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December 2, 1976~ ~~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF irETEST MEMPHIS, ARKANSAS, HAD AND HELD ON DECEMBER 2, 1976. The City Council of the City of ti°Test Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1;30 o'clock p.m. on the 2nd day of December, 1976. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: J. C. King, Doug Morris, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, and Pritchard Horton, and City Attorney Smith. Absent: None. The meeting was opened with prayer by Rev. Ben Hines, Minister of First Methodist Church. It being determined a quorum was present, the following proceedings were had to-wit; Alderman Grimsley, seconded by Alderman Dickerson, moved that minutes of previous meeting included in the packet be approved. Upon vote, the voting was as follows: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and fiorton. No ; ~TOne . Alderman Bentley, seconded by Alderman King, moved that consider ordinance N0. 3 as first item of business on the agenda. Upon roll call vote, the voting was as follows Aye: Aldermen; King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Bentley introduced an ordinance entitled '~An Ordinance To Re-Appoint Leo Chitman To An Unexpired Term On The Civil Service Commission, Declaring An Emergency And For Other Purposes« and the 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; King, Morris, Rodgers, Bentley, Cosgrove, 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 carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman King, seconded by Alderman Hightower, 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: Alderman: King, Morris, Rodgers, Bentley, Cosgrove, 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. 1 '14 Alderman Morris, seconded by Alderman Harris, moved that the ordinance be adopted. wring discussion on the inotia~.. ~Al~er~'an. ~~dg~r~s~ ad~rised ~e ~, ~a~g_ to vate ~fo~*_' ;fie ~.otioiz as "elf ~r~,s~ whit the leadership of the City wants but personally felt was a mistake, path of least resistance, and less expensive for the City; and as retiring will try to create peace and harmony for the future administration. Aldermen King, Cosgrove, Horton, and Morris voiced their opinions in concurrence with Alderman Rodgers. Alderman Bentley elabor~ d on sacrifices being made by some of the Alderm8n and their interest in the City first and themselves second. Roll call vote on the motion was as follows : Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None . Alderman Bentley, seconded by Alderman King, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. 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 . 87~., and read as follows : ORDIlVANCE N0. 8 7J~ AN ORDINAI~TCE TO RE-APPOINT LEO CHITMAN TO AN UNEXPIRED TERM ON THE CIVIL SERVICE COMMISSION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARFiANSAS: Section 1. Mr. Leo Chitman is hereby re-appointed to the West Nlemphis Civil Service Commission to full fill his original app ointment to expire on the first Monday in April, after the fourth (~.th) year of serv~.ce on said Civil Service Commission, being the first Monday in April, 1980. :Section 2. ~n.er~ency Clause. It being found and determined by the City Council of the City of West Memphis, Arkansas that the work of the Civil Service Commission is increasing and that there is need for all five C5} members to function properly, an emergency is declared to exi~rt and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of the City of West Memphis, Arkansas, shall be in full force and effect from and after its approval. Recommendation of the Planning Commission that Ordinance No. 715 be amended to increase gross area of signs was presented. Attorney Pal Rainey on behalf of the Waffle House informed Council of necessity for the larger sign for customers from the Interstate Highway, Board of Adjustment not being rnpowered to make modifications, and emergency involved. The Mayor advised a letter had been received from the City Beautiful Commission pertaining to the matter and copy sent to the aldermen . Alderman Grimsley, seconded by Alderman Horton, moved that consider ordinance amending Ordinance No. 715 with emergency clause. Upon vote, the voting was as follows : Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None . .Alderman Grimsley introduced an ordinance entitled ~~An Ordinance amending Ordinance 715 to increase the gross area of a sign or sign structure, including framing but excluding supports~~, and the City l~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: King, Morris, Rodgers, Bentley, Cosgrove, 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 carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Hightower, seconded by Alderman Rodgers, 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: King, Morris, Rodgers, Bentley, Cosgrove, 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 