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November 4, 1976Lt~Jt"3 MINUTES OF A REGULAR MEETIlVG OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON NOVEMBER ~., 1976. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o'clock p.m. on the nth day of November, 1976. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: J. E. Hightower, Pritchard Horton, J. C. King, Doug Morris, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, and W. L. Harris; ~ and Deputy City Attorney Thomas Montgomery. Absent: Aldermen: Tilden Rodgers and D. M. Grimsley, and City Attorney R. L. Smith. Alderman R. S. Cosgrove gave the invocation. It being determined a quorum was present, the following proceedings were had to-wit: Mayor Ferguson introduced the newly elected Aldermen, who were present: Mrs. Roberta Jackson, W. R. "Bill" Spencer, Lloyd J. Woodell, and C. D. "Doug" Shelton; and City Treasurer Aubrey Holt. Alderman Dickerson, seconded by Alderman Morris, moved to approve the minutes of Council Meeting on October 21, 1976, as included in the packet. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No : None . The Mayor announced City Attorney Smith was in Washington, D. C. on business. First order of business was opening of bids for furnishings for the Fire Stations in accordance with did Notice published in the Evening Times on October 13th and 20th. Alderman Bentley, seconded by Alderman Horton, moved that read the people who submitted bids since line item bids, turn over to the ~`~.re Commission to pick lowest and best qualified bid for recommendation to the Council. Upon vote, the voting was as follows: dye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No : None . Bids were received from the following: Arrow Business Services, Inc. - Memphis, TN Mills Morris Office Furniture - Memphis, TN Crittenden publishing Company - West Memphis Master Home Furnishings - West Memphis Delta Appliance Service - West Memphis Moser Fisher, Inc. - Little Rock Alderman Dickerson announced a Fire Commission meeting after Council meeting. An ordinance entitled "Axl Ordinance To Vacate Unnamed Street Or Road Located In The SE~4 Of Section 9, Township 6 North, Range g East" read the first time on October 7, 1976, and the second time on October 21, 1976, was read the third time by Deputy City Attorney Montgomery. Alderman King, seconded by Alderman Harris, 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. ~. t~ 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 ordinance was given No. 869, and read as follows: ORDINANCE N0. 869 AN ORDINANCE TO VACATE UNNAMED STREET OR ROAD LOCATED IN THE SE 4 OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 9 EAST. WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the 16th day of September, 1976, asking the City Council to vacate and abandon all that portion of the unnamed street or road which was dedicated for the use of the public as a public street or highway by warranty deed dated March 1, 195., executed by the First National Bank of Memphis and Roy Church, Trustees under the will of J. H. Stuart, deceased, to Dan Trabish, filed for record on June 3, 1951, and recorded in Book 256 at page 113 in the office of the Recorder of Crittenden County, Arkansas, described as follows; An unnamed street or road 50 feet wide east of and abutting the following described tract of land; That part of the SE% of Section 9, Township 6 North, Range 9 East, particularly described as follows: Beginning at the point in the north line of the right of way of U. S. Highway No. 61 (By pass highway} which is 69..67 feet measured along said highway line from its point of intersection with the east line of said Section 9 (which point of intersection is 886.61 feet measured along the east line of Section 9 from the southeast corner of said Section); and run thence north parallel with the east line of said Section 9, 372.50 feet; thence west 181.6 feet; thence south parallel with the east line of said Section 9, 288.5 feet to the north line of the right of way of said U. S. Highway 61; thence in a south- easterly direction along said highway right of way line 200 feet to the point of beginning, containing 1.38 acres, more or less. WHEREAS, after due notices as required by law, at the time and place mentioned in the notice, the City Council has heard all persons desiring to be heard on the que~ion and has ascertained that the street or road hereinbefore described has heretofore been dedicated to the public use as a street herein described; has never been actually used by the public generally since the dedication on March 1, 195.; that petitioner is the owner of all of the property abutting upon said unnamed street or road to be vacated; and that the consent of no one else is necessary or required to said vacation; and that public interest and welfare will not be adversely affected by the abandonment of such street or road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: The City of T~Test Memphis, ,Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the street or road described as follows; An unnamed street or road 50 feet wide east of and abutting the following described tract of land; That part of the SE of Section 9, Township 