07 21 2014 Council Packet

AGENDA
REGULARMEETING
CITYCOUNCIL
CITYOFMAUMELLE
JULY21, 2014
6: 00 PM
CITYHALL
1. CALLTOORDER
2. INVOCATIONANDPLEDGEOFALLEGIANCE
The City of Maumelle welcomes people of diverse cultures and beliefs. Any religious
viewpoint expressed during invocation, or at any other time during the meeting,
reflects only the personal opinion of the speaker. It is not intended to proselytize,
advance, or disparage any religious belief.
3. SPECIALGUESTSANDANNOUNCEMENTS
A. Maumelle Mommy and Me Presentation to Maumelle Friends of the Animals
B. Quorum Court ReportJustice of the Peace Paul Elliott
4. APPROVALOFMINUTESJULY7THREGULARMEETING
5. PUBLICCOMMENT
During
Public Comment, issues NOT on the agenda
may
be addressed. Public
comments concerning items on the agenda will be allowed when that item is
discussed
by
the Council.
Anyone wishing to make a comment must fill out the
provided form and present it to the
City
Clerk. In the interest of time comments will
be limited to three ( 3) minutes.
This privilege may be revoked by the Mayor in
the case of inappropriate language or comments.
Any public member shall first
state his or her name and address, followed by a concise statement of the person' s
position or concern. All remarks shall be addressed to the Mayor or the Council
as a whole, not to any particular member of the Council. No person other than the
Council members and the person having the floor shall be permitted to enter into any
discussions without permission ofthe Mayor.
6. FINANCIALSTATEMENTREVIEW (second meeting of each month)
7. PROCEDURALMOTION
8. UNFINISHEDBUSINESS
A. Audit Approval
B. Accounts Receivable Information( Will be Distributed at Council Meeting)
C. Discussion of Possible Agreement with Pulaski
County Regarding
the
County
Jail
D. Third
Reading
Ordinance 853
Regarding
the Placement ofReal Estate Signs Alderman Lewis
With no objections, Mayor Watson may call for the third reading of the ordinance amending the
provisions governing placement of real estate signs on corner lots in the City of Maumelle. AMOTION
ISINORDER.
E. Third
Reading
Ordinance 854
Regarding
the Unlawful Discharge of Fireworks Alderman Lewis
With no objections, Mayor Watson may call for the third reading ofthe ordinance amending the
Maumelle City Code regarding the penalty for the unlawful discharge of fireworks. AMOTIONISIN
ORDER.
F. Second
Reading
Ordinance 857
Providing
for a Bond Election
Mayor Watson
With no objections, Mayor Watson may call for the second reading ofthe ordinance submitting to the
electors of the City of Maumelle the question of issuing bonds. NOACTIONISREQUIRED.
G. Second
Reading
Ordinance 858
Amending
Maumelle Land Use Plan Mayor Watson
With no objections, Mayor Watson may call for the second reading of the ordinance amending the
current Land Use Plan. NOACTIONISREQUIRED.
H. Second
Reading
Ordinance 859
Amending
Maumelle
Zoning Map
Mayor Watson
With no objections, Mayor Watson may call for the second reading ofthe ordinance amending the
current Zoning Map. NOACTIONISREQUIRED.
9. NEWBUSINESS
A. Tree Board AppointmentJames Rule
B. Resolution 2014-30
Approving
a Conditional Use Permit
Mayor Watson
With no objections, Mayor Watson may call for the reading of the resolution approving a conditional use
permit for the City of Maumelle to operate a municipal fire department in a C2 zone. AMOTIONISIN
ORDER.
C. Resolution 2014-31
Acknowledging
and
Approving
Terms of a Title VI Program Mayor Watson
With no objections, Mayor Watson may call for the reading ofthe resolution acknowledging and
accepting terms of the Title VIprogram benefitting the Senior Citizen Transport Assistance Program.
AMOTIONISINORDER.
D. Discussion on Construction Board of Adjustments and Appeals
10. MAYOR' SCOMMENTS
A. Bond Projects Update
B. Possible Fireworks Incident
11. PLANNINGCOMMISSIONREPORT(following each PCmeeting)
12. ALDERMEN' SCOMMENTS
13. CITYATTORNEY' SCOMMENTS
14. CITYCLERK' SCOMMENTS
A. Tree Board Vacancy
B. Public Facilities Board Vacancy
15. FYI
A. Hankins Law Firm Letter Regarding Maumelle PWA
B.
July Planning
Commission LiaisonAlderman Norris
16. ADJOURNMENT
MINUTES
REGULARMEETING
CITYCOUNCIL
CITYOFMAUMELLE
July 7, 2014
6: 00 PM
CITYHALL
Mayor Watson called the meeting to order at 6: 00 p. m. with eight members present. City Attorney Davis was
absent, but available via cellphone.
Mayor Watson gave the Invocation and led the Pledge of Allegiance.
SPECIALGUESTSANDANNOUNCEMENTS
John Craft, with Craft, Veach&
Company, presented the 2013 Audit. Alderman Johnson complained of
freeloaders taking advantage of the City and questioned why it wasn' t a more significant issue for the auditors
and what the Council was going to do to correct the problem.
MINUTES- June 16, 2014
Alderman Johnson moved to approve the minutes of the June 16, 2014 meeting. Alderman Lewis seconded the
motion and it passed unanimously.
PROCEDURALMOTION
Alderman Lewis moved to have all ordinances and resolutions read by title only. Alderman Anderson seconded
the motion and it passed unanimously.
ORDINANCE852 APPROVINGTHEFORMATIONOFANIMPROVEMENTDISTRICT
With no objections, Mayor Watson called for the second reading of the ordinance establishing the Maumelle
Property Owners Multi-Purpose Improvement District No 16. The City Clerk gave the reading.
Alderman Mosley noted he was not a big fan of improvement districts, but because it is the law, he will vote
yes.
Alderman Johnson stated a lot of Maumelle is what it is because of improvement districts. Mayor Watson
noted it is not just Maumelle, but also other Cities.
Alderman Lewis stated that there were a lot of players involved in this issue and that the municipal level may
not be the best place to address it.
Alderman Lewis moved to approve Ordinance 852. Alderman Anderson seconded the motion and it passed
unanimously.
1
ORDINANCE853 REGARDINGTHEPLACEMENTOFREALESTATESIGNS
With no objections, Mayor Watson called for the second reading of the ordinance amending the provisions
governing placement of real estate signs on corner lots in the City of Maumelle. The City Clerk gave the
reading.
Alderman Hogue stated that she took issue with treating property on a golf course differently. Alderman Hogue
made a motion to omit, "
However, no sign shall be allowed in the rear of any residential property except when
the rear ofthe
property
borders a golf course." Alderman Norris seconded the motion.
Alderman Lewis stated the ordinance was designed to maintain the aesthetics of the community.
JaNan Davis stated the current ordinance allows a home a single sign in their yard. The new ordinance allows
for two signs on a corner lot. She stated that ordinance would have to be amended to allow for signs in the front
and back of other than corner lots.
Alderman Johnson noted several areas with homes that face two streets.
Alderman Lewis stated the purpose ofthe ordinance was to help the real estate market and asked the Council to
not overthink the issue. Alderman Hogue stated that she had not heard from any realtors on the issue and that
she was okay with two on a corner lot but not comfortable allowing signs in the rear of lots.
Alderman Norris stated that he was concerned with the aesthetics of Maumelle, but he felt homes that are on
golf courses should not be treated differently than others.
Alderman Hogue' s motion passed with Aldermen Lewis and Johnson voting no.
Jim Morley, director of code enforcement, stated the he felt the intent of the ordinance was "less is more".
ORDINANCE854 REGARDINGTHEUNLAWFULDISCHARGEOFFIREWORKS
With no objections, Mayor Watson called for the second reading of the ordinance amending the Maumelle City
Code regarding the penalty for the unlawful discharge of fireworks. The City Clerk gave the reading.
Mayor Watson provided the Council information on other city' s fees for unlawful discharge of fireworks.
ORDINANCE855 PROVIDINGFORTHELEVYOFASALESTAX
With no objections, Mayor Watson called for the first reading of the ordinance providing for the levy of a one
quarter of one percent sales and use tax. The City Clerk gave the reading.
Bill Spivey, explained in detail, the ordinances related to the bond issues.
Alderman Mosley asked about the original debt and refinancing the bonds. Jack Trumper, with Stephens,
detailed how the numbers are derived and stated that we would only issue what' s necessary to cover the
approved projects.
Alderman Johnson stated he was concerned that the sales tax issue would cause people to vote no on all ofthe
projects.
2
Alderman Lewis asked if the pledging of the sales tax would help on the interest rate of the bonds. Bill Spivey
stated it is additional security, but was not for sure ifit would decrease any interest rate. Mr. Trumper stated it
could help the bond rating and with interest rates.
The Council received clarification on what would happen if only selected questions were approved and why the
ordinances were laid out in the order they were.
Alderman
Mosley
asked how
long
it would take the
City
to
pay
off the $30 million debt. Mr. Trumper stated
that based on current market conditions, the debt would be $27. 6 million with a state of maturity of 2032, but
with even zero percent growth, it would payoff in 2027.
Alderman Mosley asked if what would happen ifwe needed additional funds in two years. Mr. Trumper stated
the 6. 6 mills would be tied up and it may take five to ten years before we could issue additional bonds with
those funds.
Alderman Mosley asked how the underwriting would be split. Mayor Watson stated Stephen' s was getting 70%
and Crews would get 30%.
Alderman Johnson reminded everyone that ifit were not for the bonds that Maumelle would not have many of
the facilities it has.
Alderman Lewis asked what would happen ifthe Council removed a project. Mr. Spivey stated the Council
could do whatever they felt was appropriate. Alderman Lewis stated he was uncomfortable with all four
projects on the ballot and stated it was time to make some tough decisions now. Alderman Mosley noted he
would be voting no on all of the projects.
Phil Buffington, of 4 Blue Mountain Cove, stated other Cities have higher sales tax rates and that Maumelle
could benefit from a tax increase.
Bill Arnold, of 22 Riverwood Place, stated he was not sure Maumelle Forward was being considered.
Alderman Hogue stated the City could not afford the pool ifthe tax was not on the ballot.
ORDINANCE856 PROVIDINGFORASALESTAXELECTION
With no objections, Mayor Watson called for the first reading of the ordinance submitting to the electors ofthe
City of Maumelle the question of levying a one-quarter of one percent sales and use tax. The City Clerk gave
the reading.
ORDINANCE857 PROVIDINGFORABONDELECTION
With no objections, Mayor Watson called for the first reading of the ordinance submitting to the electors ofthe
City ofMaumelle the question of issuing bonds. The City Clerk gave the reading.
Alderman Lewis made a motion to strike question five from Ordinance 857. Alderman Norris seconded the
motion.
Alderman Kelley stated he felt the City could not afford it.
Alderman Hogue stated she felt the citizens have the right to make the decision. Alderman Anderson agreed
with Alderman Hogue.
3
Alderman Norris stated the pool did not do well on the survey and that it and the sales tax could hurt the other
projects on the ballot.
Alderman Anderson stated that the bond task force ranking had hurt the pool project and noted other problems
with the survey. He stated people should be able to vote on it.
Alderman Lewis' motion to strike question five from Ordinance 857 passed with Aldermen Hogue and
Anderson voting no.
Alderman Lewis made a motion to strike question two from Ordinance 857. Alderman Johnson seconded the
motion. The vote was tied with Aldermen Lewis, Johnson, Norris and Mosley voting yes and Aldermen Hogue,
Anderson, Kelley and Saunders voting no. Mayor Watson chose to not vote. He stated that the City Hall
project was important and the last of the City buildings that has not been updated.
Alderman Lewis made a motion to strike question three from Ordinance 857. Alderman Mosley seconded the
motion and the motion failed with only Alderman Mosley voting yes.
Alderman Lewis made a motion to strike question four from Ordinance 857. Alderman Mosley seconded the
motion and the motion failed with only Alderman Mosley voting yes.
ORDINANCE855 PROVIDINGFORTHELEVYOFASALESTAX
Alderman Lewis made a motion to suspend the rules and have a second and third reading of Ordinance 855.
Alderman Norris seconded the motion. The motion passed with only Alderman Hogue voting no. The City
Clerk gave the second and third readings.
Alderman Lewis made a motion to approve Ordinance 855. Alderman Saunders seconded the motion and it
failed with only Alderman Hogue voting yes.
ORDINANCE856 PROVIDINGFORASALESTAXELECTION
Alderman Lewis made a motion to suspend the rules and have second and third readings of ordinance 856.
Alderman Saunders seconded the motion and the motion passed with only Alderman Hogue voting no. The
City Clerk gave the second and third readings.
Alderman Lewis made a motion to approve ordinance 856. Alderman Anderson seconded the motion. The
ordinance failed with only Alderman Hogue voting yes.
ORDINANCE857 PROVIDINGFORABONDELECTION
Mr. Spivey stated he could summarize the changes that need to be made in Ordinance 857 resulting from the
last Council action to strike questions and the Council could make those changes as referenced. Mr. Spivey
detailed the necessary changes.
Alderman Lewis made a motion to adopt the changes as laid out by Mr. Spivey. Alderman Anderson seconded
the motion and it passed with only Alderman Hogue voting no.
Mr. Spivey gave the first reading of Ordinance 857 as amended.
4
ORDINANCE858 AMENDINGMAUMELLELANDUSEPLAN
With no objections, Mayor Watson called for the first reading ofthe ordinance amending the current Land Use
Plan. The City Clerk gave the reading.
Mayor Watson noted there were no changes other that those adopted by ordinance by the Council. Alderman
Lewis thanked Mayor Watson and Mr. Narey for their efforts on this.
ORDINANCE859 AMENDINGMAUMELLEZONINGMAP
With no objections, Mayor Watson called for the first reading of the ordinance amending the current Zoning
Map. The City Clerk gave the reading.
RESOLUTION2014-29 AMENDINGTHE2014 GENERALFUNDBUDGET
With no objections, Mayor Watson called for the reading ofthe resolution amending the 2014 General Fund
Budget for closings costs on a land purchase. The City Clerk gave the reading.
Mayor Watson noted this is to cover the closing costs ofthe 6. 04 acre land purchase.
Alderman Norris made a motion to approve Resolution 2014-29. Alderman Anderson seconded the motion and
it passed with only Alderman Mosley voting no.
Alderman Lewis asked ifthere was a closing date, time and which company the City was using to close. Mayor
Watson stated the closing date is July 10 and Lenders Title would be the closing company.
DISCUSSIONONPOSSIBLEAGREEMENTWITHPULASKI COUNTYREGARDINGCOUNTYJAIL
Mayor Watson stated Judge Villines sent a letter to the five larger City' s Mayor' s to review. He stated that the
issue is the option ofan annual fee or a per diem rate for jail usage. He stated that 13 ofthe 15 justices ofthe
peace have signed offon the per diem rate.
After further discussion of the issues and Council options, Mayor Watson stated that the Council would be
asked to take action on an agreement before the end of August.
MAYOR' SCOMMENTS
Mayor Watson stated Fourth Fest was a success. He noted the great turn out for the cardboard boat race and the
compliments he received on the fireworks. He stated that the vendors were busy and the band was great.
Mayor Watson stated there were 31 calls pertaining to unlawful discharge of fireworks over the holiday
weekend but that no citations were issued.
Mayor Watson stated the bathrooms at Lake Valencia were now open.
PLANNINGCOMMISSIONREPORT
Mayor Watson noted the updated land use and zoning maps were approved at the Planning Commission before
coming to the Council. He noted a variance on a building set back had been denied and stated that the
conditional use permit for the new fire station had been approved and would be coming to the Council.
5
ALDERMEN' SCOMMENTS
Alderman Kelley asked for additional information on any that were not paying their garbage and community
service fees. Ms. Thompson stated she could provide it.
Alderman Lewis stated his number one goal is to collect debt from City service fees. He stated that the PWA
could help the City collect these debts with consolidated billing.
Alderman Johnson stated a one percent sales tax increase in lieu of the fees would more than cover the revenue,
but that would not solve the freeloader issue.
CITYCLERK' SCOMMENTS
City Clerk Clausen stated there are vacancies on the Tree Board and the Public Facilities Board that the Council
would be asked to fill.
ADJOURNMENT
Alderman Lewis moved to adjourn the meeting. Alderman Saunders seconded the motion and it passed
unanimously.
Mayor Watson adjourned the meeting at 9: 29 pm.
