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May 3, 19733 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 3RD DAY OF MAY, 1973• The Council of the City of West 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 3rd day of May, 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 Aldermen: M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, and Ann Payton; and City Attorney R. L. Smith. Absent: Alderman W. L. Harris. It being dart®rmined a quorum was present, the following proceedings were had to-wit Minutes of meeting on April. 19, 1973, were approved as r~-ad. Alderman Dickerson reported the Auxiliary Police Unit ha+~ c©mpleted training, and will commence working. Alderman Bentley reported A, S. Henson Company, Inc. of Memphis, retirement specialists, evaluated the bids for retirement plan. for salaried city employees, and the bids were very close the differences being in administrative costs. Also, due to several members of the committee bidding on the matter, those committee m®mbers were omitted from-the meetings on the information received from A. S. Henson Company, and Mr. Jay Wood, the Mayor's Administrative Assistant, had assisted the remaining member, Aldermen Horton and Bentley. Motion was made by Alderman Bentley, seconded by Alderman Horton: That Connecticut General Life b® approved as carrier for retirement plan for the City. Upon vote, the voting was as follows Aye : Aldermen: Scott, Smith, Bentley, Dickerson, Gri~asley, Hightower, Horton, Hutcherson, and Payton, No : None . Alderman Bentley expressed appreciation to Mr. Fred Owen, Don Brawley, and Jack Briggs, committee members, Mayor Rodgers announced bids for the 19?3 Asphalt Program as per Notice published in the Evening Times on April 9, 1973 would be received. City Attorney Smith read the following bids received: Lehman-Roberts Co. Inc.: Asphaltic Concrete Hot Mix Binder Ghirse for patching and 1e ve ling $22, x.15.00 Asphaltic Concrete Surface Cours e Total ~ Warren Brothers Company: Asphaltic Concrete Binder Course for and leveling Asphaltic Concrete Surface Course Total Hot Mix 118,799.5© $1~.1, 2ll~.50 Hot Mix patching X19,501,05 Hot Mix 1x9,385.20 X128,886.25 4 After discussion of the. bids, motion was made by Alderman Grimsley seconded by Alderman Hutcherson: That the Street Committee review the bids, and the Comm~i.ttee be authorized to 1®t the contract. Upon vote, the voting was as follows Aye : Aldermen : _ Scott, Smith, Bentley, Dickerson, trims ley, Hightower, Horton, Hutcherson, and Payton. Nos None. Alderman Smith, Street Committee Chairman, announced the Coxamittee meeting ~. p.m. Tuesday, May 8th. Attorney James Hale, Jr. r®presenting Mr. Bob Kyle requested the App®al of the Planning Cammi~si©n reco~an®r~dation be passed on the Agenda until Alder.~ian Bentley could study tie information presented ~to the Aldermen. Recommendation of the Planning Commission to rezone Lots 1 and ~, Block 11, Miles L. Thompson',s 2nd Addition bs rezoned from RS-b, Single Family Residence to RM 1.5 Multiple Fam,3.ly Residence upon application of Dacus Lumber Company was presented.. The Council was informed an ordinance had been prepared with the emergency clause and a copy without the emergency clause for consideration. Attorney Ralph Sloan on behalf of the applicant presented blueprint of the proposed duplex, and stated Mr. Dacus had sold his home,-and plans to live in the ~.uplex as soon as completed also his sister plans to sell her home and wove into the duplex. After discussion., motion was made by Alderman Horton, seconded by Alderman Hutcherson s ~.at the ordinance prepared with the emergency clause be considered. Upon vote, the voting was as follows s Aye : Aldermen s Scott, S~ai.th, Bentley, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Payton No 3 None • Alderman Dickerson introduced an ordinance entitleds "An Ordinance To Rezone Lots 1 And 2 In Block 11 Of Miles. L. Thompson's end Addition To The City Of hest Memphis Arl~ansas, And- Declaring An ~rnergency", and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Smith, 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 ors the adoption of the motion and the roll being called, the following voted: Ayes AlderRnens Scott, Smith, Bentley, Dickerson., Grimsley, Hig~itower, Dorton, Hutcherson, and Payton Nos 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 s®cond time by the City Attorney. Alderman Payfi~on, 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 adoption of the motion and the roll being called the following voteds Ayes Aldermen s Scott, Smji.th, Bentley, Dickerson, Grmsley, Digltower, Horton, Hutcherson, and