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May 16, 1974~~ MINUTES OF COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MAY 16, 1971 The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m., on the 16th day of May, 197. The following were present: Mayor Tilden Rodgers; City Attorney Robert Smith; and Aldermen: Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, Ann Payton, B . G . Smith, and R . T . Bentley . Absent: Alderman M. P. Scott. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on May 2, 19?!~, were approved as read. Alderman Smith, Chairman of the Street Committee, reported contract awarded to Warren Brothers Company in the amount of $1.5~, 900.00 for the 19?l~ Asphalt Program. Alderman Bentley, Chairman of the City Hall Building Committee, brought to the Council's attention efforts to obtain Federal Funds through Civil Defend=: Agency in connection with the building program. Mayor Rodgers announced hearing on vacating unnamed street bounded on the west by Lot 1 in Block 3 and on the east by Lot 1.l~. in Block 2, Worthington Park Addition in accordance with Notice published in the Evening Times on May 6th and lath. Attorney Ralph Sloan appeared on behalf of the petitioners and presented signed Consents of abutting property owners ;~.homas J. and Darlene J. Mathews, and James E. and Margaret Hi.mes. No one appeared to object to vacating the street. Attorney Sloan informed the Council the street is short from North Worthington Drive to the drainage ditch, and easement would be reserved for the City. An ordinance was introduced by Alderman Payton, and City Attorney Smith read the ordinance. After consideration, motion was made by Alderman Bentley, seconded by Alderman Smith: That expunge the record pertaining to introduction of ordinance in order that section pertaining to City easement.be added. Upon vote, the voting was as follows : Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, Smith, and Bentley. No : None . The Mayor announced that this was the time set for hearing protests, objections and suggestions concerning Ordinance No. 806, adopted and approved May 2, 19?~., concerning the issuance of Public Utility Revenue Bonds authorized and ordered issued thereby. The Mayor also stated that a copy of the Ordinance, together with notice of the adoption thereof, the contemplated issuance of the bonds, and of the meeting on this date for hearing protests had been duly published as required by law. He then called upon anyone present who desired to do so to present protests, objections or suggestions. No one appeared to protest, object, or present suggestions. Mr. and Mrs. Edward Scroggin.. and their Attorney, Jake Brick, appeared to request privilege license for Mrs. Rita Scroggin to operate a "selection sheetn business to be known as Double Key Selections as the business is not specifically listed in the privilege license ordinance. Operation of the business, requirements of the State Racing Commission, and operation of Southland Track were discussed. An ordinance pertaining to the matter sas read by City Attorney Smith, and action on the ordinance held in abeyance. Mayor Rodgers informed the Council of the expiration of term of office of Utility Commissioner Jimmy Spotts. Aldermen Dickerson and Horton commended the work of Commissioner Spotts, and brought to the Councils attention Ward ~ does not have a representative on the Commission. After consideration motion by Alderman Dickerson, seconded by Alderman Horton: That Mr. Lynn Stanfield, 1611 E. Barton be appointed to the Utility Commission. Motion by Alderman Bentley, seconded by Alderman Hutcherson: That nominations case. Vote on the motions was as follows: Aye: Aldermen: Dickerson, Grimsley, Haxris, Hightower, Horton, Hutcherson, Payton, ~Smi.th, and Bentley. No : None . Mayor Rodgers was requested to send letter of commendation to Mr. Jimmy Spotts. Mr. Tom Coleman, Executive Director of the Urban Renewal Agency, presented a Resolution requesting approval of Neighborhood Development Program Annual Increment, and filing of application for financial assistance for the Neighborhood Development Program, Program No. Ark A-l. Mr. Coleman informed the Council the sum of $261, 000 is being requested for constructing 8 additional blocks of concrete streets and overlay of intersections in the 13, 11~, and 15th Street areas. After discussion of work being performed and future plans of the Urban Renewal Agency, the Resolution was read by City Attorney Smith. Thereupon, motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That the Resolution as read be approved and adopted. Upon vote, the voting was as follows : Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, Srni.th, and Bentley No : None . The Resolution adopted read as follows: RESOLUTION N0. i~87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS APPROVING NEIGHBORHOOD DEVELOPMENT PROGRAM ANNUAL INCREMENT, AND FILING OF APPLICATION FOR FINANCIAL ASSISTANCE FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM, PROGRAM N0. ARK A-1 WHEREAS, under the provisions of Title I of the Housing Act of 19i~9, as amended, the Secretary of Housing and Urban Development is authorized to provide financial assistance to local public agencies for undertaking and carrying out Neighborhood Development Program; and WHEREAS it is provided in such Act that contracts for financial aid thereunder shall require that the Urban Renewal Plan and Amendments thereto for the urban renewal area comprising