6 North, Range 9-East, particularly described as follows: Beginning at the point in the north line of the right of way of U. S. Highway No. 61 (By pass highway) which is 691.67 feet measured along said highway line from its point of intersection with the east line of said Section 9 (which point of intersection is 886.61 feet measured along the east line of Section 9 from the southeast corner of said Section); and run thence north parallel with the east line of said Section 9, 372.50 feet; thence west 181.6 feet; thence south parallel with the east line of said Section 9, 288.5 feet to the north line of the right of way of said U. S. Highway 61; thence in a southeasterly direction along said highway right of way line 200 feet to the point of beginning, containing 1.38 acres, more or less. SECTION II: A copy of the Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the deed records of the county. SECTION III: This Ordinance shall fake effect and be in force from and after its passage. ., , ~i ...L„~, ..~~., 'S7 An ordinance entitled "An Ordinance To Rezone Lots 3~, 35, 36, 37, 38, 39, 1~0, l~l, And The N% Of Abandoned Fourth Street Adjoining Lots 3~ And 35, Hulbert Heights Subdivision In The City Of West Memphis, Arkansas, Being Known As 900 South Avalon Street, ?~'~est Memphis, Arkansas" read the first time on October 7th, and the second time on October 21st was read the third time by the Deputy City Attorney. Alderman King, seconded by Alderman Harris, 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. poi o ; 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 ordinance was given No. 870. The ordinance read as follows: ORDINANCE N0. 870 AN ORDINANCE TO REZONE LOTS 3~, 35, 36, 37, 38, 39, 1~0, ~.1, AND THE Nl2 OF ABAT~TDONED FOURTH STREET ADJOINING LOTS 3~~ AND 35, HULBERT HEIGHTS SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS, BEING KNOWN AS 900 SOUTH AVALON STREET, WEST MEMPHIS, ARKANSAS. WHEREAS, application was made to the City Planning Commission to rezone the hereinafter 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 Commission, and no persons appearing to protest the same, the Planning Commission recommended that said application be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the following described property, to wit: Lots 31~, 35, 36, 37, 38 and the south 50 feet of Lot ~.1 of Hulbert Heights Subdivision in the City of West Memphis, Arkansas, and the N 2 of abandoned Fourth Street adjoining said Lots 34 anal 35, and being known as 900 South Avalon Street, West Memphis, ~rkansas, be, and the same is hereby, rezoned B-2 General Business District. SECTION II: That the following described property, to wit: Lots 39 and ~.0 and the north 100 feet of Lot ~.l of Hulbert Heights Subdivision in the City of West Memphis, Arkansas, being known as 900 South Avalon Street, West Memphis, ~}rkansas, be, and the same is hereby, rezoned B-1 Limited Business District. SECTION III: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. A resolution recommended by the Planning Commission to amend the West Memphis Comprehensive Plan with respect to the area bounded on the north by Interstate 55, on the south by U. S. Highway 70, and on the west by Club Road designated for apartments be changed to industrial was read by Deputy City :attorney Montgomery. Alderman King, seconded by Alderman Harris, moved to adopt the resolution. City Engineer Brawley elaborated on changing the Comprehensive Plan prior to considering an ordinance for rezoning a tract of land of approximately 10 acres in the area from RM 1.5, multi-family residential, to M-1 industrial that also had been recommended by the Planning Commission upon application of Folk Construction Company in order to construct mini-warehouses in the area. The applicant was represented by Attorney Ralph Sloan, who explained original zoning oi~ t~ property, rezoning, and present request for rezoning; and exhibited pictures of the proposed mini warehouses. Mrs. Floyd Graham and Mr. John Criner, property owners in the adjacent area presented objections to amending Comprehensive Plan. e~ During discussion of zoning classifications, rezoning required even though the Comprehensive Plan amended, notification of citizens, notices published in the paper, Planning Commission hearing and recommendation, comments of members of the Planning Commission present, Mr. Bill Spencer and Mr. ~L. J. Woodell, to refer to Planning Commission for reconsideration, Aldermen King and Harris withdrew their motion. Alderman Dickerson, seconded by Alderman Horton moved to table the matter for further discussion and refer back to the Planning Commission. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. An ordinance amending Ordinance No. 715, Section 8.2 to provide under "Tire Recapping Shop" two sections "Heat Process" and "Cold Process"; the "Heat Process remain as a permitted use in a M-2 Zone and "cold process" be allowed to be operated in a M-1 or M-2 Zone was presented. Mr. Ralph Sloan, on behalf of applicant Bandag Corporation, informed the Council the Corporation plans to locate a "Cold Process" tire recapping business at the former Poole-Highlander Mobile Homes property on East Broadway; and due to urgency of matter was requesting ordinance passed with Emergency Clause. Recommendation of the Planning Commission, operation of a plant in the North Little Rock area, process used, and noise and smoke factors were discussed. Alderman Cosgrove introduced an ordinance entitled "An Ordinance To Amend Section 8.2 Of Ordinance No. 715 Of West Memphis, Arkansas Declaring An Emergency And For Other Purposes" and the Deputy City Attorney read the ordinance in full. Alderman Cosgrove, seconded by Alderman Dickerson, 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, 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 Deputy City Attorney. Alderman King, seconded by Alderman Hightower then moved that the rule requiring the reading of an ordinance in fu~.lon 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, 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 rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the Deputy City Attorney. Alderman Morris, seconded by Alderman Harris, 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. Alderman Bentley, seconded by Alderman Horton, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, 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. 871 and read as follows: ~_~jt7 ORDINANCE N0. 8 71 AN ORDINANCE TO AMEND SECTION 8.2 OF ORDINANCEPNUO~.OSES OF WEST MEMPHIS, A.~~KANSAS DECLARING AN EMERGENCY AND FOR OTHER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MF,MPHIS, ARKANSAS: Section 1. Section 8.2 of Ordinance No. 715 of the City of Z~1est Memphis, Arkansas, is hereby amended to provide under "Tire Recapping Shop" two sectiars, respectively called: "Heat Process" and "Cold Process!~he Tcoldherocess"e subdivision shall remain as a permitted use in the M-2 zone, but P of Tire Recapping Shop shall be allowed to be operated on lands zoned M-1 or M-2. Section 2. The previously existing section 8.2 subdivision concerning "Tire Recapping Shop" and all other ordinances or parts of ordinances in conflict therewith are hereby repealed. Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas, that a new industry proposes to locate in the City and this amendment is immediately necessary in the interest of uniform regulation and orderly growth, development and expansion of the City of West Memphis and is in the interest of the health, safety, and welfare of the inhabitants of said City, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval as required by law. i~ i~ i~ i~ n i~ i~ n Attorney Pal Rainey on behalf of Collins Foods dba Waffle House requested Ordinance No. 828 be amended to increase distance from ~~~nterstate Highway within which signs 80 feet in height may be erected, and the ordinance be passed with Emergency Clause due to plans for opening of Waffle House. Mr. Rainey introduced Mr. Bob Lawhorn, a representative of Collins Foods. After consideration of height of signs, attracting business from traffic on Interstate Highways, type of sign, recommendation of the Planning Commission, operation of the Waffle House as to hours and employees, Alderman Bentley introduced an ordinance entitled "A,n Ordinance Amending Ordinance No. 828 To Increase Distance From Interstate Highway Within Which Signs 80 Feet In Height May Be Erected", and the Deputy City J~ttorney read the ordinance in full. Alderman Cosgrove, seconded by Alderman Dickerson, 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, 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 Deputy City Attorney. Alderman Hightower, seconded by Alderman Horton 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: Hightower, Horton, King, Morris, Bentley, Cosgrove, Lickerson, and Harms . 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 Deputy City Attorney. Alderman Morris, seconded by Alderman Harris, 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: ~,_ ~ l„J Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. Tdo : None . Alderman King, seconded by Alderman Bentley, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, 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 Jerk and impressed with the seal of the City. The ordinance was given No. 872. The ordinance read as follows: ORDINANCE N0. 872 An Ordinance amending Ordinance 828 to increase distance from Interstate Highway within which signs 80 feet in height may be erected. BE IT ORDAINED BY THE CITY COUPICIL OF WEST MEMPHIS, ARKANSAS: Section 1; ~ 9.2133 of "Zoning Code for the City of West Memphis, Arkansas. A code 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 Plan; regulating the location, height, bulk, number 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 ~~Test 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 throughout 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 800 feet of the Interstate Highway right of way't 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 with 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 full force and effect from the time of its passage and approval . Alderman Harris reported the Sanitation Committee had awarded the following bids: Front Loading Packer Body Hawkins Equipment $16,323.00 Cab & Chassis for Packer Body ti~hite Trucks 29,685.00 Cab & Chassis with „Dump Body Gibson Ford $12,511.6 hydraulic Trash