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April 17, 1975b-, _'~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON APRIL 17, 1975• The City Council of the City of West Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m. on the 17th day of April, 1975• Mayor Ferguson offered prayer. The following w®re present: Mayor Joyce Ferguson, presiding, and Aldermen: Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, A. 0. Holt, Pritchard Horton, J. C. King, R. T. Bentley, and R. S. Cosgrove; and City Attorney R. L. ~i.th. Absent: None . A resolution expressing to Alderman C. D. Hutcherson's children and relatives sympathy at this time of his sudden death, and i.n commemeration of his service to the City was read by City Attorney Smith. Alderman King, seconded by Alderman Bentley moved to adopt the resolution. Upon vote, the voting was as follows : Aye: Aldermen: Dickerson, Gri.msley, Harris, Hightower, Holt, Horton, King, Bentley, and Cosgrove. No : None . The resolution read as follows: RESOLUTION NO. 527 WHEREAS, the City of West Memphis, Arkansas has been saddened by the sudden death of one of the esteemed members of the West Memphis City Council, and WHEREAB, Mr. C. D. Hutcherson has been a distinguished member of the West Memphis City Council for five C5) years and seven (7) months and has rendered valuable service to his City, County, and State, and WHEREAS, the Mayor and City Council will greatly miss the services he has rendered, and wish to express to the members of his family our sympathy in their bereavement of this man who accomplished much good during his lifetime, and WHEREAS, Mr. C. D. Hutcherson was a Christian Gentleman and a member of the First Baptist Church of West Memphis, Arkansas for more than thirty (30) years and eight (8) months, and a strong leader in Masonic Circles; THEREFORE, BE IT RESOLVED that the City Council of the City of West Memphis, Arkansas wishes to express to Mr. Hutcherson's children and relatives our sympathy at this time of his death; AND, BE IT FURTHER RESOL~TED that copies of this Resolution be sent to his two (2) children, Mrs. Betty Namowicz, and Mr. Donald E. Hutcherson. ~~-~ Alderman Bentley, seconded by Alderman Cosgrove moved that approve minutes of March 20, 1975, Council Meeting as included in packet. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Bentley, and Cosgrove. No: None. Alderman Bentley, seconded by Alderman Cosgrove moved that dispense with reading of April 3, 1975, Council Meeting minutes. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Holt, Horton, King, Bentley, and Cosgrove. No : None . ~~~~ The Vice 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 Horton, seconded by Alderman Grimsley moved that the ordinance be adopted. Further discussion was had as to Federal and State regulations, further study of the matter, signs in the area, the matter considered by the Planning Commission, thereupon, motion to limit debate was made. Roll call vote on the motion .was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. Alderman King, seconded by Alderman Harris, moved that adopt ordinance as read. The question was put by the Vice-Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King and Bentley. No: None. Alderman Bentley requested the City Attorney research State and Federal Regulations Signs, and a Committee be appointed to study the City~s sign ordinances. Vice-Mayor Dickerson appointed committee of City Engineer Brawley, Building InspectDr Avery, and City Attorney Smith to study the ordinances on signs. Alderman King, seconded by Alderman Holt, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye; Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: Alderman Bentley. The Vice-Mayor thereupon declared the ordinance and the emergency clause adopted. The ordinance was given No. 828, and read as follows: ORDINANCE N0. 