Maumelle City Code to enable residents to keep a small number of

Transcription

AGENDA
REGULAR MEETING
CITY COUNCIL
CITY OF MAUMELLE
JUNE 1, 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
A. Maumelle Youth Council Awards
1.
Peyton Award(
2. MYC- Peyton
Outstanding Member of the Maumelle
Scholarship— Velimir Petrovic
Youth Council)— Aaron Woodall
4. APPROVAL OF MINUTES– MAY 18th 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
Alderman Vaprersan
Reading Ordinance 877 Enabling Residents to Keep Chickens
With no objections, Mayor Watson may call for the third reading of the ordinance amending the
A. Third
Maumelle City Code to enable residents to keep a small number of chickens and to provide standards for
the
keeping
of chickens.
A MOTION IS IN ORDER.
Mayor
Reading Ordinance 881 Regarding Flood Damage Prevention
With no objections, Mayor Watson may call for the third reading of the ordinance amending the
B. Third
Watson
Maumelle City Code regarding flood damage prevention, adopting the Federal Emergency Management
Agency' s Flood Insurance Rate Map for Pulaski County, Arkansas. A MOTION IS IN ORDER.
C.
Second Reading Ordinance 882 Regarding Community Service Fee Aldermen Mosley, Lewis, Scott, Holt
With no objections, Mayor Watson may call for the first reading of the ordinance reducing the
Community Service Fee. NO ACTION IS REQUIRED.
9. NEW BUSINESS
A. First
Reading
Ordinance 883
Regarding
Pulaski
County' s
PACE Program
Mayor Watson
With no objections, Mayor Watson may call for the first reading of the ordinance to provide that the City
of Maumelle shall join the Pulaski County Energy Improvement District. NO ACTION IS REQUIRED.
Alderman Anderson
Reading Ordinance 884 Repealing Ordinance 271 Regarding Water Rates
With no objections, Mayor Watson may call for the first reading of the ordinance repealing Ordinance
271 regarding water rates. NO ACTION IS REQUIRED.
B. First
10. MAYOR' S COMMENTS
A. Memorial Day Ceremony
B.
11.
Storms over Memorial Weekend
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
B. Sales Tax Report
16. ADJOURNMENT
Liaison for June— Alderman Holt
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF MAUMELLE
MAY 18, 2015
6: 00 PM
CITY HALL
Mayor Mike Watson called the meeting to order at 6: 00 p. m. with eight members present.
City Clerk Clausen 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.
Mayor Watson read a proclamation in honor of Spay and Neuter Awareness Week.
Mayor Watson announced the 1St place winner of the BDK Dragon Boat race was the City of Maumelle. He
stated that the event was a success.
MINUTES— MAY 4th, 2015
Alderman Saunders
moved
to
approve
the minutes
of
the
May 4th, 2015 meeting. Alderman Holt seconded the
motion and it passed unanimously.
FINANCIAL STATEMENT REVIEW
Tasha Thompson, Finance Director, gave a presentation on the current financials.
Alderman Kelley stated that we were running $52, 000.00 dollars behind in revenue based on the updated
financials. Ms. Thompson stated yes, but that she didn' t expect that to continue.
Alderman Lewis moved to approve the financials. Alderman Saunders seconds the motion and it passed
unanimously.
PROCEDURAL MOTION
Alderman Lewis moved to have all ordinances and resolutions read by title only. Alderman Anderson seconded
the motion and it passed unanimously.
ORDINANCE 877 ENABLING RESIDENTS TO KEEP CHICKENS
With no objections, Mayor Watson called for the second reading of the ordinance amending the Maumelle City
Code to enable residents to keep a small number of chickens and to provide standards for the keeping of
chickens. The City Clerk gave the reading.
Arland Lyons, of 10 Wabash Cove, spoke against Ordinance 877 stating chickens could carry health concerns
such as the bird flu. Mr. Lyons noted concerns of odors, predators, pests, noise and abandonment.
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Allan Crump, of 11 Wabash Cove, spoke against Ordinance 877 stating his agreement with most of Mr. Lyons
comments. He stated that if you want chickens you should move to the country.
John Bowman, of 89 Oak Forest Loop, spoke in favor of Ordinance 877 stating that there should only be a
maximum of 5 chickens. Mr. Bowman also stated that owning urban chickens would not be like a factory farm
with all the noise, odor and other concerns.
ORDINANCE 878 AMENDING MAUMELLE LAND USE PLAN
With no objections, Mayor Watson called for the third reading of the ordinance amending the current Land use
Plan changing 9.459 acres of Tract 2, Part of the NE1/ 4 Section 9 Township 2 North, Range 13 West from SUR
to COMM. The City Clerk gave the reading.
Alderman Lewis motioned to approve Ordinance 878. Alderman Vaprersan seconded the motion and it was
passed unanimously.
ORDINANCE 879 AMENDING MAUMELLE ZONING MAP
With no objections, Mayor Watson called for the third reading of the ordinance amending the current Zoning
Map rezoning 9.459 acres of Tract 2, part of NE1/ 4 Section 9 Township 2 North, Range 13 West from PRD to
PCD. The City Clerk gave the reading.
Alderman Scott motioned to approve Ordinance 879. Alderman Lewis seconded the motion and it passed
unanimously.
ORDINANCE 881 REGARDING FLOOD DAMAGE PREVENTION
With no objections, Mayor Watson called for the second reading of the ordinance amending the Maumelle City
Code regarding flood damage prevention, adopting the Federal Emergency Management Agency' s Flood
Insurance Rate Map for Pulaski County, Arkansas. The City Clerk gave the reading.
PUBLIC FACILITIES BOARD APPOINTMENT
Alderman Anderson motioned confirm Mayor Watson' s appointment of Tony Wilson to the Public Facilities
Board for a term ending in May, 2020. Alderman Scott seconded the motion and it passed unanimously.
RESOLUTION 2015- 18 ESTABLISHING A CODE OF CONDUCT FOR ELECTED OFFICIALS
With no objections, Mayor Watson called for the reading of the resolution establishing a code of conduct for
elected officials in the City of Maumelle. The City Clerk gave the reading.
Alderman Vaprersan gave a brief statement on having a code of conduct for elected officials to instill
confidence with residents.
Alderman Kelley stated he totally supported the resolution, but asked if there could be language added about
workshops. Alderman Kelley stated two weeks ago there was a workshop scheduled with only 4 alderman
present and about 2 days' notice.
City Attorney Norris stated the workshop met the notice requirement of our current code.
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Alderman Kelley stated an ordinance was developed from the workshop and four alderman didn' t have a voice.
Alderman Vaprersan stated a letter was sent to the Mayor with the wording " we the Council" attached to it and
he was not part of drafting it.
Mayor Watson read Section 2 item A from City Code.
Alderman Kelley stated he asked to postpone the workshop so he could attend. He also stated that there was no
public input.
City Attorney Norris stated this could be addressed in a separate ordinance.
Alderman Holt stated that he agreed with Alderman Kelley, but he believes he didn' t do anything wrong.
Alderman Holt suggested a class be taught on parliamentary procedure.
Alderman Scott stated the issue with the letter was her fault. She stated that in the workshop they discussed a
list of questions on the status of the bond projects and in her haste to draft the letter, she included the entire
Council.
Alderman Kelley stated again that the email for the meeting was sent out on a Friday and the meeting was held
on a Monday. Alderman Kelley suggested that these meetings should be held after workings hours so the
public could attend.
Alderman Lewis stated that not all angles may have been considered in organizing the workshop and
apologized. He stated an effort was made for transparency and noted there are still three readings of the
ordinance.
Alderman Saunders states he is strongly in favor of three readings and is in favor of public feedback and in
agreement with Alderman Kelley.
Alderman Mosley agreed with Alderman Lewis and stated they will try to make better accommodations in the
future.
Alderman Saunders asked City Attorney Norris how this code of conduct differs from our current code.
City Attorney Norris stated Section 2 and Section 3 reaffirm the our code and the code of conduct section of the
resolution was additional.
Alderman Saunders stated he has a problem with the Principals of Proper Conduct section and gave several
examples.
Alderman Lewis commended Alderman Saunders and stated that the code of conduct is redundant and that there
is value in good debate
Alderman Vaprersan stated he would like to see the Council be held to a higher standard. He stated he believes
in attacking issues and not people and that is what is happening.
Alderman Saunders asked Alderman Vaprersan if he thinks this document will stop that. Alderman Vaprersan
stated he did not but that it would help and could be used during election time. He also noted the effect he felt
discontent between Council members hindered economic development.
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Alderman Mosely stated he likes the spirit of the resolution and asked if the signatures were necessary for the
resolution. City Attorney Norris stated that was how the Municipal League had drafted it. Alderman
Vaprersan stated it would be okay if they didn' t have the signatures.
Alderman Lewis stated he believes in free speech and also stated that he felt our founding fathers would view
this document as censorship. He stated that disagreements can sometimes get intense.
Alderman Vaprersan motioned to approve Resolution 2015- 18. Alderman Scott seconded the motion and it
passed with only Alderman Lewis voting no.
RESOLUTION 2015- 19 DECLARING THE POLICY OF THE CITY OF MAUMELLE
With no objection, Mayor Watson called for the reading of the resolution declaring the policy of the City of
Maumelle on issued not to be considered in providing services to the public, selecting companies with which
the City contracts and in employment matters. The City Clerk gave the reading.
Roland Robinson, of 27 Belle River Circle, stated he was in favor of Resolution 2015- 19. Mr. Robinson stated
our most valuable employees come from all walks of life and we don' t want to miss opportunities because of
fears of unequal employment. He highlighted others passing similar resolutions.
Alderman Saunders asked what in the resolution was not currently governed by federal, state and City
ordinances. City Attorney Norris stated sexual orientation and gender identity. City Attorney Norris stated this
is a resolution designed to affect the City' s internal policy.
Alderman Saunders pointed to Act 137 and asked how it applied to this. City Attorney Norris stated that this
resolution would not conflict with Act 137.
Alderman Mosley asked what the intent of the resolution was. Mayor Watson stated that we don' t discriminate
now, but this would give the City a written policy on it.
Alderman Mosley asked both the City Attorney Norris and Mayor Watson if they support this resolution and
they both agreed.
Alderman Vaprersan read from Section 2 and asked what would keep a male claiming to be a female from
going into the girl' s locker room. Alderman Scott stated that preventing that wouldn' t be discrimination. City
Attorney Norris agreed with Alderman Scott.
Sam Williams, Maumelle Chief of Police, stated that if there was an issue of the opposite sex in the wrong
dressing area they would be arrested for disorderly conduct and this wouldn' t affect that.
Alderman Saunders motioned to approve Resolution 2015- 19. Alderman Kelley seconded the motion and it
passed unanimously.
RESOLUTION 2015- 20 AMENDING THE 2015 GENERAL FUND BUDGET
With no objections, Mayor Watson called for the reading of the resolution amending the 2015 General Fund
Budget for battalion chief positions in the Fire Department. The City Clerk gave the reading.
4
Chief Ezell gave a detailed background on the lack of a command presence and the need for battalion positions
within the Fire Department.
Burch Johnson, of 38 Fairway Woods Circle, passed out a handout to the Council discussing the reasons he is
against Resolutions 2015- 20 and Resolution 2015- 21.
He stated the City was ignoring financial issues and the
hiring of three firefighters last year. He asked when this would end.
Alderman Mosley asked if we were promoting within the fire department and not hiring new fire fighters and
Chief Ezell said yes. Alderman Mosley stated he would be voting no on both resolutions simply from a
budgetary standpoint. Chief Ezell stated he understood, but he was looking at this from the safety side.
Alderman Saunders asked how we are changing the situation by upping the pay grade and not upping the
amount of fire fighters. Chief Ezell stated the battalion chief would not be fighting fires, they would be in
charge of the fire scene.
Alderman Lewis asked if we did this now, would 3 more fire fighters be needed in 2016. Chief Ezell stated yes,
but at that point he would apply for a SAFER Grant. Chief Ezell stated a SAFER Grant covers the additional
staff for 2 years and then on the third year the City would have to start paying the salaries.
Alderman Lewis stated that the promotions could be around a quarter of a million dollar yearly expense when
all told.
Alderman Kelley stated this was not just about budgeting but it was about ISO ratings as well.
Alderman Holt asked to hear from Ms. Thompson on her opinion as to how this would affect the budget. Ms.
Thompson stated that in our current financial position she did not see this as a viable option at this time.
Alderman Vaprersan stated he struggles with this personally. He stated he sees the need, but not the funds.
Alderman Saunders stated this seems to be a staffing problem and not a promotion issue and suggested just
assigning the duty to someone on the scene. Mayor Watson stated that could end up causing overtime
problems. Alderman Kelley stated the battalion chief position would be exempt and not draw overtime.
Alderman Anderson stated we have to trust the Fire Chief.
Alderman Scott motioned to approve Resolution 2015- 20. Alderman Kelley seconded the motion and it passed
with Aldermen Vaprersan, Lewis, Saunders and Mosley voting no and Aldermen Anderson, Kelley, Holt and
Scott voting yes. Mayor Watson voted yes to pass the resolution.
With nno objection,
o sect on, Mayor Watson called for the reading of the resolution amending the
t e
Budget for a Fire Department citizens academy. The City Clerk gave the reading.
2015 General Fund
Alderman Kelley stated it is important that our citizens be educated on how or Fire Department is run and there
is a lot of misinformation.
Chief Ezell stated he put in for a grant to pay for the academy and $ 3, 000.00 should cover the cost in worst case
scenario. Chief Ezell stated he is looking at reaching 80- 100 people per year.
5
Alderman Vaprersan suggested to be mindful we do the same for both fire department and police department.
He suggested taking donations for the academy.
Chief Ezell stated that the $ 3, 000. 00 dollars is a one- time fee for props.
Alderman Saunders stated he would volunteer his time to finding supplies and raising funds for the academy
and suggested postponing the resolution.
Alderman Scott stated she could help with donations of materials.
Alderman Vaprersan stated he would like to hear from state representative Mark Lowery.
Mark Lowery, of 229 Summit Valley Circle, stated that in September of 2015 there will be a new allocation of
General Improvement Fund Grants. Mr. Lowery stated he would be willing to give a grant of$ 5, 000. 00 to be
split evenly between the police department and fire department.
Alderman Kelley motioned to postpone Resolution 2015- 21 until the first meeting in August. Alderman Scott
seconded the motion and it passes unanimously.
RESOLUTION 2015- 22 APPROVING THE DISPOSAL OF CITY SURPLUS PROPERTY
With no objections, Mayor Watson called for the reading of resolution approving the disposal of a refuse body
for the Public Works Department. The City Clerk gave the reading.
Alderman Anderson motioned to approve Resolution 2015- 22. Alderman Kelley seconded the motion and it
passed unanimously.
RESOLUTION 2015- 23 AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT
With no objections, Mayor Watson called for the reading of the resolution authorizing the Mayor to enter into a
lease between the City of Maumelle and Maumelle Water Management for the use of the Maumelle dog park.
The City Clerk gave the reading.
Alderman Saunders
motioned
to approve Resolution 2015- 23.
Alderman Lewis seconded the motion and it
passed unanimously.
ORDINANCE 882 REDUCING THE COMMUNITY SERVICE FEE
With no objections, Mayor Watson may call for the first reading of the ordinance reducing the Community
Service Fee. The City Clerk gave the reading.
Alderman Scott stated this ordinance was not intended to reduce spending on police and fire.
Alderman Kelley stated we need to identify a revenue replacement stream before this should be considered.
Alderman Kelley suggested a vote of the people on a half-cent sales tax increase.
Ms. Thompson
stated expenses of$ 378,
000
were cut
from the budget
Fund to make it balance this year.
6
and we added $
189, 000 from the General
Alderman Kelley stated that this is not consequential amount for the people. He stated we need to do a better
job of educating the people on what this fee is. He stated it was important that the City keep their ISO rating
low to attract businesses.
Judy Keller, Director of Community and Economic Development, confirmed that fire protection was a major
factor in industries locating in Maumelle.
Alderman Lewis stated the revenue has been identified just not realized. Alderman Lewis also stated that low
taxes attract businesses as well. He stated this was an attempt to modernize the way we do things.
Alderman Mosley stated we need to start sticking to the budget better. Alderman Mosley suggested raising
building permit fees as a way to realize more revenue.
Alderman Vaprersan stated when the income goes down and the spending goes up you end up in trouble.
Alderman Kelley stated he thought the workshop was premature would like to have another one where everyone
could attend.
Alderman Saunders stated we need definitive income first before we pass this.
Alderman Lewis stated he is fine with another workshop and that we should give more consideration to
spending. He stated this was reducing the fee slowly and encouraged the Council to commit to it.
Alderman Vaprersan suggested waiting until the first of the year to see where our budget is.
Mayor Watson stated a sales tax may not be the answer because of internet sales. Mayor Watson stated the
Marketplace Fairness Act could be a replacement revenue source but it hasn' t happened yet.
MAUMELLE WATER MANAGEMENT RATE ADJUSTMENT DISCUSSION AND RELATED
HISTORY
Mayor Watson noted a letter asking the Council to repeal Ordinance 271.
Alderman Mosley stated that MSID is a monopoly and they should be regulated. He stated that if they needed a
rate increase they should come to the Council now.
Alderman Anderson
motioned
to draft
an ordinance
to
repeal
Ordinance 271.
Alderman Saunders seconded the
motion and it passed with only Alderman Mosley voting no.
MAYOR' S COMMENTS
Mayor Watson gave the Council a report on the bond projects. Mayor Watson also reminded everyone of the
Memorial Day Ceremony at 10 a.m. on the 25th
ALDERMEN' S COMMENTS
Alderman Lewis noted last week' s millage vote failed. He also pointed to a recent school boundary discussion
as good news for Maumelle.
Alderman Scott stated the White Oak Bayou committee is planning a float trip on the bayou.
7
Alderman Vaprersan stated he would not be able to attend the next Planning Commission meeting and would
be willing to switch with another alderman. Alderman Scott stated she was willing to cover for him.
Alderman Saunders stated he would like to see a group effort for participation for the citizen' s fire academy.
Alderman Anderson
stated
he
will
be
absent
for the June
15th
meeting.
CITY CLERK' S COMMENTS
City Clerk Clausen stated there are three positions on the Tree Board that will be opening in June.
ADJOURNMENT
Alderman Lewis moved to adjourn the meeting. Alderman Saunders seconded the motion and it passed
unanimously by all in attendance.
Mayor Watson adjourned the meeting at 9: 36 pm.
MAYOR MICHAEL WATSON
CITY CLERK JOSHUA CLAUSEN
APPROVED
June 1, 2015
8
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF MAUMELLE,
COUNTY OF PULASKI, STATE OF ARKANSAS,
AN ORDINANCE TO BE ENTITLED:
ORDINANCE NO. 877
AN ORDINANCE AMENDING CITY CODE TO TO ENABLE RESIDENTS TO KEEP A
SMALL NUMBER OF CHICKENS WITHIN THE CITY OF MAUMELLE, TO
PROVIDE STANDARDS FOR THE KEEPING OF CHICKENS, AND FOR OTHER
PURPOSES
WHEREAS, the concept of local sustainability has inspired an interest in backyard food
production and some Maumelle residents have come before the City Council requesting that City
allow residents to keep a small number of chickens; and
WHEREAS, neighboring cities allow residents to keep chickens and have largely done
so without complaint; and
WHEREAS, raising chickens at home can be a great educational opportunity for children
and can provide an affordable, healthy food source for families; and
WHEREAS, the City Council desires to allow residents to keep a limited number of
chickens in a manner that does not adversely impact the surrounding neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MAUMELLE, ARKANSAS,
SECTION 1.
Purpose. The purpose of this ordinance is to provide standards for the keeping of
chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.
The City recognizes that adverse neighborhood impacts may result from the keeping of chickens
as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and
removal, the attraction of predators, rodents, insects, or parasites, and non-confined animals
leaving the owner' s property. This article is intended to create licensing standards and
requirements that ensure that chickens do not adversely impact the neighborhood surrounding the
property on which the chickens are kept.
SECTION 2. Definitions. As used in this Ordinance, the following definitions shall apply:
Chicken means a female chicken( Gallus gallus domesticus).
Coop means the covered house, structure, or room that is required in order to provide
chickens with shelter
from the
weather and with a
roosting
area protected
from
predators.
Enclosure means a fenced ( or wire) area, or pen, enclosed on all sides, including the top,
required in association with a coop in order to provide an outside exercise area for the chickens
free from predators, and of a size that allows for access to a foraging area, sunlight, etc.
Rooster means a male chicken( Gallus gallus domesticus).
SECTION 3. Permit Required.
a)
An annual permit is required for the keeping of any chickens in the City of
Maumelle. The permit year shall be from January 1 through December 31. The
annual permit to keep chickens is personal to the permittee and may not be
assigned.
b)
In the first permit year, no more than twenty- five permits shall be issued. In each
subsequent permit year, more permits may be added at the discretion of animal
services, with a maximum of 50 total permits.
SECTION 4. Fees. The fee for an annual permit to keep chickens is $ 20.00.
SECTION 5. Application for Permit. Every applicant for a permit to keep chickens shall:
a)
Complete and file an application on a form prescribed by Animal Control; and
b)
Deposit the prescribed permit fee with Animal Control at the time the application
is filed.
Any material misstatement or omission shall be grounds for denial, suspension, or revocation of
the permit.
SECTION 6.
Approval of Permit. Animal Control shall issue a permit if the applicant has
demonstrated compliance with the criteria and standards in this Ordinance.
SECTION 7.
Denial, Suspension, or Revocation of Permit. Animal Control shall deny a
permit if the applicant has not demonstrated compliance with all provisions of this article.
A permit to keep chickens may be suspended or revoked by Animal Control or Code
Enforcement where there is a risk to public health or safety or for any violation of or failure to
comply with any of the provisions of this article or with the provisions of any other applicable
ordinance or law.
Any denial, revocation or suspension of a permit shall be in writing and shall include notification
of the right to and procedure for appeal.
Page 2
of
Ordinance 877
SECTION 8.
Appeal. A person appealing the issuance, denial, suspension, or revocation of a
permit by Animal Control or Code Enforcement may file a notice of appeal with the Maumelle
District Court within thirty( 30) days of the decision being appealed.
SECTION 9. General.
a)
Up to six chickens are allowed to reside on an occupied single- family property.
Chickens may not be kept on duplex, triplex, or multifamily propertys.
b)
No ducks, geese, turkeys, peafowl, or male chickens or roosters, or any other
poultry or fowl may be kept under the provisions of this Ordinance.
c)
There is no restriction on chicken species.
SECTION 10. Coop and Enclosure.
a)
The coop and enclosure must be screened from the neighbor' s view, using an
opaque fence or landscape screen. Due to variations in topography and the height
of residences, a coop and enclosure enclosed behind a six foot tall privacy fence
shall be considered screened from the neighbor' s view.
b)
Chickens must be kept in an enclosure or coop at all times. Chickens shall be
secured within the coop during non-daylight hours.
c)
The coop and enclosure shall be clean, dry, and odor-free, and kept in a neat and
sanitary condition at all times, in a manner that will not disturb the use or
enjoyment of neighboring lots due to noise, odor, or other adverse impact.
d)
The coop and enclosure must provide adequate ventilation and adequate sun and
shade. Both the coop and the enclosure must be impermeable to rodents, wild
birds, and predators, including cats and dogs.
e)
A coop shall be provided and shall be designed to provide safe and healthy living
conditions for the chickens while minimizing adverse impacts to other residents in
the neighborhood.
1)
The coop shall be enclosed on all sides and shall have a roof and doors.
Access doors must be able to be shut and locked at night.
2)
The materials used in making the structure shall be uniform for each
element of the structure such that the walls are made of the same material,
the roof has the same shingles or other covering, and any windows or
openings are constructed using the same materials. The use of scrap, waste
board, sheet metal, or similar materials is prohibited. The coop shall be
well-maintained.
Page 3
of
Ordinance 877
3)
The coop shall provide a minimum of three square feet per chickenandbe
of a sufficient size to permit free movement of the chickens.
4)
The coop shall not be taller than 6 feet tall, measured from the natural
grade, and must be easily accessible for cleaning and maintenance.
f)
Coops and enclosures shall only be located in rear yards, as defined in Sec. 94- 1.
For a corner lot or other property where no rear yard exists, a side yard may be
used as long as the setbacks generally applicable in the zoning district are met. In
no case may a henhouse be placed in the front yard.
g)
The coop and enclosure must be a minimum of 10 feet from the rear and side
property line and must be a minimum of 20 feet from any neighboring dwellings.
h)
The enclosure shall be enclosed on all sides, including the top, so that chickens
cannot escape and predators cannot enter the enclosure.
i)
Inspections of the coop and enclosure may be made periodically by Animal
Control Officers or Code Enforcement Officers to ensure compliance with this
Ordianance.
SECTION 11. Odor, Noise, and Other Impacts.
a)
Odors from chickens, chicken manure, or other chicken-related substances shall
not be perceptible at the property boundries.
b)
Perceptible noise from chickens shall not be loud enough at the property
boundaries to disturb persons of reasonable sensitivity.
c)
Chickens are not a nuisance animal per se, but may be if in violation of Sec. 10131. Coops and enclosures are not a nuisance per se, but may be if in violation of
Chapter 38.
d)
The property owner shall take necessary action to reduce the attraction of
predators and rodents and the potential infestation of insects and parasites.
Chickens found to be infested with insects and parasites that may result in
unhealthy conditions to human habitation shall be removed by the Animal Control
Officer.
e)
Chickens must be provided with access to feed and clean water at all times; such
feed and water shall be unavailable to rodents, wild birds and predators. All stored
feed must be kept in a rodent and predator- proof container.
Page 4
of
Ordinance 877
SECTION 12.
Amendment.
Animals; Article I, In General;
The specified portion of Maumelle City Code, Chapter 10,
Section 10- 3( c), Keeping of livestock prohibited; shall be
amended as follows:
Other animals commonly referred to as farm animals, including, but not limited
to, pigs, chickens, goats, sheep and ducks, may only be kept for a period of time
not to exceed 90 days in an adequate space which is located as far as possible
from neighboring homes and with food and water which is adequate enough for
the animal to be maintained in a comfortable, healthy and stress- free manner.
1)
No more than one animal may be kept at a residence pursuant to this
subsection in each calendar year.
2)
Residents keeping an animal pursuant to this subsection should notify the
animal control department of the presence of the animal and provide proof
of the date the animal was acquired or located at the residence.
3)
For purposes of this subsection, female chickens shall not be considered
farm animals.
SECTION 13.
Animals; Article III, Animal Control; Division 1, Generally; Section 10- 81, Definitions; shall be
Amendment.
amended as follows:
Livestock means any animal commonly referred to as a farm animal, including,
but
not
limited to, bovine,
SECTION 14.
Amendment.
porcine,
fowl ( excluding female
chicken), or ratite.
Animals; Article III, Animal Control; Division 3, Nuisance, Hazardous or vicious animals;
Section 10- 131, Nuisance animals; shall be amended as follows:
a)
Owners of nuisance animals shall be subject to a fine as provided in section 10-
45. Nuisance animals are any animals which infringe upon the rights of another
animal or a person, or:
1)
Molest passersby or passing vehicles;
2)
Attack other domestic animals;
3)
Trespass on schoolgrounds;
4)
Are repeatedly at large;
Page 5
of
Ordinance 877
5)
Damage private or public property;
6)
Bark, whines of howl, cluck, or otherwise make noise in an excessive,
continuous or untimely fashion;
7)
Cause fouling of the air by odor and thereby create unreasonable
annoyance or discomfort to neighbors or others in close proximity to the
premises where the animal is kept or harbored; or
8)
b)
Interfere with refuse collection or other service personnel.
For purposes of this section, each day that a violation occurs shall be considered a
separate offense; and if a separate citation is issued for each offense, each such
separate offense may be punished separately.
SECTION 15. All other provisions of Chapter 10 shall remain the same.
SECTION 16. Codification. It is the intention of the City Council of the City of Maumelle that
the provisions of this Ordinance shall become and be made a part of the City Code of the City of
Maumelle, Arkansas, and that the Sections of this ordinance may be renumbered, re- lettered and
Ordinance" may be changed to " Section," " Article,"
in order to accomplish such intention.
the
word "
SECTION 17.
Repealer.
or such other word( s) or phrase( s)
All other ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict.
SECTION 18.
Severability. If any clause, sentence, paragraph, section or other portion of this
ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent
jurisdiction, such findings shall not effect the validity of the remainder of these sections, nor shall
any proceeding invalidating any portion of any section operate to affect any portion of the
remainder of said sections not specifically attacked in said proceeding.
APPROVED this
day
2015.
of
Michael Watson, Mayor
ATTEST:
Page 6
of
Ordinance 877
Joshua Clausen, City Clerk
APPROVED AS TO FORM:
Caleb Norris, City Attorney
SPONSORED BY:
Alderman John Vaprersan
Saunders
Anderson
Kelley
Mosley
Lewis
Holt
Aye:
No:
Page 7
of
Ordinance 877
Scott
Vaprersan
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF MAUMELLE,
COUNTY OF PULASKI, STATE OF ARKANSAS,
ORDINANCE NO. 881
AN ORDINANCE AMENDING THE MAUMELLE CITY
CODE FOR FLOOD DAMAGE PREVENTION, ADOPTING
THE
FEDERAL
AGENCY' S
EMERGENCY
FLOOD
INSURANCE
MANAGEMENT
RATE
MAP
FOR
PULASKI COUNTY, ARKANSAS, AND INCORPORATED
AREAS, EFFECTIVE JULY 6, 2015, AND FOR OTHER
PURPOSES
WHEREAS, in October 1994, by Ordinance No. 242, the City of Maumelle adopted an
ordinance on flood damage prevention; and
WHEREAS, the City desires to update its flood damage prevention code; and
WHEREAS, on April 23, 2015, at a public hearing, a majority of the members of the
Planning Commission approved a motion to recommend adoption of the amendment to the land
use map to the Maumelle City Council; and
WHEREAS,
the City Council has reviewed the recommendations of the Planning
Commission, the recommendation of staff, has obtained facts, statements, and other information
concerning changes to the Maumelle City Code Section 30( Floods) and FEMA' s Flood Insurance
Rate Map ( FIRM) for Pulaski County, Arkansas, and Incorporated Areas, effective July 6, 2013,
and has determined that there is a need to amend the City Code and to adopt the new FIRM.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MAUMELLE, ARKANSAS,
SECTION 1. Amendment. The specified portion of Maumelle City Code, Chapter 30, Floods;
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 31, Definitions; shall be
amended as follows:
Unless specifically defined below, words or phrases used in this article shall be interpreted to give
them the meaning they have in Ordinance have their common usage meaning to give the and4e
give this article its most reasonable application to this Ordinance.
Additional definitions for floodplain management terms can be found at Part §59. 1 of 44 CFR.
44
CFR (
Emergency
Management
and
Assistance — National Flood Insurance
Program
Regulations) Parts 59- 75 contain Federal regulations upon which local floodplain managements
are
based
44 CFR § 65. 12—
contains the section of the Federal regulations which involves revision of flood
insurance rate maps to reflect base flood elevations caused by proposed encroachments.
100 year flood is any flood
with
a
1%
chance of occurring in any given year. The term is
misleading, because of its statistical derivation. A" 100- year flood" may occur many times in any
given 100- year period, or it may not occur at all in 100 years.
500- year flood is any flood
ear
flood this term is
also
with a
0. 2%
misleading
chance of occurring in any given year. As with the 100because
of
its
statistical
derivation. A " 500- ear flood"
may occur many times in any given 500- year period or it may not occur at all in 500 years.
Accessory Structures are structures which are on the same parcel of property as the principle
structure and the use of which is incidental to the use of the principle structure ( such as garages
and storage sheds).
Adverse impact means any negative or harmful effect.
AE or A1- 30 Risk Zones are special flood hazard areas where detailed studies have determined
base flood elevations. AE has replaced A1- 30 in newer flood maps.
AH Risk Zones are special flood hazard areas characterized by shallow flooding with ponding
effects ( where floodwaters accumulate in depressions and linger until absorbed or evaporated).
AO Risk Zones are special flood hazard areas characterized by shallow flooding with sheet flow
where floodwaters flow in a broad, shallow sheet rather than through a narrow channel).
A Risk Zones are special flood hazard areas without detailed studies, where base flood elevations
have not been determined.
Appeal Board means a person or persons specifically designated to render decisions on variance
applications and floodplain management complaints.
Automatic entry and exit of floodwaters means that the water must be able to enter and exit with
no intervening action from a person.
stream that formed the fan becomes unpcdictable and alluvial fan flooding can occur.
Page 2
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Ordinance 881
ding e sheet flow
S- -
A-
. .
-
. -.
a •
A
••
•
30, VE or V.
Base flood is the flood profile used as the basis for the NFIP regulations. The Federal government
has
the 1%
chance flood as the base flood. means the flood having a one percent chance
of being equaled or exceeded in any given year.
selected
Basement means any area of the building having its Beer subgradc ( below ground level) is any
enclosed area that is below grade on all sides.
BFE is the acronym for Base Flood Elevation.
Buoyancy is the upward force exerted by water. Buoyancy can cause underground tanks to float
free and can lift structures off foundations.
Certificates of Compliance are formal documents issued by floodplain administrators certifying
that completed projects comply with the requirements of the local Code.
CFR is the acronym for the Code of Federal Regulations. The Code of Federal Regulations is the
codification of the general and permanent rules published in the Federal Register by the executive
departments and agencies of the Federal Government. It is divided into 50 titles that represent
broad areas subject to Federal regulation. The Federal regulations pertaining to the national Flood
Insurance Program are found in title 44, Emergency Management and Assistance.
Clearing is the act of cutting timber or shrubs from an area
Commercial business park is typically an area of offices or light industrial usage, although retail,
service, or industrial usage is sometimes included in supporting roles. For example, a commercial
business park of office complexes may also include restaurants which service these offices.
Concrete deadman anchors” are heavy steel rods embedded in buried sections of concrete, used
to secure items in place under tension.
Covenant is a clause in a contract that requires one party to do, or refrain from doing, certain things.
A covenant frequently appears as a restriction that a lender imposes on a borrower.
Crawlspace is a type of structural foundation where the space beneath the lowest floor is typically
not deep enough to allow a person to stand and not all four walls are below grade.
Page 3
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Ordinance 881
Critical Facilities include: Governmental facilities that are considered essential for the delivery of
services and crisis management ( such as data and communication centers and key
critical
governmental complexes);
facilities that are essential for the health and welfare of the whole
population ( such as hospitals, prisons, police and fire stations, emergency operations centers,
evacuation shelters and schools);
mass transportation facilities ( such as airports, bus terminals,
train terminals • lifeline
stems
utilit
s
electric . ower and communications s
plants or
or
includin• .
stems •
otable water
wastewater
oil
natural
as
hi• h . otential loss facilities such as nuclear . ower
military installations); hazardous material facilities ( such as industrial facilities housing
manufacturing
or
disposing
of
explosives,
corrosives,
flammable
materials,
radioactive
materials and toxins.
which the flood protection provided by the-entire system would be compromised.
D Zones areas in which the flood hazard has not been determined, but may be possible
Deed restriction refers to a clause in a deed that limits the future uses of the property in some
res sect. Deed restrictions ma im. ose a vast variet of limitations and conditions for exam Ile
they limit the density of buildings dictate the types of structures that can be erected, prevent
buildings from being used for specific purposes or even from being used at all.
Development means any manmade change in improved and unimproved real estate. It , including
includes but is not limited to buildings or othcr structures, mining, dredging, filling, grading,
paving, excavation er drilling operations, or storage of equipment or materials, construction,
reconstruction, or placement of a building, or any addition or substantial improvements to a
building." Development" also includes the installation of a manufactured home on a site, preparing
a site for a manufactured home, or installing/parking a travel trailer. The installation of utilities,
construction of roads,
or
erection
of
bridges,
levees, dams,
excavating, paving,
culverts or similar projects are also "
walls,
or other alterations
developments." Construction
fences; drilling, mining,
or
of
the
ground
surface
are "
filling, dredging, grading,
developments." Storage of
including the placement of gas and liquid storage tanks are " developments," as are
channel modifications or any other activity that might change the direction, height, or velocity of
flood or surface waters. " Development" will normally not include maintenance of existing
materials
drainage ditches, gardening, plowing, planting harvesting of crops, or similar practices that do not
involve filling, grading, or construction of levees.
Development Permit refers to the permit required for placing a" development" in the floodplain.•• _ • • .. •
1::•
the
case of zones
Al
39, AE, A, A99, AO, AEI, B, C, X and D, - - •
Page 4
of
Ordinance 881
- ..• - -: •
•-
•:
•
structures.
Easements are rights or permissions held by one person to make specific, limited use of land owned
by another person.
Elevation Certificate refers to FEMA form 81- 31, which for the purposes of this Code must be
properly completed by a Professional Engineer, Surveyor or Architect licensed to practice in the
State of Arkansas.
Erosion is the process of soil removal by moving water.
Existing Structure means, for floodplain management purposes, a structure which is in place before
any reconstruction, rehabilitation, addition, or other improvement takes place.
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the city.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed( including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Federal Emergency Management Agency, or FEMA, is the Federal agency responsible for
administering the National Flood Insurance Program.
FEMA is the acronym for the Federal Emergency Management Agency.
Fill refers to the placement of natural sand, dirt, soil, rock, concrete, cement, brick or similar
material at a specified location to bring the around surface up to a desired elevation.
FIRM is the acronym for Flood Insurance Rate Map.
Page 5
of
Ordinance 881
s
accumulation or runoff of surface waters from any source.
Flood Fringe refers to the portion of the 100- year floodplain which is outside the floodway ( See
definition of floodway below.)
Flooding events are general or temporary conditions of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters, or from the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (or FIRM) refers to the official flood map of a community on which
FEMA has categorized Special Flood Hazard Areas into risk premium zones. means an official
Flood Insurance
Study ( or " FIS") means is the official report provided by the Federal Emergency
Management Agency. The report It contains flood profiles, floodway tables, engineering methods,
and other descriptive and technical data. water surface elevation of the base flood, as well as the
Flood protection system means these physical structural works f:
Floodplain and f'oodHrenc aura mean refers to any land area susceptible to being inundated by
water from any source. For the purposes of this Ordinance, floodplain refers to the land area
susceptible to being inundated by the base flood. -- . Flood a lain Administrator
refers
to the
communi
official desi. nated in the local Flood Dama• e
Prevention Code as responsible for the Code' s administration.
Floodplain Development Permit is a permit issued by the local Floodplain Administrator and is
required before beginning any development in an area designated as a Special Flood Hazard Area
on the community' s FIRM.
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Page 6
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Ordinance 881
Floodproofing is a combination of structural and nonstructural additions, changes, or adjustments
to structures that reduce or eliminate the risk of flood damage. means any combination of structural
contents.
FloodproofinQ Certificate refers to FEMA form 81- 65, which for the purposes of this Code must
be . ro. erl
corn. leted b
a Professional En. ineer or Architect licensed to • ractice in the State of
Arkansas.
Floodway ( or regulatory floodway) refers to a stream channel and the land to either side of the
stream channel that must remain undeveloped and open in order to allow floodwaters to pass
without increasing the base flood elevation more than a designated height. For the purposes of this
Ordinance, the height is
one
foot ( 1 ft.). Severe restrictions or prohibitions are imposed on
development within the floodway. -
Flow-through openings are openings specifically designed to allow floodwaters to flow into and
out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral
hydrostatic pressure.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding
and ship repair facilities, but does not include longterm storage or related manufacturing facilities.
Grade means the surface of the ground.
Grading means to smooth the surface of the ground, typically with heavy construction equipment.
Highest adjacent grade ( HAG) means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
1) Listed individually in the National Register of Historic Places ( a listing maintained by
the department of interior) or preliminarily determined by the secretary of the interior as meeting
the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the secretary of the interior as contributing to
the historical significance of a registered historic district or a district preliminarily determined by
the secretary to qualify as a registered historic district;
Page 7
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Ordinance 881
Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the secretary of interior; or
4) Individually listed on a local inventory of historic places in communities with historic
3)
preservation programs that have been certified either:
a.
By an approved state program as determined by the secretary of the interior; or
b.
Directly by the secretary of the interior in states without approved programs.
Hydrodynamic forces are the forces and stresses associated with moving water, including impacts
from objects carried in the water.
Hydrostatic floodforces are the forces and stresses associated with standing floodwaters.
Lacustrine Flooding is flooding associated with a lake.
Lateral forces are the horizontal hydrostatic forces associated with standing water. Water exerts
an equal force in all directions, and as little as three feet of standing water can generate sufficient
lateral force to collapse a foundation or wall.
engineering practices.
Lowestfloor means the lowest floor of the lowest enclosed area( including basement). For a typical
slab- on- grade construction, the lowest floor is the top of the first floor of the structure. For a typical
basement foundation construction, the elevation of the lowest floor is the top of the basement floor.
For a typical crawlspace foundation construction, the elevation of the lowest floor is the top of the
first floor of the structure. For a typical split- level construction, the elevation of the lowest floor is
the top of the first living area floor. For a manufactured home installation, the elevation of the
lowest floor will be the bottom of the lowest I- Beam. The garage floor and crawlspaces are not the
lowest floor as long as there are no living areas in the garage and it is used An unfinished or flood
solely for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor provided such enclosure is not
built so as to render the structure in violation of the applicable nonelevation design requirement of
section 60. 3 of the National Flood Insurance Program regulations.
Manufactured home or Structure means a structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when
connected
to the
required
utilities.
The term "
manufactured
recreational vehicle.
Page 8
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Ordinance 881
home" does not include a
Manufactured home park or subdivision means a parcel ( or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum( NGVD) of 1929 or other datum, to which base flood elevations shown
on the city' s flood insurance rate map are referenced.
Mixed Use Structures are structures with both a business and a residential component, but where
the area
used
for business is less than 50% of the total floor area of the structure.
New construction means, for the purpose of determining insurance ratcs floodplain management
S
I
floodplain management purposes, new construction means
structures for which the start of construction commenced on or after the effective date of floodplain
management regulations adopted by the city and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed ( including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the city.
No Adverse Impact principle is a principle of restricting or prohibiting land development that does
harm or" adversely affects" someone else' s property or land.
Nonresidential Structures are structures used only for commercial or public purposes, such as
businesses, schools, churches, etc.
No-Rise Certificates are formal certifications signed and stamped by a Professional Engineer
licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that a proposed development
will not result in any increase in flood levels within the community during the occurrence of a base
flood event.
Piers are columns of masonry or other structural material ( commonly cement blocks stacked up to
su..
ort a manufactured
home
usuall
rectan• ular used to su s s ort other structural members. For
the purpose of this ordinance, piers must be permanent in nature.
Pilings are steel tubes driven to rock or a suitable soil bearing layer and connected to the foundation
of a structure.
Ponding is a flooding effect where floodwaters accumulate in shallow depressions and linger until
absorbed or evaporated.
Page 9
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Ordinance 881
Recreational vehicle means a vehicle which is:
1) Built on a single chassis;
2) No more than 400 square feet or less when measured at the largest horizontal
projections;
3) Designed to be self-propelled or permanently towable by a light-duty truck; and
4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Risk Zones categorize special flood hazard areas into groupings by the specific risk of flooding.
Zones A, AE or Al- 30, AO, and AH are Special Flood Hazard Areas. See " X Risk Zones" in this
section.
Riverine flooding is flooding associated with a river or stream channel.
RV is the acronym for recreational vehicle.
Screw augers are any type of anchor that twists into the soil, typically to a depth of 4 feet or more.
They are not suitable for securing manufactured homes against floodwaters because saturated
grounds often soften and fail to hold the anchor in place.
Section 404 Wetlands Permit is a permit required under Section 404 of the Clean Water Act for
the discharge of dredged and fill material into any surface water of the United States. The US
Army Corps of Engineers issues Section 404 permits.
SFHA is the acronym for Special Flood Hazard Area.
Shallow flooding means a depth of less than 3 feet.
Slab anchors are anchors where the hook of the anchor is wrapped around a horizontal rebar in the
slab before the concrete is poured.
S. ecial
ood hazard areas are
eo• ra. hical areas identified on FEMA flood ma. s as bein. at- risk
for flooding. The maps further categorize these areas into various flood risk zones A, AE or Al30, AH, and AO.
Start of construction
Coastal Barrier Resources Act( PL 97 318)) includes substantial improvement and means the date
the building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/ or walkways; nor does it include
Page 10
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Ordinance 881
excavation for basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
State Coordinating Agency is the agency that acts as a liaison between FEMA and a community
for the purposes of floodplain management. The Arkansas Natural Resources Commission is the
State Coordinating Agency for Arkansas.
Stream channels are depressed natural pathways through which water of any quantity routinely
flows.
Structural development is a development that includes the placement or construction of a structure.
Structure means, for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the
structure
to its :
.
original undamaged state would equal or
exceed 50 percent of the market value of the structure before the damage occurred. In determining
whether substantial damage has occurred, estimators must use standard contractor and materials
costs. There are no exceptions for homeowners who make their own repairs or for discounted or
free raw materials.
Substantial improvement means any reconstruction, rehabilitation remodeling, addition or other
improvement of a structure the cost of which equals or exceed) equaling or exceeding 50 percent
of the market value of the structure before start of construction of the any improvement.
Improvements to correct identified violations of local health, sanitary or safety Codes are not
substantial improvements, regardless of the cost, as long as they are the minimum improvement
necessary to bring the structure up to Code. Alterations to historical structures are also exempted,
as long as the improvement does not affect the structure' s official status of" historical structure."
work performed. The term does not, however, include either:
official and which are the minimum-necessary conditions; or
continued designation as a historic structure.
Uses vulnerable to floods are simply any land or structural uses that may be negatively affected by
a flood.
Variance means a grant of relief to a person from the reemcrnt of this article when specific
Page 11
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Ordinance 881
60. 6
of
the National Flood Insurance Program
regulations.)
is a formal, written permission from
the Appeals Board to construct or develop in a way that is inconsistent with the requirements of
this Code. The variance only deals with this Code— the Appeals Board has no authority to waive
any other governmental requirement, and has no say in the cost of flood insurance.
Violation means the failure of a structure or other development to be fully compliant with the city' s
floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in section 60. 3( b)( 5),
this Ordinance is presumed to be in violation until such time as that documentation is provided.
Watercourse alteration refers to any change that occurs within the banks of a watercourse.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
NGVD)
of
1929 ( or
other
datum,
where
specified),
of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
X Risk Zones are a special group of insurance risk zones. One type, shown as non- shaded areas on
FEMA issued flood maps, indicates a zone where flooding is not expected to occur. The second
type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected
to be affected by the 500- year flood, but not by the 100- year base flood.
II, Flood Damage Prevention; Division 1, Generally; Section 30- 32, Statutory
Article
authorization; shall be amended as follows:
The Legislature
of
the State
of
Arkansas has, in Ark. Coder Ann. §§
14- 268- 101 et seq., x4-
268 102, delegated the responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the city council does ordain the provisions of this Ordinance.
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 33, Findings of Fact;
shall be amended as follows:
fa)
The Federal
Emergency Management Agency ( FEMA) has identified Special
Flood Hazard Areas of the City of Maumelle in the current scientific and engineering report
entitled The Flood Insurance Study ( FIS) for Pulaski County, Arkansas, and Incorporated Areas,
dated July 6, 2015 with an effective Flood Insurance Rate Map ( FIRM) dated July 6, 2015.
b)(
a) The Special Flood Hazard areas of the city are subject to periodic flooding events
that results in loss of life and property, pose health and safety hazards, disruption
of commerce and governmental services, and cause extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public health, safety, and general welfare.
Page 12
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Ordinance 881
c)(
b)
These periodic flooding events flood losses are crcatcd exacerbated by the
floodplain developments which cause an increase
cumulative effect of: :
in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to
placement of inadequately elevated,
inadequately floodproofed or otherwise protected from flood damage unprotected structures or
uses vulnerable to floods into Special Flood Hazard Areas. Such structures or uses are inherently
hazardous to other lands because of their adverse impact on flooding events.
Article II, Flood Damage Prevention; Division 1,
Generally; Section 30- 34, Statement of
Purpose; shall be amended as follows:
It is The purpose of this arti6lc Ordinance is to promote the public health, safety, and general
welfare, to prevent adverse impacts from any floodplain development activities, and to minimize
public and private
losses due to
flooding events in specific areas by identified
Special Flood Hazard Areas. This Ordinance advances the stated purpose through provisions
designed to:
1)
Protect human life and health;
2)
Protect natural floodplains against unwise development;
3)
Eliminate adverse impacts of necessary floodplain development;
2)( 4)
Minimize the expenditure of public money for costly flood control projects;
3)( 5)
Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4)( 6)
Minimize prolonged business interruptions due to flooding events;
5)( 7)
Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplairisSpecial Flood
Hazard Areas;
6)( 81 Help maintain a stable tax base by providing for the sound use and development of
floodprone areas in such a manner as to Minimize future flood blight areas to help maintain
a stable tax base; and
7)
Ensure that Provide for notice to potential buyers are notified that when property is
in a Special Flood Hazard Area.
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 35, Methods of Reducing
Flood Losses; shall be amended as follows:
Page 13
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Ordinance 881
In order to accomplish its purposes, This articleOrdinance uses the following methods to
accomplish the stated purpose:
1)
It restricts or prohibits structures or uses in Special Flood Hazard Areas that are
dangerous to adversely impact health, safety or property during flooding eventsin times of
flood or that cause excessive increases in flood heights or velocities;
2)
be protected against flood damage at the time of initial construction It requires protection
against flood damage for structures or uses vulnerable to floods at the time of initial
construction, or after substantial improvement of the structure, or after substantial damage
has occurred;
3)
It
controls
the
alteration
of
natural
floodplains,
stream
channels
and
natural
protective barriers which are involved in the accommodation and transport of floodwaters;
4)
damage
It
controls
floodplain development (
structural
development,
placement
of
manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill,
excavating,
watercourse
alteration,
drainage
improvements,
roadway
or
bridge
construction, individual water or sewer installations and other activities) which may
increase flood damage by increasing flood elevations, flood water velocities, or flood
discharge patterns; and
5)
Prevent or It regulates the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to adversely impact other lands.
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 36, Lands to which this
article applies; shall be amended as follows:
This article Ordinance shall apply to all areas of Special Flood Hazard Areas within the jurisdiction
of the City of Maumelle.
SECTION 7. Repealed. The specified portion of Maumelle City Code, Chapter 30, Floods;
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 37, Basis for establishing
the areas of special flood hazard; shall be repealed:
y
The areas of special flood kaz-ard identified by t c Federal Emergcny Management Agency in a
floodway maps (FIPA4 and FBFM) and any reams are adopted by reference in this section and
declared to be a part of this article.
Page 14
of
Ordinance 881
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 38, Compliance; shall be
amended as follows:
Constructing, locating, substantially altering or changing_the use of any structure or land after the
effective date of this ordinance requires full compliance with therovisions of this ordinance and
all other applicable regulations.
SECTION 9. Penalty for non- compliance. Flood hazards are reduced by compliance with the
provisions of this code. Accordingly, enforcement of this ordinance discourages non- compliance
and is a recognized mechanism for flood hazard reduction.
The Floodplain Administrator must enforce the provisions of this ordinance and is authorized to
A. Issue cease and desist orders on non- compliant floodplain development projects;
B.
Issue citations for non- compliance;
C. Request that FEMA file a 1316 Action ( Denial of Flood Insurance) against non-compliant
properties; and
D. Take any other lawful action necessary to prevent or remedy any instance of non- compliance
with the provisions of this ordinance.
1)
It is a misdemeanor to violate or fail to comply with any provision of this ordinance.
2)
Any person found, in a court of competent jurisdiction, guilty of violating this ordinance
is subject to fines of not more than $ 500 per day for each violation; in addition the
defendant is subject to payment of all associated court costs and costs involved in the
case.
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 39, Abrogation and
greater restrictions; shall be amended as follows:
This article Ordinance is does not intended to repeal, abrogates or impair any existing easements,
covenants,.or deed restrictions. However, where this article Wherever there is a conflict or overlap
between this Ordinance and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the instrument with the more stringent restrictions shall prevail
applies.
Page 15
of
Ordinance 881
Article II, Flood Damage Prevention; Division 1, Generally; Section 30- 40, Interpretation; shall
be amended as follows:
In the interpretation and application of this article, all provisions shall be:
1)
Considered as minimum requirements;
2)
Liberally construed in favor of the city; and
3)
Deemed neither to limit nor repeal any other powers granted under State statute.
Generally; Section 30- 41, Warning and
disclaimer of liability; shall be amended as follows:
The degree of flood protection required by this awe Ordinance is considered reasonable for
regulatory
purposes
and
is based
on
scientific
and
Documented
enginoerin
scientific and engineering data form the basis for these requirements. On rare occasions, flooding
events greater floods than those considered for this Ordinance will occur. can and will occur and
flood heights may be increased by manmade or natural causes. In addition, flood heights may
increase over time due to man-made or natural causes. This artiele Ordinance does not imply that
land
outside
the
areas of
Special Flood Hazards Areas :
. -
-•••- :
• -•-
. •-
:
will be
free from flooding or flood damages, nor that strict adherence to this Ordinance protects uses
permitted with Special Flood Hazard Areas from all flood damages. This article shall Ordinance
specifically does not create liability on the part of the city or any official or employee of the city
for any flood damages that result from reliance on while strictly following this agile Ordinance
or from any lawful administrative decision lawfully made under this article the provisions of this
Ordinance.
Article II, Flood Damage Prevention; Division 2, Administration and Enforcement; Section 30-
61, Establishment of a development permit; shall be amended as follows:
A Floodplain Development Permit shall be required to ensure conformance with the provisions of
this article. for all structural development, placement of manufactured structures, clearing, grading,
mining,
drilling,
dred
ing,
placement
of
fill,
excavating
watercourse
alteration,
drainage
im. rovements roadwa or brid' e construction individual water or sewer installations or an other
development in a Special Flood Hazard Area to ensure conformance with the provisions of this
Code.
62, Designation of the floodplain administrator; shall be amended as follows:
Page 16
of
Ordinance 881
The Mayor of the City of Maumelle, or his/ her the Mayor' s designee is hereby appointed the
Floodplain Administrator to administer and implement the provisions of this article and other
63, Duties and responsibilities of the floodplain administrator; shall be amended as follows:
a)
Duties and responsibilities of the floodplain administrator shall include but are not limited
to the following:
1)
Maintain . -: - : : : :- -
.. . • •- .
:-
all records and documents pertaining
to the provisions of this articicOrdinance.
2)
Review pewit applications for Floodplain Development Permits to
de
will be reasonably safe from flooding.
a)
Evaluate proposed projects for reasonable safety from flooding;.
b)
Evalute proposed projects for conformance with No Adverse Impact
principles;
Ensure that all other permits necessary ( including Section 404 Wetlands
Permits as required by the Federal Water Pollution Control Act Amendments of
c)
1972, 33 U. S. C. 1334) for proposed projects are obtained from the appropriate
government agency prior to issuing a Floodplain Development Permit; and
d)
Ensure that proposed projects conform to the applicable provisions of this
Ordinance.
3)
Review, Approve or deny all applications for Floodplain Development Permits
required by adoption of this article. on the basis of:
al The proposed development' s compliance or non- compliance with the
provisions of this Code;
The expected flood elevation, flood water velocity, flood duration, rate of rise
and sediment transport of the floodwaters expected at the proposed
development site;
cl The proposed development' s potential to adversely impact life and property
by changing flooding patterns, changing erosion rates, or being swept onto
other lands by flood waters;
Page 17
of
Ordinance 881
The proposed development' s susceptibility to flood damage;
el The proposed development' s compatibility with existing and planned
community development;
The proposed development' s accessibility by ordinary and emergency
vehicles during flooding events;
g)
The anticipated costs of providing governmental services to the proposed
development during and after flooding events, including maintenance and
repair of streets, bridges, facilities and public utilities such as sewer, gas,
electrical and water systems;
1
The proposed development' s functionally dependent use;
The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed development; and
j) The relationship of the proposed use to the comprehensive plan for that area.
4)
section 104 of the Federal Water Pollution Control Act amendmcnts of 1972, 33
USC 1334) from which prior approval is required. Obtain accreditation each year
as required
by
A.C. A. ,
14- 268- 106 through the State Coordinating Agency, which
is the Arkansas Natural Resources Commission.
5)
Interpret the exact location of the boundaries of Special Flood Hazard Areas
whenever a mapped boundary appears to be different from actual field conditions.
The sole purpose of this interpretation is to determinate the applicability of the
provisions of this Ordinance to the proposed project.)
6)
Notify, in riverine situations, adjacent communities and the state coordinating
agency, which is the state division of soil and water conservation Arkansas Natural
Resources Commission, a minimum of 60 days prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal Emergency
Management Agency.
Page 18
of
Ordinance 881
7)
Assure Ensure that the flood- carrying capacity within the altered or relocated
portion of any watercourse is maintained. not diminished, and that the alteration or
relocation does not adversely impact any other lands.
8)
When base flood elevation data has net been provided in accordance with section
30 37,
obtain,
asonably utilize any base flood elevation data and
review and
floodway data available from a federal, state er ether source, in order to administer
the provisions of this division.
Obtain, review and reasonably utilize, whenever the current Flood Insurance Study
or current Flood Insurance Rate Map does not provide base flood elevation data,
any base flood elevation data and floodway data available from any Federal, State
or other source. The Floodplain Administrator may obtain such data by requiring
the applicant to submit it in conjunction with a Floodplain Development Permit
application. ( The
sole use of this data is the administration of the provisions of this
Ordinance.)
9)
be
permitted
within
zones
Al-
3.0 and AE en the city's FIRM unless it is
city.
Inspect floodplain developments as necessary to ensure construction is in
accordance with the application data that formed the basis for the decision to issue
the Floodplain Development Permit.
10)
Administer and implement the provisions of this Code and other appropriate
sections of
44 CFR (
Emergency
Management
and
Assistance -
National Flood
Insurance Program Regulations) as they pertain to floodplain management.
11)
b)
Issue Certificates of Compliance.
Under the previsions of 44 CFR 65. 12 of the National - ...
regulations,
the city nom-approve
certain
development in
zones
Al
- . .,
-
'
..
30, AE, AH, on the
1.'
foot, provided the city first applies fer a conditional FIRM revision through FEMA.
64, Permit procedures; shall be amended as follows:
Page 19
of
Ordinance 881
a)
Application for a Floodplain Development Permit shall be presented to the floodplain
administrator on forms furnished by him or her and may include, but are not limited to,
plans in duplicate drawn to scale showing the location, dimensions and elevation of
proposed landscape alterations, existing and proposed structures, including the placement
of manufactured homes, and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
be-floedproofed.
subsection 30 92( 2).
4)
Description of the extent to which
-
.-
altered or relocated as a result of the proposed development.
6407
on all of the visions of this article and the following relevant factors:
5)
The safety of access to the property •- •---
' :.-
vehicles.
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems.
floodwaters and the effects of wave action, if applicable, expected at the site.
Page 20
of
Ordinance 881
l ---
_
for the proposed use.
b
The documentation re. uired with each A. s lication for a Flood. lain Develo s merit
Permit, and the specific provisions of this Ordinance applicable to the proposed
development, are dependant upon the type of development proposed and the Risk
Zone of the proposed development site. Section 19 of this Ordinance contains
standards for all developments in all Risk Zones. Section 20 of this Ordinance
contains standards for specific development types in specific Risk Zones.
c)
The decision of the Floodplain Administrator to approve or deny issuance of a
Floodplain Development Permit is subject to appeal to the designated Appeal
Board. Within the City of Maumelle, Arkansas, the designated Appeal Board is the
Planning Commission.
65, Variance procedures; shall be amended as follows:
requirements of this article.
regard to the procodures set forth in the remainder of this article.
constructed below the base Aeed level, providing the relevant factors in subsection 30 64(2) have
required for issuing the variance increases.
Page 21
of
Ordinance 881
appeal board may attach such conditions to- the granting of variances as it deems necessary to
further the purpose and objectives of this article( section 30 31).
during the base flood discharge would result.
historic character and design of the structure.
j)
Prerequisites for granting variances are as follows:
minimum necessary, considering the flood hazard, to afford relief.
2)
Variances shall only be issued upon:
a.
Showing a good and sufficient cause;
hardship to the applicant; and
flood heights, additional threats to public safety or extraordinary public
conflict with existing local laws or ordinances.
3)
Any applicant to whom a variance is gri -
5 ... ..
_
..
threats to public safety.
1) Applicants must submit petitions for variances directly to the Appeal Board.
2) Variances may only be issued:
a)
if showing a good and sufficient cause;
Page 22
of
Ordinance 881
b)
granting of the variance will not result in any adverse impact upon other lands;
c)
if granting of the variance will not result in any additional threats to public safety;
d)
if granting of the variance will not result in extraordinary public expense;
e)
if granting
of
the
variance
does
not
create
a
nuisance,
cause fraud on or
victimization of the public, or conflict with existing laws or ordinances;
1)
if granting of the variance will not result in increased flood heights or an increase
in expected flood velocities;
g)
if the requested variance is the minimum necessary, considering the flood hazards,
to afford the necessary relief; and
h)
upon determination that the requested
variance
is necessary to
avoid an
extraordinary hardship to the applicant.
3) Variances may not be issued for developments inside a regulatory floodway unless
a)
all requirements of 44 CFR §65. 12 are first met; or
b)
the following requirements are met:
1.
a No- Rise Certificate signed and sealed by a Professional Engineer licensed to
practice in the State of Arkansas is submitted to document that no increase in
the base flood elevation would result from granting a variance for the proposed
development;
2. protective measures are employed to minimize damages during flooding
events; and
3.
the variance does not result in any adverse impact to other lands.
4) Examples of developments for which variance petitions may be appropriate include but are
not limited to
a)
the new construction of, or substantial improvement to, a structure on a lot of 1/ 2
acre or less in size that is surrounded by contiguous lots with existing structures
constructed below the base flood elevation;
b)
for the reconstruction, rehabilitation or restoration of an historical structure,
provided that:
1.
the proposed repair or rehabilitation will not preclude the structure' s
continued designation as a historic structure; and
Page 23
of
Ordinance 881
2.
the variance is the minimum necessary to preserve the historic character and
design of the structure.
c)
the
new
construction
of,
substantial
improvement to,
or other development
necessary to conduct a functionally dependent use, provided that:
1.
the criteria outlined in Paragraphs ( 3) and ( 4) of Section 17 of this
Ordinance and Section 18 of this Ordinance are met, and
2.
the structure or other development is protected by methods that
minimize flood damages during the base flood and create no
additional threats to public safety.
SECTION 18. Appeal Board.
1) Within the City of Maumelle, Arkansas, the Planning Commission is the designated
Appeal Board.
2) The Appeal Board will consider an appeal only with allegations of an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this Code.
3) Upon consideration of the factors noted in Sections 18 and 19 of this Ordinance, and the
intent of this ordinance, the Appeal Board may attach such conditions to the granting of
variances, as it deems necessary to further the purpose and objectives of this ordinance.
4) A. seal Board decisions are bindin. onl
u. on the requirements of this Ordinance and
have no bearing on the decision of any lending institution to require the purchase of flood
insurance or on the rate determination of such insurance.
5) Any time the Appeal Board issues a variance, it must provide the applicant with a formal
written warning of an increased risk of flood damage due to removal of restrictions
designed to lessen such risks. The notice must also warn of a corresponding increase in
the cost of flood insurance, since the cost of such insurance will be commensurate with
the increased risk.
6) Aggrieved parties may appeal any decision of the Appeal Board to a court of competent
jurisdiction.
Flood Hazard Reduction; Section 30- 91,
General Standards; shall be amended as follows:
Page 24
of
Ordinance 881
I al areas ef spvial flood hazard, The following provisions apply to all developments in Special
Flood Hazard Areas, regardless of the type of proposed development or the Risk Zone of the
proposed site. are required for all new construction and substantial improvements:
1)
All new construction or substantial improvements shall be designed ( or modified)
and adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2)
All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage.
3)
All new construction or substantial improvements shall be constructed with
materials resistant to flood damage.
4)
All new construction or substantial improvements shall be constructed with
service facilities that are designed armor located se as to prevent water from
All critical facilities constructed or substantially improved in Special Flood Hazard
Areas( SFHA) must be constructed or modified to exceed 500- year flood protection
standards or located outside the SFHA.
5)
All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system during base flood events.
6)
The design of all new and replacement sanitary sewer systems shall-be-designed-to
must minimize or eliminate infiltration of floodwaters into the system during
flooding events, and must prevent sewage discharge from the systems into
floodwaters.
7)
The placement of on- site waste disposal systems shall be located to must avoid
impairment to, them or contamination from, the disposal system them during
flooding.
8)
The placement or construction of all new structures must be in full compliance with
the provisions of this Ordinance.
9)
For the purposes of this Ordinance, all mixed- use structures are subject to the more
stringent requirements of residential structures.
10)
A substantial improvement or substantial damage to an existing structure triggers a
requirement to bring the entire structure into full compliance with the provisions of
this Ordinance. The existing structure, as well as any reconstruction, rehabilitation,
Page 25
of
Ordinance 881
addition, or other improvement, must meet the standards of new construction in this
Ordinance.
11)
Any improvement to an existing structure that is less than a substantial
improvement requires the improvement, but not the existing structure, to be in full
compliance with the provisions of this Ordinance.
12)
All manufactured homes to be placed within a Special Flood Hazard Area on a
community' s FIRM shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. his requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. Screw augers or expanding
anchors will not satisfy the requirement of this provision.
13)
14)
The design
location
heating, ventilation, plumbing, and air
conditioning equipment for new structures, or for any improvements to an existing
structure, must prevent water from entering or accumulating within the components
during base flood events.
or
of
electrical,
Construction of basement foundations in any Special Flood Hazard Area is
prohibited.
15
New construction and substantial improvements with full
enclosed areas such as
garages and crawlspaces) below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement and which
are below the base flood elevation shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following
minimum criteria:
a) A minimum of two openings on separate walls having a total net area of
not less than 1 square inch for every square foot of enclosed area subject to
flooding shall be provided.
b) The bottom of all openings shall be no higher than 1 foot above grade.
c)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
16)
The placement of recreational vehicles ( RV) in Special Flood Hazard Areas must
either
Page 26
of
Ordinance 881
a)
be temporary, as demonstrated by the RV being fully licensed, being on
wheels or a jacking system, attached to the site only by quick disconnect
type utilities and security devices, having no permanently attached
additions, and being immobile for no more than 180 consecutive days; or
else
b)
meet all provisions of this Ordinance applicable to manufactured home
structures.
17)
All proposals for the development of a residential subdivision, commercial business
park or manufactured home park/ subdivision must have public utilities and
facilities such as sewer, gas, electrical and water systems located and constructed
to minimize or eliminate flood damage.
18)
All proposals for the development of a residential subdivision, commercial business
park or a manufactured home park/ subdivision must include an adequate drainage
plan to reduce exposure to flood hazards.
19)
All proposals for the development of a commercial business park or a manufactured
home park/ subdivision must include an adequate evacuation plan for the escape of
citizens from affected nonresidential structures during flooding events.
Specific Standards; shall be amended as follows:
Risk Zone Specific Standards•- .
.
.
--
' ---
., . .
required:
subsection 30 61( a), is satisfied.
Page 27
of
Ordinance 881
- - .. - . .-- •
b .-. -
- .. -•-•
.
devices provided that they permit the automatic entry and exit of floodwaters.
C1)
Manufactured homcs.
shall be installed using methods and practices which minimize flood damage. For
the purposes of this requirement, manufactured homes must be elevated and
may include but arc net limited to use of ever the top or frame ties to ground
anchors. This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
30, AH and AE on the city's FIRM on sites outside of a manufactured home park
to
an
existing
home
manufactured
park
er
subdivision,
or in an existing
manufactured home park -or subdivision on which a manufactured home has
incurred substantial damage as-a result of a flood, shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated at least
0
anchored foundation system to resist flotation, collapse and lateral movement.
AE on the city's FIRM that are not subject to the provisions of this subsection be
elevated so that either:
elevation; or
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and securely anchored to an adequately
anchored
foundation
system
to
resist
novement.
Page 28
of
Ordinance 881
flotation,
collapse
and
lateral
I
• _
AE on the city's FIRM shall be en the site for fewer than 180 consecutive days, shall he fully
licensed and ready for highway use, or meet the permit rcquirements of subsection 30 64( a), and
to the site only by quick disconnect type utilities and security devices, and has no permanently
In addition to the General Standards, the following standards apply to specific development
types in specific Risk Zones. Risk Zones listed in this Ordinance that do not appear on the current
FIRM
are not applicable.
al In AE or A1- 30 Risk Zones: Special Flood Hazard Areas with base floods determined
For Residential Structures in Zone AE or A1- 30:
1.
For all new residential structures, the top surface of the lowest floor must have an
elevation
1
or
more
feet
above
the
published
BFE. This elevation must be
documented on an Elevation Certificate properly completed by a Professional
Engineer, Surveyor or Architect licensed to practice in the State of Arkansas.
2.
For all substantial improvements or substantial damage to existing residential
structures, the entire structure becomes subject to the requirements of a new
residential structure.
3.
For any reconstruction, rehabilitation, addition, or other improvement to an existing
residential structure that is less than a substantial improvement, only the improved
area, but not the entire structure, becomes subject to the requirements of a new
For Nonresidential Structures in Zone AE or A1- 30:
1. All new commercial, industrial or other nonresidential structures must either:
a. have the lowest floor (including basement) elevated 1 or more feet above
the base flood level or
b. be floodproofed such that, together with attendant utility and sanitary
facilities, be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
Page 29
of
Ordinance 881
c. A registered professional engineer or architect shall develop and/ or review
structural design, specifications, and plans for the construction, and shall
certify on a Floodproofing Certificate that the design and methods of
construction are in accordance with accepted standards of practice as
outlined in this subsection. A record of such certification which includes
the
specific
elevation (
in
relation
to
mean
sea
level) to which such
structures are floodproofed shall be maintained by the Floodplain
Administrator.
2.
For all substantial improvements or substantial damage to existing commercial,
industrial or other nonresidential structures the entire structure becomes subject to the
requirements of a new nonresidential structure.
3.
nonresidential structure that is less than a substantial improvement, only the improved
nonresidential structure.
c) For Manufactured Homes in Zone AE or A1- 30:
L All manufactured homes that are placed or substantially improved on sites:
a.
outside of a manufactured home park or subdivision,
b.
in a new manufactured home park or subdivision,
c.
in an expansion to an existing manufactured home park or subdivision,
or
d.
in an existing manufactured home park or subdivision on which a
manufactured home has incurred " substantial damage" as a result of a
flood, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated 1 or more feet above the base
flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
2. Require that manufactured homes beplaced or substantially improved on sites in an
existing manufactured home park or subdivision on the community' s FIRM that are not
subject
to the
provisions of paragraph(
a.
1.)
of this section be elevated so that either:
the lowest floor of the manufactured home is 1 or more feet above the
base flood elevation, or
b.
the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
Page 30
of
Ordinance 881
36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
3.
For all substantial improvements or substantial damage to existing manufactured
home, the entire structure becomes subject to the requirements of a new manufactured
home.
4. For any reconstruction, rehabilitation, addition, or other improvement to an existing
manufactured home that is less than a substantial improvement, only the improved area,
but not the entire structure, becomes subject to the requirements of a new manufactured
home.
d)
When a regulatoryfloodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or other development
including fill) shall be permitted within Zones A1- 30 and AE on the community's FIRMS
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within the community.
Floodways: Hiih risk areas of stream channel and adjacent floodplain
a) Developments in regulatory floodways are prohibited, unless
1.
A No- Rise Certificate, signed and stamped by a Professional Engineer licensed to
practice in the State of Arkansas, is submitted to demonstrate through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the
proposed development would not result in any increase in flood levels within the
community during the occurrence of a base flood event; or
2. All requirements of 44 CFR §65. 12 are first met.
b) No Manufactured Home may be placed in a regulatory floodway, regardless of elevation
height, anchoring methods, or No-Rise Certification.
al In AH or AO Risk Zones: Special Flood Hazard Areas ofshallow floodinui
al For Residential Structures in Zones AH or AO:
1.
All new residential structures must be constructed with the top surface of the
lowest floor elevated 1 or more feet above the published BFE, or 1 or more feet
above the highest adjacent grade in addition to the depth number specified ( at
least 2 feet if no depth number is specified) on the community' s FIRM. This
elevation must be documented on an Elevation Certificate properly completed
Page 31
of
Ordinance 881
by a Professional Engineer, Surveyor or Architect licensed to practice in the
State of Arkansas.
2.
For all substantial improvements or substantial damage to existing residential
structures the entire structure becomes subject to the requirements of a new
3.
For any reconstruction, rehabilitation, addition, or other improvement to an
existing residential structure that is less than a substantial improvement, only
improved
the
area,
but
not
the
entire
structure,
becomes
subject to the
requirements of a new residential structure
b
For Nonresidential Structures in Zones AH or AO:
1.
All new commercial, industrial or other nonresidential structure must either:
a.
have the top surface of the lowest floor elevated 1 or more feet above
the published BFE, or 1 or more feet above the highest adjacent grade
in addition to the depth number specified ( at least 2 feet if no depth
number is specified) on the community' s FIRM, with documentation on
an Elevation Certificate properly completed by a Professional Engineer,
Surveyor or Architect licensed to practice in the State of Arkansas; or
b.
be floodproofed such that the structure, together with attendant utility
and sanitary facilities be designed so that below the base flood level, the
structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
2. For all substantial improvements or substantial damage to existing commercial,
industrial or other nonresidential structures the entire structure becomes subject to
the requirements of a new nonresidential structure.
3.
existing nonresidential structure that is less than a substantial improvement, only
the improved area, but not the entire structure, becomes subject to the requirements
of a new nonresidential structure.
c)
For Manufactured Homes in Zones AH or AO:
1.
All manufactured homes that are placed or substantially improved on sites:
a.
b.
in a new manufactured home park or subdivisions
Page 32
of
Ordinance 881
c.
or
d.
of the manufactured home is elevated 1 or more feet above the published
BFE, or 1 or more feet above the highest adjacent grade in addition to the
depth number specified ( at least 2 feet if no depth number is specified)
on the community's FIRM, and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
2. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision on the community's
FIRM that are not subject to the provisions of paragraph 1. of this section be
elevated so that either:
a.
the lowest floor of the manufactured home meets the elevation standard of
paragraph
b.
1.,
or
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored
foundation
system
to
resist
flotation,
collapse,
and lateral
movement.
3.
For all substantial improvements or substantial damage to existing
manufactured home, the entire structure becomes subject to the requirements of
a new manufactured home.
4.
existing manufactured home that is less than a substantial improvement, only
the
improved
area,
but
not
the
entire
structure,
becomes subject to the
requirements of a new manufactured home.
d)
Where FEMA has not established a regulatory floodwav in Zone in Zones AH or
no Floodplain Development Permit may be issued unless a detailed
engineering analysis is submitted along with the application that demonstrates the
AO,
increase in base floodwater elevation due to the proposed development and all
cumulative developments since the publication of the current FIRM will be less
than 1 foot.
e)
Require adequate drainage paths around structures on slopes, to guide flood waters
around and away from proposed structures.
Page 33
of
Ordinance 881
In" A" Risk Zones: Special Flood Hazard Areas with no base flood elevations determined
a)
In Zone A, the applicant or the applicant' s agent must determine a Base Flood Elevation
prior to construction. The BFE will be based on a source or method approved by the local
Floodplain Administrator.
b)
For Residential Structures in Zone A:
1.
For all new residential structures, the top surface of the lowest floor must have an
elevation 1 or more feet above the BFE. This elevation must be documented on an
Elevation Certificate properly completed by a Professional Engineer, Surveyor or Architect
licensed to practice in the State of Arkansas.
2. For all substantial improvements or substantial damage to existing residential structures,
the entire structure becomes subject to the requirements of a new residential structure.
3.
residential structure that is less than a substantial improvement, only the improved area,
but not the entire structure, becomes subject to the requirements of a new residential
structure.
c)
For Nonresidential Structures in Zone A:
1. All new commercial, industrial or other nonresidential structures must either:
a. have the lowest floor including basement) elevated 1 or more feet above the base
flood level or
b. be floodproofed such that, together with attendant utility and sanitary facilities,
be designed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy.
c. A registered professional engineer or architect shall develop and/ or review
structural design, specifications, and plans for the construction, and shall certify on
a Floodproofing Certificate that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A
record of such certification which includes the specific elevation ( in relation to
mean sea level) to which such structures are floodproofed shall be maintained by
the Floodplain Administrator.
Page 34
of
Ordinance 881
2. For all substantial improvements or substantial damage to existing commercials
industrial or other nonresidential structures the entire structure becomes subject to the
requirements of a new nonresidential structure.
3.
nonresidential structure that is less than a substantial improvement, only the improved
nonresidential structure.
d) For Manufactured Homes in Zone A:
1.
All manufactured homes that are placed or substantially improved on sites:
a.
b.
in a new manufactured home park or subdivision,
c.
or
d.
of the manufactured home is elevated 1 or more feet above the base
flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
2. Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision on the community's FIRM that are not
subject
to the
provisions of paragraph(
1.)
of this section be elevated so that either:
a.
the lowest floor of the manufactured home is 1 or more feet above the
base flood elevation, or
b.
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
3. For all substantial improvements or substantial damage to existing manufactured
home, the entire structure becomes subject to the requirements of a new manufactured
home.
Page 35
of
Ordinance 881
4.
manufactured home that is less than a substantial improvement, only the improved area,
but not the entire structure, becomes subject to the requirements of a new manufactured
home.
e
Base flood
elevation
data
floodwa
and a re. ulator
utilizin.
acce
ted
en.
ineerin. .
ractices
shall be generated for subdivision proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided.
Standards for subdivision proposals; shall be repealed:
subdivisions, shall be consistent with sections 3d 33, 30 34 and 30 35
61, section 30 64, and this division.
30 37 or subsection 30 63( a)( 8).
Standards for areas of shallow flooding( AO/AH zones; shall be repealed:
I
I .
- .
Page 36
-
.-
-
of
Ordinance 881
0 ... _
.,
hydrodynamic loads and the effects of buoyancy.
e .. . ..
s
Floodways; shall be repealed:
Floodways.
0 --.
b ... . -
b --.
city during the occurrence of the base flood discharge.
revision through FEMA.
SECTION 24. All other provisions of Chapter 30 shall remain the same.
Page 37
of
Ordinance 881
SECTION 25. Adoption. The City hereby adopts as its official flood insurance rate map the
Federal Emergency Management Agency' s Flood Insurance Rate Map for Pulaski County,
Arkansas, and Incorporated Areas, Effective July 6, 2015.
SECTION 26. Codification. It is the intention of the City Council of the City of Maumelle that
the provisions of this Ordinance shall become and be made a part of the City Code of the City of
the
word"
Ordinance" may be
changed
to " Section," " Article," or such other word( s) or phrase( s)
SECTION 27. Repealer. All other ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict.
SECTION 28. Severability. If any clause, sentence, paragraph, section or other portion of this
ordinance
is found to be
invalid or inoperative by a court of competent
unconstitutional,
jurisdiction, such findings shall not effect the validity of the remainder of these sections, nor shall
any proceeding invalidating any portion of any section operate to affect any portion of the
remainder of said sections not specifically attacked in said proceeding.
APPROVED this
day
2015.
of
ATTEST:
Joshua Clausen, City Clerk
APPROVED AS TO FORM:
Page 38
of
Ordinance 881
SPONSORED BY:
Mayor Michael Watson
Saunders Anderson Kelley Mosley Lewis Holt Scott Vaprersan
Aye:
No:
Page 39
of
Ordinance 881
A ORDINANCE OF THE CITY COUNCIL OF THE CITY MAUMELLE, COUNTY OF
PULASKI, STATE OF ARKANSAS,
ORDINANCE NO. 882
AN ORDINANCE REDUCING THE MAUMELLE COMMUNITY SERVICE FEE, AND
FOR OTHER PURPOSES.
WHEREAS, the City of Maumelle, pursuant to ordinance, is authorized to collect a
service charge
for
police and
fire
protection,
known
as
the "
Community
Service Fee";
and
WHEREAS, the City Council has considered various reductions in the Community
Service Fee over the history of the fee; and
WHEREAS, the City of Maumelle is committed in growing its retail sales tax revenue in
place of conventional residential revenue generating fees; and
WHEREAS, the City Council believes that a reduction in the fee is appropriate at this
time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
SECTION 1.
Intent. It is the City Council' s intent that the Community Service
Fee be eliminated over time for all residences, regardless of type, within the city of Maumelle,
Arkansas.
SECTION 2.
Fees, Division 1.
Effective January 1, 2016, Appendix C. Fees, Article 1. Special
Community Service Fees, Sec. 3. Service Charges, is hereby amended as
follows:
Sec. 3. Service charges.
The service charges established pursuant to this chapter are as follows:
a)
Houses
and other similar
dwelling structures: $ 600 5. 00 per month for fire and
police security.
b)
Condominiums
SECTION 3.
Fees, Division 1.
6, 00 5. 00 per month for fire and police security.
follows:
Sec. 3. Service
and apartments: $
charges.
a)
Houses
and other similar
dwelling structures: $ 600 4. 00
per month for fire and
police security.
b)
Condominiums
and apartments: $
600 4. 00 per month for fire and police security.
SECTION 4.
Fees, Division 1.
follows:
a)
Houses
and other similar
dwelling structures: $ 6: 00 3. 00 per month for fire and
police security.
b)
Condominiums
and apartments: $
6: 00 3. 00 per month for fire and police security.
SECTION 5.
Fees, Division 1.
follows:
a)
Houses
and other similar
dwelling structures: $ 600 2. 00 per month for fire and
police security.
b)
Condominiums
and apartments: $
6:00 2. 00 per month for fire and police security.
SECTION 6.
Fees, Division 1.
follows:
a)
Houses
and other similar
dwelling structures: $ 6: 00 1. 00 per month for fire and
police security.
b)
Condominiums
and apartments: $
Page 2
of
6:90 1. 00 per month for fire and police security.
Ordinance 882
SECTION 7.
Fees, Division 1.
follows:
security.
b)
Condominis
a)
Residences shall not be charged a community service fee.
c)
(
b)
and apartments: $
6. 00 per month for fire and police security.
Commercial establishments: Per month charge will be computed.
according to the formula as follows.
ck)
(
Industries: Per month charge will be computed according to the formula
c)
as follows, plus $2. 00 per month for lighting.
SECTION 8.
Fees, Division 1.
Community Service Fees, Sec. 4. Payment of Service Charges, is hereby
amended as follows:
Sec. 4. Payment of Service Charges.
Payment of service charges for new residences, commercial establishments or industries under
construction or to be constructed shall commence when the building permit is issued.
SECTION 9.
Community Service Fees, Sec. 5. Billing period for previously vacant
residence, commercial establishment or industry, is hereby amended as follows:
Fees, Division
Sec.
5.
Billing
industry.
1.
period
for previously
vacant
resklenee,
commercial
establishment
or
Any new resident, commercial establishment or industry who or which moves into Maumelle
shall be billed a pro- rated service charge for the month which shall be dated from the date the
resident or business occupied the residence, commercial establishment or industrial property
unless the residence, commercial establishment or industry was covered by section C- 4 for
charges for new construction.
Page 3
of
Ordinance 882
SECTION 10.
Fees, Division 1. Community Service Fees, Sec. 6. Unpaid Service Charge, is hereby amended as
follows:
Sec. 6. Unpaid Service Charge.
In the event that any service charge is not paid in full within a period of a minimum of three
months, or one quarter from the time the fee is billed, then in addition to the service charge there
shall be due and owing the City of Maumelle a penalty and late fee as follows:
Houses, similar dwelling structures, . . . -
a)
b)
(
Commercial
a)
establishments and
-
: • .•. •• -
industries: $ 50. 00.
b)
A separate, new penalty and late fee in the above amounts shall accrue
every three months, or one quarter of a year, after the service charge and the initial
e)
(
penaltyremain unpaid. - .
basis
d)
unless
(
the
agreement
is :
ached by not paying as agreed.
The City of Maumelle is hereby authorized and directed to impose the late
c)
fee on the next bill to the resident or business. Should the account remain unpaid for an
additional
period
of
three
months,
or
one
quarter
of
a
year,
following the initial
imposition of the late fee, the City of Maumelle is hereby authorized and directed to take
appropriate actions for collection. These actions may include, but are not limited to, filing
a legal action to collect the fees, utilizing the services of a collection agency, or any other
method deemed legal and expedient. The mayor may authorize the director of the
department of finance or another duly authorized representative or employee of the City
of Maumelle to designate the method( s) of collection in each case.
SECTION 11.
Fees, Division 1. Community Service Fees, Sec. 1. Establishment, is hereby amended as follows:
Sec. 1. Establishment
a)
Pursuant to the results of a special election before the voters of Maumelle, held on
October 15, 1985, service charges for police and fire protection and street lighting are hereby
established for residences, commercial establishments and industries within the city limits of
Maumelle, Arkansas.
chl
Effective January 1, 2021, pursuant to Ordinance No. 882, the service charges for
police and fire protection and street lighting shall not be charged to any residences, regardless of
whether
the residence is a house, condominium, apartment, multi-family dwelling in a
commercial structure, or other similar dwelling structure.
Page 4
of
Ordinance 882
Except for the changes above all the provisions of Appendix C of
SECTION 12.
the Maumelle City Code remain the same.
SECTION 13.
All provisions of this ordinance of a general and permanent nature
are 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 conflict
herewith are hereby repealed to the extent of the conflict.
SECTION 15.
Severability. If any clause, sentence, paragraph, section or other
portion of this ordinance is found to be unconstitutional, invalid or inoperative by a court of
competent jurisdiction, such findings shall not effect the validity of the remainder of these
sections, nor shall any proceeding invalidating any portion of any section operate to affect any
portion of the remainder of said sections not specifically attacked in said proceeding.
ORDAINED this
day
2015.
of
ATTEST:
Joshua Clausen, City Clerk/Treasurer
APPROVED AS TO LEGAL FORM:
SPONSORED BY:
Alderman Steve Mosley
Alderman Preston Lewis
Alderman Marion Scott, and
Alderman Jess Holt
Page 5
of
Ordinance 882
Saunders
Anderson
Kelley
Mosley
Lewis
Scott
Aye:
No:
Page 6
of
Ordinance 882
Holt
Vaprersan
ORDINANCE NO. 883
AN ORDINANCE TO PROVIDE THAT THE CITY OF MAUMELLE SHALL JOIN
THE PULASKI COUNTY ENERGY IMPROVEMENT DISTRICT AND FOR OTHER
PURPOSES
WHEREAS,
by Act 1074 of 2013 ( codified at ARK. CODE
seq.), Pulaski County created a Property Assessed Clean Energy ( PACE)
District known as the Pulaski County Energy Improvement District by Pulaski County Ordinance
pursuant
ANN. § 8- 15- 101
to the authority
granted
et
15- OR- 16; and
WHEREAS, the City of Maumelle desires to become a member of the Pulaski County Energy
Improvement District
pursuant
to ARK. CODE ANN. §
8- 15- 106 and to be represented on the
board of directors of said district; and
WHEREAS, the Pulaski County Energy Improvement District is an independent legal and
financial authority, with the authority to issue bonds; and
WHEREAS, the Pulaski County Energy Improvement District is authorized to permit the
creation 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, a
renewable energy project, or a water conservation improvement for their property on a voluntary
basis, with loan repayment tied to collection of real property taxes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
Section 1. The City of Maumelle hereby joins the Pulaski County Energy Improvement District.
Section
2.
The
Mayor
City of Maumelle shall serve, or otherwise designate a
representative to serve during the Mayor' s term, on the board of directors of the Pulaski County
Energy Improvement District.
of
the
Section 3. The City of Maumelle agrees to permit any seats on the board of directors of the
Pulaski County Energy Improvement District not filled by the County Judge, or his designee, or
any Mayor of a city within Pulaski County, or that Mayor' s designee, to be filled, by the
appointment 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 of
Directors
and
consideration
of
candidates'
background,
experience,
following areas:
Municipal finance, banking, and/ or commercial lending;
Real
estate
development
and commercial construction;
and expertise
in the
Legal services;
Architecture and/or professional engineering;
The advanced energy industry, including
energy
efficiency
or
"
green building"
contracting and consultation; and
Connections
to
or
relations
with
local
utility
companies,
lending or bonding
institutions 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 to
be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of this ordinance, which shall remain in full force and effect as if the portion so declared
or 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 with
any 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 the
provisions of this Ordinance shall become and be made a part of the City Code of the City of
the
word"
Ordinance" may be
changed
to " Section," " Article," or such other word( s) or phrase( s)
Section 7. EMERGENCY CLAUSE. The General Assembly has found and determined that the
programs 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 in
local communities; protect participating citizens from the financial impact of the rising cost of
from
fuels;
increase the value of real property for
participating citizens; improve air quality and conserve natural resources, including water; attract
electricity
produced
nonrenewable
manufacturing facilities and related jobs to the state; and promote energy independence and
security for the state and the nation. It is hereby found that this ordinance is immediately
necessary to support the public peace, safety, and welfare of the citizens of Pulaski County and
the City of Maumelle; therefore, it is hereby declared that an emergency exists and that this
ordinance shall be in full force and effect immediately upon approval.
Approved this
day
2015.
of
ATTEST:
Joshua Clausen, City Clerk/Treasurer
Page 2
of
Ordinance 883
SPONSORED BY:
Mayor Mike Watson
Saunders Anderson Lewis Mosley Kelly Scott Holt Vaprersan
Aye:
No:
Page 3
of
Ordinance 883
What is PACE?
Property Assessed Clean Energy, or PACE, is a creative funding mechanism that allows property
owners to borrow money for energy efficiency, renewable energy or water conservation
improvements to their property.
Local PACE programs are administered by Energy Improvement District Boards, which are
established by, but operate legally and financially independent of, municipal organizations.
The Pulaski County Energy Improvement District will encompass the entirety of Pulaski County,
Arkansas. According to Arkansas' s PACE enabling legislation the district should be managed
by a Board of Directors composed of a minimum of seven( 7) directors and should meet at least
quarterly.
The District Board will establish procedures by which they will operate and may work with a
third-party administrator to create program guidelines, oversee day-to- day operations, recruit
participating qualified contractors, and publicize innovative financing opportunities.
How does the financing of projects work?
Participation by property owners is entirely voluntary. Once a property owner decides to make a
qualified
improvement
to
his property,
a
PACE loan
will
pay for 100% of the project and a
PACE lien item will be added to the property assessment. PACE liens will be paid on an annual
basis with property taxes until the PACE loan is satisfied.
What is a qualified improvement?
The project must increase energy efficiency of a property, produce renewable energy, or
conserve water. An evaluation of the property must determine utility cost absent the
improvement and utility cost savings once the improvement is implemented. The difference
between utility cost before and after the project is the utility cost saving. A licensed and qualified
contractor must provide a cost estimate of the materials and labor to complete the project.
According the Arkansas' s enabling statute, in order for a project to be approved, it must be " cash
flow
positive"—
meaning the cost of the improvement must be less than the cost of the utility
cost saving.
Where does the money for project funding come from?
That depends on the decisions of the District Board. Energy Improvement Districts are
authorized to borrow private funds, public funds or issue bonds. Several districts, including the
City of Fayetteville, are third-party administered by turn-key operations that include private
funding
of
PACE
projects.
ORDINANCE NO. 884
AN ORDINANCE REPEALING ORDINANCE NO. 271 WHICH WAS
TITLED " AN ORDINANCE GRANTING THE BOARD OF DIRECTORS
OF THE CITY OF MAUMELLE THE AUTHORITY TO APPROVE
RATES AND OTHER TERMS AND CONDITIONS FOR PRODUCTS
AND SERVICES PROVIDED BY THE MAUMELLE SUBURBAN
IMPROVEMENT DISTRICT NUMBER 500 WITHIN THE CITY OF
MAUMELLE" AND FOR OTHER PURPOSES
WHEREAS, Maumelle Suburban Improvement District No. 500, which is also known as
Maumelle Water Management ( collectively MSID), provides water and sewer services to the
majority of property located within the City of Maumelle; and
WHEREAS, On December 18, 1995, the Board of Directors of the City of Maumelle
passed Ordinance No. 271, which required, among other things, MSID to get approval from the
City
for
rate
increases
pursuant
to ARK. CODE Artie. § 14- 200- 101; and
WHEREAS, Some of MSID' s water and sewer treatment, storage, and distribution
facilities ( the " System")
are in excess of forty-five years old and require regular maintenance and
replacements; and
WHEREAS, In order to provide adequate services for the growing needs of the City,
extensions,
betterments
and
improvements to the System (" Improvements") have been and will
continue to be necessary; and
WHEREAS, During the course of MSID' s existence, in order to finance the cost of
Improvements to the System, MSID has issued long-term debt obligations; and
WHEREAS, MSID debt obligations are secured by, among other things, the revenues of
the System which can fluctuate from year to year; and
WHEREAS, MSID has identified approximately $ 30
improvement
needs
and,
having
prioritized
the
needs,
million in necessary capital-
identified approximately $ 10 million
worth of the most critical needs; and
WHEREAS, MSID currently
contains
approximately $
12 million in existing debt on
capital improvements; and
WHEREAS, MSID has been working diligently to take the necessary steps for the
transfer of the water and sewer facility assets and operations to the new Maumelle Public Water
Authority(
PWA);
and
WHEREAS, PWA
pay approximately $ 12
plans
million
to issue approximately $ 22 million in new bonds in order to
to MSID to pay
off
its existing debt
and
to
raise $
10 million in
new funds for the most critical Improvement needs of the System; and
WHEREAS, PWA' s ability
to
issue $
22 million in bonds will be based entirely upon
MSID' s historical records of operations and finances including its debt service of its bond
financings; and
WHEREAS, A critical aspect of the new financing will be MSID' s annual audit report
for 2014,
which
is
expected
to
reflect
loss
a net
of
approximately $ 900, 000, which includes
depreciation expense; and
WHEREAS, MSID desires to raise the rates it charges its customers sufficient to finance
critical capital improvement needs without the necessity of seeking approval from the City
Council; and
WHEREAS, There is a dispute between the City and MSID regarding the legal rights
and meanings conferred or accepted by Ordinance No. 271 and neither the City of Maumelle nor
MWM wishes to spend taxpayer or ratepayer monies in such a legal proceedings; and
WHEREAS, In late 2010, the City Council considered Ordinance 757, which was
designed to repeal Ordinance 271 and which was ultimately tabled on November 15, 2010; and
WHEREAS, On May 18, 2015, the City Council approved a motion to introduce an
Ordinance to repeal Ordinance 271.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MAUMELLE, ARKANSAS, AS FOLLOWS:
SECTION 1.
Repealer. Ordinance No. 271 and any other Ordinances and Resolutions in
conflict herewith are hereby repealed.
SECTION 2. Exception. This Ordinance shall have no effect upon any other City Ordinances
which pertain to the imposition of franchise taxes required to be paid by MWM to the City.
Approved this
day
2015.
of
ATTEST:
Joshua Clausen, City Clerk/ Treasurer
Page 2
of
Ordinance 884
SPONSORED BY:
Alderman Anderson
Saunders Anderson Lewis Mosley Kelly Scott Holt Vaprersan
Aye:
No:
Page 3
of
Ordinance 884
RITTER LAW
Attorney at Law
P. O. Box 13263 (mailing address)
406- B Edgewood Drive, Maumelle, AR 72113
501) 747- 7650 FAX (501) 734- 8372
Ritterlawfirmca* ol.com
George Pierce Ritter
May 28, 2015
Members of the Maumelle City Council
Mayor Michael Watson
City Attorney Caleb Norris
550 Edgewood, Suite 590
Maumelle, AR 72113
Re:
1)
2)
City Ordinance Number 271
Responsibility of the City Council to Maumelle ratepayers
Dear Council Members, Mayor Watson&
City Attorney Norris:
The City of Maumelle appears poised to surrender its sovereign power to regulate water rates to
the Maumelle Suburban Improvement District(" MWM")
and its successor entity the Maumelle
Public Water Authority(" the PWA"). Both are requesting the City repeal Ordinance Number
271 which requires MWM to obtain the approval from the City Council before it can increase
water rates. According to MWM, repeal of this Ordinance is necessary in order that it can
expeditiously raise water rates in order to support a$ 22 million bond issue. The bonds would be
used to pay off MWM' s existing debt and finance capital improvements. The bond issue is an
integral part of the asset sale from MWM to the PWA. The parties are hoping to complete the
sale transaction and bond issue" by early summer while bond rates remain low."
Except for Alderman Mosley, members of the City Council have largely been passive about
MWM and the regulation of water. A number are under the impression that the City does not
have the authority to approve water rates set by an Improvement District or a Public Water
Authority. There is also a noticeable lack of concern about the adverse impact of$22 million in
bonds claimed to be necessary to pay off MWM' s long term debt and finance critical capital
improvements.
The Council' s apparent belief that it lacks the authority to regulate water rates stems from a 2014
legal opinion written by former Maumelle City Attorney JaNan Davis. As the discussion below
will
demonstrate, this
opinion cannot withstand
legal
analysis.
A.
The City of Maumelle has the legal authority to regulate and
approve rates charged by utilities supplying water within its city
limits
Arkansas cities have jurisdiction to:
D]etermine the terms and conditions upon which the public utility may be permitted to
occupy the streets, highways, or other public places within the municipality, including
without limitation:
a) The rates, quality, and character of each kind of product or service to be furnished or
rendered by a public utility.
Ark. Code Ann. § 14- 200- 101( b)( 1)( A)(i).)
A" public utility" under this statute is defined as:
A]ny electric, gas, sewer or telephone company, and any company providing similar
services . . . . (
Both MWM
and
Ark. Code Ann. § 14- 200- 101( a).)
the PWA have
or will provide" sewer" and" similar services"—
i.e. water. Both
are" companies" because that term can encompass any number of different organizational forms.
See Ops A.G. 2003- 172 at 4 where the Attorney General found MWM was a company that
provided" similar services" and was subject to franchise fees which the City of Maumelle had
the power to impose.)
There are only three exceptions to the meaning of" public utilities" as used in this statute. They
are:
1)
A
public
utility supplying
cellular
telecommunications
under §
23- 1-
101( 9)( B)( ii).
2)
A Consolidated utility district( 14- 217- 101)
3)
Water
or
light
commissions established
by
cities of the
first
class (
14- 201- 101
MWM and the PWA do not fall under any of these three exceptions. They are therefore" public
utilities" whose rates are subject
to
municipal control under
Section 14- 200- 101( b). This
conclusion also follows from the principle of statutory interpretation known as expressio unius
est exclusio alterius or the expression of one thing is the exclusion of the other. Here, the
Legislature excepted only three categories of public utilities from municipal control. That means
all others were not excepted. The all others not excepted include MWM and the PWA.
2
B.
The Arkansas Attorney General Muddies the Waters
The former Maumelle City Attorney reached the opposite conclusion. She did this because she
looked at the wrong statutes. She also impermissibly interjected her own policy arguments in
favor of non-oversight. The first part of her opinion tracked an earlier one issue by Attorney
General Dustin McDaniel concerning the
City
of Cherokee
Village. ( See Ops. A.G. 2011- 109.)
That opinion focused on the term" company" found in the laws governing the Public Service
Commission(" PSC").
These laws are in a different Title of the Arkansas Code and do not
govern municipalities. Nonetheless, the Attorney General quoted the following language from
Ark. Code Ann. § 23- 1- 101( 9)( A) found in the PSC statutes:
Public
Utility' includes
persons and corporations . . .
owning or operating in this state
equipment or facilities for:
ii) diverting, developing, pumping, impounding, distributing, or furnishing water to or
for the
public
for
compensation.
However, nothing in this subdivision shall be
construed to include water facilities and equipment of cities and towns in the
definition
He then
of public
utility. (
concluded that" the
provides water
PSC
Op. Ag. at 4 [ Emphasis added by Attorney General].)
appears . . .
from the definition
to exclude every publicly-owned public utility that
of a" public
utility."
Based on this reasoning, the Attorney
General found that the Board that provided water to Cherokee Village was not a" public utility."
Ops. A.G. at 4.)
This conclusion is wrong for several reasons.
1)
The definition the Attorney General relied on only excluded" water facilities and
equipment of cities and towns."
Water facilities of cities and towns are not the
same as water facilities of an outside entity such as MWM.
2)
The definitions and terms of Section 23- 1- 101 only applied to the
jurisdiction of the Public Service Commission. They do not define the powers of
municipalities.
3)
The Attorney General' s interpretation is counter intuitive. It in essence means
that" Every publicly-owned utility is not a public utility."
4)
The definition the Attorney General cited is limited to the particular Act
governing the PSC. Section 23- 1- 101 of that Act begins with the following
language preceding the definitions in question:
As used in this act. . . .
3
Those words are words of limitation. The Legislature inserts them to limit the
particular definitions to the statute in question. It means the definitions should not
be applied to other Titles or Acts in the Arkansas Code.
5)
The fact that a particular class of utilities is excluded from the jurisdiction of the
PSC has nothing to do with whether municipalities have jurisdiction over them
for rate-making purposes.
In spite of this, the Attorney General did not reach a definitive conclusion on whether the City of
Cherokee Village could regulate an outside utility. He noted that Arkansas Code Annotated
Section 14- 200- 101( a) governs the power of municipality to regulate outside utilities. He also
noted there were only three specific types of public utilities exempted. He further observed that:
T] he fact that the legislature specifically excluded these [ three] kinds of entities suggests
that `public utility,' as used in the [ municipal] franchise-fee context, is broader than the
term when
used
in the PSC
context. (
Ops. A.G. at 6.)
In other words, this" broader" definition would encompass every public utility not specifically
excepted from Section 14- 200- 101( a).
The Attorney General' s analysis is understated. Not only does it" suggest" a broader definition
of" public
utility," it compels one. The definition of" public utility" in the municipal franchisefee statute encompasses rather than excludes entities such as MWM and the PWA. Therefore, if
the second phase of the Attorney General' s analysis were followed, the only logical conclusion is
that MWM and the PWA are subject to rate regulation by the City of Maumelle.
Despite all this, the Attorney General could not reach this obvious conclusion: namely, that the
utility in
question was a covered public
utility. Instead, he
punted.
He
wrote: "[
T] he arguments
for and against each of these views are fairly evenly matched. Thus, I cannot conclusively opine
on your question."
C.
The City Attorney' s Opinion
The City Attorney incorporated this inconclusive Attorney General opinion into hers. She
concurred with the first part finding the utility in question was exempt from municipal regulation
but disagreed with the second part finding no such exemption.
There is no legal basis for her conclusion. It is based on speculation, fabricated legislative intent
and a lack of any independent legal analysis.
With respect to the Attorney General' s second or alternate conclusion that there could be a
of" public
utility," the City Attorney peremptorily stated that:
broader definition
Based on my review, I find no merit in the `exception to the exception' argument [ of the
Attorney General]. ( Opinion at 5.)
4
Yet the City Attorney never explains why there was" no merit" in that argument. She went on to
conclude that:
It is clear that there is no specific statutory authority or case law which directly answers
this
question. (
Id.)
That authority was staring her directly in the face. Ark. Code Ann. § 14- 200- 101 only exempts
three specific categories of public utilities from municipal control. That means all others are
subject to it. Neither MWM nor the PWA fall under one of these exemptions. Therefore, their
ratemaking is subject to municipal oversight and control. The Attorney General even suggested
as much. But the City Attorney could find" no specific statutory authority."
With respect to the PWA, the City Attorney makes the same analytical mistake as did the
Attorney General. She stated that:
A PWA is exactly the sort of`publically-owned' public utility which is excluded from
PSC
statutes. (
Opinion at 5.)
That is beside the point. Exclusion from PSC jurisdiction is not a criteria for determining which
public utilities are excluded from municipal oversight.
PSC statutes do not govern the delegated authority granted to municipalities by the Legislature.
Nor do statutes governing the formation of PWAs. Nothing in any of the enabling legislation of
PWAs, Suburban Improvement Districts or the Public Service Commission addresses the issue
of whether bodies falling under that legislation are subject to municipal control. The one statute
that does is found in the Chapter of the Arkansas Code governing municipalities. That statute is
Ark. Code Ann. Section 14- 200- 101.
It clearly subjects public utilities such as MWM and the
PWA to the jurisdiction of municipalities.
D.
Past History is Not Controlling
The City Attorney' s reliance on the history of the City of Maumelle and MWM with respect to
water rates likewise misses the mark. Understandings of past City Councils are immaterial.
Similar arguments were also rejected by the Arkansas Supreme Court in Delony v. Rucker, 227
Ark. 869, 302 S. W. 2d 287 ( 1957). There, the argument was made that higher water rates being
charged by the City of Little Rock constituted an impairment of a contract. The Arkansas
Supreme Court rejected this argument. It held that:
A]n agreement fixing public utility rates to be charged in the future is subject to the
sovereign' s reserve power of rate regulation and must yield
to that power. ( 302 S. W. 2d
at 290.)
The sovereign in this case was the City, not the Water and Light District that challenged its rates.
The same result was reached in Skallerup v. City ofHot Springs, 2009 Ark. 276, 309 S. W. 3d
196( 2009). Skallerup contended that the City was estopped from imposing new rates because of
5
a prior agreement and promises it had made. Again, the Supreme Court rejected this argument
and held that:
A] n
agreement
fixing
public
utility
rates
to be charged . . . is subject to the sovereign' s
reserved power of rate regulation and must yield to the exercise of that power.'
Citing a previous case, the Court noted that:
W]e recognized the city' s plenary duty to exercise its police power in the interest of the
public
health
and
safety
of its
inhabitants. . . . The police power of the state is founded in
necessity and this necessity must exist in order to justify its exercise. . . . The
State has authorized the municipalities to legislate under the police power in Ark. Code
Ann. § 14- 55- 102 ( 1987). That section provides, ` Municipal corporations shall have the
public
power to make and publish bylaws and ordinances, not inconsistent with the laws of this
state, which, as to them, shall seem necessary to provide for the safety, preserve the
health, promote the prosperity, and improve the morals, order, comfort, and convenience
of such corporations and the inhabitants thereof.'
It is clear that a city may not contract away its power and obligation to charge
reasonable rates for municipal service. (
E.
309 S. W. 3d
at
202— 03.[ Emphasis added].)
The Obligation of the City Council
Ordinance No. 271 did not" grant" the City the power regulate water rates. The City was given
that power by the Arkansas Legislature through statutory law. Ordinance 271 simply recognized
and implemented the City' s authority to do this.
The City of Maumelle not only has the statutory power to regulate the rates charged by outside
public utilities such as MWM and the PWA, but it has a legal obligation to do so. Unfortunately,
the City Council has historically abandoned its responsibility and defaulted to MWM in these
matters. It is no answer to say that MWM' s board now includes two Aldermen from the City of
Maumelle. That is nothing more than political window dressing. Those two Aldermen
constitute a minority of the MWM board. The original, unelected majority of three water
commissioners is still in control.
The City Council with the exception of Alderman Mosley now appears ready to further
capitulate by repealing Ordinance 271 and giving MWM and the PWA carte blanche authority to
set water rates for the City of Maumelle. According to MWM, unless this is done a" legal cloud"
could complicate
the anticipated
rate
increases
and the"
marketability
of the
bonds." MWM and
the PWA also urge that this should be done on an expedited basis so they can take advantage of
favorable bond rates.
The reason for the new bonds is to" pay approximately$ 12 million to MSID to pay off its
existing debt
and to generate$
critical capital
improvements
10 million in new funds for the PWA to use to pay for the most
needs."
These statements should raise numerous red flags for
every Council Member. For example:
6
1)
Why has MWM accumulated approximately$ 12 million in existing debt while at
the same time allowing its infrastructure to be in a current state of disrepair?
2)
The need to upgrade the MWM infrastructure did not happen overnight. By
MWM' s own admission, some of its facilities are over 45 years old. Why has
MWM apparently waited until now to address this problem with the City?
3)
Are the ratepayers and citizens of Maumelle expected to bear the financial burden
to be
by MWM? This
question is particularly critical because for years MWM has insisted and
continues to maintain that it is beyond the control of the people of this City.
of what appears
years of mismanagement and neglect
The last thing the City Council needs to be considering at this juncture is a repeal of Ordinance
No. 271.
Its legal obligation is not to MWM and the PWA but to the citizens and ratepayers of
the City of Maumelle. If the Council intends to simply rubber- stamp the planned transition of
these entities and the planned bond issue, then in my opinion it will be derelict in its duties and
obligations to the people who elected them-
the ratepayers and citizens of Maumelle and also
make the City vulnerable to future litigation.
Sincerely,
RITR LAW
E
George+' Ritter
7
HANKINS LAW FIRM, P.A.
STUART W. HANKINS
j
A. VAUGHAN HANKINS
1515 EAST KIEH1. AVENUE
SI1ERWO) OD, ARKANSAS
swhankins@hankmslnwiirm. net
rh
72120
nl
is ( hankinsla = tirrii.net
1"I ,r.p1 IQNE( 501) 833- 0168
FACSIMILE ( 501) 833- 0253
t
Also Licensed in Alabama
ww v. han1; ilailan i+.
m-..ner,
May 14, 2015
Hon. Mike Watson
Alderman John Vaprersan
Mayor,
26 Vantage Drive
City
of
Maumelle
550 Edgewood Drive, Suite 590
Maumelle, AR 72113
Maumelle, AR 72113
jvaprersan4maurnelle@gmaii. com
mayor(& maumelle. org
Alderman Steve
Alderman Ken Saunders
Mosley
16 Riverwood Place
12 Riverwood Place
Maumelle, AR. 72113
Maumelle,' AR
mosleyaldermanwardl
Alderman.Marc
i),,
aol. com
72113
Ken4wardl. i;msn. com
Alderman Rick Anderson
Kelley
118 Traveler Lane
233 Summit Valley Circle
Maumelle, AR
Maumelle, AR 72113
72113
kelley4ward.2@aol. com.
ward2an.derson @att.net
Alderman Preston Lewis
Alderman Marion Scott
14 Braeswood Place
12 Spring Drive
Maumelle, AR
Maumelle, AR 72113
72113
[email protected]. corn
Alderman Jess Holt
102 Rolling Oaks Drive
Maumelle, AR 72113
j essieh.olt @sbcglobal. net
Dear Mayor Watson
and
Council Members:
marion.ella0l Photmail.com
Mayor Mike Watson and Council Members
May 14, 2015
Page 2
As
if
most,
not
all,
of you are aware Maumelle Suburban Improvement
District No. 500 (" MSID")
has been working diligently for the past year or more
on the necessary steps for the transfer of the water and sewer facility assets and
operations
PWA'
s
to the
new
Certificate
of
Maumelle Public Water
Existence is
enclosed
Authority (" PWA"). A copy of the
As you are further aware,
herewith.
former and present Maumelle City Council Members Burch Johnson and. Preston
Lewis are members of the PWA Board of Directors and one or the other or both of
them have been present at most of the MSID Board of Commissioners meetings
during this time period. The Acquisition Agreement by and between MSID and
the PWA was approved by Order of the Pulaski County Court on December 2,
2014 a copy of which is enclosed herewith. The Acquisition Agreement envisions
the PWA issuing revenue bonds in an amount sufficient to pay MSID a sum of
money equal to the amount necessary to pay off all of MSID' s long term debts and
Additionally, MSID has identified
approximately $ 30 million in capital improvements needs to upgrade its aging
water and sewer facilities many of which are over 45 years old. These capital
improvements needs have been prioritized with MSID identifying $ 10 million
worth of the most critical needs one of which has been completed recently using
short teiin bank
financing. The plan has been for the PWA to issue approximately
any
22
other
million
interim
in
new
construction
bonds in
order to
its existing debt and to
use to pay for the most critical
pay
loans.
off
pay approximately $ 12 million to MSID to
generate $
capital
10 million in new funds for the PWA to
improvements
needs.
MSID and the PWA
are being advised and assisted in this transaction by Jack Truemper of Stephens,
Spivey of Wright, Lindsey & Jennings law firm. It had been hoped
the bond issue and sale transaction would have been completed by early summer
Inc.
and
Bill
while bond rates remain low.
MSID and the PWA find themselves in the proverbial
the egg" situation. The PWA' s ability to issue $ 22 million in bonds
At this
chicken or
point,
will be based entirely upon MSID' s historical record of operations and finances
including its debt service of its bond financings since the PWA has no financial
history
and at this time
has
no assets or operations.
A critical aspect of the new
financing will be MSID' s annual audit report for 2014. which will be issued in the
next couple of weeks.
Unfortunately,
MSID has been
advised
by
its
auditors that
May 14, 2015
Page 3
this
report will
bulk
of
reflect
which
is
loss
a net
due to
of
approximately $ 900, 000 the overwhelming
however, even without the
expense;
depreciation
depreciation deduction, MSID' s net income for 2014 would provide insufficient
funds for a debt service ratio to support a $ 22 million bond issue by the PWA.
There are several reasons for this shortfall the most significant of which are lower
water usage due to a wetter than usual 2014 and the cost of complying with
unfunded state and federal govermnental regulatory mandates. Additionally, there
have been unanticipated higher maintenance expenses for repairs to the aging
water and sewer facilities.
All of the foregoing background information leads us to the point of this
letter -- MSID has to have a rate increase in order to enable the PWA to issue the
22 million in revenue bonds to complete the asset sale from MSID to the PWA
and to generate sufficient
funds to finance
critical capital
improvement
needs.
As
you are aware, the City of Maumelle still has in its Code of Ordinances, Ordinance
No. 271, adopted in 1995,. which granted the City Council the authority to approve
rates and other terms and conditions for products and services provided by MSID.
By Memorandum dated May 14, 2014,. the Maumelle City Attorney issued a
written opinion to Alderman Steve Mosley with copies delivered to the Mayor and
the other members of the City Council that the City Council does not have the
authority to regulate the water/sewer rates established by the proposed Public
Water Authority. Unfortunately, the PWA has no assets or operations on which to
base a rate increase and the required rate increase to issue the new bonds must be
fully adopted for the sale transaction and the bond issue to close. MSID' s
last rate increase was in 2011 and it took well over a year from its request by
MSID to obtain the City' s final approval. The purpose of this letter is to request
that the City act expeditiously to repeal Ordinance No. 271 so that MSID may
adopt the necessary rate increase to support the $ 22 million bond issue by the
in
place
PWA to
close
the
sale transaction with
MSID.
The plan is for MSID' s General
Manager and Engineer to confer and to consider all available financial information
to
recommend
the
structure
of the
rate
increase
to
the
MSID
Board
of
Commissioners which will be able to act promptly provided that Ordinance No.
271 has been
that this
repealed.
Without the repeal of Ordinance No. 271, it is anticipated
entire process will
be
extended and could
become
mired
down
as
has been
May 14, 2015
Page 4
the case
in the
past.
MSID' s non- compliance with Ordinance No 271 does not
appear to be a viable option since non- compliance with the Ordinance could create
a legal cloud on any rate increase which could jeopardize the marketability of the
bonds issued by the PWA and thus, jeopardize the sale of assets to the PWA.
Thank you for your consideration of this matter.
Very truly yours,
HANKINS LAW F1'
BY: STUART W. HANKINS
Enclosures
cc:
Dave Kaufman
Mary Peyton
Ralph Kearney
Roy Andrews
John Payne
Burch Johnson
Barry Heller
Bill Spivey
SWH
cjs
P. A.
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CERTIFICATE OF EXISTENCE
r,....:-Ard ,,„ •
AS A
PUBLIC WATER AU` I' HORITY OF THE S' FATE OF ,ARKANSAS
1.';`-:',
X
V
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To All Whom These Presents Shall Come. Greetings
Randy Young Executive Director of the Arkansas
C' ommisSi0) 1, do hereby cei tili. that the. 4pplicants,
I. J.
Natural Resources
1,!-, .';;;.-:=.
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1,„ ; :,, -; ,., ,,
Dave Kauffman,. illary Pei:ton, and Ralph Kearney
4
Ilave filed in the office of the Arkansas Natural Re.source.s. Commission, a duly
executed and acknowledged Application for P'ormation of a Public Water Authorit
in compliance with the provisions of the law uncler the name and style of
i;
Maumelle Public Water Authority of the State ofArkansas
11
And it is hereby declared that it is a public body politic and governmental entity of
the State of Arkansas, by the mine and stl le aforesaid with all the powers,
ivileges and
innnunities
granted
in the law' hereunto,
including
li
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K
the authority
necessary to accept„ A taumelle Water itfanagement' s approved service areas foi
l'il
v, -
drinking water and sewer service.
In Te.stinmy Whereof I have hem ewno Sc! my hand and affixed my official seal.
Done
at
my
office
in the
City
of Little
Rock
11114
this
clay of August, 2014.
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J. Randy Youn,g, P. E.
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Executive Director
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4rkanscis Natural Resources Commission
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Mark
artin
ARKANSAS SECRETARY OF STATE
t„.:„.„...
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To All to Whom These Presents Shall Come, Greetings:
4
4.-
1, Mark Martin, Arkansas Secretary of State of Arkansas, do hereby certify that
the following and hereto attached instrument of writing is a true and perfect copy of
Articles of Incorporation
T:,...
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i,
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of
C.-:•'
MAUMELLE PUBLIC WATER AUTHORITY OF THE STATE OF
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ARKANSAS
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filed in this office
August 11, 2014.
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In Testimony Whereof, I have hereunto set my hand
and affixed my official Seal. Done at my office in the
City of Little Rock, this 11th day of August, 2014.
D:,.....--:.
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11.:.
Arkansas
4.-
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i
Secretaly
of
State
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IN THE COUNTY COURT OF PULASKI COUNTXi;, I iftANW
CrwE
IN THE MATTER OF MAUMELLE SUBURBAN
IMPROVEMENT DISTRICT NO. 500 also
known as MAUMELLE WATER.MANAGEMENT
FIUD 12/ i22/ 14 10 : 511R
ORDER
On this day comes on to be heard the Petition of Petitioner, Maumelle
Suburban
Improvement
District
No.
500
also
known
as
Maumelle
Water
Management (" MSID No. 500") For Approval of Acquisition Agreement For The
Purchase of Assets, Assumption of Liabilities And The Donation of Equity In The
Assets, appearing
by
and
through its General Manager,
Barry
Heller, and its
attorney, Stuart W. Hankins.
From the Petition filed herein, statements of counsel and other matters, proof
and things before the Court, the Court finds as follows:
1.
That Notice of Public Hearing has been published in a local.
newspaper in the time and manner as prescribed by law.
2.
That no interested parties appeared at the hearing of this cause and no
objections have been filed.
3.
obligations
That MSID No.
required
of
it
as
500 shall be entitled to fully perform all of the
set
forth in the Acquisition Agreement For The
Purchase of Assets, Assumption of Liabilities And The Donation of Equity In The
Assets attached as Exhibit" C" to the Petition filed herein on October 15, 2014.
IT IS SO ORDERED.
d4,.„ L")
COUNTY JU
7:
i 212_, 1,r
DATE
SUBMITTED BY:
HANKINS LAW FIRM, P. A.
1515 East Kiehl Avenue
Sherwood, AR 72120
501) 833- 0168
Attorneys for Petitioner
Maumelle Suburban Improvement
District No. 500 also known as
Maumelle Water Management
1
) //
41,,,)
ti‘ / ,
By: , , ' V
STUART W. HANKINS
ARK. BIN 72050
1/
11
IL
E
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF MAUMELLE
SEPTEMBER 20, 2010
6: 00 PM
CITY HALL
Mayor Watson called the meeting to order at 6:00 p.m. with eight members present.
Alderman Witonski gave the Invocation and led the Pledge of Allegiance.
MINUTES— September 7, 2010
Alderman Stell moved to approve the minutes of the September 7, 2010 meeting. Alderman
Johnson seconded the motion and it passed unanimously.
Alderman Adams thanked Mr. Winningham for providing information regarding budget . .
amendments passed this year.
Alderman Johnson moved to approve the financials. Alderman Hogue seconded.the motion and
it passed unanimously.
PROCEDURAL MOTION
Alderman Brainerd moved to have all ordinances and resolutions read by title only. Alderman
Adams seconded the motion and it passed unanimously.
ORDINANCE 754 CONCERNING DEDICATION OF STREETS AND DRAINAGE
With no objections, Mayor Watson called for the third reading ofthe ordinance amending the
timing and method of acceptance and ownership of public improvements, by title only. The City
Clerk gave the reading.
Alderman Stell thanked the City Attorney, Planning Commission and others who had worked on
this ordinance.
Alderman Stell moved to approve the ordinance. Alderman Brainerd seconded the motion and it
passed unanimously.
ORDINANCE 736 CONCERNING ANNEXATION AND DETACHMENT
With no objections, Mayor Watson called for the second reading of the ordinance for the
simultaeous detachment and annexation of land, by title only. The City Clerk gave the reading.
Page 1
of 5
Alderman Ladner moved to approve the ordinance. Alderman Witonski seconded the motion
and it passed unanimously.
Alderman Witonski moved to approve an emergency clause. Alderman Adams seconded the
motion and it passed unanimously.
With no objections, Mayor Watson called for the reading of the resolution amending the 2010
General Fund Budget for the purpose of mold remediation at the fire and courts building, LLC,
by title only. The City Clerk gave the reading.
Alderman Ladner moved to approve the resolution. Alderman Stell seconded the motion and it
passed unanimously.
ORDINANCE 757 REGARDING WATER RATES
With no objections, Mayor Watson called for the first reading of the ordinance repealing
Ordinance 271 which grants the City Council the authority to approve water rates, by title only.
The City Clerk gave the reading.
Mayor Watson stated that this had been requested by Maumelle Water Management..
'
Alderman Brainerd stated that he hoped this would start a conversation about accountability. He
stated that if there was no accountability, that he did not want blame for the water rates.
Alderman Witonski stated that he would like to have a definite answer on whether or notthe
Council had the authority to approve rates, but could not support this ordinance.
Mayor Watson stated that could only be determined by a court of law.
City Attorney Davis stated that this ordinance would have us rely on state law. She stated there
might be a public notice requirement there for the utility to raise rates, but that she was not sure.
Alderman Stell stated that the current ordinance was a fail safe for our citizens and that we have
an obligation to stand up for them. He stated that he was okay if we had to go to court but would
not vote for this ordinance.
Alderman Brainerd agreed. He added that he wanted to see a water commission appointed by
the City or elected to fix the current situation.
Mayor Watson stated that would have to be done by state law.
Alderman Adams asked Mr. Heller, MWM General Manager, if$4 million would cover their
infrastructure needs. Mr. Heller stated that it would only be a drop in the bucket for their 30 year
old infrastructure. He also noted that Maumelle had some of the lowest water rates around.
Alderman Adams stated that you could not have a viable city without a viable sewer and water
utility. She asked how the water board was elected. Mr. Heller stated that they were selected by
the remaining sitting commissioners.
Page 3
of
5
Alderman Hogue asked if MWM was a non profit. Mr. Heller stated that it was.
Alderman Hogue stated that she could not support this ordinance and that the system now in
place was a good one.
Alderman Ladner stated that the Council provided an open forum for citizens and has been open
and fair when considering water rates. He stated that there needed to be improvement in the area
of reasoning and data provided to the City however.
Mr. Heller
stated that a 5% increase was just not enough to tackle the problems that they face but
admitted that they hadn' t presented a very good case.
Alderman Stell stated that nothing from their last request had been lost yet and that the Council
should review the situation again in November as they said they would.
Alderman Johnson stated that MWM needed to have a reserve so they did not always have to
rely on debt to address problems.
Alderman Stell moved to defer the further consideration of this ordinance to the October 18th
City Council meeting. Alderman Witonski seconded the motion and it passed unanimously.
Mr. Heller noted that all were welcome to speak at MWM meetings.
RESOLUTION 2010- 20 REGARDING SURPLUS PROPERTY
With no objections, Mayor Watson called for the reading of the resolution approving the disposal
of surplus police cars from the police department, by title only. The City Clerk gave the reading.
Alderman Hogue moved to approve the resolution. Alderman Stell seconded the motion and it
passed unanimously.
RESOLUTION 2010-21 SUPPORTING CONSTITUTIONAL AMENDMENTS
With no objections, Mayor Watson called for the reading of the resolution supporting
amendments to the Constitution of the State of Arkansas, by title only. The City Clerk gave the
reading.
Alderman Stell stated that Alderman Hogue and he had heard about this at the Municipal League
and encouraged the Council to support this.
Alderman Brainerd moved to approve the resolution. Alderman Hogue seconded the motion and
it passed unanimously.
MAYOR' S COMMENTS
Mayor Watson stated that he would be out of town on a Metroplan trip from September 28- 30.
Page 4
of
5
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF MAUMELLE
OCTOBER 18, 2010
6: 00 PM
CITY HALL
Mayor Watson called the meeting to order at 6: 00 p.m. with eight members present.
Alderman Ladner gave the Invocation and led the Pledge of Allegiance.
SPECIAL GUESTS AND ANNOUNCEMENTS
Members of the Maumelle Middle School Band played the National Anthem and invited all to
attend the BBQ Band and Boogie fundraiser for their band.
MINUTES— October 4, 2010
Alderman Adams moved to approve the minutes of the October 4, 2010 meeting. Alderman
Johnson seconded the motion and it passed unanimously.
PUBLIC COMMENT
Jane Grey Todd, of 8217 Easy Street in.Sherwood, introduced herselfto the Council and public
as a candidate for Justice of the Peace, District 13. She highlighted several issues that she was
campaigning on including watershed and safety issues.
Alderman Brainerd moved to approve the financials. Alderman Johnson seconded the motion
and it passed unanimously.
PROCEDURAL MOTION
Rolfe seconded the motion and it passed unanimously.
ORDINANCE 755 CONCERNING DEDICATION OF DRAINAGE
With no objections, Mayor Watson called for the third reading of the ordinance accepting
dedication of certain drainage in Maumelle, by title only. The City Clerk gave the reading.
Mayor Watson told the Council of issues Steve Mosley had brought up questioning the ability
the POA had to donate this easement to the City.
City Attorney Davis stated that the only question was on the general common property and that
third party ownership was highly unlikely.
Page 1
of
4
Alderman Brainerd asked if we would maintain and upkeep property that is not ours. Ms. Davis
said yes and Mayor Watson pointed out that we maintain drainage easements in several other
areas.
Alderman Stell moved to approve the ordinance. Alderman Ladner seconded the motion.
Alderman Ladner received clarification on the area to be maintained and suggested moving
forward with a title search on the land in question.
Alderman Adams stated that lots of Maumelle water drains through this area and she would be
voting for this ordinance.
Alderman Witonski asked if we should wait for the title search. Ms. Davis stated that it would
not change what will be done because we are only dealing with the launch ramp area.
David Bean, of 9 Breezewood Drive, stated that this was not a River Run issue and that this had
been started a long time ago.
Alderman Brainerd stated that the ditch should be in good repair before being turned over to the
City.
Alderman Stell stated that he could argue we took over this easement seven years ago and now
we were just clarifying that.
The ordinance then passed with only Aldermen Hogue and Brainerd voting no.
ORDINANCE,757 REGARDING WATER RATES
Mayor Watson asked that this ordinance be deferred until after the Council and Maumelle Water
Management had a chance to sit down with a facilitator. He stated that this would take place on
the 27th.
Alderman Brainerd
moved
to defer the
ordinance until
the November
15th
meeting. Alderman
Adams seconded the motion and it passed unanimously.
ORDINANCE 758 CONCERNING COMPENSATION FOR ELECTED OFFICIALS
With no objections, Mayor Watson called for the second reading of the ordinance setting
compensation schedules for elected officials in Maumelle, by title only. The City Clerk gave the
reading.
Mayor Watson, Alderman Stell and Alderman Witonski again thanked the committee for their
work on this ordinance.
ORDINANCE 759 ACCEPTING AND CONFIRMING STREET DEDICATION
With no objections, Mayor Watson called for the first reading of the ordinance accepting and
confirming the dedication of certain streets and drainage associated with the Phase I, Ridgeview
Subdivision in Maumelle. The City Clerk gave the reading.
Page 2
of 4
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF MAUMELLE
NOVEMBER 15, 2010
6: 00 PM
CITY HALL
Mayor Watson called the meeting to order at 6: 00 p.m. with seven members present. Alderman
Adams was absent.
Alderman Stell gave the Invocation and led the Pledge of Allegiance.
MINUTES— November 1, 2010
Alderman Johnson moved to approve the minutes of the November 1, 2010 meeting. Alderman
Hogue seconded the motion and it passed unanimously by all in attendance.
PUBLIC COMMENT
Marion Scott, of 12 Spring Drive in Maumelle, gave information about Hometown Thanksgiving
and invited everyone to attend. She also asked for volunteers and baked goods for the cake walk.
She noted that tickets would be$ 6 at the door.
Alderman Johnson moved to approve the financials. Alderman Brainerd seconded the motion
and it passed by all in attendance.
PROCEDURAL MOTION
Rolfe seconded the motion and it passed unanimously by all in attendance.
ORDINANCE 757 REGARDING WATER RATES
Alderman Stell suggested withdrawing or deferring Ordinance 757.
Alderman Brainerd moved to table Ordinance 757. Alderman Ladner seconded the motion, and it
passed unanimously by all in attendance.
ORDINANCE 759 ACCEPTING AND CONFIRMING STREET DEDICATION
Mayor Watson stated that Metropolitan Bank suggested that the council defer Ordinance 759
until
the December
6th
meeting due to issues concerning a certificate of deposit and erosion
issues.
Alderman Brainerd
to defer Ordinance 759
6th
meeting. Alderman
Hogue seconded this motion and it passed unanimously by all in attendance.
moved
Page 1
of
3
until
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TREASURER OF STATE
Dennis Milligan
500 Woodlane Street, Suite 220
Little Rock, Arkansas 72201
Treasurer
Maumelle City Treasurer
Maumelle, AR 72113- 6907
City Sales and Use Tax Funds Distribution
From April, 2015
Effective Date: 5/ 26/ 2015
Maumelle Sales and Use Tax
180, 070. 63
Deposits
5, 402. 12
Service Charge
8. 55
Interest Earned
0. 42
Vending Decals
174, 677. 48
Amount Distributed
Telephone:( 501) 682- 5888
Fax:( 501) 682- 3820
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Agency
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Name:
:
City, St Zip:
220
TREASURER
STATE
LITTLE
ROCK
Vendor Number:
OF
AR
BLDG
72201
15DDA- 0895568
Warrant Date:
5/ 21/ 2015
Payment Date:
5/ 21/ 2015
0800000607 _
Net Amount
Document Text
Invoice#
80313299982015
Warrant Numb:
501- 682- 1413)
STATE
CAPITOL
Local Sales
and
174, 677. 48
Use Tax
TOTALS
THIS
WARRANT
174, 677. 48
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TREASURER OF STATE
Dennis Milligan
Treasurer
County Sales and Use Tax Funds Distribution
For April, 2015
Effective Date: 5/ 26/2015
Pulaski County Sales and Use Tax
Alexander
City Treasurer
Cammack Village
Jacksonville
Little Rock
Maumelle
City
Treasurer
City Treasurer
Amount Distributed
Population
1. 000
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4,464. 05
1. 000
768
14, 527. 09
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28, 364
536, 518.73
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193, 524
3,660, 599. 76
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324, 646.42
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558, 441. 78
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Sherwood
Treasurer
City Treasurer
North Little Rock
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Telephone:( 501) 682- 5888
Fax:( 501) 682- 3820
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Agency
Address
Name:
:
City, St Zip:
TREASURER
220
STATE
LITTLE
Vendor Number:
OF
CAPITOL
ROCK
AR
BLDG
72201
15DQA- 0$ 95571
Warrant Date:
5/ 21/ 2015
Payment Date:
5/ 21/ 2015
0800000607 _
Invoice#
80313316312015 _
Warrant Numb:
501- 682- 1413)
STATE
Net Amount
Document Text
Local
Sales
and
Use
324, 646. 42
Tax
r
TOTALS
THIS
WARRANT
324, 646. 42
r4
4
t,•
r
TREASURER OF STATE
Dennis Milligan
Treasurer
For April, 2015
Little Rock National AF Pulaski Co Sales and Use Tax
Alexander
City
Little Rock
Maumelle
1. 000
236
9. 72
1. 000
768
31. 63
1. 000
28, 364
1, 168. 09
1. 000
193, 524
7,969. 71
1. 000
17, 163
706. 81
1. 000
62, 304
2, 565. 80
Treasurer
1. 000
48, 752
2,007. 71
Treasurer
1. 000
29, 523
1, 215. 82
1. 000
2, 114
87. 04
Treasurer
City
Treasurer
North Little Rock
Pulaski
County
Sherwood
City Treasurer
Treasurer
City Treasurer
City
City
Wrightsville
Amount Distributed
Population
Cammack Village
Jacksonville
Percentage
Rate
City
City
Treasurer
Treasurer
Total
Telephone:( 501) 682- 5888
Fax:( 501) 682- 3820
15, 762. 33
Agency
Address
C; ty, St
Name:
:
Zip:
TREASURER
22o
STATE
LITTLE
Vendor Number:
CiTIF
CAPITOL
ROCK
AR
BLDG
72201
15DDA- 0895569
Warrant Date:
5/ 21/ 2015
Payment Date:
5/ 21/ 2 015
0800000607 _
Net Amount
Document Text
Invoice#
80313313242015 _
Warrant Numb:
501- 682- 1413)
STATE
Local
Sales
and
Use
706. 81
Tax
TOTALS
THIS
WARRANT
706. 81
ov
1S2
41
y.
7
i
412KCAVSN
TREASURER OF STATE
Dennis Milligan
Treasurer
For April, 2015
North Little Rock AF Pulaski Co Sales and Use Tax
Alexander
City
Treasurer
Cammack Village
Jacksonville
Little Rock
Maumelle
City Treasurer
City Treasurer
City Treasurer
1. 000
236
8. 08
1. 000
768
26. 28
1. 000
28, 364
970. 64
1. 000
193, 524
6, 622. 56
1. 000
17, 163
587.33
1. 000
62, 304
2, 132. 10
1. 000
48, 752
1, 668. 34
City Treasurer
1. 000
29, 523
1, 010. 30
1. 000
2, 114
72.35
County
Sherwood
Amount Distributed
Population
Treasurer
North Little Rock
Pulaski
City
Treasurer
Percentage
Rate
Wrightsville
City
City Treasurer
Treasurer
Total
Telephone:( 501) 682- 5888
Fax:( 501) 682- 3820
13, 097. 98
Agency
Address
Name:
:
City, St Zip:
TREASURER
220
STATE
LITTLE
Vendor Number:
OF
ROCK
AR
BLDG
72201
15DDA- 0895570
Warrant Date:
5/ 21/ 2015
Payment Date:
5/ 21/ 2015
0800000607 _
Net Amount
Document Text
Invoice#
80313315172015 _
Warrant Numb:
501- 682- 1413)
STATE
CAPITOL
Local
Sales
and
Use
587. 33
Tax
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