MAYORMICHAELWATSON
CITYCLERKJOSHUACLAUSEN
APPROVED
July 21, 2014
6
City of Maumelle
Financial Statement Summary
FORTHEMONTHENDEDJUNE30, 2014
GENERALFUND
Nonspendable 2, 344
Committed
Assigned 228, 118
Unassigned 5, 637,794
Total Fund Balance 5, 868, 256
STREETFUND
Restricted 3, 272,418
Assigned
Total Fund Balance 3, 272,418
SANITATIONFUND
Retained Earnings 1, 322,627
CITYOFMAUMELLE
GENERALFUNDSTATEMENTOFREVENUES, EXPENDITURES, ANDCHANGESINFUNDBALANCE
2014 2014 12 MONTH ACTUALAT OVER/ ACTUALAT OVER/
BUDGET BUDGETREV BUDGET 6/30/2014 ( UNDER) 6/30/2013 ( UNDER)
Revenues:
State Tumback 274,608 274,608 137,304 119,828 17,476) 122,901 3,073)
LOPFI Tumback 165,000 165,000 82,500 82,500)
County
Millage Tax 1, 880,000 1, 880,000 940,000 1, 072,426 132,426 1, 026,855 45,571
County
Sales Tax 3, 500,000 3, 500,000 1, 750,000 1, 737,431 12,569) 1, 739,338 1, 907)
City
Sales Tax 2, 100,000 2, 100,000 1, 050,000 1, 013,485 36,515) 996,287 17, 198
Franchise Fee 1, 500,000 1, 500,000 750,000 754,381 4,381 689,662 64,719
Community
Service Fees 680,000 680,000 340,000 354,407 14,407 339, 528 14,879
Late& Collection Fees 17,000 17,000 8, 500 11, 254 2,754 14,994 3,740)
Building
Permits and Fees 200,000 200,000 100,000 51, 672 48,328) 115,415 63,743)
Business License Permits 16,500 16, 500 8, 250 15,400 7, 150 15,075 325
Parks and Recreation Fees 500,000 500,000 250,000 239,047 10,953) 283,860 44,813)
Senior Wellness Center Fees 35,000 35,000 17, 500 23,474 5,974 17, 593 5,881
Animal Control Fees 12, 000 12, 000 6,000 6, 365 365 4,595 1, 770
Municipal Court 200,000 200,000 100,000 104,604 4,604 117,455 12, 851)
Police Dept 274 274 4,038 3,764)
Fire Dept 13,000 13, 000 6,500 7, 626 1, 126 6,730 896
Dispatch Services 26,000 26,000 13,000 26,000 13,000 26, 000
Federal Grants 18,976 18,976)
State Grants 96,519 96,519 36,277 60,242
Private Grants 1, 350 1, 350)
Private Donations 1, 000 1, 000 1, 000
Investment Income 12,000 12, 000 6,000 3,876 2, 124) 3,339 537
Other
Financing
Sources 10,849 10,849 9,799 1, 050
Miscellaneous Income 9, 240 9,240 2,658 6,582
Total Revenues 11, 131, 108 11, 131, 108 5,565,554 5,659,158 93,602 5, 592, 726 66,432
Expenditures:
Administration 907,333 913,573 456,787 400,897 55,890) 405,627 4,730)
City
Council 63, 572 63,572 31, 786 30, 106 1, 680) 32,623 2, 517)
City Attorney
60, 345 60,345 30, 173 18,605 11, 568) 18,017 588
Court 254,828 254,828 127,414 105,412 22,002) 114, 913 9,501)
Police 2, 783,214 2,783,214 1, 391, 607 1, 326,210 65,397) 1, 188,609 137,601
Fire 2, 228, 173 2,233,331 1, 116,666 890,935 ( 225,731) 934, 086 43, 151)
Animal Control 328,626 328,626 164,313 130,632 33,681) 132, 121 1, 489)
Public Works 720,918 720,918 360,459 272,462 87,997) 310,797 38,335)
Parks 1, 474,396 1, 475,396 737,698 600,738 ( 136,960) 611, 471 10,733)
Senior Services 339,141 352,633 176,317 155,632 20,685) 151, 749 3, 883
CED 202,101 206,301 103, 151 98,697 4,454) 93,848 4,849
Planning& Zoning 141, 500 141, 500 70,750 59,852 10, 898) 59,777 75
Code Enforcement 277,504 280,358 140, 179 122,608 17, 571) 133,904 11, 296)
City
Services 1, 346,503 1, 346,503 673,252 567,353 ( 105,899) 600,966 33,613)
Total
Operating
11, 128,154 11, 161, 098 5,580,549 4,780, 139 ( 800,410) 4,788,509 8, 370)
Capital Expenditures 330,995 2,360,706 1, 180,353 1, 424,804 244,451 151, 514 1, 273,290
Total Expenditures 11, 459,149 13, 521, 804 6,760,902 6,204,943 ( 555,960) 4,940,023 1, 264,920
Excess( Deficiency) of
Revenues over Expenditures 328,041) 2,390,696) ( 1, 195,348) 545,785) 649,561 652,703 ( 1, 198,488)
Fund Balance,
Beginning
of Year 6,414,039 6,414,039 6,414,039 6,414,039
Fund Balance, End of Year 6, 085,998 4,023,343 5, 218,691 5,868,256
Page 2
CITYOFMAUMELLE
GENERALFUND- BALANCESHEET
ASSETS
Current Assets
Cash 6,062,879
Accounts Receivable 83,422
Due From Other Funds 2, 118
Inventory- Court
Drug
Tests 226
Total Current Assets 6, 148,645
TOTALASSETS 6,148,645
LIABILITIESANDFUNDBALANCE
Liabilities:
Payroll Liabilities 124,592
Accounts Payable 850
Other Liabilities 154, 947
Total Liabilities 280,389
Fund Balance:
Nonspendable
Inventory
226
Due from
agency
fund 2, 118
Prepaid
Restricted
Committed
Assigned to purchase orders 228, 118
Unassigned 5,637,794
Total Fund Balance 5,868,256
TOTALLIABILITIESANDFUNDBALANCE 6, 148,645
Page 3
CITYOFMAUMELLE
STREETFUNDSTATEMENTOF REVENUES, EXPENDITURES, ANDCHANGESINFUNDBALANCE
Revenues:
State Tumback 809,750 809,750 404,875 399, 869 5,006) 398, 886 983
Street Aid Program 300,000 300,000 150,000 156,220 6,220 156,220
County
Millage Tax 540,000 540,000 270,000 311, 028 41, 028 297, 800 13, 228
Street Sign Revenue 200 200 100 2, 573 2,473 2,573
Investment Income 19,000 19, 000 9, 500 6,642 2,858) 4,943 1, 699
Appropriation from Fund Balance
Miscellaneous Income 4, 721 4,721 453 4,268
Total Revenues 1, 668,950 1, 668,950 834,475 881, 053 46,578 702, 082 174,703
Expenditures:
Personnel 695,937 695,937 347,969 304,475 ( 43,494) 259,407 45,068
Other
Operating
355,496 360,264 180, 132 124,492 ( 55,640) 104, 096 20,396
Total
Operating
1, 051, 433 1, 056,201 528, 101 428,967 ( 99, 134) 363,503 65,464
Capital Expenditures 576,379 908,845 454,422 533, 366 78, 944 112, 753 420,613
Total Expenditures 1, 627,812 1, 965,046 982,523 962, 333 ( 20, 190) 476,256 486,077
Revenues over Expenditures 41, 138 ( 296,096) 148,048) ( 81, 280) 66, 768 225,826 ( 311, 374)
Fund Balance,
Beginning
of Year 3,353,698 3, 353,698 3,353,698 3,353,698
Fund Balance, End of Year 3,394,836 3,057,602 3,205,650 3, 272,418
Page 4
CITYOFMAUMELLE
STREETFUND- BALANCESHEET
ASSETS
Current Assets:
Cash 3,285,062
Taxes Receivable
Accounts Receivable 168
Total Current Assets 3, 285,230
TOTALASSETS 3, 285,230
LIABILITIESANDFUNDBALANCE
Liabilities:
Payroll Liabilities 12, 397
Accounts Payable 415
Total Liabilities 12, 812
Fund Balance:
Nonspendable
Restricted 3,272,418
Committed
Assigned to:
Capital projects
Eliminate a projected budgetary deficit
Unassigned
Total Fund Balance 3,272,418
TOTALLIABILITIESANDFUNDBALANCE 3,285,230
Page 5
CITYOFMAUMELLE
SANITATIONFUNDSTATEMENTOFREVENUES, EXPENDITURES, ANDCHANGESINEQUITY
Revenues:
Sanitation Fees 1, 050,000 1, 050,000 525,000 572,568 47,568 573, 841 1, 273)
Late and Collection Fees 30,000 30,000 15, 000 16,945 1, 945 16, 280 665
Cart Rental 18,000 18,000 9, 000 9,259 259 8, 806 453
Sales Tax 1, 201 1, 201)
Transfer Station 25,000 25,000 12, 500 14,919 2, 419 18, 087 3, 168)
Operating
Transfer In 89,635 89,635 44,818 44,817 44, 817 0)
Miscellaneous Income 25 25 25
Total Revenues 1, 212,635 1, 212,635 606,318 658,533 52,216 663, 032 4,499)
Expenditures:
Personnel 600,910 600,910 300,455 272,332 28, 123) 262, 031 10,301
Other
Operating
889,000 1, 194,476 597,238 228, 178 ( 369,060) 140, 462 87,716
Total Expenditures 1, 489,910 1, 795,386 897,693 500,510 ( 397, 183) 402, 494 98,016
Revenues over Expenditures 277,275) 582,751) ( 291, 375) 158, 023 260,538
Equity, Beginning
of Year 1, 164,605 1, 164,605 1, 164,605 1, 164, 605 908, 730
Equity,
End of Year 887,330 581, 854 873,230 1, 322,627 1, 169,268
Page 6
CITYOF MAUMELLE
SANITATION- BALANCESHEET
ASSETS
Current assets:
Cash 976, 198
Accounts Receivable 145,763
Total Current Assets 1, 121, 961
Noncurrent assets:
Capital Assets 1, 488,099
Less Accumulated Depreciation 1, 162, 884)
Total Noncurrent Assets 325,215
TOTALASSETS 1, 447, 176
LIABILITIESANDEQUITY
Current Liabilities:
Payroll Liabilities 8, 549
Sales Taxes Payable 27, 094
Reserve for Compensated Absences 15, 767
Total Current Liabilities 51, 410
Nonurrent Liabilities:
Note Payable- First Security
Bank 73, 137
Total Liabilities 124, 547
Equity:
Retained earnings 1, 322,627
TOTALLIABILITIESANDEQUITY 1, 447, 176
Page 7
CITYOFMAUMELLE NOTESTOFINANCIALSTATEMENTS
Note 1: Minimum fund balance policy for the general fund
Ordinance 438 states that the general fund shall maintain a level of fund balance equal to
20% of budgeted
operating
expenditures.
Currently,
this figure is $ 2,232,220
Note 2: Fund balance classifications
Effective with the January 31, 2011 financial statements, there are new fund balance classifications
for the General and Street funds. The new classifications and their definitions are as follows:
Nonspendable- fund balance that can' t be spent, such as inventory and prepaid items
Restricted- use of these funds is restricted by external sources, such as law or grant
requirements
Committed- use of these funds is restricted by formal action of the city council
Assigned- use of these funds is restricted by informal action of the city council
Unassigned- fund balance that has not been restricted, committed, or assigned
Page 8
GENERALFUNDBUDGETRESOLUTIONSPASSEDIN2014
2014-07 2014 Dodge Ram
outfitting
for Fire department 7, 000
2014-08 Court Automation
Technology
Revenue for 2013 26,583
2014-10 Fuel Center
Facility
8, 500
2014-14 Police Department of Justice Grant 4,300
2014-20 Bond
community survey
3, 300
2014-22 Fire Ladder Truck 1, 068, 108
2014-26 Purchase land for new fire station 669,612
Total 1, 787,403
STREETFUNDBUDGETRESOLUTIONSPASSEDIN2014
2014-06 CATA
funding
4,768
2014-09 Fuel Center
Facility
8, 500
13, 268
SANITATIONFUNDBUDGETRESOLUTIONSPASSEDIN2014
2014-11 Fuel Center
Facility
8,500
Page 9
tv.
County
o} `', p'
ADMINISTRATIONBUILDING
COUNTYJUDGE/ CHIEFEXECUTIVEOFFICER
201 SOUTHBROADWAY, SUITE400
LITTLEROCK, ARKANSAS72201
501-340-8305
COUNTPULASKI 501-340-8282 FAX
MEMO
ITIE
ALEXANDER
CAMMACKVILLAGE TO: PULASKI COUNTYMAYORS
JACKSONVILLE
FROM: BUDDYVILLINES
LITTLEROCK
COUNTYJUDGE/ CHIEFEXECUTIVEOFFICER
MAUMELLE
NORTHLITTLEROCK DATE: JULY9, 2014
SHERWOOD
WRIGHTSVILLE
RE: JAILAGREEMENT
Please find enclosed the final draft of the proposed agreement. With this draft, we have
responded to concerns raised. This should be considered as the County' s final proposal.
UNINCORPORATED
AREA
600 SQUAREMILES
MILITARY
BASES
LRAFB
CAMPROBINSON
MEMORANDUMOFAGREEMENT
This Memorandum of Agreement is entered into on this
day of
by and between Pulaski County, Arkansas (County) and the City of
Maumelle (
City)
pursuant to the
authority
of ARK. CODEANN. 25-20-101 e -
q., and will
become
binding
on all parties upon ratification
by
the Quorum Court o '
i County
and the governing body of the City.
WITNESSETH:
That the
County
and
City
entered into a Memorandu , o u nt executed
February
15, 1990 and an Amendment to Memo
r of
Ag '
ement executed
September 10, 1990,
concerning
the costs -- ra . .
inal jail facility by the
County.
That Agreement expires this un,,
and City wish to have this
Memorandum of Agreement replace and ren
u.' it all previous Agreements.
WHEREAS, the Coun
ognize that it has a responsibility to maintain and
operate detention faciliti ereina "' I"); and,
WHEREA e Ci no dge the shortage of operational revenues of Pulaski
County
due th
umbers of detainees in the facility and the continuously
rising c'
t soci. - d with operations; and,
W` RE
a County and City acknowledge the need for a strong and
econom'. viable jail in the area; and,
WH REAS, the County has committed its maximum tax resources available to the
construction and operation of the regional jail to serve the County and City; and,
WHEREAS, the City and the County desire to enter into a contractual agreement
X:\ATTY2\COCOURNAILAGT2014MAUMELLE. DOCX
whereby City funds are made available to the County to assist in the operation of a
regional jail.
ITISTHEREFOREhereby agreed that:
Section 1. Payments. To
help defray
operation costs of the jail, -
City
agrees to
pay $
51, 247. 00 in year one (a five-percent (5%) increase o - r . ent
contribution).
Section 2. Annual Increases In
following
years, the amo `
o be provided by
the
City
set out in Section 1 will be increased
by
an annual 41 d- - rmined in
January
of each year, not to exceed three-perce
440
Section 3. The payments
identifies -
ve . ` _
ence in January 2015.
Section 4. When the
facility
i . - n and
ep g new inmates, the County will
notify
the
City
who will transport
any
arrestee . a'
g a jail bed.
Section 5.
Any
arres
need o emergency medical treatment will receive said
treatment before
being
ht to th
ity.
Section 6. f the * ai
4. .
ratify this agreement, the County may, at its option,
enter into
as
4,
re sect to any other municipalities within the county.
c 7.
The duration of this agreement shall be five (5) years, subject to
e .. - ion ,
ag
ent of the parties.
on 8.
Notwithstanding anything contained in this Agreement to the
contrary, if the City fails to appropriate funds for subsequent periods within the term of this
Agreement, the City shall not be obligated to make payments beyond the then- current
fiscal appropriation period provided that once an appropriation is made, the
X:WXTY2\C000URTUAILAOT2014 MAUMELLEDOCX
City is obligated to provide funds for that appropriation period and the County is obligated
to house the City' s prisoners for that period to the extent required by Ark. Code Ann.
12-41- 503. All payments made, or scheduled to be made, pursuant to the previous
interlocal agreement between the parties hereto for the 2014calendar will subject the
individual
city
to the
daily
rate set out herein as
long
as all outstandin. is -nts are
made for the 2014calendar year.
Section 9. In the event there is a significant increase in jai ' enue from
sources other than the
County
or
City,
then the parties
may
n- otiations
concerning
the amount of payments contemplate tions and 2.
X:41TTY2\COOOURNAILAGF2014 MAUMELLE.DOCX
t\ '
laSla
County
griA
ir-)
111.
F.G."BUDDY"VILLINES
ADMINISTRATIONBUILDING
COUNTYJUDGE/ CHIEF EXECUTIVEOFFICER
201 SOUTHBROADWAY, SUITE400
LITTLEROCK, ARKANSAS72201
501- 340-8305
COUNTPULASKI 501- 340-8282 FAX
MEMORANDUM
CITIES
ALEXANDER
CAMMACKVILLAGE
TO: PULASKI COUNTYMAYORS
JACKSONVILLE
FROM: BUDDYVILLINES
LITTLEROCK
COUNTYJUDGE/ CHIEF EXECUTIVEOFFICER
MAUMELLE
NORTHLITTLEROCK
DATE: JULY8, 2014
SHERWOOD
RE: JAILAGREEMENT
WRIGHTSVILLE
I have enclosed a draft of an agreement that reflects the points raised in Monday' s
meeting at the GLRCC. The changes reflect what the County feels comfortable with. We
are ready to sign this enclosed agreement.
UNINCORPORATED
AREA
Two other points:
600 SQUAREMILES
1)
Little Rock and North Little Rock are the only cities that have not
completed their payments under the existing agreement.
2) We receive
approximately $2 million a year for holding federal prisoners.
MILITARY
Without those funds, we would close a corresponding number of beds.
BASES
LRAFB
CAMPROBINSON
MEMORANDUMOFAGREEMENT
This Memorandum of Agreement is entered into on this
day of
by and between Pulaski County, Arkansas (County) and the City of
Maumelle(
City)
pursuant to the
authority
of ARK. CODEANN.
25-20-101 et seq., and will
become binding on all parties upon ratification by the Quorum Court of Pulaski County
and the governing body of the City.
WITNESSETH:
That the County and City entered into a Memorandum of Agreement executed
February 15, 1990 and an Amendment to Memorandum of Agreement executed
September 10, 1990, concerning the costs of operating a regional jail facility by the
County.
That Agreement expires this year.
The County and City wish to have this
Memorandum of Agreement replace and render moot all previous Agreements.
WHEREAS, the County recognizes that it has a responsibility to maintain and
operate detention facilities (hereinafter"jail"); and,
WHEREAS, the City acknowledge the shortage of operational revenues of Pulaski
County due to increases in the numbers of detainees in the facility and the continuously
rising costs associated with operations; and,
WHEREAS, the County and City acknowledge the need for a strong and
economically viable jail in the area; and,
WHEREAS, the County has committed its maximum tax resources available to the
construction and operation of the regional jail to serve the County and City; and,
WHEREAS, the City and the County desire to enter into a contractual agreement
whereby City funds are made available to the County to assist in the operation of a
X:WTTY2\COCOURTUAILAGT2014 MAUMELLE.DOCX
regional jail.
ITISTHEREFOREhereby agreed that:
Section 1. Payments.
To help defray operation costs of the jail, the City
agrees to
pay $
51, 247. 00 in year one. (a fivepercent(5%) increase over current
contribution).
Section 2. Annual Increases
In following years, the amount to be provided by
the
City
set out in Section 1 will be increased
by by
ea- an annual CPI to be
determined in January of each year.
Section 3.
The payments identified above shall commence in January 2015.
Section 4.
When the facility is open and accepting new inmates, the County will
notify the City who will transport any arrestee awaiting a jail bed.
Section 5.
Any arrestee in need of emergency medical treatment will receive said
treatment before being brought to the facility.
Section 6.
If the City fails to ratify this agreement, the County may, at its option,
enter into agreements with respect to any other municipalities within the county.
Section 7. The duration of this agreement shall be ten (10) five (5) years,
subject to extension by agreement of the parties.
Section 8.
Notwithstanding anything contained in this Agreement to the
contrary, if the City fails to appropriate funds for subsequent periods within the term of this
Agreement, the City shall not be obligated to make payments beyond the then- current
fiscal appropriation period provided that once an appropriation is made, the
City is obligated to provide funds for that appropriation period and the County is obligated
to house the City' s prisoners for that period to the extent required by Ark. Code Ann.
X:\ATTY2\COCOURTUAILAGT2014 MAUMELLE.DOCX
12-41- 503. However, once the
sity
fails to
funds, the County is no longer
required to house the
City'
s prisonors pursuant tothe Agreement.
The County may,
Section 9. In the event there is a significant increase in jail revenue from
sources other than the County or City, then the parties may enter into negotiations
concerning the amount ofpayments contemplated in Sections 1 and 2.
X:\ATTY2\COCOURTUAILAGT2014MAUMELLE. DOCX
Pulaski
County i
Administrative Director/ 201 SOUTHBROADWAY, SUITE420
Comptroller LITTLEROCK, ARKANSAS 72201
501-340-8392
Colwt Puuau
MEMORANDUM
TO: JUDGEBUDDYVILLINES, III
FROM: MIKEHUTCHENS, DIRECTOROFADMINISTRATIVESERVICES
DATE: JULY10, 2014
RE:
WORKRELEASECENTERCONTRACT
Some discussion has developed in regards to the $1. 00 proposed as the cost to lease the Work Release Center.
The question has been asked"
why
not make
money
off ofthe
facility?".
As you know, I preach LOWER
EXPENSES, LOWEREXPENSES, LOWEREXPENSES. That' s what this agreement will do. When 125 state
prisoners are removed fromthe
facility,
we will save the $
15. 52 per day we loose by housing said prisoner. Our
cost per day is$43. 52 per prisoner. This is a lowered expense and will free up beds to incarcerate Pulaski
County prisoners. Also, the building is vacant, but we do maintain maintenance on the building, which is an
expense. This will lower that expense because under the terms ofthe contract, the responsibility falls tothe
state.
Additionally, to clear up any confusion regarding the billing of state prisoners, here is a quick summary ofhow
that works. Usually at the first of each month the ADCsends us invoices on all the inmates they had accepted
fromus the previous month. Each inmate invoice reflects either the day the inmate was committed to ADCor
the day the commitment paperwork was approved by the ADCtill the day they are sent to the ADC. Once an
inmate is committed by Circuit Court to the ADCthe Prosecutors Office prepares the commitment order for the
judge to sign
reflecting
the sentence the judge has given the inmate when
they
were committed. The
Prosecutor' s Office then sends the commitment paperwork to the ADCfor their review, ifthe paperwork is
approved by the ADCwithin twenty-one (21) days of commitment( see ACA12-27- 114) we are compensated
by the state from the day ofcommitment till the day they arrive at the ADC. Ifthe committing paperwork is not
approved until after the twenty-one (21) day time period, the state will only reimburse us fromthe date the
paperwork is approved till the date the inmate arrives at the ADC. The state computes our payment on a
Twenty-eight( 28) dollar a day basis as set by state law. The county does not receive payment for the time the
state inmate is housed in the Pulaski Countyjail UNTILthe inmate is taken to ADC.
GRANTS
ACCOUNTING ADMINISTRATION PAYROLL PURCHASING
340-8381 340-8376 340-8388 340-8390
7/ 10/2014
Billing for 2015 per Pulaski County Comptroller Mike Hutchens
Proposed 2013 Arrests/
2014 Increase 2015 Annual Difference Inmates
Little Rock 1, 766, 263 5. 00% $ 1, 854,576. 15 88, 313 8870
North Little Rock 759, 764 5. 00% 797, 752. 20 37,988 5977
Sherwood 127, 047 5. 00% 133,399. 35 6,352 2311
Jacksonville 191, 496 5. 00% 201, 070. 80 9,575 1609
Maumelle 48, 807 5. 00% 51, 247. 35 2,440 295
Total of Cities 2, 893, 377 3,038, 045. 85, 144,669 19062
Proposed 2015 2013 Arrests/ Per Inmate Cost Per Inmate Cost Proposed Inmate
Agreement Inmates per Agreement Per Diem Basis
Cost by Per Diem
Little Rock 1, 854, 576 8870 209. 08 333. 00 2, 953,710. 00
North Little Rock 797, 752 5977 133. 47 333. 00 1, 990,341. 00
Sherwood 133,399 2311 57. 72 333. 00 769,563. 00
Jacksonville 201, 071 1609 124. 97 333. 00 535, 797. 00
Maumelle 51, 247 295 173. 72 333. 00 98, 235. 00
Total of Cities 3,038, 046 19062
6, 347, 646
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFMAUMELLE,
COUNTYOFPULASKI, STATEOFARKANSAS,
ANORDINANCETOBEENTITLED
ORDINANCENO. 853
ANORDINANCEAMENDINGTHEPROVISIONSGOVERNINGPLACEMENTOF
REALESTATESIGNSONCORNERLOTSINTHECITYOFMAUMELLEAND
FOROTHERPURPOSES.
WHEREAS, the City of Maumelle allows signs identifying properties for sale within the
City under certain circumstances and with particular requirements in place, and
WHEREAS, provisions regulating said signs do not address those corner properties
which may need more than one sign and the City Council desires to add those provisions.
NOW, THEREFORE, BEITORDAINEDBYTHECITYCOUNCILOFTHECITYOF
MAUMELLE, ARKANSAS, THAT:
SECTION1. Chapter 58. Sign Regulations, Article III. Residential and Miscellaneous, Section
58- 163, Real Estate Signs, ofthe Maumelle City Code, is hereby amended as follows:
Sec. 58463. Real estate signs.
On a lot, there may be placed one unanimated real estate sign, but such signs shall be
limited to wall and freestanding signs whose permitted illumination and maximum display
surface area shall be as follows:
1) Residential. For residential, eight non-illuminated square feet.
2) Nonresidential. For nonresidential, 32 non-illuminated square feet. No sign shall exceed
eight feet in length or height.
3) Exception. Two (2) signs
may
be allowed on corner lots that front on two streets. Two
2) signs must be separated by at least 100 feet.
4)
Temporary open house/directional signs. Open house/directional signs, of a size
not greater than six non-illuminated square feet, may be placed at a rate of one per company
per intersection, for a period from 9: 00 a.m. to 8: 00 p. m. on the day of the open house only,
provided, that there shall be only one route designated by signs to a particular open house. No
more than four directional open house signs may be placed within the city limits for any one
open house on any one day. Failure to remove signs within the prescribed time period will
cause a fine to be levied at a rate of$50. 00 per sign left on the site. Chronic violation of this
subsection shall result in a suspension of such privileges for a period of up to six months.
Chronic violation shall be defined as four separate violations within a period of six months.
Violation of this suspension shall be a misdemeanor charged upon the principal broker of the
real estate company punishable by a fine of $250. 00 for each such violation, and each day a
violation exists or continues shall be a separate offense.
4)(
5.)
Sold signs/stickers. Sold signs/stickers, of a size not greater than 25 percent of the
sign on which it is placed, may be placed at a rate of one per lot or tract, per company. All real
estate signs and stickers shall be removed from the lot or tract within 30 days of the sale or
within 30 days after the sold sign/sticker has been placed.
5)(6)
Services or offerings directly related to the sale or lease of the property. In
addition to the real estate signage allowed herein, no more than one sign may be placed upon
any property advertised for sale or lease which advertises services directly related to the sale or
lease of said property.
a.
Such services may include, but are not limited to, financing, insurance, or home
improvement services.
b. All restrictions placed upon the size and placement of real estate signs expressed
herein shall likewise apply to signs placed under this provision.
c.
Signs may not be placed without the express permission of the property owner or
his or her agent.
SECTION2. Codification.
It is the intention of the City Council of the City of Maumelle that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City of Maumelle, Arkansas, and that the Sections ofthis ordinance may be renumbered, re-
lettered and the word "Ordinance"
may
be changed to "Section", "Article"or such other word or
phrase in order to accomplish such intention.
SECTION3. Severability. If any clause, section or other part of this Ordinance shall be held by
any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and in no way effecting the validity of the other
provisions of this Ordinance.
SECTION4. Repealer. All other provisions of Chapter 58 of the Maumelle City Code remain
unamended hereby. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Adopted this
day
of 2014.
Michael Watson, Mayor
Attest:
Joshua Clausen, City Clerk
Page 2 Ordinance 853
Approved As To Form:
JaNan Arnold Davis, City Attorney
Sponsor: Alderman Lewis
Saunders Anderson
Kelley Mosley Lewis Hogue Johnson Norris
Aye:
No:
Page 3 Ordinance 853
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFMAUMELLE,
COUNTYOFPULASKI, STATEOFARKANSAS
ANORDINANCETOBEENTITLED
ORDINANCENO. 854
ANORDINANCEOFTHECITYOFMAUMELLE, ARKANSAS, AMENDING
THEMAUMELLECITYCODECONCERNINGTHEPENALTYFOR
UNLAWFULDISCHARGEOFFIREWORKSWITHINTHECITYOF
MAUMELLEANDFOROTHERPURPOSES
WHEREAS, the City Council is committed to the safety and peace ofthe City of
Maumelle; and
WHEREAS, the Maumelle City Code provisions allow for the discharge of
fireworks on certain dates and provide for certain penalties for discharge on other dates;
and
WHEREAS, the City Council wishes to amend the penalty provision to increase
the possible fine for a violation of the ordinance.
NOW, THEREFORE, BEITORDAINEDBYTHECITYCOUNCILOFTHE
CITYOFMAUMELLE, ARKANSAS, THAT:
SECTION1. The Maumelle City Code, Chapter 26 FIREPREVENTIONAND
PROTECTION, Article III. Fireworks, Section 26-72, Penalty for Violation of Article, is
hereby amended to read as follows:
Sec. 26-72. Penalty for violation of article.
Any violator ofthis article shall be guilty of a misdemeanor and upon conviction, the
violator will be punished by a fine of not more than X00.00200. 00, plus court costs.
SECTION2. Codification.
It is the intention ofthe City Council of the City of
Maumelle that the provisions of this Ordinance shall become and be made a part ofthe
City Code ofthe City of Maumelle, Arkansas, and that the Sections of this ordinance may
be renumbered, re-lettered and the word "Ordinance"may be changed to "Section",
Article"or such other word or phrase in order to accomplish such intention.
SECTION3. Severability If any clause, section or other part of this Ordinance shall be
held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way effecting
the
validity
of the other provisions of this Ordinance.
SECTION4. Repealer All other provisions of Chapter 26 of the Maumelle City Code
remain the same. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
Adopted this
day
of 2014.
Attest:
Approved As To Form:
Sponsor: Alderman Lewis
Saunders Anderson
Aye:
No:
Page 2 of Ordinance 854
ORDINANCENO. 857
ORDINANCESUBMITTINGTOTHEELECTORS OF THECITYOF
MAUMELLE, ARKANSAS AT THE NOVEMBER4, 2014 GENERAL
ELECTION THE QUESTIONS OF ISSUING BONDS UNDER
AMENDMENTNO. 62 TOTHECONSTITUTIONOF THESTATEOF
ARKANSASINTHEMAXIMUMPRINCIPALAMOUNTOF $22,290, 000
FORTHE PURPOSE OF REFUNDING THE CITYOF MAUMELLE,
ARKANSAS CAPITAL IMPROVEMENT BONDS SERIES 2013 AND
SERIES 2014; ANDFORTHEPURPOSES OF FINANCINGVARIOUS
CAPITAL IMPROVEMENTS TO THE CITY FACILITIES TO BE
PAYABLEFROMANDSECUREDBYACONTINUINGANNUAL AD
VALOREMPROPERTYTAXLEVIEDATTHEMAXIMUMRATEOF
6. 60 MILLS ON THE DOLLAR OF ASSESSED VALUATION OF
TAXABLE PROPERTY IN THE CITY; PRESCRIBING OTHER
MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY.
WHEREAS, the
City
of Maumelle, Arkansas ( the "
City") is a city of the first class
duly
organized and
existing
under the laws of the State of Arkansas (the "State"); and
WHEREAS, the City Council of the City has determined the need to issue bonds in the
aggregate amount of not to exceed $22, 290, 000 (the "Bonds")
for the purposes of(i) refunding
the City' s outstanding Capital Improvement Bonds Series 2013 and Series 2014 issued in the
original aggregate principal amount of$15, 545, 000 (the "Prior Bonds"); (
ii) financing various
capital improvements ( together, the "Capital Improvements")
including a portion of the costs
of financing the design, construction, improvement and equipping of a Maumelle City Hall and
related city administrative offices; a Senior Wellness Facility; and athletic fields for T-ball and
softball (the "Capital Improvement Bonds"); and ( iii)
paying the costs incidental to the
issuance of the bonds as specifically described in Section 2 of this Ordinance; and
WHEREAS, issuance of bonds for each separate purpose is subject to the approval of
the electors of the City; and
WHEREAS, the City Council has determined that in order to secure and retire the
Bonds it will be necessary to continue to levy the existing ad valorem tax on taxable property
within the City at a rate not to exceed six and six tenths ( 6. 60) mills on the dollar of the
assessed value of taxable property in the City originally approved by the electors of the City at
the special election held on November 16, 1999, and reauthorized at the special elections held
on December 7, 2004 and again on October 9, 2012.
NOW THEREFORE, BE ITORDAINED,
by the City Council of the City of
Maumelle, Arkansas:
Section 1.
There shall be submitted to the electors of the City at the general election
to be held on November 4, 2014, the questions of
issuing
Bonds for each of the purposes and
in the respective amounts specified in Section 2 of this Ordinance. The principal amounts
include all or a portion of(i) the costs of
refunding
the Prior Bonds, ( ii) the costs of the Capital
Improvements, and (iii) expenses of
authorizing
and
issuing
the Bonds. The maximum rate of
the tax to be levied and pledged to secure and retire the Bonds shall be stated on the ballot.
The tax shall not be extended or collected for a longer time than is necessary to pay the Bonds.
Section 2.
The ballot shall be in substantially the following form:
FORMOFOFFICIALBALLOT
FORGENERALELECTIONINTHE
CITYOFMAUMELLE, ARKANSAS
NOVEMBER4, 2014
The bonds that are approved
may
be combined into a single issue of bonds (the
Bonds"), which
may
be issued at one time or in series from time-to-time.
If the Refunding
Bonds in Question # 1 are not approved, no other bonds will be issued.
If any or all of the
Bonds are approved and issued, the City will continue to levy the continuing annual ad valorem
tax, without increase, on all taxable property located within the City of Maumelle at a rate of
six and six tenths ( 6. 60) mills on the dollar of the assessed value of the taxable property (the
Tax") which will be levied in 2014 for collection in 2015 and in each year thereafter, until
the Bonds are paid, the collection of which shall be pledged to secure and retire the Bonds. If
no Bonds are approved and issued, the City will continue to levy the Tax until all outstanding
Capital Improvement Bonds Series 2013 and Series 2014 are repaid in full.
Question 1: REFUNDING OF CITY OF MAUMELLE CAPITAL
IMPROVEMENTBONDS SERIES2013 ANDSERIES 2014 ( THE
REFUNDINGBONDS")
Vote on each question
by placing
an " X" in the square opposite the question either
FOR" or "AGAINST".
Aproposal to issue limited tax general obligation bonds under the
Arkansas Constitution, Amendment 62 and the Local Government
Bond Act of 1985, as amended, in the maximum principal
amount of $13, 845, 000
for the purpose of refunding the
outstanding City
of Maumelle, Arkansas Capital Improvement
Bonds,
Series 2013 and Series 2014 and paying the costs of
issuance related thereto.
FOR the issuance of the Refunding Bonds in the maximum
principal amount of $
13, 845, 000 and paying the costs of issuance
related thereto.
AGAINSTthe issuance of the Refunding Bonds in the maximum
principal amount of$
13, 845, 000 and paying the costs of issuance
related thereto.
Question 2: MAUMELLECITYHALLPROJECTCAPITALIMPROVEMENT
BONDS
by placing
an "X" in the square opposite the question either
FOR" or "AGAINST".
amount of $2, 725, 000 to finance a portion of the costs to design,
engineer, improve, construct, and equip the Maumelle City Hall
and related city administrative offices together with the extension
of utilities, and
including,
without limitation, sidewalks, and
utility relocations together with any necessary land acquisition
and street,
parking and drainage improvements therefor and
paying the costs of issuance related thereto.
FOR a bond issue in the maximum principal amount of
2, 725, 000 for the Maumelle
City
Hall Project capital
improvements.
AGAINST a bond issue in the maximum principal amount of
2, 725, 000 for the Maumelle
City
Hall Project capital
improvements.
Question 3: MAUMELLESENIORWELLNESSCENTERPROJECT
CAPITALIMPROVEMENTBONDS
by placing
an " X" in the square opposite the question either
FOR" or "AGAINST".
Arkansas Constitution, Amendment 62, and the Local
Government Bond Act of 1985, as amended, in the maximum
principal amount of $4, 610, 000 to finance a portion of the costs
to design, engineer, improve,
construct and equip the City of
Maumelle Senior Wellness Center together with the extension of
utilities, and
including,
without limitation, sidewalks, bicycle
paths and utility relocations together with any necessary land
acquisition and street,
parking
and drainage improvements
therefor and paying the costs of issuance related thereto.
4, 610, 000 for the Senior Wellness Center Project capital
improvements.
4, 610, 000 for the Senior Wellness Center Project capital
improvements.
Question 4: ATHLETICFIELDSFORT-BALLANDSOFTBALL
PROJECTCAPITALIMPROVEMENTBONDS
by placing
an "X" in the square opposite the question either
FOR"or "AGAINST".
amount of $
1, 110, 000 to pay a portion of the costs to design,
engineer, construct, acquire, equip and improve athletic fields for
T-ball and softball and related improvements including, but not
limited to, extension of utilities, buildings,
related parking
improvements and
landscaping,
furniture, fixtures and
miscellaneous furnishings, and any necessary land acquisition and
equipment, and street,
parking
and drainage improvements
therefor and paying the costs of issuance related thereto.
1, 110, 000 for athletic fields for T-ball and softball and related
project capital improvements.
1, 110, 000 for athletic fields for T-ball and softball and related
project capital improvements.
Section 3.
If approved, the City may elect to group one or more of the projects set
forth in Section 2 of this Ordinance into a single project or projects in order to achieve cost
savings, greater operating efficiency and functional utility or for other purposes deemed by the
City Council to be in the best interest of the citizens of the City.
Section 4.
The City Clerk is authorized and directed to give notice of the election
by
one publication in a newspaper
having
general circulation within the
City.
