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September 5, 1974~~, MINUTES OF COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON SEPTEMBER 5, 197l~ 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 5th day of September, 1971. The following were present: Mayor Tilden Rodgers; City Attorney Robert Smith, and Aldermen: M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, J. E. Hightower, Pritchard Horton, and C. D. Hutcherson. Absent: Aldermen Payton and Harris. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on lint--~, 197t~, were approved as read. Mayor Rodgers announced bids for die proposed City Hall wfluld be received in accordance with Bid Notice published in the Evening Times on August 21, 28th, and September 1~th. The bids were read by Architects Magruder-~~nd Froning, the base bids were as follows: James Taylor & Sons $351,071.00 Heath & Scarbrough 361,x.51.00 Natomas Dev. 378,000.00 J . E . Cobb 1132, 000.00 W & W Construction Co. 393,800.00 The bids were taken under advisement, and a meeting of the City Hall Building Committee requested by the Architects for September 6th to review the bids. Bids for Electronic Surveillance Equipment that were referred to the Police Commission were approved and will be sent to LEAA for final approval. Alderman Bentley, Chairman of the Committee, to work with the Utility Commission reported on meetings with Aldermen Dickerson, Horton, and Smith, Miss M. Woolfolk, and Mr. P. G. Para; and requested waiver of rules to consider a resolution. Notion by Alderman Scott, seconded by Alderman Hutcherson: That the rule be waived and the resolution presented. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Sm3.th, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . City Attorney Smith read the resolution. After consideration Alderman Smith, seconded by Alderman Hutcherson, moved the resolution as read be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . The resolution read as follows: t ° ., , , e~ RESOLUTION N0, ~ '-~" WHEREAS, the increase in the utility rates in West Memphis, Arkansas, caused by the increase of the fuel cost adjustment charged by the Arkansas Power and Light Company has caused our citizens near economic disaster, AND WHEREAS, it being the responsibility of the West Memphis City Council, who are elected officials of the City, to relieve the burden, ~~Thich if continued, will force curtailment of electrical energy for which we are dependent to sustain a normal way of life, AIVTD WHEREAS, we have no other alternative but to appeal to our State and Federal Governments for their help to relieve the citizens of West Mer~~.phis from the crisis of high utility rates, AND WHEREAS, it is believed that certain State and Federal Regulations and Restrictions may be modified to give this relief, Al~TD ,r WHEREAS, the West Memphis City Council find themselves in a position for not knowing who else to appeal to; THEREFORE, BE IT RESOLVED THAT: 1. The Federal Power Commission, Washington, D. C, be urged to use their efforts to allow natural gas to be used as a means to manufacture electrical energy by Arkansas suppliers. 2. That fuel oil prices be checked to determine if the in crease in prices is justified on a basis of manufactured costs. 3. That Environmental Protection Agency restrictions be modified to allow reduced costs in the manufacture of electrical energy. ~-. That a copy of this Resolution be sent to the following: The Honorable John L. McClellan, United States Senator. The T~onorable J. William Fulbright, United States Senator. The Honorable Wilbur D. Mills, United States Congressman. The Honorable William D. Alexander, United States .Congressman. ~.. ~~~' The Honorable Ray Thornton, United States Congressman. The Honorable John Paul Hammerschmidt, United States Congressman The Honorable John N. Nassikas, Chairman, Federal Power Commission. The Honorable Pat Moran, Chairman, Arkansas Public Service Commission. The Honorable Dale Bumpers, Governor of the State of Arkansas. The Honorable David Pryor, Governor-Elect of the State of Arkansas. The Honorable John C. Sawhill, Associate Director for Natural Resources, Energy, and Science. Alderman Bentley informed the Council of the Committees discussions and recommendations as follows: 1. Level-Billing System be made available on a voluntary basis to West Memphis customers. It is reconmiended ghat a similar sys~m be used as is off®red by Arkansas Power & Light Company to City of Marion customers. 