September 18, 19751.16
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON SEPTEMBER 18, 1975•
The City Council of the City of West Memphis, Arkansas met in regular session
at the Council Chamber, City Hall in West Memphis, Arkansas, at 1:30 o'clock p.m .,
on the 18th day of September, 1975. The following were present: Mayor Joyce Ferguson,
presiding; Aldermen: W. L. Harris, J. E. Hightower, A. 0. Holt, Pritchard Horton,
J. C. King, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, and Thomas Dickerson; and
City Attorney Smith.
Absent: Alderman D. M. Grimsley.
Alda~rman Rodgers offered prayer.
It being determined a quorum was present, the following proceedings were had
to-wit:
Mayor Ferguson announced the first order of business was a reconsideration
request by Alderman Holt as to the resolution on traffic control. Excerpts
from Minutes of September ~, 1975 pertaining to the City Attorney's ruling on a
reconsideration request were read. Alderman Holt, seconded by Alderman Rodgers
moved that the matter be reconsidered. Upon roll call vote, the voting was as
follows;
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove,
and Dickerson.
Nay: None.
City Attorney Smith read the resolution entitled "A Resolution Expressing The
Willingness Of The City Of West Memphis, Arkansas To Cooperate With The Office
Of The Coordinator Of Public Safety And Other Agencies In The Preparation Of A
Signing Study And program For The City Of West Memphis, Arkansas". Alderman Holt,
seconded by Alderman Horton moved that accept the resolution as read, by the City
Attorney. After discussion, the roll call vote was as follows:
Aye: Aldermen; Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove,
and Dickerson.
Nay: None.
The resolution read as follows:
RESOLUTION N0. 5~3
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF WE5T MEMPHIS, ARKANSAS
TO COOPERATE WITH THE OFFICE OF THE COORDINATOR OF PUBLIC SAFETY AND OTHER
AGENCIES IN THE PREPARATION OF A SIGNING STUDY AND PROGRAM FOR THE CITY OF
WEST MEMPHIS, ARKANSAS.
~rJHEREAS, the City of West Memphis, Arkansas desires to enter into a program for
upgrading its "Stop" and "Yield" signs; and
WHEREAS, the program will correct signing deficiencies along city streets not on
any Federal-aid System; and
WHEREAS, the installation of these signs are financed on 90 percent Federal and
10 percent Local funding; and
WHEREAS, this program will provide a safer and smoother traffic flow;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, THAT:
SECTION l: The Mayor is hereby authorized to enter into an agreement with the
Office of the Coordinator of Public Safety pertaining to the conduct of a signing;
study for the City of West Memphis, Arkansas.
SECTION 2: The City of West Memphis, Arkansas pledges its full support and
cooperation to the Office of the Coordinator of Public Safety and to all other
agencies involved in the project.
11'7
,SECTION 3: The City of West Memphis, Arkansas will participate, in accordance
with its designated responsibility, in the implementation of the recommendations
provided in the approved study.
SECTION ~.: gs per City Ordinance No. 787 the City Council shall have the
authority to require the City ~rigineer to alter, modify, or annul any designation
made by him under the provisions of this chapter by the adoption of a resolution
directing the City Engineer to make such alteration, modification, or annulment,
Alderman Rodgers, seconded by Alderman Horton, moved that the minutes of
Council Meetings on August 21st as amended and September nth included in the
packet be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley,
Cosgrove, and Dickerson.
Nay: None.
Alderman Bentley, Chairman of Budget Committee, reported recommendation from
the Park Commission and Director of the Community Development Program that
Cliff Jackson be designated as architect for the park development; and moved,
seconded by Alderman Cosgrove that designate Cliff Jackson as architect for
the park project. After discussion, the roll call vote was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley,
Cosgrove, and Dickerson.
Nay: None.
