City Council

MINUTES Regular Scheduled City Council Meeting City Hall Council Chambers December 21, 2017 at 6 pm. Welcome and Call to Order: Mayor Randy Horton Invocation was given by Chaplain Harry Komprood Roll Call: Quorum declared. Officials Present; Mayor Randy Horton, City Clerk Pat Taylor, City Attorney Trey Smith, councilmen Brown, Carruth, George, Harris, Simms, Tripp, Wiley, and Westcott. Guests Present: Phil Hutchison, David L. Vance, David Garza, A.J. Walsh, James Walden, Henry Walden, Lisa and Tanner Everhart, Linda and Phil Hutchison. Finance Report: Jerry McKaughan, month ending November 30, 2017 General Fund Balance $ 1,309,294.56 Street Fund Balance $ 2,950,275.32 Street Sales Tax Fund $ 10,471,085.30 State ½ Cent Tax $ 34,125.93 2003 Economic Development Fund $ 1,451,659.69 2007 Economic Development Fund $ 1,962,744.54 2014 Economic Development Fund $ 695,346.33 Convention Center $ 2,467,974.80 Capital Assets Fund Balance $ 1,132.262.03 Special Funds Balance $ 1,337,397.42 Emergency Reserve—General $ 1,100,000.00 Cemetery Association Trust—Market Value $ 247,445.20 Special Funds Balance 12 District Court Costs Fund $ 85,200.79 13 No Vehicle Insurance Fund $ 36,495.86 14 Parks & Recreation Special Fund $ 49,934.45 15 Police Training Fund $ 126,168.39 1 16 Police Pension Fund $ 70,652.80 17 Court Automation Fund $ 416,423.63 18 Administration of Justice Fund $ 250.00 19 Criminal Justice Ordinance Fund $ 262.877.40 20 Fire Contingency Fund $ 93,474.05 21 Fire Insurance Premiums Fund $ 140,323.59 22 Fire Pension Fund $ 1,376.03 24 Russellville Oakland Cemetery $ 54,220.43 _________________ TOTAL $ 1,337,397.42 Russellville Oakland Cemetery November 31, 2017  Has an investment of IShares $122,532.28  Genworth Market Value $105,514.20  $19,393.80 Cash Mayor’s Report: Housekeeping: Mr. Boyd has elected to step down and Peggy Stratton is stepping off the board so we need two vacancies filled. I nominate Mr. Luke Duffield and Mr. Don Jacimore to fill the positions. Unanimously confirmed by the council. Mayor Horton: Council, you took action to approve a bond for Conagra expansion, and Ms. Taylor and I signed off on the bond this afternoon. 12/21/2017. To update you, at the Alliance Banquet Conagra stated that the $9,000,000 they put into construction was just a beginning, when they asked for those bonds they thought at first that this would provide 30 jobs but 165 jobs are now projected. Department Report: No report. Committee Reports: Finance: Chair is Councilwoman Harris, Councilmember Larry Brown, Councilmember Robert Wiley and Councilmember Eric Westcott. (Recommended from meeting on 12/12) I am consolidating these appropriations and they are Line Items 1,2,3,4,5,6,7. We have had much discussion on these but I present them in the form of a motion. 2 Mayor Horton: Councilwoman Harris has presented these in the form of a motion, is there any question on that? (Silence) In that case, all in favor of approving Line Items 1-7 say aye. Passed with no dissension. Harris: Item number 8 relates to a bid for the South Vancouver drainage and I present it as a motion. Horton: Are there any questions or discussion? Harris asked if we would need an appropriation for the money? Mr. McKaughan: No, it’s already in the budget. Horton: We had a speaker signed up on that, Mr. Hutchison are you wanting to speak? Mr. Hutchison stated his many and varied qualifications to speak on this subject and reported that he was not happy with the pipe size being used. He asked that the project be put on hold until a study could be done in regard to the pipe size, which he stated was too small according to specifications; giving details about why. He stated he was surprised to see concrete structure and that would block the addition of larger pipes later on if they were needed. Horton: is there any discussion? I spoke with Mr. Jones and he stands by his calculations. Is there any discussion? (Silence) The Ordinance was passed with one dissenting vote which was Mr. Westcott. Harris: this is all I have for the 12th. We met again tonight (12/21/17) and again I am going to consolidate. Items: 1,2,3,4,5,6,7,8,10,11,12, these are all year-end housekeeping. Harris made a motion and it was passed no dissension. Harris: Item 13 is the consideration for the Alliance monthly payment for the $7,345.00, I present that in the form of a motion. Item 