Payton Nos None. The, Mayor declared that at least two-thirds of $11 members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. Ttie ordinance was then read the third time by the City Attorney. F 5 Alderman Scott, seconded by Alderman Hightower, moved that the orl3.nance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Ald®rlnen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Payton No : None . Alderman Horton, seconded by Alderman Grimsley moved that Section 3, the emergency clause, be adopted and on-roll call the following voted Aye : Alderman: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Payton No : None . Th® 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 . ?73, and read as follows ; ORDINANCE No. 773 AN ORDINANCE TO REZONE LOTS 1 AND 2 IN BLOCK 11 OF~ MILES L. THOMPSON~S 2ND ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, AND DECLARING AN EMERGENCY WHEREAS, application was made to the City Planning Commission to rezone the ~ b.ereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 715 the matter was heard by the City Planning Ccurn~ission and no persons appearing to protest the sa:ae the Planning Commission recommended that said application be granted: NOW THEREFORE BE IT ORDAINED BY: THE CITY C OUNCTL OF THE CITY OF WESfi MEMPHIS, ~RKANSAS SECTION I; That the following described property, to wit; Lots 1 and 2 in Block ll of Miles L. Thompson's 2nd Addition to the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 1 at page 85, be and the same is hereby rezoned RM 1.5 Multiple Fam3.ly Residence. 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 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 fr©m and after its passage and approval. Mayor Rodgers introduced Mr. Robert A. Brooks of Telcom ~agineering, Inc. of St. Louis, the consultants who assisted the-.City of Memphis with Cable TV Franchise. Mr. Brooks brought to the Councils attention the present franchise has no fixed duration as FCC require- ments state .can not be over 15 years, and the filing of the $25,00© construction bond. Mr. W. .Farris of Memphis, Mr. John LeBeca of New York representing Athena Corporation and Mr. C. B. Nance discussed with the Council and Mr. Brooks filing of the construction bond, rate schedules to be controled by the Council, 35 mile radius jurisdiction and control of programs under FCC regulations, delayed broadcasts from Little Rock station, and the hearings and ordinance in Memphis, Tennessee. City Attorney Smith recommended filing of the bond as required by Ordinance No. 632 be delayed until amendments ae required by FCC regulations are made. Thereupon, Mayor Rodgers advised the representatives of the Company the filing of the bond be held in abeyance until the amendments are made to the ordinance; also Mr. Brooks was informed h® would be notified as to decision pertaining to employment as consultant. b Mr. Ray Stevenson. of Crittenden County Video distributed copies of his company=s proposal and requested action be delayed until an opinion is received from the Attorney General as to the present Franchise, Ordinance No. 6~2, that they had requested the City Attorney obtain, Mr. Stevenson stated questions pertaining to. programs from Little Rock would.. have to be referred to his associate Mr. Johnny Tate, who could not be present.- Financial Statement of Crittenden County Video System was requested. An ordinance limiting the numb®r of dogs in a residential area was presented for consideration. The ordinance entitled "An Amendment To Ordinance ~'©, 715, Limiting The Number Of Dogs To Be Kept By One Farm ly, Declaring An Emergency And For Other Purposes " 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 : No : bone . Aye; Aldermen: Scott, Smith, Bentley, Dickerson, Grixasley, Hightower, Horton, Hutcherson, and Payton 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 brae by the City Attorney. Alderman Scott, 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 plat®d 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: Scott, Sam.ith, Bentley, Dickerson, Grim.sley, Hightower, Horton, Hutcherson, and Payton 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 S~f.th, seconded by Alderman Hutcherson, moved that the ordinance b® adopted. The question was put by the Mayor on the adoption of the motion .and the roll being called, the following voted : Aye : Aldermen: Scott, Sm3.th, Bentley, Dickerson, Grimsley, H~itower, Horton, Hutcherson, and Payton No : None. Alderman Dickerson, seconded by Alderman Grimsley, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted Ayes Aldermen; Scott, Smith, Bentley, Dickerson, Grmsley, Hi g~tower, Horton, $Litcherson, and Payton 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 9ee~.l of the City. The ordinance was given No,. ?7~., and read as follows: .. ~ , a ~' ORDINANCE NO_,7?