King, seconded by Alderman Horton, moved that the ordinance be adopted. Upon request of Alderman Rodgers, Richard Massie, Planning Consultant for the City, explained he had no professional standards available with respect to height, size, and number of signs and is usually the choice of the citizens of a city; also reviewed action of the Planning Commission in the matter. After discussion, the question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: King, Morris, Bentleur, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. Ido: Alderman: Rodgers. Alderman Cosgrove, seconded by Alderman ping, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Alive: Aldermen: King, Morris, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: Alderman: Rodgers. The I~Zayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which wss attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 875 and read as follows: ORDINANCE N0. 875 AN ORDINANCE AMENDING ORDINANCE 715 TO INCREASE THE GROSS AREA OF A SIGN OR SIGN STRUCTURE, INCLUDING FRAMING BUT EXCLUDITvG SUPPORTS. Be it ordained by the City Council of West Memphis, Arkansas: Section l: ~ 9.2132 of "Zoning Code for the City of Truest Memphis, Arkansas. A code in pursuance of the authority granted by the Legislature of the State of Arkansas in Act 186 of 195?, 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 '4~Jest 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 gross area of a sign or sign structure, including framing but excluding supports, shall not exceed 200 square ., ~_ feet, with the exception that signs within 800 feet of the Interstate Highway right-of-tiTay which are over 35 feet in height shall not exceed 500 square feet.~~ ~~ 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 T°Iest 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 from the time of its passage and approval. Alderman Horton requested letter from City Beautiful Commission be read. The City Attorney read the following letter: December 2, 1976 Mayor Joyce Ferguson and City Council ?~Je s t Memphis , AR Dear Mayor and Council members: The CITY BEAUTIFUL COMMISSION would like to protest the manner in which the ordinance regulating the size of signs is changed every time a new industry comes to tDwn. At this rate Missouri Street will soon look like Broadway. Broadway looks so bad that we have been trying to talk the merchants into cooperating on uniformity of signs. However, if this trend continues we might as well give up the whole thing. It is frustrating for a group of women to give of their time and energies purely trirough civic pride to feel that their efforts are wasted. We do feel we are being thwarted at every turn in our long range plans to beautify our city. Very truly yours, CITY BEAUTIFUL COMMISSION OF WEST MEMPHIS /S/ MAI M . Mc CAMhiON Corresponding Secretary. ............ Recommendation of the Planning Commission reaffirming their recommendation that the Comprehensive Plan be amended was presented. City Attorney Smith read a resolution for consideration. Alderman King, seconded by Alderman Grimsley, moved that the resolution be adopted. The Council was informed Mrs. Floyd Graham and Mr. John Criner, who had protested the rezoning on November t~, 19?6, had not appeared at the second planning Commission hearing. After discussion with Attorney Ralph Sloan on behalf of the applicant, Richard Massie, and Planning Commissioners Wooden and spencer as to zoning, location of property, industrial classification, mini warehouses, and recommendation that some other type of courtesy notification beside legal notice in newspaper be offered the citizens when application is filed for rezoning. The question was put by the Mayor on the adoption of the motion that the resolution be adopted, and the roll being called, the following voted: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. The resolution read as follows: X77 RESOLUTIOP? 1~T0. 570 At the meeting of the West Memphis Planning Commission on October 26, 1976, the Planning Commission adopted unanimously, a resolution recommending that the West Memphis Comprehensive Plan be amended 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, and after discussion it was recommended that the resolution of the Planning Commission be approved. On November 1~, 1976, the resolution was presented to the West Memphis City Council, and after an appearance and discussion by the Council, the matter was referred back to the West Memphis Planning Commission, and on November 2~., 1976, at its regular meeting, the West Merriphis Planning Commission reaffirmed its action of October 26, 1976, recommending that the West Memphis Comprehensive Plan be amended as requested. NOW THEREFORE, BE IT RESOLVED That the T~~rest P~Iemphis Comprehensive Development Plan be amended with respect to the use of that portion of land designated far apartments, lying South of Interstate 55, North of U. S. Highway 70, and East