City Council

Minutes Regular Scheduled City Council Meeting 6 pm, City Hall, 203 South Commerce Ave. March 20, 2014 Officials and Guests present: Mayor Bill Eaton, City Attorney Trey Smith, City Clerk Kathy Collins, Aldermen Steuber, Martin Irwin, Seth Irwin (came in late), Spencer Roberts, Alderman Randal Horton, Alderman Mark Tripp, Alderman Richard Harris and Alderwoman Freddie Harris. Also in attendance were Fire Chief Cochran, Martin Dils, Sharon Eaton, Tracey Cline-Pew, David Harris, Michael Oakes, Betsy McGuire, Steve Mallett, Linda Wink, Angela Allen, Don Osmon, Tim Lewellyn, Rita Richardson KARV, Leon Fancher, Duane Noyes, Whitney Snipes, Mike Vernon, Sam Kreun, Johnny Story, Fred Standridge, Bruce Moore, Price McMillan, Sherri Coffman, Brian Temple, and George Whitley. Welcome and Call to Order: Mayor Bill Eaton Invocation was given by Leon Fancher, RAMA, followed by the pledge of allegiance. Minutes: Alderman Martin Irwin made the motion to approve the Minutes for Council Meeting, February 20, 2014 and Special Called March 4th, 2014. Alderman Horton seconded the motion. Motion carries unanimously on a voice vote. Mayor’s Report: Financial Report: Jerrold McKaughan, Finance Director. Month ending February 28, 2014. General Fund Balance $ 730,107.27 El Paso Bond Fund $ 1,837,701.76 Street Fund Balance $ 12,886,140.96 Economic Development Funds 1 & 2 Balance $ 7,893,905.77 Convention Center $ 2,409,151.98 Capital Assets Fund Balance $ 436,085.42 Special Funds Balance $ 1,104,837.16 Emergency Reserve – General $ 1,000,000.00 Emergency Reserve – Street $ 3,000,000.00 Cemetery Association Trust – Market Value $ 120,694.59 Special Funds Balances: Month Ended February 28, 2014 1  12 District Court Costs Fund $ 94,879.56 13 No Vehicle Insurance Fund $ 23,264.89 14 Parks & Recreation Special Fund $ 42,845.69 15 Police Training Fund $ 19,797.36 16 Police Pension Fund $ 62,994.11 17 Court Automation Fund $ 319,741.67 18 Administration of Justice Fund $ 83.45 19 Criminal Justice Ordinance Fund $ 340,408.01 20 Fire Contingency Fund $ 74,056.67 21 Fire Insurance Premiums Fund $ 62,158.27 22 Fire Pension Fund $ 4,406.38 24 Russellville Oakland Cemetery $ 60,231.10 TOTAL $ 1,104,837.16 Department Report: Mike Vernon, Animal Control. Mr. Vernon gave a 2013 year-end report for his department. Alderman Martin Irwin asked if there were any projects to be expected at the shelter. Mr. Vernon told him the shelter was at capacity and there was an ongoing discussion to possibly construct a new building that would allow them to hold more animals. Alderman Horton recognized Mr. Vernon for continuing his education to obtain his operator’s license from AEDQ to operation our yard waste facility. Mr. Vernon will soon complete that licensing process and receive the license. A licensed operator is required to be onsite. Committee Reports: Advertising and Promotion Commission: 1. Consideration to Appoint Mr. Tyler Riley, Manager at Hampton Inn to the A & P Commission—Alderman Randy Horton, Christi Graham A & P. Alderman Horton made the motion to approve the appointment with a second by Alderman Martin Irwin. Motion carries unanimously on a voice vote. 2. Consideration to Appoint Mr. Wesley White to serve as an at-large member on the Board of Adjustment, recommended and unanimously approved by the Planning Department. Alderman Martin Irwin made the motion to approve the appointment with a second by Alderman Richard Harris. Motion carries unanimously on a voice vote. Finance Committee: Aldermen Horton, Tripp, Roberts and M. Irwin (recommended 03/11/14) 1. Appropriation: Department: Administration Expenditure: 01-105-5214 Vehicle R & M $5,053.46 (Truck repair, insurance paid $4,053.46) 2  2. Appropriation: Department: Fire Expenditure: 01-111-5215 Travel/Training $ 745.00 (Education refunded-Luke Treat) 3. Appropriation: Department: Administration Expenditure: 01-101-5208 Miscellaneous $1,815.52 (2013 property tax on acquired property, Elmira). Alderman Randy Horton made the motion to approve Items 1 through 3 that was