City Council

Minutes Regular Scheduled City Council Meeting City Hall June 27, 2013 Officials and Guests present: Mayor Bill Eaton, City Attorney Trey Smith, City Clerk Kathy Collins, Aldermen Steuber, Tripp, Martin Irwin, Seth Irwin, Roberts, Richard Harris, Randy Horton and Alderwoman Freddie Harris. Whitney Snipes, Robert McCready, Aaron James, Rita Richardson KARV, Bill Clark, Brian Holstein, Martin Dils, Mack Hollis, Pete Stacks Entergy, Billy Cockrill Suddenlink, Jim Bradley Centurylink, Paulette Clairday, Ron Knost, Zach Shaw, Catherine Leapheart, Steve Mallett, Lance Bartlett, Michael Rogers, Lydia Rogers, Carol Shoptaw, Sharon Eaton, John Harris, Jared Wood, Price McMillan, Elizabeth Nokley, David Garza, Roy Reaves, Ken Panther, Jeff Pipkin and Ralph Titsworth. Welcome and Call to Order: Mayor Bill Eaton Invocation was given by Chaplain Harry Komprood, Russellville First Assembly Minutes: Alderman Martin Irwin made the motion to approve the Minutes for Council Meeting May 16, 2013. Alderman Seth Irwin seconded the motion. Motion carries unanimously on a voice vote. Mayor’s Report: Public Works Director presented a plaque to Public Works employees’ Earl Cole and Aaron James in recognition of the excellent work they did on the Hickey Park Bridge project. Financial Report: Month Ended May 31, 2013 General Fund Balance $ 683,158.26 Street Fund Balance $ 14,691,552.52 Economic Development Funds 1 & 2 Balance $ 7,261,539.52 Convention Center $ 2,400,817.34 Capital Assets Fund Balance $ 416,825.63 Special Funds Balance $ 1,037,014.66 Emergency Reserve Certificate of Deposit – General $ 1,000,000.00 Emergency Reserve – Street $ 3,000,000.00 Cemetery Association Trust – Market Value $ 194,995.82 Special Funds Balances: Month Ended May 31, 2013 12 District Court Costs Fund $ 95,596.67 13 No Vehicle Insurance Fund $ 13,592.40 14 Parks & Recreation Special Fund $ 47,276.28 15 Police Training Fund $ 21,985.10 1 16 Police Pension Fund $ 64,673.62 17 Court Automation Fund $ 286,828.27 18 Administration of Justice Fund $ 35.00 19 Criminal Justice Ordinance Fund $ 313,461.34 20 Fire Contingency Fund $ 65,337.96 21 Fire Insurance Premiums Fund $ 68,901.73 22 Fire Pension Fund $ 2,379.22 24 Russellville Oakland Cemetery $ 56,947.07 TOTAL $ 1,037,014.66 Department Report: Fire Chief John Cochran Committee Reports: Finance Committee: Horton, Tripp, Roberts and M. Irwin (June 18, 2013) Alderman Randy Horton made the motion to approve Items 1A through -1D. Motion carries on a voice vote. 1. Line Item Transfers A. Line Item Transfer: Department: Police From: 01-111-5203 Postage $3,000.00 To: 01-111-5192 Contract Labor $3,000.00 (to cover expenses for the remainder of 2013). B. Line Item Transfer: Department: Police From: 01-111-5111 Salaries $ 950.00 To: 01-111-5111 Salaries $ 950.00 (budget adjustment) C. Line Item Transfer: Department: Police From: 01-111-5111 Salaries $ 10,000.00 To: 01-11-5206 Janitorial $ 7,000.00 To: 01-111-5218 Other Professional $ 3,000.00 (budget adjustment) D. Line Item Transfer: Department: Street From: 02-205-5498 True F Smith $ 366,000.00 To: 02-205-5449 Waco Project $ 366,000.00 2 2. Appropriations Alderman Randy Horton made the motion to approve Items 2A through -2H. Motion carries on a voice vote. A. Appropriation: Department: Capital Parks & Rec. Expenditure: 04-109-5510 Building $10,500.00 (Additional on HVAC) B. Appropriation: $ 18,387.43 Department: Street (ATHD sidewalk enhancement downtown change orders) C. Appropriation: Department: Police Revenue: 01-111-5154 LOPI $ 27,950.00 (LOPFI city contribution) D. Appropriation: Department: Fire Revenue: 01-110-5154 LOPFI $ 21,000.00 (LOPFI city contribution) E. Appropriation: Department: Street Expenditure: 02-202-5192 Contract Labor $ 20,000.00 (Contract Inspector for the UPRR Bridge) F. Appropriation: Department: Police Line Item #: 01-111-5224 $ 1,200.00 (Received from persons attending Russellville Police youth academy) G. Appropriation: Department: Police Line Item #: 01-111-5215 $ 500.00 (Reimbursement for tuition for officer # 1844 who did not attend training) 3  H. Appropriation: Department: Oakland Cemetery Revenue: 24-101-5344 Cemetery Trust Fund $ 500.00 (transferring to the trust per Ordinance # 2139) I. Consideration of Resolution #1351 to Authorize the Mayor and City Clerk to Sign a Contract of Obligation with the Department of Environmental Quality as authorized Arkansas Code Annotated §8-6-1603. Alderman Randy Horton made the motion to adopt. Motion carries unanimously on a voice vote. J. Consideration of Resolution #1352 to Accept a Bid for the Construction of the Waco Detention Pond. Alderman Randy Horton made the motion to adopt. Motion carries unanimously on a voice vote. K. Consideration of Resolution #1353 to Authorize the Mayor and City Clerk to Apply for a Grant for Airport Self Service AvGas System. Alderman Randy Horton made the motion to adopt. Motion carries unanimously on a voice vote. L. Consideration of Resolution #1354 to Bid Self Service AvGas System for the Airport. Alderman Randy Horton made the motion to adopt. Motion carries unanimously on a voice vote. M. Consideration of Resolution #1355 Concerning the Lease between the City of Russellville and City Corporation. Alderman Randy Horton made the motion to adopt. Motion carries unanimously on a voice vote. Personnel: No Report. Unfinished (Old) Business: 1. Consideration of a Public Hearing and an Ordinance Concerning the Right of Ways on City Streets— Alderman Martin Irwin. Mayor Eaton opened the Public Hearing. Mr. Robert McCready spoke in favor of closing a portion of the right of ways. Representatives from Entergy, Suddenlink, CenturyLink and City Corporation voiced their concerns about their respective utilities being affected with the reduction in the right of ways. Cost of moving or relocating the utilities and access to their equipment. Alderman Horton asked, “What problem 4  prompted the closure of these rights of ways”. He stated he had a concern about the closings in light of what the representatives from the utilities said. Alderman Martin Irwin gave his reasons. Alderman Steuber asked why would the city give away right of ways when the city may need them for future improvements and that they had been in place for a hundred years. Alderman Martin Irwin asked the utilities to furnish a map of the area affected and submit it to David Harris, City Planner. Mayor Eaton closed the Public Hearing. Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only for the first reading. Alderman Horton seconded the motion. Mr. Irwin withdrew his motion when City Attorney said if there were changes it would need to be addressed next month in a first reading. Mr. Irwin stated he withdrew his motion due to corrections in the street listing and Ordinance. Alderman Irwin made the motion to postpone until July meeting seconded by Alderman Horton. Motion carries unanimously on a voice vote. 2. Consideration of a Public Hearing and an Ordinance to Vacating Portions of South Utah Ave and West 2nd Street in the McClure and Bayliss Addition submitted by Stephen R. Giles, P.A. on behalf of Mikel & Malinda Brown, Robert Carpenter Trust, Ewell Keith Knight, III, Jerry & Janie Pierce—Planning Commission. (Recommended 7/1 to approve by the Planning Commission). (Tabled from last month). Alderman Martin Irwin made the motion to table until July with a second by Alderman Roberts. Motion fails on a 5-3 vote. Aldermen Horton, Tripp, Seth Irwin, Steuber and Alderwoman Freddie Harris voting no. Aldermen Martin Irwin, Richard Harris and Spencer Roberts voting in favor. Alderman Horton made the motion to read the Ordinance one time by title only for the first reading with a second by Alderman Tripp. Motion carries on an 8-0 roll call vote. All Aldermen/woman present and voting in favor. City Attorney Trey Smith read the Ordinance as instructed. This will appear next month for the second reading. New Business: 1. Consideration of Appointment of Mindy Hudson, Tom Hlass and John Harris to the Russellville Oakland Cemetery Commission—Mayor Bill Eaton. Alderman Steuber made the motion to make the appointments with a second by Alderman Martin Irwin. Motion carries unanimously on a voice vote. 2. Consideration of Ordinance # 2149 to rezone property from R-1 (Residential) to C-2 (Highway Commercial), for property located at 5187 North Arkansas Avenue, submitted by Paulette Clairday. (ZO.13.05.168) Planning Commission voted 5 in favor (Patel, Standridge, Sims, Smith, and Davenport) and 1 against (Perkins). Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only with a second by Alderman Horton. Motion carries on a voice vote. City 5  Attorney Trey Smith read the Ordinance as instructed. Alderman Martin Irwin made the motion to adopt with a second by Alderman Horton. Motion carries on an 8-0 roll call vote. All Aldermen present and voting in favor. 3. Consideration of Ordinance # 2150 to rezone property from R-1 (Single Family Residential) to A-1 (Agricultural), located on Sheppard Drive, and submitted by Bill Montgomery. (ZO.13.05.167) Planning Commission voted unanimously. Alderman Steuber made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation. Alderman Martin Irwin seconded the motion. Motion carries on an 8-0-voice vote. City Attorney Trey Smith read the Ordinance as instructed. Alderman Martin Irwin made the motion to adopt with a second by Alderman Horton. Motion carries on an 8-0 roll call vote. 4. Consideration of Ordinance # 2151 to rezone property from R-1 (Single-Family Residential) to A-1 (Agricultural), for property located off Sheppard Drive submitted by Dave Garza of Barrett & Associates on behalf of Scott Sanders and Kent Dollar. (Z0.13.05.169) Planning Commission voted unanimously. Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation. Alderman Steuber seconded the motion. Motion carries on an 8-0-voice vote. City Attorney Trey Smith read the Ordinance as instructed. Alderman Martin Irwin made the motion to adopt with a second by Alderman Horton. Motion carries on an 8-0 roll call vote. 5. Consideration of an Ordinance to Amend the Russellville Zoning Code pertaining to Recreational Vehicle Parks (MS.13.05.75) Planning Commission voted unanimously to recommend. Alderman Randy Horton made the motion to suspend the rules and read the Ordinance for the first reading by title only with a short explanation. Aldermen Martin Irwin made the second. Motion carries 8-0 voice vote. City Attorney Trey Smith read the Ordinance as instructed. This Ordinance will be brought back to the Council in July. 6. Consideration of an Ordinance to Approve a Preliminary/Final Plat of Russellville Wal-Mart PUD, submitted by Zach Shaw of Carlson Consulting Engineers on behalf of Wal-Mart. (SD.13.05.260). Planning Commission voted 5 in favor (Patel, Standridge, Smith, and Davenport) 2 against (Sims and Perkins). Alderman Horton made the motion to suspend the rules and read the Ordinance one time by title only for the first reading with a short explanation. Alderman Tripp seconded the motion. Motion fails on a 4-4 roll call vote with Aldermen Horton, Tripp, Steuber and Roberts voting in favor. Alderwoman Harris, Aldermen Martin Irwin, Richard Harris, and Alderman Seth Irwin voting nay. 7. Consideration of Resolution #1356 Concerning a Dilapidated Structure located at 709 East Parkway Drive—Code Enforcement, Bill Clark. Alderman Martin Irwin made the motion to adopt with a second by Alderman Tripp. Motion carries unanimously on a voice vote. 6 8. Consideration of Resolution #1357 to Authorize the Mayor and City Clerk to enter into an Agreement with the City of Dover Concerning the Pre Treatment of the Dover Waste Water—City Attorney Trey Smith. Alderman Martin Irwin made the motion to adopt with a second by Alderman Tripp. Motion carries unanimously on a voice vote. 9. Consideration of an Ordinance to Approve the Riverstone Subdivision Final Plat submitted by David Garza on behalf of Alan Covington. Planning Commission. Alderman Randy Horton made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation for the first reading. Aldermen Irwin seconded the motion. City Attorney Trey Smith read the Ordinance as instructed. This item will return to the Council next month. 10. Consideration of Resolution #1358 to Repeal Resolution #1349 on a Dilapidated Structure located at 917 East 4th Street—Alderman Martin Irwin. Alderman Martin Irwin made the motion to adopt with the second by Alderman Roberts. Motion carries 6-2 on a roll call vote. Alderman Martin Irwin, Alderman Mark Tripp, Alderman Richard Harris, Alderman Seth Irwin, Alderwoman Freddie Harris and Alderman Spencer Roberts voting in favor. Alderman Horton and Alderman Steuber voting against. 