MINUTES Russellville City Council Meeting Thursday, May 16, 2024 at 6:00 p.m. Welcome and Call to Order.. Mayor Fred Teague Moment of Silence Roll Call. Gina Skelton, City Clerk-Treasurer Attendees. Mayor Fred Teague, City Attorney Trey Smith, City Finance Director, Ashley Rogers, City Clerk Gina Skelton. Councimember's Eric Westcott, Justin Keller, Nathan George, Michelle Barraza and Seth Bradley were present. Council Member's, Emily Young and Paul Gray were absent. Approval of Minutes. April 18, 2024 Motion to Approve the April 18, 2024 Minutes was made by Mr. Westcott, Second by Mr. Keller. Motion passed and minutes approved. Voice vote 6-0. Financial Report. Highlights: Ashley Rogers, Finance Director May 16, 2024 $433,927 $539,724 City Sales Tax Receipts County Sales Tax Receipts Parks, Capital, Econ Dev Interest Received General Fund Street Fund 2021 1 Cent Sales Tax Receipts $867,854 $607,499 Streets $86,785 $242,544 $2 28,388 $143,489 All Other Funds $ 70,667 GENERAL FUND REVENUES: April operating revenues totaled $1,710,790 compared to $1,411,935 for the same period last year. YTD operating revenue is 2.13% above budget. April sales tax collections and turnback totaled $1,003,306 compared to same period last year of EXPENDITURES: April expenditures totaled $1,686,494, comprised of Personnel Related Expense of $1,165,296.35. Utilities & Other Expense were $521,198. YTD $940,898. Franchise fees and permit revenues totaled $415,433. expenditures were 1.71% above budget projections. STREET FUND REVENUES: April street revenues totaled $994,447; 2021 Sales Tax $607,499, State Turnback and Advalorem Tax $225,052, Interest $143,489, State % Cent Road Tax revenue $601, and Street Cutting Permit $4,600. Street Operating Revenues were 20% EXPENDITURES: Operational expenditures for April were $198,122 comprised of Personnel Related Expense of $132,863 and Utilities & Other $65,259; Capital Spending was $182,039 for cost remaining on the sign printer and (3) trucks; Street Sales Tax Improvement Spending was $362,937 for Downtown Improvements and Prairie Creek Acquisitions; 2021 Street Sales Tax Spending was $292,583 for S Knoxville Sidewalk Construction, Drainage Maintenance, Downtown Improvements and above budget. Pavement Preservation. ECONOMIC DEVELOPMENT FUNDS REVENUES: April revenues totaled $122,528; New sales tax & rent revenue of $95,785 and interest of $26,743. EXPENDITURES: $23,344 expended from Fund 27 in April for Workforce Development Services. CAPITAL ASSET FUND REVENUES: Total revenue was $2,491 in Interest. EXPENDITURES: April expenditures were $53,940 for building updates. Fund Balance 03.31.24 3,500,000.00 455,016.81 464,570.81 12,209,230.45 547,676.48 2,143,912.48 1,754,096.82 866,141.70 62,261.62 37,894.82 36,908.85 19,808.24 535,785.71 1,507.10 90,424.45 144,466.56 150,445.88 120,302.88 124,156.80 2,803,660.16 20,543.60 1.00 36,481.19 1.00 122,144.79 April 2024 Receipts Disbursements 600.70 20,351.28 2,491.33 96,695.89 94,800.56 63,040.95 3,683.70 2,948.06 8,791.56 1,104.99 6,222.31 43,091.92 6,767.34 697.56 684.49 5,069.40 12,755.89 93.47 97,014.13 148.54 80,944.76 Fund) Balance 04.30.24 2,825,091.39 3,500,000.00 2,855,522.91 272,977.90 465,171.51 11,846,293.86 15,412,526.71 2,508,537.27 496,227.86 2,240,608.37 1,840,897.38 928,963.00 63,757.76 40,842.88 39,045.43 20,913.23 539,316.56 1,618.10 94,419.79 140,124.43 151,130.37 1,119,288.99 154,844.05 2,816,416.05 20,637.07 2,083,463.45 1.00 31,629.73 1.00 243,684.59 52.753,952.64 Fund Number Fund 01 Fund 01 Fund 02 Fund 02 Fund 02 Fund 02 Fund: 28 Fund 03 Fund 04 Fund 07 Fund 13 Fund 15 Fund 21 Fund 23 Fund 24 Fund 25 Fund 