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Tuesday, 27 June 2017 15:58

JUNE 1, 2017

Friday, 16 June 2017 14:38

RESOLUTION 2017-08

RESOLUTION NO. 2017-08

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO PARTICIPATE IN THE ANRC FLOODPLAIN MAPPING PROJECT

 WHEREAS, the City of Johnson participates in the National Flood Insurance Program and sees the need to have accurate Flood Insurance Rate Maps within its City limits, and

WHEREAS, FEMA has given priority to updating the Flood Insurance Studies and associated Rate Maps within Washington County, and

WHEREAS, the total project cost is $725,209 and FEMA has provided funding for studies and mapping services in the amount of $612,657, and

WHEREAS, the Arkansas Natural Resources Commission is requesting a local cost match from the City of Johnson in the amount of $6,250.00.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JOHNSON, ARKANSAS, that:

 

Section 1: The City of Johnson is committed to the Washington County, AR Flood Insurance Study Update and updating the Floodplain Map for Johnson.

  • Section 2:       The required matching funds are committed in an amount not to exceed $6,250.00.

PASSED AND APPROVED this 13th day of June, 2017.

 

 

Friday, 16 June 2017 14:38

RESOLUTION 2017-07

RESOLUTION NO. 2017-07

 

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO APPLY FOR STBGP-A FUNDING FOR ACQUISITION OF RIGHT-OF-WAY AND RELOCATION OF FRANCHISE UTILITIES FOR 55rH STREET FROM DON TYSON PARKWAY TO JOHNSON MILL BOULEVARD

 

WHEREAS, the Cities of Springdale and Johnson have received STP-A funding for the design of 56th Street widening from Don Tyson Parkway to Johnson Mill Boulevard ,

WHEREAS, using the pmcurement procedures required by State Law, the Cities have retained Engineering Services, Inc. to perform the project design,

WHEREAS, project design is nearing completion and there is a need to purchase right-of -way and relocate utilities where necessary,

WHEREAS, the City of Springdale is responsible for 70% of the 20% local match and the City of Johnson is responsible for 30% of the 20% local match,

Funding Source

Percent Share

Cost Share

Federal Aid

80%

$ 4,320,000.00

City of Springdale

14%

$     864,000.00

City of Johnson

6%

$     216,000.00

Project Totals

100%

$  5,400,000.00

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JOHNSON, ARKANSAS, that:

  • The City  of  Johnson  is  committed  to  the  56t h   Street  project  from  Don  Tyson Parkway to Johnson Mill Boulevard and recognizes its regional significance.
  • The  required   matching   funds  are  committed   in  an  amount   not  to exceed

$216,000.00. Project costs to be paid from General Fund.


PASSED AND APPROVED this B;f/fay of June, 2017.

ATTEST:

 

 

Friday, 16 June 2017 14:36

RESOLUTION 2017-06

RESOLUTION  NO. 2017-06

A RESOLUTION AUTHORIZING EXECUTION OF
BUSINESS ASSOCIATE AGREEMENT WITH BROWN AND  BROWN  OF ARKANSAS, INC.

 

WHEREAS, the City sponsors a Cafeteria Plan for medical expenses for the benefit and wellbeing of its employees and officials;

WHERE , administration of the Cafeteria Plan is through Brown & Brown of Arkansas, Inc. (hereinafter Brown);

WHEREAS , the U. S. Department of Health and Human Services (hereinafter the Department) in order to protect the privacy of participants in the Cafeteria Plan regarding protected health information, requires specific agreements which assign certain responsibilities to the entities handling such information;

WHEREAS, the Business Associate Agreement (hereinafter Agreement) attached hereto is in compliance with the federal regulations as expressed in HIPAA; and,

WHEREAS, the provisions of the Agreement, specifically Article 6, Section 6.7, requires the City to indemnify others and to be indemnified by others in the event of specified occurrences and indemnity provisions may affect the immunity usually afforded municipalities in Arkansas .

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that:

Section I:    That the attached Business Associate Agreement (Agreement) as it relates to obligations imposed upon the City by virtue of HIPAA regulations to safeguard protected health information which contains indemnification provisions is hereby approved.

 

 

 

Section i: That the Mayor and Recorder-Treasurer are hereby authorized and directed to

I

take such  necessary  steps  and  precautions  as  are  required  to comply  with the  Agreement and

I                             .                              .

specifically Artile 4 thereof.

 

Section 31     That the Recorder-Treasurer should be and hereby is authorized to execute   the Agreement on behalf of the City and transmit the two (2) signed originals to Brown and maintain the original  executed  by Brown upon its return.

PASSED AND APPROVED this 13 day of June, 2017.

 

ATTEST :

J

 

-       -

Business Associate Agreement

 

This Business Associate Agreement ("Agreement") is being entered into between Brown & Brown of Arkansas. Inc. - NW Arkansas ("Business Associate") and all of the Health Plans of Plan Sponsor City of Johnson Jennifer Allen ("Covered Entity") to facilitate compliance with the HIPAA Rules. In consideration for the compensation paid to Business Associate to provide services relating to and on behalf of Covered Entity, the parties agree to the terms set forth in this Agreement.

Article 1 Definitions

 

The following terms have the meanings described in this Article for purposes of the Agreement unless the context clearly indicates another meaning. Terms used, but not otherwise defined; in this Agreement have the same meaning as those terms in the Privacy Rule.

  • 1 Business Associate

"Business Associate" means the entity described in the first paragraph of this Agreement.

  • 2 CFR

"CFR means the Code of Federal Regulations.

  • 3 Covered Entity

"Covered Entity" means all of the Health Plans maintained by Plan Sponsor.