Further recommendations of the Budget Committee were presented by
Alderman Bentley, who moved seconded by Alderman King, that waive bids
upon recommendation of Budget Committee for the Sun machine and for the
sound and speaker system for the Council Chamber. During consideration
Alderman Bentley advised the cost of the machine for the shop manufactured
by the Sun Company would be approximately $3,200.00 to be paid from Revenue
Sharing Funds and the sound system cost $2,300.00 or $2,00.00 to be paid
from City Hall funds. Thereupon, Alderman Holt, seconded by Alderman Dickerson,
moved to table the motion until the next meeting. The roll call vote on the
motion to table was as follows:
1~ye: Aldermen: Harris, Hightower, Holt, Horton, Rodgers, and Dickerson.
Nay: Aldermen: King, Bentley, and Cosgrove.
Motion carried.
Jay Woods, Director of the Community Development Program, distributed copies
of the Program Requirements - 1975 - 76 & 77, and elaborated on the brochure
and resolutions to be presented on October 2, 1975•
Alderman Cosgrove, Chairman of the Steering Committee pertaining to the Race
Traci Funds, reported the committee had two meetings but nothing concrete to
report. Asub-committee of the presidents of the four clubs involved had been
appointed, and the Boys Club of West Memphis President was serving as chairman
of the sub-committee. City Attorney Smith presented information on the litigation,
and Mayor Ferguson stated the funds had been deposited and are drawing interest.
An ordinance entitled ~~Axl Ordinance To Rezone The East 175 Feet Of The North
1751.x. Feet Of The SW~-4 Of Section 11, Township 6 North, Range 8 East, Being
Also Known As Third Addition To Richland Subdivision~~ was read the second time
by the City Attorney. Alderman Bentley, seconded by Alderman. King, moved that
at3opt ~athe or~..rianFe: on the .second reading. The Mayor put the question on the
adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley,
Cosgrove, and Dickerson .
Nay: None.
118
Alderman Hightower presented souvenirs to Mayor Ferguson and Alderman Bentley.
Mayor Ferguson brought to the Councils attention the City has no energy problem
at present, instructions to departmentheads as to energy conservation, and
requested consideration of a resolution read by the City Attorney. After considerati on
Alderman Cosgrove, seconded by Alderman Harris, moved that adopt the resolution as
read by the City Attorney. Upon vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove,
and ~Di.ckerson.
Nay: None.
The resolution adopted read as follows:
RESOLUTION N0. 5~.
~~REAS the City of West Memphis, as well as most all of the cities and towns of
this country are confronted or will be confronted with a possibility of an energy
shortage in the near future, AND
WHEREAS There is a need for all citizens of our City to be made aware of the ex~~rg~y
situation and information furnished to help conserve energy, AND
WHEREAS it is believed that people in our City will cooperate with an Energy
Conservation Committee, if such a Committee is established, AND
WHEREAS there are many fine citizens of our town with talent, who can be helpful
in this program if some type of organization and assistance is provided, AND
THEREFORE, BE IT FURTHER RESOLVED:
1. That the City Council of West Memphis authorize the Mayor to appoint a
Committee, to be known as the Energy Conservation Committee, which Committee shall
be appointed annually after their initial appointment.
2. That the Mayor shall appoint a Chairman of this Committee and the Committee
shall appoint their own secretary.
3. That the purpose of the Energy Conservation Committee shall be to recommend
to the Mayor and City Council methods and procedures for the Conservation of energ`T
within our City and to study a long range program for the amount of energy which
we will need in the years ahead and to determine if our present sources are adequate
to meet our anticipated needs in the near future.
7~'~~i~'~C'i~ n '
Alderman Cosgrove introduced an ordinance entitled «An Ordinance To Rezone Certain
Zoned Property From RS-6 To RMH Declaring An Emergency And For Other Purposes", anti
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 .fu1.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: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, and
Dickerson.
Nay: None.
Alderman Cosgrove abstained.
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 anti
the rule suspended. The ordinance was read the second time by the City Attorney.
119
Alderman Holt, seconded by Alderman King then moved that the rule requiring
the reading of an ordinance in full on three different days be further suspended
and that the ordinance be placed on its third reading. The Mayor put the question
on the adoption of the motion and the roll being called the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, and
Dickerson.
Nay: None.
Alderman Cosgrove abstained.
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 King, seconded by Alderman Holt, moved that the ordinance be adopted.
The question was put by the Mayor on the adoption of the motion after discussion
of the recommendation to rezone by the Planning Commission, providing housing at
a reasonable cost, mobile homes in the area, utilization of the undeveloped land,
lot dimensions, opposition to the rezoning was expressed by Rev. T. D. Dorsey,
2l~08 Monroe and Mr. Vardamon Loftin, 2301 Monroe. The roll being called, the
following voted:
$ye: Aldermen: Harris, Hilt, Horton, King, Rodgers, Bentley, and ~Dickersnn.
Nay: Alderman: Hightower.
Alderman Cosgrove abstained.
Alderman King, seconded by Alderman Harris moved that Section 3, the emergency
clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Harris, Holt, Horton, King, Rodgers, Bentley, and Dickerson.
Nay: Alderman: Hightower.
Alderman Cosgrove abstained.
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 Tdo. 8~.6, and read as follows:
ORDINANCE NO. }
AN ORDINANCE TO REZQNE CERTAIN ZONED PROPERTY FROM RS-6
TO RMH DECLARING AN EMERGENCY ANA FOR OTHER Pi3RPOSES .
WHEREAS, a petition has been .filed with the Planning Co:nmissi~
of the City of West Memphis, Arkansas, by William L. Johnson Ca., Inc.,
as provided by Ordinance No. 7l5 of the City or" West Memphis, Arkansas;
and,
. W~iEREAS, notice was duly published on the 15th day of July,
1.975, that a hearing would be held by the Planning Commission on the
3f~-~h day of July, 1,975, at the City Hall for the purpose of taking
action upon said petition and calling upon all interested parties to
appear at such hearing to make known their objections, if any, in
connection with said application for rezoning of properties hereinafter
described; and .~
;~
Ti+'TIEREAS, at said meeting and by the petition previously made "'~"'~
to the Planning Commission, it was requested that the following properties,
tO-wits
Lots 18, 19, 20 and 21, Block l; Lots 6,
Block 2; Lots 4, 5, 6, 7 and 8, Block 3;
7 and 8, .Block ~; Lots 4, 5, 6; 7 and 8,
4, 7, 8, 9, 10, ll and. 12, Block G; Lots
Block 7, all being in the Geo. T. Kendal
the City of ~nTest Memphis, Crittenden Cou:
9, 11, 12 and 13,
Lots 2, 3, 4, 6,
Block 5; Lots 2,
7, 8, 9, 10 and 11,
Fifth Addition to
nty. Arkansas,
be rezoned from present zoning RS-6 to Zone RMH and
WHEREAS, the Planning Commission unanimously recommended to
the City Council that said rezoning be granted.
NOW THEREFORE, BE IT ORDAII~TED BY THE CITY CGUNCII. OF WEST
MPH I S , ~~~KA~TSAS
SECTION I. That the following property, to-wit:
Lots 18, 19, 20 and 21, Block 1; Lots 6,
Block 2; Lots 4, 5, 6, ? and 8, Block 3;
7 and 8, Block 4; Lots 4, 5, 6, 7 and 8,
4, 7, 8, 9, 10, 11 and 12, Block 6; Lots
Block 7, all being in the Geo. T. Kendal
the City of West Memphis, Crittenden Cou:
9, 11, 12 and 13 ,
Lots 2, ~3, 4, 6,
Block 5; Lots 2,
7, 8, 9, 10 and 11,
Fifth Addition to
nty, Arkansas,
now zoned RS-6 be and the same is hereby rezoned as RMH.
