07 21 2014 council packet

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Packet for the 7/21/14 Maumelle City Council Meeting held at 6pm @ City Hall.

TRANSCRIPT

  • AGENDAREGULAR MEETING

    CITY COUNCILCITY OF MAUMELLE

    JULY 21, 20146: 00 PM

    CITY HALL

    1. CALL TO ORDER

    2. INVOCATION AND PLEDGE OF ALLEGIANCEThe 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. SPECIAL GUESTS AND ANNOUNCEMENTS

    A. Maumelle Mommy and Me Presentation to Maumelle Friends of the Animals

    B. Quorum Court Report Justice of the Peace Paul Elliott

    4. APPROVAL OF MINUTESJULY 7TH REGULAR MEETING

    5. PUBLIC COMMENTDuring Public Comment, issues NOT on the agenda may be addressed. Public

    comments concerning items on the agenda will be allowed when that item isdiscussed by the Council. Anyone wishing to make a comment must fill out theprovided form and present it to the City Clerk. In the interest of time comments willbe limited to three ( 3) minutes. This privilege may be revoked by the Mayor inthe case of inappropriate language or comments. Any public member shall firststate his or her name and address, followed by a concise statement of the person'sposition or concern. All remarks shall be addressed to the Mayor or the Councilas a whole, not to any particular member of the Council. No person other than theCouncil members and the person having the floor shall be permitted to enter into anydiscussions without permission of the Mayor.

    6. FINANCIAL STATEMENT REVIEW (second meeting of each month)

    7. PROCEDURAL MOTION

    8. UNFINISHED BUSINESS

    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 of Real Estate Signs Alderman LewisWith no objections, Mayor Watson may call for the third reading of the ordinance amending theprovisions governing placement of real estate signs on corner lots in the City of Maumelle. A MOTIONIS IN ORDER.

    E. Third Reading Ordinance 854 Regarding the Unlawful Discharge of Fireworks Alderman LewisWith no objections, Mayor Watson may call for the third reading of the ordinance amending theMaumelle City Code regarding the penalty for the unlawful discharge of fireworks. A MOTION IS INORDER.

    F. Second Reading Ordinance 857 Providing for a Bond Election Mayor WatsonWith no objections, Mayor Watson may call for the second reading of the ordinance submitting to theelectors of the City of Maumelle the question of issuing bonds. NO ACTION IS REQUIRED.

    G. Second Reading Ordinance 858 Amending Maumelle Land Use Plan Mayor WatsonWith no objections, Mayor Watson may call for the second reading of the ordinance amending thecurrent Land Use Plan. NO ACTION IS REQUIRED.

    H. Second Reading Ordinance 859 Amending Maumelle Zoning Map Mayor WatsonWith no objections, Mayor Watson may call for the second reading of the ordinance amending thecurrent Zoning Map. NO ACTION IS REQUIRED.

    9. NEW BUSINESS

    A. Tree Board Appointment James Rule

    B. Resolution 2014- 30 Approving a Conditional Use Permit Mayor WatsonWith no objections, Mayor Watson may call for the reading of the resolution approving a conditional usepermit for the City of Maumelle to operate a municipal fire department in a C2 zone. A MOTION IS INORDER.

    C. Resolution 2014- 31 Acknowledging and Approving Terms of a Title VI Program Mayor WatsonWith no objections, Mayor Watson may call for the reading of the resolution acknowledging andaccepting terms of the Title VI program benefitting the Senior Citizen Transport Assistance Program.A MOTION IS IN ORDER.

    D. Discussion on Construction Board of Adjustments and Appeals

    10. MAYOR' S COMMENTS

    A. Bond Projects Update

    B. Possible Fireworks Incident

    11. PLANNING COMMISSION REPORT (following each PC meeting)

    12. ALDERMEN' S COMMENTS

    13. CITY ATTORNEY' S COMMENTS

  • 14. CITY CLERK' S COMMENTS

    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

  • MINUTESREGULAR MEETING

    CITY COUNCILCITY OF MAUMELLE

    July 7, 20146: 00 PM

    CITY HALL

    Mayor Watson called the meeting to order at 6: 00 p.m. with eight members present. City Attorney Davis wasabsent, but available via cellphone.

    Mayor Watson gave the Invocation and led the Pledge of Allegiance.

    SPECIAL GUESTS AND ANNOUNCEMENTS

    John Craft, with Craft, Veach& Company, presented the 2013 Audit. Alderman Johnson complained offreeloaders taking advantage of the City and questioned why it wasn' t a more significant issue for the auditorsand 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 themotion and it passed unanimously.

    PROCEDURAL MOTION

    Alderman Lewis moved to have all ordinances and resolutions read by title only. Alderman Anderson secondedthe motion and it passed unanimously.

    ORDINANCE 852 APPROVING THE FORMATION OF AN IMPROVEMENT DISTRICT

    With no objections, Mayor Watson called for the second reading of the ordinance establishing the MaumelleProperty 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 voteyes.

    Alderman Johnson stated a lot of Maumelle is what it is because of improvement districts. Mayor Watsonnoted 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 maynot be the best place to address it.

    Alderman Lewis moved to approve Ordinance 852. Alderman Anderson seconded the motion and it passedunanimously.

    1

  • ORDINANCE 853 REGARDING THE PLACEMENT OF REAL ESTATE SIGNS

    With no objections, Mayor Watson called for the second reading of the ordinance amending the provisionsgoverning placement of real estate signs on corner lots in the City of Maumelle. The City Clerk gave thereading.

    Alderman Hogue stated that she took issue with treating property on a golf course differently. Alderman Hoguemade a motion to omit, "However, no sign shall be allowed in the rear of any residential property except whenthe rear of the 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 allowsfor two signs on a corner lot. She stated that ordinance would have to be amended to allow for signs in the frontand back of other than corner lots.

    Alderman Johnson noted several areas with homes that face two streets.

    Alderman Lewis stated the purpose of the ordinance was to help the real estate market and asked the Council tonot overthink the issue. Alderman Hogue stated that she had not heard from any realtors on the issue and thatshe 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 ongolf 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".

    ORDINANCE 854 REGARDING THE UNLAWFUL DISCHARGE OF FIREWORKS

    With no objections, Mayor Watson called for the second reading of the ordinance amending the Maumelle CityCode 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.

    ORDINANCE 855 PROVIDING FOR THE LEVY OF A SALES TAX

    With no objections, Mayor Watson called for the first reading of the ordinance providing for the levy of a onequarter 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 theapproved projects.

    Alderman Johnson stated he was concerned that the sales tax issue would cause people to vote no on all of theprojects.

    2

  • Alderman Lewis asked if the pledging of the sales tax would help on the interest rate of the bonds. Bill Spiveystated it is additional security, but was not for sure if it would decrease any interest rate. Mr. Trumper stated itcould help the bond rating and with interest rates.

    The Council received clarification on what would happen if only selected questions were approved and why theordinances 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 statedthat based on current market conditions, the debt would be $ 27.6 million with a state of maturity of 2032, butwith even zero percent growth, it would payoff in 2027.

    Alderman Mosley asked if what would happen if we needed additional funds in two years. Mr. Trumper statedthe 6.6 mills would be tied up and it may take five to ten years before we could issue additional bonds withthose 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 if it were not for the bonds that Maumelle would not have many ofthe facilities it has.