2. That a written procedure and policy be established for bidding on supplies purchased, and written procedure established concerning quotation of prices on non-bid items. 3. As apart of internal inv®tory control that a written procedure and policy be established to have a completed job inspec~i.on by departmental superintendents that would serve to verify the use of materials drawn from inventory by workmen. Alderman Scott, seconded by Alderman Dickerson moved that Council recommends to the Utility Commission adoptionf; of the recommendations. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . Mayor Rodgers announced bids for Police Car and Building Inspector's car would be received in accordance with Bid Notice published in the Evening Times on August 22nd and 29th. The following bid was received: Tom Gibson Ford, Inc. 1975 !t-DR Sedan $1~, 058.8l~ Alderman Grimsley, seconded by Alderman Scott moved that the bid be turned over to Police Commission to canvass and award the bid. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No: None. Bids for trash truck as published in the Evening Times on August 13th and 20th were received as follows: Chalmers Buick Co. l~ Ton GMC $6,910.17 Hudson-Rook Oldsmobile International 6,x.83.00 Tom Gibson Ford l~ Ton ?,035.58 Alderman Hutcherson, seconded by Alderman Smith moved that the bids be canvassed by the Sanitation Committee, and the Committee be authorized to award the bid. Upon vote, the voting was as follows: lye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . ~~ Bids for truck chassis, refuse collection body, hydraulic packer, front load system, and 100 Refuse containers in accordance with Bid Notice published on August 5 and 12th in the Evening Times were re ceive ~:~ as follows Hudson-Rook Oldsmobile International Diesel C . 0 . F . 1950B $21, 3?t~ . 00 Memphis [nTh7.te Trucks, Inc. 29,55-•55 whitington TrucI~s, Inc. 33,306.7 Sanitation Equipment Ir~c. ~0 - ~. cu yd. Containers $272.75 Each D? 3,537.50 50 - G cu ~Td. Containers ~~7 . ~0 Each, 17, 375. ~J~") Hawkins Equipment Company Pak Mor Front Loading Refuse Body $11,795.00 50 - ~. cu yd. Containers 320.00 Each 50 - 6 cu yd. Containers 103.00 Each Scruggs Equipment Co. 33 cu yd New Heil Front Loader $15,l~10.00 Alderman Grimsley, seconded by Alderman Hutcherson moved that the bids be canvassed by the Sanitation Committee and the Committee be authorized to award the bid. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No: None. Assistant Fire Chief Jerry Chapple reviewed the Law Enforcement Assistance Actninistration Grant and training received by Officer George Craig and i~.i.msitf . Bids for Bomb Disposal Equipment in accordance with Bid Notice published in the Evening Times on August 22nd and ~~th were recei~d as follows: Mid-South Police Supply, Inc. Davis Bomb Blanket $ltt9.5~ Davis-Acoust Sensor 595.00 " 395.00 Gas Gun 13l~.00 Bendex 2,150.00 Cummings ~-Ray Company Portable Z-Ray Unit 1,802.50 Tom Gibson Ford 1975 Station Wagon x.,576.97 Protective Materials Co. Bomb Blanket 130.00 Bomb Trailer 5,275.00 Protective Devices Corporation Trailer 6,900.00 Complete System 10,325.00 Basket System 2,110.00 Power x Corporation Ray Unit 2,175.00 Federal Laboratories, Inc. Gas Gun Each 99.00 Burlington Industrial Fabrices Bomb Blanket 330.00 Picket Corporation ~ Ray 920.00 Collie Custom Welding Bomb Trailer 1,x.00.00 Motorola Inc. Solid State Mobile Unit 932.00 Portable Radio Units 1,318.50 ::t.~,. After consideration Alderman Grimsley, seconded by Alderman Horton mov~ed~..