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August 21, 1969~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 21ST DAY OF AUI}UST. 1969. The City Council of the City of Weat Memphis, Arkansas, met in regular session at its regular meeting place in Weat Memphis, Arkaaaas, at 1:30 o'clock P.M. on the 21st day of August, 1969. The following were present: Mayor Bob Eden, presiding, sad Aldermen: Pritchard Horton, Kirby Leggett, C. T. Rodgers, R. L. Smith, F. C. Weis, R. T. Bentley, R. C. Bowie, and H. R. Dsbba. Absent: None. The following proceedings were had to-wits Minutes of Council Meeting on August 7, 1969, were approved as read. Mr. Elton Rieves, III, Trustee of Crittenden County Rescue Squad, requested assistance of the City in providing apace to house equipment and provide a meeting place where the Rescue Squad could maintain radio facilities on a voluntary basis. Mr. Rieves outlined work of the Rescue Squad stating several member:} were assisting in Gulfport due to hurriaace devastation, also the equipment due to improper storage facilities is deteriorating. The Council assured Mr. Rieves of their interest, and they would make every effort to assist. Mayor Eden stated the Utility Commission Building at 111 S. 2nd Street will be vacated in the neat two or three weeks, and he is of tha opiinioa the property would be a logical place and he would notify the Rescue Squad when the ilcilitiea are vacant in order that a survey may be made as to feasibility and coat of preparation and report made to the Council. Attorney Jan Thomas on behalf of Mr. Cy Bond, Jr. presented application for rezoning of Lots 7 and 8, Block 18 of the Replat of Wheeler Subdivision. Mr. Thomas informed the Council the Planning Commission had recommended the rezoning on June 25, ?969, however, preae:fatioa of the matter had been delayed for protests. Thereupon, an ordinance entitled "An Ordinance To Rezone Lota 7 sad ~, Hlock 18, Of The Re-Plat OY The Wheeler Subdivision In The City Of West Memphis; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and the City Attorney read the ordinance in full. Alderman Leggett, seconded by Alderman Dabbs, moved that the rule requiring the reading of an ordinance in full on threes different days be suspended and that the ordinance be placed on its second reading. The Msyor put the question on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, sad Dabbs. Noes: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted is favor of the mfltion to suspend the role, the motion xas carried and the role suspended. The ordinance was then read the second time by the City Attorney. Alderman Bentley, seconded by Alderman Rodgers then moved that the rule requiring the reading of an ordinance in full on three different days be farther 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: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: 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 wsa carried and the rule suspended. The ordinance wsa then read the third time by the City Attorney. Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted. The question wsa ;put by the Mayor on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dsbba. Noes: None. Alderman Bowie, aecoaded by Alderman Weis, moved that Section 4, the emergency clause be adopted, and on roll call the following voted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dsbba. Noes: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which xas attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 608. The ordinance read ae follows: ORDINANCE N0. 608 AN ORDINANCE TO REZONE LOTS 7 AND 8, BLOCK 18 OF THE REPEAT OF THE WHEELER SUBDIPISION IN THE CITY OF WEST I~tPHIS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, an application was made to the Planning Commission of the City of bleat Memphis as provided by Ordinance No. 411 of the City of bleat Memphis for rezoning certain property within the City; and WHEREAS, notice was duly published on the 9th day of June, 1969, that a hearing would be held by the Planning Commission at 3:30 o'clock P.M. on the 25th day of June, 1969, and at said meeting and by the application previously submitted, it was requested that the following property be rezoned from its present zoning to that of Neighborhood Shopping Center, (C-2): Lots 7 and 8, Block 18 of the, Re-Plat of the Wheeler Subdivision to the City of Hest Memphis, Arkansas, and WHEREAS, no persons appeared to protest against said zoning as requested; and WHEREAS, the Planning Commission of the City of West Memphis recommended that said rezoning petition be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. That the following property now zoned as Multi-Family Residence (RM-2) be and the same is hereby rezoned as Neighborhood Shopping Center (C-2): Lots 7 and 8, Block 18 of the Re-Plat of the Wheeler Subdivision to the City of West Memphis, Arkansas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 4. EMERGENCY CLAUSE: It is found and declared by the City Council of the City of bleat Memphis that this ordinance is necessary for the growth sad expansion of the City oY 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. Mr. Leroy Dickey and Brother Lawrence of the Church of God Prophecy requested permission to place six trailers on church property at 270 Garrison as a means to obtain funds for the church. Mayor Eden brought to the Council's attention ordinances pertaining to trailer parks, and the zoning of the area. After discussion, motion was made by Alderman Weis, seconded by Alderman Rodgers: Grant temporary 90 day permit for trailer park provided install according to codes and ordinances. Upon vote, the voting was se follows: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabba. Noes: None. Garnet Williams requested permission to operate a beauty shop in her home at 322 S. 13th due to hardship of providing for her family. The Council was informed the beauty shop would be a non-conforming use. The applicant was requested to present petition from her neighbors stating have n6 objection to the beauty chop at the next Council meeting. Wendell Warner requested permission to operate a snow-cone mobile unit on the streets in residential areas. After diacuasion of ordinances, previous opinions, liability insurance, safety _ problems, motion was made by Alderman Weia, seconded by Alderman Leggett: That a 90 day temporary permit be issued to Wendell Warner for a "snow cone" mobile unit to be operated on the streets only. Upon vote, the. voting was as follows: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Howie, and Dabba. Noes: None. Alderman Weis reported the committee Appointed to purchase the car for the Fire Department had accepted the bid of Ellis Oldsmobile due to the extra equipment and the trade-in value making it the beat buy even though not the low bid. Mayor Eden informed the Council the mosquito control contract will soon expire, and due to fantastic results consideration should be given for extension oY the program. After diacuasion of weather conditions and costa, motion was made by Alderman Bentley, seconded by Alderman Dabba: That authorize the Mayor to have one more spray by plane at the end of the season if the mosquito problem becomes unbearable. Upon vote, the voting wen as follows: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabba. Noes. None. 7'he Ease for private non-profit associations serving mixed drinks under provisions of Act 132 of the 1969 Acta of Arkansas were discussed, and it was ascertained an amount np to $250.00 and/or 5~ could be asaeased. After discussion, motion xae made by Alderman Rodgers, seconded by Alderman Leggett: That the City levy a tax for clubs serving mixed drinks. Upon vote, the voting was as follows: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: None. Thereupon, the following ordinance was introduced by Alderman Weis "An Ordinance To Levy An Annual Permit Fee Upon All Private Non-Profit Associations And/Or Corporations Established For Fraternal, Patriotic, Recreational, Political, Social And Other Mutual Purposes, As Authorized By Lax, Established Not For Pecuniary Gain, Wherein Said Non-Profit Associations And/Or Corporations Have Been Granted A Mired Drink Permit From The Arkansas Beverage Control Board, Pursuant To Act 132 Of The 1969 Acta Of Arkansas: To Provide For The Time Of Payment Of Such Permit, Declaring An Emergency And For Other Purposes" and the City Attorney read the ordinance in full. Alderman Bowie, seconded by Alderman Horton, 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 Mayer put the queation~on the adoption of the motion and the roll being called, the following voted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: 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 role, 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 Bentley 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: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: None. The Mayor declared that at least txo-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion xas carried and the rule suspended. The ordinance xas then read the third time by the City Attorney. Alderman Dabbs, seconded by Alderman Leggett, 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 noted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: None. Alderman Smith, seconded by Alderman Weie, moved that the aedti:onr~ be adopted. The question was put by the Mayor on the adoption of the motion and the roll bring called, the following voted: Ayes: Aldermen: Horton, Leggett, Rodgers, Smith, Weis, Bentley, Bowie, and Dabbs. Noes: None. NSd~ayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which xas attested by the City Clerk, and impressed with the seal of the City. The ordinance was given No. 609. The ordinance read as follows: ORDINANCE N0. 