    Alderman Lewis asked what would happen if the Council removed a project. Mr. Spivey stated the Councilcould do whatever they felt was appropriate. Alderman Lewis stated he was uncomfortable with all fourprojects on the ballot and stated it was time to make some tough decisions now. Alderman Mosley noted hewould 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 Maumellecould 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 if the tax was not on the ballot.

    ORDINANCE 856 PROVIDING FOR A SALES TAX ELECTION

    With no objections, Mayor Watson called for the first reading of the ordinance submitting to the electors of theCity of Maumelle the question of levying a one- quarter of one percent sales and use tax. The City Clerk gavethe reading.

    ORDINANCE 857 PROVIDING FOR A BOND ELECTION

    With no objections, Mayor Watson called for the first reading of the ordinance submitting to the electors of theCity of Maumelle 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 themotion.

    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 agreedwith 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 otherprojects on the ballot.

    Alderman Anderson stated that the bond task force ranking had hurt the pool project and noted other problemswith 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 andAnderson voting no.

    Alderman Lewis made a motion to strike question two from Ordinance 857. Alderman Johnson seconded themotion. 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 Hallproject 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 themotion 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 themotion and the motion failed with only Alderman Mosley voting yes.

    ORDINANCE 855 PROVIDING FOR THE LEVY OF A SALES TAX

    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 CityClerk gave the second and third readings.

    Alderman Lewis made a motion to approve Ordinance 855. Alderman Saunders seconded the motion and itfailed with only Alderman Hogue voting yes.

    ORDINANCE 856 PROVIDING FOR A SALES TAX ELECTION

    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. TheCity Clerk gave the second and third readings.

    Alderman Lewis made a motion to approve ordinance 856. Alderman Anderson seconded the motion. Theordinance failed with only Alderman Hogue voting yes.

    ORDINANCE 857 PROVIDING FOR A BOND ELECTION

    Mr. Spivey stated he could summarize the changes that need to be made in Ordinance 857 resulting from thelast Council action to strike questions and the Council could make those changes as referenced. Mr. Spiveydetailed the necessary changes.

    Alderman Lewis made a motion to adopt the changes as laid out by Mr. Spivey. Alderman Anderson secondedthe motion and it passed with only Alderman Hogue voting no.

    Mr. Spivey gave the first reading of Ordinance 857 as amended.

    4

  • ORDINANCE 858 AMENDING MAUMELLE LAND USE PLAN

    With no objections, Mayor Watson called for the first reading of the ordinance amending the current Land UsePlan. The City Clerk gave the reading.

    Mayor Watson noted there were no changes other that those adopted by ordinance by the Council. AldermanLewis thanked Mayor Watson and Mr. Narey for their efforts on this.

    ORDINANCE 859 AMENDING MAUMELLE ZONING MAP

    With no objections, Mayor Watson called for the first reading of the ordinance amending the current ZoningMap. The City Clerk gave the reading.

    RESOLUTION 2014-29 AMENDING THE 2014 GENERAL FUND BUDGET

    With no objections, Mayor Watson called for the reading of the resolution amending the 2014 General FundBudget for closings costs on a land purchase. The City Clerk gave the reading.

    Mayor Watson noted this is to cover the closing costs of the 6. 04 acre land purchase.

    Alderman Norris made a motion to approve Resolution 2014-29. Alderman Anderson seconded the motion andit passed with only Alderman Mosley voting no.

    Alderman Lewis asked if there was a closing date, time and which company the City was using to close. MayorWatson stated the closing date is July 10 and Lenders Title would be the closing company.

    DISCUSSION ON POSSIBLE AGREEMENT WITH PULASKI COUNTY REGARDING COUNTY JAIL

    Mayor Watson stated Judge Villines sent a letter to the five larger City' s Mayor' s to review. He stated that theissue is the option of an annual fee or a per diem rate for jail usage. He stated that 13 of the 15 justices of thepeace have signed off on the per diem rate.

    After further discussion of the issues and Council options, Mayor Watson stated that the Council would beasked to take action on an agreement before the end of August.

    MAYOR' S COMMENTS

    Mayor Watson stated Fourth Fest was a success. He noted the great turn out for the cardboard boat race and thecompliments 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 holidayweekend but that no citations were issued.

    Mayor Watson stated the bathrooms at Lake Valencia were now open.

    PLANNING COMMISSION REPORT

    Mayor Watson noted the updated land use and zoning maps were approved at the Planning Commission beforecoming to the Council. He noted a variance on a building set back had been denied and stated that theconditional use permit for the new fire station had been approved and would be coming to the Council.

    5

  • ALDERMEN' S COMMENTS

    Alderman Kelley asked for additional information on any that were not paying their garbage and communityservice 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 PWAcould 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.

    CITY CLERK' S COMMENTS

    City Clerk Clausen stated there are vacancies on the Tree Board and the Public Facilities Board that the Councilwould be asked to fill.

    ADJOURNMENT

    Alderman Lewis moved to adjourn the meeting. Alderman Saunders seconded the motion and it passedunanimously.

    Mayor Watson adjourned the meeting at 9: 29 pm.

    MAYOR MICHAEL WATSON

    CITY CLERK JOSHUA CLAUSEN

    APPROVED

    July 21, 2014

    6

  • City of MaumelleFinancial Statement Summary

    FOR THE MONTH ENDED JUNE 30, 2014

    GENERAL FUNDNonspendable 2, 344CommittedAssigned 228, 118Unassigned 5, 637,794Total Fund Balance 5, 868,256

    STREET FUND

    Restricted 3, 272,418Assigned

    Total Fund Balance 3, 272,418

    SANITATION FUND

    Retained Earnings 1, 322,627

  • CITY OF MAUMELLEGENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE

    FOR THE MONTH ENDED JUNE 30, 2014

    2014 2014 12 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/BUDGET BUDGET REV 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 45,571County 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, 198Franchise 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 14,879Late& 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 325Parks 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 5,881Animal Control Fees 12, 000 12, 000 6,000 6, 365 365 4,595 1, 770Municipal 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 896Dispatch Services 26,000 26,000 13,000 26,000 13,000 26, 000Federal Grants 18,976 18,976)State Grants 96,519 96,519 36,277 60,242Private Grants 1, 350 1, 350)Private Donations 1, 000 1, 000 1, 000Investment Income 12,000 12, 000 6,000 3,876 2, 124) 3,339 537Other Financing Sources 10,849 10,849 9,799 1, 050Miscellaneous 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 588Court 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, 601Fire 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, 883CED 202,101 206,301 103, 151 98,697 4,454) 93,848 4,849Planning& Zoning 141, 500 141, 500 70,750 59,852 10, 898) 59,777 75Code 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) ofRevenues 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

  • CITY OF MAUMELLEGENERAL FUND- BALANCE SHEET

    FOR THE MONTH ENDED JUNE 30, 2014

    ASSETS

    Current Assets

    Cash 6,062,879Accounts Receivable 83,422Due From Other Funds 2, 118Inventory- Court Drug Tests 226

    Total Current Assets 6, 148,645

    TOTAL ASSETS 6,148,645

    LIABILITIES AND FUND BALANCE

    Liabilities:

    Payroll Liabilities 124,592Accounts Payable 850Other Liabilities 154, 947

    Total Liabilities 280,389

    Fund Balance:

    Nonspendable

    Inventory 226Due from agency fund 2, 118Prepaid

    Restricted

    CommittedAssigned to purchase orders 228, 118

    Unassigned 5,637,794Total Fund Balance 5,868,256

    TOTAL LIABILITIES AND FUND BALANCE 6, 148,645

    Page 3

  • CITY OF MAUMELLESTREET FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE

    FOR THE MONTH ENDED JUNE 30, 2014

    2014 2014 12 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/BUDGET BUDGET REV BUDGET 6/30/2014 ( UNDER) 6/30/2013 ( UNDER)

    Revenues:State Tumback 809,750 809,750 404,875 399, 869 5,006) 398, 886 983Street Aid Program 300,000 300,000 150,000 156,220 6,220 156,220County Millage Tax 540,000 540,000 270,000 311, 028 41, 028 297, 800 13, 228Street Sign Revenue 200 200 100 2, 573 2,473 2,573Investment Income 19,000 19, 000 9, 500 6,642 2,858) 4,943 1, 699Appropriation from Fund BalanceMiscellaneous 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 45,068Other 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

    Excess( Deficiency) ofRevenues 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

  • CITY OF MAUMELLESTREET FUND- BALANCE SHEET

    FOR THE MONTH ENDED JUNE 30, 2014

    ASSETS

    Current Assets:

    Cash 3,285,062Taxes ReceivableAccounts Receivable 168Total Current Assets 3, 285,230

    TOTAL ASSETS 3, 285,230

    LIABILITIES AND FUND BALANCE

    Liabilities:

    Payroll Liabilities 12, 397Accounts Payable 415

    Total Liabilities 12, 812

    Fund Balance:

    NonspendableRestricted 3,272,418

    CommittedAssigned to:

    Capital projectsEliminate a projected budgetary deficit

    UnassignedTotal Fund Balance 3,272,418

    TOTAL LIABILITIES AND FUND BALANCE 3,285,230

    Page 5

  • CITY OF MAUMELLESANITATION FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN EQUITY

    FOR THE MONTH ENDED JUNE 30, 2014

    2014 2014 12 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/BUDGET BUDGET REV BUDGET 6/30/2014 ( UNDER) 6/30/2013 ( UNDER)

    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 665Cart Rental 18,000 18,000 9, 000 9,259 259 8, 806 453Sales 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 10,301Other 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

    Excess( Deficiency) ofRevenues 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

  • CITY OF MAUMELLESANITATION- BALANCE SHEET

    FOR THE MONTH ENDED JUNE 30, 2014

    ASSETS

    Current assets:Cash 976, 198Accounts Receivable 145,763

    Total Current Assets 1, 121, 961

    Noncurrent assets:Capital Assets 1, 488,099Less Accumulated Depreciation 1, 162, 884)

    Total Noncurrent Assets 325,215

    TOTAL ASSETS 1, 447, 176

    LIABILITIES AND EQUITY

    Current Liabilities:Payroll Liabilities 8, 549Sales Taxes Payable 27, 094Reserve 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

    TOTAL LIABILITIES AND EQUITY 1, 447, 176

    Page 7

  • CITY OF MAUMELLE NOTES TO FINANCIAL STATEMENTS

    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 to20% 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 classificationsfor 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 itemsRestricted- 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 councilAssigned- use of these funds is restricted by informal action of the city councilUnassigned- fund balance that has not been restricted, committed, or assigned

    Page 8

  • GENERAL FUND BUDGET RESOLUTIONS PASSED IN 20142014-07 2014 Dodge Ram outfitting for Fire department 7, 0002014-08 Court Automation Technology Revenue for 2013 26,5832014- 10 Fuel Center Facility 8, 5002014- 14 Police Department of Justice Grant 4,3002014-20 Bond community survey 3, 3002014- 22 Fire Ladder Truck 1, 068, 108

    2014-26 Purchase land for new fire station 669,612Total 1, 787,403

    STREET FUND BUDGET RESOLUTIONS PASSED IN 20142014-06 CATA funding 4,7682014-09 Fuel Center Facility 8, 500

    13, 268

    SANITATION FUND BUDGET RESOLUTIONS PASSED IN 20142014- 11 Fuel Center Facility 8,500

    Page 9

  • tv. Countyo} `', p' ADMINISTRATION BUILDING

    COUNTY JUDGE/ CHIEF EXECUTIVE OFFICER 201 SOUTH BROADWAY, SUITE 400LITTLE ROCK, ARKANSAS 72201501- 340-8305

    COUNT PULASKI 501- 340-8282 FAX

    MEMOITIE

    ALEXANDER

    CAMMACK VILLAGE TO: PULASKI COUNTY MAYORS

    JACKSONVILLEFROM: BUDDY VILLINES

    LITTLE ROCK COUNTY JUDGE/ CHIEF EXECUTIVE OFFICERMAUMELLE

    NORTH LITTLE ROCK DATE: JULY 9, 2014

    SHERWOOD

    WRIGHTSVILLE RE: JAIL AGREEMENT

    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 SQUARE MILES

    MILITARY

    BASES

    LRAFB

    CAMP ROBINSON

  • MEMORANDUM OF AGREEMENT

    This Memorandum of Agreement is entered into on this day of

    by and between Pulaski County, Arkansas (County) and the City ofMaumelle (City) pursuant to the authority of ARK. CODE ANN. 25-20- 101 e - q., and willbecome 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 theCounty. 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 andoperate 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\COCOURNAIL AGT 2014 MAUMELLE.DOCX

  • whereby City funds are made available to the County to assist in the operation of a

    regional jail.

    IT IS THEREFORE hereby 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-perce440Section 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\C000URTUAIL AOT 2014 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 2014 calendar will subject the

    individual city to the daily rate set out herein as long as all outstandin. is -nts are

    made for the 2014 calendar 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\COOOURNAIL AGF 2014 MAUMELLE.DOCX

  • t\ ' laSla CountygriA

    ir-)111.

    F.G." BUDDY" VILLINES ADMINISTRATION BUILDING

    COUNTY JUDGE/ CHIEF EXECUTIVE OFFICER201 SOUTH BROADWAY, SUITE 400LITTLE ROCK, ARKANSAS 72201501- 340-8305

    COUNT PULASKI 501- 340-8282 FAX

    MEMORANDUMCITIES

    ALEXANDER

    CAMMACK VILLAGE TO: PULASKI COUNTY MAYORSJACKSONVILLE

    FROM: BUDDY VILLINESLITTLE ROCK

    COUNTY JUDGE/ CHIEF EXECUTIVE OFFICERMAUMELLE

    NORTH LITTLE ROCK DATE: JULY 8, 2014SHERWOOD

    RE: JAIL AGREEMENTWRIGHTSVILLE

    I have enclosed a draft of an agreement that reflects the points raised in Monday' smeeting at the GLRCC. The changes reflect what the County feels comfortable with. Weare ready to sign this enclosed agreement.

    UNINCORPORATED

    AREATwo other points:

    600 SQUARE MILES

    1) Little Rock and North Little Rock are the only cities that have notcompleted 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

    CAMP ROBINSON

  • MEMORANDUM OF AGREEMENT

    This Memorandum of Agreement is entered into on this day of

    by and between Pulaski County, Arkansas (County) and the City ofMaumelle( City) pursuant to the authority of ARK. CODE ANN. 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\COCOURTUAIL AGT 2014 MAUMELLE.DOCX

  • regional jail.

