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May 2, 1968MINUTES OF COUNCIL MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MAY 2, 1968. _ i ._ ---- - --_--_____ ~~___-_ _-~ ___ ~-_ -_ -- - _ - - ~~- -- _ - ~~ 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 2nd day of May, ~i 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: C. T. Rodgers, ~' R. L. Smith, 0. I. Bollinger, 0. C. Haley, Pritchard Horton, Kirby Leggett, and Paul Matthexa; I, and City Attorney R. E. Wallin. i I; Absent: Alderman F. C. Weis. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on April 18th were approved as read. Alderman Weis made a delayed appearance. Mayor Eden informed the Council since the~aervicea of Gasaner Nathan Browne Seabrook were terminated by the Urban Renewal Agency and the City a list of firma whose work in ~,' Urban Renewal waa beyond reproach has been obtained, and he had contacted the one firm located in Arkansas, Donald S. Manes & Associates Inc. - Urban Planning Consultants of 705 Main Street, North Little Rock, to meet with the Council. Mr. Donald S. Manes and his partner Mr. Thomas S. Hodges were introduced, and Mr. Manes presented credentials and ~ explained qualifications of the firm. Among items commented on were the exploring of the goals and objectives of the City, physical capabilities, bonding ability, accumulated credits, ability of staff to perform work, updating of Comprehensive Plan, Neighborhood Analysis, Urban Renewal Areas and applications, information for cities pertaining to Federal Program Grants, cost for Comprehensive Plan Agreement and utilizing the Urban ~, Renewal investigation for the same $2,000.00 fee. Thereupon, motion waa made by Alderman Smith, seconded by Alderman Leggett: That the City Attorney be instructed to ' prepare Resolution authorizing the Mayor to enter into written contract with Donald S. Manes & Associates Inc. for fee of $2,000.00, the terms to be satisfactory with the Mayor. Upon vote, the voting was as follows: Aye: Aldermen: Rodgers, Smith, Bollinger, Haley, Horton, Leggett, Matthews, and Weis. No: None. ', Recommendation of the Planning Commission on April 24, 1968, to rezone property owned by City Real Estate Company was presented. Attorney Ralph Sloan on behalf of the owners stated a small shopping center of six or seven stores is contemplated upon leasing approximately 35 feet from the railroad. The Council was informed the area is outside the city limits, however, the owners plan to request annexation, and anticipate Dacus Lumber Company to request approximately 200 feet of their property annexed. Approval has been received to construct sewer lines under the highway from the Shopping Center at the owners coat, and water and gas lines are available, electricity to be furnished by Arkansas Power & light Company or the Utility Commission will have to be determined. The Mayor commented until the area is annexed will not have police and fire protection nor control over hooking on the sewer system, but city inspectors will have authority to inspect the work. After discussion, an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of Weat Memphis, Arkansas" was introduced by Alderman 4~.a, and City Attorney Wallin read the ordinance in full. Alderman Matthews, seconded by Alderman Rodgers, moved that the rule requiring the reading of i 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: Rodgers, Smith, Bollinger, Haley, Horton, Leggett, Matthews, and Weia. I, 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. ~I The ordinance was then read by the City Attorney. Alderman Haley, 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: Rodgers, Smith, Bollinger, Haley, Horton, Leggett, Matthews, 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 Weis. Alderman Matthews, seconded by Alderman Rodgers, 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: I~. Aye: Aldermen: Rodgers, Smith, Bollinger, Haley, Horton, Leggett, Matthews, and Weis. '~i, ~~j No: None. f!. ii Alderman Horton, seconded by Alderman Bollinger, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: ii " Aye: Aldermen: Rodgers, Smith, Bollinger, Haley, Horton, Leggett, Matthews, and Weis. ~! ~' No: None. ~'I' The Mayor thereupon declared the ordinance and the emergency clause adopted and aigne~l the ordinance, which was attested by the City Clerk and impressed with the seal of the City. ` he ii ordinance was given No. 560. The ordinance read as follows: i. ORDINANCE N0. 