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May 3, 1962is MINUTES OF A REGULAR MEETING OF THE CITY COUIJCIL OF THE CITY OF iPEST hIEA7PIIIS, ARK,4NSAS, HELD AT THE CITY BALL IN SAID CITY ON THE 3RD DAY OF MAY 1962 AT 3:00 P."M, The City Council of the City of West Memphis, Arkansas met in regular session in the City of iJest klemphis at 3:00 o'clock P, M, on the 3rd day of May, 1962. R eEfoEden~no v+ere present: Mayor }iowell B, Price; Aldermen: Paul Matthews, R. C, Bowie, Earl Felts, Y, G. Sims, and C. H, Rowton; and City Attorney W, H, Dillahunty. Absent: Aldermen: 0. I, Bellinger and I:irby Leggett. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Dleeting on April 19, 1562, were approved as read, hir. Baxter Turnage and hir, Perdue appeared before the Council, Mr, Turnage informed the Council he was the owner of a building being constructed at 420 E, Broadway to he known as the "Red Barn", that construction of the building had been halted by the Building Inspector, and application was being made to be permitted to construct the 2nd floor of the building of materials that do not meet with requirements of the restricted fire zone in order that it might conform in appearance with other buildings in the chain of restaurants under the trade name of "Red Barn". Requirements for construction in the restricted fire zone were .brought to the attention of the Council by City Attorney Dillahunty. Building Inspector Perrino stated to the Council the building permit had been issued with the understanding the building v+as to meet requirements of the city's ordinances. The City's fire rate in accordance with the Arkansas Inspection Bureau was discussed by P~iayor Price, City Clerk Charles DeGraff, and Fire Chief Elmo Anderson, Thereupon, fitr, Turnage was advised he could not be permitted to violate a City Grciinance and the 2nd floor of the building would have to be constructed of material that would have a four hour fire rating. Alderman Bollinger made a delayed appearance at the Council pieeting, Mayor Price presenter) the following Amended Report: AMENDED REPOP.T OF COMMISSIONERS GF STREET INIPROVEh1.ENT DISTRICT NO, 5 OF YlEST b1F1.1PHIS, ARf:ANSAS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF WEST h1EhiPIIIS, ARI:ANSAS: tVe, the undersigned, reported under date of April 11, 1962, that we had ascertained the cost of the proposed improvement for the District, exclusive of interest, will be e•449,100, but since that time we have ascertained that certain items which we did not have under consideration at that time will also have to be provided for, lde therefore amend the estimate of cost to X470,700, exclusive of interest, which is less than 60% of the value of the real property in the District as shown by the last County assessment. In all other respects the report of April 11, 1962, is to remain unchanged, This 3 day of May, 1962, /S/ H, L, MCGCNAGILL /S/ (PALTER B, RIh1ER /S/ ABBOPI IPIDDICOMDE Commissioners After discussion, the following resolution was introduced in writing and read in full: NO, 240 RESOLUTION APPROVING Ah'iENDED REPORT OF STREET IhiPROVE67EN1' DISTRICT' NO, 5 OF NEST h1EMPHIS, ARI'ANSAS WHEREAS, the Commissioners of Street Improvement District No, 5 of 1Vest hiemohis, Arkansas, now have filed an amended report stating that additional items not included in the first report make it necessary to amend the report of April 11, 1962, and they have estimated the cost of the improvement to be $470,700, exclusive of interest, which is within the limit of cost allowed by law; nou+, therefore, BE IT RESOLVED, that the amended report of the Commissioners be and the same is hereby approved, and that the City Council's resolution of April 19. 162, heretofore adopted, shall, except for this amendment as to the estimated cost, remain in full force and effect, Rfotion was made by Alderman Eden, sec ended by Alderman Rowton: That the Resolution as read be adopted, Unon roll call vote, the voting was as follows: Ayes• Aldermen: Matthews, Bowie, Eden, Felts. Sims, Rrnaton, and Bollinger, T'.ays; Ncne. hlr, Harry F, Dodge, Certified Public Accountant, presented the 1So1 Audit for the City of (Vest M1lemphis, After discussion of the alit and operation of the City, the Audit was accepted by the Council, hlayor Price informed the Council the Planning Commission on Riarch 12, 1962, had recommended to the Council front yard requirements be reduced from seventy-five feet to fifty feet, and an ordinance had been prepared by the City Attorney for consideration of the Council, Thereupon, an ordinance entitled "An Ordinance To Amend Ordinance No, 411. Which Is The Zoning Ordinance, For A Reduction Of Front Yard Requirements From Seventy-Five To Fifty Feet" was introduced in writing by Alderman Rowton, which was read in full by Alderman Sims, Alderman Felts then moved that the rule requiring the readin? in full of an ordinance on three different days be dispensed with, The motion was seconded by Alderman Bollinger, and on the roll being called the voting was as follows: Ayes• Aldermen• M1fatthews, Bowie, Eden, Felts, Sims, Rowton, and Bollinger, Navs: None, The Mayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried, Alderman Bowie then moved that the ordinance as read be adopted, This motion was duly seconded by Alderman Matthews, and on the roll being called the voting was as follows: Ayes; Aldermen: Datthews, Bowie, Eden, Felts Sims, Rowton, and Bollinger, Nays: None, The Nlayor declared that the ordinance had been adopted, and then called attention to the fact that Section 3, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Eden then read Section 3 again, Alderman P.owton moved that Section 3 be adopted, This motion was duly seconded by Alderman Sims, and on roll call the fcllowing voted: Ayes: Aldermen: Matthews, Bowie, Eden, Felts, Sims, Rowton, and Bollinger, Nays: None, The hlayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City, ORDINANCE 1d0, 41S AN ORDINANCE TO A1`fEND ORDINANCE NO, 411, tVfiICH IS TILE ZONING ORDINANCE, FOR A REDUCTION OF FRONT YARD REQUIREMENTS FROM SEVENTY-FIVE FEET TC FIFTY FEET, IVIfEREAS, the Planning Commission has determined and recommended that front yard requirements of Seventy-five (75) feet as set forth in Ordinance 411 be reduced to Fifty (50) feet where ever same is desigrgtd in said Ordinance 411; 1dO1V TIiEREFORE BE IT ORDAINED, By the City Council pf the City of hest Gtemphis; Section 1, Ordinance No, 411 be and the same is hereby amended insofar as same pertains and relates to minimum yard requirements so that existing requirements of Seventy-five (75) feet minimum yards be reduced to Fifty (50) feet minimum yards, Section 2, All other provisions contained in Ordinance No, 411 shall remain in full force and effect except as herein specifically amended or as amended by other ordinances, Section 3, Emergency Clause - It is hereby ascertained and declared to be a fact that properties within such areas affected by previous requirements are in the process of development; that the pa=_sage of this ordinance is in the interest of the public peace, health, safety and welfare of the citizens of VVest 6lemohis; 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, ,r*:r,r****** No further business being presented, motion was made by Alderman Bollinger, seconded by Alderman Eden to adjourn. The voting was as follows: Ayes: Aldermen: hatthews, Bowie, Eden, Felts. Sims, Rowton, and Bollinger, Nays: Prone, 1 --- ~~,.J~~,~ 4i (,. ' hIAYCR ATTES ~~ ~ CITY CL . APPROVED: MAY 17, 1962