    IT IS THEREFORE hereby agreed that:

    Section 1. Payments. To help defray operation costs of the jail, the Cityagrees 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\ COCOURTUAIL AGT 2014 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 to the 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\COCOURTUAIL AGT 2014 MAUMELLE.DOCX

  • Pulaski CountyiAdministrative Director/ 201 SOUTH BROADWAY, SUITE 420Comptroller LITTLE ROCK, ARKANSAS 72201

    501- 340- 8392

    Colwt Puuau

    MEMORANDUM

    TO: JUDGE BUDDY VILLINES, III

    FROM: MIKE HUTCHENS, DIRECTOR OF ADMINISTRATIVE SERVICES

    DATE: JULY 10, 2014

    RE: WORK RELEASE CENTER CONTRACT

    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 of the facility?". As you know, I preach LOWEREXPENSES, LOWER EXPENSES, LOWER EXPENSES. That' s what this agreement will do. When 125 stateprisoners are removed from the facility, we will save the $ 15. 52 per day we loose by housing said prisoner. Ourcost per day is$ 43. 52 per prisoner. This is a lowered expense and will free up beds to incarcerate PulaskiCounty prisoners. Also, the building is vacant, but we do maintain maintenance on the building, which is anexpense. This will lower that expense because under the terms of the contract, the responsibility falls to thestate.

    Additionally, to clear up any confusion regarding the billing of state prisoners, here is a quick summary of howthat works. Usually at the first of each month the ADC sends us invoices on all the inmates they had acceptedfrom us the previous month. Each inmate invoice reflects either the day the inmate was committed to ADC orthe day the commitment paperwork was approved by the ADC till the day they are sent to the ADC. Once aninmate is committed by Circuit Court to the ADC the Prosecutors Office prepares the commitment order for thejudge to sign reflecting the sentence the judge has given the inmate when they were committed. TheProsecutor' s Office then sends the commitment paperwork to the ADC for their review, if the paperwork isapproved by the ADC within twenty-one ( 21) days of commitment( see ACA 12- 27- 114) we are compensatedby the state from the day of commitment till the day they arrive at the ADC. If the committing paperwork is notapproved until after the twenty-one ( 21) day time period, the state will only reimburse us from the date thepaperwork is approved till the date the inmate arrives at the ADC. The state computes our payment on aTwenty-eight( 28) dollar a day basis as set by state law. The county does not receive payment for the time thestate inmate is housed in the Pulaski County jail UNTIL the inmate is taken to ADC.

    GRANTSACCOUNTING 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 8870North Little Rock 759, 764 5. 00% 797, 752.20 37,988 5977

    Sherwood 127, 047 5. 00% 133,399.35 6,352 2311Jacksonville 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 InmateAgreement Inmates per Agreement Per Diem Basis Cost by Per Diem

    Little Rock 1, 854, 576 8870 209. 08 333.00 2, 953,710.00North Little Rock 797, 752 5977 133.47 333.00 1, 990,341. 00Sherwood 133,399 2311 57. 72 333.00 769,563.00Jacksonville 201, 071 1609 124.97 333.00 535, 797.00Maumelle 51, 247 295 173. 72 333.00 98, 235.00

    Total of Cities 3,038, 046 19062 6, 347, 646

  • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAUMELLE,COUNTY OF PULASKI, STATE OF ARKANSAS,

    AN ORDINANCE TO BE ENTITLED

    ORDINANCE NO. 853

    AN ORDINANCE AMENDING THE PROVISIONS GOVERNING PLACEMENT OFREAL ESTATE SIGNS ON CORNER LOTS IN THE CITY OF MAUMELLE AND

    FOR OTHER PURPOSES.

    WHEREAS, the City of Maumelle allows signs identifying properties for sale within theCity under certain circumstances and with particular requirements in place, and

    WHEREAS, provisions regulating said signs do not address those corner propertieswhich may need more than one sign and the City Council desires to add those provisions.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

    MAUMELLE, ARKANSAS, THAT:

    SECTION 1. Chapter 58. Sign Regulations, Article III. Residential and Miscellaneous, Section

    58- 163, Real Estate Signs, of the 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 belimited to wall and freestanding signs whose permitted illumination and maximum displaysurface 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. Two2) signs must be separated by at least 100 feet.

    4) Temporary open house/ directional signs. Open house/directional signs, of a sizenot greater than six non-illuminated square feet, may be placed at a rate of one per companyper 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. Nomore than four directional open house signs may be placed within the city limits for any oneopen house on any one day. Failure to remove signs within the prescribed time period willcause a fine to be levied at a rate of$ 50.00 per sign left on the site. Chronic violation of thissubsection 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 aviolation 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 thesign on which it is placed, may be placed at a rate of one per lot or tract, per company. All realestate signs and stickers shall be removed from the lot or tract within 30 days of the sale orwithin 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 uponany property advertised for sale or lease which advertises services directly related to the sale orlease of said property.

    a. Such services may include, but are not limited to, financing, insurance, or homeimprovement 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.

    SECTION 2. Codification. It is the intention of the City Council of the City of Maumelle thatthe provisions of this Ordinance shall become and be made a part of the Code of Ordinances 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 orphrase in order to accomplish such intention.

    SECTION 3. Severability. If any clause, section or other part of this Ordinance shall be held byany court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional orinvalid part shall be considered as eliminated and in no way effecting the validity of the otherprovisions of this Ordinance.

    SECTION 4. Repealer. All other provisions of Chapter 58 of the Maumelle City Code remainunamended hereby. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutionsin 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 NorrisAye:No:

    Page 3 Ordinance 853

  • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAUMELLE,COUNTY OF PULASKI, STATE OF ARKANSAS

    AN ORDINANCE TO BE ENTITLED

    ORDINANCE NO. 854

    AN ORDINANCE OF THE CITY OF MAUMELLE, ARKANSAS, AMENDINGTHE MAUMELLE CITY CODE CONCERNING THE PENALTY FORUNLAWFUL DISCHARGE OF FIREWORKS WITHIN THE CITY OF

    MAUMELLE AND FOR OTHER PURPOSES

    WHEREAS, the City Council is committed to the safety and peace of the City ofMaumelle; and

    WHEREAS, the Maumelle City Code provisions allow for the discharge offireworks 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 increasethe possible fine for a violation of the ordinance.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF MAUMELLE, ARKANSAS, THAT:

    SECTION 1. The Maumelle City Code, Chapter 26 FIRE PREVENTION ANDPROTECTION, Article III. Fireworks, Section 26- 72, Penalty for Violation of Article, ishereby amended to read as follows:

    Sec. 26- 72. Penalty for violation of article.

    Any violator of this article shall be guilty of a misdemeanor and upon conviction, theviolator will be punished by a fine of not more than X00.00 200.00, plus court costs.

    SECTION 2. Codification. It is the intention of the City Council of the City ofMaumelle that the provisions of this Ordinance shall become and be made a part of theCity Code of the City of Maumelle, Arkansas, and that the Sections of this ordinance maybe 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.

    SECTION 3. Severability If any clause, section or other part of this Ordinance shall beheld by any court of competent jurisdiction to be unconstitutional or invalid, suchunconstitutional or invalid part shall be considered as eliminated and in no way effectingthe validity of the other provisions of this Ordinance.

