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November 17, 1966MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 17TH DAY OF NOVEMBER, 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 17th day of November, 1966. The following were present: Mayor Bob Eden, and Aldermen: Franklin Bassett, R. C. Bowie, Earl Felts, Kirby Leggett, Paul Matthews, C. H. Rowton, and F. C. 4deis; 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 November 3, 1966, were approved as read. Mayor Eden informed the Council McCaa Chevrolet Company had been unable to deliver the two ton Chevrolet Truck purchased in June due to a strike and other matters beyond the local company's control, however, they can now deliver a 1967 model truck for an additional $236.00. After discussion, motion was made by Alderman Weisis.That the Mayor be authorized to purchase the 1967 truck for the additional $236.00. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. The Council was informed the Commissioners of the Public Housing Authority have recommended J. 0. Spotts be reappointed as a member of the Housing Authority for a term of five (5) years. There being no other recommendations presented, motion was made by Alderman Rowton: That Mr. Spotts be reappointed to serve as a Commissioner of the Public Housing Authority. The motion was seconded by Alderman Felts. Upon vote, the voting was as follows: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. Plat of Country Club Subdivision approved by the Planning Commission on November 10th was presented. Engineer Cy Bond reported to the Council he had been unable to hate any recorded drainage district easement pertaining to this property, however, he was certain when the original 3onstruction plans were filed an easement was shown, but he does not have a copy of the original plans. After discussion of maintaining easement, utility lines, clearing of bayou, and easement widths, motion was made by Alderman Felts: That the Plat of Country Club Subdivision be approved. The motion was seconded by Alderman Weis. Upon vote, the voting was as follows: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. Recommendation of the Planning Commission to rezone WZ of Lot 3 and Lot 4, Block 12, Compress Subdivision from RS-7 Single Family Residence to RM-2 Multi-Family Residence was presented. Attorney Ralph Sloan in behalf of the applicants R. V. 4~eeler, Jr., Mary Berry Wheeler Waldrep, Carl E. Waldrep, Jr., Nary Carolyn Waldrep and Eleanor ILewis Harkey Wheeler stated an option had been given on the property pending rezoning that would permit construction of five two story buildings that would consist of 40 two bedroom units with central air conditioning, heating, stove, refrigerator renting for ;$110.00 per month, also the apartment complex would have separate service building and swimming Wool. Mr. Bob N9cCarley, one of the interested parties in the proposed apartment complex, stated he had contacted property owners in the vicinity and the Council was informed no objectors appeared at the Planning Commission Meeting. After discussion, Alderman Rowton introduced an ordinance erntitled: "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of West P"emphis, Arkansas" and the City Attorney read the ordinance in full. Alderman Weis, seconded by Alderman Bowie, 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 Nlayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. Thereupon the Nlayor 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 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: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: None. The Nlayor declared that at least two-thirds of all members electrEi 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 Felts, 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: Bassett, Bowie, Felts, Leggett atthews, Rowton, and Weis. No: None. Alderman Weis, seconded by Alderman Bowie, moved that Sec4on 2, the emergency clause, be adopted and on roll call the following voted: Aye: Alderman: Bassett, Bowie, Felts, Leggett, Matthews Rowton, and Weis. 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. 510, and read as follows: iAYY4wx~r.i..,,»YMNYkalHSiYtlt~ir~•:NUVW:+..+c.~+:uMO....u.w,.....w... .. ,..,:«.. ...~......,.:-.._......__. .~.