~. AN AMENDMENT TO ORDINANCE N0, 715, LIMITING THE NUMBER OF DOGS TO BE KEPT BY ONE FAMILY, IECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE I T HEREB'Y' ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Ordinance No. 71~, dated March lb, l9?2, is am®nded as follows : • ~~ Section 2. It shall be unlawful .for any family residing in the Residential Area of the City . o,f T~Test Memphis, Arkansas to own more than three (3) dogs, which exceed ten (l0) weeks in age. Section 3. All ordinances or parts of ordinances in conflict here-with are repealed. 7 Section ~.. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor. Section 5. It being found and deterra3.ned by the City Council of th® City of Nest Memphis, Arkansas, that it is necessary to limit to three (3) the number of dogs to be k®pt at one (1) dwelling, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage a.nd approval. ~~~ i { ~ 9 _ ~' The next order of business was hearing on appeal from. the Planning Comma3.ssion. 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I E r - I ,. .. ;~ ,. ....,_ ,.. e,~ _ _.~ o . .._ . ~_ ..., j i ~3 Mr. Bob Kyle informed the Council his business is butl.t around fine art involves art school had approximately 1©© students, art appreciation, and local artists; and the building is very conclusive to type of business and plans to 1 eave trees and shrubs . Mr. G. W. McAuley, Chairman of the Planning Commission, commented on the one hundred and over types of business that could be established in a B-2 Zone, on site inspection made by members of the Commission when receive notice of application filed, recommendation of the Planning Consultants, Manes & Associates, that the application be rejected, future uses of the property if zoned B-2 that would be detrimental to the area, and require- ments that picture framing business have one parking spot for each 200 feet of space in the building. Attorney James Hale, Jr. introduced Mr. Frank Vaughn, owner of the property,, who stated the Assembly of God Church had offered to purchase the property. Rev. Geoffrey buncombe, past®r of the Assembly of God Church, and members of the congregation were present, and presented ob3ection that the rezoning would be detrimental to the church. After discussion, motion was made by Alderman Hutcherson, seconded by Alderman Scott: That table the matter for two weeks, and refer back to the Planning Comm~.ssion to see if can be worked out. Upon vote, the voting was as follows : Aye : Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Payton No : None . Alderman Horton requested if a Special Meeting of the Planning Commission could be called. Chairman McAuley ingtt~E~e~d as to the legality of calling a special meeting. and was advised by the' City Attorney the Chairman has authority to call a meeting. Approximately twenty-five residents of Southwood Estates were present, and presented the following petition: PETITION OF CONCERN AND FOR I MPRii~EMENT T0: The Mayor of West Memphis, Arkansas, City Council Members and the City Engineers. The citizens of Southwood Estates hereby petition the afore- mentioned people in a respectfully manner to do everything in their power to aliviate the following conditions that occur r®peatedly in our nieghborhood. 1. Whereupon it r bec©me flooded under water. 2 , There are many that like most understand the sins in the area the streets in our area to the point that half of our yards stand children under the age of 10 in this area young children enjoy the water but fail to dangers of deep water. 3. The people in this area like everywhere have fobs that they must go to, however when waters get to the level that has occurred in. the past few weeks no car mound can successfully make it through. ~ ~.. In a matter of health, when water gets up this hig~i sewer lines become filled with the excessive water making the r®moval of waste products from the bathroom impossible. 