Loading...
January 6, 1972,~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 6TH DAY OF JANUARY, 1972. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Hd.l in said City at 1:30 o'clock p.m. on the 6th day of January, 1972. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the chair, and the following named Aldermen: D. M. Grimsley, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, M. P. Scott, R. L. Smith, R. T. Bentley, W. R. Dabbs, and Thomas Dickerson; and City Attorney R. E. Wallin. Absent: Alderman W. L. Harris. It being determined a quorum was present, the following proceedings were had to wit Minutes of Council Meeting on December 16, 1971, were approved as read. Alderman Scott, Chairman of the Committee, to canvass the car bids announced the low bidder was A. J. Thomas, Inc.; however, due to a one inch difference in wheelbase of a Plymouth and the wheelbase designated in the specifications, the bid had been awarded to the next bidder Ryan Chevrolet due to the City Attorney's opinion that a bid must meets specifications. Alderman Bentley, Chairman of the Committee to study the Butane Gas Bids, reported problem of bids meeting specifications inasmuch as Warden Butane Gas Company, the low bidder, made no provision to lease tanks and the Committee had ascertained would be cheaper to lease tanks than purchase and had awarded bid to Sun Ray DX. Mayor Rodgers appointed Eddie Brawley, Assistant City Engineer, a member of the Street Committee. Appointments by the Mayor to the Fire and Police Commissions were as follows Fire Commission - Alderman Bentley, Temporary Chairman, Aldermen Smith, Grimsley, Dickerson, and Hightower Police Commission - Alderman Scott, Temporary Chairman, Aldermen Dabbs, Hutcherson, Horton, and Harris. A resolution approving Application for Workable Program Recertification and authorizing the Mayor to submit the application was read by City Attorney Wallin. A~k~tion was made by Alderman Hutcherson, seconded by Alderman Grimsley: That the Resolution as read be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No: None. The Resolution read as follows: e~ RESOLUTION N0. l~28 RESOLUTION OF CITY COUNCIL APPROVING SUBMISSION OF A WORKABLE PROGRAM FOR COMMUNITY IMPROVEMENT FOR THE CITY OF WEST MEMPHIS, DECEMBER, 1971. WHEREAS, it is recognized that the Workable Program for Community Improvement provides a sound basis for planning and programming public facilities, improvements and services in accordance with community needs; and WHEREAS it is recognized that the Workable Program for Community Improvement provides environment conducive to the expansion and growth of employment, commerce, and industry; and WHEREAS it is recognized that the Workable Program for Community Improvement provides a sound foundation for efforts designed to improve living conditions, expand opportunities for housing for low and moderate-income families, and eliminate slums and blighting conditicxs; and WHEREAS it is determined that West Memphis has made significant progress under its Workable Program for Community Improvement during recent years; and WHEREAS it is determined to be desirable and in the best interest of the community to extent its Workable Program for Community Improvement for another certification period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS 1. That the Application for Workable Program Recertification dated December, 1971, is in all respects approved and that the Mayor be and hereby is, authorized to submit the Application to the Area Director, Little Rock Area Office of the Department of Housing and Urban Development. 2. That this resolution shall take effect immediately. 3s~~,~- Mayor Rodgers informed the Council a meeting with the Arkansas Highway Commission had been arranged for January 2bth to .discuss operating certain sections of the service roads as one way roads, and as the meeting had been limited to fifteen minutes a resolution stating pertinent information on the matter had been prepared. The resolution was read by City Attorney Wallin. Motion was made by Alderman Scott, seconded by Alderman Bentley: That the Resolution to be presented to the Highway Commission be adopted. Upon vote, the voting was as follows Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No : None. The resolution read as follows: RESOLUTION N0. l~2 9 ~i~f~~RF,t~ Representatives of the Arkansas Highway Department have informed officials of the City of West Memphis of plans to operate a certain section of the sough service or frontage road along Interstate ?~0-55 as one way east- bound and the same section of the north service road as one-way westbound, said sections extending eastward from Missouri Street to Club Road a distance of approximately 3 miles; and WHEREAS: The one way operation of the said sections of roadway will be detrimental to adjacent local businesses and will result in lower property values in the adjacent residential areas due to the forced use of local streets by traffic desiring to use the service roads; and ~~ WHEREAS: The proposed will be ext-remely restrictive to fire and other emergency service and will, therefore, result in a very hazardous situation for local interests; and WHEREAS; Such one way operation will not be compatible with the West Memphis Transportation Plan and will actually result in an overall decrease rather than an increase in the overall traffic safety of the local area; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WEST MEMPHIS: That the Arkansas Highway Commission be encouraged to take all necessary steps to insure that the said sections of the north and south service roads along Interstate l~0-55 be maintained as two way operations. Mayor Rodgers brought to the Council's attention updating of City Codes required by the Workable Program, and that the following ordinances had been prepared for consideration of the Council: An ordinance entitled "An Ordinance To Amend Ordinance No. 532 Of The City Of West Memphis, Arkansas; Declaring An Emergency, And For Other Purposes" was introduced by Alderman Dabbs, and the City Attorney read the ordinance in full. Alderman Hightower, seconded by Alderman Scott, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson 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 Horton, seconded by Alderman Dickerson then moved that the rule requiring the reading of an ordinance in full on three different days be further buspended 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson 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 Bentley, seconded by Alderman Grimsley, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No : None . Alderman Hutcherson, seconded by Alderman Smith, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson 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. 708. The ordinance read as follows: ORDINANCE N0. 708 AN ORDINANCE TO AMEND ORDINANCE N0. 