of Club Road, to show the use thereof as industrial instead of for apartments. An ordinance to rezone a tract of land adjacent to and east of Pancho's was presented for consideration in accordance with recommendation of the Planning Commission. The ordinance entitled ++An Ordinance To Rezone A Tact Of Land In The Southeast 4 of Section 9, Township 6 North, Range 9 East, was read by the City Attorney. .Alderman Grimsley%, seconded by Alderman King, moved that adopt ordinance on first reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Icing, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. P~3o : F~Ione . Recomsnendatiori of the Planning Commission to approve Prelimlinary and Final Plats of Westwood School Lot was considered. Aldermlan Bentley, seconded by Alderman King, moved that approve Preliminary Plat of Westwood School Lot subject to Fx~.gineer's approval of contract. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Bentley, seconded by Alderman Morris, moved that approve Final Plat of Westwood School Lot subject to ~gineer's approval of contract. After discussion of responsibility of developer to extend the street, and water and sewer being available, the roll call vote on the motion was as follows: Aye: Aldermen: King, T~iorris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. Tdo : None . Alderman Bentley, Chairman of the Budget Committee, presented the following recommendations: Anti-recession Title 2 moneys be applied to salary increases of City employees beginning 1977. Alderman Bentley, seconded by Alde } Grimsley, moved that allocate anti-recessiona,~r money to salary for city employee 'After discussion of the amount $96,008.00, vote on the motion was as follows: Aye: Aldermen: King, Morris, Rodgers, Bentle~T, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No : T1one . ~'7 ~ Recommendation of the Fire Commission and Budget Committee that firemen's salaries be adjusted equal to rank comparable to Police Department. Alderman Bentley, seconded by Alderman Dickerson, moved that firemen's salaries be made equal to Police Department by rank. After consideration of the amount involved being X59,000.00, vote on the motion was as follows: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Transfer from General Administration Account to 11.01 salary account $1,350.00 for part time personnel for a housing survey related to up cnming Community Development Program. Alderman Bentley, seconded by Alderman Rodgers, moved that transfer from General Administration Account $1,350.00 to 11.01 salary account to take care of housing survey. Upon vote, the voting was as follows; Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. Alderman Bentley, Chairman of the Utility Committee, presented recommendation of the Committee to request permission to advertise for bids for 80 meters and 80 meter sockets for Mayfair 2 Apartment complex that has been approved by FHA to have individual meters per unit. After consideration, Alderman Bentley, seconded by Alderman Grimsley, moved that advertise for bids for 80 meters and 80 meter sockets . Upon vote, the voting was as follows: Aye: ,^ldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No: None. An ordinance entitled "An Ordinance To Amend Section Two (2} Of Ordinance i3o. 372, And To Allow Dance House Business Within Certain Areas Of The City Of ~~Je st Memphis, Arkansas« was read the second time by City Attorney Smith. Alderman King, seconded by Alderman Grimsley, moved to approve second reading of the ordinance. After discussion of public nuisance and requirements for private clubs, the Mayor put the question on the adoption of the motion and the roll being called the following voted; Aye: .Aldermen: King, Morris, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None . Alderman Rogers was not present for voting. A resolution authorizing filing of Community Development Application, approving plans, making certain assurances to Department of Housing and Urban Development, and authorizing Mayor to certify contents of the resolution was presented for consideration, copy of resolution included in Council packet. Alderman Bentley, seconded by Alderman Morris moved tbet Copt the resolution. Jay Woods and aZichaw~d Massie discussed with the Aldermen funds of X913,000.00, purchase of property on S. 25th Street for a future boy's club, number of employees, and construction of streets included in the program. The Mayor put the question on the motion to adopt the resolution, and the roll being called the following voted: Atye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. No : TJone . Alderman Harris abstained from voting. The resolution read as follows: ('See Page 180 In Copying on Machine Pages Transposed) ~_ ~~ :l 4. Teat the Department of Housing and Urban development is hereby assured that by the time the City has filed the App1i- cation_pursuant to this resolution the,City will have complied with the regulations, policies, guidelines and requirements of 4MB Circular No. A-9S. 5. That .the Department of Housing ar~d Urban Development is hereby assured that the City will comply with the requirements. of Section 570.300 (b) of not~.fying the general gublzc through publi-- cation of a legal notice that the Application has been filed with HUD and that persons may challenge the consistency of facts and assurances contained. in said Application. 