*' that the bids be referred to Mr. Jay Wood, Assistant Chief Chapple and Officer George Craig to canvass and submit to LEAA for approval.. Upon `.~ vote, the voting was as .follows: ,i Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, .~: Horton, and Hutcherson ``~~ No : None . .: An ordinance entitled "An Ordinance Requiring All Building Contractors To~~N Post A Bond" read the first time on August 1st and the 2nd time on ;- -<- August 15th was read the third time by the City Attorney. Alderman S+~i.th;~'~:' seconded by Alderman Hutcherson, moved that the ordinance be adopted. ~v-: question .was put by the Mayor on the adoption of the motion and the roll ~-: being called, the following voted: s_ Aye: Aldermen: Scott, Smith, Bentley, Dickerson, 8~ghr, Horton, and=G~ ter; Hutcherson ~ ~ - ' `" No: None.- Alderman Grim,sley was not present in Council (umber The Mayor thereupon declared the ordinance adopted and signed the ordina which was attested by the City Clerk and impressed with the seal of the C The ©rdinance was given No . 812 and read as follows ~.. i - ORDINANCE N0. 812 A~~3~ C SDI=~-_^_` C~ ~~O,L ~ ~ T ~'~~ G ALL BUILDING CO?~~~~.~,'~'G~S 'i.'0 FvST A DOi'~D l~' :~~;Dy OFLDAI~i~J 3.' i~`?~ C ±`±'~~ COu"vi,?L G.' '`t~F CITY OF Sec-~~~ - =j s~ w= ~e ~:~.r~lawx"'ul for any person, firm, association, or cc:r~-~ ~__~,,n .~- s mart Gr do any building within the corporate limits v~ _____ ~_~~~ _~ ' -A~est Memphis, Arkansas, without first posting. ~ ~ end -r whe -...~o~.~nt of One Thousand and No/100ths Dollars (~l,OUO. ~ ~ , sig.=~µ ~y ~ yonding company authorized to do business in the State of ArKans~.s, and shall be conditioned that the Contractors shall cow ~y with the Ordinances of the City of West Memphis, Arkansas, and the rules and regulations regarding buildings or work on buildings of any kind, and agree to indemnify and save harmless the City of West Memphis, Arkansas, and all persons from all damages or loss caused by the negligence by dim, his servants, or his employees, or for failure to complete work satisfactorily. The bond shall expire the 31st day of December of each year and' be renewed from year to ~ year. Said bond shall be filed with the City Clerk and made payable to the City of West Memphis, Arkansas. Section 2. Penalty. Ar_y person, firm, association, or corporation. who shall violate any of the provisions of this ordinance or fail to comply substantialljr therewith shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than Fifteen and No/100ths Dollars (15.00) for any single offense or violation, and not more than Fifteen and No/100ths Dollars (15.00} for each day that the same may unlawfully continued. 1!4 Alderman Hutcherson moved. that "An Ordinance To Resone Part Of The S~ Of Section 6 And Part Of The Ni Of Section 7, Township 6 North, Range ~ East, More Particularly Described As Follows: Beginning At A Point In The Center Line Of Missouri Street, Said Point Being 185 Feet More Or Less From The Intersection Of The Center Lines Of Missouri Street And Dover Street: Thence East 266 Feet More Or Less To A Point; Thence Northwest 800 Feet More Or Less To A Point; Thence East 200 Feet More Or Less To A Point; Thence East 13.5 Feet More Or Less To A Point; Thence Southeast 1210 Feet More Or Less To A Point; Thence West 656 Feet More Or Less To A Point In The Center Line Of Missouri Street; Thence North Along The Center Line Of Missouri Street 1005 Feet More Or Less To The Point Of Beginning~~ be read the second time . City Attorney Sanith read the ordinance. Alderman Scott, seconded by Alderman Dickerson, moved that the second reading be approved. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Hightower, Horton, and Hutcherson No : None . Alderman Dickerson introduced an ordinance entitled f'An Ordinance To Amend Ordinance No. 715 Of The City Of West Memphis, Arkansas; To Excluse Sign And Commercial Advertising Within Certain Areas Of The City T.imits Of West Memphis, Arkansas, Declaring An Emergency And For Other Purpsoest~ 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 fu~].l 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: Scott, Smith, Bentley, Dickerson, Hightower, Horton, and Hutcherson No : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council hawing 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 Bentley, seconded by Alderman Scott then moved that the rule requiring the reading of an ordinance in fill on three different days be f~a.rther 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: Scott, Sm3.th, Bentley, Dickerson, Hightower, Horton, and Hutcherson No : None . The Mayor declared that at least two-thirds of all members elected to the Council having voted i.n 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 Horton, 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: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . Alderman Grimsley, seconded by Alderman Dickerson, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Scott, S1mi.th, Bentley, Dickerson, Hightower, Horton, Grimsley, and Hutcherson 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. 813. The ordinance read as follows: < _ I ,~~'~ yzs: ,r. ~- „ S.. _. r~.,G ~~Y t .rn. ~A aL,`:. ,' t a ~~ ~ CP,..~~i ~~~~ANCE NO . Vii! ~% AItiT ORDINANCE TO AI~~ND OF~DTT•_~ *~~ CE =~-~ _ r ~ 5 OF THE CITY OF WEST NEI~'P1 HI ~~ , AP-~~=.-~=-= TO E~CI-UDE SIGN AND COl~~~~RCT AL ~= .~ =-~'IiST~TG ~~7ITHIN CEPLTAIN AkEAS OF TTiE C I 1 ~ I.=~•..:~.~"S OF 'TEST i~T~'HIS, ARKATSAS, DECLARI}G ~~`s ET~RGENCY AT1D FOR OTHER PURL OSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or T~TEST T~~=~~.PH1S, ARKANSAS: Section 1, Sect~+.on 8-2 of Ordinance T~To . 715 of the .City of West Memphis, Arkansas, is hereby amended to exclude sign advertising, commercial, and as a per~.itted use in the B-2 and T•'T-2 Zoning Districts o.f the C~_ty of ~:~est h'~emphis, Arkansas . Section 2. Section 9.2121 of Ordinance No. 7l5 is repealed. Section 3. It is the intention of this ordinance to prohibit future construction ~,~Tithin the City Lirni is of the City of ~~~est T~~emphis, Arkansas, sign advertising as defined in Section 15 of Ordinance No. 735 of the City of West Memphis, Arkansas. It is not the intention of this ordinance to prohibit sign advertising on a lot which directs attention to a commodity, service, or entertainment that is sold on the~~lot on which a business is located. Section ~-. ~ Penalty. Any person, firm, association, or corporation found guilty of violating any of the provisions of this ordinance shall be subject to a fine in the amount of not less t'nan Fifteen and No/100tn.s Dollars (15.00) nor _~re than Twenty-Five and No/100ths Dollars ($25 . CO) , and each da.:- suc'r_ violation exists stall constitute a separate offense . Section 5. Emergency Clause . It bey ~_~ = c-__Y~~ aY u ~~ ~-ermined by. the City Council of the City of West r~"~-~~`~~~is, _=r=_~~ = a.s :%~iat t.~.ere is an immediate need for this orc~.~tiY:;.= . ~_ ~__Y _-_- -- . f j~3est i~emphis, Arkansas, an emergency z s ~ ere .- .~ c } e:r •. :: ` yxi st . - .: and this ordinance Shad l be~ _n rul~_ fcrce s.nd effect "rc_ =°~?1 a= ~e~ its passage and a~~rc :gal. -- .. Mayor Rodgers informed the C©uncil Mr. Jim Hale, Jr., Mrs. Elizabeth Graziosi, ..and Mr. Bob Kyle, owners of Lot 1, Block 9, Thompson 2nd Addition - 512 Pine Street, had appealed the decision of the Planning Commission on Asst 28, 1971, denying application for rezonz.ng the property from RS6 Residential to B-2 eral Business. The followin A .~~..~.._w_..,....~..b.__.. __.... - - - ~~_,,.g..._.. PPlipa#,~.~~.~Fczr.. _.Cl~aage_....?~._.Zonz.ng..