  • SECTION 4. Repealer All other provisions of Chapter 26 of the Maumelle City Coderemain 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 ofsuch conflict.

    Adopted this day of 2014.

    Michael Watson, Mayor

    Attest:

    Joshua Clausen, City Clerk

    Approved As To Form:

    JaNan Arnold Davis, City Attorney

    Sponsor: Alderman Lewis

    Saunders Anderson Kelley Mosley Lewis Hogue Johnson NorrisAye:No:

    Page 2 of Ordinance 854

  • ORDINANCE NO. 857

    ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OFMAUMELLE, ARKANSAS AT THE NOVEMBER 4, 2014 GENERALELECTION THE QUESTIONS OF ISSUING BONDS UNDERAMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OFARKANSAS IN THE MAXIMUM PRINCIPAL AMOUNT OF $22,290, 000FOR THE PURPOSE OF REFUNDING THE CITY OF MAUMELLE,ARKANSAS CAPITAL IMPROVEMENT BONDS SERIES 2013 ANDSERIES 2014; AND FOR THE PURPOSES OF FINANCING VARIOUSCAPITAL IMPROVEMENTS TO THE CITY FACILITIES TO BEPAYABLE FROM AND SECURED BY A CONTINUING ANNUAL ADVALOREM PROPERTY TAX LEVIED AT THE MAXIMUM RATE OF6.60 MILLS ON THE DOLLAR OF ASSESSED VALUATION OFTAXABLE PROPERTY IN THE CITY; PRESCRIBING OTHERMATTERS RELATING THERETO; AND DECLARING ANEMERGENCY.

    WHEREAS, the City of Maumelle, Arkansas ( the " City") is a city of the first classduly 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 theaggregate amount of not to exceed $ 22, 290, 000 ( the " Bonds") for the purposes of( i) refundingthe City' s outstanding Capital Improvement Bonds Series 2013 and Series 2014 issued in theoriginal aggregate principal amount of$ 15, 545, 000 ( the " Prior Bonds"); ( ii) financing variouscapital improvements ( together, the " Capital Improvements") including a portion of the costsof financing the design, construction, improvement and equipping of a Maumelle City Hall andrelated city administrative offices; a Senior Wellness Facility; and athletic fields for T-ball andsoftball ( the " Capital Improvement Bonds"); and ( iii) paying the costs incidental to theissuance 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 ofthe electors of the City; and

    WHEREAS, the City Council has determined that in order to secure and retire theBonds it will be necessary to continue to levy the existing ad valorem tax on taxable propertywithin the City at a rate not to exceed six and six tenths ( 6. 60) mills on the dollar of theassessed value of taxable property in the City originally approved by the electors of the City atthe special election held on November 16, 1999, and reauthorized at the special elections heldon December 7, 2004 and again on October 9, 2012.

    NOW THEREFORE, BE IT ORDAINED, by the City Council of the City ofMaumelle, Arkansas:

    Section 1. There shall be submitted to the electors of the City at the general electionto 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 amountsinclude all or a portion of( i) the costs of refunding the Prior Bonds, ( ii) the costs of the CapitalImprovements, and ( iii) expenses of authorizing and issuing the Bonds. The maximum rate ofthe 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:

    Page 2 of Ordinance 857

  • FORM OF OFFICIAL BALLOTFOR GENERAL ELECTION IN THECITY OF MAUMELLE, ARKANSAS

    NOVEMBER 4, 2014

    The bonds that are approved may be combined into a single issue of bonds ( theBonds"), 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 theBonds are approved and issued, the City will continue to levy the continuing annual ad valoremtax, without increase, on all taxable property located within the City of Maumelle at a rate ofsix and six tenths ( 6. 60) mills on the dollar of the assessed value of the taxable property ( theTax") 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 outstandingCapital Improvement Bonds Series 2013 and Series 2014 are repaid in full.

    Question 1: REFUNDING OF CITY OF MAUMELLE CAPITALIMPROVEMENT BONDS SERIES 2013 AND SERIES 2014 ( THE

    REFUNDING BONDS")

    Vote on each question by placing an " X" in the square opposite the question eitherFOR" or " AGAINST".

    A proposal to issue limited tax general obligation bonds under theArkansas Constitution, Amendment 62 and the Local GovernmentBond Act of 1985, as amended, in the maximum principalamount of $ 13, 845, 000 for the purpose of refunding theoutstanding City of Maumelle, Arkansas Capital ImprovementBonds, Series 2013 and Series 2014 and paying the costs ofissuance related thereto.

    FOR the issuance of the Refunding Bonds in the maximumprincipal amount of $13, 845, 000 and paying the costs of issuancerelated thereto.

    AGAINST the issuance of the Refunding Bonds in the maximumprincipal amount of$ 13, 845, 000 and paying the costs of issuancerelated thereto.

    Page 3 of Ordinance 857

  • Question 2: MAUMELLE CITY HALL PROJECT CAPITAL IMPROVEMENTBONDS

    Vote on each question by placing an " X" in the square opposite the question eitherFOR" or " AGAINST".

    A proposal to issue limited tax general obligation bonds under theArkansas Constitution, Amendment 62 and the Local GovernmentBond Act of 1985, as amended, in the maximum principalamount of $2, 725, 000 to finance a portion of the costs to design,engineer, improve, construct, and equip the Maumelle City Halland related city administrative offices together with the extensionof utilities, and including, without limitation, sidewalks, andutility relocations together with any necessary land acquisitionand street, parking and drainage improvements therefor andpaying the costs of issuance related thereto.

    FOR a bond issue in the maximum principal amount of2, 725, 000 for the Maumelle City Hall Project capital

    improvements.

    AGAINST a bond issue in the maximum principal amount of2, 725, 000 for the Maumelle City Hall Project capital

    improvements.

    Question 3: MAUMELLE SENIOR WELLNESS CENTER PROJECTCAPITAL IMPROVEMENT BONDS

    Vote on each question by placing an " X" in the square opposite the question eitherFOR" or " AGAINST".

    A proposal to issue limited tax general obligation bonds under theArkansas Constitution, Amendment 62, and the Local

    Government Bond Act of 1985, as amended, in the maximumprincipal amount of $4, 610, 000 to finance a portion of the coststo design, engineer, improve, construct and equip the City ofMaumelle Senior Wellness Center together with the extension ofutilities, and including, without limitation, sidewalks, bicyclepaths and utility relocations together with any necessary landacquisition and street, parking and drainage improvements

    therefor and paying the costs of issuance related thereto.

    FOR a bond issue in the maximum principal amount of4, 610, 000 for the Senior Wellness Center Project capital

    improvements.

    Page 4 of Ordinance 857

  • AGAINST a bond issue in the maximum principal amount of4, 610, 000 for the Senior Wellness Center Project capital

    improvements.

    Question 4: ATHLETIC FIELDS FOR T-BALL AND SOFTBALLPROJECT CAPITAL IMPROVEMENT BONDS

    Vote on each question by placing an " X" in the square opposite the question eitherFOR" or " AGAINST".