6. That the Department of Housing and Urban Develhpthet is hereby assured that the City will continue to comply wit regulations, policies, guidelines and requirements of Federal .Management -C~crcular -?-4~4~ -and 74-7; as they -relate .toderallgplica- - - tion, acceptance and use of Federal funds for the fe y assisted Community Development Program. 7. That the City of West Memphis possesses legal authority to apply for the grant and to execute the proposed program ag~ree- m~nt, and that the Mayor is hereby authorized to file .the Applica- tion, including all understandings and assurances contained therein and that the Mayor is hereby designated as the authorized representative of the City to act in connection with the Applica--d tion and to provide such additional information as may be require . 8. .That prior to submission of its Application, the City has: {i) ...provided citizens with adequate information concern- ing the amount of .funds available for proposed com- a munity development and housing activities, the range of activities that may be undertaken, and other .important program requirements; (ii) held at least .two public hearings to obtain the views of citizens~on community development and housing needs; and (iii) provided citizens an adequate opportunity to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise to participate in the development of the Application.. 9. That the Mayor: (i) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such .Act apply to the applicant's proposed program pursuant to 24 CFR 570.603; and --2- ~~n i; RESOLUTION NO. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AUTHORIZING FILING OF COMMUNITY DEVELOPMENT APPLICATION; APPROVING PLANS, .MAKING CERTAIN ASSURANCES TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AID AUTHORIZING MAYOR TO CERTIFY CONTENT`S OF THIS .RESOLUTION. WHEREAS, the City of West Memphis, Arkansas- is desirous of continuing in the undertaking of a variety of community improve- ment activities with funds available under the provisions of Title I of the Housing and Community Development Act of 19?4, Public Law 93-383; and has prepared for this purpose a Community Development Program Application containing a three-year Community Development Plan, a Third Year Program and Budget, a revised Housing Assistance Plan, and Environmental Impact Assessments pertaining to the requested projects and activities; and WHEREAS on the basis of the City Council`s review of the materials related to the Third Year Community Development Program Application, and in light of its desire to undertake Community Development Program activities and projects, the City Council hereby determines that the public interest will be served by making the findings., determinations, approvals,-and authorizations contained herein. NUW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, A~SAS: 1. . _That_.the ..Application for Federal assistance on Standard Form 424, dated December 2, 1976; the Community Development Program on Form HUD-7015.1; and the Community Development Budget on Form ~7UD-7015.5, accompanying said Application are hereby approved and the Mayor is authorized to file said .forms and related pagers and forms with the Department of Housing and Urban Development. 2. That the Community Development Plan Amendment No. 3, dated December 2, 1976, and the revised Housing Assistance Plan are hereby in all respects approved as planning documents to guide this City's activities during the Third Year of the Community Development Program, 3. That it hereby recognizes that the Community Development Plan, as amended, and the Housing Assistance Plan shall be revised at a later date to formulate the basis for the Application for funding in the Fourth Year of the Community Development Program, and that such revisions shall be the subject of eventual review and approval of the City Council. ~~ Is authorized and consents on behalf of the apple-- til) t the ' urisdict~.on of the cant and himself , to accep ose of enforcement pf Federal courts for the purp his responsibilities as such an official. the Community Development Program has been develiped 10. That to activita.es which wil so as to give maximum feasibomepfamilies or aid in the prevention benefit low- or moderate-inc art of the or elimination of slums or blight; ,~~~eseareldesigned to meet Community Development Program activiti a articular urgency, other community development needs having p lication under the such needs are specifically described in the App Community Development Plan Summary. 