(APpea1) ,was. _ filed by Mr. Jame~pt~~CiA~ON FOR CHANGE IN ZONING (APPEAL} On July 31, 1974, Bob Kyle, Elizabeth Graziosi and Jim Hale, Jr., appeared before the West Memphis Planning Commis- sion to request that the zoning on 512 Pine Street be changed from RS-6 {Residential} to B-2 (Commercial} . This request is the same one that was denied by a 4-3 vote of the City Council on June 7, 1973, after three hearings before the Planning Com- mission and two hearings before the Council. A t the July 31 meeting of the Planning Commission, no one appeared to protest the requested zoning change. However, the Commission decided to postpone ruling on the request until a publice hearing could be held on whether or not to change the entire COMPREHENSIVE PLAN of the RS-6 area bounded by Ten A'iile Bayou, the Frisco Railroad, Oliver Street and the west property line of the property facing Pine Street. This area is comprized of over four city blocks and seventy--five separately-owned parcels of property. Although the Applicants (Kyle, Graziosi and Hale} were only interested. in a zoning change, on one lot, it was decided by the Commission that this request for change in zoning would be determined by whether or not the property owners in the entire area (RS-6} desired to change the entire COMPREHENSIVE PLAN from resi- dential to commercial. In the event that a majority of the property owners wanted to change the PLAN - then the zoning request would be granted; however, if ~a majority of the property owners did not want the entire PLAN changed - then the change in zoning would be - Hied . It was also decided that if a property owner did not appear at the public hearing or make his objection known to the Planning Commission, it would be construed that the owner had NO OBJECTION to the change from residential to commercial. ,: .. -2- ~~~~, On August 28, 1974, the West ;T~iemphis Planning Commission met to conduct the public hearing on the proposed change in the r COMPREHENSIVE PLAN. Several property owners in this RS-6 area r were present and presented a petition containing 25 names object- , ing to the change. Of these 25 pr perty owners, only 4 owned property within 2 blocks of 512 Pine Street. The remaining 21 .petitioners owned property locatg~d over two blocks-away. In 1973 he onl issue before the banning Commission and C ity Council when t y was whether or not to grant a change in .zoning for one lot (5.12 G ; Pine) , not a single one of the 25 petitioners objected. However, this year (August 28, 1974) when the Commission decided to change the ENTIRE PLAN for the ENTIRE AREA instead of just voting on a change in zoning for one lot (512 Pine), objections arose. App1i-~ i cants (kyle, Graziosi and Hale) were NOT the ones asking that the whcle area be changed from residential to commercial - the Planning Commission proposed this action. As in 1973, the Applicants attempted to contact ALL property owners within the immediate area of 512. Pine to determine their feelings concerning the zoning change from residential to commercial. Those who signed the petition in 1973 in favor of the zoning change but could not be contacted this time (by August 28, 1974) were listed as "having no objection to the change" since no protest was made. The results of this poll is as follows: Arnett 611 Graham No Objection Dacus 607-609 Graham - No Objection Rayner 605 Graham No Objection .Tabernacle 512 Graham No Objection Edrington _ Mo. & Graham No Objection Yearwood 514 Graham No Objection Noah 512 Graham No Objection McGaughey 509 Pine No Objection Yerby 500--502 Pine No Objection Cheek ~ 501-503 Pine No Objection Moore 414 Pine No Objection j Thomas 411-415 Pine No Objection Knox 621 Missouri No Objection Brakensiek 511 Pine Objected to change in entire Area . Wynn 505 Pine Objected to change in entire Area . -3- 504 Pine Could not be located. 506 Pine Could not be located . Assembly of God Pine Did not appear at Public Meeting. This meant that there were 25 opposed to changing the Plan, and 50 in favor of change. At the August 28, 1974, meeting of the Commission, Loui= Bramucci, one of the spokesmen for the group objecting to the char: ., said that "he did not mind if 512 Pine is used for eommercial de- velopment, that is all the lot is good for anyway", but that. he - _..r_,..._. .