14 is the consideration of the 2018 Budgets, I present all of those in the form of a motion. Passed with no dissension. Item 15, consideration to change the charge for the swim team meets, going from $100 down to $60. We’ve had discussion on that tonight but I present that in the form of a motion. Passed with no dissension. (Discussion had been brought by Mr. A.J. Walsh and ?? who argued that most other aquatic centers did not charge as much so they had more swim team signing up for meets.) Harris: Items 16 and 17 are tabled. Harris: Item 18, I present that in the form of a motion. Smith: It’s an ordinance. Westcott: Motion to suspend the rules with a short explanation. 3 Seconded by Councilman Wiley who asked that the reading be one time by title only. Horton: voting on the motion to suspend the rules. Passed with no dissension. Horton: Mr. Smith? Smith: (Reads) Ordinance being the penalty section of ordinance 1811, this ordinance if passed would amend ordinance 1811, section 17, which is the penalty section of that ordinance which would bring the fines up to the current state law cap which was changed early this year in the legislative session. Westcott: Motion to adopt the emendation of ordinance 1811. Seconded by Wiley, passed no dissension. Wiley: Motion to adopt the emergency clause. Seconded by Mr. Wiley. Passed no dissension. Horton: Chair, Item 18 is approved and the emergency clause is adopted. Harris: Mayor, that’s all I have. Horton: Thank you Ms. Harris. Chairman Simms? Personnel Committee: Councilmembers Carruth, Sims, Tripp, and George. Mr. Simms: The Personnel Committee did not meet this month because we had some items that were tabled by the council or not brought back to the committee. However we have some items that were tabled at last month’s meeting. Councilwoman Carruth made a motion to refer Personnel Items 1 and 2 back to committee, this was seconded by Alderman George and passed with no dissension Old Business: Item One: Horton: As was stated earlier, Mr. Jones is on vacation but he left you an update on his projects, we’ll revisit that in January if that’s ok. Tripp: If its ok I’d like to make a motion to table this in light of Mr. Jones being out of town, not making light of this issue or to discount any resident here about this on-going issue but…and again, we will be reviewing that but we will be reviewing the 5-year master plan to vote on that in January and that will allow Mr. Jones to be here and discuss some of this. Seconded by? Passed with no dissension. Horton: Old Business one is tabled and Old Business 2 is an ordinance. 4 Westcott: Motion to suspend the rules, read by title only, for the first reading only with a short explanation. Tripp: Second. Passed with no dissension. Horton: Mr. Smith? Old Business: Item 2: Smith: An ordinance amending Zoning Code for El Paso and University. Ordinance 1966. This ordinance if passed would create a University/El Paso rezoning. With this ordinance is the attachment that would show what the El Paso/University regulating plan is, as well as the code created under Article 2, Section 18, and Subsection 1. This is a new addition to the zoning code. Horton: This is it for the first reading, we’ll have a second reading in January. Any other reaction to that? Mr. Westcott, you are the liaison, and you were there this week at the town hall meeting? Westcott: That’s correct, and we had a meeting there Monday night, it was very well attended. I’d like to give the residents a chance to hear more about this, and become more involved if they have any more questions before it’s decided in full. Horton: Very good, thank you. Horton: That brings us to New Business 1. Westcott: Motion for the first reading by title only with a short explanation. Tripp: Second. Harris: Questions which item it is. And states: you’ll have to do a public hearing. Motion to suspend the rules passed. No dissension. Smith: An ordinance vacating and abandoning a part of the North five feet of the fifteen foot wide alley that runs south of lot 10 and 11, Block 7, College Hill Addition to the City of Russellville, Pope County, Arkansas: and for other purposes, if passed would vacate the aforementioned footage in the south of lot 10/11 block 7 of the College Hill Addition, City of Russellville. Horton: The public hearing is open. David L. Vance spoke on this subject, representing