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93 Apr 01 �� |�7�.) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 7:00 - 7:50 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The Cz�y C��nci� of t�e City of Jacksonv�l�e, �rkansas �ec i: F(e�u�ar �ession on April 1, 1993, a� the re�u�ar meetin� place of the Counci�. Alderman Smit� ��livere� t�e �nvocation after whic� Mayor Tommy S�aim �ed the s�anding au�ienc� �n the 'Plecge of Alleg to the f ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Wil- liamson and Keaton answered ROLL CALL. Aldermen: Lewis, and Twitty were absent. PRESENT, eight (8), ABSENT, (2). Mayor Tommy Swaim also answered ROLL CALL and declared a quorum" Others present �or �he meeting� Ci�y �ttorney Rohert E 8amb�rg, Cepu�y City Cler� Svsan Goings, City Enginesr Duane Reel, Firc Chief Fic� Ezell, Police C�ief Don Tate, Asst Police Chie� Larry Hibbs, Code Enforcement Off�cer Wayne Cox, CD�G Dirzctor Tony � Pl�, Pu�lic W�rks �oordinator Skip �pears, Finance Director Paul Mus�rush, lntern from AS� �etty An�erson, Par� & Rec �irector A b ll D i ;i Ch i f th Pl i Commission Ar� � nna e e av s, ce a rman o e ann n� Brannen, other c�ty employees, interes�ed c�tizens and members of the press. AT MINUTES: Mayor Swaim �r�sente� the minetes of the Regular City Council Mecting of March �8 1993 for stucy and action at the next Regular City Council Meeting. CORRECTION OF MINUTES: REGULAR CITY COUNCIL MEETING Alderman Wilson moved, seconded by Alderman Smith that the minutes of the Regular City Council Meeting c/f March 4, 1993 be APPROVED. MOTION CARRIED. DEEOREMEPIT FEWER DEPARTMENT° FIRE Rrques. to fl" Electrical Work/ New Addition Central Fire Station (bid s�eet �ncl in minutes as exhibit A-) Mayor Swain no�e� �hat �i��ers were allow�d the z�tzon of bid � d�ng �arts an� work separately. |��� /`4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 7:00 P.M. - 7:50 P.M. Fire Chie� Ezell said tha� t�e re�uest is not for new money � mentioning �44,000.00 se� aside towar� comolet�on of the project. � C��ef Ezell rela�ed t�ai �he depar�ne�t recom�en�ed splitting the bid adding �hat buying the fixtures separately and awurding the � bid for labor to Plumb Square is his recommendation. Alderman Ray moved, seconded by Alderman Sansing that the low bid of $6,400.00 be awarded Plumb Square for labor and that the bid of $1,799.85 be awarded to Summers Southern for fixtures. MOTION CARRIED. POLICE STREFT_DCRAFTMENT) Request to accept bidb Redmond Road �rainage Project (bid sheet incl. in minu�es as e'��bit B") �ayor Swaim recognized Ci�y En�ineer �ee� to ad�ress t�e item of business City Engineer Reel sai� �het the projec� is to enhance �h� �rai- nage along the soutn side of Redmond Ruud between the A:ima! Control Departm and Cory Driv He pointed out that thc water will be channelcd to Rocky Branch Creek^ Mayor Swaim pointed out that last year the north side Df the ditch was improved He noted that there was only une bidder and that the procedure for re�uesting bids was followed as usual �ngineer Reel said that ��ree sets of plans were out and only one was intereste� enough to submit a bid Alderman Keaton moved, seconded by Alderman Knight that the bid of $47,691,92 from Utility Management and Construction Inc", for the Redmond Road Drainage Project be APPROVED, MOTION CARRIED. (funding: Budgeted Drainage Funds) � � Request �o accept 8i�� Paving (bi� sheet incl in minutes as exhibit C"> Mayor �waim poin�ed out that four bids were received It was no�ed by City Engineer Reel t�ac �n�y �ogan Construction had not done work for t|�e City of Jacksonville He recommended t�z l�w bid from Cranford Cons�r�c�ion ��� 2 |�1� / '| CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 I 7:00 P.M. - 7:50 P.M. Alderman Smith moved, seconded by Alderman Knight that the low bid of $22.14 