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January 20, 1966.; MINUTES pF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 20TH DAY OF JANUARY 166. _ _ _-- _.~ The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock p.m., on the 20th day of January, 1966. The following were present: Mayor Bob Eden, and Aldermen: R. C. Bowie, Earl Felts, Kirby Leggett, Paul Matthews, C. H. Rowton, F. C. Weis, and 0. I. Bollinger. Absent: Alderman Franklin Bassett and City Attorney W. H. Dillahunty. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on January 6, 1966, were approved as read. The Mayor presented recommendation of the Planning Commission that Lot 7, Block 7, Compress Subdivision To The City Of West Memphis be rezoned from RS-7 to RM-2. Attorney Elton Rieves III, appeared in behalf of the property owners Sheriff Marion Thomas and Dr. Ralph Hamilton. The Council was informed apartments owned by Dr. Hamilton were constructed prior to passage of zoning Ordinance No. l~11, and in case of destruction the apartments could not be rebuilt under the present zone RS-7. Also, the property owned by Sheriff Thomas is adjacent to a commercial zone, and he would like to construct a duplex and convert a single family residence into a duplex. After discussion, Alderman Matthews introduced an ordinance entitled "An Ordinance Changing Classification Of Lot Seven (7), Block Seven (7), Compress Addition To The City Of West Memphis, Arkansas, From Zone RS-7 To RM-2," and Alderman Leggett read the ordinance in full. Alderman Felts, seconded by Alderman Bollinger, moved that the rule requiring the reading of an ordinance or resolution 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: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. Nay: 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 rule, the motion was carried and the rule suspended. The ordinance was then read by Alderman Leggett. Alderman Bowie, seconded by Alderman Weis 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: Yes: Aldermen: Howie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. Nay: None. The Mayor declared that at least two-thirds of all members elected to the Oouncil having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by Alderman Weis. Alderman Rowton, seconded by Alderman Matthews moved that the ordinance be adopted. The question was put by the Niayor on the adoption of the motion and the roll being called, the following voted: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. Nay: None. Alderman Leggett, seconded by Alderman Felts, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. Nay: None. The riayor 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. 490. The ordinance read as follows: ORDINANCE N0. 490 AN ORDINANCE CHANGING CLASSIFICATION OF LOT SEVEN (7), BLOCK SEVEN (7), COMPRESS ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, FRONT ZONE RS-7 TO RM-2. WHEREAS, Marion Thomas and Ralph Hamilton, claiming to be the owners of the property hereinafter described, filed an application for an amendment to existing zoning ordinance with the Planning Commission of the City of West Memphis, Arkansas, asking that said property be rezoned from RS-7 to RM-2; and WHEREAS, Bob Eden, Chairman of the Planning Commission for the City of West Memphis, in accordance with law, caused a notice to be published in the Evening Times notifying all persons of the hearing to be held on January 13, 1966, on the aforesaid application; and WHEREAS, on the 13th day of January, 1966 at 5:00 P.M. in the courtroom of the Municipal Court of West Memphis, Arkansas, the said application for amendment to existing zoning ordinance was presented by Marion Thomas and Ralph Hamilton to the Planning Commission of the City of West Memphis, Arkansas, and after the same was thoroughly considered, the said Planning Commission voted unanimously to rezone said property from that of RS-7 to RM-2; and WHEREAS, the Planning Commission of the City of West Memphis, Arkansas, has certified its recommendation to the City Council of West Memphis, Arkansas; and WHEREAS, the City Council of West Memphis, Arkansas, deems it in the best interest of the City of West Memphis, Arkansas, to accept the said recommendation of said Planning Commission; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1: The existing zoning ordinance of the City of West Memphis, Arkansas, be and the same hereby is amended so that the property hereinafter described shall be situated in Zone RM-2 as opposed to the existing zone of RS-7; said property being described as follows: Lot Seven (7), Block Seven (7), Compress Addition to the City of West Memphis, Arkansas. Section 2: That it is ascertained and declared that there is an immediate and urgent need for the said amendment to the existing zoning ordinance in order that the said property may be improved without delay. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. #iFiE3:-:Y.F##iHHF# The following petition was presented by Mr. Boyd R. Sims: ~Je, The Undersigned Property Owners And Residents, By Our Signatures Affixed Hereto, Do Hereby State To The City Council That We Have No Objection To A 6 Months Temporary Permit Being Issued To Boyd R. Sims, 505 Denton, For The Placing Of A 10 x 46 Ft. Housetrailer In The Rear Of His Yard For Occupancy By Mr. and Mrs. J. F. Grant, His Father-In-Law And Mother-In-Law. NAME ADDRESS LOCATION Carl M. Lively 503 Denton Same Melba Holmes 501 Denton Same Mrs. Harry Oswoski 409 Denton Same W. R. Thetford 407 Denton Same Jean Hammon 405 Denton Same Glenn Reeder 500 Denton Front Mrs. David Wells 504 Denton Front Mrs. ftoy Patey 2921 Dickson Front Millard Edington 507 Denson Same J. Stangley Terry 509 Denton Same M. A. Hill 601 Denton Same Mrs. S. Hamric 603 Denton Same Mrs. J. C. Walker 605 Denton Same Mrs. Cay Rimmer Front Mrs. William Burk 2921 White Front Mr. B. H. Aldrian 506 N. 32nd Rear Mrs. Rufus Reavis 508 Id. 32nd Front Mr. William R. Lindsey 600 N. 32nd Rear N9r. Joe F. Burrow 604 N. 32nd Rear Nor. Sims informed the Council his in-laws are elderly and not able to care for themselves. The Council advised Mr. Sims the trailer would have to be connected to the sewer; and if anyone objects the permit, if granted, could be revoked at any time and the trailer would have to be removed within ten days. After discussion, motion was made by Alderman Bowie: That Mr. Boyd ID. Sims be granted a permit for a trailer at 505 Denton for six months. The motion was seconded by Alderman Leggett. Upon vote, the voting' was as follows: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Weis, No: None. Mayor Eden informed the Council he had conferred with officials of Housing and Home Finance Agency in regard to sewer treatment facilities, and the following resolution had been prepared for consideration: i _._. __.. RESOLUTION NO. Zg3 it ,i (To 6e used anless contrary to local Law) l Authorizing filing of application with the United States of America for an advance to provide for the planning of public works antler the terms of Public L.aw 560, 83rd Congress of the United States, as amended. ~iVIiEREAS, City of West Memphis, Arkansas _ (herein cnLled the "Applicant") after (Legal name of applicant) thorough consideration of the various aspects of the problem and study of available data has hereby determined that the con- struction of certain public works, generally described as Sewage .Treatment Facilities _ is desirable and in the public interest and to that end it is necessary that action preliminary to [he constntctionofsaidworks be taken immediately; and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of Americahas authorized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminazy to and in preparation for the construction of public works; and WHEREAS, the applicant has examined and duly considered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith; NOW, THF,RF.FORE, BE IT RESOLVED BY The Mayor and City Council the governing body of said applicant, as follows; I. That the constn~ction of said public works is essential to and is to the best interests of the applicant, and to the end that such public works maybe provided as promptly as practicable it is desirable that action preliminary co the construction thereof be undertaken immediately; 2. That _ Rob; Eden, Mayor _ _ be hereby authorized to file in behalf of the applicant an application (in form required by the United States and in conformity with s.3id actl fer an advance to be made by the United States to the applicant to aid in defraying the cost of plan prepazation for the above described public works, which shall consist generally of T 3. That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; 4. The laic{ Rob Eden,_ Ma~ror ____ is hereby authorized to furnish such information and take such action as may he necessary to enable the applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the p•:rpose of furnishing to the United States such information, data, and documents pertaining to the application for an advance as may be required; and otherwise to act as the authorized representative of the applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application far an advance to b~ submitted to the United States. After discussion, motion was made by Alderman Rowton, seconded by Alderman Matthews: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. No: None. Mayor Eden brought to the Council's attention that City Attorney Dillahunty had prepared an ordinance for retirement benefits for H. D. Holland as instructed on January 6th. Alderman Rowton introduced the ordinance entitled "An Ordinance Providing For Retirement Benefits For H. D. Holland: Declaring An Emergency And For Other Purposes" and Alderman Weis read the ordinance in