Mr. Robert Lynn Roberts and stating that all his parking spots are on this alley, and taking this footage could affect whether or not some vehicle could get out. He stated that when the original proposal had come out to close the 5 whole alley he proposed that they just close the N. 2 ½ ft. because even that 5 feet could keep some vehicle from being able to turn around. Also that the next owner could easily be Arkansas Tech, who may put up an iron fence and someone could back into the fence because they don’t have enough room. He stated that he’d like it to go back to the original 2 ½ ft. that we’d originally discussed. Horton: Does anyone else want to speak? Mary L. Golden: Representing Moore Realty, and a client. The reason that we are asking for the 3 foot encroachment to be removed is because we cannot get a loan approved with that encroachment there. So we will lose a new business owner. Mr. Jones has brought the petition and is my client. He’s not here due to illness …and this business will not be operating at the same time that Mr. Roberts is operating, and although this is public property we are just asking for enough to get that encroachment off that title work. Horton: Anyone else wish to speak? (Silence) We declare the public hearing closed. That is reading one, we will bring it back for reading two in January. I’d like to pass it tonight but we must have three readings or three separate hearings. Golden: I spoke to a number of people involved at the Planning Commission and other people involved, and we were under the impression that we were going to be able to make an emergency clause and be able to sign off on this if we were going to be able to get it approved. Horton: And passed. That would be the case if it were passed but typically it takes three reading over three separate meetings. On certain items the Council decides to waive that but on this motion the Council decided to do the first reading only. Council, unless you feel any different? (Silence). George: The coverage we are talking about is really 2 ½ feet, right? If it was my business, I’d want to…..I make a motion to run back what we started. Horton: Let me talk a little procedure here. (Discussion) Horton: The motion we made was for the first reading only. If someone wants to you can make a motion for the second reading to be done tonight. George: I would like to make a motion for the second and third reading. Horton: So you want to suspend the rules, title only, for the second and third reading, George: Yes. Wiley: Second. Horton: For everybody’s clarification you are voting to suspend the rules on the second and third reading. 6 Councilors Brown, Harris, George, Wiley voted yes. Councilors Simms, Tripp, Westcott and Carruth voted no. Motion failed. Horton: So we’ll bring it back for the second and third reading in January. That’s the best we can do. New Business II Resolution: To set a meeting for January 18 on vacating the right of way (S. Greenwich) Wiley: Motion Brown: Second. Horton: This is a resolution. All in favor of setting a public hearing say aye. All opposed. Motion passed no dissension. Horton: So we’ll have a public hearing on next month’s meeting. Wiley: Mayor, we’ve got a late item agenda. Horton: Yes, sir, we’ve got a couple of late items. Mr. Wiley. Wiley: The first one is Mr. Garza wants a public hearing set, and I make a motion we set a public hearing for the first one. Horton: As far as procedure, first we have to add it. You are making a motion to: Wiley: Add Westcott: Second. (Discussion) Motion passed, no dissension. Horton: The motion to add is confirmed. Wiley: I make a motion we set a date for the first one, the property on Parkway. Westcott: Second. Horton: This is an ordinance, Mr. Wiley. Wiley: Motion to suspend the rules and read with title only short explanation. Smith: How many times? Wiley: Just for the public hearing. Horton: Mr. Garza would you come up and talk to us for a minute? 