26 Fund 31 Fund" Title General! Fund Emergency Reserve General Street Fund Operating Street Fund Capital Road Tax Street) Fund 2014 Street Sales Tax Fund 2021 Street Sales Tax: Fund 2003 Economic: Development: Fund 2,488,185.99 Capital Asset Fund 2021 Sales Tax Capital Fund No Vehicle Insurance Fund Police Training 2,811,525.85 1,710,789.71 1,697,224.17 2,735,853.43 317,912.50 198,243.02 15,029,175.98 675,933.57 292,582.84 182,038.91 362,936.59 53,939.95 8,000.00 219.65 2,187.56 6,654.98 2,691.46 42,980.92 2,772.00 5,039.69 89,615.63 23,344.00 5,000.00 122,144.79 Fund 08 2021 Parks & Rec Special Fund Fund 10 EMS Services Fund Fund 12 District Court Costs Fund Fund 14 Parks & Rec Special Fund 17 Court Automation Fund 18 Administration. ofJ Justice Fund Fund 19 Criminal: Justice Ordinance: Fund Fund 20 Fire Contingency: Fund Fire Insurance: Premiums Fund 2007 Economic Development Fund 1,114,219.59 Russellville Oakland Cemetery Russellville Convention Center 2014: Economic: Development Fund ACEDP Grant) Phoenix Inn. Fund Fund 27 2021 Economic: Development: Fund 2,009,793.32 Fund: 29 Federal Grant. Activity Fund Fund 30 Latimore Tourist Home Fund Perpetual Care Oakland Cemetery: Perpetual Care 162,739.83 Genworth 52,474,777.39 3,376,791.41 3,097,616.16 City of Russellville Equipmer nt Lease Liability @ 04/30/24 Months Liability @ Lease Agreement In Fund 01 General. Fund LEAF LEAF Pitney Bowes Pitney Bowes Purpose Kyocera 6053 Printer Kyocera 4054ciPrinter SendPro Postage Machine Beginning Ending Remaining Total Cost 04/30/24 12/14/20 12/14/27 20 340.22 $ 6,804.40 03/26/24 03/26/29 59 $ 168.48 $ 9,940.32 11/16/20 11/16/26 20 $ 53.88 $ 1,077.57 SendPro C Auto Postage Machine 04/01/23 04/01/28 46 $ 151.35 $ 6,962.10 In Fund. 101 EMS Services. Annual. Payments Huntington: Nationall Bank (2) Ram 5500 Ambulances ZolMedical Corporation Monitor/Defbrilator Stryker Sales/Flex Financial (3) Ambulance Cots Other General: Fund Liabilities @ 04/30/24 09/01/22 09/01/27 08/19/22 09/01/24 12/01/22 12/01/27 $14,385.38 $(1,438.70) (17.91) $ 251.00 $ 771.03 1,991.22 $ 6.00 $ 750.00 $ 364.67 $ 251.64 $ 47.00 $ (3,980.00) $ 339.81 $ $ $60,678.81 $198,011.19 $39,249.18 $ 13,027.67 $59,632.49 $178,897.47 Totall Lease Liability $414,720.72 In General. Fund State Taxes Payable LOPFI, Firel Pensionl Payable Non-Uniform: Pension! Payable Group Insurance: Payable Misc Payroll Deduction: Payable $ 165.06 American] Fidelity) Payable Flex Payable FOP) Dues Payable 457 Plan) Payable Gamishment Supplementall Life Payable PBAI Dues Payable IRA TxLife Insurance Accounts Payable Accounts Payable APERS Employee Contribution $ (6.42) Total Other Liabilities $13,879.78 In Street Fund In EMS Services Mayor's Report. Item 1. Consideration of the Appointment of Seth Boone to the. A &P Board. Motion to Approve Item 1 for the Appointment of Seth Boone to the A &PE Board was made by Mr. Olson and Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. Departmental Report. Public Works Planning commission provided a presentation and information for projects that have been completed within the city, progress on ongoing projects and upcoming projects to take place. Personnel Committee. Paul Gray (Chairman), Seth Bradley, Michele Barraza and Emily Young. No Report. Finance Committee. Eric' Westcott (Chairman), Nathan George, Justin Keller and Chris Olson. Item 1. Consideration Resolution No. 2244 Accepting a BID from Edwards Constructive Solutions, Inc. for the 2024 S. Phoenix Ave, E. 4th Street, & Sequoyah Way Sidewalk Maintenance Project for the City of Russellville, Arkansas; Authorizing the Mayor and City Clerk Treasurer to Enter Into