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December 5, 1968412 MINUTES OF THE MEETIN(} OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 5TH DAY OF DECEMBER, 1968. -- ------ - --- .._ 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 5th day~~: of December, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: R. L. Smith, F. C. Weis, H. R. Dobbs, 0. C. Haley, Pritchard Horton, and C. T. Rodgers; and City Attorney R. E. Wallin.. Absent: Aldermen: Kirby Leggett and Paul Matthews. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on November 21, 1968, were read. Alderman Smith requested a clarification of the motion pertaining~to approving the Mayor Medical Special as of January lat. A resume of the City's action in making hospitalization insurance available for employees, the employee and the City's participation, anniversary date of policy, renewal or cancellation, adequate coverage, presentations of policies: by various insurance representatives, and the City's insurance were discussed, thereupon, motion was made by Alderman Smith, seconded by Alderman Haley: That Minutes of Meeting on November 21, 1968, be approved as read. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Dobbs, Haley, Horton, and Rodgers. No: None. Mayor Eden brought to the Council's attention the City Attorney's opinion sent to them pertaining to the construction of a street to East Junior High School, also reviewed matters when he was a member of the Board of Aldermen and the litigation ensued. The Mayor advised he was of the opinion he could work-out a solution to the construction of the street provided no Council action is taken at this time and weather permits. After discussion, it was the consensus of opinion tb^leave the matter to the Mayor. Mra. Alma Ross of 701 S. 8th Street appeared to request extension of permit for a trailer at her store stating her husand had been in the hospital five times and circumstances necessitate his being close to their store. The Council was informed there have been no complaints as to the trailer. After discussion, motion was made by Alderman Weis, seconded by Alderman Horton: That trailer permit for Mra. Alma Ross at 701 S. 8th Street be extended six months. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Dobbs, Haley, Horton, and Rodgers. No: None. Attorney Steve Crain appeared on behalf of Dacus Lumber Company requesting rezoning of a tract of land in Sections Nine, Ten, Fifteen, and Sixteen, Township Six North, Range Nine (9) East. Architect's plans for proposed trailer park was presented. The Council was informed Mr. Dacus has not decided whether to sell individual lots or to operate the trailer park himself, however, will provide streets and utilities as provided by ordinances. Recommendation of the Planning Commission to rezone the area was presented. After discussion, an ordinance entitled "An Ordinance To Rezone Certain Property In The City Of West Memphis, Arkansas" was read the first time by City Attorney Wallin. Motion was made by Alderman Haley, seconded by Alderman Dabba: First reading of the ordinance be approved. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Dobbs, Haley, Horton, and Rodgers. No: None. The ordinance was read the second time. Motion was made by Alderman Weis, seconded by Alderman Smith: That the second reading of the ordinance be approved. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Dobbs, Haley, Horton, and Rodgers. No: None. The ordinance was read the third time. Motion was made by Alderman Smith, seconded by Alderman Dobbs: That the third reading of the ordinance be approved. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Dobbs, Haley, Horton, and Rodgers. 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. 581. The ordinance read as follows: OIi.DINANCF; NO. AN ORDINANCIs TO RIB:LC)NL, CI?R.TAIN 1'hOYl:R.'I'Y' IN ~1~fI1~: CITY Ol' \4'I~:S'1' I\11;1\11'111`+, AIi.I~ANSAS WHEREAS, an applic•;iti.on w;« made I~, the I'Innning Cc,nnnission of 1.hc City of West l\~Trmphis as provided b} t)rdin~nu~c No. 411 of the City cal' Wesi. Memphis for rezoning c~~rlain propert~~ wifhiu 1h~~ City; and WHER.El~S, notice was dull- I~~uhlishecl on Zhu 181h clac ~~I' C)ctohur, 15168, that a hearing would be held b,y~ Lhe I'I:cnuing Commission al 5:1)(1 I', I\I, rm ihc~ 27th day of \Tovetnber, 15)68, and al swirl nu•eting and by Lhc~ applicai.i.on previously submitted it was requested that the following properly be rezoned Crom Class C-5, General Gommereial, M-2, General Inclnsl vial, ;aid >\~l-3,, lntensivr lnciustc-ial, to Class R.