June 19, 197545
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, I~AD AND HELD ON JUNE 19, 1975 •
The City Council of the City of West Memphis, Arkansas, met in a regular
session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m. on
the 19th day of June, 1975.
Rev. Henry Hurry of the First Christian Church offered prayer. The following
were present: Mayor Joyce Ferguson, presiding, and Aldermen: Pritchard Horton,
J. C. King, Tilden Rodgers, R. T. Bentley, Thomas Dickerson, W. L. Harris, and
J. E. Hightower; and City Attorney R. L. Smith.
Absent: Aldermen: R. S. Cosgrove, D. M. Grimsley, and A. 0. Holt.
It being determined a quorum was present, the following proceedings were
ha,d to-wit:
Alderman Horton, seconded by Alderman King, moved that Minutes of June 5, 1975,
as included in the packet be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and
Hightower.
No: None.
Alderman Bentley, Chairman of the Budget Committee, reported on the Committee
Meeting, and presented the following recommendations:
That the Budget be amended to include employment of Bill Hellas as a programmer
for the City's computer inasmuch as the utility payroll is the only item
programmed and the City's payroll, budget, and other matters are to be added.
The technical assistance included in the purchase contract has been completed,
and the Committee felt would be advantageous to employ someone with expertise
rather than pay for additional technical service. After discussion of the
' recommendation, additional employees, future programming, and Mr. Mellas's
qualifications, Alderman Bentley, seconded by Alderman King moved that the
Budget be amended to employ Bill Hellas as a data processer as of June 30, 1975
at salary of $13,000.00 per year. Upon roll call vote, the voting was as
- follows
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and
Hightower.
No: None.
That John Meeks be employed as City Shop Manager at salary of $9,600.00 per
year as of June 30, 1975• After discussion of maintenance of vehicles, number
of vehicles serviced, utility shop, operation of vehicles by employees,
and a records system, Alderman Bentley moved that the Budget Committee
recommendation be accepted, and the Budget amended to employ John Meeks as
,, Shop ~danager on June 30, 1975 at salary of $9,600.00 per year. Upon roll call
vote, the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, and Hightower.
No : Alderman: Harris .
That withhold temporarily disbursing of money to ~~:~ the two Boys Clubs and
the two Girls Clubs for budgetary purposes and reasons of pending lawsuit
in the amount of $175.00 each, total of $700.00 plus utilities furnished by
the City. After discussion, Alderman Ber$ey, seconded by Alderman Dickerson,
moved that approve the recommendation of the Committee that withhold $175.00
a month from h of the four agencies plus any utilities furnished by the City.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: King, Rodgers, Bentley, and Dickerson.
No: Aldermen: Horton, Harris, and Hightower.
Upon ruling by City Attorney Smith that it would take six voters, a majority vote
of the entire Council, the Mayor stated the motion failed.
46
Alderman Horton, Chairman of the Cable TV Committee, introduced Mr. Henry H. Hancock,
Attorney for Athena Corporation, and Mr. Dan Shields, a Vice-President of Athena, and
requested they give a synopsis of the meeting with the Committee. Mr. Hancock
elaborated on circumstances pertaining to the Corporation that were drastically changed,
progress of construction in Memphis and other cities, FCC requirements, interest rates,
inflation, the non-exclusive franchise, and plans for West Memphis. Mr. Hancock
requested the City not cancel the contract or call the bond, and leave the matter in
status quo. Alderman Horton advised the Committee recommended that leave the bond
as is at the present time. After consideration, Alderman Horton, seconded by
Alderman Rodgers, moved that revaluate the Cable TV situation on December 18, 1975*.
Upon roll call vote, the voting was as follows:
Arye: Aldermen: Horton, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No: Alderman: King.
The motion carried.
Upon further discussion of the voting question as to a majority of the Aldermen
present or a majority of the Alderman elected, City Attorney Smith advised he
would obtain a ruling from the Attorney General on the question.
An ordinance entitled "An Ordinance Amending The 1973 Edition Of The Southern
Standard Housing Code Previously Adopted By Ordinance No. ?96 On February 21, 1971++
was read the second time by the City Attorney. Alderman Bentley, seconded by
Alderman King, moved that approve the ordinance on the second reading. The question
was put by the Mayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No : None .
A Resolution to amend the Comprehensive Plan as recommended by the Planning Commission _
was presented for consideration. Alderman Rodgers, seconded by Alderman Bentley
moved that waive the rule as the matter not on the agenda, and the Resolution be
considered. Upon vote, the ~`ollowing voted:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No: None.