from Cranford Construction for 4.000 or more tons of H"M"A.C" be accepted, MOTION CARRIED" PARKS & REC. DEPARTMENT: SANITATION: PLANNING COMMISSION: GENERAL: a. DISCUSSION Purchase Flag Display fcr City Hall This iiem was �e ete� from the sgen�a by Mayor Swaim �n t��at Mr. Jo��n Mooro who req���zte� t�e purchase was not �resent b. CDBG: Request to Accept Bid: King StrtJet Project (bid sheet � incl. in minu�es as exhibit D.) Alderman Wilson moved, seconded by Alderman Smith that the low bid of $120,042^90 from Tankersley be APPROVED. MOTION CARRIED" i . Mr Tony Ply cruld not give a completion date explaining that dealing with the utilities is the determining factor. 3. RESOLUTION 459 (#1^93) A RESOLUTION ACKNOWLEDGING THE NECES- SITY FOR ACQUISITION OF RIGHTS-OF-WAY ON REAL PROPERTY FOR THE CONSTRUCTION OF A DRAINAGE DITCH IN SUNNYSIDE HILLS ADDITION FROM ROOSEVELT ROAD NORTH TO GALLOWAY CIRCLE; GRANTING AUTHORIZATION TO THE CITY ENGINEER FOR CERTIFICATION OF APPRAISALS AND ESTAB' LISHMENT OF JUST COMPENSATION AMOUNTS FOR SAID RIGHT-OF-WAY ACQUISITIONS; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Wilson to read Resolution 459. MOTION CARRIED. � At this time City Attorney Rober� Bamburg read Reso�ution 4�9 in its entirety. Mayor Swaim relatcar that the City Engi neer will not ke ahle to do ihe �p�raisals but will aFprove t�e completed ap�raisals^ He further related that when resigents are uncc and hold � ou� for �i�her prices �n easemenLs zt cuts �own o� the City's � a�ility to complete more projects. � ��r. Ply exPlai:ed that i� is necessary to go �hrcu�h the apprai- sal process in or�er to comply wiL� H�� guidelines e CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 7:00 P.M. - 7:50 P.M. Mayor S�aim rele�ed t�a� the nassage of Resalution 459 �o�ld e:able the Ci�y to proceed �ith c�e acqu�s�tion sr t�at che �rc jec� co�id be completed sooner, �1r Ply explained that �he a�pra�sal process �s a �UD rcquirc ment. Mayor Sweim pcinted nut th�t ma:y t�mes t�e property purchase� �or r��ht-��f-wey ��s more �or�h afrer improvements than before as zero appraisals were discusseo Alderman Knight moved, seconded by Alderman Smith that Resolution 459 (#1-93) be APPROVED. MOTION CARRIED. d= RESOLUTION 460 (#2-93) A RESOLUTION ENDOR PARTICIPATION IN THE CENTRAL ARKANSAS REGIONAL TRANSPORTATION STUDY; AND FOR OTHER PURPOSES. Mayor Sw�im voiced that he has spokeo to eomeone to fill t�e onc �ppointment which ��e City �f Jacxsonville is enritl�d �o as he expl�ined t�e importance of the study to �e�erm�ne �he �raffic flow and transportation needs of Lono:e, �ulas�i, Fp��kner and Sali:� counties. Alderman Wilson moved, seconded by Alderman Keaton that Resolu- tion 460 (#2-93) be read" MOTION CARRIED" City Attorney Robert Bamburg read Resolution 4�� in its eniire�y Alderman Smith moved, seconded by Alderman Sansing to APPROVE Resolution 460 (#2-93) MOTION CARRIED. hayor S�va�m stat�d that Mr. Art Brann�n, Vice Chairma� o� tne � Jac�sunvil�e Planning Commission �ill �e t�e represe�tative for the C�ty of Jacksonville. M��or S�aim exp�aine� �hat thc cnan�e in pr�cess may nelp in � getting projec�s at the top of the PAT� list. e. ORDINANCE 991(#4-93) AN ORDINANCE REGULATING THE DISTRIBU TION OF UNSOLICITED ADVERTISEMENTS, HANDBILLS, PAMPHLETS, AND OTHER PRINTED MATERIAL WITHIN THE CITY OF JACKSONVILLE, ARKANSAS DECLARING AN EMERGENCY; AN[}, FOR OTHER PURPOSES. Uayor Swaim related that Al�erman Fle�cncr �s �he saonsor of t�c ordinance and �sked that he adores� the item Y i `p� ) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 I 7:00 P.M. - 7:50 P.M. Alderman Fletcher voiced that he would like the ordinance to go in�o commiitee before action by the Council. He said that the purpose �s �o clean up areas w�ere broch�r�s are placed on cers ard not intended for residential ereas, Mayor Swaim