  • 4 Designated  Record Set

"Designated Record Set" has the same meaning as the term "Designated Record Set" in 45. CPR 164.501.

  • 5 Electronic Health Record

"Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care- clinicians and staff.

  • 6 HIPAA

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.

  • 7 HIPAA Rules

"HIPAA Rules" means the privacy, security, breach notification and enforcement rules of 45 CFR Parts 160 and 164.

  • 8 HITECH Amendment

"HITECH Amendment" means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act.

1.9        Individual

"Individual" has the same meaning as the term "individual" in 45 CFR 160.103 and includes a person  who qualifies as a personal  representative in accordance with 45 CFR 164.502(g).

1.10     Plan Sponsor

"Plan Sponsor" means City of Johnson

1.11     Protected Health Information

"Protected Health Information" has the same meaning as  the  term  "Protected  Health Information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

1.12     Required By Law

"Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.103.

1.13     Secretary

"Secretary" means the Secretary of the Department of Health and Human Services or his designee.

1.14     Security Incident

"Security Incident" has the same meaning as the term "Security Incident" in 45 CFR 164.304.

Article 2

Obligations and Activities of Business Associate

 

Business Associate agrees to perform the obligations and activities described in this Article.

  • 1 Business Associate understands that it is subject to the HIPAA Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate agrees to take all actions

necessary to comply with the HIPAA Rules for business associates, including, but not limited to,

the following:  Business  Associate shall establish  policies  and procedures  to ensure compliance                                                                                                                                                       Nm}

with the HIPAA Rules, Business Associate shall train its workforce regarding the HIPAA Rules, Business Associate shall enter into a privacy/security agreement with Covered Entity, Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving Protected Health Information, and Business Associate shall conduct a security risk analysis.

  • 2 Business Associate agrees to not use or disclose Protected Health Information other than as V

permitted or required by the Agreement or as Required By Law.

  • 3 Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of i/"

the Protected Health Information other than as provided for by this Agreement.

  • 4 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known

to Business  Associate of a use or disclosure  of Protected  Health  Information by Business                                                                                                                                                       Neu}

Associate in violation of the requirements of this Agreement.

 

 

2.5        Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware.

  • 6 Business Associate agrees to the following in connection with the breach notification requirements of the HIPAA Rules:
    1. a) If Business Associate discovers a breach of unsecured Protected Health Information, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay and within 10 calendar days after discovery. For this purpose, discovery means the first day on which the breach is known to Business Associate or by exercising reasonable diligence would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a breach if the breach is known or by ex,ercising reasonable diligence would have been known to any person, other than the person committing the breach, who is an employee, officer, subcontractor or other agent of Business Associate. The notification must include identification of each individual whose unsecured Protected Health  Information  has been or it has reasonably believed to have been breached and any other available information in Business Associate's possession  which the Plan is required  to include in
  • the individual notice contemplated by 45 CFR 164.404.
    1. b) Not withstanding the immediately preceding paragraph, Business  Associate  shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured Protected Health Information was committed by Business Associate or its mnployee, officer, subcontractor or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business  Associate  will  prepare the notice and shall provide it to Covered Entity for review and approval at least  five  calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    2. c) Further, where a breach involves more than 500 individuals and was committed by the Business Associate or its employee, officer, subcontractor or other agent  or is  within the unique knowledge of Business Associate as opposed to Covered Entity. Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Again, Business Associate will prepare the notice and shall provide it to Covered Entity for review and approval at least five calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    3. d) Business Associate shall either report breaches of unsecured Protected Health Information  with respect to Covered Entity to the Secretary in accordance with 45 CFR

164.408 or alternatively, shall maintain a log of breaches of unsecured  Protected  Health. Information with respect to Covered Entity and shall submit the log to Covered Entity within 30 calendar days following the end of each calendar year so that Covered Entity may report the breaches to the Secretary in accordance  with 45 CFR 164.408(c).

 

 

2.7         Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Protected Health Information on behalf of Business Associate regarding Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Agreement and the HIPAA Rules to Business Associate with respect to such information. Moreover, Business Associate shall ensure that any such  agent  or subcontractor agrees to implement reasonable and appropriate safeguards to protect Covered Entity's electronic Protected Health Information.

  • 8 Business Associate agrees to provide reasonable access, at the written request of Covered Entity, to Protected Health Information in a Designated. Record Set, to Covered Entity or, as directed in writing by Covered Entity, to an Individual or the Individual's designee in order to meet the requirements under 45 CFR 164.524. If Business Associate receives a request directly from an Individual or the Individual's designee,  Business  Associate shall notify Covered  Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 9 Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526, or take any other measures as necessary  to satisfy Covered  Entity's obligations  under 45 CFR 164.526. If Business Associate receives a request directly from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 10 Following receipt of a written request by Covered Entity, Business Associate agrees to make its internal practices, books, and records including policies and procedures and Protected Health Information relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity reasonably  available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the HIPAA Rules.
  • 11 Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment.
  • 12 clip_image019.gifFollowing receipt of a written request by Covered  Entity,  Business  Associate agrees to provide to Covered Entity or an Individual or the Individual's designee, information collected in accordance with Section 2.10 of this Agreement, to permit Covered Entity  to  respond  to a request by an Individual or the Individual's designee, for an accounting of disclosures  of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance  with  the HITECH  Amendment. If  Business  Associate  receives  a request directly

 

 

from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.

  • 13 To the extent Business Associate is to carry out one or more of Covered Entity's  obligations under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations.