828 AN ORDINANCE AMENDING ORDINANCE 7i5 TO INCREASE DISTANCE FROM INTERSTATE HIGHWAY WITHIN WHICH SIGNS 80 FEET IN HEIGHT MAY BE ERECTED. BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: SECTION 1; 9.2133 of "ZONING CODE FOR THE CITY OF WEST MEMEHIS, ARKANSAS. A CO IN PURSUANCE OF THE AUTHORITY GRANTED BY THE LEGISLATURE OF THE STATE OF ARKANSAS IN ACT 186 OF 1957, ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A LAND USE PLAAi; REGULATING THE LOCATION, HEIGHT, BULK, NOMBER OF STORIES AND SIZE OF BUILDINGS, REGULATING OPEN SPACES, LOT COVERAGE, DENSITY OF POPULATION; REGULATING THE USES OF LAND, BUILDINGS AND STRUCTURES WITHIN THE CITY OF WEST MEMPHIS; DIVIDING SAID AREAS OF THE CITY OF WEST MEMPHIS INTO DISTRICTS AND ZONES; REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, CONVERSION, ALTERATION OF BUILDINGS AND STRUCTURES; PROVIDING FOR UNIFORM REGULATIONS FOR EACH CLASS OR KIND OF BUILDING THRlOUGHOUT EACH DISTRICT; AND PROVIDING FOR A BOARD OF ADJUSTMENT" is .hereby amended to read as follows: "The height of a sign or sign structure shall not exceed 35 feet in height in any district with the exception that signs 80 feet in height are permitted within 700 feet of the Interstate Highway. ~~ SECTION 2: Emergency Clause : It is the finding of the City Council that immediate application of the provisions hereof are necessary to the orderly conduct of commerce within the City of West Memphis, Arkansas, and for the protection of the safety and welfare of the inhabitants of the City of West Memphis, Arkansas; therefore, an emergency is hereby declared to exist and this Ordinance shall be in frill force and effect from the time of its passage and approval. 3~~-~t-~ ..~" ~, ~r iT,, . 5 MINUTE RECESS WAS ANNOUNCED BY THE VICE-MAYOR The meeting was called to order by the Vice-Mayor, Alderman Harris was not present. Vice-Mayor Dickerson presented report of the Garbage Committee that under the Classification Schedule of the Ordinance, the four-cubic-yard containers would be a minimum of $15.00 under Class E and the six-cubic-yard containers would be a minimum of $25.00 under Class I plus volume amount. The City Engineer and the Garbage Committee will determine the classification. Attorney Ralph Sloan appeared on behalf of Guaranty Loan & Real Estate Company, and requested rezoning of Fifth Addition Richland Subdivision. The Planning Commission on March 26, 1975, recommended rezoning the area. Alderman Hutcherson introduced an ordinance entitled "An Ordinance To Rezone A Tract Containing 95.32 Acres In The SEA Of Section 11, Township 6 North, Range 8 East To Be Known As Fifth Addition Richland Subdivision". The City Attorney read the ordinance. Alderman Holt, seconded by Alderman King moved the first reading of the ordinance be approved. Upon roll call vote, the voting was as follows: dye: Aldermen: Grimsley, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. A resolution pertaining to matters to be considered at a regular Council Meeting was read by City Attorney Smith. Alderman Hutcherson, seconded by Alderman Grimsley moved the resolution be approved. After discussion, the voting was as follows: 1~ye: Aldermen: Grimsley, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. The resolution read as follows: RESOLUTION NO. 526 WHEREAS, the City Council of the City of West Memphis, Arkansas is concerned with many important matters of interest to our City which take considerable thought and time for the Mayor and City Council, and WHEREAS, it is believed to be in the best interest of the entire City that all of these matters, including Resolutions and Ordinances be placed in writing at a time that the Council can consider this business, and WHEREAS, it is believed that it is advisable to establish some time as a cut off date to bring these matters before the Council; T~~REFORE, BE IT RESOLVED THAT: 1. All Resolutions and Ordinances in writing and matters to come before the City Council must be placed on the Agenda not later than Noon on the Monday preced- ing the Council Meeting. 2. Anything that is not placed on the Agenda by Noon on the Monday preceding the Council Meeting and hand carried to ate West Memphis Council Members by 5 p.m. on Tuesday preceding the Thursday meeting may not be brought up at the Council meeting unless there is a unanimous vote of the Council Members present to waive such a requirement. `~5 Alderman Bentley reported on Crittenden County renewing application for Juvenile Program. Alderman Bentley, seconded by Alderman Hutcherson moved that Council go on record designating the old Utility offices on S. 2nd Street as facility to be used in continuance of Juvenile Program. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No : None . Alderman King, Chairman of the Committee to study the mosquito spray bids, moved award the bid to McNeely Flying Service of Earle. The motion was seconded by Alderman Bentley. The Council was informed the contract would be for five sprayings with an option for one additional spray at the same price. Upon roll call vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. Alderman Hutcherson, Laison with Library Board, reported on Board Meeting. Increasing Board from five to seven or 10 members was discussed, and City Attorney Smith advised State Statutes would have to be amended to increase the Board of Trustees. Repairs to the library buildings were discussed with Ar~hit~t"~; Pat Magruder. Alderman Bent7.ey, Chairman of the City Hall Building Committee, snd Mr. Pat Magruder, Architect, outlined plans for purchase of ftiirniture, and requested permission to advertise for bids to be received on April 2l~th and report to the Council on May 1st. After-discussion, Alderman Bentley, seconded by Alderman Hutcherson moved that advertise for bids for t~,irniture for City Hall at 2 p .m. April 21~, 1975. Upon vote, the voting was as follows Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. The Mayor and a representative of the Committee were requested to be present for the bidding. Alderman Bentley brought to the Councils attention the parking area at the new City Hall, and moved that the matter be put on Agenda. The motion was seconded by Alderman Hutcherson, and upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No : None . Architects Magruder and Froning presented layout of plans for parking area to serve the City Hall and Auditorium, the Avenue of Flags to show each country that has ruled over Crittenden County, landscaping, and financing of the parking area. were discussed. Alderman Grimsley, seconded by Alderman Bentley moved that advertise for bids for City Hall and Auditorium Parking lots on April 2}~, 1975. Upon roll call vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. City Attorney Smith, Chairman of the Auditorium Bufl.ding Committee, was requested to call a meeting of the Committee to consider furnishing the Auditorium. Alderman King, Chairman of the Fire Commission, requested permission to purchase 3 lawnmowers and l5 mattresses, three of the mattresses to be for the new Fire Station; the cost of items being less than required for bids. After consideration, Alderman King moved that the Fire Commission be authorized to purchase three lawn mowers and 15 mattresses. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. Alderman Bentley, Chairman of the Budget Committee requested the Fire Commission work with Administrative Assistant Rick Gallagher in allocating Revenue Sharing Funds. `.~- ~'' ~~ Mr. Bob Frui.tticher, representative of F. S. Ferry Co. of Memphis, was introduced by A 'stration Assis'hnt Gallagher. Mr. Fruittioher informed the Council after inspection of the incinerator used for disposal of dogs found it duo be totally inoperable. Information on the Company, experience, a used 3?, 040 lb. incinerator that can be converted and cost $1Ja,l~68 f . o .b. the factory can be obtained f.o.b. the Company Memphis office for $3,280.00 plus $].,8.0.00 for delivery and installation on the owners foundation. City would be responsible for payment of electric and gas hook-up and construction of 6 to 8 inches thick reinforced concre~ slab. After discussion of guaranty, and years of operation the matter was referred to the Police Commission, Chief Harper, and Chz.ef Keen for their recommendation. An ordinance entitled "An Ordinance Vacating The Unnamed Street Bounded On The West Hy Lots 36 And 3? And On The East By hots 35 And Itl Of Bondts Survey Of Irregular Lots, West Memphis, Arkansas, As Shown By Plat Of Record In Plat Book 1 At Page 106 And Shown As Lewis Street On The Plat Of Record In Plat Book 1 .pt Page 96~~ was read the second time by City Attorney Smith. Alderman Horton, seconded by Alderman Grimsley, moved the second reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: .Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. Building Inspector Avery requested further study be given an ordinance entitled ~~An Ordinance Amending The 1973 Edition Of The Southern Standard Housing Code Previously Adopted By Ordinance No. 796 On February 21, 19?~.; Declaring An Emergency; And For Other Purp~es~ that was on the Agenda before introduction. Alderman Bentley, seconded by Alderman King, moved to postpone until next Council meeting. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson - King, and Bentley. No : None . Alderman Holt introduced Attorney Elton Rieves III. Mr. R3.ev+es stated he represented Mr. Sterling Burton, who had appeared on March 6th and requested permission to install a sign at the Bonan$a restaurant on ShoppingKay Blvd. that would be in violation of height restrictions of Ordinance No. 715. Mr. Rieves reviewed relevant sections of Ordinance No. 715, Federal regulations, and growth potential of the city. Thereupon, Alderman Holt introduced ari ordinance entitled ~An Ordinance Amending Ordinance 715 To Increase Distance From Interstate Highway Within Which Signs 80 Feet In Height May Be Erectedt~, and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderma~a Bentley moved that the role requiring the reading of an ordinance in full on three different days be suspended and the ordinance be placed on its second reading. The Vice-Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No : None . Thereupon the Vice-Maryor 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 Hightower then moved that the rule requiring the reading of an ordinance in ftii].l on three different days be further suspended and that the ordinance be placed on its third reading.. The Vice-Mayor put the question on the adoption of the motion and the roll being called the following voted: Vie: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No: None. .y Attorney Smith read the ordinance. During consideration of the ordinance comments by C. L. Griffin, Bill ~Egbert, and Bill Manning, Alderman Grimsley suggested further study be given the matter. Thereupon, Mayor Ferguson appointed Committee composed of Building Inspector Avery, Chairman, Alderman King, and Bill Egbert, Electric Inspector to study the matter. Mayor Ferguson announced the appointment of W. R. "Bill" .Spencer as a member of the Planning Commission. Alderman Hutcherson, seconded by Alderman King moved the appointment be approved. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. City Engineer Brawley summarized letter from the U. S. Engineers, and announced a hearing on drainage problems will be held at 7:30 p.m. April 8, 1975, in the Municipal Courtroom. Reappointment of Mr. E. C. "Took" Gathings to the Port Authority was made by Mayor Ferguson. Alderman Cosgrove, seconded by Alderman Hutcherson moved to accept the reappointment of Mr. E. C. Gathings. Upon vote, the voting was as follows Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. Appointment of the City Hall Building Committee was announced by Mayor Ferguson as follows: Alderman Bentley, Chairman, Aldermen: Hightower, Grimsley, Dickerson, Hutcherson, Lee Cramer, Chief Harper, Assistant Chief Keen, Eddie Brawley, Rick Gallagher, Judge Fairley, and Calvin Avery. The Mayor requested the Committee meet with the Architect to ascertain what furniture can be used and is needed at the new City Hall. Alderman Grimsley reported on furniture used at the Neighborhood Facility, and portable tables and chairs ordered and kitchen equipment. Alderman Horton inquired as to status of T. V. Cable. The Mayor appointed a committee of Alderman Horton, Chairman, and Aldermen Dickerson and Hutcherson to investigate and report at next Council Meeting. Progress on the opening of Thompson Street was requested by Alderman Horton. City Attorney Smith informed the Council of information on filing of the plats, injunctions, and condemnation procedures. City Engineer Brawley was requested to obtain an approximate cost figure for the next Council Meeting. Alderman Hightower presented complaint from James Watkins, 23~ S. 20th, as to 15 or 20 cats in the neighborhood. Concensus was the Police Department be instructed to enforce the ordinance pertaining to cats. Alderman Bentley recommended the Council meet with Utility Department Department supervisors at l~:00 p.m. April 7th. Mayor Ferguson assured the Council of cooperation and requested the City Treasurer be present. Alderman King brought to the Council's attention complaints on movies at the Holiday Twin Theatres, and requested the Review Board be reactivated. After discussion, the concensus was letter be written to the Manager from the Council recommending provide at least one "G" movie. Complaints were presented by Alderman King as to shrubs at corner of Jackson and S. 3rd Street, water and debris in back of Nursing Home on Jackson Street, corner of S. 8th and Monroe, and the rat problem at Meadowbrook Square. Work on the rat problem was explained by Building Inspector Avery and Administrative Assistant Gallagher. There being no further business, the meeting adjourned. 7 ATTEST CITY q RK '3~ ~ ~ f U Mnmx APPROVED: APRIL 3, 1975