SECTION II_ .All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
.SECTION III. Emergency Clause: It is found by the
Council that the present zoning of the abotTe described land is not
a ro riate for proper and orderly development of the City of West
PP P
item his and, in order to provide a suitable location for low-income
P
housing within the City of West Memphis in keeping with a proper
city. plan for the orderly development of the City, it is necessary
that rezoning of the above described property be immediately
accomplished and, therefore, an emergency is found to exist -and this
ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
SECTION z~. COPY OF ORDINANCE FILED FOR RECORD:
A copy.of this ordinance when duly certified by the City Clerk,
shall be subject to being f_ fled and recorded in the office of t~~.e
Circuit Court Clerk and Ex-Officio Recorder within and for
Crittenden, County, Arkansas . ,.~.~:;:~,~:
Mayor Ferguson recommended the reappointment of Vernon Turk to the Auditorium
Commission for a period of five years. Alderman Holt, seconded by Alderman Dickerson,
moved .that approve .the appointment of Vernon Turk to the A,~d~xium Commission for a
period of five years. The roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers,' Bentley, Cosgrove,
and Dickerson. ~ _.
Nay: None . ~~ ,
The Mayor announced potential•members of the Energy Conservation Committee as foll:Qws:
Mrs. Doroth~r Y. Ward, Dr'. M. D. Deneke, Jack Hogan, A. K. Minter, W. ~L. Barbour, Jr.,
D. C. Neal, Pat Johnson, and Jay Woods; the Committee to be appointed at a later .date. ~•~
122
Mayor Ferguson brought to the Council attention complaints pertaining to movies
at the local theater, and the reactivation of the Censor Board. After discussion
of the ordinance, reappointment of prior members Mrs. Janet McElroy, R. G. Friday,
and Dick Bland, mechanics of Boards duties and the Police Department Alderman
Dickerson, seconded by Alderman Holt, moved that reactivate the Censor Board. Upori
roll call, the voting was as follows:
Aye; Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove,
and 'Dickerson.
Nay: None.
Mr. Henry Hart, Chairman of the Delta Shrine Club Circus Committee, requested
waiver of privilege license for a circus to be sponsored by the Club. Mr. Hart
explained tickets would be provided for the underprivileged and exceptional
children, and use of funds for philanthropic projects. After consideration,
Alderman Rodgers, seconded by Alderman King, moved that grant Delta Shrine Club
a permit for the circus and waive the $200.00 fee. Upon vote, the voting was
as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove,
and Dickerson.
Nay: None.
The following announcements were made:
Utility Commission Meeting 20 minutes after adjournment of Council MeetingsUtility Building
Shop Committee Meeting 9 a.m. Friday - City Hall
District Meetings of the Arkansas Municipal League
Alderman King reported he had contacted a person who would demolish the incineratoz•
for materials, the matter was referred to the Shop and disposal of City property
Eommittees.
Alderman Bentley requested the Building Inspector check weeds at 319 S. 2nd Street;
and clarification of zoning of property at 315 S. 2nd Street.
Alderman Cosgrove requested investigation of ttleft-turn areas" being provided at
intersection of W. Broadway and Rice Street also Rich Road and Counter Club Gardens
are to be considered, and City engineer report next Council Meeting.
Alderman Hightower presented complaint as to congested area at Wonder School. The
matter was referred to the City Engineer.
Mr. Trd. I. Merchant presented complaint as to condition of property in the first
block of S. Fourteenth Street. The matter was referred to Building Inspector Aver-.
Building Inspector Avery reported the Boy Scout Hut at Worthington Park will need
a new roofs and the inside is in f~pretty good~~ shape.
The placing of a trailer at 16th and Polk was questioned by Alderman Hightower,
Building Inspector Avery advised; no permit had been issued, and the owner of the
trailer, Mr. Logan, had been advised to move it.
Ms. Helen Newson 223 S. 16th inquired as to operating a beauty- shop in her home
at 223 S. 16th Street, and was informed is a residential zone.
City Attorney Smith explained the procedure for making on the scene arrests by
the Police Department.
There being no further business, the meeting adjourned.
"` MAYOR
ATTL~STr-:z~~ ~,/~ , .~~ CITY CLERK
APPROVED: OCTOBER 2, 1975