Article 3

Permitted Uses and Disclosures by Business Associate

 

  • 1 Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity as specified in the underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity. If there is no underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity for the purposes of payment, treatment or health care operations as those terms are defined in the HIPAA Rules, provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity.

Business Associate is authorized to use Protected Health Information to de- identify the information in accordance with 45 CFR 164.514(a)-(c). Before proceeding with any such de­ identification, Business Associate shall inform Covered Entity in writing of the manner in which it will de-identify the Protected Health Information and the proposed use and disclosure by the Business Associate of the de-identified information.

  • 2 Business Associate may use or disclose Protected Health Information as Required by Law.
  • 3 Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity's minimum necessary policies and procedures.
  • 4 Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth in this Article.
  • 5 Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
  • 6 Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law, or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

 

-

  • 7 Business Associate may use Protected Health Information to provide data aggregation services relating to the health care operations of the Covered Entity.

Article 4 Obligations of Covered Entity

 

  • 1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information.
  • 2 Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an. Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information.
  • 3 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information.
  • 4 Covered Entity shall not request Business Associate to use or djsclose.Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. However, there is an exception to this restriction if, pursuant to this Agreement, Business Associate uses or discloses Protected Health Information for data aggregation or management and administration and legal responsibilities of the Business Associate.

 

5.1         Term

 

Article 5

Term and Termination

 

This Agreement shall replace and take precedence over any prior business associate agreement entered into between the parties. It shall take effect on 11/01/16 and shall terminate on the date the Agreement is terminated for cause pursuant to Section 5.2 or such other date as agreed to by the parties in writing.

5.2         Termination for Cause

Business Associate authorizes termination of this Agreement by Covered Entity, if. Covered Entity determines that Business Associate has violated a material term of the Agreement. In this situation, Covered Entity shall either:

  1. a) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement if Business Associate does not cure the breach or end the violation within a reasonable time, as specified by Covered Entity; or
  2. b) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and Covered Entity determines that cure is not

 

5.3         Effect of Termination

  1. a) Except as provided in subparagraph (b) upon termination of this Agreement, for any reason, Business Associate shall return or if agreed to by Covered Entity, destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. Business Associate shall retain no copies of the Protected Health .
  2. b) In the event that Business Associate determines that returning or destroying the Protected Health Information is necessary for its own management and administration or to carry out its legal responsibilities and Business Associate determines that it needs to retain the Protected Health Information for such purposes after termination of the Agreement, Business Associate agrees to the following restrictions set forth in this subsection. Specifically, upon termination of this Agreement, for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity, shall:
    1. Retain only the Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
    2. Return to Covered Entity or if agreed to by Covered Entity, destroy the remaining Protected Health Information that Business Associate still maintains in any form;
  • Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;
  1. Not use or disclose the Protected. Health Information retained by Business Associate other than for the purposes for which the Protected Health Information was retained and subject to the same conditions set out in Sections 3.5 and 3.6 which apply prior to termination; and
  2. Return to Covered Entity or, if agreed to by Covered. Entity in writing, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.
  1. c) Not withstanding any other provision of this Section, Covered Entity may authorize Business Associate to transmit Protected Health Information to another Business Associate of the Covered Entity at termination pursuant to Covered Entity's written instructions.
  2. d) This Section shall apply to Protected Health Information that is in the possession of subcontractors of Business Associate and Business Associate shall be obligated to ensure the return or destruction (if agreed to by Covered Entity) of such Protected Health-Information.

 

6.1        Notice

 

Article 6 Miscellaneous

 

Any notice or other written communication required or permitted to be given to the other party under this Agreement must be addressed to the attention of the other party in care of the contact person identified below. Written notice may be delivered by certified mail or overnight mail.

Business Associate:

Brown & Brown of Arkansas, Inc. - NW Arkansas Contact Person:  J. Todd Setser

1479 Executive Pl, Ste A Springdale, AR 72762-4324

 

Covered Entity:

Health Plans of: City of Johnson Contact Person: Jennifer Allen PO Box 563

Johnson,AR 72741

 

  • 2 Regulatory References

A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

6.3         Amendment

This Agreement may only be amended in a written document signed by an authorized representative of each party. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the HIPAA Rules and any other applicable law. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate.

6.4        Survival

The rights and obligations of Business Associate under Section 5.3 of this Agreement shall survive the termination of this Agreement.

6.5        Interpretation

Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

6.6         Successors

This Agreement is binding on each party's legal successors.

6.7         Indemnification

clip_image033.gifRegardless of whether Business Associate is Covered Entity's agent, Business Associate agrees to indemnify and hold harmless Covered Entity, Plan Sponsor and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or

 

 

disclosure of Protected. Health Information by Business Associate or its subcontractors or agents in violation of this Agreement.

Covered Entity and Plan Sponsor agree to indemnify and hold harmless Business Associate and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or disclosure of Protected Health Information by Covered Entity or Plan Sponsor, or agents of Covered Entity or Plan Sponsor, in violation of this Agreement.

6.8        No Beneficiaries

Nothing expressed or implied in this Agreement is intended to confer, nor shall anything confer, upon any person other than the Covered Entity, Plan Sponsor and Business Associate, and their respective successors or assigns, any rights, remedies, obligations or liabilities.

 

Dated:                                             

 

Dated:------------

 

Brown & Brown of Arkansas, Inc - NW Arkansas

  1. Todd Setser

Executive Vice President

 

Health Plans of:

City of Johnson

 

Friday, 16 June 2017 14:31

ORDINANCE 2017-11

ORDINANCE NO. 2017-11

 AN ORDINANCE VACATING A DEDICATED RIGHT OF WAY AS DEPICTED ON LOT SPLIT SURVEY RECORDED AT BOOK 2005 AT PAGE 00054229 OF THE WASHING TON COUNTY  REAL  ESTATE RECORDS

 WHEREAS, the owners of a tract of land, who in 2005 were developing a portion of their land that fronted on Main Drive, dedicated a Right of Way easement to the City of Johnson.