~ objected to spot-zoning, Frank Waggoner, one of the Planning Com- missioners made a motion that 512 Pine be rezoned from residential to .commercial "due to the fact that it is adjacent to existing commercial ro ert and because the lot seems best suited for that purpose." The Planning Commission refused to rezone the lot i r~r.w~r~. r by a 2 to 1 vote (3 votes cast) . The rejection has been appealed to the City Council. The Applicants (Kyle, Graziosi and Hale) feel that the Commission's rejection of the request for change in zoning is arbitrary as defined by the Arkansas Supreme Court. The factors to be considered by .the City in .determining whether to grant re- Zoning requests are still the same as last year and have been set out by the A rkansas Supreme Court in the cases of Thompson v. City ~f_ Blytheville (1973}, Volume 254 of Arkansas Supreme Court :Reports at page 46 and Cooper v. City of Paragould (1973), Volume 254 of Arkansas Supreme Court Reports at page 151. A list of these factors has been set out below along with a list of changes that have occurred in this neighborhood _SINCE THE REZONING REQUEST WAS DENIED_ BY THE COUNCIL LAST YEAR: FACTORS TO BE TAKEN INTO CONSIDERATION CHANGES FROM JUNE 7 , 1973 , IN DETERMINING WHETHER TO GRANT REZONING ~ TO DATE REQUESTS ARE AS FOLLOWS 1. Age of existing residences in the 1. No New residences built it area and the fact that no new home this area in over l0 years construction has taken place. ~._.............. - ......may- ._., _.._.. __._ _. _..a-..~.. - - .~. ....~~...~....,.as...~ ~. _-~ -.~ .. ~..~..r.~. ,} . ~- 4- Residence at intersection of Graham and Missouri torn down and Office Building bu~1t next door to 512 Pine. Assembly of God Church has sold residence located next door to 512 Pine and will build parking lot and remove house on site. 2. Increase in amount of traffic in area which shows a decrease in value of property for residential purposes. 3. Whether or not new commercial buildings have been built in the area. 2.From 1971 to 1973 the Ark. Highway Dept, traffic counter showed that there was an in- crease of 3, 245 cars PER DAY on Missouri Street. It is ob-• vious to all who live in West Memphis that the traffic has increased during the last year and not decreased, especially in this area. 3.Six {6) new off ices built on lot right next door to 512 Pine since .Tune 7, 1973. New business buil~a {Fini.shirs~ Touch) right around corner from 512 Pine in 1974.. New business (Telephone Co . } under construction at corner of Barton and Missouri. Although not a commerc is 1 bu i7 ding - the new parking lot to be built by Assembly of God Church next door to 512 Pine is certainly NOT a residential use and actually will take another residence OFF Pine Street. 4. Whether or not the area is an EXPANDING COMMERCIAL AREA , Z o p- ing restrictions should not in- terfere with the gradual expan- sion of a business district. 4.Bill Edrington's new office building (6 offices) built next door to 512 Pine in last 8 months . Finishing Touch built in last 6 months. City of West Memphis itself realizes this is an EXPANDING COMMERCIAL AREA. In 1974 the Planning Commission unanimous• ly passed a Resolution c'rsang- ing the Comprehensive P la n f o: the area from Graham Street north to 10 Mi 1e Bayou a nd fo: a distance of 200 feet east from Missouri Street from RS-~ to B-2. This new business are _ ____ ~'io- -5- 5. Whether or not the area to be rezoned is ADJACENT to an estab- lished business area or commer- cial district. (Ark. Supreme Court has ruled that "adjacent" or "adjoin" means close to or near to.) is directly across the street from the northwest corner of '' 512 Pine. This new area now touches the corner of 512 Pine . Residence torn down at corner of Barton and Missouri and office building under cof struction. Residence 1 block north of corner of Graham and Missouri turned into a new business (Bayou House) . 5..512 Pine adjoins (by a common boundry} a B-2 business zone. 512 Pine adjoins by a common boundry a new Office Buildinc built by Bill Edrington, 512 Pine adjoins new B-2 bush;; Hess district created by the£ CITY OF WEST MEMPHIS within :' the last 8 months . City changed the area from RS--6 tc` B-2 by unanimous vote of Plar Wing Commission. 