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March 2, 1972~~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS , HELD ON THE 2ND DAY OF MARCH , 19 72 . The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Ha11 in said City at 1:30 o'clock p.m. on the 2nd day of March, 1972. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the Aldermen: C. D. Hutcherson, chair, and the R. L. Smith, M. following named P. Scott, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, W, R. Dabbs, W. L. Harris, J. E. Hightower, and Pritchard Horton; and City Attorney R. E. Wallin. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on February 17, 1972, were approved as read. The following petition was presented: PETITION We, the undersigned, do hereby petition the City Council of West Memphis to rezone the present C-6 area, currently known as the Sunset Drive In property, to RMH Mobile Home Residency, as proposed by the Planning Commission. (25b signatures) ~~ The petition was taken under consideration. Alderman Bentley, Chairman of the Fire Commission, announced the low bid of $27,700.00 from Howe Fire Apparatus Company had been accepted after review of the bids and change to ~:a~ger tires. Alderman Dickerson, Chairman of the Sanitation Committee, reported Ryan Chevrolet's bid did not meet specifications for the dump truck and the bids ~e awarded to Chalmers Buick, the next low bidder. Also, the Sanitary Land Fi11 Committee is investigating sites. Attorney Ralph Sloan presented an ordinance accepting territory annexed to the City for consideration. City Engineer Charles Hampton brought to the Council's attention approximately ~ of mile in the area would not be in the City Limits. The ordinance entitled "An Ordinance Accepting Territory Annexed To The City of West Memphis, Arkansas" was read by City Attorney Wallin. Motion was made by Alderman Scott, seconded by Alderman Hutcherson: That the ordinance be passed on the first reading. Upon roll call, the voting was as follows Aye: Aldermen Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. No : ~=None . Mr. James Snowden of Guaranty Loan & Real Estate Company presented an ordinance for rezoning a tract of land past of Mayfair Apartments, and requested the ordinance be adopted with emergency clause due to the delay in adopting the proposed zoning parepared by Gassner, Nathan & Brown as the requested zoning will be inconformity. The rezoning had been recommended by the Planning Commission. ~~l~d Alderman Smith introduced an ordinance entitled; "An Ordinance To Rezone A Tract Of Land Lying In The NEB Of Section 7, T-6-N, R-9-E, Crittenden County, Arkansas, From RS ~7, Single Family Residences, To RM-2, Multiple Family Residences" and City Attorney Wallin read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimsley 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: Aldermens Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. 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 the second time by the City Attorney. Alderman Harris, seconded by Alderman Bentley 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 adoptinn of the motion and the roll being called the following voted: Aye: Aldermen: Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. 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 the third time by the City Attorney. Alderman Dickerson, seconded by Alderman Horton, 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: Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. No : None . Alderman Scott, seconded by Alderman Hightower, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. 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. 714. The ordinance read as follows: ORDINANCE N0. 714 AN ORDINANCE TO REZONE A TRACT OF LAND LYING IN THE NEB OF SECTION 7, T-6-N, R-9-E, CR~1~NI~N COUNTY, ARKANSAS, FROM RS-7, SINGLE FAMILY RESIDENCES , TO RM-2 , MULTIPLE FAMILY RESIDENCES . WHEREAS, Guaranty Loan & Real Estate Co. has petitioned the Planning Commission of the City of West Memphis to rezone certain property, hereinafter described, from RS-7, Single Family Residence, to Rri-2, Multiple Family Residences; and ~~"~ WHEREAS, notice was duly published on February 8, 1972, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 3:30 P.M. on February 23, 1972, for the purpose of hearing any interested parties in connection with the rezoning and redesignating of said lands; and WHEREAS, at said meeting on February 23, 1972, said petition was considered by the Planning Commission and no persons appeared 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. That the following described property, to wit: A tract of land lying in the NEB of Section 7, T-6-N, R-9-E, Crittenden County, Arkansas, more particularly described as follows: Commencing at the Southwest corner of Block 8, Holiday Gardens Extension, as recorded in Plat Book 2, Page 295, Office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; thence northeasterly along the east line of McAuley Drive West a distance of 150 feet to the point of beginning; thence continue northeasterly along the east line of McAuley Drive West 405 feet more or less; thence southeasterly along a curve to the right with a radius of 1245 feet a distance of 690 feet more or less to a point on the west right of way line of Goodwin Avenue; thence southwesterly along the west line of Goodwin Avenue 405 feet more or less to a point 190 feet from the centerline of Barton tivenue; thence northwesterly on a curve to the left with a radius of 840 feet a distance of 460 feet more or less to the point of beginning. Containing 5.1 acres more or less. be and the same is hereby rezoned and redesignated as RM-2, Multiple Family Kesidences. 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. Mr. Earl Bruce requested renewal of mobile home permit due to illness of his wife. Motion was made by Alderman Scott, seconded by Alderman Hutcherson: That six month extension be grarted to Mr. Earl Bruce for mobile home at the rear of 211 W. Oliver. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. No : None . Mayor Rodgers informed the Council Mr. Leo Chitman, President of West Memphis Council Of Organizations had requested permission to address the Council. Mr. Chitman spoke on housing, mobile homes park, petition presented on Feb. 17th, and representation by Wards. Mr. Bob Cosgrove of Wm. L. Johnson Company presented information on mobile homes, and demand for mobile home lots. Alderman Smith inquired as to compliance with the ordinance as to recreation facilities in mobile park homes. City Attorney Wallin advised :he had not received response from State Officials as to obligation to provide recreation areas. Mr. S. A. Holsbrook presented objections to additional mobile homes in Ward 4. Alderman Bentley requested permission to present question on empls~ying additional fireman. Motion was made by Alderman Scott, seconded by Alderman Hutcherson: Waive rule and place matter on the agenda. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, Smith, Scott, Bentley, Dickerson, Grimsley, Dabbs, Harris, Hightower, and Horton. No: None. Alderman Bentley informed the Council an increase from 42 to 43 firemen is needed due to approximately 50% of the men will be entitled to three to four weeks vacation, and salary for an additional man is anticipated through a Grant. The matter was held in abeyance until March 9th. ~~ Alderman Smith requested City Attorney Wallin research an ordinance for noise abatement. Alderman Scott announced as an independent candidate for Alderman of Ward 3, Position I, stating there is a possability the Mayor's office may be vacated, but he will not seek the office. Mayor Rodgers brought to the Council's attention the change in the law pertaining to qualifying 45 days before a General Election. The meeting was adjourned until 5:00 p.m. March 9, 1972. .> ATTEST• CITY CIE RK APPKCAIED: MARCH 16, 1972 YOR