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April 5, 1972-~, d~e, NiINt7TES OF A REGUL.A.R MEETING OF' THE CITY COUNCIL OF THE CITY OF UTEST MEMPHIS , ARKANSAS , HELD ON THE ~ TH DAY OF APRIL, 1973 • The Counc i 1 of the City of UJ e s t Memphis , Arkansas , in the County of Crittenden, State of Arkansas met in a regular session in the City Hall in said City at 1:30 o'clock p.m. on the 5th day of April, 1973• The Counc i 1 of the City of UTe s t Memphis , Arkansas , i n the County of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 o'clock p.m. on the 5th day of April, 1973. The meeting was called to order by the Mayor, and the roll being called there were: Present : Tilden Rodgers, Mayor in the chair, and the following named Aldermen : Ann Payton, M. P . Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Crrimsley, stir. L. Harris, J. E. Hightower, Pritchard Horton; and Clty attorney R. L. ,Smith. Absent: Alderman C. D. Hutcherson. It being determined a quorum was present, the following proceedings were had to-wit : Nii.nutes of meeting on March 15, 1973, were approved as read. Alderman Bentley informed the Council report on the Retirement bids had not been completed by the Actuary Firm. Alderman Dickerson reported the Auxiliary Police Unit consisting of 8 or 9 men is receiving training from Assistant Chief Keen and Capt , Ralph. An ordinance entitled "An Ordinance To Rezone From RA to RS-10 Part Of The N~1~ Of Section 1~., Township 6 North, Range 8 East in The City Of ~~Te s t Memphis , Arkansas " read the first time on March is t the second time on March 15th was read the third time by the City Attorney. Alderman Bentley, seconded by Alderman Horton moved 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: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None . -- The Mayor thereupon declared the ordinance adopted. and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ord¢zance was given No . 770, and read as follows: ORDINANCE N0. 770 AN ORDINANCE TO REL~ONE FROM RA TO RS-10 PART OF THE NW4 OF SECTION l4, TO~n~TSHIP 6 NORTH, RANGE 8 EAST IN THE CITY OF ti1jEST MEMPHIS, ARKANSAS 1rIHEREA.S, Guaranty Loan & Real Estate Co. has petitioned the Planning Commission of the City of T~'est Memphis to rezone certain property hereinafter described; and i;~:'HEREAS, notice was duly published on February 6, 1973, as provided by law of a hearing to be held before the Tn~est Memphis City Planning Commission at 3:30 p.m. on February 28, 1973, for the purpose of hearing any interested parties in connection with the rezoning of said lands; and Zti'HEREAS, at said meeting on February 28, 1973, 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: NOUN, THEREFORE, `~~~~.~ BE I T ORDAINED BY THE CITY COUNCI L OF~' THE CITY OP ~r'EST MEMPHIS SECTION I ta) That the following described property, to wit That part of the Nei of Section 1~., Township 6 North, Range 8 East, described as follows: Beginning at the northwest corner of Section 1~., Township 6 North, Range 8 East, thence east 1812.7 feet along the north line of Section 11~, thence south along the west line of the Country Club property 1320 feet; thence west 1836.3 feet to a point on the west line of Section 1~.; thence north 132Q feet along said west line of Section l4 to the point of beginning; containing 55.7 acres, more or less, be and the same is hereby rezoned RS-10, Single gamily Residence District. SECTION II: That all ordinances or parts of ordinances in conf lict herewith are hereby repealed.. Attorney Ralph Sloan appeared on behalf of Cxuaranty Loan & Real Estate Company to request rezoning of a tract of land designated as 1625 North Missouri to B-2, General Business, the Planning Commission and Manes 8c Associated had recommended the rezoning. Enactment of the Emergency Cl.au.se was requested due to delay in construction for rezoning. After discussion, an ordinance entitled "An Ordinance To Rezone A Tract Of Hand In The N~j12 S~J Of section 6, Township 6 North, Range 9 East, Lying I~rest Of The Frisco Railroad And East Of Highway No . 61, Crittenden County, Arkansas, And Declaring An Emergency" was introduced by Alderman Grimsley, and the City Attorney read the ordinance in full, Alderman Horton, seconded by Alderman Hightower, 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: Payton, Scott, Smith, Bentley, Dickerson, Grimsley; 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 care"ed and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Harris, seconded rule requiring the readin days be further suspended third reading. The Niayor motion and the roll being by Alderman Bentley then moved that the of an ordinance in full on three different and that the ordinance be placed on its put the question on the adoption of the called, the following voted: Aye : Aldermen : Fayton, Scott, Smith, Bentley, Dickerson, Grimsley, 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 Scott, seconded by alderman Payton, moved that the ordinance be adopted. The question wa.s put by the Mayor on the adoption of the motion and the roll being called, the following voted:. Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hi ghtower, and Horton. No : None . `~ ~~~~ Alderman Smith, seconded by Alderman Dickerson, moved that Section 3,, the emergency cluase be adopted, and on roll call the following voted ; Aye: Aldermen: Payton, Scott,.Smith, Bentley, Dickerson, Grimsley, Harris, Hi ghtower, and Horton . No : None . The Mayor thereupon declared the ordinance and the emergency cxia~.se 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 . 771, and read as follows : ORDINANCE N0. 7?l AN ORDINANCE TO REZONE A TRACT OF LAND IN THE NW 4 SUS 4 0~' SECTION 6, TOj,~ri\TSHIP 6 NORTH, RANGE 9 EAST, LYING WEST OF THE FRISCO RAILROAD AND r.~A c T OF HI GHWAY N0. 61, C RI TTENDEN COUNTY, ARKANSAS , AND DECLAR- ING AN EMERGENCY. j,~THEREAS, application was made to the City Planning Commission to rezone the ~.~:~ hereinafter described property and after notice was published for the time and in the manner as provided by Ordinance No. 7l5 the matter was heard by the City Planning Commission and no persons appearing to protest the same the Planning Commission recommended that said application be granted: NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~~~EST M~NIPHI S , ARKANSAS: SECTION I: (a} That the following described property, to wit: That part of the Nj~f 4 SW% of Sect3.on 6, Township 6 North, Range 9 East, ,lying west of the Frisco Railroad and east of Hi ghway No . 61 cdescribed as follows: Beginning at the intersection of the east line of Highway No . 61 and the south line of N~n~ ~ SW 4 of Section 6, run thence northwardly, measured along the east line of said Highway ATo. 61, a distance of 250 feet; thence eastwardly at nigh angles to the east line of Hi~.way No. 61 1~.2 feet; thence south- easterly along the line parallel to the Frisco Railroad 255 feet, or less, to the south line of the NW4 STr'4 of Section 6; thence westwardly measured along said south line 190 feet, more or less, the point of beginning, being the same property as 1625 North T~iissouri street, be and the same is hereby rezoned B-2, General Business, Trade ar_c~. Services District. t more to SECTION II ; That all ordinances or parts of ord~.nances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLATJSE: It is found and declared by the City Council of the City of ~,~Te s t Memphis that this ordinance i s necessary for the growth and expansion of the City of ~~Test 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. „ ., ,~,: iC ~C i. ?e Final Plat of Country Club Gardens and recommendation of the Planning Commission were presented. After discussion, motion by Alderman Bentley, seconded by Alderman Smith: Country Club Gardens Plat be approved subject to approval of improvements plans by the Gity Engineer's Office and completion of a contract as per the Subdivision Ordinance, plat shall not be recorded until completion of contract. Upon vote, the voting was as follows : .dye : aldermen : Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hi,~~.tower, and Horton. No : None . 1~~ Final Plat of Sunset Mobile Homes and recommendation of the Planning Commission were presented. Eddie Brawley of the Engineer s Office informed the Council the plat was submitted as a prdiscussoionl motmon park and the streets will not becdn~edabedAlderman Dickerson: Approval was made by Alderman Bentley, se o y of acceptance of additional right of way on 25th Street only along with necessary improvements or a contract as,per the Subdiletedl. OU~onavote, and the Plat shall not be recorded untli this is comp p the voting was as follows .Aye : Aldermen : Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hi~.tower, and Horton. No : None . Nir. Glenton Bradberry of Timberlow Corp. requti~ldsp~e t~sion.xcerpts operate ice cream vending machines on residen from Niinutes of Council meeting in .June 1963 were read. After discussion, motion was made by Alderman Scott,csecC~deamd bendinerman Horton: That request for licensefu~edperU~aonlvote, the votinggwas as machine in residential area be r 1 follows : Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hi~~ tower, and Horton. No : None . Mayor Rodgers brought to the Council's attention the By-laws for the Mississippi-Arkansas-Tennessee Council of Governments are to be amended to increase members but there will be no increase in dues. City Attorney Smith read the following Resolution: RESOLUTION N0. ~.6~. ____..__ Be it hereby resolved that the City of U,rest Memphis concurs in the amendment to the By-laws of the NLZSSissippi-Arkansas-Tennessee Council of Governments as app roved by its members on February l5, 1973• ,:,..: ,. „-,. Motion was made by Alderman Grimsley, seconded by Alderman Dickerson: That the Resolution as presented be app roved. Upon vote, the voting was as follows : Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None . City Attorney Smith read an ordinance entitled "An Ordinance To Prohibit The Discharge Of Firearms And Other Guns tiithin The Limits Of The City Of 1r~~est ~!Iemphis, Arkansas, To Fix The Punishment Therefor, Declaring An Frra.ergency, ~'~.d For Other Purposes" for consideration of the Council, and stated had discussed the ordinance with the Chief of Police. Alderman Dickerson, seconded by Alderman ~nith, 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 aluestion on the adoption of the motion and the roll being called, the following voted: A.ye : Aldermen: Payton, Scott, Smith, Dickerson, Grimsley, Hi~h.tower, and Horton. No : None . Abstained : Aldermen : Bent ley and Harris . Thereupon the Mayor dec fared 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. `. ~_r Alderman Payton, 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 followin voted : g A.ye : Aldermen; Payton., Scott, Smith, Bex~.tley, Dickerson, Grimsle Hightower, and Horton, y' No : None . Abstained: Aldermen Bentley and Harris. 