512 Pine is only one hou from ~'RANKIE ' S PHOTO CENTER ~" located at 514 Graham. 512 Pine is only 1 block frog Limited Industrial (M-1) distG 512 Pine is only 2 blocks frc Intensive Industrial (M-2) district. Numerous other business lo- cated within one (1) block of 512 Pine. The right of a City to determine what use a landowner may make of his property is. given the City by Arkansas law. Since the law gives 'the City the right to zone property in the first place, the Applicants (Kyle, Graziosi and Hale} feel that the law shoul also be considered by the City to determine when and. if a requested change in the zoning law should be granted. Subsequent to the Planning Commission and City Council's refusal to grant our rezoning request in June of 1973, the Arkansas Supreme Court has handed down another decision regarding the rights of landowners and of a City ~z - ~j - to restrict use of privately-owned property. On January `28, 1974, the Arkansas Supreme Court ordered the City of Jonesboro, Arkansas, to rezone property owned by a Mr. Arnold of that City. This de- vision may be found in Volume 504 of the Southwestern Reports ~Arkansas)beginninq at page 351. The Supreme Court ruled the City of Jonesboro could not refuse Arnold's request for rezoning of property that was adjacent to property which was already zoned LESS RESTRICTIVELY than Mr . Arnolds . The Arnold property was bounded by both commercial and residential property. Arnold wanted the property he owned to be rezoned to a lower classification. The City Council refused to grant the rezoning request. Arnold took the City of Jonesboro to Court. The Chancery Court and Arkansas Supreme Court ruled that Arnold was entitled to the rezoning. The Arkansas Supreme Court said that since the Arnold property was bou~nde by property that was already zoned LESS RESTRICTIVELY and since there was testimony that the pro petty was well suited for the Classification sought by Arnold, that it was arbitrary and unrea- sonable to refuse to change the zoning as requested. 512 Pine Street is adjacent to the fallowing LESS RE- STRICTIVELY zoned property: ' West side -- B-2 business. North side -- B-2 business. (Resolution of the West Memphis Planning Commission in 1974.) North side -- RM-1.5. (This spat-zoning was allcwed by the City of West Memphis to Mr. Melvin Dacus on the same day that the first Kyle application was denied.) East side -- B-2. (One house down the street - Frank- ie's Photo Center, 514 Graham). I will restate once again, the statement of Louis Bramucci, one of the spokesmen of those opposing the rezoning of 512 Pine ----- "I da not mind if 512 Pine Street is used for commercial development, that is all the lot is good for anyway." Also, Mr. Frank Waggoner of the West Memphis Planning Commission said on August 28, 1974 when w .,. u....A.........~.....a w ,,.,~. ~..,.. w...~.. p .,H, ~ .. . -7- he voted in favor of granting the rezoning that he was in favor of it "due to the fact that it is adjacent to -existing commercial property, and because the lot seems best suited for that purpose." In light of all the factors to be considered when de-- ciding a rezoning case, the location of the property and the laws ' of the State of Arkansas, we feel the City Council should overrule- ,' the ~-1 denial of the rezoning of 5l2 Pine Street and allow this property to be used for commercial purposes. I am sending a copy of this Application to Mr. Robert Smith, City Attorney of the City of West Memphis in order that he may check the laws involved in this matter .and be sure that the facts and circumstances cited herein and the]aw has been properl stated by Applicants. ~~ Eli~~35eth Graz ' i ~/~- \- ~ • u3.J~, r Jim H ~ le , Jr . Approximately fourteen property owners in the area opposing the rezoning were present, and ob3ections stated. by Mr. Nolan Wheeler, Mr. Gene Dickson, Mr. Dennis Coulee, and Mr. and Mrs. E. B. Miller. After discussion with the property owners, City Attorney, protesters, and