WHEREAS , such right of way has not been used or improved since its creation and is not needed  for municipal  purposes  now or in the foreseeable  future.

WHEREAS , vacating the previously dedicated right of way will facilitate a higher  and better  use of the property  of which  the right of way  is a part.

WHEREAS , the Planning Commission has reviewed the Petition of the owner /developer and recommends to the City Council vacation of this right of way pursuant to ACA § 14-54-105.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

 

Section 1:      That  the right of way described  on Exhibit  A hereto, having  not  been  used or improved for public convenience since its creation is hereby determined to not be required  for  City  purposes  at this time or  in the foreseeable future.

Section 2: That Sherri Lynn McAdow is the record title owner of the real property (Parcel #785-18142-000) on which the right of way described on Exhibit A lies , which is no longer needed for City purposes. Such property is hereby vacated in favor of Sherri Lynn McAdow , and the Mayor and Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the right of way described on Exhibit A hereto Sherri Lynn McAdow.

PASSED AND APPROVED this   14     day of      June                   , 2017 

MAIN DR

23' ASPHALT-60' R/W

(PER MASTER STREET PLAN)

N 88°25'58" E 37.85'_                                       R/W

 Vacation

A PART OF THE SOUTHWEST  QUARTER  OF THE NORTHEAST  QUARTER OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED, TO-WIT: BEGINNING AT FOUND  FOUND STONE BEING  N02°20'54"E 601.08 FEET TO 112· REBARN88°23'31"E 248.33 FEET FROM A FOUND 112· REBAR

BEING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND BOUNDARY LlNE

FOR1YLINE 

CENTERLINE OF ROAD

RIGHT-OF-WAY

RIGHT-OF-WAY LINE OF MAIN DRIVE; THENCE WITH SAID SOUTHERLY             

 

  • FOUND STONE                       

 

RIGHT-OF-WAY LINE N88°25'58"E 37.85' TO A FOUND 112" REBAR; THENCE  

COMPUTED POINT 

LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S01°44'06"E 134.42'; THENCE IN A SOUTHEASTERLY DIRECTION 35.57 FEET ALONG A CURVE, HAVING A RADIUS OF 194.00  FEET, A CHORD  BEARING  OF S07°23'36"E, AND CHORD  LENGTH  OF 35.52  FEET;  THENCE S12°38'43"E 50.86 FEET TO A FOUND 112" REBAR; THENCE S87°59'59"W 36.60 FEET TO A FOUND 1/2" REBAR; THENCE IN A NORTHWESTERLY  DIRECTION  62.90 FEET ALONG A CURVE, HAVING A RADIUS  OF 258.39 FEET, A CHORD  BEARING OF  N13"25'53"W,  AND  A CHORD  LENGTH  OF 62.75 FEET; TO THE POINT OF  BEGINNINGCONTAINING  IN ALL 0.19 ACRES, MORE OR LESS. SUBJECT  TO EASEMENTS  AND RIGHTS-OF-WAY OF  RECORD,  IF ANY.

N-88-°23-'31"-E  248 .33'    L  

CENTERLINE

 RIGHT-OF-WAY

SW CORNER SW 1/4 NE1/4,

SEC. 23, T17N, R30W

FOUND STONE 

                 

CURVE

RADIUS

ARC LENGTH

CHORDLENGTH

CHORD BEARING

C4

194.00'

35.57

35.52'

5 07°23'36" E

C5

258.39'

62.90'

62.75'

N 13°25'53" W

 

1 INCH = 50 FEET 

P.O.B. FOUND 1/2" REBAR

150 

PARCEL  #785-18142-000

A PART OF SW 1/4 NE 1/4, SEC. 23, T17N, R30W

.019ACRES± 

POINT OF COMMENCEMENT 

VACATION EXHIBIT CITY OF JOHNSON

 Project Number:

16-1804                                          Certificate of Authorization N2 1534                                                                       Date: 06/08/2017 524 W. Sycamore Street, Suite 4 • Fayetteville, Arkansas 72703 • 479.443.4506 Office• 479.582.1883 Fax

 

Friday, 16 June 2017 14:20

ORDINANCE 2017-10

 

ORDINANCE NO. 2017-10

 

 

AN ORDINANCE ADOPTING A NEW MASTER STREET PLAN AND MASTER STREET PLAN MAP FOR THE CITY OF JOHNSON, ARKANSAS,  AND OTHER  MATTERS  RELATED THERETO.

 

WHEREAS, the Planning Commission for the City  of Johnson  along with the engineer  for the City  have performed  a comprehensive  and  exhaustive  study and investigation regarding  the future street/transportation needs  in Johnson  taking  into account the Future Land Uses adopted by Ordinance 2010-01  for all  property  within the City as well as considering revision of long-range future land use needs of the City and its residents for streets/transportation  to serve  those properties;

WHEREAS , the Planning Commission has studied the use and need for  various types of roads and streets within  the City comparing  such to the projected  and  anticipated  needs  in the near and  distant future;

WHEREAS, the City is currently considering the proposal of a Comprehensive Land Use Plan and Map; completion of that endeavor and public input on same may be weeks or months away;

WHEREAS, the Planning Commission, on the 4t h  day of May, 2017, held a public hearing on the issue of adopting a new Master Street Plan and the full size Master Street Plan Map as displayed  at City Hall, after the giving  of required  notices ; and,

WHEREAS, the City of Johnson needs to adopt a new Master Street Plan, the Planning Commission recommends and proposes to the City Council of Johnson , Arkansas, that the City adopt the Master  Street Plan  as attached  and as depicted on the attached  map (facsimile) and that the attached Master Street Plan be immediately  adopted  and  that the Master Street Plan Map of the City, which is displayed full size at City Hall be immediately adopted as the official  Master Street Plan  Map.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF JOHNSON, ARKANSAS:

Section  1:       That the full-size  Master Street Plan Map displayed  at City  Hall along with the attached Master Street Plan, be and are hereby  adopted  as the Master Street Plan and the Master Street Plan Map for the City of Johnson, Arkansas, in the place and stead of the previous Master Street  Plan and Master Street  Plan Map adopted  by Ordinance 2010-0  I.

Section 2:       That the street/road  types depicted  on the attached  Master Street Plan and the full size Master Street Plan Map displayed at City Hall are hereby adopted for roads and streets  in  the City of Johnson, Arkansas.

Section 3:       That all  uses and occupation  of lands within  the City shall continue to be in accordance with the described  uses as set  forth  in Johnson  Zoning Ordinance  adopted by Ordinance No. 2007-13 (as amended from  time to time) and  the current  official  zoning map; no structures or improvements shall hereafter be permitted  or allowed  which encroach on the streets/roads in the attached Master Street Plan or as depicted on the full size Master Street  Plan Map displayed  at City Hall.

Section 4:        Disobedience  to the provisions of the attached  Master Street  Plan and the full size Master Street Plan Map displayed at City Hall in regard to encroachment on depicted  roads/streets  shall  be punished  as provided  in the Johnson Municipal Code.

Section 5:        Disobedience to the provisions of the Johnson Zoning Ordinance (as amended) as depicted on the current Zoning Map in regard to the use and occupation of specific parcels of land shall  be punished  as provided  in Section  125 thereof.


PASSED  AND APPROVED THIS  13 day of  June 2017.

 

Friday, 16 June 2017 14:18

ORDINANCE 2017-09

ORDINANCE NO. 2017-09

AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE JOHNSON MUNICIPAL CODE, BY ADDING JOHNSON MILL BOULEYARD OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS, DECLARING AN EMERGENCY TO EXIST AND  OTHER  MATTERS RELATED  THERE TO

WHEREAS , City staff, the engineer for the City and the Planning Commission have spent many hours stud yin g, discussing, receiving public input and ideas on a design overlay district for the area around  Johnson  Mill Boulevard;

WHEREAS , the Planning Commission as a result of these efforts, recommends  for  the John son Mill Boulevard  corridor additional  design regulations;

WHEREAS, the Overlay District will protect and enhance Johnson' s appearance, identity, and the City' s natural and economic vitality; and,

WHEREAS, the Overlay District will preserve property  values  of surrounding  property and  provide  good civic design and arrangement.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: Title 14, Chapter 14. 04, Section 14.04.05 of the Johnson Municipal Code is hereby amended by the addition of the Johnson Mill Boulevard Overlay District description , boundaries , regulations and standards (attached hereto as Exhibits  A and  B) which shall appear  in the  Johnson   Municipal   Code   immediately   below  the  Section  number  and  title  and   prior   to " Agricultural and  Residential Districts".

Section 2: The Johnson Mill Boulevard Overlay District, as described on Exhibit A hereto , with regulations and standards as set out in Exhibit B is hereby created to expand the design regulations of the area around Johnson Mill Boulevard which was recently improved as a connection between the Don Tyson Parkway and 1-49, which will enhance and protect Johnson' s appearance, identity and economic vitality while providing good civic design and arrangement and aid mobility.

Section 3: The Johnson Mill· Boulevard Overlay District contains those areas of Johnson identified on the Johnson Mill Boulevard Overlay District Map (a reduced facsimile of which is attached hereto as Exhibit C) and is generally those areas of the City adjacent to either side of Johnson Mill Boulevard and its intersecting streets/roads as more specifically described at

 

Exhibit A and as depicted on the Johnson Mill Boulevard Overlay District Map. The regulations and standards applying to the Johnson Mill Boulevard Overlay District, whether set forth on the attached or in other provisions of the Johnson Municipal Code or Ordinances of the City shall apply to all properties identified as being within the Johnson Mill Boulevard Overlay District. Such regulations and standards shall be in addition to and shall overlay all other Code/Ordinances regulations and standards including but not limited to zoning district, signage regulations, development, redevelopment and expansions of existing development. Should there be a conflict between the regulations and standards of the Johnson Mill Boulevard Overlay District and those underlying regulations and standards, the regulations and standards of the Johnson Mill Boulevard Overlay District shall control except to the extent that there should be a conflict between this Overlay District and the Hilltop/Hillside Overlay District in which case the regulations and standards of the Hilltop/Hillside Overlay District shall control.

Section 4: That the Johnson Mill Boulevard Overlay District Map (24" by 36") with original signatures maintained at City Hall is hereby adopted to identify those areas in the City lying within such Johnson Mill Boulevard Overlay District. Any conflict between the description of the Johnson Mill Boulevard Overlay District contained in Exhibit A and the Johnson Mill Boulevard Overlay District Map maintained at City Hall shall be resolved by the Map yielding to the description in Exhibit A.

Section 5: That except as provided above neither the Johnson Mill Boulevard Overlay District nor the Johnson Mill Boulevard Overlay District Map shall otherwise affect previous Ordinances, Resolutions or adopted codes/standards for development/construction within the City of Johnson . 

Section 6: Whereas , the City has hosted a public meeting and a public hearing concerning the adoption of enhanced design regulations and standards for the area within the Johnson Mill Boulevard Overlay District whereby the majority saw a need for such and felt the need for the change was long overdue, therefore in order to preserve the health, safety and welfare of those in the City an emergency is hereby declared and this Ordinance shall be effective immediately upon its passage and adoption.

PASSED AND APPROVED this  13 day of June, 2017.

  

THE JOHNSON Mill BOULEVARD  OVERLAY DISTRICT

Exhibit A

Reference Official Zoning Map depicting overlay district

Approximate  Overlay District Description:

The overlay district is approximately 1320' in width (660' North of the centerline of Johnson Mill Boulevard and 660' South of the centerline of Johnson Mill Boulevard). The District begins on the east side of Interstate Highway 49 and proceeds east along Johnson Mill Boulevard approximately 1.4 miles to the northerly line of Sections 22 &23 of Washington County as depicted Johnson Mill Blvd Overlay District  Map.

The overlay district excludes PUD 15 -07 (Johnson Square) and all platted portions of the Shady Oaks Subdivision .

The overlay district applies only to properties within the corporate limits of the City of Johnson.

 Exhibit B

 

  • 4.4 G Design Overlay District
  1. PURPOSE:

It is the purpose of this ordinance to preserve and protect the health, saf ety, and general welfare, preserve and enhance the natural beauty, and create an att ractive , environmentally sound and healthy urban landscape for the residents of the City of Johnson. This ordinance shall not apply to single family residential dwellings.

  1. BUIL DINGS:

A minimum of thirty percent (30%) of the linear lot frontage shall co ntain the vertical building face. Buildings shall be located between 15' and 25' from the adjacent road R.O .W. and have at least one entrance from the R.O.W . side. (This is in an effort to create a comfortable ped estrian­ scaled  corridor within this overlay district.)

These st an dards apply to both building faces along the adjacent R.O.W ., however a building entran ce is required only on one frontage.

Figure 1.1

Example of building face placement, shared drives, cross access drive, and sidewalk connections.

 170 linear feet of lot  frontage; 51 linear feet of building face required wi t h in 15 ' -25 ' of the

  1. O.W  60' Is shown .

 Front

 Shared En trance Drive

 Sidewalk installed in R.O.\lv.; sidewal connection to development entrance shown.

 140  linear  feet of  lot frontage;

42 linear feet of building face required within 15 '-25 ' of the R.O.W. 45' is shown.

  

  1. PARKING AND DRIVES:

Place parking in the rear or to the side of the lot. (Avoiding a large expanse of off street parking that is difficult  for a  pedestrian  to navigate.)

Commercial drives may be a minimum of 20' in width (for two-way traff ic); or 13' in width (for one-way tr aff ic).

  

  1. PERMEABILITY:

Care should be taken to preserve permeable surface on the site. Limiting parking areas, using permeable pavers, maintaining natural water systems should be a priority. The goal is to maintain 30% permeable surface area of the site; 20% permeability is required.

The developer should show permeability percentages as a small diagram on the plan sheets submitted for review. The diagram should show the location of all permeable areas as shaded/hatched areas. An accompanying table shall state the percentage of permeable areas on site by stating the total site square footage and the total square footage of permeable areas. See Figure 1.2 for example.

 Figure 1.2

Example of permeability diagram:

 

  

  1. SIGNAGE:

{It is not recommended that the signage portion of this ordinance be added at this time due to the pending nature of the City's sign ordinance).

  1. SIDEWALKS:

A minimum six-foot-wide pedestrian sidewalk is required within the adjacent road R.O.W. If this walkway is shared with a bike path the minimum width is 12'. This sidewalk can be located anywhere between the street edge and the furthest extent of the road R.O.W., but must remain an open walking space. The sidewalk built within the R.O.W. must connect with any existing sidewalks on either side of the lot and also connect with a sidewalk internal to the lot (a minimum of 6' in width) which leads to a building entrance. See Figure 1.1 for example.

Detailed specifications can be found within the City's Master Street  Plan.

  

G.    SITE DEVELOPMENT and PARKING LOT LANDSCAPE STANDARDS
  • (1) Front Landscaped Area.

A fifteen to twenty-five foot (15'-25') wide landscaped area shall be provided along the front property line between the front building face and the roadway (or adjacent drives or parking areas if this is a lot  not adjacent to the public ROW). When adjacent to a public road this area shall be exclusive of and adjacent to the Master Street Plan right-of-way.

Points of access (entrance drives, exit drives, service drives, etc.) site amenities, and sidewalks may cross the landscaped area. The square footage ofthe front landscape area shall be stated on the plans.

Corner lots are required to have a front landscaped area on both frontages.

See Figure 1.3 for Example.
  • (a) At a minimum, twenty percent (20%) of the landscape area shall be a bed area (defined by steel edging, rock borders, or other similar material) containing a mixture of shrubs and
    • Shrubs shall be a minimum of 2 gallons in size upon planting. Specification of shrub type and spacing must be as per the attached plant list to create groupings of shrubs.
    • Perennials shall be a minimum of 1 gallon in size upon planting.
    • Mulch, gravel, or other similar material should be used within bed areas to limit weeds and preserve water.
    • The square footage of the bed areas within the front landscape area shall be stated on the plans.

 

Figure 1.3

Example of front Landscape area and 20% bed area.

 Front Landscape area example:

3775 sq ft

of front landscape area. Minimum of 755 sq It of bed area {20%) required within

 Front Landscape area e1<ample: 3050sq  ft

of front landscape area. Mil,inrnm of 610 sq ft of bed area  {20%)  required within

 

(2) Frontage  and R.O.W. Trees:   One tree per twenty-five  linear  feet  (25')  shall be planted  in the R.O.W. or front landscape area. The trees may be grouped together or equally spaced along the frontage. All trees shall have a 2-inch caliper (diameter) measured 6-inches above ground  level at the time of planting.                                                                                    

I. A minimum of two thirds of the required trees must be large trees spaced a minimum of 20' on center; no maximum spacing. The large trees may be located in the front landscape area and/or between the curb and sidewalk and/or the R.O.W.

One third can be understory trees. Understory trees can only be placed within the front landscape area and must be spaced a minimum of 15' on center.

A wider minimum spacing may be required by the City to accommodate certain species of trees.

There is a list of plant materials, the Overlay District Plant List, including large trees, understory trees, evergreen and deciduous shrubs and perennials that are allowed within this district. (The trees are required to provide shade and environmental enhancement. The flexible spacing allows discretion in the design of the site to allow for building accents and signage to be unobscured.)

II. Plans shall indicate the spacing of trees along all public and private streets within  the development site.

Ill. All proposed trees should be located at least 5' from proposed or existing utility  line.

IV. At the request of the developer, the City may exempt specific areas from required tree planting where the terrain, utilities, or existing trees make the planting of new trees impracticable. Examples include, but are not limited to:

  • Where the finish grade slope in the planting area between the top back of the street curb and the property line is in excess of 30%.  
  • Where bedrock is encountered within 30 inches of finish grade in the planting area between the top back of the curb and the property line. 
  • Plans shall identify the species of trees to be planted. Frontage trees shall be large species canopy trees.

Please see Figure 1.4 for example.

 Figure 1.4

Examples of requirements for R.O.W./ Frontage and Parking lot trees. 

 

Lot A: One tree per 25' of frontage shall be planted. Example: 170' of fot frontage; six frontage  trees required. Four of the six frontage trees must be large trees; two  trees may be  understory.

 

Lot B: One tree per 25' of frontage shall be planted. Example: 140' of !ot frontage; five frontage trees required. Four of the five frontage trees must be large trees; t\vo trees may be under story

 

Lot A

 

Lot A Example: 21 parking spaces, two parking lot trees required

 

Lot B

Example: 18 parking spaces, one parking lot tree required 

 

(3)    Parking Lot Landscape Screening:

Parking lots containing five (5) or more spaces shall be screened from the public right-of­ way and adjacent properties with a continuous row of plants to form a minimum three foot hedge.

Shrubs, grasses, and other plants shall be spaced as recommended on the Corridor Overlay District Plant List to form a screening hedge.

Plans shall indicate the spacing, size, location, and name of the plant materials specified. Location of these beds should best provide screening of parking from R.O.W. and sidewalk. Fifty percent (50%) of the shrubs in these beds shall be evergreen.

All edges where beds meet lawn shall be defined. If using steel, then a minimum of 4" x 1/8" flat steel edging.  Masonry materials may also be used for edging.

In cases where two parking lots abut one another and are not separated by a driving aisle or street, parking lot screening shall not be required on both properties along this shared property line.

  1. a) In the case of one lot developing first with existing parking lot landscape screening, the adjoining property should leave a minimum of an eight-foot  width bed or lawn area along the property line to be landscaped as the property owner wishes. The required parking lot  trees (below) may be included in this
  2. b) If both parking lots are being submitted and developed simultaneously, then it is permissible that the screening landscape requirements may be divided equally between the two properties (with some portions of the landscaping being located on either side of the property line).
  3. c) Parallel, on-street parking, or any other type of parking directly accessed from an access drive or street is not required to be
See Figure 1.5 for examples. 

Figure 1.5 

Examples of Parking Lot Screening. 

 

  • (4) PARKING  LOT TREES: 

Parking lots shall have one tree per 10 parking spaces.  These shall be in a planting island with 9'x16' minimum area (back of curb to back of curb) or in a continuous landscape area with 8' minimum width. These trees can be selected from the Parking Lot Tree list and not limited to the Overlay District Plant List. A minimum of two tree species must be used in any parking lot  with two or more  trees.  {We  are trying  to  avoid  tree wells  and limited  root growth area and encourage soil areas that are large enough to support healthy, mature trees.)

See Figure 1.4 for examples.

 

  • (5) PRESERVATION  OF  SIGHT TRIANGLES: 

No plant material mass shall be between the height of 3' to 5' (prune low growing shrubs to below 3' and maintain the bottom limbs of small tree canopies to a minimum of S') in the sight distance areas at driveways (30' sight triangle from the edge of driveway curb and street curb).  There is a list of plant materials, Overlay District Plant List, including large trees, understory trees, evergreen and deciduous shrubs and perennials that are allowed.

{The beds can be near the parking edge or near the sidewalk, but shall be located to best screen the parking based on topography, existing trees, utilities, etc.) 

  • (6) IRRIGATION: 

The developer must provide one of the following:

  • A permanent irrigation system or
  • An adequate number of hose bib connections (so that every part of the landscape area on site is within 100' radius of a hose connection).

The chosen option above must be depicted on the plans in sufficient detail for the City to determine its adequacy.

I.     Underground Utility Wires: 

In the new residential developments requiring Planning Commission approval and in new commercial developments; all utility wires, lines, and/or cable in said developments utilized by electric and/or telecommunications companies shall be placed underground and concentrated into shared easements with above ground utility elements clustered when feasible. The minimum utility easement shall be 15' in width.

