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November 2, 197263 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST NfEMPHIS, ARKANSAS, HELD ON THE 2ND DAY OF NOVEMBER, 1972. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 ofclock p.m. on the 2nd day of No~ber, 19?2. The meeting was called to order by the Mayor, and the roll being called th®re were: Present : Tilden Rodgers, Mayor in the- chair, and the following named Aldermen : Pritchard Horton, C. D. Hutcherson, M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, and W. L. Harris. Absent: Aldermen: W. R. Dabbs and J. E. Hightower. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on October 19, 1972, were approved as read. Alderman Bentley, Chairman of the Insurance Committee, informed the Council various pension plans for non uniform employees had been considered, and the Committee had requested Mr. Bob McGowen, Actuary for .New York Life Insurance, to present information. Mr. McGowan and Mr. Fred Owen explained retirement plan that the employee would receive 50~ of pay at time of retirement through Social Security Payments and the proposed plan, the City paying cost of retirement plan. After discussion of basis for bids, minimum benefits, employee participating, renewal of contract every five years, disability, employees eligible, waiting period s employees who continue working after b5, motion was made by Alderman Scott, seconded by Alderman Grimsley: City desires a retirement plan for non uniform employees. Upon vote, the voting was as follows Aye : Aldermen : Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Alderman Bentley requested the Alderm®n give him recommendations in writing pertaining. to retirement plan within the next two weeks. Mayor Rodgers introduced Mr. T©mn~y Franks of Union Life - Municipal League Insurance, and stated information on the City~s hospital insurance plan had b®en mailed with the Agenda. Mr. Franks advised the reasons for rate increase, and c©mpared the present plan with a proposed plan. After discussion, motion was made by Alderman Bentley, seconded by Alderman Smith: That adopt new hospital insurance plan to be effective January 1, 1973. Upon vote, the voting was as follows : Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Mr. Franks requested a meeting with employees to explain new plan. s~ A resolution establishing Personnel Rules and Regulations was read. Af ter discussion, motion was made by Alderman Grimsley, secnn.ded by Alderman Harris: That the resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No: None. The resolution read as follows: RESOLUTION N0 WHEREAS, the City of West Memphis has found it desirable to establish a new set of Personnel Rules and Regulations for Uniform and non-Uniform employees, and WHEREAS, all Supervisors, Department Heads, and members of the City Council have previously received copies of the new set of Personnel Rules and Regulations of the City of West Memphis, and WHEREAS, Resolutions x.10, Sick Leave, ~.Ol, Holidays, and x.02, Vacations, are now out of date and should be repeal®d, and WHEREAS, the City Council of West Memphis, Arkansas, believes the aforesaid personnel rules and regulations are in the Est interest of the Gity of West Memphis, NOW THEREFORE, BE IT FURTHER RESOLVED: 1. That the new set of personnel rules and regulations drafted for all Uniform and Non-Uniform employees be adopted. 2. That Resolutions 110, Sick Leave, x.01, Holidays, and l~02, Vacations be repealed. 3. That the new set of Personnel Rules and Regulations be brought to the attention of all Uniform and non-Uniform employees of the City of West Memphis, Arkansas. City Attorney Sm~.th presented an ordinance regulating operation of motorcyles anal motor-driven cyles for consideration. Alderman Grimsley introduced an ordinance entitled "An Ordinance Regulating Operation Of Motorcgles And Motor-Driven Cycles On The Streets And Alleys Of The City Of West Memphis, Arkansas; Providing A Penalty For The Violation Thereof; Declaring An Emergency; And For Other Purposes" and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Harris,. 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: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. 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. &5 Alderman Bentley, seconded by Alderman Scott then moved that the rule requiring the reading of an ordinance in full on thre® 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 : Horton, Hutcherson, Scott, SYnith, Bentley, Dickerson, ~Grimsley, and Harris. 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 rul®, the motion was carried and the rule suspended. The ordinance eras then read the third time by the City Attorney. Alderman Smith, seconded by Alderman Hutcherson, 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: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None , Alderman Dickerson, seconded by Alderman Grimsley, moved that Section 5, the emergency clause, be adopted and on roll call the following voted : Aye : Aldermen : Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. 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. 7~.0. The ordinance read as follows: _. oRnzxsxas xo. ~ ~ 4 ~~ ~ ~. ~~~ AN ORDINANCE RR!d~JLJITIKa OPERATION OF MOAORCA~ ~YS AND MOTOR-DRIVRN C3~CLS3 QN T~ STR8ET8 1~D OF T$E CITY OF W'B3T MBMP~iI3, ARICAXgA3; PROYID~~1~ A PEltALTY FOR TH$ VIOLAT'TOI~ TMSREO~`; ~ DECLARII~t~ AN EMERGENCY; AND FOR OTHER PZTRP03E8 • BE IT ORDAINED SY T8B CITY COUNC ZL OF TAE CITY OP' WEST 1~MPH~S, ARRANSA3: ' ~ECT~EGE 1. DEFhTITIONS. For the purposes of. this ordinance .