the Neighborhood Development Program be approved by the Governing Body of the Locality in which the area is situated and that such approval include findings by the Governing Body that: (1) the financial aid to be provided in the contract is necessary to enable the Program to continue and be undertaken in accordance with the Urban Renewal Plan, as amended; (2) the Urban Renewal Plan, as amended, will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; C3) the Urban Renewal 1'.hn., as amended, conforms to the General Plan for the development of the locality as a whole; and (~) the Urban Renewal Plan, as amended, gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS it is desirable and in the public interest that the Urban Renewal Agency of the City of West Memphis (herein called the."Local Public Agency") undertake and carry out an extension to the current increment of the Neighborhood Development Program (herein called the "Program") identified as the West Memphis Neighborhood Development Program, Ark A-l, and encompassing one area in the City of West Memphis, State of Arkansas (herein called the "Locality"), which area is the West Memphis NDP Urban Renewal Area, whose boundary description remains the same as described in Resolution No. 35l~, adopted by the City Council on December 19, 1968, in connection with the origianl Neighborhood Development Program Application and the Urban Renewal Plan therefor; and WHEREAS the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the unde~a.IQng of, and for making available additional financial assistance for, the Program; and WHEREAS the Local Public Agency's Amendatory NDP Application is dated May 1.1~, 197, and was presented to this meeting of the City Council and same was reviewed; .. WHEREAS the last Amendment to the Urban Renewal Plan for the NDP Area has been approved by this Governing Body; and the Amendatory-NDP Application does not contain an additional Urban Renewal Plan Aemdnement; and WHEREAS the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal activities and undertaking with Federal financial assistance under Title I, including those prohibiting discrimination because of race, color, creed or national origin; and WHEREAS it is recognized that the NDP Urban Renewal Area continues to be subject to the requirements of Section 105 (h) of the Housing Act of 199 as amended; and WHEREAS the Governing Body is desirous of continuing renewal activities in the NDP Urban Renewal Area under a locally designed community develop- ment strategy to be prepared in response to the enactment of pending special revenue sharing legislation, and, therefore, is desirous of extend- ing the current NDP Action Year for an additional six-month period, or until January 1, 1975, at which time it is anticipated that special revenue sharing funds will become available: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: 1. That the previous determination of Resolution No. 35~. respecting structural and environmental conditions in the urban renewal area at the time urban renewal activities were initiated is hereby reaffirmed. 2. That it is hereby found and determined that the Urban Renewal Plan continues to be in conformity with the General Plan of the Locality. 3 . That i t hereby assures the Secretary of the Department of Housing and Urban Development that the City of West Memphis desires to continue the Neighborhood Development Program through an extension to the current annual increment as provided pursuant to the contract or contracts for Federal financial assistance pertaining to the Neighborhood Development Program. ~.. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contracts for Federal financial assistance pertaining to the Program is necessary to enable the Program to be undertaken in accordance with the Urban Renewal Plan, as amended, for the urban renewal area comprising the Program. 5• That additional financial assistance under the provisions of Title I of the Housing Act of 19l~9, as amended, is necessary to enable the land and the area comprising the Program to be renewed in accordance with the Urban Renewal Plan, as amended, for the Program, and accordingly, the proposed program activities and extension to the current annual increment, as included in the Amendatory NDP Application, dated May 11~, 1971, are approved and the Local Public Agency is authorized to file the Application for additional financial assistance under Title I. 6. That it hereby assures the Secretary of the Department of Housing and Urban Development that the City of West Memphis will comply with the requirements of Section 105 (h) of the Housing Act of 19.9, as amended, in the provision of standard low- and moderate-income housing units at least equal in number to the number demolished or removed by Neighborhood Development Program activities in the NDP Urban Renewal Area, which are occupied by low-and moderate-income families and individual householders. Mayor Rodgers informed the Council an ordinance had been prepared for consideration pertaining to installation and maintenance of electric wire, and tY~e licensed electricians are in favor of the ordinance . After discussion with Electric Inspector Egbert, the ordinance entitled "An Ordinance Regulating The Installation And Maintenance Of Electrical ~ilire And For Safeguarding Life And Property In The City Of West Memphis, Arkansas" was read by the City Attorney upon introduction by Alderman Bentley. Roll call vote on the first reading of the ordinance was as follows : Aye: Aldermen Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No: None. Request for permission to advertise for street work on portions of W. Barton, Pearce, and Rich Road was made by the Mayor. Thereupon, motion by Alderma Smith, seconded by Alderman Hutcherson: That the Mayor be authorized to advertise for bids for street work. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No : None . Application of Mrs. Rita Scroggin was brought to the attention of the Council, and Alderman Payton introduced an ordinance pertaining to the matter that was read by the City Attorney. During consideration, motion was made by Alderman Harris seconded by Alderman Hightower: That expunge the record as to introduction of the ordinance, and authorize issuing of privilege license under unclassified business $50.00 license for operation of selection sheet business to be known as Double Key Selections subject to passage of ordinance. Upon vote, the voting was as follows: A,ye: Aldermen: Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No : None . A Resolution designating the East Arkansas Criminal Justice Advisory Planning Council as the Regional Criminal Justice Planning Agency for the City Police Department was read by City Attorney Smith. Chief of Police Romines elaberated on the operation of the Council. Motion was made by Alderman Bentley, seconded by Alderman Hutcherson: That the Resolution as read be adopted. Upon vote, the voting was as follows : Aye: Aldermen: Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No : None . The Resolution read as follows: RESOLUTION N0. l~88 A RESOLUTION DESIGNATING THE EAST ARKANSAS CRIMINAL JUSTICE ADVISORY PLANNING COUNCIL AS THE REGIONAL CRIMINAL JUSTICE PLANNING AGENCY CHARGED WITH THE DUTY OF PLANNING FOR THE CITY OF WEST MEMPHIS, ARK. IN COMPLIANCE WITH THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 OR SUCCESSOR LEGISLATION PASSED BY THE UNITED STATES CONGRESS: AND FOR OTHER PURPOSES. WHEREAS, the United States Congress on June 19, 1968, passed the Omnibus Crime Control and Safe Streets Act the purpose of which was to assist states and local units of government in strengthening and improving the criminal justice system; and, WHEREAS, any local politicial subdivision desiring to obtain funds under the Crime Control Act must first participate in comprehensive Criminal Justice Planning as herein described; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. In accordance with the purposes and intent of the Omnibus Crime Control and Safe Streets Act of 1968 or Successor Legislation as formulated for the State of Arkansas by the Arkansas Crime and Law Enforcement Planning Division, State Department of Planning, the City Council of West Memphis, Arkansas, do hereby agree to participate in regional planning activities as designated by the Arkansas Crime and Law Enforcement Planning Program, State Department of Planning and assign all planning funds, to which we would otherwise be entitled, to the East Arkansas Criminal Justice Advisory 'planning Council. Section 2. This Resolution shall be in full force and effect from and after its adoption until rescinded. Mayor Rodgers informed the Council recommendations for appointments from the City Beautiful Commission were received after the Agenda was prepared. Motion was made by Alderman Bentley, seconded by Alderman Grimsley: That the rule be waived, and the appointment recommendations considered. The following recommendations were presented: Ward 1 - Mrs. H. G. Lanford, 52o W. Cooper Mrs. E. B. Miller, 215 E. Danner Ward 2 - Mrs . Parker Eubanks, l~12 Tulare Ward ~ -Mrs. Robert Law, 70~ N. McAuley Circle After discussion, motion by Alderman Smith, seconded by alderman Bentley: That the appointments be approved as recommended to the City Beautiful Commission. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No: None. Mr. Bob Fallis and Attorney Ralph Sloan requested clarification on zoning requirement for Southern Lamp Company, a business contemplating moving to West Memphis on S. Service Road in building previously occupied by Superior Plumbing Company. After discussion with Building Inspector Avery as to interpretion of requirements for B-2 Zone, business conducted by the company assembling lamps, and the location of the building, motion was made by Alderman Horton, seconded by Alderman Smith: Clarification of ordinance to permit Southern Lamp Company occupy building, applies to business conducted by Southern Lamp Company only. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Harris, Hightower, Horton, Hutcherson, Payton, Smith, Bentley, and Grimsley No : Alone . Alderman Grimsley inquired as to removal of stop-signs. City Engineer Brawley explaa.ned safety factor involved. Alderman Bentley requested the Engineering Department inform Alderman when changes are to be made in a Ward. Alderman Horton inquired as to cutting grass on ditch banks. Alderman Harris presented complaints as to Police Department, and the matter referred to Police Commission meeting after Council meeting. Alderman Payton inquired as to completion of Jackson Street on S. side between Avalon and Woods, and discussed matter with City EYiginner Brawley as to weather conditions. Alderman Smith requested information on ambulance service, and the Mayor stated MATCOG is working on the matter. There being no further business, the Council adjourned. ATTEST : ~" CHARLES F. DE , CI CLERK .~~~ /~ TILDEN RADGERS~ MA APPROVED: JUNE 6, 197