an Agreement With Edwards Constructive Solutions, Inc. to Construct the 2024 S. Phoenix Ave, E. 4th Street, & Sequoyah Way Sidewalk Maintenance Project for the City of Russellville; and for Other Purposes. Motion to Adopt Finance Item 1 was made by Mr. Westcott. Motion Consideration Resolution No. 2245 Accepting a BID from Western Millwright for the 2024 S. Tampa Ave. from E. 20th Street to E. 16th Street Sidewalk Connectivity Project for the City of Russellville, Arkansas; Authorizing the Mayor and City Clerk Treasurer to Enter Into an Agreement With Western Millwright to Construct the 2024 S. Tampa Ave. from E. 20th Street to E. 16th Street Sidewalk Connectivity Project for the City of Russellville; and for Other Purposes. Sponsored by Public Works Motion to Adopt Finance Item 2 was made by Mr. Westcott. Motion Consideration Resolution No. 2246 Accepting a BID Authorizing the Mayor and City Clerk Treasurer to Enter Into an Agreement With Pina Gonzalo Landscaping, Inc. From April 15, 2024 to April 15, 2025; for Landscaping Services in Downtown Russellville, and for Other Purposes. Motion to Adopt Finance Item 3 was made by Mr. Westcott. Motion Sponsored by Public Works Department Passed. Voice Vote 6-0. Item 2. Department Passed. Voice Vote 6-0. Item 3. Sponsored by Public Works Department Passed. Voice Vote 6-0. Appropriation. Item 4. Appropriated from the 2021 Parks and Rec Special Fund the sum of $147,429.41 to be used for the following purposes: Add ADA parking spaces and pave the gravel road around community fishing pond. EXPENDITURE: DEPARTMENT: PARKS AND RECREATION 08.109.5609 PARKING LOT IMPROVEMENTS $147,429.41 Motion to Adopt Finance Items 4 and 4a was made by Mr. Westcott. Consideration Resolution No. 2247 Accepting a BID From With Curb Time Solutions, LLC, d/bla T&T Asphalt Paving; for Construction of an Asphalt Access Road at Pleasant View Park Fishing Docks; to Authorize the Mayor and City Clerk Treasurer to Execute an Agreement With Curb Time Solutions, LLC, d/bla T&T Asphalt Paving; and for Other Purposes. Motion to Adopt Finance Items 4 and 4a was made by Mr. Westcott. Motion Passed. Voice Vote 6-0. Item 4a. Sponsored by Parks & Rec Department Motion Passed. Voice Vote 6-0. Item 5. Appropriation. Appropriated from the General Fund 2023 Year End Carry Over Balance the sum of $3,000.00 to be used for the following purposes: COMMUNITY CHRISTMAS PARADE FUND: PARKS AND RECREATION SPECIAL (Fund 14) DEPARTMENT: PARKS AND RECREATION (Department 109) EXPENDITURE: 14-109-5828 COMMUNITY CHRISTMAS PARADE $3,000.00 Motion to Adopt Finance Item 6 was made by Mr. Westcott. Motion Passed. Voice Vote 6-0. Appropriation. Item 6. Appropriated from the General Fund 2023 Year End Carry Over Balance the sum of $15,000.00 to be used for the following purposes: COMMUNITY FIREWORKS DISPLAY FUND: PARKS AND RECREATION SPECIAL (Fund 14) DEPARTMENT: PARKS AND RECREATION (Department 109) EXPENDITURE: 14-109-5807 COMMUNITY FIREWORKS DISPLAY $15,000.00 Motion to Adopt Finance Item 6 was made by Mr. Westcott. Motion Passed. Voice Vote 6-0. Appropriation. Item 7. Appropriated from the General Fund 2023 Carry Over Balance for the General Fund the sum of $4,089.68 to be used for the following purposes: Purchase of Two AEDs for City Offices Deployment- Specific to Hickey Park FUND: GENERAL FUND DEPARTMENT: ADMINISTRATION EXPENDITURE: 01-101-5216 SMALL TOOLS & EQUIPMENT $4,089.68 Motion to Adopt Finance Item 7 was made by Mr. Westcott. Motion Consideration of a Resolution to Authorizing the Selling of Surplus Personal Property to the City of Dardanelle, Arkansas and for Other Passed. Voice Vote 6-0. Item 