The Resolution was read by the City Attorney. Alderman King, seconded by
Alderman Bentley moved that the Resolution be adopted as read. Upon roll call,
the following voted:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No : None .
The Resolution read as follows:
RESOLUTION N0. 533
~.
WHEREAS, the City Planning Commission of the City of West Memphis, Arkansas
met on the 28th day of May, 195 and recommended that an amendment to th€
Comprehensive Plan to the City of West Memphis be made, and
WHEREAS, it is determined by the City Council that such recommendation is
in the best interest of the City of West Memphis, and
WHEREAS, the City Council of the City of West Memphis, Arkansas did on the
19th day of June, 1975, vote to change the Comprehensive Plan in accordance with
the recommendation of the City Planning Commission which was to amend the
Comprehensive Plan as follows to read:
4'7
"Commercial in the half-block on the east side of 1L~th Street between
Broadway and Polk, said half-block being the west half of Block 118 in
the George T. Kendal Stiibdivision in the City of West Memphis, Arkansas"
THEREFORE, BE IT RESOLVED, that the City Council of the City of West Memphis,
Arkansas did on the 19th day of June, 1975, change the Comprehensive Plan to
read:
"Commercial 3.n the half-block on the east side of 11th Street between
Broadway and Polk, said half-block being the west half of Block 118 in the
George T. Kendal Stiibdivision in the City of West Memphis, Arkansas".
~~
Alderman Bentley introduced an ordinance entitled "An Ordinance To Rezone
Lots Five (5), Six (6), Seven (7), Eight (8) and Nine {9) In Block 118 Of
The George T. Kendal Subdivision In The City Of West Memphis, Crittenden
County, Arkansas", and the City Attorney read the ordinance in full.
Alderman Harris, 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: Horton, King, Rodgers, Bentley, Dickerson, and Hightower.
No: Alderman: Harris.
The motion failed. Upon inquiry as to deletion of the emergency clause,
Attorney E. C. Gathings representing the owner of the property, Mr. W. I. Merchant,
who was also present, requested the ordinance be adopted with emergency clause
in order that the vacant building may be rell~ed. Building Inspector Avery
advised he could not grant a Certificate of Occupancy for a business due to
residential zoning. After consideration, Alderman Harris, seconded by
Alderman King, moved for reconsideration. Upon vote, the voting was as
follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No : None .
Thereupon, the ordinance entitled "An Ordinance To Rezone Lots Five C5),
Six (6), Seven (7), Eight (8) and Nine (9) In Block 118 Of The George T. Kendal
Subdivision In The City Of West Memphis, Crittenden County, Arkansas" was
again introduced by Alderman Bentley, and the City Attorney read the ordinance
in ftal.l .
Alderman Harris, seconded by Alderman Hightower, moved that the role 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: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No: None.
Thereupon the Mayor declared that at least two-t~tirds 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 Rodgers, seconded by Alderman Horton then moved that the rule requiring
the reading of an ordinance in full on~three different days be f~irther 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: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No : None .
48
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 Dickerson, seconded by Alderman Rodgers, 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; Horton, King, Rodgers, Bentley, Dickerson,~arris, and Hightower.
No: None.
Alderman King, seconded by Alderman Harris, moved that Section 3, the emergency
c7.~se, be adopted, and on roll call the following voted;
Aye: A~.dermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
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. 836, and read as follows:
ORDINANCE N0. 836
AN ORDINANCE TO REZONE LOTS FINE (5}, SIB (6}, SEVEN (7), EIGHT (8) AND NINE (9)
IN BLOCK 118 OF THE GEORGE. T. KENDAL SUBDIVISION IN THE CITY OF WEST MEMPHIS,
CRITTENIDEN COUNTY, ARKANSAS
WHEREAS, application was made to the City Planning Commission to rezone the
hereinafter described property and after notice having been published for the
time and in the manner as provided by Ordinance No. 715 the matter was heard by
the City Planning Commission and although two persons appeared to protest the
same the Planning Commission recommended unanimously that said application be
granted; NOW THEREFORE.
BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION I: THAT the following described property, to-wit:
Lots Five (5 ), Six (6 ), Seven (7 ),
Eight (8 ), and Nine (9) in Block 118
of the George T. Kendal Subdivision in
the City of West Memphis, Crittenden
County, Arkansas.
be and the same is hereby rezoned B-2, Commercial District.
SECTION II: THAT all ordinances or parts of ordinance in conflict herewith are
hereby repealed.