Publication shall
be made not less than ten (10) days prior to the date of the election or as otherwise provided by
the laws of the State of Arkansas.
Section S. The election shall be held and conducted and the vote canvassed and the
results declared under the law and in the manner now provided for municipal elections, and
only qualified electors of the City shall have the right to vote at the election.
Section 6.
The Mayor shall proclaim the results of the election by issuing a
proclamation and publishing the same one time in a newspaper having general circulation in
the
City. The results as proclaimed shall be conclusive unless suit challenging the results is
filed in the Circuit Court of Pulaski
County
within
thirty (
30) days after publication of the
proclamation.
Section 7.
Acopy of this Ordinance shall be ( a) filed with the Pulaski Circuit Clerk
at least 70 days prior to the general election date, and (b) shall also be given to the Pulaski
County Board of Election Commissioners so that the necessary election officials and supplies
may
be provided.
Acertified copy of this Ordinance and the Tax Ordinance shall also be
provided to the Commissioner of Revenues of the State of Arkansas as soon as practicable
following its adoption.
Section 8. Subject to the approval of the electors, the issuance of the bonds for the
purposes and the amounts specified in Section 2 of this Ordinance is
hereby
authorized. The
Bonds shall be issued under the authority of Amendment 62 and the Authorizing Legislation.
Section 9.
The City hereby approves and ratifies the engagements of Stephens Inc.
and Crews & Associates, Inc.,
as underwriters for the bond financing, and Wright, Lindsey &
Jennings LLP, Attorneys at Law, as bond counsel.
Section 10. This Ordinance shall constitute an "official intent" under United States
Treasury Regulation Section 1. 150-2 for the reimbursement from proceeds of the Bonds for
expenditures made by the City prior to the date the Bonds are issued for Capital Improvements
and expenses of authorizing and issuing the Bonds.
Section 11.
The provisions of this Ordinance are hereby declared to be separable and
if any provision shall for any reason be held illegal or invalid, such holding shall not affect the
remainder of this Ordinance.
Section 12.
All Ordinances and parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Section 13.
Emergency. It is hereby ascertained and declared that there is an
immediate need to accomplish the refunding of the Prior Bonds and for the Capital
Improvements described in this Ordinance in order to promote and protect the health, safety,
and welfare of the
City
and its inhabitants, and that the improvements can be accomplished
only by
the issuance of the Bonds.
It is, therefore, declared that an emergency exists and this
Ordinance being necessary for the immediate preservation of public peace, health and safety
shall be enforced and take effect immediately from and after its passage.
Adopted this
day
of 2014.
APPROVED:
Mayor Michael Watson
ATTEST:
APPROVEDASTOFORM:
JaNan Davis, City Attorney
SEAL)
Sponsor: Mayor Watson
Saunders Anderson
Aye:
No:
CERTIFICATE
STATEOFARKANSAS )
COUNTYOFPULASKI )
I, Joshua Clausen,
City
Clerk, within and for the
City
of Maumelle, Arkansas do
hereby certify
that the
foregoing
is a true and correct
copy
of Ordinance No. of the
Ordinances of the
City
of Maumelle, Arkansas entitled: " ORDINANCESUBMITTINGTO
THEELECTORSOFTHECITYOFMAUMELLE, ARKANSASATTHENOVEMBER
4, 2014 GENERAL ELECTION THE QUESTIONS OF ISSUING BONDS UNDER
AMENDMENTNO. 62 TOTHECONSTITUTIONOFTHESTATEOFARKANSASIN
THEMAXIMUMPRINCIPAL AMOUNTOF $30, 190, 000 FORTHEPURPOSE OF
REFUNDINGTHECITYOF MAUMELLE, ARKANSASCAPITALIMPROVEMENT
BONDSSERIES2013 ANDSERIES2014; ANDFORTHEPURPOSESOFFINANCING
VARIOUS CAPITAL IMPROVEMENTS TO THE CITY FACILITIES TO BE
PAYABLEFROMANDSECURED BYA CONTINUINGANNUAL ADVALOREM
PROPERTYTAX LEVIED ATTHEMAXIMUMRATE OF 6. 60 MILLS ONTHE
DOLLAROF ASSESSEDVALUATIONOF TAXABLEPROPERTYINTHECITY;
PRESCRIBINGOTHERMATTERS RELATINGTHERETO; ANDDECLARINGAN
EMERGENCY; " passed
by
the
City
Council of the
City
on 2014, said
Ordinance now appearing of record in my office in Book
INWITNESSWHEREOF, I have hereunto set
my
hand and seal office this
day
of 2014.
City of Maumelle, Arkansas
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOF
MAUMELLE, COUNTYOFPULASKI, STATEOFARKANSAS,
ANORDINANCETOBEENTITLED:
ORDINANCENO. 858
ANORDINANCEUPDATINGTHEMAUMELLELANDUSEPLAN
ANDMAPANDFOROTHERPURPOSES
WHEREAS, the Maumelle Planning Commission, as a regular part of its activities,
reviewed and approved an updated version of the Maumelle Land Use Map and desires to adopt
the updated Maumelle Land Use Map; and
WHEREAS, on June 26, 2014, at a public hearing, a majority of the members of the
Planning Commission approved a motion to recommend adoption of the updated land use map to
the Maumelle City Council; and
WHEREAS,
the City Council has reviewed the recommendations of the Planning
Commission, the recommendation of staff, has obtained facts, statements and other information
concerning the request to adopt the updated land use plan; and
NOW, THEREFORE, BEITORDAINEDBYTHECITYCOUNCIL OF THE
CITYOFMAUMELLE, ARKANSAS, ASFOLLOWS:
Section 1.
The Maumelle Land Use Plan and Map is hereby adopted as shown and set forth in
the map attached hereto as Exhibit A.
Section 2. Repealer.
All other ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict.
Section 3. Severance.
If any clause, sentence, paragraph, section or other portion of this
ordinance is found to be unconstitutional, invalid or inoperative by a court of competent
jurisdiction, such findings shall not effect the validity of the remainder of these sections, nor
shall any proceeding invalidating any portion of any section operate to affect any portion of
the remainder of said sections not specifically attacked in said proceeding.
Adopted this
day
of 2014.
ATTEST:
APPROVEDASTOFORM:
Saunders Anderson
Aye:
No:
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOF
MAUMELLE, COUNTYOFPULASKI, STATEOFARKANSAS,
ANORDINANCETOBEENTITLED:
ORDINANCENO. 859
ANORDINANCEUPDATINGTHEMAUMELLEZONINGMAPAND
FOROTHERPURPOSES
WHEREAS,
the Maumelle Planning Commission, as part of its regular activities,
reviewed and considered an update to the Maumelle Zoning Map showing changes which have
been adopted since the last update of the Maumelle Zoning Map, and suggested that the Council
adopt the updated Maumelle Zoning Map; and
WHEREAS, on June 26, 2014, at a public hearing, a majority of the members of the
Planning Commission approved a motion to recommend adoption of the updated zoning map to
the Maumelle City Council; and
WHEREAS,
the City Council has reviewed the recommendations of the Planning
Commission, the recommendation of staff, has obtained facts, statements and other information
concerning the request to update the Maumelle Zoning Map; and
NOW, THEREFORE, BEITORDAINEDBYTHECITYCOUNCILOF THE
Section 1.
The Maumelle Zoning Map is hereby adopted to reflect that which is shown on
Exhibit Aattached hereto and adopted by reference as if set forth herein.
Section 2. Repealer.
All other ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict.
Section 3. Severance.
If any clause, sentence, paragraph, section or other portion of this
ordinance is found to be unconstitutional, invalid or inoperative by a court of competent
jurisdiction, such findings shall not effect the validity of the remainder of these sections, nor
shall any proceeding invalidating any portion of any section operate to affect any portion of
the remainder of said sections not specifically attacked in said proceeding.
PASSEDthis
day
of 2014.
ATTEST:
APPROVEDASTOFORM:
Saunders Anderson
Aye:
No:
NOTICE
CITYTREEBOARDVACANCIES
The Mayor and City Council are accepting resumes from residents interested in serving
on the City' s Tree Board. Two citizens will be appointed to three-year terms ending June
30, 2017. An applicant must be a resident of Maumelle. Desired backgrounds for
applicants include land development,
forestry, landscaping
or horticulture,
utility
industry,
and
City
Beautification Committee,
but any with a desire to serve are
encouraged to
apply.
The Director of
Planning & Zoning and the Director of Parks and
Recreation serve as permanent non-
voting
members of the Board. Resumes should be
submitted to the City Clerk/Treasurer, Joshua Clausen, 550 Edgewood Drive Suite 590,
Maumelle, AR 72113, no later than
July
16, 2014.
Resumes will be reviewed by the
Mayor and appointments will be made at the regularly scheduled City Council meeting
on
July
21, 2014 at 6: 00
p.
m. at
City
Hall.
Please contact Jim Narey, Director of
Planning
and
Zoning,
at 851- 2500 with
any
questions.
GRANDCHILDOFTHEFOREST
My grandfather, Herbert C. Rule, came toArkansas with his wife, Idazora, in the mid-1890' s from
eastern Iowa with a group ofmen who founded the Crossett Lumber Co. He became its first Secretary-
Treasurer and helped guide the complicated development of south Arkansas virgin timberland in its
early days until his untimely death from tuberculosis in 1905 at the tender age of 38. Afew years later
my gritty, widowed grandmother moved with her three young children to Little Rock where she lived
in the still-standing Abeles Apts in the 1400 block ofLouisiana. She became a pillar ofthe community
as a founder ofthe Women' s City Club, the first woman on the ARWomen' s Prison Bd and a Sunday
school leader at
1St
Methodist Church, etc., etc. The pulpit Bible there is dedicated in her memory.
Herbert had encouraged Crossett Lumber to forge a close relationship with the Yale School of Forestry
which led tothe pioneering implementation ofprogressive re-forestation policies. Previously,
lumbermen clear cut the plentiful southern yellow pine forest land and moved on. Crossett Lumber
decided that re-forestation was a wiser use of resources and a more efficient guarantee ofprofit. Partly
as a by-product ofthis relationship, my uncle, father, older brother, a cousin, a nephew and myself
attended Yale College. During the Great Depression my uncle and dad opened a furniture store at 7th
and Arch with part oftheir timber inheritance that more or less thrived into the 1960' s.
So, one could say, trees (and lumber products) are in my genetic roots.
One of my earliest memories is sitting in our yard wondering when the big pecan tree would start
dropping the autumn crop; later the joy ofharvesting and eating more ofthem than my big brother. My
mother was a serious gardener so we were surrounded by lovely spring-flowering trees I would help
care for. During frequent summer droughts they required special attention. During graduate school
days in California in the 60' s I became an avid tree-hugger and worshiped as frequently as possible in
sacred, awe-inspiring groves of redwood and sequoia.
Soon after returning to Little Rock in the early ' 70' s, I bought some lots near a friends place on a ridge
overlooking the south shore of Greer' s Ferry Lake. Though never built upon( and now compromised
by nearby fracking activity), I have spent countless hours there, inspired by the incredible view over
the lake and carefully tending and pruning the numerous and varied arborial inhabitants that frame it.
Thru the ensuing years, until 2006 Iowned homes in Little Rock' s historic Quapaw Quarter, Hillcrest
and Kingwood neighborhoods. The appearance and enjoyment ofall, I can say immodestly, were
enhanced by the careful care I took of surrounding trees.
Last week I received a rather hefty check from Roselawn Cemetery to resolve a" misunderstanding"
that arose over the Rule family plot after the death of my beloved sister six years ago. It is located
underneath an imposing 75- 100year old oak. To satisfy her burial wishes and plan for the future, it
made sense to
buy
some adjacent spaces that were also available. I was assured that
utilizing
the
spaces which almost abutted the tree, even for full-length burials, would have no adverse affect on its
longevity. Not long after my sister' s burial and later visitations I began to question the validity ofthat
assessment. I looked around and saw many ofthe great trees in the cemetery dead or dying most with
tombstones marking burials right up to the trunk ofthe tree. Having moved to a condo in Maumelle' s
Fairway Woods in the fall of 2006, to be closer to, and hopefully finally build at, Greers Ferry and
having taken a tree care class by Pete Bausch, I asked himto assess the grave/tree situation at
Roselawn. His conclusions( attached) confirmed my concerns.
Last week, after years of wrangle, Roselawn refunded a large portion ofthe original purchase price of
the plots and took back others near the base of the tree that were also legally designated for use as
cremains only in perpetuity.
Aproud old post oak, symbol ofthe Tree of Life, now has a better chance to live out its natural life
guarding and shading the remains of Idazora, Herbert, Jr., Uncle John, cousin Bill, numerous other
aunts, uncles, cousins and no doubt those ofmy brother and me all ofwhom were/are and will
continue to be nourished and significantly sustained by my grandfather' s investment of self and
resources in the Crossett Lumber Company over a hundred years ago.
And, as I sit at my window writing this and looking out over river and passing barges and Riverland' s
Maumelle Heights park from our new residence at 24 Crystal Mt. Dr., I want to do what I can at age 71
to make sure that its trees are well cared for and that all Maumelle trees get the ongoing attention they
deserve as one of our community' s greatest natural resources.
This summer Iwatered the dogwood at Lake Willastein for a week and have taken part in other park
activities and rehabs over the years. Terry Jones has recommends my Tree Board application as
President ofthe Friends of Lake Willastein( www.terryjones@sbcglobal.net).
My next door neighbor
at Fairway Woods, Burch Johnson, former mayor of Maumelle and present city board member, also
supports
my
application( www.burchjohnson@aol. com). I also get a nod from Pete Rausch, arborist
extraordinaire, whose business is based in Maumelle( www.peterausch@sbcglobal. net).
So, please accept this as an application for a position on the Maumelle Tree Board. I will be happy to
provide you with a more formal resume upon request ifnecessary.
M
y thank,
ames B. Rule r
8/ 26/2013
k
u
A
w
yr,
a
W
e
r
F'
Greers
Ferry
lake from Cliff View lots
i
ham-
9.
Roselawn plot/Little Rock
TreeHeakhCare+
Mr. James B. Rule
37 Fairway Woods Circle
Maumelle, AR72113
5 November 2008
Dear Mr. Rule,
At your request, I inspected a tree at Roselawn Cemetery in Little Rock. The tree is in an area of
concern to you in that the tree may be subject to injury due to nearby burials.
The subject tree is a Post oak( Quercus stellata) thirty-five inches in diameter, approximately
sixty feet tall and it' s age is estimated tobe between eighty and one hundred ten years. The tree
is in very good condition with no major structural defects, though some natural dead branches
are present and should be removed with proper pruning. No sign ofdisease or insect pests were
noted. The tree has been open grown resulting in a large, spreading and well balanced crown.
The nearest burial plots were placed in 1955 as noted on the inscriptions. Future burials, as
indicated in the plot diagrams provided, would put excavation as close as one foot tothe base of
the tree. Any further excavations would extensively sever and damage the roots ofthe large tree.
The root severing would disconnect the flow ofwater and nutrients tothe tree. As a result of
root damage ofthis type, the typical response ofa tree is death at the branch ends, progressing
inwards towards the main trunk over a period of one to three growing seasons. Depending on
how many roots are severed, death ofthe tree could occur within this time. Another concern
with roots being severed close to the trunk is a significant reduction in stability and the clear
potential for this tree to fail at the ground level and fall, likely causing damage to nearby graves
and possible personal injury.
In my opinion, this large, mature tree would likely succumb to dieback, death or windthrow if
any additional excavations are made within one to ten feet ofit' s base. Ihave included some
information for you toreference. Please feel free to contact me at any time should you have
questions or require further information.
Best Regards,
Peter Rausch
Forester, Certified Arborist
Tree Health Care, LLC
Tree Health Care, LLC
16 Chicot Dr., Maumelle, AR72113, 501-837-1212, www.treehealthcare. net
SETTLEMENT AGREEMENT
This SETTLEMENTAGREEMENT(the "Agreement") is effective this
an L
Day of August, 2013, by and among Herbert C. Rule, III and James B. Rule ( collectively,
the"Rules") and Roselawn Memorial Park("Roselawn") (
collectively, the "Parties").
WITNESSETH
WHEREAS, the Rules purchased Grave Space Nos. Five A(5- A) and Six A(6-A) in Lot
No. Nine (9) and Grave Space Nos. Five (5), Six( 6), Seven( 7), Eight (8), Nine (9) and Ten( 10)
in Lot No. Sixty Eight (68) in the Ravenna Section of Roselawn on December 20, 2007 for the
sum of Nine Thousand and No/ 100 Dollars ($9,000. 00),
as evidenced by the Warranty Deed
attached hereto as Exhibit "1; "
WHEREAS, a misunderstanding exists between the Parties; and
WHEREAS, the Parties wish to resolve the misunderstanding;
NOW THEREFORE, and for good and valuable consideration paid, the receipt and
sufficiency ofwhich is hereby acknowledged, the Parties agree as follows:
1) Purchase and Conditions
Roselawn agrees to purchase and the Rules agree to sell Grave Space Nos. 8, 9 and 10 in
Lot No. 68 for the sum of Four Thousand Dollars ($4,000. 00). The parties also agree that
Grave Space Nos. 5, 6, 7, 8, 9 and 10 in Lot No. 68 will only be used for burial of cremation
ashes so
long
as the tree shown on attached Exhibit "2" is alive pursuant to current depth and
spacing regulations for cremation permitting 2 cremation graves per Grave Space with
dimensions of 12"wide, 12" long and 24" deep.
2)
Release of Liability
The Rules agree to execute and deliver to Roselawn a Release in the same form as
Exhibit "3" hereto contemporaneously with receipt ofthe payment of$4,000. 00by Roselawn.
3)
Integration Clause
This Agreement represents and contains the entire agreement and understanding among
the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior
oral and written agreements and understandings, and no representation, warranty, condition,
understanding, or agreement of any kind with respect to the subject matter hereof shall be relied
upon
by
the Parties unless incorporated herein.
This Agreement may not be amended or
modified except by an agreement in writing signed by the party against whom the enforcement
of any modification or amendment is sought.
4) Miscellaneous
Each party has reviewed this Agreement and accordingly the normal rule of construction to the
effect that
any
ambiguities are to be resolved against the
drafting party shall not be
employed in the interpretation of this Agreement.
It is understood and agreed that this Agreement is a compromise settlement of a
misunderstanding and that the consideration for this Agreement shall not be construed to be an
admission of liability by Roselawn to the Rules or any other person or association or corporation
whatsoever.