8. Purposes. Sponsored by RFD A.C.A. 14-54-302 (d) Municipal personal property to be disposed of as one (1) unit shall not be sold without competitive bidding ift the amount exceeds twenty thousand dollars ($20,000) or the maximum provided by resolution, unless the mayor certifies in writing to the governing body of the municipality that in his or her opinion the fair market value of the item or lot is less than the (e)(1) Ifpersonal property of the municipality becomes obsolete ori isr no longer used by a municipality, the personal property may be: (B) Sent to the Marketing and Redistribution Section of the Office of State (C) Transferred to another governmental entity within the state; or amount established by ordinance. (A) Sold at public or internet auction; Procurement; (D) Donated under this section. Motion to Remove Finance Items 8 and 9 was made by Mr. Westcott. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. Consideration of a Resolution to Authorizing the Selling of Surplus Personal Property to the Unincorporated Town of Moreland, Arkansas and Item 9. for Other Purposes. Sponsored by RFD A.C.A. 14-54-302 (d) Municipal personal property to be disposed of as one (1) unit shall not be sold without competitive bidding ift the amount exceeds twenty thousand dollars ($20,000) or the maximum provided by resolution, unless the mayor certifies in writing to the governing body of the municipality that in his or her opinion the fair market value of the item or lot is less than the (e)(1) If personal property of the municipality becomes obsolete or is no longer used by a municipality, the personal property may be: (B) Sent to the Marketing and Redistribution Section of the Office of State (C) Transferred to another governmental entity within the state; or amount established by ordinance. (A) Sold at public or internet auction; Procurement; (D) Donated under this section. Motion to Remove Finance Items 8 and 9 was made by Mr. Westcott. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. Consideration Resolution No. 2248 Amending the City Council of the City of Russellville, Arkansas, Rules of Procedure and Standing Rules for Calendar Year 2024 Adopted by Resolution No. 2215 by Setting a Cutoff Date for the Submission of Agenda Subjects or Items on City Council Committees Agendas and for Other Purposes. Sponsored by City Clerk Motion to Adopt Finance Item 10 was made by Mr. Westcott. Motion Consideration of Reimbursement Request for the 1st Quarter Expenses for 2024 from Arkansas Valley Alliance in the amount of $20,278.58 for the 1st Quarter 2024. **This Finance Item was Tabled at the April 18, 2024. Motion to Table Finance Item 11 was made by Mr. Olson. Motion Item 10. Passed. Voice Vote 6-0. Item 11. Passed. Voice Vote 6-0. From 5:30 p.m. Finance Meeting Item 1. Appropriation. Transferred from the General Fund to Latimore Tourist Home Special Fund the amount of $68,000 to cover invoices incurred in Implementation of Phase 2 of the Latimore Tourist Home Restoration Project. Once the invoices have been reimbursed by AHPP, the full $68,000 will be FUND: Latimore Tourist Home Special Fund (30) transferred back to the general fund. REVENUE: 30-101-4171 TRANSFER OF FUNDS $68,000.00 $68,000.00 $68,000.00 ($68,000.00) EXPENDITURE: 30-101-6004 TRANSFER TO GENERAL FUND 01-101-6008 TRANSFER BETWEEN FUNDS 01-101-6008 TRANSFER BETWEEN FUNDS Motion to Adopt Finance Item 1 was made by Mr. Westcott. Motion Passed. Voice Vote 6-0. Appropriation. Item 2. Appropriated from the General Fund 2023 Year End Carry Over Balance the sum of $16,805.42 to be used for the following purposes: Lane ropes, storage