609 AN ORDINANCE TO LEVY AN ANNUAL PERMIT FEE UPON ALL PRIVATE NON-PROFIT ASSOC@TIONS AND/OR CORPORATIONS ESTABLISHED FOR FRATERNAL, PATRIOTIC, RECREATIONAL, POLITICAL, SOCIAL AND OTBER MUTUAL PURPOSES, AS AUTHORIZED BY LAW, ESTABLISHED NOT FOR PECUNIARY GAIN, WHEREIN SAID NON- PROFIT ASSOCIATIONS AND/OR CORPORATIONS HAVE BEEN GRANTED A MI%ED DRINK PERMIT FROM TAE ARKANSAS BEVERAGE CONTROL BOARD, PURSUANT TO ACT 132 OF THE 1969 ACTS OF ARKANSAS: TO PROVIDE FOR TAE TIME OF PAYMENT OF SUCH PERMIT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY TAE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That pursuant to Act 132 of the 1969 Acta of Arkansas, an annual permit fee in the amount of $250.00 is hereby levied and asaeased on each and every non-profit sasociation and/or corporation established for fraternal, patriotic, recreational, political, social or other mutual purposes as authorized by law, established not for pecuniary gain, within the City of Weat Memphis, wherein said organization has been granted a permit under the authority specifically set forth in Act 132 of the 1969 Acta of Arkansas. Section 2. Said permit fee shall be due and payable on January let of each year by all such non-profit associations and/or corporations hereinbefore set out and said permit fee shall become delinquent on February let thereafter. Any such non-profit sasociation and/or corporation as hereinbefore mentioned in t'hich a permit fee is payable to the City of Weat Memphis under this Ordinance subsequent to January let of a~ year, shall immediately apply for and pay the permit fee provided for in this Ordinance and if not paid xithin thirty days after such non-profit association and/or corporation is granted a permit by the Alcoholic Beverage Control Board under the authority of Act 132 of the 1969 Acte of Arkasas, then said Yee shall be delinquent and the Chief of Police shall forthxith notify the Arkansas Beverage Control of such delinquency and request that said permit issued by the Arkansas Beverage Control be revoked according to Act 1~2 oY the 1969 Acta of Arkansas. g~ Section 3. It is hereby found and determined by the City Council of the City of West Memphis, Arkansas, that this Ordinance is immediately necessary for the health, safety and welfare of the citizens of Weat Memphis and an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. Alderman Smith requested consideration of a public hearing on the question of changing voting wards. After discussion of State Statutes, it was concensua of opinion the Council can not expedite the matter until receive information ae to appraised valuation of property in each precinct. Alderman Rodgers requested the Mayor appoint a committee to study the possibility or feasibility of securing voting machines prior to the neat election. The sale or lease of machines, storage apace, state statutes pertaining to elctiona on the question of voting machines were diacusaed. Alderman Smith brought to the Council's attention the possibility of the Utility Commission office building at 111 S. 2nd Street being Bold, and requested the money from the sale be granted to the City for the auditorium construction fund. Alderman Smith requested Fire Chief Simmons meet with the Council once a month to report on the operation of the Fire Department. Also, that Chief of Police Young meet with the Council at the next meeting for a report on previous recommendations of the Council. Information was requested by Alderman Smith as to fnnda available for street work, and that the committee composed of Aldermen Horton, Bentley, and himself be notified prior to presentation of the next street work program. Mayor Eden reported necessary funds will not be accumulated until next summer due to problems not anticipated on the Barton Street work. Alderman Leggett requested information on street work in Worthington Park Subdivision. Alderman Bentley reported complaints he had received pertaining to street condition at 22nd and Jackson. Alderman Smith requested information on procedures for payltng speeding tickets, and was informed of State Statutes by City Attorney Wallin. Taxes and incentives for new industries were diacusaed. No further business being presented, the meeting was ad3ourned. ~~,~. ~; .. ATT ~ ~~~~`,C i APPROVED: SEPTEMBER Lt, 1969