5) Counterparts
This Agreement may be executed in any number of counterparts of which together shall
be deemed to be an original, and all of which together shall be deemed one and the same
instrument.
INWITNESSWHEREOF, the Parties have executed this Agreement as of the day and
year first written above.
Au/14
Herbert C. Rule, III
e2e4
mes B. Rule
Roselawn Memorial Park
By:
7- 17`itv-
James M. McHaney, Jr.
President
2.
ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOF
MAUMELLE, PULASKI COUNTY, ARKANSAS
RESOLUTIONNO. 2014-30
ARESOLUTIONTOGRANTACONDITIONALUSEPERMITTO
THECITYOFMAUMELLEFORTHECONSTRUCTIONANDOPERATION
OFAMUNICIPALFIREDEPARTMENT
WHEREAS, The Maumelle Planning Commission conducted a public hearing
and meeting on June 26, 2014 to consider a Conditional Use Permit for certain property,
zoned C2 Town Center Commercial and more described below, which is within the City
of Maumelle, Arkansas; and
WHEREAS, a motion to recommend approval of the Conditional Use Permit
received a unanimous vote of all Planning Commissioners in attendance; and
WHEREAS, According to those provisions of the Maumelle City Code which
govern the use of lands zoned C2 Town Center Commercial in the City of Maumelle, the
City Council considered the request for a conditional use permit for a municipal and
governmental use, namely, a municipal fire station.
WHEREAS, the Conditional Use Permit, as requested, does not adversely affect
the character of the subject property.
NOW, THEREFORE, BEITORDAINEDBYTHE CITYCOUNCIL OF THE
SECTION1.
The application filed by Mayor Michael Watson, in his official
capacity as the Chief Executive Officer of the City of Maumelle, seeking a conditional
use permit for a municipal and governmental use, namely the operation of the Maumelle
Fire Department, a department of the governmental entity, in a C2 Town Center zone, is
approved. Aconditional use permit is
hereby
granted to the
City
of Maumelle, (the
principal municipal operation of which is located at 550 Edgewood Drive, Suite 590, in
Maumelle, Arkansas, 72113), to construct and operate a fire station on that parcel of C2
Town Center Commercial property located on Club Manor Drive, northwest of the
intersection of Odom Boulevard and Club Manor Drive in Maumelle.
SECTION2.
The Council approves the application as presented ( including the
Site Plan approved by the Planning Commission) and fully incorporates the application
and approved plans herein as if set forth word for word by attaching the same hereto as
Exhibit A.
Approved this
21st
day of July, 2014.
ATTEST:
APPROVEDASTOFORM:
SPONSOREDBY:
Mayor Watson
Saunders Anderson
Kelley Mosley
Lewis Hogue Johnson Norris
Aye:
No:
Page 2 of Resolution 2014-30
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Ci of Maumelle
a
al,
a - aktt A jb. A
Application is hereby made to the Maumelle City Council through the
Planning
Commission pursuant to the provisions of Ordinance # 61, the
Maumelle Zoning Ordinance which was adopted in accordance with the
requirements of Act 186 of 1957 Acts of Arkansas petitioning to allow
a Conditional Use Permit in the following described area:
Title to this property is vested
in 7
re.c. rir0.
0 Ve4*
Ir."?
Property
is zoned:
e"-
Ae
It is desired that a Conditional Use Permit be issued to allow for the
following
use: r~, e
vr
7, -v.,
It is understood that notice of the public hearing hereon must be
published in accordance with the requirements set forth in the
instructions given with this application. It is further understood that
the cost and -
ponsibility of such notice is bore by the applicant.
a.71,
Signature of Applicant bate
Address: -5--s- 0
ce-t-,ee, . 42. / 2. s r
0 A"'" Art- " fr< "
Pho at. r/-.
14-0a
6/ 9/ 2014
V
V
Si o ,, rter bate
Address: 426 *. Jefferson 8. rin:field MO 65806
Phone:
417) 831- 0174
STAFF USEONLY
Planning
Commission
Meeting
bocketed for 20 , at
p. m.
Filing Fee:
Planning
Commission Action: Approved: Denied:
Date:
City
Council Action: Approved: beniect:
Date:
Ordinance No:
tt , g0
TtiE
MA
June 2, 2014
Jim Narey, Director
Planning and Zoning Department
City of Maumelle
550 Edgewood Drive, Suite 590
Maurnelle, AR 72113
Subject: Tract E-2, Town Center Addition, Maumelle, AR
Dear Mr. Narey:
The City of Maumelle requests a Conditional Use on a portion of Tract E-2, Town
Center Addition to allow for the construction of a new Fire Station. Arepeat, a site
plan, a landscape plan and documents required for a commercial building design
will be submitted as a part of this submission.
There will also be a roadway
as a part of this development, The City requests these items be
placed on the Planning Commission' s June agenda.
Please contact me if you need any further information.
Sincerely,
Michael atson
Mayor
la 550 EDGEWOOD DRIVE/ SUITE590 / MAUMELLE, ARKANSAS72113
501) 851- 2500 FAX(501) 851- 6738
ZONINGSUMMARY
CONDITIONALUSEPERMIT
NAME
OWNER: Maumelle Assisted Living Center, LLC
APPLICANT: City of Maumelle
REQUEST: Conditional use permit request
PURPOSE: Locating a fire station in a C- 2 zoning district
EXISITINGZONING: C- 2( Town Center)
LEGALDESCRIPTION: See boundary survey
LOCATION: Intersection of Club Manor Drive and Odom Boulevard.
SITECHARACTERISTICS: undeveloped flat tract
EXISITINGLANDUSE: Commercial
ABUITINGLANDUSEANDZONING:
NORTH: Land Use" OS"( open space)
Zoning"
OS"( open space)
SOUTH: Land Use" OS"( open space)
Zoning"
OS"( open space)
EAST: Land Use"COMM"( commercial)
Zoning"
PCD"( planned commercial
district)
WEST: Land Use" OS"( open space)&" SFD"(
single family detached)
Zoning"
OS"( open space)&" R- I"(
single family residential)
ZONINGHISTORY: No recent re- zoning requests on file.
Page 1 of 2
ZONINGANALYSIS
Conditional Use
DEMAND: As existing fire station at Millwood Circle is being phased out second fire station
was needed to complete city coverage.
CONFORMANCEWITHMUNICIPALPLANS: (See analysis and summary)
ENVIRONMENTALIMPACT: None noted
NEIGHBORHOODPOSITION: Two public responses, one negative, one positive.
PUBLICSERVICES: Will provide increased fire, rescue, and emergency response to the south
side ofMaumelle.
PUBLICFINANCES: Proposed fire station to be financed through a bond project.
LEGALCONSIDERATIONS/ REASONABLENESS:
QUALITYCONTROLS:
TRAFFICEANDSTREETRIGHT-OF-WAY: Adequate ingress-egress
ANALYSISANDSUMMARY: Request by applicant seems quite reasonable. This proposed
location was approved by Interim Fire Chief Payne to allow for maximum coverage of the City.
STAFF RECOMMENDATIONS: Staff recommends for a" do-pass" recommendation to the
Maumelle City Council.
Page 2 of 2
501 664 3245 501 664. 6704 I
Crofton Tull
0-
m mwu i" m
Coowoy
June 1l3014
LOUHMI
OVotona City
aors
Mr. Jim Narey
Director of Planning
S5VEd0evood Dr. Suite 598
84uurneke,# B72113
Re: New Fire Station Conditional Use Site Plan Review
Dear Mr. Narey,
Enclosed please find plans for a Conditional Use Site Plan Review for a new fire station in Maumelle.
The plans package includes a dimensional site plan which shows the building footprint, vehicular use
areas, sidewalks, new street, and quantitative data for the site and development. Also included with this
submittal is a landscape plan and an irrigation head layout plan.
The site is currently zoned C-2 and is generally located at the cornerof Odom Blvd. and Club Manor
Drive in Maumelle, The site is a 1. 309 acre tract that Is currently part of a larger 5.O33 acre tract(Tract E-
2). The fire station site will be become a lot of record by a separate replatting action.
Please let me know if you need any additional information concerning this Conditional Use Application.
Sincere ,
Vice PreentLandscape Architecture
SITEPLANREVIEWCHECKLIST& STAFFCOMMENTS
MenneIle Fire Station#2 June 19, 2014
Doesuot
Comply
Complies Samna Staff Review
Site Plan Submission Requirements
o
It Asite plan is to be submitted on white paper no larger than twenty-four(24) inches by
thirty six( 36) inches and no smaller than twelve( 12) inches by twenty-four(24)
inches, including:
O
1
Z Graphic scale
o 13 3. Proposed lot lines if applicable
O
13 4. Existing and proposed vehicular and pedestrian circulation systems including streets,
alleys, walkways, service areas and loading, street parking areas, and all points of
vehicular ingress and egress
O
IXI. 5.. Proposed perimeter treatment of the property, indicating screening materials to be
used, including fences, walls, and plant materials
O
la 6. Schematic landscape plan showing proposed treatment of the areas designated as
private common open space
o
114 7. Location and dimension of all existing and proposed utility, drainage, and street
easements and all existing public improvements within the site
O E3 8. Proposed location of structures and structural dimensions, dimension of distances
between buildings, and distances from structures to property lines
0Comply09. Engineering drawings with pertinent location dimensions and capacity of surface
drainage in conformance with at least the minimum requirements of the City's
Subdivision Regulations( Chapter 70).
O E3 10. Statement of proposed use of land and structures
0NA0
11. Atopographical cross section map of the site and the location of the 100-year flood
elevation if involved on the parcel of land
12. Quantitative data including the following information;
o 12 13. Parcel size
O
12 14. Proposed building coverage of principal and accessory buildings
O
Fa 15, Proposed floor area of principal and accessory buildings
0
El 16. Proposed number of parking spaces
12 17. Aregistered land survey showing the exact property or boundary lines, including a
legal description of the total site(s) proposed for development including a statement
of present ownership
DNA0 18. Paid site plan review fee
0
la 19. Proof of a public notice being published one (1) time seven ( 7) days prior to the
PlanningCommission' s public meeting
Site Plan Review Checklist At Staff Comments
Pagel of 3
y
u rtelle FireStation#2 June 19, 2014
not k.
Comply
Complies Second Staff Review
Review Procedure and Authority
The Planning Commission shall review site plans prior to the issuance of a building
permit, The plan will be assessed for compatibility with standards and criteria provided,
Public hearing of a site plan proposal shall take place at scheduled meetings at which
time interested persons may appear and offer information in support of or against the
proposed site plan. The Planning Commission, following said public hearing, will then
take one of the following steps:
Approve the site plan as submitted;
Approve the site plan,with modifications;
Defer the site plan for future review; or,
Deny the site plan,
The Planning Commission may also impose such additional requirements as are
necessary
to safeguard the public health,
safety
and general welfare.
The Planning
Commission may require the applicant to submit a revised site plan incorporating the
imposed requirements and modifications or may elect to approve a site plan on the
contingency the requirements and modifications will be made.
Effect of Approval
An approved site plan shall be binding on the applicants and their successors and
assignees. No building permit shall be issued for any building or structure not in
conformance with the site plan. The construction, location, use, or operation of all
land and structures within the site shall be in accordance with all conditions and
limitations set forth in the site plan. No structure; use or other element of an
approved site plan shall be eliminated, altered, or provided in another manner unless
an amendment is approved in accordance with this section, provided, however, that
the Mayor,may approve such minor changes in the site plan as will not cause any of
the following circumstances tooccur:
Any change in the allowableuse of the development.
An increase of greater than five(5) per cent in the number of dwelling units,
but not to exceed the total allowable dwelling units in the respective zoning
classification.
Any modification compounding the problems of vehicular circulation, safety,
and provision of public utilities.
Any modification having an adverse impact on adjacent property.
Any appreciable reduction of the approved building setback lines.
Any reduction of the off-street parking and loading requirements below
those specified in this Ordinance.
Any change in the allowable size, lighting, or orientation of signs
Site Plan Review Checklist& Staff
Comments
Page 2
of
Maumelle Fire Station#2 June 19, 2014
Does not
Comply
Complies Second staffReview
Site Plan Disapproval
A finding by the Planning Commission of lack of compliance with the following
standards may result in disapproval.
O E3
20. The proposed site plan is complete or contains or reveals no violations of this
Regulation or applicable zoning regulations which the applicant has not, after written
request, failed or refused to supply or correct.
0 [E]
21. The proposed site plan does comply with the minimum height and bulk and area or
density regulations applicable to the zoning classification for which the site plan has
been requested.
0 El
22. The proposed site plan does comply with the minimum screening and landscaping
requirements of the City of Maumelle as determined by the Planning Commission or
the Council.
O
133
23. The proposed site plan does not interfere unnecessarily with easement, road-ways,
utilities, and other public or private rights-of-way.
O 24. The proposed pedestrian and vehicular circulation systems incorporated in the site
plan donot subsequently create hazards tosafety on or off the site.
E21
25. Th proposed site plan does conform to the minimum drainage requirements found
in the Subdivision Regulation.
0 26, The proposed site plan does not violate the basic intent of this Regulation and
complies with those conditions which were stipulated at the time of zoning
designation.
0
M 27. Two copies of the Storm Water Pollution Prevention Plan( SWPPP) for City review
and approval. Also provide contact information for responsible persons including
their addresses and telephone numbers.
Appeals
Any applicant a:: rieved by a decision ofthe Planning Commission as it relates tothe
site plan review process shall have the right to appeal tothe City Council.
Staff Comments:
Additional Comments:
Staff Recommendations: Staff recommends for approval contingent upon satisfaction of all
City Engineer comments and any Commissioner comments.
Site Plan Review Checklist St Staff Comments Page 3 of 3
LANDSCAPEPLANREVIEWCHECKLIST& STAFFCOMMENTS
Wormlle Fire Stat Station June 19, 2014
Dees not
Comply
complies Second StaffReview
Landscape Requirements for Vehicular Use Areas
Peripheral Coverage
1,
Landscaping strip(s) shall be located between the vehicular use area and the abutting
property lines and shall be at least six( 6) feet in width beyond vehicular encroachment For
small or irregular shaped lots, the Planning Commission may grant a variance to not less
than four(4) feet in width;
2.
One tree for each thirty(30) linear feet shall be located in the landscaping strip(s). Where
peripheral landscaping areas abut, the spacing of trees shall be staggered;
3.
One shrub for each five (5) linear feet shall be planted in the landscaping strip(s), and
appropriate ground covers, grasses, or earth berm shall,complete landscaping in the strip(s);
4.
All vehicular use which abuts property zoned residential, or is currently used for
residential, shall have a six( 6) foot wall or screen. If the distance between the vehicular use
area and the residential property line is at least fifty(50) feet then a hedge no less than two
and one-half(2 1/ 2) feet and no more than six( 6) feet or a wall or other durable opaque
landscape barrier of no less than four( 4) feet and no more than six(6) feet shall be allowed.
Any approved wall, hedge or fence shall extend the entire length of the strip for the
purpose of visual separation. In addition, a minimum of one( 1) shrub or vine for each five
5) feet of fence or wall shall be planted between the barrier and the vehicular use area.
Street Coverage
5.
Landscaping strip(s) shall he located between the vehicular use area and abutting right-of-
way and shall be at least eight(8) feet in width beyond vehicular encroachment;
11 6.
Concrete curbing or other approved material shall be provided around the base of each
planter area or landscape strip;
d 7.
Aplanting screen or durable landscape barrier (30" in height measured from adjacent
vehicular use grade) shall extend the entire length of the landscaping strip(s). Breaks in the
barrier may be incorporated for aesthetic or security purposes. If a barrier is of a non living
material, its height, design and location must be approved by the Commission;
8.
One shrub or vine for each five (5) feet of non living durable barrier shall be planted
between the barrier and the vehicular use area. These planters need not be spaced five( 5)
feet on center, but rather, except for freestanding specimen plants, may be planted in
groupings of three( 3) or less, The remainder of the landscape strip(s), shall be improved
with grass, ground cover, shrubs, or other landscape treatment excluding paving and sand,
9. Trees shall provide an eight(8) foot height limb clearance except multi-trunk species which
shall be so installed and maintained as not to create obstructions to vehicular and/ or
pedestrian traffic.
Interior Coverage
IN 10. Six( 6) percent of the interior of a vehicular use area shall be landscaped. Each planter area
shall contain at least eighty ( 80) square feet, or portion thereof, based on percentage
calculations. Shrubs, ground covers and trees shall be included in each planter area. There
shall be at least one hardwood shade tree in each planter;
11. Concrete curbing or other similar approved materials shall be provided around the base of
each planter area, to separate such area from adjacent contiguous property;
23 12. Industrial yards and compounds used for storing materials, manufactured products,
equipment, truck loading and unloading, may be excluded from interior coverage
requirements.
Landscape Plan Review Check ist& Staff Comments
Page 1of2
LANDSCAPEPLANREVIEWCHECKLIST& STAFFCOMMENTS
Maumelle Fire Station#2 June 19, 2014
Does not
Comply
Complies Second StaffReview
Landscape Plan Submission Requirements
Irrigation Requirements
O ]
13. Automatic irrigation shall be required for all landscaped areas except upon obtaining a
variance from the Planning Commission
0
El 14. North Point and scale;
0
15. All dimensions and property lines;
O
12 16. Existing and proposed lighting, parking spaces, access aisles, driveways, sidewalks, wheel
steps, curbs, and other vehicular use controls;
0
El 17. The location of curb cuts on adjacent property, median openings on abutting streets, related
buildings, and adjacent land uses;
0 18. Existing traffic controls, parking meters, utilities, fire hydrants, building exits, and storm
sewers located on public right-of-way abutting the property;
O
El 19. The location, species and size of all existing isolated trees six( 6) inches or more in caliper
and the outline of all tree masses. Significant shrub masses which are to be preserved
should also be shown, Trees or tree masses to remain under the proposed development
should be designated as such;
O
1 20. The location of all proposed plant materials. The botanical and common names, together
with the quantity, spacing and size of all such materials;
0
21. An exterior elevation and a wall section for any decorative screen indicated on the plan;
O
D# 22. Existingand finished grade spot elevations and/ or contour lines,
O
E3 23. Irrigation plan with spray radii.
Staff Comments:
Staff Recom mendat ons: Staff recommends for approval as resubmitted.