SECTION III: IT is hereby found and determined by the City Council of the City
of West Memphis that this ordinance is necessary for the preservation of the public
peace, health and welfare of the City of West Memphis and the growth and expansion
of the City of West Memphis; therefore, an emergency is hereby declared to exist,
and this ordinance shall be in full force and effect from and after its passage and
approval.
A Three Minute Recess Was Announced.
The Mayor called the meeting to order.
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The following Petitit~~~~t~~a.~~n~Ats~~~~ b~r,,,N Attorney Smith:
Comes the undersigned petitioner, being the owner of the hereinafter
described lots, and petitions the City of West Memphis, as follows:
CHARLES J. LIPTON is the owner of two (2} lots, one (1} located in
the North Half of Block "B" of the Henry Craft Addition to the City of West
Memphis, Arkansas, described as follows:
The West 105 feet of the North Half of Block "B" of the
Henry Craft Addition to the City of West Memphis, Arkansas;
and more particularly described as follows:
Beginning at a point in the North line of Block "B" of the
Henry Craft Addition to the City ofWest Memphis, Arkansas,
according to the plat of record in Plat Book 1, at page 114
of the records of Crittenden County, Arkansas, 525 feet 'JJ'est
of the Northeast corner of said Block "B"; thence West along
the North line of Block "B", 105 feet to the Northwest corner
of said Block "B"; thence in a Southerly direction along the
East line of Lehr Street, approximately 165. 8 feet to a point
in the line between the North Half (N2} anal the South Half (S2)
of said Block "B"; thence in an Easterly direction alone said
line between the North Half (NZ} and the South Half (S2~ of
said Block "B", 105 feet to the Southwest corner of a tract
previously conveyed by Nell E, C. Pearce to N. S. Sechrest
and Carolyn B. Sechrest, husband and wife, and Bill R..
Manning and Virginia R. Manning, husband and wife, by
deed of record in Book 367, page 33, records of Crittenden
County, Arkansas; thence Northerly along the West line of
said tract, approximately 166. 8 feet to the point of beginning.
SUBJECT to easement over, under and across the rear of
the premises conveyed, running East and West five (5) feet
in width for public utilities, and SUBJECT FURTHER to the
covenants, conditions and restrictions, all as set forth in
the deed from Nell E. C. Pearce to N. S. Sechrest and
Carolyn B. Sechrest, husband and wife, and to Bill R. Manning
and Virginia R. Manning covering the above described lands; and
one (1} located in the South Half of Block "B" of the Henry Craft Addition to the
City of West Memphis,, Arkansas, described as follows:
The West 100 feet of the South Half of Block "B" of the
Henry Craft Addition to the City of West Memphis, Arkansas;
and more particularly described as follows:
Beginning at a point in the, South line of Block "B" of the
Henry Craft Addition to the City ofVTest Memphis according
to plat of record in Plat Book 1 at page 114 of the records
of Crittenden County, Arkansas, 530 feet West of the South-
east Corner of said Block "B"; thence West along the South
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5 ~ line of Block "B", 100 feet- to .the Southwest corner of Block
"B"; thence North along the West Iine of Block "B", 1fi6. 8
feet to a point in a line between the North Half (N2) ar~d the
South :dalf (SZ) of said Block "B"; thence in an Easterly
direction along said line between the North Half (NZ) and ..
the South Half (SZ) of said Block "B", 100 feet to a point;
thence South along the West line of a tract conveyed by Nell
E. C, Pearce to Myrtie Clarice Irby by Warranty Deed
exec~~ted May 8, 1962, and recorded in Book 350, a.t page
185 of .the records of Crittenden County, Arkansas, to the
point of beginning and subject to easement for public utilities
as shown upon the recorded plat,
a.s shown by plat of record in Plat Book 1, at page 114, which lots are crossed
from east to west by an easement for public utilities as shown by said plat,
That there is attached hereto as Exhibit "A" a photocopy of a portion of
the plat filed in the office of .the Recorder of Crittenden County, Arkansas, re-
corded in Plat Book 1, at page 114, which. shows said easement together with
the lots which said easement crosses.
WHEREFORE, Petitioner prays that the City Council of the City of West
iUlemphis, Arkansas, at ifs next regular meeting fix a day for the hearing of this
petition and direct the City Clerk to give notice of said hearing by publication
once a weEk for two conse~~utive weeks in the Evening Times, a newspapez•
published in C~•ittenden County, Arkansas, having a general circulation in the
City of Vilest Memphis, Arkansas, and that upon final hearing that said easement
hereinabove described be vacated and all ra.ghts of the City of West Memphis,
Arkansas, and of the public generally therein be released, vacated and abandoned,
to the record owner thereof,, CHARLES J. LIPTON, petitioner herein.