reels, and covers for MJ hickey Pool FUND: GENERAL FUND (FUND 01) DEPARTMENT: EXPENDITURE: SWIMMING POOL (Department 108) 01-108-5363 SWIMMING POOL GENERAL IMPROVEMENTS Motion to Adopt Finance Item 2 was made by Mr. Westcott. Motion Consideration Resolution No. 2249 Accepting a Bid from CARDS River Valley for the Exclusive Citywide Residential Solid Waste Service for Five Motion to Adopt Finance Item 3 was made by Mr. Keller. Seconded Passed. Voice Vote 6-0. Item 3. (5) Years by Mr. George. Voice Roll Call. Yes Keller George Olson Bradley No Westcott Barraza Mr. Westcott stated that he did not want to put the Mayor in the situation of a tie breaker so he made a Motion to Change his vote to 'Yes". Motion Passed. Voice Vote 5-1. (Mrs. Barraza voting "No".) Item 3a. Consideration of a Resolution Accepting a Bid from LRS for the Exclusive Citywide Residential Solid Waste Service for Five (5) Years From Ark. Op. Att'y Gen. No. 2000-255 (Oct. 20, 2000): "Although the Arkansas Supreme Court has not addressed the precise question, ith has held that municipalities may use their discretion to consider various factors other than amounts in evaluating the acceptability The court has consistently interpreted the term "lowest responsible bidder," as used in statutory language, broadly enough to allow the deciding body to reject the lowest bidder (as well as other bidders) on the grounds ofi factors other than the amounts of the bids. Indeed, the court has made the general observation that "the phrase lowest responsible bidder' in a statute providing for competitive bids before awarding contracts for certain public improvements implies skill, judgment and integrity necessary to a faithful performance of the contract, as well as sufficient financial resources and ability." Fletcher V. Cherry, 207 Ark. 650, 651, 182 S.W.2d 211 (1944), quoting Williams V. City of Topeka, et al., 85 From Conway Corp. V. Constr. Engineers, Inc., 300 Ark. 225, 231, 782 S.W.2d 36, 39 (1989), citing Worth James Constr. Co. V. Jacksonville Water Comm'n, 267 Ark. 214, 590 S.W.2d 256 (1979): "The municipal entity] had the discretion to reject [the lowest bid] SO long as the rejection was for goodcause and in good faith." From Ark. Op. Att'y Gen. No. 99-067 (Mar. 5, 1999): of bids. Kas. 857, 118 P. 864, 38 L.R.A., N.S., 672." "The school district in question may reject the lowest bidder if it does sO in good faith, and that its good faith will be bolstered by its relianceon substantiated facts, as well as its thorough investigation of the workmanship of the lowbidder." Motion to let LRS speak was made by Mr. George and seconded by Motion to Adopt Finance Item 3a was made by Mr. Westcott. There Mr. Keller. Motion Passed. Voice Vote 6-0. was not a second so Motion Failed. Unfinished (Old) Business. Item 1. An Ordinance Submitting to the Voters of the of the City of Russellville, Arkansas and Other Affected Persons, the Question of Annexation to Said City of Russellville Certain Contiguous Territory as Described by the Legal Description and Map attached With This Ordinance and Incorporated by Reference and for Other Purposes. Second of Three Readings. Submitted by Mayor Fred Teague. Mr. Westcott made a Motion for Old Business Item 1t to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. Consideration of Amending the Zoning Code for the City of Russellville, Arkansas, Ordinance Np. 243 and for Other Purposes. Second of Three Mr. Westcott made a Motion for Old Business Item 2 and 2a to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Consideration of Amending the City Code for Offenses Involving Public Safety, Health and Welfare, Article II, Chapter 3, Sections 5.3.2 and 5.3.2.1, Adopted by Ordinance No. 2477 and Other Purposes. Second of Three Readings. Submitted by the Planning Commission Mr. Westcott made a Motion for Old Business Items 2 and 2a to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Consideration of an Ordinance Approving the Final Plat of Scenic way Village Phase 1, and Accepting the Dedication of the Easements to the City of Russellville, Arkansas and for Other Purposes. Second of Three Readings. Submitted by Planning Item 2. Readings Submitted by the Planning Commission Vote 6-0. Item 2a. Vote 6-0. Item 3. Commission Mr. Westcott made a Motion for Old Business Item 3 to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. New Business. Item 1. Public Hearing Public hearing was opened up at 6:46 and closed at 6:46. No one Consideration of an Ordinance Vacating and Abandoning a Portion of a Twenty-Five Foot of N Knoxville Avenue Along Lots 5-8, Block 11, Gene Renfroe Addition, City of Russellville, Arkansas, and for Other Purposes. Submitted by Connect Church. Unanimously recommended by the Mr. Westcott made a Motion for New Business Item 1a to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. showed up to speak on New Business Item 1. Item 1a. Planning Commission. Item 2. Public Hearing Public hearing was opened up at 6:48 and closed at 6:48. No one Consideration of an Ordinance Vacating and Abandoning a 60' Portion of W13th Street Right-of-Way Between Lot 4 Blk 11 and Lot 1 Blk 12, Southlawn Heights Addition, City of Russellville, Arkansas, and for Other Purposes. Submitted by Barrett & Associates on behalf of Eddie Rood. Unanimously recommended by the Planning Commission. Mr. Westcott made a Motion for New Business Item 2a to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. showed up to speak on New Business Item 2. Item 2a. Item 3. Public Hearing Public hearing was opened up at 6:49 and closed at 6:49. No one Consideration of an Ordinance Vacating and Abandoning a Portion ofW "C"S Street Right-of-Way Between Blocks "F"&" "G, Hall Addition, City of Russellville, Arkansas, and for Other Purposes. Submitted by Barrett & Associates on behalf of Jim Knight. Unanimously recommended by the Mr. Westcott made a Motion for New Business Item 3a to Suspend the Rules, Dispense with Reading Requirements, Read by Title Only One Time, by Short Explanation and Read for Frist of Three Readings. Seconded by Mr. Keller. Motion Passed. Voice Vote 6-0. showed up to speak on New Business Item 3. Item 3a. Planning Commission. Item 4. Consideration Resolution No. 2250 Setting a Public Hearing for the Vacation of Fifty Foot (50') Right-of-Way of Mountain View Street Adjacent to Lots 119 and 120 and the Last Sixty Feet (60') of the Fifty Foot (50" Right of Way of East Fir Street Between Lots 85 and 93 and Running Into Mountain View Street at Lots 119 and 120 of the Ray Lee Jr.'s Fourth (4th) Subdivision, City of Russellville, Arkansas and for Other Purposes. Submitted by Barrett & Associates on behalf of Todd Barnett. Unanimously recommended by the Planning Commission. Motion to Adopt New Business Item 4 was made by Mr. Westcott. Seconded by Mr. George. Motion Passed. Voice Vote 6-0. Agenda Prep for Finance Committee Meeting, Tuesday, June 11, 2024 at 5:30 p.m. at City Hall Council Chambers followed by City Council Meeting. * Finance Committee Meeting, Thursday, June 20, 2024 at 5:30 p.m. at City Hall Council Chambers followed by City Council Meeting at 6:00 p.m. Motion to Adjourn was made by Mr. Westcott. Adjourn. Mayor Fred Teague. City Clerk Gina Skelton. Approved Council. OF Ca PENV) by 2ue 70.202