Landscape Plan ReviewChecklist St Staff Comments
Page 2of2
MINUTES
REGULARMEETING
CITYOFMAUMELLE
PLANNINGCOMMISSION
JUNE26, 2014
6: 30 PM
CITYHALL
COMMISSIONMEMBERSPRESENT
John Todd
Craig Johnson
Mike Fisher
Gary Washam
Hall Ramsey
COMMISSIONMEMEBERSABSENT
Adrian Greene
Robin Green
STAFFMEMBERSPRESENT
Tina Timmons,
Marketing&
Research Assistant
Jim Narey, Planning Director
JaNan Davis, City Attorney
OTHERSTAFFMEMBERSABSENT
Lawren Aycock, Project Coordinator
Mizan Rahman, City Engineer
Dwight Pattison, Planning Consultant
Chairman Fisher called the regular meeting ofthe Maumelle Planning Commission to order
at 6: 30pm.
ANNOUNCEMENTS
Mr. Narey announced Mr. Rahman and Mr. Pattison would not be in attendance tonight. Also,
Commissioner Greene, and Commissioner Robin Green would be absent as well.
Mr. Narey reminded the Commissioners that Alderman Jan Hogue is taking up a collection for a
commemorative bench in honor of former Planning Commissioner Wallace Wyeth. Commissioner Wyeth is
known for being a champion for pedestrian walkways in Maumelle.
APPROVALOFMINUTESFORMAY22, 2014
Chairman Fisher asked for comments and/or changes to the minutes as submitted.
MOTION: Commissioner Todd made a motion to approve the minutes as submitted.
Commissioner Ramsey seconded the motion and the motion passed 5 in favor, 2 absent.
PUBLICCOMMENT
There were no public comments
OLDBUSINESS
There was no old business
NEWBUSINESS
Chairman Fisher Convened Board of Zoning Adjustment
1.
Request for variance regarding Section 94-166c. Yard and area
requirements (specifically a proposal to compromise the 25 foot front yard
setback) for#24 Onieda Point. Lot 139.
Commissioner Todd wanted clarification that the existing subdivision in an undeveloped
area. Mr. Morley, Director of Code Enforcement stated there is one house in the cul-de-
sac but there are other houses built there with similar setbacks, and the houses back up to
a neighboring sub-division.
Mr. Narey added there was a sign placed in the applicant' s yard advertising a public
hearing and he' d received 3 calls, two positive and one neutral.
Applicant William Millard, 115 Southshore Drive asked for a 2 foot variance brick to
brick to add to his backyard for his children to play in. He stated he has plans to build the
yard up after the survey is completed. He also stated he would only be able to build so far
due to the location of the drainage ditch to his yard. Commissioner Todd asked if Mr.
Millard was referring to the drainage ditch located on the 15 foot access easement. Mr.
Millard stated yes, which is why he would only build to 267' so he will not have to build
near the retaining wall. Chairman Fisher asked for clarification of the garage location.
Commissioner Johnson asked for more information regarding his hardship. Mr. Millard
stated he has special need twins. Mr. Morley stated he would not have a problem with the
applicant being 25 foot on the building line.
MOTION: Commissioner Todd made a motion to grant a variance regarding Section 94-
166c. Commissioner Ramsey seconded the motion. The motion failed 5 against, 2 absent.
Commissioner Todd asked Madam City Attorney ifthe applicant had the right to appeal
And she stated that he could appeal to Court of Record.
Chairman Fisher Re-Convened the Maumelle Planning Commission
2. Mr. Narey stated the City ofMaumelle had requested a Conditional Use Permit to locate a Fire Station in
a C- 2 Zoning District. Mr. Narey stated after 2 weeks with 2 large signs on the property, he received 3 calls;
one positive, one neutral, and one negative. Staff recommends a do-pass to the Maumelle City Council.
Commissioner Fisher asked for clarification on the process of the Land Use and Site Plan. Mr. Narey stated
the specific Conditional Use Permit including the Site and Landscape Plan automatically moves on to the
City Council for approval of the Conditional Use by resolution. However, the Commission approves the
actual Land Use Plan and Site Plan.
Mayor Mike Watson, representing the City of Maumelle stated the City Council agreed to the purchase of 6
acres of land located directly adjacent to the First Christian Church west of the existing Kroger store. Mayor
Watson stated 1. 31 acres will be used for a Fire Station. The footprint ofthe station is basically the same.
However, a City street will be built in order to give rear access. Mayor Watson also stated the City Council
can decide how the remaining acres can be used in the future. Commissioner Johnson asked ifthe land
would be sub-divided. Mayor Watson stated the Fire Station will be on a separate lot as a re-plat.
Commissioner Washam asked ifthere were any plans for a traffic light. Mayor Watson stated there are no
current plans for a traffic light. Chris Johnson with Jackson-Brown- Palculict Architects asked if anyone had
any questions for him. There were none.
MOTION: Commissioner Todd made a motion for a recommendation to the City Council for a do-pass for
a Conditional Use Permit to locate a Fire Station in a C- 2 zoning district. Commissioner Johnson seconded
the motion. The motion passed 5 in favor, 2 absent.
3. Mr. Narey stated that Crafton-Tull needed to fix the typo on the boundary survey reflects an 80 foot right
away on Club Manor but shows 60 foot on the site plan. Mr. Narey stated he will get it corrected by
Crafton-Tull before sending it to the City Council. City Engineer Rahman is fine with the drainage in the
area. Staff will recommend for a contingent approval. .
MOTION: Commissioner Johnson made a motion for a do-pass recommendation for the Site Plan for the
proposed Fire Station location to the City Council contingent on staff comments. Commissioner Washam
seconded the motion. The motion passed 5 in favor, 2 absent.
4. Mr. Narey stated staff recommends approval of the re-submitted Landscape plan for the proposed Fire
Station location.
MOTION: Commissioner Johnson made a motion for an approval ofthe Landscape plan for the Fire
Station location. Commissioner Washam seconded the motion. The motion passed 5 in favor, 2 absent.
Chairman Fisher stated the Commercial Building Design for the proposed Fire Station location has been
deferred.
Mr. Narey stated the Master Zoning and Land use Map have both been updated to make more readable. Mr.
Narey also thanked all who were involved in the process. Commissioner Washam asked ifthere was a
duplex located in the northern boundary. Mr. Narey stated yes. Mr. Narey staff is going to recommend
approval ofboth to the Council. Commissioner Johnson asked ifthe peninsula area was always designated
as a floodway area. Mr. Narey stated yes. Alderman Steve Mosley of 16 Riverwood placed asked if there
were any actual changes made to the Land Use or Zoning maps. Mr. Narey stated a few changes were made,
for example the land swap with North Little Rock were we got a triangular piece of property and they
received some of the Corondolet area, and the ordinance that made that happen, and also the property South
of Orleans needed to square up the property to abut Orleans. Madam City Attorney mentioned that these
maps haven' t had any changes that have not already been changed by Ordinance of the City Council.
MOTION: Commissioner Todd made a motion for a do-pass recommendation to the City Council for
consideration of the updated Master Zoning Map Commissioner Ramsey seconded the motion. The motion
passed 5 in favor, 2 absent.
Mr. Narey stated staff would make a recommendation for a do-pass recommendation to the City Council for
an updated Master Land Use Map.
MOTION: Commissioner Todd made a motion for a do-pass recommendation to the City Council for
consideration of the updated Master Zoning Land Use Map Commissioner Ramsey seconded the motion.
The motion passed, 5 in favor, 2 absent.
Chairman Fisher closed Public Hearing.
LIASONREPORT
June 2- Commissioner Todd gave an update on City Council meeting. The Adult Daycare was
discussed
June 16- Commissioner Todd gave an update on the City Council meeting. He was appointed the
CATABoard.
Chairman Fisher stated Commissioner Johnson will be the Liaison at the July 7- City Council
meeting and on July 27 Commissioner Greene with be the Liaison on the July 27 meeting.
MOTION: Commissioner Johnson made a motion to adjourn the meeting.
Commissioner Ramsey seconded the motion and the motion passed.
The meeting was adjourned at 7: 07p. m.
Approved:
Chairman Mike Fisher, June 26, 2014
ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFMAUMELLE, COUNTYOF
PULASKI, STATEOFARKANSAS
ARESOLUTIONTOBEENTITLED
RESOLUTIONNO. 2014-31
ARESOLUTIONACKNOWLEDGINGANDAPPROVINGTHETERMSOFTHETITLEVI
PROGRAMBENEFITINGTHESENIORCITIZENTRANSPORTATIONASSISTANCE
PROGRAMANDAUTHORIZINGTHEMAYORTOEXECUTEAPPLICABLEPROGRAM
DOCUMENTSANDFOROTHERPURPOSES
WHEREAS, the City of Maumelle has provided certain transportation assistance to senior
citizens with the help of funding from the Federal Government;
WHEREAS, the program is due for renewal and requires certain acknowledgments from the City
Council as to the terms and requirements of the Federal Title VIprogram; and
WHEREAS, the City Council wishes to acknowledge the terms of the program and authorize the
continued participation in the federal program.
NOW, THEREFORE, BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOF
MAUMELLE:
SECTION1.
The Mayor is authorized to sign and further execute necessary documents for
agreements for the TITLEVI PROGRAMfor Transportation assistance for Senior Citizens in the City of
Maumelle.
SECTION2. The Mayor is empowered to undertake any other such actions to carry out the intent
of the City Council in its enactment ofthis resolution.
SECTION 3.
Any such signatures or endorsements with regard to the application for or
acceptance of the program funds or benefits which are a part of the TITLEVI PROGRAMspecified
herein and the terms of the same, whether obtained or given, heretofore are hereby deemed accepted and
ratified
by
the
City
Council.
ITISSOORDEREDANDAPPROVEDthis
day
of 2014.
ATTEST:
APPROVEDASTOFORM:
SPONSOR:
Mayor Watson
Saunders Anderson
Kelley Mosley
Lewis Hogue Johnson Norris
Aye:
No:
Page 2 of Resolution 2014-31
TITLEVI- CIVILRIGHTSPROGRAM
CIVIL RIGHTSASSURANCE
The
City of Maumelle HEREBY CERTIFIES THAT,
as a condition of receiving Federal financial
assistance under the Federal Transit Act, of 1988 as amended, it will ensure that:
1, No person on the basis of race, color, or national origin will be subjected to discrimination in the
level and quality of transportation services and transit-related benefits.
2.
The City of Maumelle will compile, maintain, and submit in a timely manner Title VI information
required
by
FTA Circular 4702. 1B as amended October 1, 2012 in compliance with the
Department of Transportation' s Title VI regulation, 49 CFR Part 21. 9, and to integrate into our
program and activities considerations expressed in the Department' s Order on Environmental
Justice ( Order 5610. 2), and
Policy
and Guidance
Concerning
Recipients' Responsibilities to
Limited English Proficient ("LEP") Persons (70 FR74087, December 14, 2005).
3.
The City of Maumelle will make it known to the public that those person or persons alleging
discrimination on the basis of race, color, or national origin as it relates to the provision of
transportation services and transit-related benefits may file a complaint with the Federal Transit
Administration and/or the U. S. Department of Transportation.
The person or person whose signature appears below is authorized to sign this assurance on behalf of
the City of Maumelle.
Name/Title
Authorized Representative of Applicant
1
NON- DISCRIMINATIONASSURANCE
As required
by
49 U. S. C. 5332 (which prohibits discrimination on the basis of race, color, creed,
national origin, sex, or age, and prohibits discrimination in employment or business
opportunity),
Title
VI of the Civil Rights Act of 1964, as amended, 42 U. S. C. 2000d, and U. S. DOT regulations,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-- Effectuation
of Title VI of the Civil Rights Act,"49 CFR 1. 51, 49 CFR part 21, 28 CFR,
42. 401 et seq. the Cjty,
of Maumelle assures that it will comply with all requirements of 49 CFRpart 21; FTACircular 4702. 1B
amended October 1,
2012 Title VI Requirements and Guidelines for Federal Transit Administration
Recipients, and other applicable directives, so that no person in the United States, on the basis of
race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination in any program or activity ( particularly in the
level and quality of transportation services and transportation-related benefits) for which the City of
Maumelle receives Federal assistance awarded by the U. S. DOTor FTA.
Identify
and address, as appropriate,
disproportionately
high and adverse human health and
environmental effects, including social and economic effects of programs and activities on minority
populations and low-income populations.
Promote the full and fair participation of all affected populations in transportation decision-making.
Prevent the, reduction,
or delay in benefits related to programs and activities that benefit minority
populations or low-income populations.
Ensure meaningful access to program and activities by persons with limited English proficiency.
Specifically, during the period in which Federal assistance is extended to the project, or project
property is used for a purpose for which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long as the Applicant retains ownership or
possession of the project property, whichever is longer, the Applicant assures that:
1)
Each project will be conducted, property acquisitions will be undertaken, and project
facilities will be operated in accordance with all applicable requirements of 49 U. S. C. 53 and
49 CFRpart 21, and 28 CFR
42. 401 et seq. and understands that this assurance extends to
its entire facility and to facilities operated in connection with the project.
2) It will promptly take the necessary actions to effectuate this assurance, including notifying
the public of complaints of discrimination in the provision of transportation-related services or
benefits
may
be filed with U. S. DOT or FTA.
Upon request by U. S. DOT or FTA, the City of
Maumelle assures that it will submit the required information pertaining to its compliance with
these requirements.
3) It will include in each sub agreement, property transfer agreement, third party contract, third
party subcontract, or participation agreement adequate provisions to extend the requirements of
49 U. S. C. 53 and 49 CFR part 21 and 28 CFR
42. 401 et seq to other parties involved therein
including any sub recipient, transferee, third party contractor, third party subcontractor at any level,
successor in interest, or any other participant in the project.
4)
Should it transfer real property, structures, or improvements financed with Federal assistance
provided by FTA to another party, any deeds and instruments recording the transfer of that
property shall contain a covenant running with the land assuring nondiscrimination for the period
during which the property is used for a purpose for which the Federal assistance is extended or for
another purpose involving the provision of similar services or benefits.
2
5)
The United States has a right to seek judicial enforcement with regard to any matter arising
under the Act, regulations, and this assurance.
6) It will make any changes in its 49 U. S. C. 53 and Title VI implementing procedures as U. S.
DOTor FTAmay request.
The person whose signature appears below is authorized to sign this assurance on behalf of the
City of Maumelle.
Signature
Name/Title
3
STANDARD TITLEVI ASSURANCE
The
City
of Maumelle (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a
condition to receiving any Federal financial assistance from the Department of Transportation it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U. S. C. 2000d-42 U. S. C. 2000d-4
hereinafter referred to as the Act), and all requirements imposed by our pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary,
Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of
Title VI of the Civil Rights Act of 1964 ( hereinafter referred to as the Regulations) FTA C4702. 1 B
effective October 1, 2012 and other pertinent directives, to the end that in accordance with the Act,
Regulations, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Recipient receives
Federal financial assistance from the Department of Transportation,
including (
Federal Transit
Administration), and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures
necessary
to effectuate this agreement.
This assurance is required by subsection 21. 7 ( a) of the
Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the
following specific assurance with respect to City of Maumelle' s Transportation Program:
1. That the Recipient agrees that each "program" and each "
facility"
as defined in subsection
21. 23(e) and 21. 23 ( b) of the Regulations, will be (with regard to a "program") conducted, or
will be (with regard to a "
facility") operated in compliance with all requirements imposed by, or
pursuant to, the Regulations.
2.
That the Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations and made in connection with all City of Maumellel
Transportation Programs and, in adapted form in all proposals for negotiated agreements:
The
City
of Maumelle,
in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U. S. C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal-
Assisted Programs of the Department of Transportation issued pursuant to such Act,
hereby notifies all bidders that it will affirmatively ensure that in any contract entered into
pursuant to this advertisement,
minority
business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
3.
That the Recipient shall insert the clauses in the Civil Rights Assurance as indicated in
Section 1. 0 above, in every contract subject to this Act and the Regulations.
4.
That the Recipient shall insert the clauses of this Standard Assurance Section 3. 0, as a
covenant running with the Land, in any deed from the United States effecting a transfer of
real property, structures, or improvements thereon, or interest therein.
5.
That where the Recipient receives Federal financial assistance to construct a facility, or part of
a facility, the assurance shall extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the assurance shall extend to rights
to space on, over, or under such property.
4
7.
That the Recipient shall include the appropriate clauses set forth in Section 4. 0 of this
assurance, as a covenant running with Land, in any future deeds, leases, permits, Licenses,
and similar agreements entered into
by
the Recipient with other parties: (a) for the subsequent
transfer of real property acquired or improved under City of Maumelle' s Transportation
Programs; and ( b) for the construction or use of or access to space on, over, or under real
property acquired, or improved under City of Maumelle' s Transportation Programs.
8.
That is assurance obligate the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property or interest therein or structures
or improvements thereon,
in which case the assurance obligates the Recipient or any
transferee for the Longer of the
following
periods: (
a) the period during which the property is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services for benefits; or (b) the period during which
the Recipient retains ownership or possession of the property.
9.
The Recipient shall provide for such methods of administration for the program as are found
by the Secretary of Transportation for the official to whom he/she delegates specific authority
to give reasonable guarantee that it, or other recipients, sub grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal financial
assistance under such program will comply with all requirements imposed or pursuant to the
Act, the Regulations and this assurance.
10. The Recipient agrees that the United States has a right to see judicial enforcement with regard
to any matter arising under the Act, the Regulations and this assurance.
THISASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts or other Federal financial assistance extended after the
date hereof to the Recipient by the Department of Transportation under City of Maumelle' s
Transportation Program and is
binding
on it, other recipients, sub grantees, contractors,
subcontractors, transferees, successors in interest and other participants in the City of Maumelle.
The person or persons whose signatures appear below are authorized to sign this assurance on
behalf of the Recipient.
Signature
NamelTitle
5
Appendix Ato Title VI Assurance
These contract clauses are to be incorporated in all subcontracts including procurements as
required.)
During the performance of this Contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the"contractor") agrees as follows:
1) Compliance with Regulations:
The contractor shall comply with the Regulations relative to
nondiscrimination in
federally
assisted programs of the Department of Transportation
hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, ( hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2) Nondiscrimination:
The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and
retention of subcontractors,
including
procurements of materials and Leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21. 5 of the Regulations,
including employment practices when the contract covers a
program set forth in Section 2. 0 of City of Maumelle' s Title VI Program.
3) Solicitation for Subcontracts,
Including
Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiations made by the contractor for work to be
performed under a subcontract, including procurements of materials or Leases of equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contractor' s
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
4) Information and Reports:
The Contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
City of Maumelle or the Federal Transit Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions.
Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish this information the
contractor shall so
certify
to the
City
of Maumelle, or the Federal Transit Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
5) Sanctions for Noncompliance: In the event of the contractor' s noncompliance with
nondiscrimination
provisions of this contract, the City of Maumelle shall impose contract
sanctions as it or the Federal Transit Administration may determine to be appropriate,
including, but not limited to:
a.
Withholding of payments to the contractor under the contract until the contractor
complies; and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6) Incorporation of Provisions: The contractor shall include the provision of paragraphs ( 1)
through ( 6) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the City of Maumelle or the Federal
Transit Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however that in the event a contractor becomes involved in, or is
threatened with, Litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the City of Maumelle to enter into such Litigation to protect the interests of
the City of Maumelle. and ,
in addition, the contractor may request the United States to enter into
such Litigation to protect the interest of the United States.
6
Appendix B to Title VI Assurance
The following clauses are to be included in all deeds affecting or recording the transfer of real
property, structures, or improvements thereon, or interest therein from the United States.)
Granting Clause)
NOW, THEREFORE, the Department of Transportation,
as authorized by law, and upon the
condition that the City of Maumelle will accept title to the Lands and maintain the project constructed
thereon, in accordance with the Title VI of the Civil Rights Act of 1964, as amended, the Regulations
for the Administration of the
City
of Maumelle' s Transportation Programs and the policies and
procedures prescribed by the Federal Transit Administration of the Department of Transportation
and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part
21, Nondiscrimination
in Federally-Assisted Programs of the Department of Transportation
hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1964 ( 78 Stat.252; 42 U. S. C. 2000d to 2000d-4),
does hereby remise,
release,
quitclaim and convey unto the City of Maumelle all the right, title and interest of the
Department of Transportation in and to said Lands described in Exhibit "A" attached hereto and
made a part hereof.
Habendum Clause)
TOHAVE AND TOHOLD said Lands and interests therein unto the City of Maumelle and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits and shall be binding on the City of
Maumelle, its successors and assigns.
The City of Maumelle, in consideration of the conveyance of said Lands and interests in Lands, does
hereby covenant and agree as a covenant running with the Land for itself, its successors and assigns,
that (I) no person shall on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to
any facility
located
wholly
or in part on, over or under such Lands
hereby
conveyed(,)( and)* (2) that
the City of Maumelle shall use the Lands and interests in Lands and interests in Lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the
Secretary,
Part 21, Nondiscrimination in
Federally-
Assisted Programs of the Department of Transportation- Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended, and ( 3) that in the event of
breach of
any
of the above-mentioned nondiscrimination conditions, the Department shall have a
right to re-enter said Lands and facilities on said Land, and the above described Land and facilities
shall thereon revert to and vest in and become the absolute property of the Department of
Transportation and its assigns as such interest existed prior to this instruction.*
Reverter clauses and related Language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
7
Appendix Cto Title VI Assurance
The
following
clauses are to be included in all deeds, Licenses, Leases, permits, or similar
instruments entered into by the City of Maumelle pursuant to the provisions of Assurance 7 (a).)
The ( Grantee, Licensee, Lessee, Permittee, etc..., as appropriate) for herself/himself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree ( in the case of deeds and leases add "as a covenant
running
with the Land") that in the event facilities are constructed, maintained, or otherwise operated
on the said
property
described in this "deed, license, lease, permit, etc.) for a purpose for which a
Department of Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.,) shall maintain
and operate such facilities and service in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary ,
Part 21,
Nondiscrimination of Federally- Assisted Programs of the Department of
Transportation
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may
be amended.
Included in Licensees, Leases, Permits, etc. T
That in the event of breach of any of the above discrimination covenants, the City of Maumelle shall
have the right to terminate the ( License, Lease, Permit, etc...) and to re-enter and repossess said
Land and the facilities thereon, and hold the same as if said ( Licenses, Lease, Permit, etc...) had
never been made or issued.
Include in Deeds)*
That in the event of breach of any of the above nondiscrimination covenants, the City of Maumelle
shall have the right to re-enter said Lands and facilities thereon, and the above described Lands and
facilities shall thereupon revert to and vest in and become the absolute property of the City of
Maumelle and its assigns.
The
following
shall be included in all Deeds, Licenses, Leases, Permits, or similar agreements
entered into by the City of Maumelle pursuant to the provisions of Assurance 7(b).
The ( Grantee, Licensee, Lessee, Permmittee, etc..., as appropriate) for herself/himself, his/her
personal representatives, successors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree ( in case of deeds, and leases add "as a covenant running with the
land")
that ( 1) no person on the grounds of race, color, or national origin shall be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (
2) that in the construction of any improvements on, over or under such Land and the
furnishing
services thereon, no person on the grounds of race, color, or national origin shall be
excluded from the participation, and ( 3) that the (Grantee, Licensee, Lessee, Permmittee, etc...) shall
use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation- Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
Include in Licenses, Leases, Permits, etc.)*
shall have the right to terminate the ( Licenses, Lease, Permit, etc...) and to re-enter and repossess
said Land and the facilities thereon, and hold the same as if said ( License, Lease, Permit, etc...)
had never been made or issued.
8
Include in Deeds)*
shall have the right to re-enter said Land and facilities thereon, and the above described Lands and
facilities shall thereupon revert to the vest in and become the absolute property of the City of
Maumelle and its assigns.
Reverter clause and related Language to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
9
City of Maumelle City Council
The
City
of Maumelle
City
Council is comprised of_ 8_ members.
Discuss how they are appointed or elected.
Provide a general demographic profile
mostly male, over 65, white, specifically point out the number of non-white
and Hispanic members. The
City
of Maumelle operates under the Alderman/ Mayor form of government. Each
alderman is elected by ward to a four year term. The mayor is elected at-large to a four year term.
Name Board Position
City
Ethnic
Group
Age Gender
Steve
Mosley
Ward 1, Position 1 Maumelle White 62 Male
Ken Saunders Ward 1, Position 2 Maumelle White 62 Male
Marc
Kelly Ward 2, Position 1 Maumelle White 59 Male
Rick Anderson Ward 2, Position 2 _ Maumelle White 42 Male
Preston Lewis Ward 3, Position 1 Maumelle White 33 Male
Burch Johnson Ward 3, Position 2 Maumelle White 77 Male
Caleb Norris Ward 4, Position 1 Maumelle White 34 Male
Jan Hogue Ward 4, Position 2 Maumelle White 73 Female
Mayor Mike Watson At Large Maumelle White 57 Male
City of Maumelle Transportation Programs
Title VI Complaint Procedures
This section outlines the Title VI complaint procedures related to providing programs, services, and benefits.
However, it does not deny the complainant the right to file formal complaints with the Equal Employment
Opportunity Commission, Federal Transit Administration, Arkansas Highway and Transportation Department or
seek private counsel for complaints alleging discrimination, intimidation or retaliation of any kind that is
prohibited by law.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in
programs receiving federal financial assistance.
GENERAL
Any person who believes that he or she, individually, or as a member of any specific class of persons, has been
subjected to discrimination on the basis of race, color, or national origin as noted below may file a written
complaint. The investigation and processing of all alleged complaints of discrimination received by the Department
will be handled by the EEO/ DBESection.
When an allegation of discrimination is filed directly with the Department or the Department is notified that an
allegation has been filed with other federal, state, or local authorities, the Department will:
1.
Notify the appropriate agency (Federal Transit Administration, Federal Highway Administration, Federal
Railroad Administration, etc.) within ten ( 10) working days of the allegation. As a minimum, the following
information will be included in every notification:
Name, address, telephone number of the complainant.
Names(s) and address(s) of alleged discriminating official(s).
10
Basis of complaint( i. e. race, color, religion, sex, national origin, disability, age).
Date of alleged discriminatory act(s).
Date complaint was received by the Department.
Acopy of the complaint when it becomes available or a statement of the complaint until a copy is
available.
Other agencies (state, local or federal) with which the complaint has been filed.
An explanation of the actions the Department has taken or proposes to resolve the issues raised
in the complaint.
2.
Acknowledge receipt of the allegation, informing the complainant of action taken or proposed to process
the allegation and advising the complainant of other avenues of redress available, within ten ( 10) working
days.
3.
Contact the complainant to determine that the issues and concerns are understood and considered in the
review.
4.
Investigate the allegation and based on the information obtained, determine whether or not discrimination
occurred.
5.
Prepare a report of findings.
6.
Notify the complainant within 45 days from the receipt of the allegation of the findings and decision
reached
including
proposed disposition.
The notification will advise the complainant of avenues for
appeal if dissatisfied with the decision.
The proposed resolution will require action adequate to correct
and prevent similar occurrences of discrimination.
7.
Provide the appropriate agency with the decision and a summary of the findings within 45 days after
receipt of the allegation.
8.
Periodically inform the appropriate agency regarding the status of complaints.
9.
Informal attempts will be made to resolve the matters. These attempts and the results will be synopsized
in the report of investigations.
10. The procedure outline herein will not prohibit interagency agreements between the Department and state
or local Federal Employment Practice agencies.
11. The fact that an allegation has been filed directly with the Federal Transit Administration, Federal Highway
Administration, Federal Railroad Administration, etc. will not relieve the Department of the responsibility
for taking action pursuant to its own internal procedures.
11
City of Maumelle
TITLEVI COMPLIANCEPROGRAM
RECORDOFTITLEVI COMPLAINT, INVESTIGATION, AND
RESOLUTION49 CFR21. 9(b)
Complainant Name:
Address:
Telephone Number:
Alleged Discriminating Official(s) Name:
Address:
Complaint Filed With Other Agencies( State, Local or Federal):
1.
Date Title VI Complaint Received By the Department:
2.
Summary of Complaint Allegation(s):
3. Status of Investigation of Complaint:
4.
Action(s) Taken By the Department:
5. Date Complaint Resolved or
Closed:
12
CIVILRIGHTS REPORTTITLE VI
RECIPIENT: City of Maumelle
ADDRESS:
PHONE:
Civil Rights Investigations, Lawsuits & Complaints(Check all applicable) (Notes: Complaints aree formal,
legal, written documents alleging discrimination filed with you or an appropriate agency which has notified you
of the complaint. Also, only civil rights lawsuits or complaints are reported with this form.)
O There have been no lawsuits filed against us for transit service during the period covered.
O There have been no complaints filed against us for transit service during the period
covered.
OThere have been the following lawsuits or complaints filed against us during this period for transit
service. The following information is attached (group lawsuits and complaint separately, by date
of initiation):
o date of the lawsuit or complaint
o complainants' name and address
o
allegation summary
o
current status or disposition including the terms of any consent decree or agreement
Pending Federal Financial Applications ( Check one)
O There are no pending applications for federal financial assistance for transit
service, and attached is a description of all financial assistance currently
provided by other federal agencies.
O There are pending applications for federal financial assistance for transit service, and
attached is a description of all pending applications and all current financial assistance
currently provided by other federal agencies.
Civil Rights Compliance Review Activities ( Check one)
OThere has been no civil rights compliance review activities during the period covered.
OThere have been civil rights compliance review activities conducted in the last three years.
The following information is attached:
o date of the review
o
name of the agency or organization conducting the review o summary
of findings and recommendations
o report on the status or disposition of the recommendation
I, the undersigned, certify that the above and attached statements are truthful and complete to
the best of my knowledge and that we comply with all rules and regulations related to the civil
rights laws of the United States.
Signature
Date:
Name/Title:
Authorized Representative of Recipient
Attachments as needed:
Investigations descriptions (group by date initiated) Lawsuit
descriptions (group by date initiated) Complaint descriptions
group by date initiated)
Pending Applications for Federal Financing for Public Transit
Civil Rights Compliance Review Activities Report
13
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Demographic Profile of
Service Area Population
General Population:
City of Maumelle serves Pulaski counties. This service area has a total population of 382, 748 persons
U. S. Census, 2010).
According to the 2010 census data, U. S. Department of Commerce, Bureau of the
Census, minorities represent
approximately
23. 0% of the total population in the service area. Blacks
represent the largest
minority group
in the area. Persons of Hispanic origin represent 5. 8 % of the
population. Abreakdown of the total population follows:
PERCENT
White 57. 5%
Black 34. 97%
Asian 1. 96%
American Indian 41%
Other 3. 04%
Hispanic Origin 5. 80%
According to the U. S. Department of Commerce, Bureau of the Census, there are 12, 801 persons in
the service area that speak limited English and
may
need assistance
understanding
English. The
following table shows the top three languages of those persons with limited English.
PERCENT NUMBER
Spanish 2. 49% 9, 544
Vietnamese 013% 496
Chinese 011%?? 439
Arkansas 3. 284% 88,668
Low Income Population:
In the City of Maumelle' s service area 16. 69 percent of all people are below the poverty level. This
compares to 19. 3 percent statewide.
The low-income population should be given every reasonable
opportunity to provide input on transportation plans and programs, to avoid disproportionate harm, or
lack of benefit of transportation programs and projects.
Stakeholder List
City of Maumelle
Arkansas Department of Health
Arkansas Department of Human Services
Arkansas Highway and Transportation Department
Head Start Social Services
15
Public Particiaation/Involvement Plan:
Goal: The goal of the Public Participation/Involvement Plan is to offer opportunities for the
engagement of all citizens of City of Maumelle' s service area to participate in the
development of GCRPC' s transportation programs.
Objectives:
a.
To determine what Non- English languages and other cultural barriers exist to public
participation.
b.
To provide a general notification of meetings particularly forums for public input, in a
manner that is understandable to all populations in the area.
c. To hold meetings in locations which are accessible and reasonably welcoming to all area
residents, including, but not limited to, low-income and minority members of the public.
d.
To provide avenues for two way flow of information and input from populations which
are not likely to attend meetings.
e.
To provide a framework of actions appropriate to various types of plans and programs,
as well as amendments or alterations to any such plan or program.
f.
To use various illustrative visualization techniques to convey the information including
but not limited to charts, graphs, maps and the internet.
City of Maumelle
Improving Access for People with
Limited English Proficiency (LEP)
Four Factor
Analysis
The City of Maumelle has conducted this analysis to meet requirements under Title VI of the Civil
Rights Act of 1964, which seeks to improve access to services for persons with Limited English
Proficiency (
LEP).
The purpose is to ensure that no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance from FTA.
The key to providing meaningful access for LEP persons is to ensure that effective communication
exists between the
City
of Maumelle and the LEPperson. To accomplish effective communication,
the following actions and/or discussions will be performed:
A needs assessment to determine the extent of the City of Maumelle' s obligation to
provide LEPservices. The assessment includes the
following
four factors: (1) the number or
proportion of LEP persons eligible to be served or likely to be encountered by a program,
activity, or service of the Department or grantee; (2) the frequency with which LEPindividuals
come in contact with the program; (
3) the nature and importance of the program, activity, or
service provided by the Department to people' s lives; and (4) the resources available to the
Department and costs.
16
Provide language assistance services( oral or written).
Develop an effective implementation plan on language assistance for LEPpersons. This plan
will include: ( 1)
identifying
LEP individuals who need language assistance; (2) language
assistance measures; (3) training staff; (4) providing notice to LEPpersons; and (5) monitoring
and updating the LEPplan.
NEEDSASSESSMENT
The Arkansas Highway and Transportation Department evaluated all of the population groups in
Arkansas, which could be considered LEP, and the
only
significant
group
is Hispanic. The
Department also evaluated its transit programs and/or service areas utilizing the four-factor analysis
and determined that the transit programs meet the criteria to have a LEPprogram for the Hispanic
community in certain areas of the State.
1) There are thirteen counties
primarily,
in the western part of the State, (
Benton, Bradley, Carroll,
Crawford, Hempstead, Howard, Johnson, Pope, Pulaski, Sebastian, Sevier, Washington, and Yell)
with a higher percentage share of LEPpersons than the overall State average. The predominant
LEPlanguage is Hispanic. Therefore, assistance to Hispanics in these counties is needed. Since
assistance is needed, the actions outlined below under this Needs Assessment will be utilized.
LEP persons interact in public transportation programs
primarily
in two ways.
The first way is
through the development and review of
planning
documents Annual Grants' Program of
Projects, Transit Coordination Plans, State Management Plans, STIP/TIPs, UPWPs, etc. The
second
way
is through the
delivery
of transit service.
City of Maumelle ensures that schedules,
route/fare changes and policies are adequately conveyed to LEPpersons in the afore mentioned
thirteen counties. Notices and bulletins should be translated and posted in locations where LEP
persons assemble.
2) Hispanics
may
ride
City of Maumelle transit service although
they
are infrequent riders. Transit
services are made available upon request and eligibility requirements. These groups rarely attend
public planning meeting.
3)
The more frequently the City of Maumelle' s program and/or service come in contact with LEP
persons, the more language assistance services will be provided.
Most of the Public Transit
programs have translators on staff or available to their program. Assistance from the State or area
translators may be provided for 5310 and 5311 agencies upon request.
4) The Department maintains a database on LEP interpreters and translators. These persons are
available to the public transportation staff and to transit agencies for public meetings. Costs
incurred by Department public transportation staff or by public transit agencies may be reimbursed
by the Federal Transit Administration through various transit programs.
LANGUAGE ASSISTANCE( ORAL ANDWRITTEN)
Employees of the Arkansas Spanish Interpreters and Translators, the (
ASIT) may provide LEP
persons with oral language assistance in Spanish, Italian, French, Chinese and Arabic, or other oral
language assistance in other languages.
17
Information for free language assistance will also be posted in public areas, such as welcome
centers and rest areas.
Based on three of the four-factor analysis, the City of Maumelle identified some of its written
documents and/or materials that may be translated to Spanish due to the potential impact on the
Hispanic
community. The City of Maumelle will review the cost factor to determine if all of the
identified documents and/or materials should be translated to the written Spanish language. These
documents may include: Notice of right to language assistance, Title VI complaint forms, public
notices, routes and schedules, and transportation service policy/criteria.
The City of Maumelle will review other documents and/or materials to determine if translation is
necessary, utilizing
the "safe harbor"approach.
The City of Maumelle, on a case-by-case basis, will
determine if ASIT will translate the written documents/materials or if it would be more cost
effective for the City of Maumelle' s employees to translate the documents.
NOTIFICATIONOF LANGUAGE ASSISTANCE
The City of Maumelle will notify the Hispanic community that the community has a right to free
language assistance that includes documents and/or materials printed in the Spanish language.
Notification regarding the availability of the services will be provided through neighborhood
community
meetings, brochures,
minority
radio stations and newspapers, and information
disseminated to the public
by
the
City
of Maumelle. Detailed information on how the Hispanic
community was notified of the right to free language assistance will be provided in the Department' s
annual update.