    A proposal to issue limited tax general obligation bonds under theArkansas Constitution, Amendment 62 and the Local GovernmentBond Act of 1985, as amended, in the maximum principalamount of $ 1, 110, 000 to pay a portion of the costs to design,engineer, construct, acquire, equip and improve athletic fields forT-ball and softball and related improvements including, but notlimited to, extension of utilities, buildings, related parkingimprovements and landscaping, furniture, fixtures andmiscellaneous furnishings, and any necessary land acquisition andequipment, and street, parking and drainage improvements

    therefor and paying the costs of issuance related thereto.

    FOR a bond issue in the maximum principal amount of1, 110, 000 for athletic fields for T-ball and softball and related

    project capital improvements.

    AGAINST a bond issue in the maximum principal amount of1, 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 setforth in Section 2 of this Ordinance into a single project or projects in order to achieve costsavings, greater operating efficiency and functional utility or for other purposes deemed by theCity 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 electionby one publication in a newspaper having general circulation within the City. Publication shallbe made not less than ten ( 10) days prior to the date of the election or as otherwise provided bythe laws of the State of Arkansas.

    Section S. The election shall be held and conducted and the vote canvassed and theresults declared under the law and in the manner now provided for municipal elections, andonly 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 aproclamation and publishing the same one time in a newspaper having general circulation in

    Page 5 of Ordinance 857

  • the City. The results as proclaimed shall be conclusive unless suit challenging the results isfiled in the Circuit Court of Pulaski County within thirty ( 30) days after publication of theproclamation.

    Section 7. A copy of this Ordinance shall be ( a) filed with the Pulaski Circuit Clerkat least 70 days prior to the general election date, and ( b) shall also be given to the PulaskiCounty Board of Election Commissioners so that the necessary election officials and suppliesmay be provided. A certified copy of this Ordinance and the Tax Ordinance shall also beprovided to the Commissioner of Revenues of the State of Arkansas as soon as practicablefollowing its adoption.

    Section 8. Subject to the approval of the electors, the issuance of the bonds for thepurposes and the amounts specified in Section 2 of this Ordinance is hereby authorized. TheBonds 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 forexpenditures made by the City prior to the date the Bonds are issued for Capital Improvementsand expenses of authorizing and issuing the Bonds.

    Section 11. The provisions of this Ordinance are hereby declared to be separable andif any provision shall for any reason be held illegal or invalid, such holding shall not affect theremainder of this Ordinance.

    Section 12. All Ordinances and parts thereof in conflict herewith are hereby repealedto the extent of such conflict.

    Section 13. Emergency. It is hereby ascertained and declared that there is animmediate need to accomplish the refunding of the Prior Bonds and for the CapitalImprovements 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 accomplishedonly by the issuance of the Bonds. It is, therefore, declared that an emergency exists and thisOrdinance being necessary for the immediate preservation of public peace, health and safetyshall be enforced and take effect immediately from and after its passage.

    Adopted this day of 2014.

    APPROVED:

    Mayor Michael Watson

    Page 6 of Ordinance 857

  • ATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO FORM:

    JaNan Davis, City Attorney

    SEAL)

    Sponsor: Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Hogue Johnson NorrisAye:No:

    Page 7 of Ordinance 857

  • CERTIFICATE

    STATE OF ARKANSAS )

    COUNTY OF PULASKI )

    I, Joshua Clausen, City Clerk, within and for the City of Maumelle, Arkansas dohereby certify that the foregoing is a true and correct copy of Ordinance No. of theOrdinances of the City of Maumelle, Arkansas entitled: " ORDINANCE SUBMITTING TOTHE ELECTORS OF THE CITY OF MAUMELLE, ARKANSAS AT THE NOVEMBER4, 2014 GENERAL ELECTION THE QUESTIONS OF ISSUING BONDS UNDERAMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS INTHE MAXIMUM PRINCIPAL AMOUNT OF $ 30, 190, 000 FOR THE PURPOSE OFREFUNDING THE CITY OF MAUMELLE, ARKANSAS CAPITAL IMPROVEMENTBONDS SERIES 2013 AND SERIES 2014; AND FOR THE PURPOSES OF FINANCINGVARIOUS CAPITAL IMPROVEMENTS TO THE CITY FACILITIES TO BEPAYABLE FROM AND SECURED BY A CONTINUING ANNUAL AD VALOREMPROPERTY TAX LEVIED AT THE MAXIMUM RATE OF 6.60 MILLS ON THEDOLLAR OF ASSESSED VALUATION OF TAXABLE PROPERTY IN THE CITY;PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING ANEMERGENCY;" passed by the City Council of the City on 2014, saidOrdinance now appearing of record in my office in Book

    IN WITNESS WHEREOF, I have hereunto set my hand and seal office this dayof 2014.

    Joshua Clausen, City ClerkCity of Maumelle, Arkansas

    Page 8 of Ordinance 857

  • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFMAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS,

    AN ORDINANCE TO BE ENTITLED:

    ORDINANCE NO. 858

    AN ORDINANCE UPDATING THE MAUMELLE LAND USE PLANAND MAP AND FOR OTHER PURPOSES

    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 adoptthe updated Maumelle Land Use Map; and

    WHEREAS, on June 26, 2014, at a public hearing, a majority of the members of thePlanning Commission approved a motion to recommend adoption of the updated land use map tothe Maumelle City Council; and

    WHEREAS, the City Council has reviewed the recommendations of the PlanningCommission, the recommendation of staff, has obtained facts, statements and other informationconcerning the request to adopt the updated land use plan; and

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

    Section 1. The Maumelle Land Use Plan and Map is hereby adopted as shown and set forth inthe map attached hereto as Exhibit A.

    Section 2. Repealer. All other ordinances or parts of ordinances in conflict herewith are herebyrepealed to the extent of the conflict.

    Section 3. Severance. If any clause, sentence, paragraph, section or other portion of thisordinance is found to be unconstitutional, invalid or inoperative by a court of competentjurisdiction, such findings shall not effect the validity of the remainder of these sections, norshall any proceeding invalidating any portion of any section operate to affect any portion ofthe remainder of said sections not specifically attacked in said proceeding.

    Adopted this day of 2014.

    Michael Watson, Mayor

  • ATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO FORM:

    JaNan Arnold Davis, City Attorney

    Sponsor: Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Hogue Johnson NorrisAye:No:

    Page 2 of Ordinance 858

  • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFMAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS,

    AN ORDINANCE TO BE ENTITLED:

    ORDINANCE NO. 859

    AN ORDINANCE UPDATING THE MAUMELLE ZONING MAP ANDFOR OTHER PURPOSES

    WHEREAS, the Maumelle Planning Commission, as part of its regular activities,reviewed and considered an update to the Maumelle Zoning Map showing changes which havebeen adopted since the last update of the Maumelle Zoning Map, and suggested that the Counciladopt the updated Maumelle Zoning Map; and

    WHEREAS, on June 26, 2014, at a public hearing, a majority of the members of thePlanning Commission approved a motion to recommend adoption of the updated zoning map tothe Maumelle City Council; and

    WHEREAS, the City Council has reviewed the recommendations of the PlanningCommission, the recommendation of staff, has obtained facts, statements and other informationconcerning the request to update the Maumelle Zoning Map; and

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

    Section 1. The Maumelle Zoning Map is hereby adopted to reflect that which is shown onExhibit A attached hereto and adopted by reference as if set forth herein.

    Section 2. Repealer. All other ordinances or parts of ordinances in conflict herewith are herebyrepealed to the extent of the conflict.

    Section 3. Severance. If any clause, sentence, paragraph, section or other portion of thisordinance is found to be unconstitutional, invalid or inoperative by a court of competentjurisdiction, such findings shall not effect the validity of the remainder of these sections, norshall any proceeding invalidating any portion of any section operate to affect any portion ofthe remainder of said sections not specifically attacked in said proceeding.

    PASSED this day of 2014.

    Michael Watson, Mayor

  • ATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO FORM:

    JaNan Arnold Davis, City Attorney

    Sponsor: Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Hogue Johnson NorrisAye: No:

    Page 2 of Ordinance 859

  • NOTICE

    CITY TREE BOARD VACANCIES

    The Mayor and City Council are accepting resumes from residents interested in servingon the City' s Tree Board. Two citizens will be appointed to three- year terms ending June30, 2017. An applicant must be a resident of Maumelle. Desired backgrounds forapplicants include land development, forestry, landscaping or horticulture, utilityindustry, and City Beautification Committee, but any with a desire to serve areencouraged to apply. The Director of Planning & Zoning and the Director of Parks andRecreation serve as permanent non-voting members of the Board. Resumes should besubmitted 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 theMayor and appointments will be made at the regularly scheduled City Council meetingon July 21, 2014 at 6: 00 p.m. at City Hall. Please contact Jim Narey, Director ofPlanning and Zoning, at 851- 2500 with any questions.

  • GRANDCHILD OF THE FOREST

    My grandfather, Herbert C. Rule, came to Arkansas with his wife, Idazora, in the mid- 1890's fromeastern 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 itsearly days until his untimely death from tuberculosis in 1905 at the tender age of 38. A few years latermy gritty, widowed grandmother moved with her three young children to Little Rock where she livedin the still-standing Abeles Apts in the 1400 block of Louisiana. She became a pillar of the communityas a founder of the Women's City Club, the first woman on the AR Women's Prison Bd and a Sundayschool 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 Forestrywhich led to the pioneering implementation of progressive re-forestation policies. Previously,lumbermen clear cut the plentiful southern yellow pine forest land and moved on. Crossett Lumberdecided that re- forestation was a wiser use of resources and a more efficient guarantee of profit. Partlyas a by-product of this relationship, my uncle, father, older brother, a cousin, a nephew and myselfattended Yale College. During the Great Depression my uncle and dad opened a furniture store at 7thand Arch with part of their 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 startdropping the autumn crop; later the joy of harvesting and eating more of them than my big brother. Mymother was a serious gardener so we were surrounded by lovely spring-flowering trees I would helpcare for. During frequent summer droughts they required special attention. During graduate schooldays in California in the 60's I became an avid tree- hugger and worshiped as frequently as possible insacred, 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 ridgeoverlooking the south shore of Greer's Ferry Lake. Though never built upon( and now compromisedby nearby fracking activity), I have spent countless hours there, inspired by the incredible view overthe lake and carefully tending and pruning the numerous and varied arborial inhabitants that frame it.

    Thru the ensuing years, until 2006 I owned homes in Little Rock's historic Quapaw Quarter, Hillcrestand Kingwood neighborhoods. The appearance and enjoyment of all, I can say immodestly, wereenhanced 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 locatedunderneath an imposing 75- 100 year old oak. To satisfy her burial wishes and plan for the future, itmade 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 itslongevity. Not long after my sister's burial and later visitations I began to question the validity of thatassessment. I looked around and saw many of the great trees in the cemetery dead or dying most withtombstones marking burials right up to the trunk of the tree. Having moved to a condo in Maumelle' sFairway Woods in the fall of 2006, to be closer to, and hopefully finally build at, Greers Ferry andhaving taken a tree care class by Pete Bausch, I asked him to assess the grave/tree situation atRoselawn. His conclusions( attached) confirmed my concerns.Last week, after years of wrangle, Roselawn refunded a large portion of the original purchase price ofthe plots and took back others near the base of the tree that were also legally designated for use ascremains only in perpetuity.

    A proud old post oak, symbol of the Tree of Life, now has a better chance to live out its natural lifeguarding and shading the remains of Idazora, Herbert, Jr., Uncle John, cousin Bill, numerous otheraunts, uncles, cousins and no doubt those of my brother and me all ofwhom were/are and willcontinue to be nourished and significantly sustained by my grandfather' s investment of self andresources 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'sMaumelle Heights park from our new residence at 24 Crystal Mt. Dr., I want to do what I can at age 71to make sure that its trees are well cared for and that all Maumelle trees get the ongoing attention theydeserve as one of our community's greatest natural resources.

    This summer I watered the dogwood at Lake Willastein for a week and have taken part in other parkactivities and rehabs over the years. Terry Jones has recommends my Tree Board application asPresident of the Friends of Lake Willastein( [email protected]). My next door neighborat Fairway Woods, Burch Johnson, former mayor of Maumelle and present city board member, alsosupports my application( [email protected]). I also get a nod from Pete Rausch, arboristextraordinaire, whose business is based in Maumelle( [email protected]).

    So, please accept this as an application for a position on the Maumelle Tree Board. I will be happy toprovide you with a more formal resume upon request if necessary.

    M y thank,

    ames B. Rule r

    8/ 26/2013

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  • TreeHeakhCare+Mr. James B. Rule37 Fairway Woods CircleMaumelle, AR 72113

    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 ofconcern 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, approximatelysixty feet tall and it' s age is estimated to be between eighty and one hundred ten years. The treeis in very good condition with no major structural defects, though some natural dead branchesare present and should be removed with proper pruning. No sign of disease or insect pests werenoted. 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, asindicated in the plot diagrams provided, would put excavation as close as one foot to the base ofthe tree. Any further excavations would extensively sever and damage the roots of the large tree.The root severing would disconnect the flow of water and nutrients to the tree. As a result ofroot damage of this type, the typical response ofa tree is death at the branch ends, progressinginwards towards the main trunk over a period of one to three growing seasons. Depending onhow many roots are severed, death of the tree could occur within this time. Another concernwith roots being severed close to the trunk is a significant reduction in stability and the clearpotential for this tree to fail at the ground level and fall, likely causing damage to nearby gravesand possible personal injury.

    In my opinion, this large, mature tree would likely succumb to dieback, death or windthrow ifany additional excavations are made within one to ten feet of it' s base. I have included someinformation for you to reference. Please feel free to contact me at any time should you havequestions or require further information.

    Best Regards,

    Peter RauschForester, Certified ArboristTree Health Care, LLC

    Tree Health Care, LLC16 Chicot Dr., Maumelle, AR 72113, 501-837-1212, www.treehealthcare.net

  • SETTLEMENT AGREEMENT

    This SETTLEMENT AGREEMENT ( 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 LotNo. 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 thesum of Nine Thousand and No/ 100 Dollars ($ 9,000.00), as evidenced by the Warranty Deedattached 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 andsufficiency 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 inLot No. 68 for the sum of Four Thousand Dollars ($ 4,000.00). The parties also agree thatGrave Space Nos. 5, 6, 7, 8, 9 and 10 in Lot No. 68 will only be used for burial of cremationashes so long as the tree shown on attached Exhibit " 2" is alive pursuant to current depth andspacing regulations for cremation permitting 2 cremation graves per Grave Space withdimensions 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 asExhibit " 3" hereto contemporaneously with receipt of the payment of$4,000.00 by Roselawn.

    3) Integration Clause

    This Agreement represents and contains the entire agreement and understanding amongthe Parties with respect to the subject matter of this Agreement, and supersedes any and all priororal 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 reliedupon by the Parties unless incorporated herein. This Agreement may not be amended ormodified except by an agreement in writing signed by the party against whom the enforcementof any modification or amendment is sought.

    4) Miscellaneous

  • Each party has reviewed this Agreement and accordingly the normal rule of construction to theeffect that any ambiguities are to be resolved against the drafting party shall not beemployed in the interpretation of this Agreement.

    It is understood and agreed that this Agreement is a compromise settlement of amisunderstanding and that the consideration for this Agreement shall not be construed to be anadmission of liability by Roselawn to the Rules or any other person or association or corporationwhatsoever.

    5) Counterparts

    This Agreement may be executed in any number of counterparts of which together shallbe deemed to be an original, and all of which together shall be deemed one and the sameinstrument.

    IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day andyear first written above.

    Au/14Herbert C. Rule, III

    e2e4mes B. Rule

    Roselawn Memorial Park

    By: 7-17` itv-James M. McHaney, Jr.President

    2.

  • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFMAUMELLE, PULASKI COUNTY, ARKANSAS

    RESOLUTION NO. 2014-30

    A RESOLUTION TO GRANT A CONDITIONAL USE PERMIT TOTHE CITY OF MAUMELLE FOR THE CONSTRUCTION AND OPERATION

    OF A MUNICIPAL FIRE DEPARTMENT

    WHEREAS, The Maumelle Planning Commission conducted a public hearingand 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 Cityof Maumelle, Arkansas; and

    WHEREAS, a motion to recommend approval of the Conditional Use Permitreceived a unanimous vote of all Planning Commissioners in attendance; and

    WHEREAS, According to those provisions of the Maumelle City Code whichgovern the use of lands zoned C2 Town Center Commercial in the City of Maumelle, theCity Council considered the request for a conditional use permit for a municipal andgovernmental use, namely, a municipal fire station.

    WHEREAS, the Conditional Use Permit, as requested, does not adversely affectthe character of the subject property.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

    SECTION 1. The application filed by Mayor Michael Watson, in his officialcapacity as the Chief Executive Officer of the City of Maumelle, seeking a conditionaluse permit for a municipal and governmental use, namely the operation of the MaumelleFire Department, a department of the governmental entity, in a C2 Town Center zone, isapproved. A conditional use permit is hereby granted to the City of Maumelle, ( theprincipal municipal operation of which is located at 550 Edgewood Drive, Suite 590, inMaumelle, Arkansas, 72113), to construct and operate a fire station on that parcel of C2Town Center Commercial property located on Club Manor Drive, northwest of theintersection of Odom Boulevard and Club Manor Drive in Maumelle.

    SECTION 2. The Council approves the application as presented ( including theSite Plan approved by the Planning Commission) and fully incorporates the applicationand approved plans herein as if set forth word for word by attaching the same hereto asExhibit A.

    Approved this 21st day of July, 2014.

    Michael Watson, Mayor

  • ATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO FORM:

    JaNan Arnold Davis, City Attorney

    SPONSORED BY:

    Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Hogue Johnson NorrisAye:No:

    Page 2 of Resolution 2014- 30

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  • Ci of Maumelleaal, a - aktt Ajb. A

    Application is hereby made to the Maumelle City Council through thePlanning Commission pursuant to the provisions of Ordinance # 61, theMaumelle Zoning Ordinance which was adopted in accordance with therequirements of Act 186 of 1957 Acts of Arkansas petitioning to allowa Conditional Use Permit in the following described area:

    Title to this property is vestedin 7 re.c.rir0.0 Ve4* Ir."?

    Property is zoned: e"-AeIt is desired that a Conditional Use Permit be issued to allow for thefollowing use: r~,e vr 7, -v.,It is understood that notice of the public hearing hereon must bepublished in accordance with the requirements set forth in theinstructions given with this application. It is further understood thatthe cost and - ponsibility of such notice is bore by the applicant.

    a.71,Signature of Applicant bateAddress: -5--s- 0 ce-t-,ee, . 42. / 2. s r 0 A"'" Art- " fr

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    TtiEMA

    June 2, 2014

    Jim Narey, DirectorPlanning and Zoning DepartmentCity of Maumelle550 Edgewood Drive, Suite 590Maurnelle, 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, TownCenter Addition to allow for the construction of a new Fire Station. A repeat, a siteplan, a landscape plan and documents required for a commercial building designwill 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 beplaced on the Planning Commission' s June agenda.

    Please contact me if you need any further information.

    Sincerely,

    Michael atsonMayor

    la 550 EDGEWOOD DRIVE / SUITE 590 / MAUMELLE, ARKANSAS 72113501) 851- 2500 FAX(501) 851- 6738

  • ZONING SUMMARYCONDITIONAL USE PERMIT

    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

    EXISITING ZONING: C- 2( Town Center)

    LEGAL DESCRIPTION: See boundary survey

    LOCATION: Intersection of Club Manor Drive and Odom Boulevard.

    SITE CHARACTERISTICS: undeveloped flat tract

    EXISITING LAND USE: Commercial

    ABUITING LAND USE AND ZONING:

    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 commercialdistrict)

    WEST: Land Use" OS"( open space)&" SFD"( single family detached)Zoning" OS"( open space)&" R- I"( single family residential)

    ZONING HISTORY: No recent re- zoning requests on file.

    Page 1 of 2

  • ZONING ANALYSISConditional Use

    DEMAND: As existing fire station at Millwood Circle is being phased out second fire stationwas needed to complete city coverage.

    CONFORMANCE WITH MUNICIPAL PLANS: ( See analysis and summary)

    ENVIRONMENTAL IMPACT: None noted

    NEIGHBORHOOD POSITION: Two public responses, one negative, one positive.

    PUBLIC SERVICES: Will provide increased fire, rescue, and emergency response to the southside of Maumelle.

    PUBLIC FINANCES: Proposed fire station to be financed through a bond project.

    LEGAL CONSIDERATIONS/ REASONABLENESS:

    QUALITY CONTROLS:

    TRAFFICE AND STREET RIGHT-OF- WAY: Adequate ingress- egress

    ANALYSIS AND SUMMARY: Request by applicant seems quite reasonable. This proposedlocation 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 theMaumelle City Council.

    Page 2 of 2

  • 501 664 3245 501 664.6704 I

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    June 1l3014LOU HMIOVotona Cityaors

    Mr. Jim NareyDirector of PlanningS5VEd0evood 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 useareas, sidewalks, new street, and quantitative data for the site and development. Also included with thissubmittal 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 ManorDrive 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

  • SITE PLAN REVIEW CHECKLIST& STAFF COMMENTS

    MenneIle Fire Station# 2 June 19, 2014DoesuotComply Complies Samna Staff Review

    Site Plan Submission Requirementso It A site 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 scaleo 13 3. Proposed lot lines if applicableO 13 4. Existing and proposed vehicular and pedestrian circulation systems including streets,

    alleys, walkways, service areas and loading, street parking areas, and all points ofvehicular ingress and egress

    O IXI. 5.. Proposed perimeter treatment of the property, indi