recommended for approval by the Finance Committee. Motion carries unanimously on a voice vote. Finance Committee Meeting Recommendations March 20, 2014 at 5:30 pm. Alderman Horton made the motion to approve Items 1 through 4 that was recommended for approval by the Finance Committee. Motion carries unanimously on a voice vote. Alderman Horton made the motion to approve the Resolution in Item #5. Motion carries unanimously on a voice vote. 1. Appropriation: Department: Capital Building R & M Expenditure: 04-109-5510 Building R & M $12,000.00 (New steel roof for 2 pavilions at Hickey Park and a building at Harmon Park. 45 year warranty). 2. Appropriation: Department: Administration Expenditure: 01-101-5208 Miscellaneous $ 1,000.00 (Blue & You Foundation for a Healthier Arkansas for our Wellness Program). 3. Appropriation: Department: Capital Fund Revenue: 01-101-1001 Cash ($2,510.20) From Revenue: 04-101-1010 Cash 2,510.20 To Expenditure: 04-113-5310 Building R & M $ 2,510.20 4. Appropriation: Department: Street Department Expenditure: 02-202-5192 Contract Labor $ 2,515.00 3  5. Consideration of Resolution # 1394 to Authorize the City Clerk to Apply for and Accept if Awarded a 1,000 Mini Grant from Blue and You Foundation for City Employee Wellness Program. Alderman Horton made the motion to approve the Resolution. Motion carries unanimously on a voice vote. Personnel Committee Report: Alderman Garland Steuber stated the committee is discussing the idea of hiring an additional city engineer and there would be a personnel meeting called for Friday afternoon. Unfinished (Old) Business: 1. Consideration of an Ordinance Pertaining to Capital Improvement Projects involving Public Funds or Public Property—Alderman Martin Irwin. (Withdrew by Sponsor). 2. Consideration of Ordinance # 2170 Amending the Zoning Code for the City of Russellville—Planning Commission. (third reading). Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation. Alderman Tripp seconded the motion. City Attorney Trey Smith read the Ordinance as requested. Alderman Martin Irwin made the motion to adopt with a second by Alderman Tripp. Motion carries on a 6-1 voice vote. Alderman Seth Irwin was absent at this time. Aldermen Steuber, Roberts, M. Irwin, Horton, Tripp and Alderwoman Harris voting in favor. Alderman Richard Harris voting nay. New Business: 1. Consideration of Resolution #1395 to Issue a Special Use Permit to Allow a Mechanic Shop for Property Located at 1209 East 14 th Street with the following conditions: (a) No dismantled vehicles allowed that is visible from the street (b) Must have a waste collection service Submitted by Daniel Hughes.(SP.14.02.120)—Unanimously recommended by Planning Commission with restrictions. Alderman Martin Irwin made the motion to adopt the resolution with a second by Alderman Steuber. Motion carries on an 8-0 voice vote. 2. Consideration of Resolution # 1396 to Issue a Special Use Permit to Allow a Used Car Lot for Property Located at 902 East 4th Street subject to the terms of his lease, submitted by Danny D. Delano. (SP.14.02.120). Alderman Steuber made the motion to adopt the Resolution with a second by Alderman Martin Irwin. Motion carries on an 8-0 voice vote. 3. Consideration of a Resolution Requiring the removal or razing of an unoccupied, dilapidated structure located at 416 South Ithaca Ave.; restoring the property up to 4  the Arkansas Fire Prevention Code and City Codes thereby protecting the health, safety and welfare of the public—City Attorney Trey Smith, Bill Clark Code Enforcement. Alderman Martin Irwin made the motion to postpone until April meeting. Alderman Richard Harris seconded the motion. Motion carries on an 8-0 voice vote. The Owner of the property sent a letter to City Attorney Smith and asked for additional time to renovate. 