___~...._.... _ .,. _ _ I- :"--rt: _++ ORDINANCE NO. ; I : ::. -. AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS ARKANSAS WHEREAS, R. V. Wheeler, Jr. , Mary Berry Wheeler Waldrep, Carl E. Waldrep, Jr. , Mary Carolyn Waldrep and Eleanor Lewis Harkey Wheeler have petitioned the Planning Commission to re-zone and re-.designate certain property hereinafter described; and WHEREAS, notice was duly published on October 24, 1966, as provided by law; of a hearing to be held before the West Memphis City Planning Commission at 5:00 p, m, on November 10, 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 November 10, 1966, said petition was considered by the Planning Commission and no persons appearing to protest the same, 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 I: (a) That the following described property, to-wit: The W a of Lot 3 and all. of Lot 4 in Block 12 of the Compress Addition in the city of West Memphis, Arkansas, be and the same is hereby re-zoned and re-designated as RM-2, Multi- Family Residence District. SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the property above described 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. ~'; ~~ ;_; Recommendation of the Planning Commission that application of Guaranty Loan and Real Estate Company be granted for the rezoning of an aBea east of the Avondale Apartments for additional apartments was Presented, Attorney Ralph Sloan stated there will be 60 units in the apartment complex to have a swimming pool, play area for small children, a washeteria, and rents •to be $97.50 to X122.50. After discussion, Alderman Felts introduced an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of West Memphis, Arkansas", and the City Attorney read the ordinance in full. Alderman Bassett, seconded by Alderman Leggett, 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: Bassett, Bowie, Felts, Leggett, I•;atthews, Rowton, and rJeis. No: None. Thereupon the IEayor declared that, at least twoCthirds 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 the City Attorney. Alderman 1~"atthews, 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 P9ayor put the question on the adoption of the motion and the roll being called the following voted: .Aye: Aldermen: Bassett, Bowie, Felts, Leggett, I•;atthews, Rowton, and Weis. Ido : None . The Mayor declared that at least two-thirds of all members elected to the Council having ti-oted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by Alderman ~Jeis. Alderman Rowton, seconded by Alderman Felts 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: Bassett, Bowie, Felts, Leggett, 2~iatthews, Rowton, and ldeis. No: None. Alderman Leggett, seconded by Alderman Matthews moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, T'atthews, Rowton, and Weis. No: None. The Mayor thereupon declared the ordinance and. the emergency clause adopted and signed the ordinance, ta?~ich was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 511, and read as follows: _~ _ A~ __ -_.---_-_----- ~ ___ .-._ _._. - _ .T -- ~_ ~ ____ ORDINANCE NO. •~~ ~ I AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Guaranty°Loan and Reai Estate Company has petitioned the Planning Commission to re-zone and re-designate certain property hereinafter described; and WHEREAS, notice was duly published on October 17, 1966, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 p, m, on November 10, 1966, for the purpose of hearing any interested parties in connection with the re-zoning and re-designating of said lands; and WHEREAS, at said meeting on November 10, 1966, said petition was considered by the Planning Commission and no persons appearing to protest the same, 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 I: (a) That the following described property, to-wit: That part of the N~ SZ of Section 1, Township 6 North, Range 8 East, described as follows: Beginning at a point on the south line of the NZ SZ of Section 1 which is 703, 26 feet east of the north-south center line of Section 1, run thence north 1 degree 25 minutes west a distance of 400 feet; thence north 88 degrees 35 minutes east 27. 65 feet; thence south 67 degrees 42 minutes east 273, 54 feet; thence north 88 degrees35 minutes east 270 feet; thence south 1 degree 25 minutes east 290 feet to a point on the south line of the NZ S2 of Section 1; thence south 88 degrees 35 minutes west 550 feet to the point of beginning, be and the same is hereby re-zoned and re-designated as RM-1, Multi- Family District. SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the property above described is in the process of development; 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. Mayor :1`den informed the Council the Planning Commission had recommended the rezoning in Westwood Acres in accordance with petition filed. Excerpts pertaining to the rezoning hearing on November 10th were read. Messrs. J. C. Rainer III and Bob Lehr were present and exhibited plats of the areas to be rezoned. Tract No. la being the controversial area was discussed at length. P;r. Rainer informed the. Council the apartments to be constructed