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 rd' was then read the third time by the City Attorney. ° znance . s ey, Hightower, and Horton. No . None. Abstained: Aldermen Bentley and Harris. Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grim 1 Alderman Hightower, 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 No : None . • Abstained: Aldermen Bentley and Harris. Alderman Grimsley, seconded by Alderman Dickerson moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye; Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, and Horton 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, 77~. The ordinance read as follows: ORDINANCE N0~772~ A.hT ORDINANCE TO PROHIBIT THE DISCHARGE OF FIREARMS AND OTHER GUNS Z~'ITHIN THE LIMITS OF THE CITY OF .?EST MEMPHIS, ARKANSAS, TO FIX THE PUNISHMENT THEREFOR, DECLARING AN EMERGENCY, AND FOR 0"i~'~~ER PURPOSES BF I T ORDAINED BY THE CITY C OUNCI L OF THE CITY OF tiarEST MEMPHIS , ARKANSAS: Section 1. It shall be unlawful for any person other than a_ peace officer in the discharge of his duty as such to fire or shoot, within the city limits, a.ny firearms, spring guns, or air guns. Section Z. Any person found guilty of a violation of the provisions of this ordinance shall be punished by a fine of not less than Five Dollars 05.00 } nor more than Fifteen Dollars 015.00 ) and each time said firearms or spring guns or air guns are discharge, shall constitute a separate offense. Section 3. It being found and determined by the City of ?rest Memphis, A~'kansas, that there is an prohibition of discharging of firearms and other limits of the City of ~.~es t T~Temphi s , Ark_ans as an declared to exist and this ordinance shall be in effect from and after its -passage and approval. City Council of the immediate need for guns within the ~mergeney is hereby full force and ^? L a Smith Chairman of the Street Committee, reported on A lderm n ~ finalized to obtain bids for street constrreetsnas for plans completing a wad-king and riding surveandf location. ~+tap showing condition, traffic coun~,~ drainage, 1 contract, l0 milSSlayed1tyAfter 7~ miles of streets to be done by e uipment, and work by,Urban Renewal Agreiecyobtain365 o adequate q discussion of use of city asphalt mac 1 ~ requirements for streets, repair 20 miles of streetsT~as made~by Alderman Smith future street construction, motion d b Alderman C~rims ley : That the Nlayor be aunhvoteedthe seconde Y miles of street work. Upo ~ advertise for bids for 7~ voting was as follows A e: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, y Grimsley, Harris, Hi~-itower, and Horton. r Rod ers brought to the Council's attention four ceivedhforeone Mayo g Galva e Com an and bids re had been taken to Midsou-th ~. g p y another 1971 1971 Chevrolet Police Car from ~'>475.00 to X1,029, ~ 00 to X550 ; and bid f o r one dump Chevrolet Folice Car frther~rhi ~h bid. .579.75 ~ six bids were received truck 602.00 and the o ~ on each vehicle. After discussion of estimates ananhScott bseconded received than estimates, motion was mafe ~h1cles on bids. Upon by Alderman Horton : Approve rele se o vote, the voting was as follows A e ; Aldermen : Payton, Scott, ,Smith, Bentley, Lickerson, y Grimsley, Harris, Hi Mower, and Horton. N~.y : None . Arran ements made by Alderman Grimsley for the Coa bilge Mayor, the auditorium at Helena, Arkansas, watela~m.non April 12th. who stated cars will leave City Hall P Nay : None . Alderman Horton requested progress being made on the Alderman Harris related on S. 16th Street from signs be posted on one Engineering Department on the matter. Nir. Charles Riggan be contacted as to Cable TV Franchise. complaints received pertaining to parking Jackson to Monroe, and requested No Pafkthe side of'"'street. Tv1r. Charles Hampton o was requested to work with ~!.lderman Harris Alderman Payton brought to the Council's attentiein ~hlocatedethere. on S. 9th Street are opposed to the taxi stand b The method of disposing.junk.cars,was discussadCarnisCdeclaredrney Smith requested to clarify timenl~eatsbef ale lights was discussed abandoned. The turning rigkit o and Eddie Brawley stated the City has no blanket. rule onwhodaregnal lights . Alderman Payton rea~uested out of istered.ddBids for notified by mail, that the letters be r g equipment that could not be purchasednenbiaewereydiscussed,rand the advertisements receiving more than o Ma or stated all bidders, who are notified by mail, the letters will y be sent certified mail in the future, Alderman Dickerson requested consideration be givCniton ofetheo City. of sewage back-up in homes in the nortudedtinnthe 1971 Community The Mayor advised the problem was incl Develo ment Statement and the.l~72 Statement, but were ~uesped tod~ p riorit The Aldermen were req and the problem has top p y• artici ate in the Donkey Basketball one with the J.C's on April lOt p p ram. proceeds for the drug abuse prog No further business being presented., the meeting was adjourned. ~- r~`~ MAYOR ~: AT C LEP~K APPROVED: