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06 15 2015 Council Packet

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AGENDA REGULAR MEETING CITY COUNCIL CITY OF MAUMELLE JUNE 15, 2015 6: 00 PM CITY HALL 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 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. SPECIAL GUESTS AND ANNOUNCEMENTS Please note that three aldermen have already indicated that they will not be in attendance for this meeting. 4. APPROVAL OF MINUTES—JUNE lst REGULAR MEETING 5. PUBLIC COMMENT 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 of the Mayor. 6. FINANCIAL STATEMENT REVIEW (second meeting of each month) 7. PROCEDURAL MOTION 8. UNFINISHED BUSINESS A. Third Reading Ordinance 882 Regarding Community Service Fee Aldermen Mosley, Lewis, Scott, Holt With no objections, Mayor Watson may call for the third reading of the ordinance reducing the Community Service Fee. A MOTION IS IN ORDER. B. Third Reading Ordinance 883 Regarding Pulaski County' s PACE Program Mayor Watson With no objections, Mayor Watson may call for the third reading of the ordinance to provide that the City of Maumelle shall join the Pulaski County Energy Improvement District. A MOTION IS IN ORDER.
Transcript
  • AGENDAREGULAR MEETING

    CITY COUNCILCITY OF MAUMELLE

    JUNE 15, 20156: 00 PM

    CITY HALL

    1. CALL TO ORDER

    2. INVOCATION AND PLEDGE OF ALLEGIANCE

    The City of Maumelle welcomes people of diverse cultures and beliefs. Any religiousviewpoint 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

    Please note that three aldermen have already indicated that they will not be in attendance for this meeting.

    4. APPROVAL OF MINUTESJUNE lst 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. Third Reading Ordinance 882 Regarding Community Service Fee Aldermen Mosley, Lewis, Scott, HoltWith no objections, Mayor Watson may call for the third reading of the ordinance reducing theCommunity Service Fee. A MOTION IS IN ORDER.

    B. Third Reading Ordinance 883 Regarding Pulaski County' s PACE Program Mayor WatsonWith no objections, Mayor Watson may call for the third reading of the ordinance to provide that theCity of Maumelle shall join the Pulaski County Energy Improvement District. A MOTION IS INORDER.

  • C. Resolution 2015- 15 Amending the 2015 General Fund Budget Mayor WatsonWith no objections, Mayor Watson may call for the reading of the resolution amending the 2015 GeneralFund Budget to pay taxes on the land purchased at Club Manor and Odom South. A MOTION IS INORDER. ( Deferred from 4/ 20/ 15)

    9. NEW BUSINESS

    A. Resolution 2015- 24 Approving a Conditional Use Permit& Preliminary Development Plan Mayor WatsonWith no objections, Mayor Watson may call for the reading of the resolution granting a conditional usepermit to DL Rogers Corp for the construction and operation of a Sonic Dive In and approving apreliminary development plan and landscape plan. A MOTION IS IN ORDER.

    B. Resolution 2015- 25 Regarding Intent of the City Council Regarding the Issuance of Bonds Mayor WatsonWith no objections, Mayor Watson may call for the reading of the resolution expressing the intent of theMaumelle City Council regarding the issuance of bonds for the purpose of assisting the financing of anindustrial facility. A MOTION IS IN ORDER.

    10. MAYOR' S COMMENTS

    A. Coverage on EEOC Settlement

    B. Maumelle Water Management Rate Increase Tentative Timeline

    11. PLANNING COMMISSION REPORT (following each PC meeting)

    12. ALDERMEN' S COMMENTS

    13. CITY ATTORNEY' S COMMENTS

    14. CITY CLERK' S COMMENTS

    15. FYI

    A. Planning Commission Liaison for June Alderman Holt

    B. Building Permits Report

    C. Arkansas Baptist Announcement Regarding National Stock Market Competition

    D. MWM Well 13 Letter

    E. Fourth Fest Flyers

    16. ADJOURNMENT

  • MINUTESREGULAR MEETING

    CITY COUNCILCITY OF MAUMELLE

    JUNE 1, 20156: 00 PM

    CITY HALL

    Mayor Mike Watson called the meeting to order at 6: 00 p.m. with eight members present.

    Alderman Vaprersan gave the Invocation and led the Pledge of Allegiance.

    SPECIAL GUESTS AND ANNOUNCEMENTS

    Mayor Watson announced the Maumelle Youth Council Awards for Aaron Woodall and Velimir Petrovic.

    Velimir Petrovic was presented his scholarship check and Kevin Cummings stated that he had been anoutstanding member of the Maumelle Youth Council over the last several years.

    Fred Peyton stated that Kevin Cummings had been a great mentor for the Youth Council students.

    MINUTESMAY 18th, 2015

    Alderman Lewis moved to approve the minutes of the May 18th, 2015 meeting. Alderman Saunders secondedthe motion and it passed unanimously.

    PUBLIC COMMENT

    Rex Jones, of 25 Nimrod Cove, spoke on his views regarding the Code of Conduct. Mr. Jones stated that thecode was aimed mostly at the alderman and should include all government officials. He also stated there wereseveral items that were not included in the code such as; sexual harassment, political solicitation, gifts,purchasing policies and practices, financial disclosures and enforcement. He recommended rescinding the codeof conduct.

    Bev Alberson, of 133 Hibiscus Dr. stated she was concerned with the weeds along the shoreline at LakeWillastein.

    Michael O' Leary, of 142 Beaver Creek Ln, gave several updates in regards to the Charter School. He stated theschool received an A rating in their assessment which put them in the top 15%. He stated the Charter Schoolgraduation had 30 graduates with a combined 1. 8 million dollars in scholarship funds. Mr. O' Leary alsomentioned the groundbreaking for the new cafeteria and classrooms which will be ready for the 2017 schoolyear.

    Alderman Scott stated that the Council needed to address the Code of Conduct and wasn' t sure how we shouldgo about discussing the issue.

    Alderman Lewis stated he would like see further cooperation with our district schools and charter school.

    1

  • PROCEDURAL MOTION

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

    ORDINANCE 877 ENABLING RESIDENTS TO KEEP CHICKENS

    With no objections, Mayor Watson called for the third reading of the ordinance amending the Maumelle CityCode to enable residents to keep a small number of chickens and to provide standards for the keeping ofchickens. The City Clerk gave the reading.

    Rena Pederson, of 109 Harmony Loop, spoke against Ordinance 877 stating there is not enough space inMaumelle.

    David Osborne, of 7 Yellowstone Cove, read a statement from Eric Desjardin in favor of Ordinance 877.

    Amanda James, of 7 Yellowstone Cove, read a statement in support of Ordinance 877 and addressed severalconcerns brought up in opposition.

    Alderman Lewis thanked all who participated and commended those who brought the ordinance forward.Alderman Lewis stated that maybe there could be a community chicken coop.

    Alderman Mosley echoed Alderman Lewis and complimenting Eric Desjardin.Alderman Holt stated that he received 11 emails, 2 in favor and 9 not in favor of Ordinance 877.

    Rita Cavenaugh, with Maumelle Animal Control, answered several questions Alderman Holt had regardingstaffing and animal control responsibilities.

    Alderman Holt stated that he doesn' t want to place the burden of enforcement of this ordinance on animalcontrol.

    Alderman Saunders echoed Alderman Lewis and Alderman Mosley and suggested donating land for acommunal chicken coop.

    Alderman Saunders motioned to approve Ordinance 877. Alderman Lewis seconded the motion and the motionfailed with only Alderman Lewis and Vaprersan voting yes.

    ORDINANCE 881 REGARDING FLOOD DAMAGE PREVENTION

    With no objections, Mayor Watson called for the third reading of the ordinance amending the Maumelle CityCode regarding flood damage prevention, adopting the Federal Emergency Management Agency' s FloodInsurance Rate Map for Pulaski County, Arkansas. The City Clerk gave the reading.

    Alderman Lewis complimented Planning and Zoning and City Attorney Norris for their work on the ordinance.

    Alderman Anderson motioned to approve Ordinance 881. Alderman Scott seconded the motion and it passedunanimously.

    2

  • ORDINANCE 882 REDUCING THE COMMUNITY SERVICE FEE

    With no objections, Mayor Watson called for the second reading of the ordinance reducing the CommunityService Fee. The City Clerk gave the reading.

    Christopher Parent, of 101 Rolling Oaks Drive, spoke in support of our police and firemen.

    Rena Pederson, of 109 Harmony Loop, spoke against Ordinance 882. Ms. Pederson stated this ordinance waspremature. She stated we needed to concentrate on revenue and that any yes vote is a vote against police andfire.

    Alderman Mosley stated that the ordinance does not in any way reduce the police and fire funding.

    Alderman Kelley stated we have no viable funding mechanism to replace the community service fee.

    Alderman Scott stated budgets are presented and approved or disapproved based on merit alone. She stated shewas extremely concerned about taking 80, 000 dollars out of the budget with nothing to replace it with.

    Alderman Mosley suggested increasing building permit fees. He also stated that the City and county sales taxreceipts were already on the upswing. He stated we should concentrate on not busting the budget.

    Alderman Scott stated she would not be opposed to a vote on sales tax.

    Alderman Anderson stated he had concerns about borrowing from our reserves to balance the budget. He alsostated he could not support this ordinance until we could balance the budget with revenues.

    Alderman Lewis stated that there is a responsible way to do this which is to incentivize fiscal responsibility.

    Alderman Vaprersan stated we need to be mindful that we have already promised the fire department money wedidn' t allocate and there would be more coming next year when they have to hire more fire fighters.

    Alderman Kelley noted it costs twenty cents per day for the community service fee per family.

    Alderman Lewis stated that we continue to spend.

    ORDINANCE 883 REGARDING PULASKI COUNTY' S PACE PROGRAM

    With no objections, Mayor Watson called for the first reading of the ordinance to provide that the City ofMaumelle shall join the Pulaski County Energy Improvement District. The City Clerk gave the reading.

    Adam Fogleman, of the Pulaski County Attorney' s Office, noted the handout that was given and brieflydescribed the PACE program. Mr. Fogleman stated that being a part of the program holds no cost or legalliability for the City.

    Alderman Mosley asked who a likely borrower would be. Mr. Fogleman stated industrial or commercialproperties.

    Alderman Mosley asked who bears the loss if a borrower doesn' t pay. Mr. Fogleman stated it would beattached to the property secondary to a tax lien.

    3

  • Alderman Anderson asked what would happen if the project doesn' t meet the standards. Mr. Fogleman statedthere is a performance guarantee prior to approval.

    Alderman Lewis asked where the PACE program began. Mr. Fogleman stated national non-profit and also statelevel with Act 1074 of 2013.

    Alderman Lewis motioned to suspend the rules and execute a second reading of Ordinance 883. AldermanAnderson seconded the motion and it passed with only Alderman Mosley voting no.

    With no objections, Mayor Watson called for the second reading of the ordinance to provide that the City ofMaumelle shall join the Pulaski County Energy Improvement District. The City Clerk gave the reading.ORDINANCE 884 REPEALING ORDINANCE 271 REGARDING WATER RATES

    With no objections, Mayor Watson called for the first reading of the ordinance repealing Ordinance 271regarding water rates. The City Clerk gave the reading.

    Representative Mark Lowery, of 229 Summit Valley Circle, stated it was imperative the City kept theauthority given by Ordinance 271. Representative Lowery stated he is requesting a legislative audit of MWM.

    Alderman Saunders asked how long will the audit take. Representative Lowery stated he was not sure and itdepends on the type of audit.

    George Ritter, of 103 Hibiscus Dr., stated that Maumelle Water Management is asking the City to divest itselfwhile they saddle residents with debt. He urged them to reconsider and noted the Council' s responsibility to theresidents.

    Michael Tierney, of 16 Hornrimme Pl., stated there is a problem with water quality and management at MWM.He stated that MWM needs more oversight, not less.

    Alderman Anderson stated he brought up the ordinance up for discussion and that he had learned a lot, but thatwe may need to look closer before we repeal Ordinance 271.

    City Attorney Norris stated that the Attorney General' s opinion is for a public water authority. He stated hehad read Mr. Ritter' s letter and former City Attorney' s information. He stated that this was not a black andwhite issue but that the City could probably inforce Ordinance 271.

    Alderman Mosley thanked Rep. Lowery and Mr. Ritter. Alderman Mosley asked Mr. Ritter' s opinion aboutfuture litigation.

    George Ritter stated he felt the City could be opening itself up to rate payer action.

    Alderman Mosley noted the history of Ordinance 271 and MWM in 1995.

    Alderman Mosley motioned to table Ordinance 884 indefinitely. Alderman Saunders seconded the motion andit passed unanimously.

    4

  • MAYOR' S COMMENTS

    Mayor Watson stated that there were over 200 people in attendance at the Memorial Day Ceremony. He notedthe Fire and Police departments conducted the ceremony.

    Mayor Watson informed the Council of the storms during Memorial weekend. He stated there were severaltrees down and some loss ofpower.

    Mayor Watson stated the Arkansas river is at flood stage and asked all to be mindful and aware.

    PLANNING COMMISSION REPORT

    Alderman Scott stated Kimberly Clarke submitted a site and landscape plan for their expansion that werepassed. Alderman Scott also mentioned that Sonic will be moving to track D.

    ALDERMEN' S COMMENTS

    Alderman Mosley thanked Mayor Watson for the list of City properties with green space.

    Alderman Lewis invited everyone to the Lions Club Fish Fry June 13, 2015 at 4: 30pm at Lake Willastein.Alderman Lewis noted an upcoming Board of Education meeting on June 11th

    Alderman Scott stated she received a materials list for the citizens fire academy and has been given a third ofwhat is on the list. She thanked Mr. Doug Coney for the donations.

    Alderman Vaprersan offered his thoughts and prayers to Alderman Saunders on his upcoming journey.

    Alderman Holt asked if the Council would be interested in having a workshop in reference to Ordinance 882.He also thanked the Police Department for checking on his home while he was away.

    CITY ATTORNEY' S COMMENTS

    City Attorney Norris stated he has been looking for a parliamentarian to address the Council and to this pointhas been unsuccessful.

    CITY CLERK' S COMMENTS

    City Clerk Clausen stated there are three positions on the Tree Board that will be opening at the end of June.

    5

  • ADJOURNMENT

    Alderman Lewis moved to adjourn the meeting. Alderman Vaprersan seconded the motion and it passedunanimously by all in attendance.

    Mayor Watson adjourned the meeting at 8: 17 pm.

    MAYOR MICHAEL WATSON

    CITY CLERK JOSHUA CLAUSEN

    APPROVEDJune 15, 2015

    6

  • City of MaumelleFinancial Statement Summary

    FOR THE MONTH ENDED MAY 31, 2015

    GENERAL FUNDNonspendable 15, 944CommittedAssigned 192,555Unassigned 5, 418,764Total Fund Balance 5, 627,262

    STREET FUND

    Restricted 3, 744,048AssignedTotal Fund Balance 3, 744,048

    SANITATION FUND

    Retained Earnings 997,753

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

    FOR THE MONTH ENDED MAY 31, 2015

    2015 2015 5 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/BUDGET BUDGET REV BUDGET 5/ 31/ 2015 UNDER) 5/ 31/ 2014 ( UNDER)

    Revenues:

    State Turnback 255,729 255,729 106,554 111, 060 4,506 102, 575 8, 485

    County Millage Tax 1, 880,000 1, 880,000 783,333 1, 030, 341 247, 008 1, 036, 257 5,916)County Sales Tax 3, 510,000 3, 510,000 1, 462,500 1, 537, 731 75, 231 1, 472, 270 65,461City Sales Tax 2, 160,000 2, 160, 000 900,000 928,633 28,633 852, 585 76,048Franchise Fee 1, 550,000 1, 550,000 645,833 687, 108 41, 275 666, 328 20,780

    Community Service Fees 725,000 725,000 302,083 225,421 76,662) 214, 358 11, 063Late& Collection Fees 20,000 20,000 8, 333 6,351 1, 982) 11, 294 4,943)Building Permits and Fees 170, 000 170,000 70,833 72, 820 1, 987 42, 595 30,225Business License Permits 16,500 16,500 6,875 15,515 8,640 14,387 1, 128

    Parks and Recreation Fees 450,000 450,000 187,500 144, 113 43, 387) 168, 182 24,069)Senior Wellness Center Fees 42,000 42,000 17,500 18, 544 1, 044 15, 167 3, 377Animal Control Fees 12, 000 12, 000 5, 000 6, 110 1, 110 5,090 1, 020Municipal Court 210,000 210,000 87,500 92,447 4,947 88, 621 3, 826Police Dept 2,895 2, 895 2, 895Fire Dept 13, 000 13, 000 5, 417 5,417) 7, 126 7, 126)Dispatch Services 26,000 26,000 10,833 13,000 2, 167 19, 500 6, 500)Federal Grants 4,200 4,200 4,200State Grants 55,433 55,433 2,682 52, 751Private Grants 1, 300 1, 300 1, 300Private Donations 100 100 1, 000 900)Investment Income 12, 000 12, 000 5,000 1, 347 3, 653) 3,386 2, 039)Other Financing Sources 39,282 39,282 10,849 28,433Miscellaneous Income 3,574 3, 574 8,450 4,876)

    Total Revenues 11, 052,229 11, 052,229 4,605,095 4,997,325 392,228 4,742,702 254,623

    Expenditures:

    Administration 939,053 943,406 393,086 344, 182 48,904) 335,250 8,932City Council 63,572 63, 572 26,488 22,795 3, 693) 26,070 3, 275)City Attorney 112, 563 112, 563 46, 901 46, 168 733) 16, 113 30,055Court 183, 137 183, 137 76, 307 71, 328 4,979) 88,329 17,001)Police 2, 758,908 2, 848,908 1, 187, 045 1, 083,578 103,467) 1, 083,984 406)Fire 2, 121, 723 2,256,440 940, 183 873,805 66,378) 725, 147 148, 658Animal Control 348,805 348,805 145, 335 108,739 36,596) 107, 754 985Public Works 714,956 745,956 310, 815 219, 131 91, 684) 271, 183 52, 052)Parks 1, 511, 296 1, 514,436 631, 015 483,339 147,676) 482,759 580Senior Services 337,266 342, 111 142, 546 121, 638 20,908) 130, 146 8, 508)CED 202, 129 202, 129 84,220 79, 150 5,070) 85,938 6, 788)Planning& Zoning 152,657 152, 657 63,607 49,526 14,081) 50, 159 633)Code Enforcement 291, 470 291, 470 121, 446 110, 102 11, 344) 101, 744 8,358City Services 1, 242,378 1, 257, 378 523,908 522, 913 995) 513,577 9,336

    Total Operating 10, 979,913 11, 262, 967 4,692, 903 4, 136,394 556,509) 4,018, 153 118, 241

    Capital Expenditures 262,042 537,613 224,006 242, 305 18, 299 1, 220, 179 ( 977,874)

    Total Expenditures 11, 241, 955 11, 800, 580 4,916,908 4,378,699 538,210) 5,238,332 ( 859,633)

    Excess( Deficiency) ofRevenues over Expenditures 189, 726) 748,351) ( 311, 813) 618,626 930,437 ( 495,630) 1, 114,256

    Fund Balance, Beginning of Year 5, 008,636 5, 008,636 2, 086,932 5, 008,636

    Fund Balance, End of Year 4,818,910 4,260,285 1, 775, 119 5, 627,262

    Page 2

  • CITY OF MAUMELLEGENERAL FUND- BALANCE SHEET

    FOR THE MONTH ENDED MAY 31, 2015

    ASSETS

    Current Assets

    Cash 5, 843,250Accounts Receivable, net 848,032Due From Other Funds 2, 118

    Inventory- Court Drug Tests 226Prepaid Expenses 13,600

    Total Current Assets 6,707,226

    TOTAL ASSETS 6,707,226

    LIABILITIES AND FUND BALANCE

    Liabilities:

    Payroll Liabilities 97,610

    Accounts Payable 16,633

    Other Liabilities 965,721Total Liabilities 1, 079, 964

    Fund Balance:

    Nonspendable

    Inventory 226Due from agency fund 2, 118

    Prepaid 13, 600

    Restricted

    Committed

    Assigned to purchase orders 192, 555

    Unassigned 5,418,764

    Total Fund Balance 5, 627,262

    TOTAL LIABILITIES AND FUND BALANCE 6,707,226

    Page 3

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

    FOR THE MONTH ENDED MAY 31, 2015

    2015 2015 5 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/

    BUDGET BUDGET REV BUDGET 5/ 31/ 2015 ( UNDER) _ 5/ 31/ 2014 ( UNDER)Revenues:

    State Turnback 816, 959 816,959 340,400 329,688 ( 10,712) 329,908 220)Street Aid Program 300,352 300,352 125, 147 136, 597 11, 450 130,057 6, 540

    County Millage Tax 560,000 560,000 233,333 298,807 65,474 300,539 1, 732)Street Sign Revenue 2, 000 2, 000 833 7, 169 6, 336 2, 573 4, 596

    Investment Income 19, 000 19,000 7, 917 5, 985 1, 932) 5, 501 484Appropriation from Fund BalanceMiscellaneous Income 4,721 4,721)

    Total Revenues 1, 698,311 1, 698,311 707,630 778,246 70,616 773,299 9,668

    Expenditures:

    Personnel 693, 518 693,518 288,966 249,248 ( 39,718) 264,606 ( 15, 358)Other Operating 423, 878 438,451 182,688 120, 024 ( 62,664) 92,805 27,219

    Total Operating 1, 117, 396 1, 131, 969 471, 654 369,272 ( 102, 382) 357,411 11, 861

    Capital Expenditures 546,000 808,627 336,928 34,648 ( 302,280) 369,311 ( 334,663)

    Total Expenditures 1, 663,396 1, 940,596 808,582 403,920 ( 404,662) 726,722 ( 322,802)

    Excess( Deficiency) ofRevenues over Expenditures 34,915 ( 242,285) 100, 952) 374,326 475,278 46,577 332,470

    Fund Balance, Beginning of Year 3, 369,722 3, 369,722 1, 404,051 3, 369,722

    Fund Balance, End of Year 3, 404,637 3, 127,437 1, 303,099 3,744,048

    Page 4

  • CITY OF MAUMELLESTREET FUND- BALANCE SHEET

    FOR THE MONTH ENDED MAY 31, 2015

    ASSETS

    Current Assets:

    Cash 3, 748,984

    Accounts Receivable, net 128,674

    Total Current Assets 3,877,658

    TOTAL ASSETS 3, 877,658

    LIABILITIES AND FUND BALANCE

    Liabilities:

    Payroll Liabilities 9,417

    Accounts PayableDeferred Revenue 124, 192

    Total Liabilities 133,609

    Fund Balance:

    Nonspendable

    Restricted 3, 744, 048

    Committed

    Assigned to:

    Capital projectsEliminate a projected budgetary deficit

    UnassignedTotal Fund Balance 3, 744,048

    TOTAL LIABILITIES AND FUND BALANCE 3,877,658

    Page 5

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

    FOR THE MONTH ENDED MAY 31, 2015

    2015 2015 5 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/

    BUDGET BUDGET REV BUDGET 5/ 31/ 2015 ( UNDER) 5/31/ 2014 ( UNDER)Revenues:

    Sanitation Fees 1, 050,000 1, 050,000 437, 500 294,545 ( 142, 955) 285, 078 9, 467Late and Collection Fees 30, 000 30,000 12, 500 6,707 5,793) 17, 015 10,308)Cart Rental 18, 000 18,000 7, 500 4,692 2, 808) 4,649 43Sales TaxTransfer Station 25,000 25, 000 10,417 12, 988 2, 571 12, 769 219

    Operating Transfer In 29,878 29,878 12,449 29,689 17, 240 37,347 7, 658)Miscellaneous Income 2, 764 2, 764 25 2,739

    Total Revenues 1, 152,878 1, 152, 878 480,366 351, 385 ( 128, 981) 356,883 5, 498)

    Expenditures:

    Personnel 597, 020 597,020 248, 758 228,314 ( 20,444) 236, 154 7, 840)Other Operating 930,500 961, 354 400,564 144, 714 ( 255,850) 146,551 1, 837)

    Total Expenditures 1, 527,520 1, 558, 374 649,323 373,028 ( 276,295) 382,705 9,677)

    Excess( Deficiency) ofRevenues over Expenditures 374,642) 405,496) ( 168,957) 21, 643) 147, 314 ( 25,822) 4, 179

    Equity, Beginning of Year 1, 019, 397 1, 019, 397 424,749 1, 019,397

    Equity, End of Year 644,755 613, 900 255,792 997,753

    Page 6

  • CITY OF MAUMELLESANITATION- BALANCE SHEET

    FOR THE MONTH ENDED MAY 31, 2015

    ASSETS

    Current assets:Cash 758,976

    Accounts Receivable, net 102,690

    Total Current Assets 861, 666

    Noncurrent assets:Capital Assets 1, 488,099Less Accumulated Depreciation 1, 328,079)

    Total Noncurrent Assets 160,020

    TOTAL ASSETS 1, 021, 686

    LIABILITIES AND EQUITY

    Current Liabilities:Payroll Liabilities 7,753

    Accounts Payable 1, 055

    Sales Taxes Payable 642

    Reserve for Compensated Absences 14, 482Total Current Liabilities 23, 932

    Nonurrent Liabilities:

    Note Payable- First Security Bank

    Total Liabilities 23,932

    Equity:Retained earnings 997,753

    TOTAL LIABILITIES AND EQUITY 1, 021, 686

    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, 252,593

    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 2015

    2012- 12 2014 Court Automation Funds 20, 801

    2015- 14 Barber Cove Drainage project 235,000

    2015- 16 Lake Valencia fishing pier roof/Courts and fire phone repair 9, 0002015- 17 EEOC Mediation 15,000

    2015-20 Establish Fire Battalion Chiefs 40,065

    Total 319,866

    STREET FUND BUDGET RESOLUTIONS PASSED IN 2015

    SANITATION FUND BUDGET RESOLUTIONS PASSED IN 2015

    Page 9

  • A ORDINANCE OF THE CITY COUNCIL OF THE CITY MAUMELLE, COUNTY OFPULASKI, STATE OF ARKANSAS,

    AN ORDINANCE TO BE ENTITLED:

    ORDINANCE NO. 882

    AN ORDINANCE REDUCING THE MAUMELLE COMMUNITY SERVICE FEE, ANDFOR OTHER PURPOSES.

    WHEREAS, the City of Maumelle, pursuant to ordinance, is authorized to collect aservice charge for police and fire protection, known as the " Community Service Fee"; and

    WHEREAS, the City Council has considered various reductions in the CommunityService Fee over the history of the fee; and

    WHEREAS, the City of Maumelle is committed in growing its retail sales tax revenue inplace of conventional residential revenue generating fees; and

    WHEREAS, the City Council believes that a reduction in the fee is appropriate at thistime.

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

    SECTION 1. Intent. It is the City Council' s intent that the Community ServiceFee be eliminated over time for all residences, regardless of type, within the city of Maumelle,Arkansas.

    SECTION 2. Effective January 1, 2016, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.The service charges established pursuant to this chapter are as follows:

    a) Houses and other similar dwelling structures: $6,00 5. 00 per month for fire andpolice security.

    b) Condominiums and apartments: $ 6:00 5. 00 per month for fire and police security.

    SECTION 3. Effective January 1, 2017, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.

  • The service charges established pursuant to this chapter are as follows:

    a) Houses and other similar dwelling structures: $6:08 4. 00 per month for fire andpolice security.

    b) Condominiums and apartments: $6700 4. 00 per month for fire and police security.

    SECTION 4. Effective January 1, 2018, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.

    The service charges established pursuant to this chapter are as follows:

    a) Houses and other similar dwelling structures: $680 3. 00 per month for fire andpolice security.

    b) Condominiums and apartments: $ 6700 3. 00 per month for fire and police security.

    SECTION 5. Effective January 1, 2019, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.

    The service charges established pursuant to this chapter are as follows:

    a) Houses and other similar dwelling structures: $ 6700 2. 00 per month for fire andpolice security.

    b) Condominiums and apartments: $6:00 2.00 per month for fire and police security.

    SECTION 6. Effective January 1, 2020, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.The service charges established pursuant to this chapter are as follows:

    a) Houses and other similar dwelling structures: $6700 1. 00 per month for fire andpolice security.

    b) Condominiums and apartments: $ 600 1. 00 per month for fire and police security.

    Page 2 of Ordinance 882

  • SECTION 7. Effective January 1, 2021, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 3. Service Charges, is hereby amended asfollows:

    Sec. 3. Service charges.The service charges established pursuant to this chapter are as follows:

    I . . - . - .. . .. . -

    security.

    a) Residences shall not be charged a community service fee.

    c) ( b) Commercial establishments: Per month charge will be computedaccording to the formula as follows.

    4) (c) Industries: Per month charge will be computed according to the formulaas follows, plus $2.00 per month for lighting.

    SECTION 8. Effective January 1, 2021, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 4. Payment of Service Charges, is herebyamended as follows:

    Sec. 4. Payment of Service Charges.

    Payment of service charges for new residences, commercial establishments or industries underconstruction or to be constructed shall commence when the building permit is issued.

    SECTION 9. Effective January 1, 2021, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 5. Billing period for previously vacantresidence, commercial establishment or industry, is hereby amended as follows:

    Sec. 5. Billing period for previously vacant denee; commercial establishment orindustry.

    Any new resident, commercial establishment or industry who or which moves into Maumelleshall be billed a pro- rated service charge for the month which shall be dated from the date theresident or business occupied the residence, commercial establishment or industrial propertyunless the residence, commercial establishment or industry was covered by section C- 4 forcharges for new construction.

    Page 3 of Ordinance 882

  • SECTION 10. Effective January 1, 2021, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 6. Unpaid Service Charge, is hereby amended asfollows:

    Sec. 6. Unpaid Service Charge.

    In the event that any service charge is not paid in full within a period of a minimum of threemonths, or one quarter from the time the fee is billed, then in addition to the service charge thereshall be due and owing the City of Maumelle a penalty and late fee as follows:

    b) ( a) Commercial establishments and industries: $ 50.00.

    c-} ( b) A separate, new penalty and late fee in the above amounts shall accrueevery three months, or one quarter of a year, after the service charge and the initialpenalty remain unpaid. - .

    basis unless the agreement is breached by net paying as agreed.

    4) ( c) The City of Maumelle is hereby authorized and directed to impose the latefee on the next bill to the resident or business. Should the account remain unpaid for anadditional period of three months, or one quarter of a year, following the initialimposition of the late fee, the City of Maumelle is hereby authorized and directed to takeappropriate actions for collection. These actions may include, but are not limited to, filinga legal action to collect the fees, utilizing the services of a collection agency, or any othermethod deemed legal and expedient. The mayor may authorize the director of thedepartment of finance or another duly authorized representative or employee of the Cityof Maumelle to designate the method( s) of collection in each case.

    SECTION 11. Effective January 1, 2021, Appendix C. Fees, Article 1. SpecialFees, Division 1. Community Service Fees, Sec. 1. Establishment, is hereby amended as follows:

    Sec. 1. Establishment

    cal Pursuant to the results of a special election before the voters of Maumelle, held onOctober 15, 1985, service charges for police and fire protection and street lighting are herebyestablished for residences, commercial establishments and industries within the city limits ofMaumelle, Arkansas.

    Effective January 1, 2021, pursuant to Ordinance No. 882, the service charges forpolice and fire protection and street lighting shall not be charged to any residences, regardless ofwhether the residence is a house, condominium, apartment, multi-family dwelling in acommercial structure, or other similar dwelling structure.

    Page 4 of Ordinance 882

  • SECTION 12. Except for the changes above all the provisions of Appendix C ofthe Maumelle City Code remain the same.

    SECTION 13. All provisions of this ordinance of a general and permanent natureare amendatory to the Maumelle City Code and the same shall be incorporated in the Code.

    SECTION 14. Repealer. All other ordinances or parts of ordinances in conflictherewith are hereby repealed to the extent of the conflict.

    SECTION 15. Severability. If any clause, sentence, paragraph, section or otherportion of this ordinance is found to be unconstitutional, invalid or inoperative by a court ofcompetent jurisdiction, such findings shall not effect the validity of the remainder of thesesections, nor shall any proceeding invalidating any portion of any section operate to affect anyportion of the remainder of said sections not specifically attacked in said proceeding.

    ORDAINED this day of 2015.

    Michael Watson, MayorATTEST:

    Joshua Clausen, City Clerk/Treasurer

    APPROVED AS TO LEGAL FORM:

    Caleb Norris, City Attorney

    SPONSORED BY:

    Alderman Steve MosleyAlderman Preston LewisAlderman Marion Scott, andAlderman Jess Holt

    Page 5 of Ordinance 882

  • Saunders Anderson Kelley Mosley Lewis Scott Holt VaprersanAye:No:

    Page 6 of Ordinance 882

  • A ORDINANCE OF THE CITY COUNCIL OF THE CITY MAUMELLE, COUNTY OFPULASKI, STATE OF ARKANSAS,

    AN ORDINANCE TO BE ENTITLED:

    ORDINANCE NO. 883

    AN ORDINANCE TO PROVIDE THAT THE CITY OF MAUMELLE SHALL JOINTHE PULASKI COUNTY ENERGY IMPROVEMENT DISTRICT AND FOR OTHER

    PURPOSES

    WHEREAS, pursuant to the authority granted by Act 1074 of 2013 ( codified at ARK. CODEANN. 8- 15- 101 et seq.), Pulaski County created a Property Assessed Clean Energy ( PACE)District known as the Pulaski County Energy Improvement District by Pulaski County Ordinance15- OR- 16; and

    WHEREAS, the City of Maumelle desires to become a member of the Pulaski County EnergyImprovement District pursuant to ARK. CODE ANN. 8- 15- 106 and to be represented on theboard of directors of said district; and

    WHEREAS, the Pulaski County Energy Improvement District is an independent legal andfinancial authority, with the authority to issue bonds; and

    WHEREAS, the Pulaski County Energy Improvement District is authorized to permit thecreation and implementation of, among other things, a Property Assessed Clean Energy ( PACE)Program under which a real property owner may finance an energy efficiency improvement, arenewable energy project, or a water conservation improvement for their property on a voluntarybasis, with loan repayment tied to collection of real property taxes.

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

    Section 1. The City of Maumelle hereby joins the Pulaski County Energy Improvement District.Section 2. The Mayor of the City of Maumelle shall serve, or otherwise designate arepresentative to serve during the Mayor' s term, on the board of directors of the Pulaski CountyEnergy Improvement District.

    Section 3. The City of Maumelle agrees to permit any seats on the board of directors of thePulaski County Energy Improvement District not filled by the County Judge, or his designee, orany Mayor of a city within Pulaski County, or that Mayor' s designee, to be filled, by theappointment of the County Judge and confirmation by the Quorum Court of Pulaski County.Appointment by the County Judge will follow consultation of all members of the Board ofDirectors and consideration of candidates' background, experience, and expertise in the

    following areas:

    Municipal finance, banking, and/or commercial lending;Real estate development and commercial construction;

  • Legal services;

    Architecture and/or professional engineering;The advanced energy industry, including energy efficiency or " green building"contracting and consultation; andConnections to or relations with local utility companies, lending or bondinginstitutions and relevant trade and economic development groups and associations.

    Section 4. Severability. In the event that any portion of this ordinance is declared or adjudged tobe invalid or unconstitutional, such declaration or adjudication shall not affect the remainingportions of this ordinance, which shall remain in full force and effect as if the portion so declaredor adjudged invalid or unconstitutional were not originally a part of this ordinance.

    Section 5. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict withany provision of this ordinance, are hereby repealed to the extent of such conflict.

    Section 6. Codification. It is the intention of the City Council of the City of Maumelle that theprovisions of this Ordinance shall become and be made a part of the City Code of the City ofMaumelle, Arkansas, and that the Sections of this ordinance may be renumbered, re- lettered andthe word" Ordinance" may be changed to " Section," " Article," or such other word(s) or phrase( s)in order to accomplish such intention.

    Section 7. EMERGENCY CLAUSE. The General Assembly has found and determined that theprograms authorized by Act 1074 of 2013 will create jobs, thus stimulating the economy;generate significant economic development through the investment of the proceeds of loans inlocal communities; protect participating citizens from the financial impact of the rising cost ofelectricity produced from nonrenewable fuels; increase the value of real property forparticipating citizens; improve air quality and conserve natural resources, including water; attractmanufacturing facilities and related jobs to the state; and promote energy independence andsecurity for the state and the nation. It is hereby found that this ordinance is immediatelynecessary to support the public peace, safety, and welfare of the citizens of Pulaski County andthe City of Maumelle; therefore, it is hereby declared that an emergency exists and that thisordinance shall be in full force and effect immediately upon approval.

    Approved this day of 2015.

    Michael Watson, MayorATTEST:

    Joshua Clausen, City Clerk/Treasurer

    Page 2 of Ordinance 883

  • APPROVED AS TO LEGAL FORM:

    Caleb Norris, City Attorney

    SPONSORED BY:

    Mayor Mike Watson

    Saunders Anderson Lewis Mosley Kelly Scott Holt VaprersanAye:No:

    Page 3 of Ordinance 883

  • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAUMELLE, PULASKICOUNTY, ARKANSAS

    RESOLUTION NO. 2015- 15

    A RESOLUTION TO AMEND THE 2015 GENERAL FUND BUDGET.

    WHEREAS, property on Club Manor Dr. and Odom South was purchased in 2014,

    WHEREAS, the real estate tax related to this purchase is an expense for the City.

    NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OFMAUMELLE, ARKANSAS, AS FOLLOWS:

    Amend the General Fund Budget:

    Description Account Number Current Revision +1- Revised

    Budget BudgetTaxes 101- 4910-480180 0.00 7, 770 7,770

    General Fund Balance 101- 0000-253200 5,072,986 7,770 5,065,216Unaudited)

    Resolved this 15th day of June 2015.

    Michael Watson, Mayor

    ATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO FORM:

    SPONSOR:Mayor Watson

    Caleb Norris, City Attorney

  • Saunders Anderson Kelley Mosley Lewis Holt Scott VaprersanAye:No:

    Page 2 of Resolution 2015- 15

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

    RESOLUTION NO. 2015- 24

    A RESOLUTION GRANTING A CONDITIONAL USE PERMIT, TO DLROGERS CORP FOR THE CONSTRUCTION AND OPERATION OF A SONICDRIVE IN, AND APPROVING THE PRELIMINARY DEVELOPMENT PLANAND THE LANDSCAPE FOR SONIC DRIVE IN FOR MAUMELLE,ARKANSAS

    WHEREAS, The Maumelle Planning Commission conducted a public hearingand meeting on May 28, 2015 to consider a Conditional Use Permit, PreliminaryDevelopment Plan, and Landscape Plan for certain property, zoned Planned CommercialDevelopment ( PCD) and more described below, which is within the City of Maumelle,Arkansas; and

    WHEREAS, motions to recommend approval of the Conditional Use Permit,Preliminary Development Plan, and Landscape Plan each passed with six PlanningCommissioners in favor and one recusal; and

    WHEREAS, the proposed Conditional Use Permit, Preliminary DevelopmentPlan, and Landscape Plan do not adversely affect the character of the subject property orneighboring properties.

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

    SECTION 1. The application filed by Debbie Luther, on behalf of DL RogersCorp, seeking a conditional use permit for the construction and operation of a SonicDrive In in a Planned Commercial Development zone, is approved. A conditional usepermit is hereby granted to DL Rogers Corp, to construct and operate a Sonic Drive In onPCD property located on Tract D Town Center in Maumelle, Arkansas.

    SECTION 2. The application seeking approval of a Preliminary DevelopmentPlan for Sonic Drive In Maumelle, Arkansas, is hereby approved.

    SECTION 3. The application seeking approval of a Landscape Plan for SonicDrive In Maumelle, Arkansas, is hereby approved.

    SECTION 4. The Council approves the application as presented including thePreliminary Development Plan and Landscape Plan and fully incorporates the applicationand approved plans herein as if set forth word for word by attaching the same hereto asExhibits A.

    Approved this 15th day of June, 2015.

  • Michael Watson, MayorATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO LEGAL FORM:

    Caleb Norris, City Attorney

    SPONSORED BY:

    Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Holt Vaprersan ScottAye:No:

    Page 2 of Resolution 2015- 24

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  • City of Moorhenskk c CA* laT101

    Application is hereby made to the Maumelle City Council through the -Planning 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

    T . at VI V: 1 Oa

    I Title to this property is vestedm: 4. - 4-4avis 4trk

    Property isis zoned: ( toIt is desired that a Conditional Use Permit be issued to allow for thefollowing use OftTVE.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 that

    t12, tost and re onsibility of such notice is borne by the applicant.rsiv..,1 iS"--Signature of Applicant bateAddress: 4/104

    one: a a e'

    44 Ad 1.10,A A 1\ AM4 119I1S-Signature of 1, 1 ner bate

    I Address: 51 r 1 pi A k 119181)Phone: C4. 11- 141 t-# 0111

    STAFF US ONLYPlanning Commission Meeting Docketed for, ZQ_jit p.m

    Filing Fee:

    Planning Commission Action: Approved: Denied:_bate:

    City Council Action: Approved: Denied:_Date: Ordinance No:

  • MINUTESREGULAR MEETINGCITY OF MAUMELLE

    PLANNING COMMISSION

    May 28, 20156: 30 PM

    CITY HALL

    COMMISSION MEMBERS PRESENTJohn ToddMike Fisher

    Hall RamseyDavid GershnerAdrian GreeneRoy AndrewsCraig Johnson

    COMMISSION MEMEBERS ABSENT

    STAFF MEMBERS PRESENTJim Narey, Planning DirectorCaleb Norris, City AttorneyLawren Aycock, Project Coordinator

    OTHER STAFF MEMBERS ABSENTMizan Rahman, City EngineerDwight Pattison, Planning Consultant

    Chairman Fisher called the regular meeting of the Maumelle Planning Commission to order at 6: 30 pm.

    ANNOUNCEMENTSNone

    APPROVAL OF MINUTES FOR April 23, 2015

    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 Johnson seconded the motion and the motion passed unanimously.

    PUBLIC COMMENT Chairman Fisher opened public comment at 6: 31pm.

    OLD BUSINESSThere was no old business

    NEW BUSINESS

  • Page 2

    1. Revised Site Plan for Kimberly Clark

    Mr. Narey stated the tract had never been final platted and that submission will be on theagenda for the June 2015 Planning Commission meeting. Mr. Narey also stated, after asecond Staff review, Staff recommend for approval contingent upon satisfaction of allStaff comments and any Commissioner comments.

    Commissioner Andrews asked how many parking spaces were on the proposed Site Plan.

    Mr. Narey stated there were more parking spaces than are required by Code.

    MOTION: Commissioner Johnson made a motion to approve the revised Site Plan forKimberly Clark contingent upon satisfaction of all Staff andCommissioner Comments.Commissioner Andrews seconded the motion and the motion passed

    unanimously.

    2. Revised Landscape Plan for Kimberly ClarkMr. Narey stated Staff recommend for approval.

    MOTION: Commissioner Gershner made a motion to approve the revised LandscapePlan for Kimberly Clark.Commissioner Ramsey seconded the motion and the motion passed,unanimously.

    3. Request for a conditional use permit to locate a drive-in restaurant in aPCD zoning district.Mr. Narey stated the request was to locate a drive- in restaurant in a PCD zoning district.Mr. Narey stated he had verbal approval from the City Engineer. Mr. Narey also statedStaff recommends for a" do-pass" recommendation to the Maumelle City Council.

    Commissioner Andrews stated he would recuse himself from the vote.

    MOTION: Commissioner Johnson made a motion to recommend to the MaumelleCity Council a" do-pass" recommendation for the Conditional Use PermitApplication to allow the location of a drive-in restaurant in a PCD Zoningdistrict.Commissioner Todd seconded the motion and the motion passed, 6 infavor, 1 recused.

    4. Preliminary Development Plan for Sonic Drive-InMr. Narey stated Staff recommend for a" do- pass" recommendation to the Maumelle CityCouncil.

    Commissioner Johnson asked applicant' s representative if the connecting drivewaysreflected on the plan were planned to be built as shown.

    Andrew Fuller, applicant' s representative, 2200 North Rodney Parham Little Rock, statedthe plat reflects cross access at the owners request so that it is known in the future thatthey are willing to give access.

  • Page 3

    Commissioner Johnson asked Mr. Fuller if he was intending to curb the driveway accessfor now, or leave it open.

    Mr. Fuller stated they would curb across the driveway access for now.

    Commissioner Ramsey stated he agreed it should be shown on the preliminarydevelopment plan.

    Mr. Fuller agreed to comply.

    MOTION: Commissioner Johnson made a motion to recommend to the MaumelleCity Council a" do-pass" recommendation for the PreliminaryDevelopment Plan for Sonic Drive-In.Commissioner Todd seconded the motion and the motion passed, 6 infavor, 1 recused.

    5. Landscape Plan for Sonic Drive- InMr. Narey stated Staff recommend for a" do-pass" recommendation to the Maumelle CityCouncil.

    MOTION: Commissioner Todd made a motion to recommend to the Maumelle CityCouncil a" do- pass" recommendation for the Landscape Plan for SonicDrive-In.Commissioner Greene seconded the motion and the motion passed, 6 infavor, 1 recused.

    6. Commercial Building DesignMr. Narey stated Staff recommend for approval as resubmitted.

    MOTION: Commissioner Gershner made a motion to approve the CommercialBuilding Design for Sonic Drive- In.Commissioner Greene seconded the motion and the motion passed, 6 infavor, 1 recused.

    PUBLIC HEARING WAS CLOSED AT 6: 44 PM.

    LIASON REPORT

    May 4 Commissioner Gershner- Commissioner Gershner stated there was the thirdreading and passing of Ordinance 875, the second reading of Ordinances 878 and 879, and thefirst reading of Ordinance 881.

    May 18 Commissioner Todd Commissioner Todd stated there were the third reading andpassing of Ordinance 878, and the second reading of Ordinance 881.

    MOTION: Commissioner Todd made a motion to adjourn the meeting.Commissioner Andrews seconded the motion and the motion passed

    unanimously.

    The meeting was adjourned at 6: 46 pm.Approved:

    Chairman Mike Fisher, June 25, 2015

  • RESOLUTION NO. 2015-25

    A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITYOF MAUMELLE, ARKANSAS REGARDING THE ISSUANCE OFBONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING OFAN INDUSTRIAL FACILITY TO BE LOCATED WITHIN THE CITY

    WHEREAS, the City of Maumelle, Arkansas ( the " City") is authorized under theprovisions of the Municipalities and Counties Industrial Development Revenue Bond Law,Arkansas Code Annotated 14- 164- 201 et seq. ( 1998 Repl. & 2013 Supp.) ( the " Act"), to own,acquire, construct, reconstruct, improve, equip and lease facilities to secure and develop industryand to assist in the financing thereof by the issuance of bonds payable from the revenues derivedfrom such facilities; and

    WHEREAS, as defined in the Act, " industry" includes manufacturing facilities; and

    WHEREAS, Kimberly-Clark Corporation, a Delaware corporation engaged in themanufacturing and marketing of health, hygiene and safety products, has evidenced its interest inthe construction and equipping of an expansion to its existing industrial facilities (the " Project")located at 500 Murphy Drive within the corporate boundaries of the City if permanent financingfor the Project can be provided through the issuance of revenue bonds under the authority of theAct; and

    WHEREAS, in order to secure and develop industry within the City in accordance withthe provisions of the Act, the City desires to assist Kimberly-Clark Corporation or a subsidiarythereof( the " Company") in the acquisition, construction and equipping of the Project through theissuance of the City' s Not to Exceed $ 68,000,000 Taxable Industrial Development RevenueBonds ( Kimberly-Clark Corporation Project);

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

    Section 1. It is the City' s present intention to assist the Company in the financing ofthe proposed Project through the issuance of industrial development revenue bonds under theauthority of the Act. It is presently estimated by the Company that bonds in the aggregateprincipal amount of approximately $68, 000,000 would be required for this purpose. However,

    the City' s intent is to issue the bonds from time to time, pursuant to the terms of the Act, in suchamount as shall be requested by the Company for accomplishing all or any part of the Project,whether or not such amount is more or less than the above estimate and whether or not thefacilities and improvements finally acquired, constructed and equipped are identical to ordifferent from the facilities presently expected to constitute the Project.

    Section 2. In conjunction with any issuance of bonds to assist in the financing of theProject, the City states its intention to enter into an agreement with the Company providing forannual payments by the Company in lieu of ad valorem taxes in an amount equal to thirty-fivepercent ( 35%) of the aggregate amount of ad valorem taxes that would otherwise be due withrespect to the Project facilities but for the City' s issuance of the bonds. It is the City' s presentintention that said bonds and the corresponding agreement for payments in lieu of ad valorem

  • taxes would have a term of approximately thirty ( 30) years. Any payment made in lieu of advalorem taxes would be distributed to the political subdivisions which would have received advalorem tax payments with respect to the Project facilities in the proportion that the millagelevied by each affected political subdivision bears to the total millage levied by all affectedpolitical subdivisions.

    Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed tothe extent of such conflict.

    Section 4. This Resolution shall be in full force and effect from and after itsadoption.

    Approved this 15th day of June, 2015.

    Michael Watson, MayorATTEST:

    Joshua Clausen, City Clerk

    APPROVED AS TO LEGAL FORM:

    Caleb Norris, City Attorney

    SPONSORED BY:

    Mayor Watson

    Saunders Anderson Kelley Mosley Lewis Holt Vaprersan ScottAye: No:

    Page 2 of Resolution 2015- 25

  • CITY OF MAUMELLE, ARKANSASTAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS

    KIMBERLY- CLARK CORPORATION PROJECT)SERIES 2015

    PROPOSED SCHEDULE OF EVENTS

    June 2015 August 2015S M T W T F S S M T W T F S

    1 2 3 4 5 6 1 2 3 4 Q7 8 9 10 11 12 13 5 6 7 8 9 10 11 4 6 0 814 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 m 14 in21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 m 18 19 20 28 29 30 26 27 28 29 30 31 24 26 28 29

    30 = 1111MIIIIIIN

    Date EventResponsible

    Parties

    By Wed, June 10 Delivery of Inducement Resolution to City Kutak Rock

    Mon, June 15 Adoption of proposed Inducement Resolution by City Council City

    Tues, June 23 Distribution of Bond Document drafts Kutak Rock

    Publish Notice of Public Hearing and send letters to PulaskiAt least 10 days prior County Special School District Superintendent and Chief Fiscal Kutak Rock

    to July 6 Officer of State

    Tues, June 30 Comments due on Bond Document drafts CompanyBy Wed, July 1 Delivery of proposed draft Authorizing Ordinance to City Kutak Rock

    Thurs, July 2 Distribution of revised Bond Documents Kutak RockMon, July 6 Public Hearing and Adoption of Authorizing Ordinance City

    Fri, July 10 Publication of Authorizing Ordinance Kutak Rock/City

    Sat, July 11 thru Sun, Referendum period; Final revision of Bond Documents and Kutak RockAugust 9 drafting of closing documentation

    Tues, August 11 Closing All

    CityCity of Maumelle, ArkansasBond Counsel Kutak Rock LLP

    Company Kimberly-Clark Corporation

    4850- 5464-2468. 1

  • 4RK r- d

    June 8, 2015

    Mayor Mike WatsonCity of Maumelle550 Edgewood Dr., Suite 590Maumelle, AR 72113

    Re: Charging Party:oo rn

    EEOC Charge No. - 201 - 00500

    M 0Dear Mayor:

    rEv After reviewing and investigating the circumstances surrounding the above- referenced

    EEOC claim, Amanda LaFever, AML StaffAttorney assigned to this matter, has requested thatwe amend our original coverage decision as outlined in the February 13, 2015 letter. Ms.LaFever used the mediation process offered by the EEOC to negotiate a settlement and avoidlengthy litigation and now requests amended coverage pursuant to the Municipal Legal

    Q Defense Program(" Program"). Specifically, it is our understanding that the City ofMaumelleis requesting coverage for the City.

    V0 MC14 The Program will extend coverage to the City ofMaumelle pursuant to paragraph 3( d)

    of the enclosed brochure which states as follows:

    11In cases involving wrongful termination or harassment ofan official

    o or employee, including ' constructive discharge' of an official or0 'i

    employee, the Program, after the case is accepted, shall never be liableZ for more than fifty percent ( 50%) of any judgment for

    co compensatory/actual damages, settlement monies, court costs and/orar " attorney fees."M

    t

    mM Please feel free to contact me to discuss this process or any other questions youmay have.

    Sincerel ,

    Don A. ZimmermanExecutive Director

    Little Rock Mayor Mark Stodola, President Batesville Mayor Rick Elumbaugh, First Vice President Blytheville Mayor JamesSanders, Vice President, District 1 Searcy Mayor David Morris, Vice President, District 2 Russellville Mayor Bill Eaton, VicePresident, District 3 De Queen Mayor Billy Ray McKelvy, Vice President, District it Executive Director Don A. Zimmerman

  • DAZ/jtaEnclosurescc: Caleb Norris, City Attorney

  • yt T 3r'. a.

    y

    c ^

    rte.-js' 3'h tF 1^ bT

    June 8, 2015

    Mayor Mike WatsonCity of Maumelle550 Edgewood Dr., Suite 590Maumelle, AR 72113

    Re: Charging Party:co

    EEOC Cho.arge N 3- 2 - 00499el 0

    o _...7. Dear Mayor:

    r L

    Lo 0 After reviewing and investigating the circumstances surrounding the above-referenced3 EEOC claim, Amanda LaFever, AML StaffAttorney assigned to this matter, has requested thatN3 we amend our original coverage decision as outlined in the February 13, 2015 letter. Ms.

    LaFever used the mediation process offered by the EEOC to negotiate a settlement and avoidlengthy litigation and now requests amended coverage pursuant to the Municipal LegaltY .Defense Program(" Program"). Specifically, it is our understanding that the City ofMaumelle

    O is requesting coverage for the City.V

    to M The Program will extend coverage to the City ofMaumelle pursuant to paragraph 3( d)0 O of the enclosed brochure which states as follows:

    1In cases involving wrongful termination or harassment

    a of an official or employee, including 'constructiveO discharge' ofan official or employee, the Program, afterZ

    the case is accepted, shall never be liable for more thanco fifty percent ( 50%) of any judgment for

    oaM compensatory/ actual damages, settlementmonies, courtX . costs and/or attorney fees."0 N0

    c)

    Please feel free to contact me to discuss this process or any other questions youoLo may have.CL.

    Sincerely,

    Arr tDon A. Zimmerman

    Little Rock Mayor Mark Stodola, President Batesville Mayor Rick Elumbaugh, First Vice President Blytheville Mayor JamesSanders, Vice President, District 1 Searcy Mayor David Morris, Vice President, District 2 Russellville Mayor Bill Eaton, VicePresident, District 3 De Queen Mayor Billy Ray McKelvy, Vice President, District 4 Executive Director Don A. Zimmerman

  • Executive Director

    DAZ/jtaEnclosurescc: Caleb Norris, City Attorney

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