in this area are of the Garden-type to rent :$90.00 to $120.00 per month. Plot plan for the complex was displayed, two units facing each other with off-street parking between the buildings. Mr. Rainer stated that a decorative fence will be constructed between the apartments and residences and the fence will be as high as home owners desire. The following letter was also filed: The Honorable R. E. Eden Mayor of ;lest Miemphis Arkansas My dear Piayor Eden: j~ The vJest Memphis Planning Commission recently granted the Rezoning Petition for us along Avalon Street. Included in the discussion of the rezoning proposal was a commitment on our part to build a protective screen between the back lot-line of the apartments and the rear lot-line of the houses fronting on Oxford Street. Actually, according to the Bill of Assurance, which is now on record, and according to FHA Regulations, we are required to have a protective screen along this line. ?nie would like to further define this screen to mean that we will build a decorative fence of sufficient height to fully screen the residential area from the apartments which will add an attractiveness to the back of the houses on Oxford Street, and which will prevent any circulation between the houses and the apartment area. This fence has been in our plans from the beginning, and we want to re-emphasize that we plan to build it and are fully obliging ourselves to you and the City and the homeowners on Oxford Street to see that it is built when the apartments are built. Sincerely yours, ~S/ J. C. RAINER, III President ~tHt~-it-tt-t~: No one appeared to object to the rezoning, thereupon Alderman Rowton introduced an ordinance entitled "An Ordinance Amending Existing Zoning Ordinance Of The City Of West Memphis, Arkansas" and G~3ty Attorney Dillahunty read the ordinance in full. Alderman l~Teis, seconded by Alderman Bowie, 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: lldermen: Bassett, Bowie, Felts, Leggett, Matthews, Rowton, and Weis. No: 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 the City Attorney. Alderman Matthews, seconded by Alderman Leggett then nwved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placeq on its third reading. The Mayor put the question on the adoption of the motion and the poll being called the following acted: Aye: Aldermen: Bassett, Bowie, Felts, Leggett, P"atthews, Rowton, and Weis. 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 Bassett. Alderman Felts, 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: A,ye: Aldermen: Bassett, Bowie, Felts, Leggett, I°iatthews, Rowton, and Weis. No: None. Alderman Weis, seconded by Alderman Bowie, moved that Section 2, the emergency clause; be adopted, and on roll call the following voted: Aye: Aldermen: Bassett, .Bowie, Felts, Leggett, Matthews, Rowton, and Weis. 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. 512, and read. as follows: ~lIWF3P~178?~+c7~kY~Gtil~li-txaYM'w~-.tlt'rr.,[. _E~_~.~an..e x,.rv~x„n ~,.,, ,.,,~~,~c.uau~.:~„h~:_.. .. ......,_..~_..., ......~;.._.-._ _...__.._...._.~...,__. ..... _ _. O~tDINANCH ND. '' I ,~ AN ORDINANCE AMENDING BXISTING ZONING ORDINANCE OF THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, McCarley, Rainer & Lehr, Inc. and J. C. Rainer III being the owners of a substantial portion of the hereinafter described zeal estate filed a petition for an amendment to the existing zoning ordinance with the Planning Commission of the City of West Memphis, Arkansas, asking that the zoning ordinance of the City of West Memphis be amended as same affects the follow- ins described real estate lying and being situate in the City of West Memphis, County of Crittenden, State of Arkansas, to-wit: Tract No. 1: Commencing at the point of intersection of the West line of Section 13, Township 6 North, Range 8 East, and the centerline of U. S. Highway 70 as the point of beginning; thence South 0 Degrees 25 Minutes Eaat 562 ', feet; thence North 89 Degrees 35 Minutes Hast 175 feet; thence South O Degrees 25 Minutes East 462.92 feet; thence North 62 Degrees 35 Minutes East 673.73 feet to the point of curvature of a 2 Degree 46 Minutes 54 Seconds curve to the right; thence along said curve a distance of 1309.8 feet to the point of tangent of said curve; thence South ~~ 80 Degrees 59 Minutes Hast 254.35 feet; thence South 151.87 feet; thence South 80 Degrees 59 Minutes Hast 35.44 feet; thence East 305 feet to the centerline of North Avalon Street; thence North approximately 827 feet. along the centerline of Avalon Street to the point of intersection with the centerline of U. S. Highway 70; thence Westwardly along the centerline of U. S. Highway 70 to the point of beginning; Tract No. 2: Commencing at the point of intersection of the West line of Section 13, Township 6 North, Range 8 East, and the South right of way line of U. S. Highway 70; thence South O Degrees 25 Minutes Bast along the West line of Section 13, Township 6 North, Range 8 East, 412 feet to the point of beginning; thence North. 