532 OF THE CITY OF WEST MEMPHIS, ARKANSAS; DECLARING AN EI~iERGENCY, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 1 of Ordinance No. 532, amending Section 1 of Ordinance ~l5 of the City of West Memphis, Arkansas, is hereby amended to read as follows: "Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of establishing rules and regulations governing the proper construc- tion, installation and inspection of plumbing and drainage, the Arkansas Plumbing Code, Fifth Edition, of which not less than t~aree copies shall be filed in the office of the Clerk of the City of West Memphis, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained within the city limits of the City of West Memphis " Section 2. All other provisions contained in Ordinance No. 532 shall remain in full force and effect except as herein specifically amended. Section 3. This Ordinance being necessary for the safety and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage as provided by law. An ordinance entitled "Axl Ordinance To Amend Ordinance 530 Of The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and read in full by City Attorney Wallin. Alderman Hutcherson, seconded by Alderman Grimsley, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson 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 an+d the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Bentley, seconded by Alderman Dickerson then moved that the rule requiring the reading of an ordinance z.n full on three different days be further suspended and that the ordinance be placed on its third reading. The I~Sayor put the gL~estion on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No : None . ~~ ~ Alderman Horton, seconded by Alderman Scott, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No : None. Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson ~?o : 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. 709• The ordinance read as follows: ORDINANCE N0. 709 AN ORDINANCE TO AMEND ORDINANCE 530 OF THE CITY OF WEST MEN.~'HIS, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ti~TEST r1EMMPHB, ARKANSAS: Section 1. Section 1 of Ordinance No. 530 of the City of West Memphis, Arkansas is hereby amended to read as follows: "Section 1. There is hereby adopted by the City of West Memphis, Arkansas, pursuant to Act No. 267 of the Acts of the General Assembly of Arkansas of 19t~9, for the purpose of establishing rules and regulations governing the use of electricity for light, heat, power, radio signaling and for other purposes, the National Electric Code, 1968 Edition, of which not less than three (3) copies shall be filed in the office of the Clerk of the City of West l~lemphis, Arkansas and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the city limits of the City of West Memphis, Arkansas." Section 2: All other provisions cozfa.ined in Ordinance No. 530 shall remain in full force and effect except as herein specifically amended. Section 3: This Ordinance being necessary for the safety and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage as provided by law. An ordinance entitled "An Ordinance To Amend Ordinance No. 529 0f The City Of West Memphis; Declaring An Emergency And For Other Purposes'' was introduced by Alderman Dabbs, and the City Attorney read the ordinance in full. Alderman Hightower, seconded by Alderman Scott, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson 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. ~~-~~p ~ L~4 Alderman Horton, seconded by Alderman Dickerson 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No : None . The T~~ayor 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 Bentley, seconded by Alderman Grimsley, 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: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs , and Dickerson No : None . Alderman Hutcherson, seconded by Alderman Smith, moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs , and Diclerson 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. 710. The ordinance read as follows: ORDINANCE N0. 710 AN ORDINANCE TO AT~ND ORDINANCE N0. 529 OF THE CITY OF ~G~lEST 1~~9PHIS; DECLARING AN EI~4ERGENCY AND FOR OTHER PURPC~S. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 1 of Ordinance No. 529 of the City of West Memphis, Arkansas is hereby amended to read as follows: "Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of providing fire prevention and protection in connection with hazaxdous materials and processes the American Insurance Association Fire Prevention Code, 1970 Edition, of which not less than three C3 } copies have been filed in the office of the City Clerk of the City of West Memphis, the same is hereby adopted and incorporated as fully as if set out herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of West Memphis." Section 2. All other provisions contained in Ordinance X29 shall remain in full force and effect except as herein specifically amended. Section 3. This Ordinance being necessary for the safety and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from: and after its passage as provided by law. Mr. Currie, operator of E-Z Food Store, 2310 Broadway requested permission to place a 14 ft. camper at the store to be used when weather is bad for driving back and forth to his home at Wynne, Arkansas. Building Inspector Perrine stated he had no authority to issue the permit. After discussion, motion was made by Alderman Smith, seconded by Alderman Scott: Application for camper at 2310 Broadway be denied. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson No: None. Alderman Grimsley abstained from voting. City Engineer Hampton reported a dangerous situation exists due to school children crossing Missouri Avenue at Barton. After discussion of sidewalks and safety precautions at Cooper Street, adopting a safe-route plan, parents and school responsabilities, Assistant City Engineer Brawley was requested to contact School Superintena~Schultz advising the City recommends pubils take advantage of safety facilities offered. Mayor Rodgers announced a Budget Meeting at 5 PM Tuesday, January 11th, the Utility Budget will be discussed also. Alderman Horton requested the Arkansas Highway Department be contacted as to repainting lines on N. Missouri and erecting caution signs. Alderman Bentley brought to the Council's attention aba®loned refrigerators in the City. After discussion, the Mayor was requested to instruct Carl Neal to notify people to remove doors from ice boxes or refrigerators when found outside residents or places of business. Chairmen Grimsley and Horton expressed appreciation to members of the Fire and Police Commissions for their cooperation. Alderman Smith presented information on State Statutes pertaining to requirements for developers providing park areas. City Attorney Wallin advised an opinion had been requested from the Attorney General. Mayor Rodgers commented on the death of Mr. Carlos Davis, Director of Eugene Woods Civic Center, and stated Alderman Hutcherson is temporarily working at the Civic Center. Motion was made by Alderman Scott, seconded by Alderman Grimsley: That the City Attorney be requested to prepare Resolution of Commendation for Carlos Davis . No further business being presented, the meeting was ad,~ourned. c~ ' ATTES CITY CLE ~~ MAYOR APPROVED: JANUARY 20, 1972