1. That the City will comply with the regulations, So~~c~es, 1 uidelines and requirements of Federal Management tanceland use g and 74-7, as they relate to the application, accep of Federal funds for .this federally-assisted program. hat the City will administer and enforce. the labor - - 12. T standards requirements set forth in Section 570.605 and HUD regu lations issued to implement such requirements. he Cit will comply with all requirements unposed by 13. That t y ro ram requirement, HUD concerning special requirements of law, p g and other administrative requirements approved in accordance with Federal Management Circular 74-7. t the Cit .will comply with the provisions of Executive 14. Tha Y Order 112-96, relating to evaluation of flood hazards. 15. That the City will comply with: (i) Title VI of the .Civil Rights Act of 1964 (P • L~4$CFR52? and the regulations issued pursuant thereto Part I~, which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise.su~jefto~d to discrimination under any program or active y which the applicant receives Federal financial assistance and will immediately take any Ifaa~res necessary to effectuate this assurance. y ,real property or structure thereon is provided or improved with~the aid of Federal financiassur- assistance extended to the applicant, this once shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the forlwhichethe °r structure is used for a purpose Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. _.3. _ 1~2 (i~i) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284 as .amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair .housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services within the applicant's jurisdiction. (iii} Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR 570.601}, which provides that no person in the~United States shall, on the ground of race., color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any pro- gram or activity funded in whole or in part with Title I funds. (iv} Executive Order 11063 on equal opportunity in _- .housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (v} Executive Order 11246, and all regulations issued pursuant thereto (24 CFR Part 130), which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in .all phases of employment during -the performance of Federal or federally- assisted contracts. -Such contractors and sub- contractors shall take -affirmative action to insure fair treatment in employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff to termination, rates of pay or other forms of compensation. and. selection for - . training and apprenticeship. {vi} Section 3 of the Housing and Urban Development Act of 196$, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area and contracts for work in connection :.with the project be awarded to eligible business concerns which are located in, or owned in sub- stantial part by, persons residing in the area of - the project. - 16. That the City will: (i) In acquiring real property in connection with the Community Developmen ~ Block Grant Program, be guided to the greatest extent practicable under State law, by the real property acquisition policies _4_ ~~J set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and the provisions of Section 302 thereof: {ii} Pay or reimburse property owners for necessary expenses as specified in Section 303. and 304 of .the Act; and {.iii} Inform affected .persons of the benefits, policies, and procedures provided for under HUD regulations { 2 4 CFR Part 4 2 } . 17. That the City will: (i) Provide fair and reasonable relocation payments.. and ___ _ assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations {24 CFR Part 42}, to or .for families, individuals, partnerships, corpora- tions or associations displaced as a result of any acquisition of real property .for an activity assisted under the program; {ii} Provide relocation assistance programs offering the services described in Section 205 of the Act to such displaced families, individuals, partner- ships, corporations or associations in the manner provided under applicable HUD regulations; {iii) Assure that, within a reasonable time prior tv displacement, decent, safe, and sanitary replace- ment dwellings will be available to such displaced families and individuals in accordance with Section 205 (c) {3) of the Act, and that such housing will be available in the same range of choices to all such displaced persons regardless of their race, color, religion, national origin, sex, or source of income; {iv) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; and {v} Carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to insure that the relocation process .does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin, sex, or source of income. -5- ~.. [~ ~ -. 18. That the City will establish safeguards to prohibit - employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 19. That the City will comply with the provisions o.f the Hatch Act which limit the political activity of employees. 20. That the City will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant.. 21. That in light of the Environmental Impact Assessment made of the .various projects-.and activities, the City._Council hereby finds and determines with regard to the projects and activities listed below that the Request .for Release of Funds for them is not an action which may significantly affect the quality of human r___.. environment; that the Mayor is hereby authorized as of the date o.f this resolution to prepare the required Notice of Finding of No Significant Effect; ,and upon the expiration of a specified period for .receipt of comments, the Mayor may file with the Department of dousing and urban Development the Request for Release of Funds for the following projects and activities included in the amended Community Development Plan and the Thi ~~d Year Program:. South 17th Street improvements, Fire Truck for Station No. 4, Acquisition of land for recreation center,. and the Worthington area street and drainage improvements. 22. That based on the Environmental--Impact Assessment, the City Council hereby determines that the following activities to be under~aken during the Third Year of the Community-Development Program are exempt from the environmental review requirements: Administration and Planning and Management Development. 23. That this resolution shall take effect immediately. ~c-3c~c-s: ~.~... .. ~~~ Mayor Ferguson advised a letter had been received from the Housing Authority requesting rea oint W. A. Crenshaw to the Authority. The Mayor nominated W. A. Crenshaw, and PP requested approval. Alderman Rodgers, seconded by Alderman Morris moved that approve ' appointment of W. A. Crenshaw to the Housing Authority of West Memphis. Upon roll call vote, the voting was as follows: Aye: Aldermen; King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No ; None . Mayor Ferguson requested confirmation of appointment of Plumbing Board present members Carl Reavis, Lloyd Hightower, and Lynn Sumpter; new member Richard Simpson and the City representative Gary Pospisil, Plumbing Inspector. Alderman Grimsley, seconded by Alderman Horton, moved to approve appointment of Plumbing Board. Upon vote, the voting was as follows: Aye: Aldermen; King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. No; None. The Mayor brought to the Council's attention display of Bicentennial Pictures. The pictures are No. 113 of a limited edition of 500 received as a gift from artist Jason Williamson of Arizona. Framing was contributed by Bank of West Memphis and Bob Kyle . ~ New parade route for the Christmas Parade to be from Meadowbrook Square to Holiday Plaza Mall was announced for the parade to be held 7 P.ri. December 2, 1976. Mrs. Roberta Jackson, Alderman elect, commented on information received at the Arkansas Municipal League Meeting. Ms. ~nogene Kizer of 822 Walnut Drive, requested permission to operate a beauty shop in her home in order to be with her 85 year old mother. City Attorney Smith brought to the Council's attention zoning regulations and requests for rezoning to be presented to the Planning Commision and any permit from Council would be illegals null and void. Mr. Bob Jontz advised the Bill of Assurance for the property is on record and prohibits commercial enterprise in a residential zone. Alderman Bentley, seconded by Alderman King, moved that grant Ms. Kizer a six month permit for beauty shop in her home due to hardship. Mayor Ferguson advised the matter was not on the agenda for consideration. Thereupon, Alderman Bentley moved that place the matter on the agenda. The motion was seconded by Alderman King. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, and Morris. No: Alderman: Rodgers. (Roll call was not completed due to NO vote as unanimous vote required) Alderman Cosgrove requested City Attorney research the law pertaining to Bills of Assurance. City Attorney Smith explained procedure for injunction in Chancery Court. Rev. Z•lorman McDonald inquired as to a newspaper article pertaining to fees for rereading meters. Alderman Bentley advised tiie Utility Committee had received recommendations from a committee as to expenses involved, and the recommendations will be considered at a later date when complete the Policy of Procedure Manual. Alderman Bentley informed the Council of new proposed salary structure for City employees included in the packet to be considered at next Council meeting to be retroactive to November 1st. Alderman Horton requested City Engineer Brawley to contact railroad officials about the southside crossing on N. 7th Street. Alderman Grimsley, seconded by Alderman Rogers, moved to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: King, Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Horton. Nay : None . ~~ ~~ ATTEST ~ r1AY0R APPROVED: 186