Aldermen; Alderman Scott, seconded by Alderman Smith moved that the Planning Commission recommendation be upheldy and the application be denied. Upon roll call vote, the voting was as follows: - - Aye: Aldermen:.. Scott, Smith, Bentley, Dickerson, Grimsley,~Horton,~and Hutcherson- No: -None. Alderman Hightower abstained from voting. City Attorney Smith reported he had contacted Attorney Herman Spea9rs in reference to'the Church of C~ri.st request to use property designated as park for parking,- and ascertained the abstract records do not reveal dona~d nor does the owner of the. property, Mr. Jack Rich, rem~.jier donating .the .property. Mayor Rodgers brought to the Council's attention the election for an Act 9 Bond Issue for Arkansas Lightweight Aggregate Corporation, and read the following letter: ~ - 1:x:•3 City of Vest Memphis City Hall West Memphis, Arkansas 72301 Gentlemen: Under date of April 17, 1971, Arkansas Lightweight Aggregate Corporation entered into an agreement with you, a copy of which is attached hereto and made a part hereof . Arkansas Lightweight Aggregate Corporation is a wholly owned subsidiary of General Shale Products Corporation. In consideration of the benefits that will accrue to General Shale Products Corporation from the proposed bond issue, it hereby undertakes and agrees to perform at~y and all obligations of its subsidiary, Arkansas Lightweight Aggregate Corporation, under and by virtue of the terms of said letter, save only to the exceptions therein cor~.ined and set forth. Sincerely, GENERAL SHALE PRODUCTS CORPORATION BY: /S/ ROY H. MEADS, VICE PRESIDENT Alderman Bentley brought to the Council's attention efforts being made by the Crittenden County Medical Society and the Hospital Association to overcome the shortage of physicians, and moved the rule be waived to consider a resolution pertaining to the matter. The motion was seconded by Alderman Grimsley. Upon roll call vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No: None. City Attorney Smith read the resolution. Thereupon, Alderman Smith, seconded by Alderman Hutcherson moved the resolution be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, and Hutcherson No : None . The resolution read as follows: RESOLUTION N0. t~97 WHEREAS, it has been brought to the attention of the City Council of the City of West Memphis, Arkansas that there is a possibility of three (3) physicians being placed in Crittenden County, AND WHEREAS, it is the feeling of the City Council of the City of West Memphis, Arkansas that there is a great need for and a shortage of physicians in our area; THEREFORE, BE IT RESOLVED: 1. That we join in the efforts to solicit these physicians with the Crittenden County Medical Society and the Crittenden Memorial Hospital Association in declaring that there is a definite shortage of physicians in our rapidly grow- ing community and hope that the National Health Service Corps can help us to overcome the shortage of health manpower in our community. ~~ Alderman Hightower inquired as to salary increases for school patrol guards. City Attorney Smith reported Gurley Refining Compar~y will be sent .written reprimand ss to odors from the S. 7th Street ditch. Alderman Smith reported on telephone company construction under streets in connection with the asphalt street program for 1971. Alderman Hutcherson inquired as to repair of sewer lines on Bond Street, and was informed bids are to be received on September 12th. Mr. Dennis Coulee, licensed electrician, informed the Council he had met with the Utility Commission as sugges~d by the Council on April 18th when he inquired as to procedure for quoting prices for electric bids in connection with work performed by the Utility Commission, and no definite action was taken by the Commission. After discussion, the matter was referred to the Committee composed of Aldermen Bentley, Horton, Dickerson, and Smith. There being no further business, the Council adjourned. ---. AT ST: ° CITY CLE MAYOR APPRO~TED: September 19, 1971