RESPECTFULLY SUBMITTED this 12th day of June, 1975,
HARLES U ~.N
Appearing on behalf of the Petitioner Attorney Lindsey J. Fairley stated Mr. Upton
had purchased the two undeveloped lots and plans to construct a residence facing
west that would require building across the basement, also the Easement had been
reserved by Mrs. Ne11 ~. C. Pearce in all deeds of the property and will take
unanimous eansent of other land owners in the block to vacate. A Resolution
setting date of Hearing was read by City Attorney Smith. Alderman Bentley,
seconded by Alderman King, moved. that the Resolution be adopted as presented.
Upon vote, the voting was as follows:
Aye: A~..dermen: Horton, King, Rodgers, Bentley,. Dickerson, Harris, and Hightower.
No : None .
The Resolution read as follows:
51
RESOLUTION N0. 53~
WHEREAS, there has been filed with the City Council of the City of West Memphis,
Arkansas, a petition to vacate the easement crossing the west 105 feet of the
North Half of Block "B" of the Henry Craft Addition to the City of West Memphis,
Arkansas, and crossing the west 100 feet of the South Half of Block "B" of the
Henry Craft Addition to the City of West Memphis, Arkansas, as shown by plat of
record in Plat Book 1 at page lll~ of the records of Crittenden Court, Arkansas,
and said petition prays that the City Council fix a day for the hearing of said
petition . „
NOW, THEREFORE, BE IT RESOLVED:
That said petition to vacate the above described easement be set down for hearing
on the 3rd day of July, 1975, at 1:30 o'clock P.M. in the Municipal Courtroom in
the City of West Memphis, Arkansas, and that the City Clerk give notice as required
by law of the hearing to be held.
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Mr. and Mrs. Arthur L. Smith, Jr. of 519 W. Cooper appeared pertaining to the
vacating of the Easement, and advised they would not grant a quitclaim deed
until certain matters concerning drainage has been accomplished.
Alderman Bentley, Chairman of the Police Commission, presented recommendation of
the Commission that Patrolman Mike Haynie's salary be continued for six months
as he was injured in line of duty. After consideration, Alderman Rodgers,
seconded by Alderman Horton, moved that pay Mike Haynie and abide by Personnel
Manuel Rules. Upon vote, the voting was as follows:
Vie: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and
Hightower.
No : None .
Mayor Ferguson announced due to Alderman Don Grimsley being injured, the College
Co..ttee~CoCY~.airman Lee Cramer will call a meeting of the Committee.
City Attorney Smith recommended the law firm of Smith, Williams, Friday,
Eldredge & Clark be engaged to assist in research of the constitutional questions
involved pertaining to the lawsuit recently filed against the City at a fee of
$1.x.0.00 per hour. Alderman Bentley, seconded by Alderman King, moved that waive
the rule to discuss recommendation of the City Attorney. Upon roll call vote,
the voting was as follows:
Aye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and
Hightower.
No: None.
After consideration of the recommendation, Alderman Bentley, seconded by
Alderman King, moved that go along with recommendation of the City Attorney.
Upon roll call vote, the voting was as follows:
&ye: Aldermen: Horton, King, Rodgers, Bentley, Diickerson, and Harris.
No: Aldermen Hightower.
Motion passed.
A Petition requesting the moving of Helen Beauty Shop 111 S. 8th Street to
223 S. 16th Street was presented. The Council was informed the proposed location
is in a residential area. It was concensus that the petitioner file application
with the Planning Commission for consideration of the matter.
Alderman Horton inquired as to status of Industrial Park, and was informed would
be discussed at Utility Commission Meeting. Alderman Horton expressed appreciation
for work on OK Street ditch. Alderman Harris requested completion. of work along
Ingram ditch. Building Inspector Avery brought to the Council's attention problem
the Police Department has with vacant buildings not locked. The City Attorney was
requested to research the matter. Alderman Rodgers advised the City has three
pieces of old equipment to dispose of, and the cv~nttee was aut~iorized to sell.
Alderman Izickerson, seconded by Alderman Bentley, moved to adjourn until 7:30 P.M.
June 25, 1975 for report on the Flood Plain study. Upon vote, the voting was as
follows:
dye: Aldermen: Horton, King, Rodgers, Bentley, Dickerson, Harris, and Hightower.
No : None .
CITY Ct.FUx
s
MAYOR