-T, 1VTobile Homes: A i.raci of land i.n S~~clions Nine ~`~), 'I~~~n (Ill), I~'ifleen (151) wail Sixlecn (16), Township Six (6) Nurfh, linage Ninc• (•~) I?nsl, cleser•ihed a~ follows: Beginning at the point of intersection of the section ling-, between Sections 9 and l0, Township 6 i~Iorth, Range 0 East, weld the south right-of-way ling o` U. S. }iighway No. 70, run theme east. al.o~ig said right-of-way line a distance of 150 feet to a point; thence south parallel to the section line between Sections 5) and 10 and Sections 15 and 16 a distance of 1128 feel, morn or Icss, 1o a Iu~int on t:hc~ nort.llerly Line of th~• ri_g]ct-of-w;cy of the Ieveo of the Sf:. l~rancis Levee ])ist.rici, Lh~•ncc i.n n s~n~lhtveslerly rlircclion alont; s,cicl righl.- of-way line a distance of 760 feel, more or Icss, to the west Linn of Section 15, thence north along the west. line of Section 15 a distance of 643 feet to a point., thence west. at right. angles to said section line a distance of 328 feel to a point., thence north parallel. t.o the section line between Sections 15 and 16 and between Sections 9 and 10 a distance of 650 feet, more or less, t:o a point on ihc~ south right-of-way line of U. S, Highway 70, thence east along the said right-oC-way ]i.ne a. distance of 328 feet, more or Icss, Lo the point. of beg~inuing. WIIIsRI?AS, no pe.rscros appcnrc~cl iu pi•~~iesi agttinsl said zoning ns requested; wart WHEREAS, the P1aculing Commission of the City of West Nlemphi.s recommended that said rezoning petit ion be grant cd. NOW, TH.ER.ET~nRE, BE ['t ORllAINI~:D l3Y 'I'[1P: CITY COiTNCi1_, OP' 414 _ > ._ THE CITY Oh' WT'ST R21~;~LPI-IIS: Section 1, That i:he following prope.rl~ now zoned ns C-5, Gc~nc~r;il. Commercial, N[-2, Generell Industrial, nnti nT-3, [ntensi.ve~ Industrial, bc, and the same is hereby, rezoned as I;-'1~, ~lubile Ilonu~s: A tract of land in Sections Nine l!~), 'f~~n (10), I~ilt,~en (Lfi) ;iud Sistecn (1G), 'Cownship fii~ (fi) Nnrlh, Rnn!<<~ Nine (!1) I~.asl, describc,,I as .follows: Beginning at. the point o£ interseeJicni ~,(' the secl.ion fine between Sections 9 and 10, Township G N~~ri.h, Rantn~ ~ li,~st, ^nd thc~ snuih right-of-way line o£ U. S, lligliwa,~° No, i0, rwi thence east along said right-of-way ling a distancr~ of 750 feel to a pc~inl-; thence south parallel. to the scctinn line h~~lween Sections 0 and 10 <uui Sections 15 and 16 a distance ~~£ 1I38 feel, nu,re or less, to a point on the northeriv Zinc of Ibe right-c,f-wuti~ of Lhe Levee of Lhe St. Francis Levec~~ ll~istricl, thenci~ in n souihwcsterly direction along said right-o£~way line a distance of i60 £cci, more or Less, to the west line of Section 15, I hence uorth along the west. line of Section 15 a distance of 643 feet to a paint, Ihciicc~ west at right angles to said section line a distance of 323 feel to a point, i.hrnce north parallel to the section line between Sec(.i,nis 15 rout IG uul between Sections 9 and 10 a dislnnce ~,I' G~iO feel, nu,re or less, io a point. on the south right-„£-wn~ line „I' li, S. Ilighw;i~~ r0, Lhener cast along (he said right.-~,£-ti~n,~~ lice :, disl:uice of 32;: feel, m,v~,. or less, to the ~~oini ~~f beginnin~~. - Section 3. All ordinances or pants i,f ordinances in conflict herewitai are hereb y repealed, Section 3, A copy of the ordinance, wlu~ti dnl,v ocrl ified b,y~ the City Clerk, shall. be subject to hc~ing fi I,,xl and rv,~enrded i_n the „fl'iee ,~f the ('ircnil C,nn°(. Clerk and li,x-officio Recorder williin rind foi• ('i•ilLcnden (_'~nniil', l~i•I:ansas, Section 4, It i.s Found and dec]ared b~~ tt~c ('ity Council of the City o£ West Memphis that this ordinance is nccessa.r}~ for thc~ grrnvi.h and cspansion of the City of West nlemphis; thcrcforc~, this ordinance shall be in full force and effect front and after its approval and passngc~. ADOPTI~a this - dad .,I' ,,,, , ]!)hk~. - f' Ri;~v~,r Attest:. .:'' L .~ r' - ~. C~iiy- Cl,~rk ~~ Mr. Robert Fallis and Mr. Ralph Sloan appeared to request rezoning of Lot 6, Block 12, Wheeler Subdivision for a motel type commercial operation. Drawings of the proposed construction ware presented, and the Planning Commissions recommendation for rezoning. After discussion, an ordinance entitled "An Ordinance To Re-Zone a Tract Of Land Described Aa Lot 6 In Block 12 Of The Wheeler Subdivision In The City Of West Memphis, Arkansas" was introduced by Alderman Smith, and read in full by the City Attorney. Alderman Dabbs, 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: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. No: None. Thereupon the Mayon 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 the second time by the City Clerk. Alderman Horton, seconded by Alderman Rodgers then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the o~dirxance be placed on its third reading. The Mayor put the question on the adoption of the motion and on the roll being called the following voted: Aye: Aldermen: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. No: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted. in favor of the motion t•o suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Clerk. AldermanWeis, seconded by Alderman Smith, 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: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. No: None. Alderman Dabbs, seconded by Alderman Haley, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Smith, 4deis, Dabbs, Haley, Horton, and Rodgers. 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. 582. The ordinance read as follows: ORDINANCE N0. 582 AN ORDINANCE TO RE-ZONE A TRACT CF LAND DESCRIBED AS L,OT 6 ZN BLOCK 12 OF THE WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Robert R. Fa7.lia has petitioned the Planning Commission of the City of West Memphis to re-zone certain property hereinafter described; and WHEREAS, notice was duly published on November 8, 1968, as provided by law of a hearing to be held before the West Memphis City Planning Commission at 3:30 o'clock p.m. on November 27, 1968, for the purpose of hearing any interested parties in connection with the re-zoning of said lands; and WHEREAS, at said meeting on November 27, 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: Lot 6 in Plock 12 of the Wheeler Subdivision ~n the City of Weat Memphis, Arkansas, be and the same is hereby re-zoned C-5, General Commercial District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLAUSE: It is found and declared by the City Council of the City of West emp is that this ordinance is necessary for the growth and expansion of the City 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. ~~s-s;-tFtt~ 41 t~ Attorney Ralph Sloan appeared on behalf of Mattie Houston requesting rezoning of Lots 1 and 2, Block 85, Kendal Subdivision. Mr. Sloan stated his client was aware the location is in the Urban Renewal Area, however, due to a misunderstanding construction construction had been started without proper permit, the building is to be constructed of concrete blocks and used as a cream castle. The Council was informed the Planning Commission had recommended the rezoning. After discussion an ordinance entitled "An Ordinance To Rezone A Tract Of Land Described As Lota 1 And 2 In Block 85 Of The Oeorge T. Kendal Subdivision In The City Of West Memphis, Arkansas" was introduced by Alderman Weis, and the City Clerk read the ordinance in full. Alderman Rodgers, 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 Mayor .,put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Smith, Wets, Dabbs, Haley, Horton, and Rodgers. 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 the second time by the City Clerk. Alderman Haley, seconded by Alderman by Alderman Dabbs 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: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. 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 the third time by the City Clerk. Alderman Smith, 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: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. Nay: None. Alderman Rodgers, seconded by Alderman Horton moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Smith, Weis, Dabbs, Haley, Horton, and Rodgers. 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. 583. The ordinance read as follows: ORDINANCE N0. 583 AN ORDINANCE TO RE-ZONE A TRACT OF LAND DESCRIBED AS LOTS 1 AND 2 IN BLOCK 85 OF THE GEORGE T. KENDAL SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Mattie Houston has petitioned the Planning Commission of the City of Weat Memphis to re-zone certain property hereinafter described; and WHEREAS,' notice xas duly published on November 8, 1968, as provided by law of a hearing to be held before the West Memphis City Planning Commission at 3:30 o'clock p.m. on November 27, 1968, for the purpose of hearing any interested parties in connection with the re-zoning of said lands; and WHEREAS, at said meeting on November 27, 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: Lots 1 and 2 in Block 85 of the George T. Kendal Subdivision in the City of West Memphis, Arkansas, be and the same is hereby re-zoned C-5, General Commercial District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 41'~ SECTION III. EMERGF~NCY CLAUSE: It is found and declared by the City Council of the y~of r~e-s~ Memphis that this ordinance is necessary for the growth and expansion of the City 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 Eden announced there will be a public hearing at 7:00 P.M. Tuesday, December 10th in connection with the Neighborhood Development Plan Urban Renewal Area by the Urban Renewal Agency of the City. Alderman Smith requested information on preparation of the Budget for 1969. Mayor Eden advised that comparison figures for 1967 and eleven months of 1968 will be available shortly and will be sent to the Aldermen. Capital expenses, Park Commission budget, and insurance increases were discussed. Alderman Horton requested information on specifications for construction of gas lines. No further business being presented, the meeting was adjourned. --- ~M -YOR ATTEST: APPROVED: DECEMBER 19, 1968