7 Garza: Because of the Christmas holidays, this month was atypical in that the Planning Commission met before the city council. Which is not the normal case, and the planning commission did recommend approval to the City Council of Rezoning request from the Domus Development Corporation out of Dallas, Texas, of the property on West Parkway. The next step then would have been to come to the City Council on the next meeting to set the public hearing date for the second month to have the public hearing. In this case, since the Planning Commission met BEFORE the City Council, we are asking that you go ahead and set that date for next month. Harris: Set it for next month? Garza: Yes, so there’ll be no discussion, just setting the public hearing date for next month. Wiley: At the council meeting. Garza: Correct. Wiley. That’s my motion. And that’s my second. Horton: So we are just setting a public hearing, we’ve got a motion and a second, is there any discussion? (Silence) Passed with no dissension. Horton: So we are setting a public hearing for the January meeting. Wiley: What’s that next one now? Horton: The next one is an ordinance for the final plat of the center phase three subdivision. Wiley: Motion Horton: Motion for one reading or three readings? Wiley: One reading. Horton: The typical suspend the rules by title only for one reading? Wiley: Yes. Brown. Second. Horton: Motion from Mr. Wiley and second from Mr. Brown to suspend the rules for one reading only. Read by title only. Tripp: So this is the first of three? Horton: First of three. 8 George: So this is going to be done in three months, not all tonight? Tripp: So can we amend that motion to have discussion after or in with it just to make a point to clarify something on this? Wiley: Yes. Tripp: I’d like to amend that for some discussion first if that’s ok. Wiley: That’s ok. Westcott: Second. Wiley: After we get a first or second, we can discuss it then. Smith: Not on a suspension rule. Tripp: Do you want to make that part of your motion? Wiley: Motion for discussion after it’s passed. Tripp: I’d amend that to a motion for discussion before it’s passed. Wiley: I withdraw my motion. Tripp: I’d like to make a motion for discussion. Horton: Tripp is making a motion for discussion. Second? Westcott: Second. Horton: All in favor say aye. Horton: No? Wiley: No. Inaudible discussion from Wiley. Tripp: Mayor, I’m not sure if this is the most up-to-date information or not but it’s been brought to my attention that maybe the Russellville School District has a concern over the adoption of the final plat of how it was originally platted, and there’s discussion of having a drainage easement added to the plat. Horton: ok. Tripp: And until that drainage easement is added to this plat, I would like to hold off on it. Horton: Is that something that could be done between the first and third readings? Tripp: Well, you’d have to start over in essence, but they had a drainage concern as I called you when I received the call and we went out there and it’s my understanding that they had talked 9 again, and there’s a resolution for it, they just want to make sure the resolution gets added to the plat. Because if it’s not added to the plat, there’s no enforcement after the fact. Simms: Question, will they represent it at the public hearing? Will they represent it at the planning commission on this issue? Horton: Mr. Westcott, do you remember any discussion on the night of planning on this? Westcott: No sir, I don’t remember hearing any discussion on it? Simms: I guess my question is how did this all come up? We get this far in the process, and now we are just now hearing about this request. Tripp: Mayor, how long ago did I call you? Six weeks, eight weeks ago? I received a phone call six weeks ago, I called the Mayor, we met out there, and then I believe Mr. Jones has met out there with them since then. Sims: Ok, so who is it going to take to answer whether or not it’s been done to their satisfaction? Horton: We’ll get with Mr. Jones, we’re just going to do one reading tonight, we can clean it all up in January. Tripp: There’s a utility easement shown, there’s not a drainage. Wiley: Mayor, am I incorrect in saying there’s a holding pond out there on the west side, they built that about two or three years ago. Mayor: On the west side, I think so. But they didn’t actually ask for us to take it up tonight, we just put in on the agenda, so it’s fine with me if we want to wait. Tripp: How about a motion to table this until next month, because if we do the first of three readings and change it we’ll have to start over anyway. Horton: Motion and a second to table. Passed That cleans us up for tonight except to hope that you are all safe and well fed when we see you again. Motion to adjourn? 10 11