full. Alderman Bowie, seconded by Alderman Bollinger, moved that the rule requiring the reading of an ordinance or resolution 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: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. No: None. Thereupon the Mayor declared that at least two-thirds cf all members of the Council hang voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by Alderman 1t~ais, Alderman Felts, seconded by Alderman Leggett 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: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rcwton, Weis, and Bollinger. No: 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 was carried and the rule suspended. The ordinance was then read by Alderman Matthews. Alderman Rowton, seconded by Alderman Weis, 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: fes: Aldermen: Bollinger, Bowie, Felts, Legge, Matthews, Rowton, and Weis. TJo : None . Alderman Bowie, seconded by Alderman Felts, moved that Section 3, the emergency clause, oe adopted, and on roll call the following voted: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. PJo : None . The P7ayor 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. 491. -:. The ordinance read as follows: ORDINANCE N0. 491 AN ORDINANCE PROVIDING FOR RETIREPIEPIT BENEFITS FOR H. D. HOLLAND: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, H. D. HOLLAND has served the City of tiJest Memphis, Arkansas, for many years in the capacity of a law enforcement officer; and WHEREAS, the City Council has determined that a provision be made for retirement benefits to be paid to H. D. Holland for faithful and dutiful services rendered; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'nfEST i4F1~5PHI5, ARKANSAS: Section 1. That H. D. Holland be, and he is hereby, granted a monthly retirement benefit of Three Hundred and. No/100ths Dollars ($300.00) per month for life or until such time as he may secure employment that would provide compensation equal to the present salary being paid by the City of F7est Memphis, but in no event shall the total of such employment compensation and retirement benefits exceed the present salary being paid by the City of West Memphis. Section 2. That the treasurer of the City be, and he is hereby, authorized and directed to pay such retirement benefit each month as provided above. Section 3. It is hereby found and declared that an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety, same shall be in full force and effect from and after its passage, approval and Publication as required by law. 3:~HH~ Preliminary The Mayor presented the ~udget for 1966 in the approximate amount of $1,11~1~,670.39. After discussion, motion was made by Alderman 1•deis: That the Budget as presented be accepted with an amendment that an increase of $10.00 per month across the board be paid the members of the Police and Fire Departments. The motion was seconded by Alderman Leggett; and upon vote, the voting was as follows: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. The i4ayor stated the increase in salary to Police and Fire Departments would increase the Budget $9,120.00 which would make an approximate total of $1,151,090.39, and necessitate requesting grants from Utility System of $259,520.34. Alderman Bollinger reported to the Council request had been made that the City fill a ditch where Gulf Oil Company is constructing a new station at 2004 Highway 61 Bypass. The concensus of opinion was that the fill would not benefit the City, therefore, could not be made. Mayor Eden presented figures as to population increase since 1950, and stated he did not think the 1964 Special Census presented an accurate count in accordance with his calculations based upon utility connections. Inasmuch as the Turnback Fund is $13.25 per person the City would gain approximately $47,700.00 if there is an increase of 3,600 people as reflected by the Mayor's calculations. The cost for taking the census would be $3,500 to $4,000.00. After discussion, motion was made by Alderman Matthews: That the Mayor be authorized to contact the Department of Commerce, Bureau of Census for a Special Census of West Plemphis. The motion was seconded by Alderman Rowton, and upon vote, the voting was as follows: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. Mayor Eden announced the third reading of the ordinance granting an exclusive franchise to Ark-Cable, Inc. would be postponed due to the absence of the City Attorney, who had to meet Senator J. W. Fulbright. Alderman Howie brought to the Council's attention articles on cable television service, and the Federal Communications Commission is scheduled to have a meeting on February 7th on the matter. After discussion, the third reading was postponed until February 17th Council P4eeting. No further business being presented the meeting was adjourned. MAYOR ATTEST: CITY CLERK APPROVED: