. I~ / ,
YOR
ATTEST:
CITY CLERK
APPROVED: November 1, 1973