560 AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, City Real Estate Co. has petitioned the Planning Commission to re-zone and re-designa~ certain property hereinafter described; and WHEREAS, notice was duly published on April 5, 1968, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 p.m. on April 21~, 1968, 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 April 24, 1968, 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: A tract of]and in the NWq SW4 of Section 6, Township 6 North, Range 9 East, described as follows: Commencing at the intersection of the east line of U. S. Highway 61 and the south line of the NW~ SW4f run thence northwardly along the east line of U. S. Highway 61 250 feet to the point of beginning (said point of beginning being the northwest corner of the property of Dacus Lumber Company), run thence eastwardly at right angles to the east line of U. S. Highway 61 166.23 feet, more or leas, to a point in the west right of way of the St. Louis San Francisco Railway Company (which point is westerly at right angles 35 feet from the main track of said railway company); thence northwesterly along a line 35 feet from and parallel with the main track of said railway company a distance of 389.71: feet; thence westerly at right angles to the west line of Section 6 91.53 feet, more or leas, to the east line of U. S. Highway 61; thence south approximately 378 feet along the east line of U. S. Highway 61 to the point of beginning, be and the same is hereby re-zoned and re-designated as C-5, General Commercial 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. Preliminary Plat of Street and Utility Easements for Block 6, S~ of Block 8, Block 11, and the Weaver School Lot of Holiday Gardena Extension lying in the NE4 Section 7, T-6-N, R-9-E was submitted for tentative approval. Locatio~;tof proposed streets were discussed. Mayor Eden presented an ordinance authorizing imposing a curfew, and expressed hope a curfew will never have to be imposed but stated the City will not permit a breakdown of law and order. In commenting on the NAACP Goals the Mayor informed the Council the City has practiced fair employment policy to the best of its ability and elnbrated on the policies. The Mayor stated some of the demands are not applicable to the City, and the matters have been discussed with local merchants. The ordinance entitled "An Ordinance Authorizing In Time Of Emergency The Mayor To Impose A Curfew, Prohibiting The Operation Of Buainesaea And Other Activities During Curfew; Providing Penalties; 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 Haley, 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: Rogers, Smith, Weis, Bollinger, Haley, Horton, Leggett, and Matthews. 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 City Attorney. Alderman Bollinger, seconded by Alderman Horton 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 noted: Aye: Aldermen: Rogers, Smith, Weia, Bollinger, Haley, Horton, Leggett, and Matthews. 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 auapended. The ordinance was then read by Alderman Rodgers. ~o~ Aldeman Matthews, 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: Aye: Aldermen: Rodgers, Smith, Weis, Bollinger, Haley, Horton, Leggett, and Matthews. No: None. Alderman Smith, seconded by Alderman Matthews, moved that Section l1, the emergency clause be adopted, and on roll call the following voted: .o Aye: Aldermen: Rodgers, Smith, Weis, Bollinger, Haley, Horton, Leggett, and Matthews. 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. 561. The ordinance read as follows: ORDINANCE N0. 561 AN ORDINANCE AUTHORIZING IN TIME OF EMERGENCY THE MAYOR TO IMPOSE A CURFEW, PROHIBITING THE OPERATION OF BUSINESSES AND OTHER ACTIVITIES DURING CURFEW; PROPIDING PENALTIES; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I. That the Mayor any time a condition which in hie judgment a civil disturbance, riot, insurrection or time of local disaster has arisen or is imminent, said Mayor may declare a state of emergency and impose a curfew for such time and for such areas as he deems necessary to meet such emergency. Provided, however, such curfew shall not extend for over a period of forty- eight (48) hours unless extended by a majority vote of the members of the governing body. SECTION 2. That no person or persona shall congregate, operate any businesses or be up8n~ the streets or other public ways, unless on official business for the city or state, in any area or areas designated by the Mayor as curfew areas in the city during the time of any declared emergency. SECTION 3. That any person, firm or corporation violating any provision of this ordinance shall upon conviction thereof be punished by a fine not to exceed Five Hundred ($500.00) Dollars or more than one (1) year imprisonment, or by both fine and imprisonment. SECTION ly. EMERGENCY CLAUSE. Whereas, during time of emergency it is necessary that the Mayor be given an or ty o protect the general population of the city from fire and other destruction and this ordinance being necessary for the public protection of the peace, health and safety, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. City Attorney Wallin reported the last reading for an election on a Pension Fund ordinance can not be in excess of thirty days prior to the election. After Hiacuasbn, it was agreed the matter be voted on at the July 30th Primary, and the ordinance be considered at the June and July meetings. Request for details of the proposed Utility Commission Building was made by Alderman Smith, the Mayor advised Architect Pat Magruder has a sketch drawing. Report on construction of the sidewalk between 27th and 28th Streets was made by Alderman Horton. No further business being presented, the meeting was adjourned. ~~,.J~~. ATT ST : ` '%'" Y~"$ S--C -~-MAYOR APPROVED: MAY 16, 1968