•.._._ the f411owing words and phrases shall have the following meaning: (1) "Motor Vehicle or Vehicle" is a stotoreyele or motor- driven cycle. (2) "Mot~orcyale" is every :rotor vehicle having a seat or saddle for the use of the rider and designed to travel o~ not more than three (3) wheels in contact with the ground, but excluding a tractor. (3) "Motor-driven cyo le" is every iaotorcyale including every motor scooter °propelled by a motor which produosa x~ot to exceed 5~ horsepower, (I~.) "Operator" physical control of a exercising control of motor v®hicle. and every bicycle with motor. attac~,ed. •, is every person who drives or is in,satual motor vehicle upon a street or who i9 or steering a vehicle being towed ~y a ' ~5) "Rasing of Motor" is sudden sooelsration or de4eler- ' ation of the motor or a' motor Qyale or ~atotor-driven ayele . (6) "Stunting" is operating a vehicle in a manner causing it to -weave or suddenly change course, or the loss of body contact with the neat by a drawer or passenger, and not for the pur~oae of • safe operation of such 'vehicle . E7) "Touring" is any rep4titious driving in the aa~e area which ~ causes a disturbance or ~s dons with the intent of calling attention to an operator of a ~motoroyale or motor-driven c,yale. .... 3 ~_.~. ----~ _f -- -- _-- -- - _i _._~_ ..,,,_.T (2~ SECT~OI~ 2. 0 ration of Motors lei or Motor-give C ales Upon a Public Street or Alley.. It shall bs unlawful for any parson, corporation, partnership or other legal entity to operate or cause to be operated amotor-driven cycle upon any sheet or alley of the corporate li~aaits of the City of west Memphis, Arkanaaa, except in compliance with the folloxing: (l) The operator of auah vehiale shall have in hie or her possession a valid drivsr'• license issued by the state of. Arkanaaa (or if such operator is anon-resident, such operator shall have in hie or her possession a vidsnae of a non-resident's operating licence) and which has not been suspended, liiaited or cancelled. (2} Such vehiale and operator shall at such dine of operation be in compliance and in sacordenae with the standards and rules fixed by the, Motor vehiale LaWS ofthe3tate of Arkansas and by ordinances of the City of West Memphis, Arkansas. (3) Such vehiale shall be equipped with an eahauat system in good Working order, sufficient to prevent excessive ox~ unusual . . noises;, and no such vehicle aha11 be equipped with any muffler cut-out, removable e~chaust pips cover, or any by-pama in,a muffler, o'r any muffler from which the baffle pl~t,~es, sareena, or other original internal parts-have been removed, or altered, nor shall any such vehicle be equipped Kith an e~chautat syate~t which has been modified iri a manner whim. will ~plity or increase .the noise emitted by the motor of euah vehiale above that. emitted by the exhaust system originally ins tallsd on the .vehicle, nor shall ~suah vehicle be equipped Kith an exhaust. system wh~.ch has been modified or altered in any way from that furnished by the ,.: ~~ ~~ _, =ti _ - ~ ~ ~~ d-~i..ded, however, __~hat squipscent squivalen~ _- _ _- _ ,~-R ~ , r 'to that originally installed may be substituted when parts are replaced. (~.) No motorayale or motor-driven ayale shall be o~eratsd in such manner that it aarriea more than one (1) passenger in ,addition to the operator; nor shall it be operated in any manner ghat place s ~'~ a passenger in front of the operator. r ~; t5) No more than two motorayalsa or motor-driven ayalea shall be operated side by side in any one lane of trattio upon any street or alley. (6) No motor cycle or motor-driven ayale shall be operated in any manner eo as to cause a disturbance in any area•of the. city. Touring, stunting, or~ rasing of~ motors are prohibited in any hospital or nursing home area, and in residential areas. (7) No operator of a motorcycle or,uotor-driven cycle shall engage in m$neuvera, stunting or other operations dangers to himself or his passenger or to the persons or property off' others; and except when done for the better control of a vehicle, in emergenaiee or to maneuver rough passages of a attest, an operator must at all times keep body contact with the saddle or seat of a such vehicle . (8) No person shall operate a motorayole or motor-given ,.~ cycle having handle -gripe more than fifteen (15) inahea k~3gher ~, than the saddle. ~ v I ECTION 3: No.peraon shall operate a uotorcyals or motor- driven ayale upon the streets or alleys of the City of West Memphis, ~~ Arkansan, at a speed in e~ceaa of the peretiasible speed ~.imita as ar® ©ated b si a located in and thro out the Cit .. __ ------ ~~~ - SECTION Any person, corporation, partnership or other ~~- ~ legal entity violating any of the terms or proviaion~r of this ordinance shall, upon conviction there ot, be punished by a tine. of not e~oseding $100.00. ~•~ ~ECTI4N whereas, the sxaessive noise emitted Pram motor w -= cyolaa and motor-driven cycles, and the reckless driving of motor- cyclea and -motor-dri~-en ayales an the attests of the City oP waet • Memphis has become a hasard to the public peace, health and safety, this ordinance is declared necessary for the preservation ., of the public peace, health, safety and welfare oP the people of west l~emphie, Arkansas, an emergency is hereby deala•red to exist and this ordinance .shall be in tuzl ford and of teat frost and at'ter its pa'aage and publication. ~i~ Mayor R©dgers informed the Cotancil an outline of agreement concerning the annual arrangment between the City and the Department of Housing and Urban Development had been received. The Mayor elaborated on Eity~s action as to Provision of Low- Nloderate Income Housing, Equal Availabslity of Housing, Equal F~nployment Opportunity, Environmental Preservation and Improvement, and Citizen Participation. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Mayor be authorized to accept agreement as outlined. Upon vote, the voting was as follows: Aye : Aldermen : Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No: None. The Mayor requested questions on the quarterly report distributed at last Council meeting; no questions were presented. Advertising for bids for Butane Gas for 19?3 was brought to the Counci lts attention. Motion was made by Alderman Grimsley, seconded by Alderman Harris. That the Mayor be authorized to advertise for Butane Gas bids . Upon vote, the voting was as follows : Aye; Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grirns ley, and Harris . No : None . Recommendation of the Planning Commission that application of Guaranty Loan and Real Estate for rezoning of Part of SEA of Section 11, Township 6 North, Range 8 East was considered. Attorney R. Sloan appeared on behalf of the applicant. An ordinance entitled "An Ordinance To Rezone Part Of The SEA Of Section ll, Township 6 North, Range 8 Eas t In The . City Of West Memphis , Arkansas " was introduced by Alderman Dickerson and read by City Attorney. Alderman Bentley, seconded by Aldermen Grimsley moved that the first reading of the ordinance be approved. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . An ordinance to rezone All That Part Of Lots 6, 7, 8 And 9 Of The J. H. Stuart Estate was presented by Attorney Ralph Sloan on behalf of the applicant DACBRA. The Planning Commission had recom- mended the rezoning. The Attorney for applicant did not have the information as to businesses to be operated in the area, thereupon, motion was made by Alderman Grims ley, seconded by Alderman Dickerson That the matter be postponed for two weeks. Upon vote, the voting was as follows : Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . City Attorney Smith stated an ordinance had been prepared for repeal of ordinances suggested by Book Publishing Company. Inasmuch as the matter had not been on the Agenda, motion was made by Alderman Bentley, seconded by .Alderman Grimsley: That the rule be waived and the ordinance be considered. An ordinance entitled "An Ordinance Repealing Ordinances 36, 99, 139, 2~7, and 299" was introduced by Alderman Grimsley, and City Attorney Smith read the ordinance in full. Alderman Horton, seconded by Aldex~nan Harris, 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: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . ~~ Thereupon the Mayor declared that at least two-thirds o~ all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule`suspend~d. The ordinance was then read the second time by the City Attort'iey. Alderman Bentley, seconded by Alderman Scott 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: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. 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 rul®, the motion was carried and the rule suspended. The ordi- nance was then read the third time by the City Attorney. Alderman Smith, seconded by Alderman Hutcherson, 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: Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. No : None . Alderman Dickerson, seconded by Alderman Hutcherson, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye : Aldermen : Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, Grimsley, and Harris. 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. 741. The ordinance read as follows: ORDINANCE N0. ~l AN ORDINANCE REPEALING ORDINANCES 36, 99, 139: 247, and 299. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The following ordinance was repealed. Ordinance N0. Title 36 Gaining - The present gaming laws are covered by state statutes. 99 Plumbing - This ordinance has been superseded by Ordinance No. 223 l39 Suspicious Person - This ordinance is believed to be unconstitutional under the present law. 247 $50.00 monthly salary of Aldermen. This ordinance was repealed by Ordinance No. 533. 2g9 Occupation Tax - This ordinance is superseded by Ordinance No. 580. ?1 Section 2. Emergency Clause. It being found and determined by the City Council of West Memphis, Arkansas that updating of the city ordinances for codification purposes is immediately needed and there are some ordinances out-of-dale which should be repealed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval . Opinion of the City Attorney that the City does not have the authority to limit the quality and kind of fence other than comply with height regulation of 8' and set-back was discussed. Mayor Rodgers related assurance from Urban Renewal Agency will try to prevent a fence that detracts from being constructed. Mr. Bill Cooper of the Building Department was instructed to notify residents at 241 S. 21st Street to comply with set-back requirements. Mr. Eddie Brawley of the Engineering Department presented preliminary cost breakdown for S. Avalon - Hulbert to Broadway. After discussion, consensus was to delay construction until after July, 1973, however, repair the corner at Tyler and Avalon. Mrs. Rose McFerrin appeared in ~ponse to complaint pertaining to selling clothes from her church. The Council was informed the clothes are donated to needy persons. Mayor Rodgers brought to the Council's attention inquiries as to Garage Sales, and requested consideration of an ordinance to permit Garage Sales; also regulations of the Chamber of Commerce for rummage sales was discussed. No further business being presented, the meeting was adjourned. _, ATTE : - ~' C T C ~~ __2M o APPROVED: NOVEMBER 16, 1972