4. Consideration of a Resolution Adopting a Solid Waste Agreement for the City of Russellville, Arkansas, to apply for the next Five (5) Year Term of Service for the City of Russellville, Residential Customer Trash Service; to be included in as information in the Bid Packets during the invitation to Bid Process —City Attorney Trey Smith, Solid Waste Committee. Alderman Martin Irwin made the motion to postpone until April with a second by Alderman Horton. Motion carries on an 8-0 voice vote. Mr. George Wheatley with Waste Management spoke. Also Steve Mallet with City Corporation and Don Osmon with DC Trash and Tim Lewellan with Solid Waste Management Co. of Clarksville. 5. Consideration of a Resolution Organizing the City Council for Calendar Year 2014, Establishing Procedural Rules for the City Council—Alderman Tripp. (Withdrew by Sponsor). 6. Consideration of Resolution #1397 to set a Public Hearing requesting to vacate the northerly 30' of that portion of the 60' right-of-way of West 2nd Street that lies adjacent to and south of Lots 5, 6, 7 and 8 in Block 10 in the McClure and Bayliss Additions to the City of Russellville, submitted by Kirk and Dana Warren.—City Planner Harris. Alderman Horton made the motion to adopt with a second by Alderman Steuber. There was discussion whether this item should be heard due to the fact it had not been to the Planning Commission yet, which will meet on Monday. Alderman Martin Irwin called the question with a second by Alderman Richard Harris. Motion fails on a 4-4 roll call vote. Aldermen, Roberts, M Irwin, R. Harris, F. Harris voting in favor and Aldermen Horton, S. Irwin, Tripp and Steuber voting nay. Alderman Horton had made the motion to adopt and Alderman Steuber the second. Motion carries on a 7-1 voice vote. All Aldermen present voting in favor with the exception of Alderman Richard Harris voting nay. 7. Consideration of a Public Hearing and Resolution # 1398 to Apply, Accept and Award a Grant with Arkansas Economic Development Commission/General Assistance & Innovative for a Pavilion at the Depot—Mayor Eaton. Mayor Eaton opened the Public Hearing. Mrs. Betsy McGuire, Main Street Russellville spoke concerning the grant. Mayor Eaton closed the Public Hearing 5  when no one else came forward to voice their opinion. Alderman Martin Irwin made the motion to adopt with a second by Alderman Roberts. Motion carries unanimously on a voice vote. City Clerk Kathy Collins ran a public hearing notice on two different days in the Courier Newspaper announcing the public hearing date and time. 8. Consideration of Resolution # 1399 to Establishing a Residential Anti-Displacement and Relocation Assistance Plan for—Mayor Eaton. Alderman Martin Irwin made the motion to adopt with a second by Alderman Roberts. Motion carries on an 8-0 voice vote. 9. Consideration of Resolution # 1400 Establishing a Policy Prohibiting the use of excessive force by law enforcement agencies within the Applicant’s Jurisdiction against Individuals Engaged in Non-Violent Civil Rights Demonstrations-Mayor Eaton. Alderman Martin Irwin made the motion to adopt with a second by Alderman Roberts. Motion carries on an 8-0 voice vote. 10. Consideration of an Ordinance Amending Ordinance # 1564 and 2122, the Ordinances which regulate hunting and the discharge of firearms within the City Limits; Lowering the minimum acreage requirement necessary to hunt deer during an Official Urban Deer Hunt in the City of Russellville—Mayor Eaton. Alderman Martin Irwin made the motion to suspend the rules and read the Ordinance one time by title only with a short explanation for a first reading. Alderman Roberts seconded the motion. Motion carries on an 8-0 voice vote. City Attorney Trey Smith read the Ordinance as instructed. This time will be on the Agenda in April. 11. Discussion and/or approval to Bid or Decline to Bid and to Set a Process of Selecting a Solid Waste Hauler for a 5 year period—Finance Committee, Solid Waste Committee. Alderman Martin Irwin made the motion to bid the Solid Waste Hauler Contract. Alderwoman Freddie Harris seconded the motion. Motion carries on an 8-0 voice vote. Adjournment: Motion to adjourn made by Alderman Martin Irwin at 7:15 pm. ATTEST: Mayor Bill Eaton Kathy Collins, City Clerk Date approved by Council: 04/17/2014 6