recommended that Alderman Fletcher act as chairman of the committee and that Alderman Lewis and Alderman Twitty serve on the committee. APPOINTMENTS: � --_-_ ANNOUNCEMENTS: PHE*3ENTATION: PLAQUE TO STEVE 5OORE/FIRE DEPARTMENT At this tin�e Hayor Swaim introduce� Fire Chief �ick Eze�l who � ��resented a plaque �o Mr. SLeve �|ocre of �he F1re Department �or �is outstan�ir�g w�rt in organiz�ng a one-day CPR course on Sa�ur- day, March 27, 1793 for the citizens of Jacksonville Mr, Moore expressed appreciation to all those who helped with the course and said that he is working on a program for next. year. i POL\C[� DEPARTn� Mayor Swaim pointed out that through the work of the Police Department a major crime within the city rias been solved. FIRE DEPARTMENT: Fire Chief Ezell noted that the use of the ladder truck will alter the RSO rating of the city if it is used on routine rails- DUPPFE PARK: Mayor Swaim pzinted out that work at Dupree Park with regard to t i stands d playground r�= �uum=, cun��us �/ � �n s an p �yg��u equipment has been q upgraDeD in recent nontns. Fr/ ICE DEPARTQENT/PUILDING PURCHASE 1412-1420 W. MAIN: Mayor Swaim pointed out that the purchase of the building beside � the Police Department was finalized April 1, 1993 He pointed � out �hat the property is assessed �n t�e tax b�oks at $172,O00.0O allaying controvet slai. statements r eOarding the purchase that tme actual cost was $135,000.90. He said that plans have been drawn by the architect for improvements so the building will meet AD requi rements. I/ 5 � |�J� �~', CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 7:00 P.M. - 7:5O P.M. N� STATEMENT: by MAYOR TOMMY SWAIM ref: Recent Lawsuit The following is a statement delivered by Mayor Tommy Swaim at the City Council Meeting of April 1, 1993, I have been silent concerning a recent lawsuit filed against tne City of Jacksonville, Council members, and me. With the decision not to file an appeal, I feel it is necessary for me to make a statement of explanahion to the public. We sometimes take for grantee the greet freedoms ancI protections afeorded the citizens of this United States. of America. One of those protections is the right to a fair and impartial trial by our peers- My recent experience has not changed my opinion that our system of jusaiice, no matter how i mperfect, is St i 1l the best in existence. The statements_ I make tonight are not t be construed as critical or derogatory toward the court system, judge, jury, or any other individual. �hey are simply my observations and facts as l understand them. My lifelong belief, that if you are right or innocent our system will certainly prevail and you will be vindicated, has been I , shattered, The most important lesson 1 learned was -- being right is not always enough to insure that you will win. Simply being right does not mean the judge or jury will rule in your favor. Each side is given an opportunity to present the evidence neces sary to prove their case. Attorneys choose to do this in differ- I ent ways. The defendant and plaintiff may present evidence they ! feel wili prove their case. |fie tactics and maneuvering to admit or prevent the admission of evidence is a hi itical part of the I trial. Often evidence not presented could chance the outcome of a trial. How the attorney presents the evidence and the jury's anility to separate the truth from ficti311 c:'tus:lIL 3. '/ has more bearing on the � verdict than the truth. ! Let me reiterate, I am not critici the cou the attorneys, or the jury -- I'm just stating the fects as I believe them. I was conceroed the citiz�ns of Jacksonville would not understand sn complicatzd case and the circumstances surrounding tie ! verdict". i 6 , . _ CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 151 I 7:00 P.M. - 7:50 P.M. I misjudged how informed you the