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October 20, 1966 MINUTES OF A RDGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HF.L.n AT THE CITY HALT_.IN SAID CITY ON THE 20TH. DAY_OF OCTOBER. 1966. 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 3:00 o'clock P.M. on the 20th day of October, 1966. The following were present: Mayor Bob Eden, and Aldermen: C. H. Rowton, F. C. Weis, Franklin Bassett, R. C. Bowie, Earl Felts, Kirby Leggett, and Paul Matthews; and City Attorney W. H. Dillahunty. Absent: Alderman 0. I..Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting,on October 6, 1966, were approved as read. Mayor Eden reported to the Council he had conferred with Mr. Bill Bonner of the University of Arkansas as to the eligibility of the City to obtain a priority for Federal Funds for Urban Renewal Program as said Funds are disbursed on an allocated basis upon the recommendation of the City Planning Division of the University of Arkansas. Mr. Frank Cianciola, owner of the Harlem Theatre at 9th and Broadway, appeared and requested the Council to reduce the amount of privilege license paid for the operation of his theatre. P1r. Cianciola stated he pays $150.00 for the theatre, $12.50 retail merchant and $2.50 popcorn machine licenses; and there has been a drop in attendance at his theatre due to T.V., loss of negro population, therefore, is operating only on Fridays, Saturdays, and Sundays. After discussion, motion was made by Alderman Matthews: That the request for reduction in privilege license betaken under advisement. The motion was seconded by Alderman Weis. Upon vote, the voting was as follows: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, and Matthews. Nay: None. Alderman Bollinger made a delayed appearance. Mayor Eden informed the Council the Planning Commission had recommended the rezoning of Lots 1, 1-A, 2, 3, 4, 5, 10, 11, Block 19, Wheeler Subdivision from RS-7 to RM-2. Excerpts from Planning Commission Minutes on October 6th were read. After discussion with Attorney Elton Rieves III, who represented the applicant Marion Thomas, an ordinance entitled "An Ordinance Changing Classification Of Lots 1 (1), One-A (1-A), Two (2), Three (3), Four (4), Five (5), Ten (10), and Eleven (11) in Block Nineteen (19), Wheeler Subdivision To The City Of West Memphis, Crittenden County, Arkansas, From Zone RS-7 to RM-2" was introduced by Alderman C. H. Rowton and read in full by City Attorney Dillahunty. Alderman Weis, seconded by Alderman Felts, 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, and Matthews, 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 City Attorney Dillahunty. Alderman Matthews, seconded by Alderman Bowie 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: 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 Bassett. Alderman Leggett, seconded by Alderman Bollinger, 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: None. Alderman Rowton, seconded by Alderman Weis, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: 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. 507. } ORDINANCE N0. JC) '7 AN ORDINANCE CHANGING CLASSIFICATION OF LOTS 1 (1), ONE-A (1-A), TWO (2), THREE (3), FOUR (4), FIVE'(5); TEN (10), and ELEVEN (11) IN BLOCK NINETEEN (19);. WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS' CRITTENDEN COUNTYi ARKANSAS FROM ZONE RS-7 TO RM-2: WHEREAS, Marion Thomas, claiming to be the owner', 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 October 6, 3966, on the aforesaid application; and WHEREAS,. on the 6th day of October, 1966, at 5400 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 to the Planning 'Commission of the .City of West Memphis, Arkansas, and after the same was thoroughlyY 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 Memphs,,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 is hereby '-{5 '. 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: Lots 1 (1), One-A (1-A), Two (2); Three (3), Four (4), . Five (5), Ten (~0), and Eleven (11) in Block Nineteen,(19f, '~ Wheeler Subdivision to the City. of West Memphis, Crittenden County, Arkansas. Y 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: Excerpts from Planning Commission Minutes of October 6th recommending the approval of petition of Skyvue Amusement Company, Inc, were read. Attorney Ralph Sloan in behalf of the applicant informed the Council the complex of apartments will also have service buildings, a playground, a swimming pool is proposed, and there will be a buffer zone between the Commercial Area on Broadway and the apartments. After discussion, Alderman Bollinger introduced an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of West Memphis, Arkansas", and City Attorney read the ordinance in full. Alderman Leggett, seconded by Alderman Bassett, 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 puti~the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, 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 City Attorney. Alderman Bowie, seconded by Alderman Matthews 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: None. The h;ayor 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 Felts. Alderman Weis, seconded by Alderman Rowton, 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: None. Alderman Bollinger, seconded by Alderman Leggett, moved that Section 2, the emergency section be adopted, and on roll call the following voted: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: 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. 