STAFFTRAINING
Training will be provided to staff members on policies and procedures concerning language
assistance and ways to determine whether an individual needs assistance services.
The City of
Maumelle will provide training to employees who are most likely to come in contact with LEP
individuals who need language assistance. The employees will also be taught how to handle
complaints filed by LEPindividuals.
MONITORING ANDUPDATING THELEPPLAN
The Department will provide notice of any changes in services to the LEP public and employees and
develop a process for determining, on an ongoing basis, whether new documents, program services
and activities need to be made accessible to LEP individuals.
The City of Maumelle will annually
evaluate the plan to determine if changes have occurred in:
1.
Current LEPpopulations in the service area or population affected or encountered.
2.
Frequency of encounters with LEPlanguage groups.
3.
Nature and importance of activities to LEPpersons.
4.
Available resources, including technological advances and sources of additional resources, and
the cost imposed.
5. The needs of LEPpersons.
6.
The staffs knowledge and understanding of the LEPplan and how it is implemented.
7.
The identified sources for assistance, to ensure they are still available and viable.
The data collected will be from various sources, such as the Department' s staff, including members
of the Title VI Multi-Disciplinary team, meetings with the State Director of the League of the United
18
Latin American Citizens and the Arkansas Department of Education.
VOLUNTARYCOMPLIANCEEFFORTS
The goal for Title VI and Title VI regulatory enforcement is to achieve voluntary compliance. The
requirement to provide meaningful access to LEP persons is enforced and implemented by the
Department of Justice (
DOJ) through the procedures identified in the Title VI regulations. These
procedures include complaint investigations, compliance reviews,
efforts to secure voluntary
compliance, and technical assistance.
The Title VI regulations provide the DOJ will investigate whenever it receives a complaint, report,
or other information is received that alleges or indicates possible noncompliance with Title VI or its
regulations.
NOTICEOFNONDISCRIMINATION
The City of Maumelle complies with all civil rights provisions of federal statutes and related authorities
that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore,
the City of Maumelle does not discriminate on the basis of race, sex, color, age, national origin, religion
or disability, in the admission, access to and treatment in the City of Maumelles programs and activities,
as well as the
City
of Maumelles
hiring
or employment practices. Complaints of alleged discrimination
and inquiries regarding the City of Maumelle' s nondiscrimination policies may be directed to
Title VI Coordinator), Address, (Voice/TTY 711),
or the following email
address:
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
Free language assistance for Limited English Proficient individuals is available upon request.
19
APPENDIXA
TITLEVI PROGRAMCHECKLIST
Every three years, on a date determined by AHTD, each subrecipient is required to submit the
following information to the Arkansas Highway and Transportation Department as part of their Title
VI Program.
All subrecipients must submit:
O Atable depicting the membership Board of Directors
O Title VI Complaint Procedures ( i. e.,
instructions to the public regarding how to file a Title
VI discrimination complaint)
O Title VI Complaint Form
O List of transit-related Title VI investigations, complaints, and lawsuits
OLanguage Assistance Plan for providing language assistance to persons with limited
English
proficiency (
LEP),
based on the DOTLEPGuidance
O Primary recipients shall include a description of how the agency monitors its subrecipients
for compliance with Title VI, and a schedule of subrecipient Title VI Program submissions
O A
copy
of council
meeting
minutes, resolution, or other appropriate documentation
showing the City Council or appropriate governing entity or official(s) responsible for
policy decisions reviewed and approved the Title VI Program
20
14-41
MAUMELLECODE
or a residential
building
contractor' s license is- Secs. 14-75- 14-110. Reserved.
sued by the state contractors licensing board as
per Act 950 of 1999, as meeting the requirements
of subsection 14-39(a) from the date of the pas-
ARTICLEIV. FENCES
sage of Ord. No. 384 [ February 5, 2001] through
July
1, 2001.
Beginning
on
July
2, 2001, residen-
DIVISION1. GENERALLY
tial building contractors must comply with the
requirements ofsubsections 14-39(a) and(b) above.
Sec. 14-111. Residential.
Ord. No. 384,
1, 2- 5- 2001)
a) This article is intended to govern the con-
Secs. 14-42- 14-70. Reserved.
struction of fences and their location, size, design
and aesthetic appeal. The city is also concerned
that the erection of fences in yard space fronting
ARTICLEIII. CONSTRUCTIONBOARDOF
on streets may impair the sight distance of the
ADJUSTMENTSANDAPPEALS*
operator of moving vehicles on streets to the
extent of creating a traffic hazard and that the
Sec. 14-71. Created.
erection of fences such as these may obstruct the
There is created a board of the
city
tobe known
view from dwellings placed on adjoining lots.
as the construction board of adjustments and
b) It shall be unlawful for any person to erect,
appeals, which board shall consist of seven mem-
construct, enlarge, alter or replace any fence
bers and two alternates who shall serve without
regulated by this article without first obtaining a
compensation.
separate permit for each residential lot from the
Ord. No. 214, 1, 7-6-1993) department of code enforcement/permits. If con-
struction of a fence begins prior to the issuance of
Sec. 14-72. Duties, functions. a fence permit, the owner or agent will be subject
The construction board of adjustments and
to penalties outlined in appendix C, section C-53
appeals shall have all the duties and functions
of the City Code.
authorized
by
section 108 of the Standard Build- c) Application for a permit to build a fence on
ing
Code adopted
by
the
city. a lot designated or zoned for residential use shall
Ord. No. 214, 2, 7- 6-1993)
be made by the owner or agent of the lot to the
department responsible for enforcing this article.
Sec. 14-73.
Membership. The application shall indicate in writing or by
The members of the
city planning
commission
graphic means the location, height, materials and
shall sit as the construction board of adjustments
construction method of the proposed fence. The
and appeals with two alternates, one of whom
application must also include the dimensions of
shall be from the
building industry
and one shall
the proposed fence and show all drainage strut
be at large from the public, both ofwhom shall be
tures, lot lines, and other relevant details. The
appointed
by
the
city
council.
applicant shall flag or mark the property lines
Ord. No. 214,. 3, 7- 6-1993)
and the proposed boundaries of the fence on the
property in a manner which clearly indicates the
Sec. 14-74. Terms of members.
proposed location of the fence and the proximity
to property lines and must request that a code
The terms of the members of the construction enforcement/permit officer verify the boundaries
board of adjustments and appeals shall coincide prior to issuance of a permit.
with the terms of the planning commission. The
terms of the alternates shall be two years.
d) Any fence or screen constructed must not
Ord. No. 214, 4, 7- 6-1993)
extend beyond the front building line on any lot,
including corner lots. No fence may extend be-
Cross referenceBoards and commissions, 2-561 et yond a property line. Any fence or screen proposed
seq.
for construction in a side yard facing a street on a
Supp.
No. 7
CD14:6
SCOPEANDADMINISTRATION
for which a permit is required, until approved
by
the
building
SECTIONR113
official. VIOLATIONS
R111. 2
Temporary
connection. The
building
official shall R113. 1 Unlawful acts. It shall be unlawful for any person,
have the
authority
to authorize and approve the
temporary
firm or corporation to erect, construct, alter, extend, repair,
connection of the
building
or system to the
utility,
source of move, remove, demolish or occupy any building, structure or
energy,
fuel or power. equipment regulated by this code, or cause same to be done,
in conflict with or in violation of any of the provisions of this
R111. 3
Authority
to disconnect service utilities. The build-
code.
ing official shall have the authority to authorize disconnection
of
utility
service to the
building,
structure or system regulated
R113.2 Notice of violation. The building official is autho-
by
this code and the referenced codes and standards set forth
rized to serve a notice of violation or order on the person
in Section R102. 4 in case of
emergency
where
necessary
to
responsible for the erection, construction, alteration, exten-
eliminate an immediate hazard to life or
property
or when
sion, repair, moving, removal, demolition or occupancy of a
such
utility
connection has been made without the approval
building or structure in violation of the provisions of this
required
by
Section R111. 1 or R111. 2. The
building
official
code, or in violation of a detail statement or a plan approved
shall
notify
the
serving utility
and whenever possible the
thereunder, or in violation of a permit or certificate issued
owner and occupant of the
building,
structure or service sys-
under the provisions of this code. Such order shall direct the
tern of the decision to disconnect prior to
taking
such action if
discontinuance of the illegal action or condition and the
not notified prior to disconnection. The owner or occupant of
abatement of the violation.
the
building,
structure or service system shall be notified in R113.3 Prosecution of violation. If the notice of violation is
writing
as soon as practical thereafter.
not complied with in the time prescribed by such notice, the
building official is authorized to request the legal counsel of
the jurisdiction to institute the appropriate proceeding at law
SECTIONR112
or in equity to restrain, correct or abate such violation, or to
BOARDOFAPPEALS
require the removal or termination of the unlawful occupancy
R112. 1 General. In order to hear and decide appeals of
of the building or structure in violation of the provisions of
orders, decisions or determinations made
by
the
building offi-
this code or of the order or direction made pursuant thereto.
cial relative to the application and interpretation of this code,
R113.4Violation penalties. Any person who violates a pro-
there shall be and is
hereby
created a board of appeals. The
vision of this code or fails to comply with any of the require-
building
official shall be an ex officio member of said board ments thereof or who erects, constructs, alters or repairs a
but shall have no vote on
any
matter before the board. The
building or structure in violation of the approved construc-
board of appeals shall be appointed
by
the
governing body - tion documents or directive of the building official, or of a
and shall hold office at its pleasure. The board shall adopt permit or certificate issued under the provisions of this code,
rules of procedure for
conducting
its business, and shall ren-
shall be subject to penalties as prescribed by law.
der all decisions and findings in writing to the appellant with
a duplicate copy to the building official.
R112.2 Limitations on
authority.
An application for appeal
SECTIONR
R
shall be based on a claim that the true intent of this code or
STOPWORKORDER
the rules
legally
adopted thereunder have been
incorrectly
R114. 1 Notice to owner. Upon notice fromthe building offi-
interpreted, the provisions of this code do not
fully apply,
or cial that work on any building or structure is being prose-
an
equally
good or better form of construction is proposed. cuted contrary to the provisions of this code or in an unsafe
The board shall have no
authority
to waive requirements of
and dangerous manner, such work shall be immediately
stopped. The stop work order shall be in writing and shall be
this code. PP P g
given to the owner of the property involved, or to the owner' s
R112.2. 1 Determination of substantial improvement in
agent or to the person doing the work and shall state the con-
flood hazard areas. Delete in its
entirety. ditions under which work will be permitted to resume.
R112.2. 2 Criteria for issuance of a variance for flood
R114.2 Unlawful continuance. Any person who shall con-
hazard areas. Delete in its
entirety.
tinue any work in or about the structure after having been
served with a stop work order, except such work as that per-
members
Qualifications. The board of appeals shall consist of
P P P
members who are qualified
by
experience and
training
topass
son is directed to perform to remove a violation or unsafe
on matters
pertaining
to
building
construction and are not
condition, shall be subject to penalties as prescribed by law.
employees of the jurisdiction.
R112.4 Administration. The building official shall take
immediate action in accordance with the decision of the
board.
Text continues on page 11.
8 2012 INTERNATIONALRESIDENTIALCODE/ARKANSAS2012
NOTICE
CITYTREEBOARDVACANCIES
The Mayor and City Council are accepting resumes from residents interested in serving
on the City' s Tree Board. Two citizens will be appointed to three-year terms ending June
30, 2017. An applicant must be a resident of Maumelle. Desired backgrounds for
applicants include land development,
forestry, landscaping
or horticulture,
utility
industry,
and
City
Beautification Committee,
but any with a desire to serve are
encouraged to
apply.
The Director of
Planning & Zoning and the Director of Parks and
Recreation serve as permanent non-
voting
members of the Board. Resumes should be
submitted to the City Clerk/Treasurer, Joshua Clausen, 550 Edgewood Drive Suite 590,
Maumelle, AR 72113, no later than
July
16, 2014.
Resumes will be reviewed by the
Mayor and appointments will be made at the regularly scheduled City Council meeting
on
July
21, 2014 at 6: 00
p.
m. at
City
Hall.
Please contact Jim Narey, Director of
Planning
and
Zoning,
at 851- 2500 with
any
questions.
titb
NOTICE
PUBLICFACILITIESBOARDVACANCY
The Maumelle Public Facilities Board is accepting resumes from residents interested in
service on the Board. One appointment will be made for a five year term ending May 31,
2019. Applicants must be a resident of Maumelle. Resumes should be submitted to the
City Clerk/Treasurer' s Office, 550 Edgewood Drive Suite 590, Maumelle, AR72113, no
later than 4: 00 pm,
July
23, 2013.
Resumes will be reviewed by the Public Facilities
Board at a special called
meeting.
Arecommendation will then be made to the Mayor
and
City
Council for the appointment to the position. Please contact Facilities Board
Chairman Bob Gram at 310- 1277 with
any
questions.
HANKINSLAWFIRM, P. A.
STUARTW. HANKINS
j'
1515 EASTKIEHLAVENUE A. VAUGHANHANKINS
swhankins@hankinslawfirm.net SHERWOOD, ARKANSAS 72120 vhankins@hankinslawfirm. net
TELEPHONE( 501) 833-0168
FACSIMILE( 501) 833-0253
Also Licensed in Alabama www.hankinslawfirm.net
July 15, 2014
Mr. Mike Chandler
Marketing Manager
Arkansas Natural Resources Commission
101 E. Capitol, Suite 350
Little Rock, AR72201
Re:
Maumelle Public Water Authority
Dear Mr. Chandler:
I have enclosed two (2) separate statements which are intended to satisfy the
requirements of Sections 1702. 1 A.B. and 9. for the Application for the formation
of Maumelle Public Water
Authority.
This letter and the enclosures are intended
to supplement my May 7 and June 23, 2014 letters to you seeking the approval of
the Arkansas Natural Resources Commission for the formation of Maumelle
Public Water
Authority.
Should you need
any
further information or
documentation, please contact me.
Very truly yours,
HANKINSLAWFIRM, P. A.
I
i
BY: STUARTW. HANKINS
Enclosures
Mr. Mike Chandler
July 15, 2014
Page 2
cc: With Enclosures
Mr. Dave Kaufman
Ms. Mary Peyton
Mr. Ralph Kearney
Mr. Barry Heller
Ms. Tina Richardson
Mayor Michael Watson
Ms. JaNan Arnold Davis, City Attorney
Mr. Preston Lewis
Mr. Burch Johnson
Mr. Bill Spivey
Mr. Marc E. Wilkins, P. E.
Mr. Jim Ferguson, P. E.
Fred Oswald, P. E.
SWH/
cj
s
This statement is intended to satisfy the requirement set forth in Section
1702. 1A. 8. for the purpose of showing the necessity for forming the proposed water
authority and describing the benefits to be received by the residents and property
owners in the proposed geographic service areas.
Currently, the entire City of Maumelle' s water and sewer service needs are
being handled by Maumelle Suburban Improvement District No. 500 also known as
Maumelle Water Management ("MWM") which has been in existence since 1975
along with its predecessor Maumelle New Town Water and Sewer Suburban
Improvement District No. 306 which was formed in 1969.
The City of Maumelle
was incorporated in 1985 and MWMremained in existence providing water and
sewer services for the entire
City. Since the incorporation ofthe City, there has been
some friction arise fromtime totime between MWMand the City Council primarily
due to the fact that the City Council wanted an expanded Board of Commissioners
and as a suburban improvement district, MWMis governed by some antiquated and
cumbersome suburban improvement district statutes which make changing its
number of Commissioners and the mechanics for filling their vacancies extremely
difficult, time
consuming
and expensive.
After numerous meetings with the City
representatives over the years, MWMoffered to have its Commissioners form a new
public water
authority ("
PWA") with two (2) of its five (5) member Board of
Directors to be nominated by the City thus expanding the Board and permitting the
City to be involved in the selection process for directors of the PWA. The plan for
the transfer ofassets and operations fromMWMtothe PWAis for the PWAtoissue
bonds in an amount sufficient to purchase all ofMWM' s assets for a price that will
enable MWMto pay off all of its long term debts and to generate some additional
funds for the PWAto finance some badly needed capital improvements for the
existing
water and sewer facilities
being
acquired from MWM.
The City Council
has adopted a Resolution in favor of this course of action and a copy of that
Resolution accompanies the application for the formation of the PWA. MWM' s
assets have a value substantially in excess of the amount of its long term debts and
the difference between the sales price and the value ofthose assets will constitute a
donation by MWMto the PWAwhich will have all of the same business locations
of MWMand which will continue to operate under the MWMname without any
disruption in
operations or service. In addition to the public meetings and hearings
which are required to be held in conjunction with any bond issue by a public body,
MWMmust go through a public hearing before the Pulaski County Judge, whohas
jurisdiction over all suburban improvement districts in Pulaski County, to have the
Sale and Purchase Agreement between MWMand the PWA,
including
the donation
of excess value ofthe MWMassets over and above the sales price, approved by the
Pulaski
County
Court.
n r
This statement is intended to satisfy the requirement set forth in 1702. 1 A.9.
to provide a certification and proof that a copy ofthe application has been provided
to Central Arkansas Water("CAW")
and the North Little Rock Waste Water Utility
NLRWW")
accompany the application to form a new public water authority.
I, Stuart W. Hankins of Hankins Law Firm, P. A. hereby certify that I am
engaged by Maumelle Suburban Improvement District No. 500 a/ k/a Maumelle
Water
Management ("MWM")
as its attorney and in that capacity, I prepared the
application to form a new public water
authority
filed
by
MWM' s three (3)
Commissioners,
acting
in their individual capacities, which application contains
Exhibit"A"which is the proposed Water Service Area and Exhibit`B"which is the
proposed Waste Water
Service
Area for the new public water
authority.
Simultaneous with the filing of the application on May 7, 2014, I caused to be
delivered to Mr. Jim Ferguson, P. E. with CAWand Mr. Marc E. Wilkins, P. E. with
NLRWW copies of the May 7, 2014 cover letter to Mr. Mike Chandler and the
enclosed Exhibits "A"and "B"
Service Areas because both of these entities are
public utilities whose systems are within five miles of the applicant' s proposed
geographic service areas and both of their representatives' names are listed among
the recipients of copies at the end of that letter.
I have now provided both of the
CAW and NLRWW representatives with complete copies of the application as
supplemented by my June 23, 2014letter and my July 15, 2014 letter.
Hankins Law Firm, P. A.
4/
Stuart W. Hankins

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