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93 Mar 04 |�u� /�`l CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 4, 1993 i 7:00 P.M" - 7:20 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of tne City of JacksonviLle, Arkansas met in Regular Session on �arch 4, �993 at �he regu]ar meeting place of the C�urcil. Alderman Smith delivered the invoc after w�ich �ayor |ommy Swaim led the s�an�zng audience in the ''Pledge of Allegiance" to the f�aq^ ROLL CALL: Aldermen: Smith, Lewis, 3ansing, Ray, Wilson, Williamson and Keaton answered ROLL CALL. Aldermen: Knight, Fletcher and Twitty were absent. PRESENT, seven (7), ABSENT, (3). Mayor Tommy Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting� City A��or�ey �obert E. 8am�urQ, Depu�y Ci�y C�erx ��usan ��oings, Maycral A�dc �ic�ael �eemar, City Engineer Duane Ree�, Fire Chief Ric� Eze�l, Asst Folice Chief Larry Hibbs, P:blic �orks [�oordinator S�ip Spears, Finance Director naul Musnrusn, Intern from ASU Betty Anderson, Park & Rec Director Annabelle �avis, Vice Chazrman of the Planning Commission Art Brannen, other city employees, �nteres�ed citizens and me�bers of the press i PRESENTATION OF MINUTES: 1 Mayor Swaim presented the minutes of the Regular City Council Meeting of February 18, 1993 for study and action at the next Regular City Council Meeting. An addition to the minutes on page three, item b. under Street I Department should read as follows Request to Accept bid/ tor for Beautification/Parks & Rec^ Department" APPROVAL AND/OR CORRECTION OF MINUTES: REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1993 i Alderman Smith moved seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of February 4, 1993 be APPROVED" MOTION CARRIED. CONSENT AGENDA: a. ANIMAL CnN bEPARTMENT Regular Monthly Report/February 199.i" Alderman Wilson moved, seconded by Alderman Smith to approve the monthly Animal Control Report for the month of February 1993, that report reflects the following: CONTRIBUTIONS $55.00, ADOP- TIONS/FINES $595.50, SECURITY DEPOSITS $450"00 for a total of $1,100"50 for the month of February 1993. MOTION CARRIED. 1 , .- - 1 \��/-` .�/�� CITY OF JACKSONVILLE, •ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 4, 1993 • 7:00 P.M. - 7:20 P.M. WATER DEPARTMENT: I I SEWER DEPARTMENT: , FIRE DEPARTMENT: POLICE DEPARTMENT: ! STREET DEPARTMENT: LOCATION OF GAS REGULATORS ON STREET RlGH| � OF WAY Mayor Swaim pointed out that Alderman Sensing had requested that 1 the item be discussed and recognized City Engineer 7, :eel to ad- 1 • dress the item of business. Mr. Reel related that he had spoken with Mr. Boo Green of the Ark Gas Co. and had been informed that six regulators are located within the city at the following locations; Northeastern I and Loop Rd,, Graham and Loop Rd,, Military and Loop Rd., Wood briar and Military, and that barricades will be constructed around each to aid in safety measures in rase of motor vehicle accidents. He related .that he said the regulators were neOessary to level accidents.. gas service to different areaswhich previously had ` • I • low pressure around town and that the barricades would • be Hup • within a •thirty day period. Alderman •Sansing posed a question regarding a regulator on Hwy. 161 that had been damaged by a vehicle and City Engineer Reel` said • that he did not mention that in his conversation with: iMr, I ` Green" . PARKS & REC. DEPARTMENT: SANITATION: PLANNING COMMISSION: • ` GENERAL: ADDITIONAL NETWORK SOFTWARE Mayor Swaim recognized Mr, Paul Mushrush who addressed the item of business. � . I Mr, Mushrush updated the Council regarding the new system being used in the Finance Department. He said that it is installed and • operational. He r that the Personnel Department is in- cluded in the network" i I 2 � ` ' � � ''� � �� � /��| �� CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 4, 1993 ��K 7:00 P.M. - 7:20 P.M. .�� He said that he had overlooked one piece of software in his originaI remuest at the time of 7urciase which will cost $1,695"00; the networking, operating software He requested that the one particular item he purchased adding that he has the software, which initiates the system, on appro- val" Alderman Smith moved, seconded by Alderman Wilson, seconded by Alderman Wilson that the software requested by Finance Department costing $1,695"00 plus tax and funded from the Equipment Fund be APPROVED" MOTION CARRIED. He invited the council to visit the department and see the pro- gram in action. APPOINTMENTS: Mayor Swaim announced that there would be an appointment to the Housing Authority on the next agenda. ANNOUNCEMENTS: I CPR CLASSES by the Jacksonville Fire Department, Mprch 27, 199 beginning at 8:30 a.m. at the Jacksonville High School Gym NON ITEMS: RECENT LAWSUIT City Attorney Ramburg related that there are two avenues in which to proceed. � He stated that because the case was covered under the Municipal • League, no city funds would have to be used to pay any judgments of any nature including attorney's fees" He said that an appeal, if desired by the Council, will have to be filed within a thirty day time period from the date o{ the judgment which would be taken to the Eighth Circuit Court of Appeals in St. Louis to he heard by three Circuit Court Judges. He said that the appeal could be handled by the Municipal League Program. He related that transcript will cost from $1,500.00 to $2,000"00 with said cost and attorney's fees, which would include those of the defendants and the plaintiff even if an appeal is not granted, would also be covered by the League. He said that the appeal process is taken solely on the record of the court hearing, that no new evidence could be presented. 3 ' . . � .. -- r — \��� '�/� CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 4, 1993 7:00 P.M. - 7:20 P.M. � . . He noted that procedural erro handled or presented by the court during the process of the trial itself and the nature of the fact finding body, in this case the jury, are the two considerations in the appeal process. He said that the only way new evidence could be presented in the case is if the ruling of the lower court was overturned or rever- sed and at that time it is remanded to Judge Howard's Court for a new trial done only in the event an appeal was granted, Dorothy Head Issue: City Attorney Bamburg said that in working through the issue, it is found that Ms. Head does not own the property, that it was bought under a "purchase agreement" and that the property owner has been made aware rif the existing situation. He said that the deadline for finalizing the issue is about the end of March. Wilkerson building purchase/Police Department Expansion City Attorney Bamburg said that title work is being done at this time and that final action will be taken within ten to fifteen days. He said that all things work right, possession by the Police Department could take place the first part of May. ADJOURNMENT: Alderman Smith moved, seconded by Alderman Keaton that the mee- ting adjourn at approximately 7:20 p.m. MOTION CARRIED. Respectfully, `_ 561 . ^/ � ," - ~r`� M10707 i ` - � ~-"~v" ~`---- Lul M. Leonard `�� MAYOR \ City Clerk-Treasurer . II 4 __ � '`