Loader Tri-State Equipment 11,207.00 3 Cabs and Chassis for Rear Loader Garbage Trucks Gibson Ford $51, 73~..1~9 Total Cost $1.8,590.33 Including 3 Packer Units Previously Approved from Scruggs l~~ City Engineer Brawley reported the Street Committee had recommended to the Axkansas Highway Department the bid of McRaney Enterprises $16,597.48 be accepted for sign materials . Alderman Horton, Chairman of the Police Commission, reported two Police Cars No. 25 and 26 are beyond repair and moved that permission be granted to auction the two units as salvage. The motion was seconded by Alderman Harris. Upon vote, the voting was as follows: L Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. Alderman Horton advised the Detective Division has one car in operation, and two new cars are urgently needed, and moved that permission be granted to advertise for two new cars and puzehase from Revenue Sharing. The motion was seconded by Alderman Morris. During discussion as to size of engines, purchasing at this time, and Revenue Sharing Funds being designated the motion was withdrawn. Thereupon, Alderman Horton, seconded by Alderman Morris, moved that permission be granted to advertise for bids for two units for Detective Division of the Police Department. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No : None . Alderman Bentley, Chairman of the Utility Committee, reported the boom truck of the department is in~~need of repair, and after inquiry it had been ascertained Utility Equipment Co. of Oklahoma City could make the repairs cost of X3,550.00; another company could also make the repairs but would be 3 to 6 months before the work could be done. Motion was made by Alderman Bentley, seconded by Alderman Dickerson that waive bids to repair the boom truck and Utility Equipment Co. do the work. After discussion with Joryn Smith as to truck being out of service three weeks, vote on the motion was as follows: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. Alderman Bentley requested permission to advertise for bids for transformers for tennis courts, and moved that give Utility Department permission to advertise for bids for transformers. The motion was seconded by Alderman Harris. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, King, Morris, Bentley, Cosgrove, Dickerson, and Harris. No : None . Alderman Bentley announced the City Hall Building Committee will be November 17th at ~.;00 p.m. Appreciation was expressed to the Utility Department for lights at the parking lot. Alderman Dickerson, seconded by Alderman Morris, moved for a five minute recess. Upon vote, the voting was as follows: Aye; ~!.ldermen: Hightower, Horton, King, Morris, Bentley, ~osgrove, Dickerson, and Harris. No: None. RECESS i ~. ~ ~ Mayor Ferguson called the meeting to order, Alderman King and Deputy City Attorney Montgomery were not present. Mayor Ferguson announced Mr. Charles Spradlin and Mr. Robert Towers of Spradlin Communications Research, Pikeville, Kentucky, were present to present a pre proposal for cable communications. Mr. Spradlin presented information on franchise fees, exclusive and non-exclusive franchise, pole rental fees, domination by TV stations in Memphis, Grade A and B Contours, local interest in Arkansas news, waiver of procedure from Federal Communications Association in Washington, D. C y channels available, regional system involving local cities, performance bond, burglar alarm system, tornado warning system, monthly subscription charges $6.00 to $7.00, projected revenue, average household income, and obtaining certificate of compliance. Alderman Dickerson, seconded by Alderman Cosgrove, moved that turn over to the Cable Communications Committee for recommendation back to the Council. Upon vote, the voting was as follows: 1~ye; Aldermen; Hightower, Horton, Morris, Bentley, Cosgrove, Dickerson, and Harris . No: None. Alderman Horton, Chairman of the Committee, advised he would notify members of Committee and Aldermen elect of date for Committee meeting. The Mayor made the following announcements: Arkansas Municipal League reservations to be made by Aldermen attending ,after meeting. Check From Southland for 2/3 Breakage received in amount of $120,188.02 Check from Midsouth Foundry in amount of $2,000.00 received in lieu of taxes. Personnel Manual sent to the printers. better from Public 1rlorks nployment Act Department received that City's applications had been received and a number will be signed to the projects. Newly elected officials requested to be in Mayor's office for few minutes after the meeting. 3: ;; ;~;: Alderman Dickerson brought to the Councils attention the Fire (~I~.ef had checked over the bids received and due to urgency of opening the new fire station action is needed. Thereupon, Alderman Horton, seconded by Alderman Morris, moved to turn over to the Fire Commission to award bid to the lc~~rest and best bidder. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Morris, Bentley, Cosgrove, Dickerson, and Harris . No: None. Alderman Dickerson, seconded by Alderman Morris, moved to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Morris, Bentley, Cosgrove, Dickerson, and Harris. No: None. ATTE CITY MAYOR APPROVED: NOVEMBER 18, 19?6