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June 1, 19729 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 1ST DAY OF JUNE, 1972, The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1x30 o'clock p,m. on the 1st day of June, 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: Pritchard Horton, C. D. Hutcherson, M. P. Scott, R. L. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley; and City Attorney R. E. Wallin, Absent: Aldermen W. L. Harris and J. E. Hightower. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on May 18, 1972, were approved as read. Aldermen Harris and Hightower made delayed appearances. Alderman Hutcherson, Chairman of the Committee to canvas the gas, oil, grease, kerosene, and diesel fuel .bids, stated the bids had been reviewed and of ter considering items, payment of license, providing tanks awarded the bid to Humble Oil Company. Alderman Dickerson, Chairman of the Committee to study the truck bids, announced the bid had been awarded to Chalmers Bruick. Alderman Smith, Chairman of the Street Committee, announced the Committee will meet at 4 PM Thursday, June 8th; also an out-of -town engineer would be considered for employment to survey the property line disputed by Mrs. Bobbie I~iaa~s. The question as to whether there was a discrepancy in the reports of the engineers employed by Mrs. Rhodes and the City's engineers, and the employment of an out-of-town engineer were discussed; thereupon, motion was made by Alderman Horton, seconded by Alderman Grimsley: That the decision to employ an engineer to survey the Bobbie Rhodes property line be revoked. Upon vote, the voting was as follows: Aqe: Aldermen; Horton, Hutcherson, Scott, Dabbs, Dickerson, Grimsley No: Aldermens Harris, Smith, Hightower, and Bentley. The motion carried. Mayor Rodgers informed the Council the City Beautiful Commission had recommended the appointment of the following members: Ward 1 Mrs. Jim Spradling, 820 S. Roselawn Ward 2 Mrs . Bill Morrow, 215 S . 8th Ward 3 Mrs. Cecil Williams, 1105 Rich Road Ward 4 Mrs. Wapne Bartoush, 1600 S. McAuley Ward 5 Mrs. James B. Drapier, 2759 Elm Cove Motion was made by Alderman Dabbs, seconded by Alderman Grimsley: That appointments to City Beautiful Commission be approved as recommended. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. No s None . C~ The Mayor brought to the Council's attention recertification of the Workable Program has been delayed due to plumbing requirements, and City Engineer Wallin has prepared an ordinance for consideration. Alderman Dabbs introduced an ordinance entitled "An Ordinance For The Adoption By Reference Of The Arkansas State Plumbing Code, Fifth Addition, Which Code Regulates The Installation, Alteration, And Maintenance Of All Plumbing Within The City Of West Memphis; Providing A Penalty For Violation Of Said Code; Repealing All Ordinances In Conflict With Said Code; Declaring An Emergency And For Other Purposes" 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 secand reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. 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 suspended and that the ordinance be placed on i is third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, ~ Dickerson, Grimsley, Harris, and Hightower. 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 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: A1de~en: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower, No : None . Alderman Grimsley, seconded by Alderman Hutcherson, moved that Section 5, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. 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. 729. The ordinance read as follows: ORDINANCE N0. 729 I ~`~ AN ORDINANCE FOR THE ADOPTION BY REFERENCE OF THE ARKANSAS STATE PLUMBING CODE, FIFTH ADDITION, WHICH CODE REGULATES THE INSTALLATI(~t, A,LTERATIt~1, AND MAINTENANCE OF ALL PLI~iBING WITHIN THE CITY OF WEST MEMPHIS; PROVIDING A PENALTY FOR VIOLATION OF SAID CODE; REPEALING ALL ORDINANCES IN CC~IFLICT WITH SAID CODE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of regulating the installation, alteration and maintenance of all plumbing within the City of West Memphis, the Arkansas State Plumbing Code, Fifth Addition, of which not less than three copies shall be filed in the office of the Clerk of the City of West Memphis, Arkansas, and the same is hereby adopted and incorporated as fully as if set out at length herein, the provisions thereof shall be controlling within the City Limits of the City of West Memphis, Arkansas. Section 2. The City Inspector shall have the authority Co make inspections and require compliance with said Code. Section_3. It shall be unlawful for any person, corporation, partnership, firm, assocation, or other entity to violate any provisions of this Ordinance, and upon conviction thereof, a fine of not to exceed $25.00 for any one specified offense or violation of such Ordinance may be assessed, or double that sum for each repetition of such offense or violation. If a thing prohibited or rendered unlawful is, in its nature, continuous in its respect to time the fine or penalty for allowing the continuance thereof, in violation of this Ordinance shall not exceed $15.00 for each day that the same may be unlawfully continued. Section 4. A11 other Ordinance in conflict herewith are hereby repealed. Section__5. It being determined by the City Council of the City of West Memphis, that this Ordinance is immediately ~ necessary for the participation by the City in certain Federal Programs and, in the uniforaa control of plumbing within said City, and the health, 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 and approval as provided by law. ***** Permission granted for 90 days on December 16, 1971, for Mrs. Elton Holland, 1106 Cherry Lane to have a trailer in her yard, and permission for P. J. Powers to park a trailer until April 1, 1972, were brought to the Council's attention. Mr. Bill Cooper of the Building Inspector's Office informed the Council no trailer was found in the 1100 block of Cherry Lane, however, the Powers trailer is still parked. After discussion, motion was made by Alderman Grimsley, seconded by Alderman Harris: That P. J. Powers be granted 30 days to remove the trailer. Upon vote, the voting was as follows: Aye; Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. No: None. Mrs. James Sullivan, 800 Wilson Road and Mrs. Akin Bynum, 720 Wilson, presented complaints as to dangerous situation caused by the riding of mini-bikes, motor scooters, etc. in the unnamed street between 14th Street and Wilson; also the standing of water and throwing of junk in the area. Hearings on the closing of the street had been held in August and September of 1971, but agreement as to co~truction of eix foot sidewalk by the property owners could not be reached. After discussion, Mayor Rodgers appointed a committee of Aldermen Dickerson and Horton of Ward 4 to study the matter and make recommendation to the Council. Mr. Eddie Brawley of the Engineer's Office informed the Council of high accident rate on Missouri and Broadway, and of meeting with the Arkansas Highway Department to discuss left turn lanes and parking in certain locations. No further business being presented, the meeting was adjourned. ,. ~---- ~ ~ ~' MAYOR ATTEST : ~~" _ .__._ CITY RK APPROVED: