Board of Directors

REVISED AGENDA OFF-SITE WORK SHOP - WALKING TOUR OF FIRE STATION #2 / 5: 30 - 6:15 PM SILOAM SPRINGS BOARD OF DIRECTORS MARCH 20, 2018 BOARD MEETING / 6:30 PM Regular Board of Directors Meeting: Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance Approval of Minutes Regular Meeting of March 6, 2018 I. Public Input Items from the Public not on the Agenda (public may address any City business not listed on the agenda) II. Regularly Scheduled Items Contracts and Approvals A. Parking Lot Lease Agreement / First United Methodist Church B. Solid Waste Service Contract Extension / Public Works Department / Sanitation Division / Waste Management of Arkansas C. Flatbed Dump Truck Purchase / Public Works Department / Street Division / MHC Kenworth-Volvo Springdale / $86,127.24 Ordinances D. Ordinance 18-04 / 3rd Reading / Amending Municipal Code / Section 18-86 Electrical Inspection Fees E. Ordinance 18-05 / 2nd Reading / Amending Section 102-21 of the City Municipal Code / Rezoning from I-1 to C-1A / 609 N. Gunter St. F. Ordinance 18-06 / 1st Reading / Amending Municipal Code / Chapter 98, Article II – Electrical Staff Reports G. Administrator’s Report III. Directors Reports IV. Adjournment  MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD MARCH 6, 2018 The Board of Directors of the City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on March 6, 2018. The meeting was called to order by Mayor John Turner. Roll Call: Johnson, Smiley, Burns, Beers, Carroll, Smith, Coleman – Present. Also present: Phillip Patterson, City Administrator; Jay Williams, City Attorney; Renea Ellis, City Clerk; Derek Spicer, Police Captain; Jeremey Criner, Fire Chief; Ben Rhoads, City Planner, Don Clark, Community Services Director, and Phil Stokes, Electric Director. Opening prayer was led by Bob Coleman. Mayor Turner led the Pledge of Allegiance. A copy of the February 20, 2018, minutes of the regular meeting had previously been given to each Director. A motion was made by Smiley and seconded by Johnson to approve the minutes. Turner called for a voice vote. Motion passed unanimously. Public Input: No one came forward. Item A: Arkansas Department of Transportation / Grant Application / Taxi Van. Don Clark briefed the item. A motion was made by Smiley and seconded by Coleman to approve the item. Motion passed unanimously. Item B: Ordinance 18-04 / 2nd Reading / Amending Municipal Code / Section 18-86 Electrical Inspection Fees. Phil Stokes briefed the item. A motion was made by Burns and seconded by Johnson, to place Ordinance 18-04 on its second reading, suspending the rules and reading title only. Motion passed unanimously. An Ordinance entitled: An Ordinance calling a special election in the city of Siloam Springs, Arkansas on the question of issuing bonds under Amendment No. 62 to the Constitution of the State of Arkansas for the purpose of financing the cost of water improvements; levying a five-eighths of one percent (0.625%) sales and use tax for the purpose of retiring such bonds; and prescribing other matters pertaining thereto; was read on its second reading. Item C: Ordinance 18-05 / 1st Reading / Amending Section 102-21 of the City Municipal Code / Rezoning from I-1 to C-1A / 609 N. Gunter St. Ben Rhoads briefed the item. A Motion was made by Smiley and seconded by Beers, to place Ordinance 18-05 on its first reading, suspending the rules and reading by title only. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Section 102-21 of the Siloam Springs Municipal Code (city zoning map); Rezoning (from I-1 to C-1A) the property located at 609 N. Gunter Street; was read on its first reading. Board of Directors Meeting Minutes Page | 2 March 6, 2018 Item D: Resolution 11-18 / Facility Usage Agreement / Siloam Springs Futbol Club. Jon Boles, Parks & Rec Manager, briefed the item. A motion was made by Beers and seconded by Smiley to approve Resolution 11-18. Motion passed unanimously. Item E: Staff Reports: Administrator’s Report. Patterson pointed out that each director had received a copy of the December 2017 financials. He reported on an expenditure at the wastewater plant for polymer for processing biosolids in an estimated cost of $33,228.00; the workshop on March 20th would be an off-site, walking tour of Station 2; Girls Night Out would be March 8th and City Staff would be assisting with crossing the streets and getting safely to the downtown businesses due to the downtown construction. The Mayor told a story about foosball being played at his home when he was younger. Directors Report. Beers said he was sorry to have missed the last meeting, but he was out of the country recruiting for the Walton scholarship program; thanked the Walton Family Foundation for diversifying this community; he did watch the meeting online and thanked those responsible for the tech work to allow this. Great job, Small Business Revolution, Main Street, the Chamber; there are 34,000 small government municipalities and for Siloam to have been chosen for the top 5 was astounding. He also said he was proud of the police department and asked if we are doing everything we can to keep our students safe. Patterson addressed the question and reported on how the city partners with the SRO’s and the school district. He said he believed the SSPD would respond to any threat. Burns said: he had no doubt the city was tactically sound; he saw the futsol court in use during the nice weather; thanked the Herald Leader for the article on crosswalks; he was excited to see the work on Tahlequah trail system; small town revolution show had inspired the community to be better; said he may not be present for the workshop on the 20th but gave public support on the remodel. Johnson said he was proud to see the construction on streets and trails in the area; proud to be a citizen. Carroll said he has completed orientation with all the different departments and was impressed with what he saw; he is appreciative of the unity our community shows. Smiley said she was appreciative of the cooperation between the school system and our police department to keep our children safe; even though we did not win with the business revolution, it brought a lot of attention to our community. Community support and citizens who deeply care about Siloam Springs and what goes on, is why she likes living here; daylight’s savings time starts with weekend; and that she loves living here-appreciates our community and staff. Coleman seconded Smiley and Carroll’s comments on unity in this town. He thanked Main Street, the Chamber, staff and Holland for the efforts put out to become #1 in the HULU competition. We are still number one; he observed the crosswalk in front of the library and noticed no one “punched” the button. He asked for further education on crosswalk warning signs; he was proud to be a member of the citizenry and of the Board of Siloam Springs. A Motion to adjourn was made by Coleman and seconded by Smiley. A voice vote was called. Motion passed unanimously. Meeting adjourned. APPROVED: ATTEST: Renea Ellis, City Clerk John Mark Turner, Mayor {seal}  STAFF REPORT TO: Mayor and Board of Directors FROM: Phillip Patterson, City Administrator DATE: March 13, 2018 RE: Parking Lot Lease Agreement / First United Methodist Church Recommendation: Approve the agreement with the First United Methodist Church for the City to lease approximately 22 parking space for use as public parking and authorize the city administrator to execute the agreement. Background: In early 2017, based on the proposed park development for the land surrounding the library, staff began discussions with representatives of the First United Methodist Church regarding the possibility of leasing one of the church’s parking lot for the purposes of providing additional public parking for the proposed park development. The subject parking lot is in the southeast corner of the E. Twin Springs Street and S. Maxwell Street intersection (see aerial view below), immediately across Maxwell Street from the proposed park, and contains 22 parking spaces. The parking lot needs improvements, and the minister, Rev. Clark Atkins, and the church trustees have agreed to lease the parking lot to the city in exchange for the city making the needed improvements and providing future routine maintenance. The deal points of the proposed lease agreement are as follows: • The church will grant an exclusive lease of the parking lot to the City for use as public parking; • In 2019, or earlier, the City will reconstruct the parking lot by removing the old asphalt, patching the sub-grade and laying down new asphalt, and will replace the zig-zag concrete curb on the eastside with a new straight curb at cost of approximately $10,000; • The church will retain the right to use the lot for specific church functions, which is every Sunday from 8:00 AM to 12:30 PM, and every Wednesday from 5:00 PM to 9:00 PM; • The church will retain the right to use the lot for special church functions subject to a 48-hour notice to the City. The church will be responsible for posting the lot as being unavailable for public use during these special functions, and the church is limited to no more than 12 special functions per calendar year, unless otherwise approved by the City; • The City will provide routine maintenance of the reconstructed asphalt surface include striping, pothole repairs, crack sealing, and snow removal, all in a manner consistent with existing maintenance levels of other city parking lots. Routine maintenance doesn’t include repair or replacement due to damage caused by catastrophic events;  • The term of the lease is for 10 years with a 90-day termination clause. Should the church terminate the lease prior to the end of the initial term, the church will pay the City $1,000 for every year remaining on the lease; • The lease will automatically renew for1-year terms after the initial 10-year term; and • The financial obligation of the City is subject annual appropriation by the City’s Board of Directors. Fiscal Impact: The City’s financial obligations include the reconstruction of the parking lot at an estimate cost of approximately $10,000, routine maintenance, and the installation of the appropriate signage. In exchange for this the City will increase the available public parking in and around downtown, and adjacent to the future park, by an additional 22 spaces. Unless the project is proposed to be completed this year, which will require a budget amendment, the project will be included in the Street’s divisions 2019 capital budget. Attachments: None Aerial View of Subject Property Page 2 of 2  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Steve Gorszczyk, Public Works Director DATE: March 13, 2018 RE: Solid Waste Service Contract Extension / Public Works Department / Sanitation Division / Waste Management of Arkansas Recommendation: Approve a one-year extension to the solid waste service contract with Waste Management of Arkansas. Background: The Solid Waste Division has an existing service contract with Waste Management of Arkansas that expired on March 9, 2018. A letter was provided by the Waste Management Area Manager that will honor the existing contract until the Board approves the one-year extension. A one-year extension to the contract is requested for two reasons: 1. We have not received our tractor and two trailers which will allow us to begin hauling our own trash. The one-year extension contains the current cost of $36.36 per ton for Waste Management’s contract hauler to haul our trash to the landfill. This cost is the landfill tipping fee of $27.71 per ton plus the hauling fee of $8.65 per ton. There is a provision in the contract for just the landfill tipping fee of $27.71 per ton by hauling trash ourselves once we are ready. 2. A one-year extension will give us time to negotiate tipping fees for a five-year contract with Waste Management to get away from one-year extensions. Fiscal Impact: The one-year extension keeps us at the same rate of $36.36 per ton with a contract hauler as it has been since 2016. When we begin hauling ourselves, the rate will drop to $27.71 per ton. The savings of $8.65 per ton in hauling fees will realize a savings of as much as $259,335.65 annually when we begin hauling our own trash. This is based on 29,981 tons hauled to the landfill in 2017. Attachments: None  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Steve Gorszczyk, Public Works Director DATE: March 13, 2018 RE: Flatbed Dump Truck Purchase / Public Works Department / Street Division / MHC Kenworth-Volvo Springdale / $86,127.24 Recommendation: Approve the purchase of a new Flatbed Dump Truck from MHC Kenworth-Volvo in the amount of $86,127.24. Background: The Street Division wishes to replace their 1996 Ford F800 flatbed dump truck. When new, this truck was the Sanitation Division’s recycle truck. When the Sanitation Division purchased a new recycling truck, the Street Division took the truck and modified it for its present purpose. A flatbed dump truck is used for smaller jobs such as collecting brush that is cut away from street signs and is thrown in the truck by hand. It is also the truck of choice when the mini-excavator is used because the operator can see the bottom of the bed and does not need to drop material in as would be the case with a dump truck. The excavator also does not need to reach as high to dump its contents, thus limiting material falling on the ground. Fiscal Impact: There is $90,000 in the 2018 budget for this purchase in the Capital Outlay (20-01- 599999-000). The purchase will be made using the National Joint Powers Alliance (NJPA) government procurement service. Purchasing through NJPA eliminates the requirements of competitive bidding since that process has previously been done by NJPA. Attachments: None ._ - ~ - ·~ - - - --- - .. - - ~ - - - -- - -- -- Siloam - S~ . STAFF REPORT ' It's a natumJ. TO: Phillip Patterson, City Administrator FROM: Phil Stokes, Electric Department Director DATE: February 9, 2018 RE: Ordinance 18-04 I Amending Municipal Code I Section 18-86 Electrical Inspection Fees Recommendation: Place Ordinance No. 18-04 on its _ _ _ (1st, 2nd or 3rd) reading, suspending the rules and reading by title only." Background: Staff recently reviewed the electrical inspection fee section of the City Code and proposes to simplify the electrical fee calculations. In addition, staff researched similar fees from surrounding cities and visited with contractors to develop the revised fee schedule. Fees the surrounding cities charged were based either on the property valuations or the number of openings and appliances plus inspections. Our simplified new fees for permits and fees in the surrounding cities are comparable. The proposed revisions will make the process of calculating the total electrical permit fee more user- friendly. Staff recommends approval of the attached ordinance updating the electrical permit fee section of the City Code. Fiscal Impact: Last year approximately $22,000 of revenue was generated through the issuance of 229 electrical permits. Based on the proposed revised fees, an additional $4000 of revenue would be expected. Attachments: Proposed Code Amendments Ordinance No. 18-04 --- - P.O. Rox 80 •Siloam Spi-ings, J\R 72761 •wvvw.siloamsprings.com - - - - . -  PROPOSED AMENDMENTS TO CITY CODE SECTION 18-86 - ELECTRICAL INSPECTION FEES Sec. 18-86. - Electrical inspection fees. The following fees shall be charged by the city for electrical inspections on electrical permits: (1) Item: a. Per trip (inspection or re inspection) ..... $ 25.00 a. Miflimum pennit charge ..... 25.00 c. Temporary pole inspection ..... 25.00 (2) Ne·.v single family d·.vellings (total square footage), installations, and hranch cir6'l:lits: a. 0 1,500 square feet ..... 50.00 h. 1,501 2,000 square feet ..... 60.00 c. 2,001 3,000 square feet ..... 70.00 d. 3,001 4,000 square feet ..... 100.00 e. Each additional 1,000 square feet or fraction ..... 20.00 (3) Services only, commercial or residential: a. 0 100 amps ..... 20.00 h. 101 200 amps ..... 35.00 c. 201 400 amps ..... 40.00 d. 401 600 amps ..... 50.00 e. 601 800 amps ..... 70.00 f. 801 1,000 amps ..... 100.00 g. 1,001 2,000 amps ..... 150.00 (4) Branch and feeder cir6'l:lits, commercial or residential: a. 0 29 amps ..... 3.00 a. 30 59 atRfJS ..... 5.00 c. 60 99 amps ..... 7.00 d. 100 200 amps ..... 10.00 e. Each additional 100 amp or fraction ..... 4.00 (5) Remodeling work, commercial or residential, vmere no new hranches or feeder cir6'l:lits are added, and no changes or additions are made to the service entrance: a. Per opening or col1:B:ection (receptacles, s\vitches) ..... 2.00 b. Per piece of equipment (motors, transformers, starters) ..... 3. 00 (6) Multifamily and apartment buildings, service and branch circuits: a. First six units, per unit ..... 50.00 h. Next ten urats, per unit ..... 30.00 (7) Outdoor area lighting: a. 0 30 amps, per unit ..... 10.00 (8) Underground conduit inspections (new developments or subdivisions): a. Electrical ditch inspection per 1,000 feet ..... 50.00 b. In excess of 1,000 feet, per 100 feet in length ..... 10.00 ( 1) Residential Permit Rates a. Temporarv power pole onh $25.00 b. 0-200 amps $150.00 c. 201-400 amps $200.00 d. Over 400 amps $300.00 (2) Residential Remodel Permit Rates a. Per inspection $25.00 I 3 ) Multifamih and Apartment Building Permit Rates a. Perunit $75.00 ( 4) Undernround Conduit Inspection Rates a. Electrical ditch inspection for developers or subdivisions per first 1000 feet $50.00 b. Per each 100 feet or fraction thereof in length after the first 1000 feet $10.00 t 5 I Commercial and Industrial Rates a. Temporary power pole onl \ $50.00 b. Service onh to multi-meter units $300.00 c. 0-200 amns $200.00 d. 201-400 amps $400.00 e. 401-600 amps $600.00 f. Remodel or Addition $150.00 (6) Outdoor Area Li1rhtinl!. a. 0-30 amp, per unit $10.00  ORDINANCE NO. 18-04 AN ORDINANCE AMENDING SECTION 18-86 OF THE SILOAM SPRINGS MUNICIPAL CODE BY REVISING ELECTRICAL PERMIT AND INSPECTION FEES, AND FOR OTHER PURPOSES WHEREAS, the City’s current rate structure for electric permits and inspections fees were adopted in 2004; and WHEREAS, in 2017 the City developed a one-stop permit shop for all building, plumbing, HVAC, and electrical type permits; and WHEREAS, city staff has had the opportunity to review the electrical permit and inspection process, and recommends certain revisions to accommodate customer needs and more accurately reflect actual staff time involved; and WHEREAS, a change in the rate structure of the electrical permit and inspections fees will provide better customer service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRIGNS, ARKANSAS: SECTION 1: Subsection 18-86 of the Siloam Springs Municipal Code is hereby amended to read as follows: Sec. 18-86. - Electrical inspection fees. The following fees shall be charged by the city for electrical inspections on electrical permits: (1) Residential Permit Rates a. Temporary power pole only $25.00 b. 0-200 amps $150.00 c. 201-400 amps $200.00 d. Over 400 amps $300.00 (2) Residential Remodel Permit Rates a. Per inspection $25.00 (3) Multifamily and Apartment Building Permit Rates a. Per unit $75.00 (4) Underground Conduit Inspection Rates a. Electrical ditch inspection for developers or subdivisions per first 1000 feet $50.00 b. Per each 100 feet or fraction thereof in length after the first 1000 feet $10.00 (5) Commercial and Industrial Permit Rates a. Temporary power pole only $50.00 b. Service only to multi-meter units $300.00 Ordinance No. 18-04 Page 1 of 2  c. 0-200 amps $200.00 d. 201-400 amps $400.00 e. 401-600 amps $600.00 f. Remodel or Addition $150.00 (6) Outdoor Area Lighting a. 0-30 amp, per unit $10.00 SECTION 2. Repealer and severability. Prior ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict as of the effective date of this Ordinance. If any provision of a section of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable. Done and Ordained this _____ day of 2018. APPROVED: John Mark Turner, Mayor ATTEST: Renea Ellis, City Clerk (SEAL) Ordinance No. 18-04 Page 2 of 2  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Services Director DATE: February 20, 2018 RE: Ordinance 18-05 / Amending Section 102-21 of the City Municipal Code / Rezoning from I- 1 to C-1A / 609 N. Gunter St. Recommendation: Place Ordinance No. 18-05 on its _____ (1st, 2nd or 3rd) reading, suspending the rules and reading by title only. Background: The applicant, Chris Willis, desires to rezone 609 N. Gunter St., Lot 20 of the Hico Original Addition, the whole consisting of 0.17 acres, from I-1 (General Industrial) to C-1A District (Light Commercial). The Planning Commission reviewed the rezoning application at the February 13th regular meeting. There were no comments from the public. The Commission recommended approval of the rezoning permit by a 7-0 vote with no abstentions. Fiscal Impact: No fiscal impact is anticipated. Attachments: Staff report to Planning Commission Ordinance No. 18-05  STAFF REPORT TO: Planning Commission FROM: Ben Rhoads, AICP, Senior Planner Justin Bland, PE, City Engineer Cc: Don Clark, Community Services Director DATE: January 9, 2018 RE: Rezoning Development Permit, RZ18-01 / Rezone from I-1 to C-1A Recommendation: Motion to approve RZ18-01 (Rezone Development Permit). Background: APPLICATION REVIEW DATE Planning Commission review: February 13, 2018 Board of Directors review: March 6, 2018 APPLICANT AND AGENT Applicant/Owner: Wood Creek Properties Agent: Wood Creek Properties – Chris Willis SUBJECT PROPERTY ADDRESS 609 N. Gunter St. INTERNET MAP INFORMATION Planning staff has created a map made with Google My Maps. Attribution: Map data ©2017 Google Imagery ©2017, Arkansas GIS, DigitalGlobe, Landsat, State of Arkansas, USDA Farm Service Agency Washington County. Please click on the following link to access. This link will only operate if reading this report digitally. https://drive.google.com/open?id=1IlbnBtuquEsDX9_50lNB1yolcaOdMVJx&usp=sharing PROJECT INTENT The applicant desires to rezone Lot 20 of the Hico Original Addition, located at the 609 N. Gunter St., consisting 0.17 acres, from I-1 (General Industrial) to C-1A District (Light Commercial). 2/28/2018 P.N. 03-02195-000. RZ18-01 1 EXISTING LAND USES AND ZONING EXISTING LAND USE EXISTING ZONING Vacant (house recently demolished) I-1 District (Industrial) PROPOSED LAND USE PROPOSED ZONING Shop Building / Office C-1A District (Light Commercial) SURROUNDING LAND USE SURROUNDING ZONING North: Single-Family Residential North: R-2 District (Residential, medium) South: Single-Family Residential South: I-1 District (Industrial) East: Shop Building / Office East: C-1A District (Light Commercial) West: Vacant lot West: I-1 District (Industrial) PROJECT ANALYSIS AND APPROVAL CRITERIA The following criteria are shown to indicate if this proposal meets the minimum criteria for approval. Criteria I-II is a subsection of Sec. 102-51 of the Municipal Code; Criteria III & IV are not directly applicable to the Zoning Code; and Criterion V is Sec. 54-36. I. ZONING USE UNIT CONSISTENCY (a) Purpose The district is established to provide transitional uses of lands between residential or mixed-use zoning districts, and districts containing more intensive uses of lands; and is established to provide convenient access between residences and certain commercial services. (b) Planned uses The property will be use as a small office. The proposed use best falls within Use Unit 8 (Small Office). Use Unit 8 is permitted in the proposed C-1A district. The C-1A zone district allows Use Units 2, 8, 9, 10, 10.1, 11, 12, and 14. These use units permit such uses as, but not limited to, parks, small office, small impact retailer, small motel, bed and breakfast, small service station, small institution, and large government, religious, or healthcare facility. (c) Special uses Special uses for the proposed zone include: Use Units 3 (Residential, single family), 4 (Residential, two-family), 5 (Residential, multi-family), and 13 (Utilities). II. LOT STANDARDS CONSISTENCY The minimum C-1A zone standards are compared with the subject property below. MINIMUM (C-1A) ZONING SUBJECT PROPERTY PROPOSAL REQUIREMENTS Area: 5,000 sq. ft. 7,405 sq. ft. or 0.17 acres Width: 50 ft. 60 ft. Maximum Lot Coverage: 60% 0% Maximum Floor to Area Ratio: 0.6 (60%) N/A 2/28/2018 P.N. 03-02195-000. RZ18-01 2  III. COMPREHENSIVE PLAN CONSISTENCY The 2030 future land use map describes this area as industrial. The following zone(s) are appropriate according to the designation: all “I” zones. The proposed C-1A zone is not consistent with the future land use map, however it is generally consistent with the development pattern of this area based on the proposed land use. See staff discussion for additional information. IV. STAFF TECHNICAL REVIEW City staff met to review the project. The proposal meets or exceeds all City standards and all technical comments have been addressed by the applicant. V. LAND USE CODE REQUIREMENTS According to the Land Use Code, a rezoning development permit shall only be authorized when the applicant has convincingly demonstrated that the proposed zoning: (a) Will not substantially interfere with other owners’ reasonable peace and enjoyment of their neighboring properties: City staff is aware of no evidence that the proposed rezoning to light commercial will cause a consistent disturbance to the peace and enjoyment of the neighboring properties. Enforcement of the City Code’s nuisance chapter will ensure that excessive noise, or unsightly debris, etc. is mitigated. These rules ensure that the proposal will not inherently decrease the quality of life standards already in place across the City. (b) Will not substantially damage, without fair recompense, any property value in the neighborhood: Commercial and office uses in this area are not anticipated to impact property values due to similar uses, commercial/office to the east and industrial to the south (south of Cornell St.), which are established in the neighborhood. (c) Will not, whether by the nature of the allowed uses in the proposed zone, or by the allowed siting, height, or design of structures or landscaping in the proposed zone, tend to burden the present or future use of neighboring properties in accordance with current zoning standards: There is no evidence that the proposal will cause substantial burden to the present uses around the area. Traffic is not anticipated increase on N. Gunter St. (d) Is adequately supported by infrastructure, including without limitation, water and sewage systems, streets, and drainage: Water System There is an existing 4” water main that runs on the east side of N. Gunter St. Staff finds this existing infrastructure to be adequate for fire and projected water needs. Sanitary Sewer System There is an existing 6” sewer line on the east side of N. Gunter St. Staff finds this existing infrastructure to be adequate for waste water needs. Storm Sewer System There are no known drainage issues with this site. 2/28/2018 P.N. 03-02195-000. RZ18-01 3  (e) Compared to present zoning of the property, is equally or more consistent with: 1. Sound planning of the city’s growth; and with 2. Public health, safety, and convenience within the neighborhood: The proposed zone is consistent with sound planning pertaining to the City’s growth patterns. The proposed C-1A zone is consistent with the general land use plan, the public health, safety, and convenience within the neighborhood. STAFF DISCUSSION The applicant is requesting to rezone a vacant lot, formerly the location of a single-family house now demolished, as part of the process of preparing the lot for a future shop and office building. The proposed facility will be permitted separately through a building permit or a significant development permit, which—at the time of writing this report—has not yet been submitted to the City for review. The current I-1 zone is inconsistent with the existing lot size and, furthermore, the proposed structure cannot meet the I-1 setbacks because they are intended for much larger lots. Staff believes the proposed zone to be generally consistent with the prevailing land uses in the area, particularly to the east, northeast, and southeast of the subject property, which contain similar shop/office structures. The proposed C-1A zone is identical to the zones adjacent to the east, northeast and southeast encompassing said structures. Because the industrial zones minimum lots sizes are larger than the subject property, staff believes the proposed zone to be the only zone that is most consistent with the intent of the future land use map for the platted lots in the Hico Addition. The minimum lot size for C-2 is 8,000 sq. ft., which is larger than the subject property. Despite the historic residential use on the property, and to the adjacent lots to the north and south, the future land use map does not call for residential uses in the area. All existing lots in the Hico Addition that are zoned I-1 are considered legal non-conforming, the City has no records as to when these lots were zoned to I-1, but likely pre-dates the 1983 Zoning Atlas. LEGAL NOTICE • Site posted: January 2, 2018. • Newspaper legal notification: January 17 and 24, 2018 (Herald-Leader). • Letter legal notification: January 16, 2018. • Staff received no phone calls or correspondence on the request. Fiscal Impact None anticipated. Attachments Site Plan Bird’s Eye View Drone View General Area Map 2/28/2018 P.N. 03-02195-000. RZ18-01 4  4 1 !'tot 1/'J9,.,, ~ 01.I. .. "' ~N~ ,_ ~ .-- -- RAC 1 405 A A ~ s RZ18‐01 – Chris Willis Bird’s Eye View Looking North RZ18‐01 – Chris Willis Drone View Looking East GENERAL AREA MAP Rezoning Permit RZ18-01 ´ -2 R-2 R-4 R-4 C-2 R-4 I-1 R-4 R-4 C C-2 C Subject Property R-2 C-1A C-2 I-1 C I-1 N Hico St. N Gunter St. C-2 E. Cornell St. C- C-2 I-1 I-1 I-1 C-2 C- I-1 I-1 DAWN HILL R N HICO ST N LINCOLN ST STEPHENS RD S HWY 59 BILL YOUN RUSSELL RD N DOGWOOD ST AIRPORT RD N CARL ST E. Tahlequah St. 1 C-2 ¤ C-2 E TAHLEQUAH ST E MAIN ST SILOAM SPRINGS S CARL ST £ S HICO ST 412 E HWY 412 OLD H W S STATE I-1 S LINCOLN ST HWY 16 CL S ELM ST KECK RD AR K RD 0 0.75 1.5 3 Miles LINE RD 1 I1 0 0.0125 0.025 0.05 Miles MT OLIVE ST COUNTRY LN I1 ¬ « 16 YR D  ORDINANCE NO. 18-05 AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM I-1 to C-1A) THE PROPERTY LOCATED AT 609 N. GUNTER STREET Whereas, the landowner, Chris Willis, has requested that the below-described land be changed from the present zoning district of Rezone from I-1 (General Industrial) to C-1A (Light Commercial); and Whereas, a public hearing on the proposed change was held on the 13th day of February 2018, before the City of Siloam Springs Planning Commission, after proper notice required by law; and Whereas, after receiving and considering a staff report, a motion recommending approval of the rezone was passed by the Planning Commission; and Whereas, the proposal is generally consistent with the City’s comprehensive land use plan; and Whereas, upon review and deliberation it appears that the zoning change is in the best interest of the City of Siloam Springs; Now Therefore: Be It Enacted, by the Siloam Springs Board of Directors, as follows: The zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the C-1A zoning district the property located at the 609 N. Gunter Street described as follows: Lot 20 in the Town of Hico, as designated and recorded in plat book “B” at page 76, said Lot being 60 feet North and South and 120 feet East and West. Subject to recorded instruments, covenants, rights of way, and easements. Subject to all prior mineral reservations and oil and gas leases, if any. Ordained and Enacted this day of 2018. ATTEST: APPROVED: Renea Ellis, City Clerk John Mark Turner, Mayor (SEAL)  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Phil Stokes, Electric Department Director DATE: February 9, 2018 RE: Ordinance 18-06 / Amending Municipal Code / Chapter 98, Article II – Electrical Recommendation: Place Ordinance No. 18-06 on its ______ (1st, 2nd or 3rd) reading, suspending the rules and reading by title only.” Background: Staff has recently completed a review of the electrical section of the City Code. A number of sections were identified as needing to be updated or amended. As part of this process, staff also compared certain sections of our Code with other cities in the area. The proposed amendments include: • Increasing the distance for the planting of trees and shrubs next to poles and overhead wires from eight (8) feet to 12 feet; • Requiring co-generation systems to be permitted and approved by the electrical department prior to installation; • Increasing meter testing fee from $5 to $25; • Establishing a meter tampering fee of $100; • Increasing security deposits and establishing a security deposit for industrial users; • Increasing reconnect fees; • Clarifying text and deleting outdated text; • Updating security lighting terminology; and • Updating fees for service extensions. Staff recommends approval of the attached ordinance updating the electrical section of the City Code. Fiscal Impact: Staff is not aware of any negative fiscal impacts associated with the adoption of this ordinance. The proposed increase in fees will generate some additional revenue, but the overall amount will be insignificant. Attachments: Proposed Code Amendments Ordinance No. 18-06  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical DIVISION 1. - GENERALLY Sec. 98-41. - Trees and shrubs; obstruction by. (a) Height. It shall be unlawful for any person to plant any tree or shrub that will grow over 15 feet in the adult stage directly underneath or within eight 12 feet of any pole or wire used by any public utility. For the purposes of this section, the distance of eight 12 feet shall be measured by the drawing of an imaginary line from the wire to the ground so that the imaginary line is perpendicular to the ground; thence going eight 12 feet in either direction at a 90-degree angle from where the imaginary line from the wire strikes the ground. (b) Existing structure. Any existing tree or shrub which overhangs, or which branches, limbs or twigs are within five feet of a pole or wire used by or belonging to a public utility in existence on the effective date of the ordinance from which this section is derived, shall be trimmed by the owner of the premises abutting or of the premises on which such tree or shrub grows so that the obstruction shall cease. The tree or shrub shall not in any manner whatsoever impede or interfere with such poles or wires, and no injury shall be done either to the poles or wires or to the shrubs or trees by their contact. (c) Right of city to correct. If the owner of the premises abutting or the premises on which such tree or shrub grows falls or refuses to trim such tree or shrub back to five feet from such pole or wire, then the city, or its agents or employees, shall trim the branches, limbs or twigs of the tree or shrub back to a distance where the nearest limb, branch or twig of such tree or shrub is no closer than five feet to the poles or wires. (d) Penalty for violation of section. If any person plants any tree or shrub under or within eight 12 feet of poles or wires belonging to any public utility, which tree or shrub will grow over 15 feet high in the adult stage, that person shall be deemed in violation of the provisions of this section and, upon conviction, shall be subject to section 1-7 of this Code. DIVISION 2. - ELECTRIC FRANCHISE Sec. 98-51. - Electric system supervision. The electric system shall be under the supervision of the director of the Siloam Springs Electric Department or other staff members as may be designated by the city administrator. The electric director supervisor shall have complete charge and supervision of the construction, maintenance and operations of the electric generation, transmission, substations, distribution system and all other appurtenances of the electric service system of the city. Sec. 98-52. - General provisions. (a) All users of electricity furnished by the City of Siloam Springs shall be charged for such electricity at the rates herein, from and after the effective date of this chapter. (b) Any consumer using electric service without first having signed an application therefore shall be held responsible for all electric service remaining unpaid at the premises supplied. Service shall not be connected at the premises until all unpaid bills for electric service shall have been paid at the office of the City of Siloam Springs Utility Billing Department. Page 1 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical (c) No other electric power or lighting service shall be used by the consumer in conjunction with the city's service; except for emergency stand-by systems or qualified co-generation systems installed according to national and city codes. Under no circumstances will a consumer be permitted to sell or deliver, in any manner, electric current to other residences or places of business within the city. All co-generation systems must be approved and permitted by the electric department before installation. (d) Properly authorized agents of the city shall at all reasonable hours have free access to premises for examining, repairing or removing its meters and other property and no one who is not an agent of the city shall remove or tamper with same. (e) All residential and retail services shall be supplied through meters furnished and installed by the city. Master metering and combined billing of individual consumer shall be prohibited on newly constructed or remodeled installations with each consumer being metered and billed separately by the city. Installations with master metering in use prior to passage of this chapter may remain unless remodeled but shall be considered as commercial services. Overnight camping, dormitories, hotels, motels, nursing homes and installations which share common kitchen facilities, heating or cooling systems shall be considered commercial accounts and shall be excluded from the requirements of this subsection. (f) The customer may use electricity for power, lighting and heating through the same meter and at the same time. If if voltage variations resulting from this combined use require regulating apparatus, in the judgment of the customer, the required regulation equipment shall be furnished and installed by the customer at their own expense. (g) All rates shall be subject to verification by the personnel of the Siloam Springs Electric Department. (h) Service shall be available from the city at any point within the territory registered to the city with the Arkansas Public Service Commission. No other source of electric power shall be used within the city except as allowed in subsection (c) of this section of the Siloam Springs Municipal Code. Sec. 98-53. - Meters and meter testing. (a) All meters and meter boxes shall be sealed by the city and no one except an authorized employee or agent of the city shall break or damage such seals. If the seals are damaged or jumpers or other devices are found being used with the intent to defraud the city, service may be discontinued without notice to the customer and the customer required to pay any estimated loss of revenue to the city and install new wiring approved by the city electrical inspector. (b) All meters shall be tested by the city at least once every ten years. A request for a meter test made by a consumer shall be accompanied by a fee of $5.0025.00 for testing. Such a request for test does not extend the penalty date for payment and the penalty for late payment as established in this chapter shall be added or established. This fee shall be refunded as a credit to the bill if the meter is found to be more than two percent in error. In the event of an inaccurate meter, the billing shall be recalculated over the last six months and the account shall be adjusted accordingly; provided, however, if the meter seal has been broken and the meter has been tampered with or damaged, no credit adjustment will be allowed, and the Page 2 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical consumer will be billed for the cost or repair of any equipment belonging to the city which has been so damaged at the premises. The customer will be charged an additional $100 tampering fee. If the customer fails to pay these charges, they shall be deducted from the security deposit. Sec. 98-54. - Security deposits; returned checks. (a) Before the electricity is turned on at any premises, a security deposit shall be required on each new, reconnected or transferred customer in the following amounts: Residential service ..... $80.00- $100 Commercial..... 100.00 - $150 Industrial - $250 One-half of the security deposit shall be waived upon the city's confirmation of a written credit reference from another utility, which shall be provided by the service applicant in a form approved by the city administrator. (b) Landowners may elect to make only one security deposit to cover one or more unoccupied dwelling unit, premises or structures. The security deposit shall be $100150.00 for each dwelling unit, premise or structure. Whenever the premises or structure is occupied or has received a certificate of occupancy, the security deposits as otherwise provided in this section shall apply. (c) An additional security deposit equal to two months average bills as reasonably estimated by the city administrator shall be required under any of the following conditions: (1) The customer has failed to pay the bill by the penalty date three or more times in the previous 12-month period. (2) The customer has misrepresented his or her identity for obtaining service. (3) The customer has engaged in unauthorized or fraudulent use or procurement of service or tampered with wires, meters or other utility equipment. This additional deposit shall be refunded when none of the above conditions has existed during the most recent 12-month period, and shall be waived only as provided in the administrative "Policy and Procedure" attached hereto, which may be amended from time to time by further resolution of the board of directors. The additional deposit is not intended as a sanction, and shall not preclude prosecution for violation of any of the requirements of this article. (d) The board of directors of the City of Siloam Springs, Arkansas, waives the requirement of electric deposits for any agency of the State of Arkansas. (e) Beginning January 1, 1993, electric security deposits that were paid prior to January 1, 1987, shall be refunded to the user. Beginning January 1, 1994, electric security deposits that were paid prior to January 1, 1988, shall be refunded to the user. Beginning January 1, 1995, electric security deposits that were paid prior to January 1, 1989, shall be refunded to the user. Beginning January 1, 1996, electric security deposits that were paid prior to January 1, 1990, shall be refunded to the user. Beginning January 1, 1997, electric security deposits that were paid after July 1, 1991, shall be refunded to the user. Security deposit refunds shall be without Page 3 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical interest. However, security deposits shall not be refunded unless the user has a five (5) year uninterrupted payment history that has not been delinquent. "Security deposit" for the purpose of this subsection, shall refer only to residential deposits. Sec. 98-55. - Reconnection and transfers. (a) In the event electric service is disconnected to any customer for nonpayment therefor, the customer must pay the city all arrears accrued to have the electric service reconnected by the city and a reconnection fee of $25.00$50.00 will be collected to cover costs of service calls and record keeping. (b) All services transferred to another customer or reconnected after being disconnected for other than nonpayment shall have a fee of $15.00 collected to cover costs of reading or reconnecting meter and record keeping. (c) All service reconnections and transfers shall be handled between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, excluding holidays unless otherwise authorized by the city administrator or electric system supervisordirector. A charge of $50.00 $100.00 will be assessed for all reconnects for nonpayment on weekends and after 5:00 p.m. weekdays. (d) The board of directors of the City of Siloam Springs, Arkansas, waives the requirement of electric reconnection and transfer fees for any agency of the State of Arkansas. Sec. 98-56. - Residential rates—120. Availability. These schedules are available to residential customers for all domestic uses in residences or individually metered single-family apartments provided that the peak demand is less than 50 KW, or the peak monthly usage does not exceed 10,200 KWH. Where a portion of a residential unit is used for nonresidential purposes, the appropriate nonresidential service schedule is applicable to all uses of electric service. However, these rate schedules may be applied to the residential portion of such use provided customer's wiring is so arranged that the use of electric service for residential purposes can be metered separately from nonresidential use. Residential service—120. Customer charge: Per month (single phase) ..... $12.00 Per month (three-phase existing) ..... 14.00 Energy charge: All usage ..... 0.09189 Minimum monthly bill: The customer charge. Electric utility accounts that have security deposits that are unclaimed after electric service has been disconnected for 60 days shall be charged a monthly service charge of $6.50. When the account balance reaches zero, the account shall be closed. Residential service. All electric—122. Customer charge: Page 4 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical Per month (single phase) ..... $12.00 Per month (three-phase existing) ..... 14.00 Energy charge: All usage. Winter rate: Oct. 21 through May 20 October through May Billing, per KWH ..... $0.05475 Summer rate: May 21 through October 20 May through October Billing, per KWH ..... $0.09198 Plus: Fuel adjustment. Minimum monthly bill: The customer charge. Senior/disabled discount: Heads-of-household qualified for discounted solid waste rates, as provided by section 82-41(a) of the Siloam Springs City Code, shall be eligible for a $5.00 per month electrical discount for their residence. Customers may request said discount by means of written application available from the utility billing office. No more than one discount may be applied per account. The city shall not be liable to provide retroactive discounts for any time prior to its approval of a discount request, regardless of the date the recipient became disabled or obtained age 65. Discounts shall apply to current, residential bills and not to past-due or commercial accounts. Sec. 98-57. - Commercial rates—320. Availability. Available upon written application to from commercial customers for single- phase or three-phase service for all lighting and power uses, provided that the maximum monthly demand does not exceed 50 KW or that the total connected load does not exceed 67 horsepower. The maximum monthly kilowatt hour usage cannot exceed 10,200 KWH. Commercial—320. Customer charge: Per month ..... $15.00 Energy charge: All usage, per KWH ..... 0.10525 Plus: Fuel adjustment (Power Cost Adjustment). Minimum monthly bill: The customer charge. Commercial. All electric—322. Customer charge: Per month ..... $15.00 Energy charge: Page 5 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical All usage. Winter rate: Oct. 21 through May 20 October through May Billing, per KWH ..... $0.09198 Summer rate: May 21 through October 20 May through October Billing, per KWH ..... $0.10525 Plus: Fuel adjustment. Minimum monthly bill: The customer charge. Sec. 98-61. - Determination of billing demand. The kilowatts of billing demand will be measured and will be the average kilowatt load used by the customer during the 15-minute period of maximum use during the month but never less than 85 percent of the highest kilowatts of billing demand established during the 11 preceding months. The kilowatts of billing demand will be subject to the power factor adjustment clause. Power factor adjustment: The city reserves the right to determine the power factor demand of the customer's installation served hereunder customer’s billing demand when the customer’s power factor is below 90%. Should the average lagging power factor during the month be determined to be below 90 percent the customer's kilowatts of billing demand will be adjusted by multiplying the kilowatts of billing demand by 90 percent and dividing by the average lagging power factor The billing demand is derived by dividing 0.90 by the customer’s power factor and then multiplying by the customer’s measured demand. Sec. 98-64. - Area lighting and security lighting rates. (a) The monthly charge shall include the electricity used by the light and all normal maintenance on the fixture. If the light is damaged by vandals more than once in any 12-month period, subsequent repairs will be at the customer's expense. The City of Siloam Springs, Arkansas, will provide area and security lighting on a 12-month contractual agreement at the following rates. (b) All rates shown in the following schedule are for installation on existing city owned wood poles. Installations requiring installation of a new wood pole will be charged an additional fee of $3.20 for standard 30-foot class 6 wood pole per month for each new pole required. All installations requiring special poles or underground wiring will be done only after the customer pays the estimated additional costs of the installation above the standard cost on an existing pole. After the work is completed, the customer's account will be credited to reflect any variation in actual cost from the estimated. (c) The city will make rental lights of various types and sizes available, as economically feasible, for installation at the request of customers. (d) Monthly Rates: 60 Watt LED Security Fixture, comparable to 175 watt mercury vapor ..... $8.86 80 Watt LED Cobra head fixture comparable to 175 Metal Halide (M.H.) Cobra ..... 15.17 Page 6 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical 175 Watt M.H. flood fixture (No longer offered) ..... 9.43 400 Watt M.H. flood fixture ..... 14.26 1,000 Watt M.H. flood fixture ..... 29.20 LED security light - $10.31 per fixture LED cobra light - $19.41 per fixture LED small flood light - $32.43 per fixture LED large flood light - $37.38 per fixture Light pole - $3.20 per pole Sec. 98-67. - Municipal use rates—51. (a) This rate schedule shall be available to all departments of the city government for city use only. The cost of electric power under this rate shall be determined from the average wholesale cost per KWH from the city's wholesale supplier. The charge for municipal use will be the average of cost from the most recent month's wholesale bill with an adjustment for system line loss. This charge shall be determined by the following formula: KWH charge = Average wholesale cost + % losses/100 Sec. 98-68. - Penalty dates and penalties. (a) All bills shall be due and payable upon receipt and penalties shall apply after the penalty dates as established in this chapter. Electric bills are due within 20 days of the billing date and are considered delinquent 20 days after the billing date. (b) Bills mailed between the 25th day of the month and the second day of the month shall have a penalty of ten percent added to the current bill if not paid on or before the 20th day of the month with the exception of small and large power customers. Without prior agreement, delinquent service may be disconnected if payment is not received. A delinquent notice will be mailed stating the disconnect date. (c) Bills mailed between the tenth day of the month and the 16th day of the month shall have a penalty of ten percent added if not paid on or before the fifth day of the following month. (d) All premises where the bills are not paid, or arrangements made with the city for paying the bills may be subject to disconnection for nonpayment if not paid within 20 days of the penalty dates established herein. (e) The phrase "and also be delivering a final notice in the form of a door knob card to the premises at least 24 hours prior to disconnecting services" is repealed. Sec. 98-69. - Multiple-occupancy buildings. Reserved. (a) Where office buildings, apartment hotels, business buildings or in any building which has been subdivided and broken up into a greater number of business places, offices or apartments, then the owner, lessee or party responsible for the electric service shall be required to pay a minimum bill of $1.00 for each of the first two, and for each additional $0.50 per month on each office, business place or apartment. Page 7 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical (b) The owner, tenant or lessee of such building may have the option of installing his own separate wiring for each separate unit, in which event the Electric department shall run a service and provide a meter without cost to the applicant upon a receipt of a deposit of $5.00 together with application for service. This shall not apply to hotels, tourist camps and rooming houses regularly conducted as such. Sec. 98-75. - Net metering policy and procedures. (a) Renewable energy defined: For purposes of this chapter, renewable energy shall be herein defined as energy generated from wind, photovoltaic, or solar generation. Such generation shall be developed by consumers under the provisions of applicable codes and regulations affecting such development. (b) Purchase agreement required: No energy shall be purchased from consumers without the completion of an energy purchase agreement between the city and the consumer. (c) Connection and meter: For the city to purchase surplus renewable energy from a consumer, the consumer shall pay for the cost of a connection and metering to the City of Siloam Springs electric system. The connection and meter shall meet the conditions set by the most current National Electrical Code and the Siloam Springs Electric Department for safety, reliability, and accuracy. All power delivered to the consumer who has such an agreement will be delivered through existing service lines and metering apparatus at rates applicable to the customer class. (d) Purchase of customer-generated renewable energy: The city will read the meter of the consumer each month for net power delivered to fed into the city electric system. A credit will be recorded for net energy delivered to the city. At the city's discretion, a check will be issued to the consumer, or a credit applied to the customer's current bill, for net energy delivered to the city. Credit shall be made monthly. The rate paid to the customer for the service will be based on the average cost of energy purchased by the city in the most recent calendar year. Average cost will be the cost of energy divided by the kilowatt hours of energy delivered as determined by power bills delivered to the city by its power supplier. (e) Removal from system: The city reserves the right to remove any customer-owned generation source from the system without notice in the interest of safety, for repair or testing, or as otherwise required to prevent damage and protect the integrity of the city's electrical distribution infrastructure. (f) Implementation: The city administrator is authorized to adopt policies consistent with the terms of this ordinance to implement the purposes stated herein. DIVISION 3. – SERVICE EXTENSIONS Sec. 98-75.1. - Service extension fees. (a) Definitions. New electric service shall mean any service requiring installation of a transformer that provides service below 400 amperes. Page 8 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical Special electric service shall mean any service requiring installation of a transformer that provides service exceeding 400 amperes. (b) Service extension fee. (1) New electric service shall be provided by the city only upon the service applicant's payment of a service extension fee as shown on Schedule A (below). The administrator shall adjust the fee twice annually as necessary to recover the city's costs; provided, however, that adjustments exceeding ten percent of the then-current fee shall require approval of the board of directors. (2) Special electric service shall be provided by the city only upon the service applicant's payment of the service extension fee (Schedule A, adjusted), plus the city's actual costs (including tax and shipping) of any additional transformer capacity. (3) Fifty percent of the service extension fee, and all special electric service costs, shall be delivered to the city prior to the city's installation of electric service equipment as determined by the administratorelectrical director. ; and theThe full balance shall be paid prior to issuance of any building permit for the benefited property. (c) Exemption; fee reduction. Upon the administrator's finding that it is in the best fiscal interests of the city, the administrator shall provide a service-extension fee exemption, reduction, or credit for new electric service or special electric service to: (1) A site having (or proximate to) an established service that requires little or no installation of additional materials and infrastructure; (2) A site where the administrator determines that, within 18 months following the service applicant's timely delivery of the fee to the city, the city's up-front service extension costs have been fully recovered from electricity sales to the site; or (3) A site where the customer may elect to receive service from another provider, and where current acquisition of the customer could avoid future service-acquisition costs otherwise owed by the city to the other provider. (d) Administration. The administrator shall determine and implement rules as are useful in implementing the terms of this section. SCHEDULE A The cost of extension to render standard electrical service (400 amperes or below) was determined by the average cost per connection for a typical subdivision, as follows: Average cost service connection 6.25 KVA transformer for typical subdivision = $225.50 (per National Avg.) Transformer hardware (¼ share) $55.38 150 ft. 4/0 secondary 191.71$196.50 Page 9 of 10  Attachment A Proposed Code Amendments – Chapter 98, Article II – Electrical 50 ft. 1/0 primary 15Kv wire 66.35$99.00 Street light (share) $162.95 Meter $70.00 Installation labor, 3 hrs. $69.51 Engineering and drafting, .5 hrs. $12.38 20% error contingency 170.76$178.24 _____ Total $1,024.541,069.46 Page 10 of 10  ORDINANCE NO. 18-06 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 98 OF THE SILOAM SPRINGS MUNICIPAL CODE FOR THE PURPOSES OF UPDATING THE ELECTRICAL REGULATIONS AND DELETING OBSOLETE PROVISIONS. WHEREAS, the City’s building, construction and electrical Codes are intended to be updated periodically to account for growth, technological changes and best industry practices; and WHEREAS, city staff has, upon review, determined that the City’s electrical regulations need general updates including the deletion of obsolete regulations; and WHEREAS, the updated ordinances will provide improved clarity, conciseness and consistency with other Code provisions; and WHEREAS, it is in the best interests of the City and its residents to adopt the following amendments to the City electrical code; Now Therefore: Be It Enacted, by the Board of Directors of the City of Siloam Springs, as follows: Section 1. Subsections 98-41(a) and 98-41(d) of the Siloam Springs Municipal Code is hereby amended to read as follows: (a) Height. It shall be unlawful for any person to plant any tree or shrub that will grow over 15 feet in the adult stage directly underneath or within 12 feet of any pole or wire used by any public utility. For the purposes of this section, the distance of 12 feet shall be measured by the drawing of an imaginary line from the wire to the ground so that the imaginary line is perpendicular to the ground; thence going 12 feet in either direction at a 90-degree angle from where the imaginary line from the wire strikes the ground. (d) Penalty for violation of section. If any person plants any tree or shrub under or within 12 feet of poles or wires belonging to any public utility, which tree or shrub will grow over 15 feet high in the adult stage, that person shall be deemed in violation of the provisions of this section and, upon conviction, shall be subject to section 1-7 of this Code. Section 2. Section 98-51 of the Siloam Springs Municipal Code is hereby amended to read as follows: Sec. 98-51. - Electric system supervision. The electric system shall be under the supervision of the director of the Siloam Springs Electric Department or other staff members as may be designated by the city administrator. The electric director shall have complete charge and supervision of the construction, maintenance and operations of the electric generation, transmission, substations, distribution system and all other appurtenances of the electric service system of the city. Ordinance No. 18-06 Page 1 of 6 Section 3. Subsections 98-52(c) and 98-52(f) of the Siloam Springs Municipal Code are hereby amended to read as follows: (c) No other electric power or lighting service shall be used by the consumer in conjunction with the city's service; except for emergency stand-by systems or qualified co-generation systems installed according to national and city codes. Under no circumstances will a consumer be permitted to sell or deliver, in any manner, electric current to other residences or places of business within the city. All co-generation systems must be approved and permitted by the electric department before installation. (f) The customer may use electricity for power, lighting and heating through the same meter and at the same time. If voltage variations resulting from this combined use require regulating apparatus, in the judgment of the customer, the required regulation equipment shall be furnished and installed by the customer at their own expense. Section 4. Subsection 98-53(b) of the Siloam Springs Municipal Code is hereby amended to read as follows: (b) A request for a meter test made by a consumer shall be accompanied by a fee of $25.00 for testing. Such a request for test does not extend the penalty date for payment and the penalty for late payment as established in this chapter shall be added or established. This fee shall be refunded as a credit to the bill if the meter is found to be more than two percent in error. In the event of an inaccurate meter, the billing shall be recalculated over the last six months and the account shall be adjusted accordingly; provided, however, if the meter seal has been broken and the meter has been tampered with or damaged, no credit adjustment will be allowed, and the consumer will be billed for the cost or repair of any equipment belonging to the city which has been so damaged at the premises. The customer will be charged an additional $100 tampering fee. If the customer fails to pay these charges, they shall be deducted from the security deposit. Section 5. Subsections 98-54(a), 98-54(b), and 98-54(e) of the Siloam Springs Municipal Code are hereby amended to read as follows: (a) Before the electricity is turned on at any premises, a security deposit shall be required on each new, reconnected or transferred customer in the following amounts: Residential - $100 Commercial - $150 Industrial - $250 One-half of the security deposit shall be waived upon the city's confirmation of a written credit reference from another utility, which shall be provided by the service applicant in a form approved by the city administrator. (b) Landowners may elect to make only one security deposit to cover one or more unoccupied dwelling unit, premise or structure. The security deposit shall be $150.00 for each dwelling unit, premise or structure. Whenever the premises or structure is occupied or has received a certificate of occupancy, the security deposits as otherwise provided in this section shall apply. Ordinance No. 18-06 Page 2 of 6  (e) Security deposit refunds shall be without interest. However, security deposits shall not be refunded unless the user has a five (5) year uninterrupted payment history that has not been delinquent. "Security deposit" for the purpose of this subsection, shall refer only to residential deposits. Section 6. Subsections 98-55(a) and 98-55(c) of the Siloam Springs Municipal Code are hereby amended to read as follows: (a) In the event electric service is disconnected to any customer for nonpayment therefor, the customer must pay the city all arrears accrued to have the electric service reconnected by the city and a reconnection fee of $50.00 will be collected to cover costs of service calls and record keeping. (c) All service reconnections and transfers shall be handled between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, excluding holidays unless otherwise authorized by the city administrator or electric director. A charge of $100.00 will be assessed for all reconnects for nonpayment on weekends and after 5:00 p.m. weekdays. Section 7. The winter and summer rates listed in section 98-56 of the Siloam Springs Municipal Code are hereby amended to read as follows: Winter rate: October through May Billing, per KWH - $0.05475 Summer rate: May through October Billing, per KWH - $0.09198 Section 8. Section 98-57 of the Siloam Springs Municipal Code is hereby amended to read as follows: Sec. 98-57. - Commercial rates—320. Availability. Available upon written application from commercial customers for single- phase or three-phase service for all lighting and power uses, provided that the maximum monthly demand does not exceed 50 KW. The maximum monthly kilowatt hour usage cannot exceed 10,200 KWH. Commercial—320. Customer charge: Per month - $15.00 Energy charge: All usage, per KWH - $0.10525 Plus: Fuel adjustment (Power Cost Adjustment). Minimum monthly bill: The customer charge. Commercial. All electric—322. Customer charge: Per month - $15.00 Energy charge: All usage. Winter rate: Ordinance No. 18-06 Page 3 of 6  October through May Billing, per KWH - $0.09198 Summer rate: May through October Billing, per KWH - $0.10525 Plus: Fuel adjustment. Minimum monthly bill: The customer charge. Section 9. Section 98-61 of the Siloam Springs Municipal Code is hereby amended to read as follows: The kilowatts of billing demand will be measured and will be the average kilowatt load used by the customer during the 15-minute period of maximum use during the month but never less than 85 percent of the highest kilowatts of billing demand established during the 11 preceding months. The kilowatts of billing demand will be subject to the power factor adjustment clause. Power factor adjustment: The city reserves the right to determine the customer’s billing demand when the customer’s power factor is below 90%. The billing demand is derived by dividing 0.90 by the customer’s power factor and then multiplying by the customer’s measured demand. Section 10. Subsections 98-64(b) and 98-64(d) of the Siloam Springs Municipal Code are hereby amended to read as follows: (b) All rates shown in the following schedule are for installation on existing city owned wood poles. Installations requiring installation of a new wood pole will be charged an additional fee of $3.20 for standard 30-foot class 6 wood pole per month for each new pole required. All installations requiring special poles or underground wiring will be done only after the customer pays the estimated additional costs of the installation above the standard cost on an existing pole. After the work is completed, the customer's account will be credited to reflect any variation in actual cost from the estimated. (d) Monthly Rates: LED security light - $10.31 per fixture LED cobra light - $19.41 per fixture LED small flood light - $32.43 per fixture LED large flood light - $37.38 per fixture Light pole - $3.20 per pole Section 11. Section 98-69 of the Siloam Springs Municipal Code is hereby deleted in its entirety and reserved for future use. Upon the effective date after passage, the section shall appear as follows: Sec. 98-69. – Reserved. Ordinance No. 18-06 Page 4 of 6 Section 12. Subsections 98-75(c) and 98-75(d) of the Siloam Springs Municipal Code are hereby amended to read as follows: (c) Connection and meter: For the city to purchase surplus renewable energy from a consumer, the consumer shall pay for the cost of a connection to the City of Siloam Springs electric system. The connection shall meet the conditions set by the most current National Electrical Code and the Siloam Springs Electric Department for safety, reliability, and accuracy. All power delivered to the consumer who has such an agreement will be delivered through existing service lines and metering apparatus at rates applicable to the customer class. (d) Purchase of customer-generated renewable energy: The city will read the meter of the consumer each month for net power delivered to the city electric system. A credit will be recorded for net energy delivered to the city. At the city's discretion, a check will be issued to the consumer, or a credit applied to the customer's current bill, for net energy delivered to the city. Credit shall be made monthly. The rate paid to the customer will be based on the average cost of energy purchased by the city in the most recent calendar year. Average cost will be the cost of energy divided by the kilowatt hours of energy delivered as determined by power bills delivered to the city by its power supplier. Section 13. Subsection 98-75.1(b)(3) of the Siloam Springs Municipal Code is hereby amended to read as follows: (3) Fifty percent of the service extension fee, and all special electric service costs, shall be delivered to the city prior to the city's installation of electric service equipment as determined by the electrical director. The full balance shall be paid prior to issuance of any building permit for the benefited property. Section 14. Schedule A in section 98-75.1 of the Siloam Springs Municipal Code is hereby amended to read as follows: Average cost service connection for typical subdivision 6.25 KVA transformer (per National Avg.) $225.50 Transformer hardware (¼ share) $55.38 150 ft. 4/0 secondary $196.50 50 ft. 1/0 primary 15Kv wire $99.00 Street light (share) $162.95 Meter $70.00 Installation labor, 3 hrs. $69.51 Engineering and drafting, .5 hrs. $12.38 20% contingency $178.24 TOTAL $1,069.46 Ordinance No. 18-06 Page 5 of 6 Section 15. Repealer and severability. Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict as of the effective date of this Ordinance. If any provision of a section of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application , and to this end the provisions are severable. ORDAINED AND ENACTED this ___ day of _______________ 2018. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk (SEAL) Ordinance No. 18-06 Page 6 of 6