citizens of Jacksonville are. You not only remembered the problems and circumstances surroun ding this case, but many 0f yoU have cuestioned why past actions were not allowed as evidence in this case. Some of which took place before I became Mayor. I can not answer that question except to explain that the decision was made by the court and we have abided by this ruling. We sincerely appreciate the tremendous outpouring of support from all segments of our community` Your phone calls, cards, letters, and personal visits offering to circulate petitions or collect funds to pursue this case further have teen heartwarming to the Council and me. You have convinced me and the Council that an overwhelming: major ..... ity of the citizens of Jacksonville knew the circumstances surro- unding this case and believe we h.ere only guilty of trying to improve the quality of service to our citizens. i You have encouraged me to appeal the ruling ha down by the court. Some have even demanded tha+ appeal. r we a�pe� to a higher crut. My first inclination was to appeal immediately. I'm not afraid of a fight and would willingly defend the City and myself" However, there are other considerations. No tax dollars have been spent on attorney's fees or judgements, as of this date, because the Municipal League Defense Fund has coVered these expenses` They would not cover the cost of an appeal and even though many of you have offered funds to cover these expenses, I do not want to spend money unless it is necessary. Because you do understand the facts and have been so supportive, I do not feel it is necessary to try and ,indicate Myself or the City, The City of Jacksonville has suffered for many years from nega tive publicity that has been very hard to overcrme because i like the incineration project and other issues generated from within have been in the news on a regLlar basis. Great isp from departments within the City has helped, but we must continue to improve and create harmony among the citizens of this community. i 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 1, 1993 7:00 P.M. - 7:50 P.M. If there is �lam� t� be place�, le� it be on me for I assumed the leedership role in 1987 and van continue at least until 1995 - he ability to create harmony and progress are much more important to me than proving I am rig�t. We must be forgiving �f those whr wish �o dzsru�t our effrr�s and con�inue to move forwarg. You have proven by your actions that you support me and the City Uouncil in our efforts to improvc this community and Onat is enough for me. Thank you for your patience and understanding, I am very prou� to serve as your Ma�or. At this time, Alderman Reedie Ray moved, seconded by Alderman Sansing TO SUSPEND THE RULES PLACING Resolution 461 (#3-93) on the agenda for action. Alderman Knight voiced that the Resolu- tion is presented from all the Council Members. MOTION CARRIED. RESOLUTION 461 (#3-93: A RESOLUTION EXPRESSING SUPPORT OF MAYOR TOMMY SWAIM Alderman Ray moved, seconded by Alderman Knight that Resolution 461 be read. MOTION CARRIED. City Attorney Robert Bamburg read Resclution 461 in its entirety. Alderman Wilson moved, seconded by Alderman Smith that Resolution 461 be ACCEPTED AS READ, MOTION CARRIED" ADdpURNMENT:_ Alderman Wilson moved, seconded by Alderman Smith that the mee- ting adjourn at approximately 7:50 p.m. MOTION CARRIED. Respectfully, 414) te _ Lul " Leonar MAYOR City Clerk-Treasurer / y a, I J J,I J , T G r I I C F -- G ¢ , W I W \ J \\ ry ti C F- � C _ I c z...„.2 u _ Cn �I ° __� _ CN NI ° C E VI -- C r- in C -__ tl �t 0 G L N C J C L U aU �I CC CI Pet 1- t- - C7 +-1 = . 1 t C U II _ i 7 Q IAN Cu Yn WM in p 1 I . F-- CC CO 1111 >. co cu 1 CI E ^ G7 d C CO w E v i i c <n, rn u i n m Y C w ---C4 \ w w WCel CC U F W CI C c w _. 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