89 Degrees / 35 Minutes Bast 175 feet; thence South 0 Degrees 25 Minutes Bast approximately 893 feet to the centerline of the drainage ditch; thence Westwardly along the centerline of the drainage ditch to a point of intersection with the West line of Section 13, Township 6 North, Range 8 Eastj thence North O Degrees 25 Minutes West along the West line of Section 13, Township 6 North, Range 8 East,approxisatelr 1038 feet to the point of beginning; -- ,tiN,agCYl,ci?lu+lP~N' YANdB°illm ~:aaE s {;.n~.:~::^~a ... :~,.,, .~;.,... - _ _. Tract No. 3: Commencing at the point of intersection of the centerline of South~v[valon and the centerline of U. S. Highway 70; thence South along the centerline of South Avalon approximately 827 feet to the point of beginning; thence South .along the centerline of South Avalon approximately 293 feet to the centerline of the drainage ditch; thence Westwardly along the centerline ~ of the drainage ditch approximately 2,543 feet; thence North O Degrees 25 Minutes West approximately 430 feet; thence North 62 Degrees 35 Minutes Bast 673.73 feet to the point of curvature of a 2 Degree 46 Minutes 54 Seconds curve to the right; thence along said curve a distance of 1309.8 feet to the point of tangent of said curve; thence South 80 Degrees 59 Minutes Bast 254.35 feet; thence South 151.87 feet; thence South 80 Degrees 59 Minutes Nast 35.44 feet; thence Bast approximately 305 feet to the centerline of South Avalon and the point of beginning; Tract No. 4: The goat Half of Block 2, and Lot 1, ~ Block 1, and Lot 1, Block 7, Westwood Acres, West Memphis, Crittenden County, Arkansas; and, WHBRfiAS, Bob Eden, Chairman of the Planning Commission of the City of West Memphis, in accordance with law, caused a notice to be published in the Evening Times, a newspaper published in West Memphis, Arkansas, and having a general circulation therein notifying all persons of the hearing to be held on the 10th day of November, 1966, on the aforesaid petition; and, WHEREAS, on the 10th day of November; 1966, at 5:00 P• M•, in the courtroom of the Municipal Court of West Memphis, Arkansas, the said petition for amendment to the existing zoning .ordinance was presented by McCarley, Rainer ~ Lehr, Inc. and J. C. Rainer III to the Planning Commission of the City of West Memphis, Arkansssf and after same was throughly considered, the members of said Planning Commission, a quorum being present and votings by a majority vote, voted to rezone said property as .requested by the petitioners; and, WHEREAS the Planning Commission of the city of West Memphis, Arkansas, has certified its recommendation to the City Council of Sf!A11A,.fdF!Wf!YF1y1dYi9:Sf1'~d::',~YWI wIpM:1:WY: f i•Ntia u:tm .„ N ..: _+nd _.. ..,.....:. ..:..- i West Memphis, Arkansas;"end, WHEREAS, the City Council of Weat Memphie, 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, B8 IT ORDAIN® by the City Council of the Gity of West Memphis, Arkansas: , I • Section 1. The existing zoning ordinance of the City of West Memphis, Arkansas, be and same hereby is amended as follows: (a). Tract No. l aforesaid in fts entirety is zoned as C-3-Major Shopping; (b). Tract No. 2 aforesaid in its entirety is zoned~as RS-7-Single Family; (c). Tract No. 3 aforesaid in its entirety is zoned as RM-2-Multiple Family; (d ), Tract No. 4 aforesaid in its entirety is zoned as ', RM-2-Multiple Family. i .Section 2. That it is ascertained and declared that ~ there is an immediate and urgent need for the said anendmsnt to the existing zoning ordinance in order that the said. property 1 may bei used without delay. It is, therefore, declared that an emergency exists and this ordinance, being necessary-far th.e { •~ immediate preservation of the. public peace, health., and safety,.. shall take effect to be in force from and aftes its passags. ~;;- Alderman Bassett brought to the Councils attention salary increases for employees of the Fire and Police Departments. P4ayor Eden stated salary increases have been made for the past four years, also the City is paying $3.00 per month on insurance premiums. The subjects of preparation of the budget, pay rasises, funds available, State Constitution Salary restrictions, and pension funds for city employees were discussed. No further business being presented, the meeting was adjourned. •~ (c/ ~ iA R ~~ ATTES~~ ~~ CITY C gPPROVED: DECF~tSBER 1, 1966