14 These conditions are a cause for great concern not only by~us the citizens involved but by our elected city officials who. are bound by oath to aid and help the citizens of our town. We have beseeched the City before for help however we have received no relief as of yet. We find ourselves praying that you wi11 heed our word for help before we :neat with a catastorphe. We have had two narrow escapes already one involving-the life of a 2 gear old boy. We pray help from you will avert any future narrow escapes or possible death. THE CITIZENS OF ~©UTHWOOD ESTATES (ADDtN T4 WESTW04D ACRES) (~2 Signatures 1 Sewer and drainage problems were discussed at length with Mr. Hampton and Mr. Brawley of the City Engineering Department, Mr. Cy Bond, Engineer for the Drainage District and residents of the area. Mayor Rodgers stated the City~s dragline is operating in the area, and if doss not offer relief for the group to appear at a later Council sneeting~ also a Federal Flood Control-Plan by the II. S. Engineers has been authorized, and perhaps Federal Assistance can be obtained. Alderman Payton requested the City Engineer prepare a-schedule for inspecting and cleaning culverts, and report to the Council on action taken. Mr. Guy Joyner informed the Council of plans to construct 300 to I~00 units 13/I~ miles west of the Airport that would be within the five mile Sound Improvement Zone and. will meet sewer and water requirements but has not been able to secure Fire -Protection. Mayor Rodgers referred Mr. Joyner to the Fire Commission. Alderman Smith stated-would contact Mr. Joyner when the Fire Comrn3.ssion meets. Report on efforts to locate a Kirby Company plant in West Mempl~:~ was made by Mr. Bob J. Harrington of 2348 E. Broadway, who operates Kirby Company of West Memphis. Mr. Harrington ®xplained operation of~his company, sad requested exemption-from Ordinance No, 206, an ordinance d~ea~.~~~.~.g`~Peddling and Soliciting a nuisanc®, stating in some cities where a business man is licensed he is entitled to ®xemption. After discussion, Alderman Bentley suggested the Council take the matter under advisement and study. Thereupon, Mayor Rodgers appointed a comrai.ttee of Aldermen Horton, Chairman, and Alder~aen Bentley, Scott, and Dickerson to study the matt®r also privilege license ordinance and make recommendation to the Council. Mayor Rodgers presented the following appointments to the City Beautiful C©mmission: Mrs. C. L. Griffin, Mrs, R. E. Lavern Zachry, Mrs . R. A. .Burnett, Mrs , Harold Sammy Eaves, and Mrs , A. W. Bell. Motion was made by Alderman Hutch®rson, seconded. by Alderman Horton: That the appointments as presented be approved. Upon vote, the voting was e.s follows s Ayes Aldermen : Scott, Smith, Bentley, Dickerson, Grime ley, Hightower, Horton, Hutcherson, and Payton No : Done . The Mayor announced the election on the question of issuing bonds for construction of an auditorium and sew City Hall had b®ea approved,. and appointed the following co~nittee to work with the architect: City Attorney Robert Smith, Chairman, Aldermen Barris, Payton, Scott, Horton, and Smith; and persons recommended from other organizations - Roy McKee, Jr.~-Little Theatre, Mai McCammon- Quota Club,. Jerry Loggias,-J. C,'s, Margaret Woolfolk, Evening Times and Marion Youths, Mrs. D. A. Dallas,-~QQ~ar~arker Gee, Jessie Cooper, -school, Mrs . ~Tictor Saig, Jr,l, and Mrs . Chester Durley. 15 Mayor Rodgers distributed copies of plans to expend Revenue Sharing Allocation for the period January 1, 1973 -June 30, 1973, as fellows : Operating Maintenance Expenditures Public Safety $ 7,l~04 Social Services 3,000 Financial Administration 7,728 Total $8,132 Capital Expenditures : Multi-Purpose and General Govt. 8,000 Transportation 55,000 Environmental Conservation 25,000 Public Safety 3,000 Recreation Culture 12, 250 Others -Library 5,000 Others -Fire Truck 37,7b8 Total $1.6,018 Aft®r discussion, motion was m,ad® by Alderman Scott, s®conded by Alderman Hutcherson: That plan for Revenue Sharing be approved as presented. Upon vote, the voting was as follows : Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Payton Nos None. Copy of the Plana will be published in the Evening Times. The Council was inr~t~c~ City Attorney Robert Ssn3.th has to be out of the City during some sessions of Municipal Court, and must have another Attorney substitute for him. After discussion, motion was made by Alderman Grimsley seconded by Alderman ~n3.th: That authorise payments up to $20.00 per day for each day the City Attorney can not appear in Court and another Attorney takes his plat®. Upon vote, the voting was as follows Aye : Aldermen : Scott, Srn3. th, Bent ley, Dickerson, Grims ley, Hightower, Horton, Hutcherson, and Payton No : None , Alderman Horton requested Eddie Brawley of the Engineering Dept. write for inf~ation on the signal light at Missouri and the Service Road, Mayor Rodgers announced a point meeting of th® City Officials of Marion, the Council and Planning Commission of West Memphis at 7:0o p.~. May 3, 1973. No further business being presented, the meeting was adjourned. ~~ YOR r ~,-.. 1 ATTE CITY RK } APPRO~TED : MAY 17, 1973