508. The ordinance read as follows: +~ ORDINANCE NO. 5 ~ ~' AN ORDINANCE TO RE-ZONE RND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS . WHEREAS, Skyvue Amusement Company, Inc. has petitioned the Planning Commission to re-zone and re-designate certain property. herein- i after described; and WHEREAS, notice was duly published on September 20, 1966„ as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 on October 6, 1966, for the purpose of hearing _~ any interested parties in connection with the rezoning and re-designating of said lands; and WHEREAS, at said meeting on October 6, 1966, at 5:00 p. m, said petition was considered by the Planning Commission and no persons appearing '- to protest said petition, the Planning Commission recommended to the City Council that said petition be granted: NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION 1: (a) That the following described property, to-wit: , Starting at the intersection of section line of Sections 16 and 17, Township 6 North, Range 9 East, and the south right of way line of U. S. Highway No. 70; thence west along said right of way line 846.38 feet to a point; thence south at a ninety degree angle from the south right of way line of Highway 70 a distance of 192.56 feet to the point of beginning; thence continue south 94.5 feet; thence south 38 degrees 44 minutes a distance of 207.22 feet; thence South ?degrees 22 minutes East a distance of 69.78 feet; thence South a distance of 100 feet to the point of beginning of a 10 degree 24 minute curve; the tangent of the curve at said point having a bearing of South 50 degrees 47 minutes West thence Westwardly along the arc of said curve a distance of 722. 86 feet to a point which is the ending ofs3id curve; thence North 24 degrees 21 minutes West a distance of 38. 14 feet; thence North 7 degrees 42 minutes 30 seconds West a distance of 35. 12 feet; thence North a distance of 100.0 feet; thence North 10 degrees 24 minutes 30 seconds East a distance of 57. O6 feet; thence North 30 degrees 51 minutes East a distance of 99.25 feet; thence North 38 degrees 38 minutes 45 seconds East a distance of 179.74 feet; thence east a distance of 400 feet on a line parallel with the south right of way line of U. S. Highway No. 70 to the point of beginning and being , situated in the NE4 of Section 17, Township 6 North,' Range 8 East, ' "~`S 2, a be and the same is hereby re-zoned and re-designated as RM-2 Multiple Family Residence District. SECTION 2: EMERGENCY CLAUSE: It is hereby ascertained and declared , to be a fact that the above described property is in the process of develop ment; that the passage of this Ordinance is in the interest of the public peace, health, safety and welfare of the citizens. 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. Due to the number of motorcyle and motor scooter accidents City Attorney Dillahunty presented an ordinance for consideration of the Council providing that drivers and passengers of motorcylles and motor scooters wear protective headgear. The City Attorney informed the Council Act 201 of the Acts of the General Assembly of 1959 covers other safety equipment was the reason this ordinance pertains only to headgear. After discussion, an ordinance entitled "An Ordinance Requiring Drivers And Passengers Of Motorcycles And Motor Scooters To Wear Protective Helmets: Providing Penalty For Violations: Declaring An Emergency And For Other Purposes" was introduced by Alderman Rowton. The ordinance was read in full by City Attorney Dillahunty. Alderman Weis, seconded by Alderman Felts, 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, 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 City Attorney. Alderman Matthews, seconded by Alderman Bowie 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: 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 Bassett. Alderman Leggett, seconded by Alderman Bollinger, 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: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: None. Alderman Rowton, seconded by Alderman Weis, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: 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. 509. The ordinance read as follows: ORDINANCE NO. J'~Q AN ORDINANCE REQUIRING DRIVERS AND PASSENGERS OF MOTORCYCLES AND MOTOR SCOOTERS TO WEAR PROTECTIVE HELMETS: PROVIDING PENALTY FOR VIOLATIONS: DECLARING AN EMERGENCY AND FOR 1 OTHER PURPOSES. ~ WHEREAS, many injuries occur to the drivers and '•~ passengers of motorcycles and motor scooters due to the lack of protective headgear; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~;. OR WEST MEMPHIS, ARKANSAS; Section 1. From and after the passage of this - ordinance, all drivers and passengers of motorcycles and motor ~ scooters, as defined in Act No. 201 of the Acts of the General Assembly of 1959, shall be required to wear protective, head helmets when operating or riding such motorcycles or motor scooters. • Section 2. Any person violating this ordinance shall be guilty of a misdemeanor. and upon. conviction thereof shall`be fined not less than 510.00 nor more than S50.OO, or imprisoned not more than thirty (30) days, or shall be both fined and imprisoned.. Section 3. It being determined by the City Council. that this ordinance being necessary for preservation of the health, safety and welfare of the inhabitants of West Memphis, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage, approval and publication as , required by law. A Lease Agreement to be entered into between the City of West Memphis and The Wonder City Boysi Club for the L. R. Jackson Community Center at 412 S. 25th Street was read and presented to the Council for their consideration. The authority of the City to enter into a lease agreement for city property was questioned, and City Attorney Dillahunty advised the Council the City may enter into a lease agreement with a non-profit organization. After discussion as to proper supervision, repairs, term of lease, availability to the public for other functions, the matter was taken under advisement. Mayor Eden brought to the Councils attention the necessity of purchasing a new street sweeper. After discussion of various types, cost, repairs, operation, motion was made by Alderman. Weis: That the Mayor be authorized to advertise for bids for a street sweeper. The motion was seconded by Alderman Matthews. Upon vote, the voting was as follows: Aye: Aldermen: Rowton, Weis, Bassett, Bowie, Felts, Leggett, Matthews, and Bollinger. Nay: None. The participation of the State of Arkansas in Farm to Market Roads, and the establishment of a Department by the State Highway Department that recommends to cities what should be done to their streets and roads was explained by the Mayor, also progress being made by the City on recommendations of the Department. No further business being presented, the meeting was adjourned. ~ MAYOR ATTEST__~G~ ~ ~2~. CITY CL APPROVED: NOVEMBER 3, 1966