11. Consideration of Ordinance # 2152 Concerning the Funding of the North El Paso Street Improvements with Regions Bank—Alderman Mark Tripp, Michael Oakes Public Works Director. Alderman Tripp made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation for passage tonight. Alderman Horton seconded the motion. Motion carries on a 6-2 roll call vote. Aldermen Steuber and Richard Harris abstain. Aldermen Roberts, Martin Irwin, Horton, Trip, Seth Irwin and Alderwoman Freddie Harris voting in favor. Mr. Ron Knost asked to address the Council. He requested his statement be incorporated in the official minutes of this meeting. Mr. Knost gave the City Clerk a copy of his statement and it is attached to the minutes. City Attorney Trey Smith read the Ordinance as instructed. Alderman Martin made the motion to adopt. Alderman Tripp seconded the motion. Motion carries on a 6-2 roll call vote. Aldermen Steuber and Richard Harris abstain. Aldermen Roberts, M. Irwin, Horton, Tripp, S. Irwin and Alderwoman Freddie Harris voting in favor. 12. Consideration of Ordinance # 2147 Providing for the Levy of a Replacement One Percent (1%) Sales and Use Tax within the City of Russellville, Arkansas for a Period of Seven (7) Years—City Council. Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only. Alderman Seth Irwin seconded the motion. Motion carries on an 8-0 vote. All Aldermen/woman present and voting in favor. City Attorney Trey Smith read the Ordinance as instructed. Alderman Martin Irwin made the motion to amend the Ordinance to add to section 4A “or any other purposes that the City council deems 7  a benefit to the economic development of Russellville, in any form or fashion, or all such reasons”. After great debate Alderman Martin Irwin called the question. The motion was not seconded and Alderman Seth Irwin asked for further discussion. Mr. Seth Irwin’s opinion was the wording worked in the last Ordinance and it will work in this one. The city has benefited from that sales tax for the last seven years and he also felt that the council must pass this Ordinance tonight to further improvements for the citizens and the city of Russellville. After further discussion Alderman Martin Irwin made the motion to call the question with a second by Alderman Seth Irwin. Alderman Martin Irwin made the motion to amend section 4A of the Ordinance. Motion failed for lack of a second. Alderman Seth Irwin made the motion to adopt the Ordinance as presented with a second by Alderman Tripp. Motion carries on an 8-0 roll call vote. All Aldermen/woman present and voting in favor. An Emergency Clause was incorporated in the body of the Ordinance. 13.Consideration of Ordinance #2148 Calling a Special Election in the City of Russellville, Arkansas on the Question of Levying a Replacement One Percent (1%) Sales and Use Tax within the City of Russellville—City Council. Alderman Martin Irwin Made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation. Alderman Horton seconded the motion. Motion carries on an 8-0-voice vote. City Attorney Trey Smith read the Ordinance as requested. Alderman Martin Irwin made the motion to adopt with a second by Alderman Seth Irwin. Mayor asked if there were any discussion. Alderman Martin Irwin made the motion to call the question. Motion carries on an 8-0 roll call vote with all Aldermen/woman present and voting in favor. Motion to adopt the Ordinance was made my Alderman Seth Irwin with a second by Alderman Tripp. Motion carries on an 8-0 roll call vote. All Aldermen/woman present and voting in favor. Motion to adopt the Emergency Clause was made my Alderman Martin Irwin seconded by Alderman Horton. Motion carries on an 8-0 roll call vote with all Aldermen/woman present and voting in favor. 14. Consideration of a Resolution Authorizing the Mayor and City clerk to enter into an Agreement with Jackson Brown Palculict Architects for Architectural Services needed for the Construction of a New Central Fire Station- Fire Department. (Pulled) Adjournment: Motion to adjourn made by Alderman Irwin seconded by Alderman Steuber. Meeting adjourned. ATTEST: Mayor Bill Eaton Kathy Collins, City Clerk Date approved by Council: 07/15/2013 8