  1. Waiver. In case of hardships, (including but not limited to geological, environmental, or regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a permanent or temporary basis, to allow the erection, construction, installation, maintenance, use or operation of poles and overhead wires and associated overhead structures.
  2. Exemptions. The following shall be exempt from the requirements of this section:
    1. Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service. A permit obtained from the City for said temporary service, addressing the nature and duration of said service, shall be required.
    2. Existing lines of 12Kv and above.
    3. A single power pole near the exterior boundary of a development shall be allowed to provide connections for underground service.
    4. Nothing herein shall be construed  to  usurp the authority  of the Arkansas Public Services Commission and in all instances of conflict, the rules and regulations of said Arkansas Public Service Commission shall prevail.
J.       Commercial. Office and Mixed Use Design and Development Standards
  • (A) Refer to City of Johnson's Commercial Building Design Standards adopted by ordinance 2012-01. Applicability. These design and development standards apply to commercial developments, office developments, and small scale
  • (B) Shared drives are encouraged and cross access between properties shall be required to adjacent developed and undeveloped properties. See Figure 1.1.
  • (C) Build Out. Upon approval of a development, or issuance of a building permit, build­ out of the project shall conform to the drawings, information,  and plans approved.
  • (a) Amendments to the drawings, information, and plans shall be submitted to the City. Amendments  which are determined to  be insignificant or minor may be approved by the City. Significant amendment must be approved by the Planning Commission when approval was given through the large-scale development process, or by the City if approval was given through the building permit process.
  • (b) Amendments shall be considered using the same standards as the initial design approval.
  • (c) Failure to build-out the project according to the approved drawings, information, and plans, or approved amendments thereto, shall render the large-scale development approval, or the building permit approval void.
  1. Outdoor Lighting. 
  • (1) This chapter is intended to:
  • (a) Protect the privacy of property owners by limiting the potential for glare and light trespass from outdoor lighting fixtures located on adjacent properties;
  • (b) Protect drivers and pedestrians from the glare of non-vehicular light sources that can impair safe travel;
  • (c) Promote efficient and cost effective lighting;
  • (d) Allow for flexibility in the style of light fixtures;
  • (e) Reduce atmospheric light pollution.
  • (2)
  • (a) All outdoor lighting fixtures installed on private and public property after the effective date of this ordinance shall comply. This ordinance shall not apply to single or two (2) family residential
  • (b) All outdoor lighting fixtures existing and legally installed and operative before the adoption of are exempt from these
  • (c) When an existing fixture is replaced, the replacement fixture shall meet the requirements  of this
  • (d) In the event of a conflict with any other section of this code section, the more stringent requirement shall apply
  • (e) Outdoor lighting regulations and sign ordinance regulations shall be considered separate and distinct from one
  • (f) A developer may petition the Planning Commission for a variance from the requirements  of this

The following are exempt from the hooding/shielding provisions of this ordinance or as otherwise noted:

  • (A) Single and two (2) family residential
  • (B) Navigation lights (i.e. airports, heliports, radio/television towers).
  • (C) Seasonal decorations with individual lights in place no longer than sixty (60) days.
  • (D) Other special situations approved by the city for temporary or periodic events (i.e. parades, festivals, )
  • (E) Security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than twelve (12) minutes after  activation.
  • (F) Emergency lighting only as necessary and required by the adopted Building Code of the City of
  • (G) Illumination of
  • (H) Decorative  street
  • (I) Fossil fuel
  • (J) Accent
  • (1) Landscape Elements. Accent lighting onto landscaping and foliage may be permitted. All non-cutoff luminaries shall be shielded and directed  so that  the  light  distribution  is focused  toward  the functional landscape area being illuminated. All landscape accent fixtures shall be permanently fixed such that they are resistant from tampering or redirection of the light source. Accent lighting shall not be located in such a way as to have the bulb or lamp visible from pedestrian or vehicular
  • (2) Building Mounted Accent Lighting. Accent lighting which is attached to  building facades,  structures or  other  architectural  elements  may be permitted. All non-cutoff luminaries shall be shielded and directed so that the light distribution is focused toward the functional area  being illuminated.  Fixtures  designed  to  illuminate  the  vertical building surface,  such as sconces, may be permitted provided that the bulb is shielded with an opaque surface that restricts horizontal light
  • (3) Ground Mounted Accent  Lighting. Ground mounted accent lighting for buildings, when so approved, shall be directed onto non reflective 

surfaces of the building. Direct light emissions shall not be visible above the roof line or beyond the building edge. All upward aimed lights shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and all fixtures shall be located as close to the building being illuminated as possible. All ground mounted accent fixtures shall be permanently fixed such that they are resistant  from tampering or redirection  of the light source.

Ground mounted spotlights shall not be located in such a way as to have the bulb or lamp visible from a pedestrian or vehicular egress.

  • (4) Pole Mounted Accent Lighting. Pole mounted accent lighting for a building is not
  • (5) Pedestrian walkway lighting 42 inches or less in height above the adjacent walkway grade may be permitted. This includes lighting applications such as bollards, light fixtures located in retaining and landscape walls, and lighting fixtures located on or within structures utilized for pedestrian  safety, for example, stairwell
  • (6) Neon and Light Emitting Diode (LED) lighting shall be considered accent lighting in this ordinance and is permitted to accent architectural elements of nonresidential structures as long as it meets the  following requirements:
    • (a) Neon or LED lighting shall only be used to accent architectural  elements of nonresidential
    • (b) Neon or LED lighting used to accent architectural elements shall be mounted or affixed to the structure such that the material  behind  the lamp or tubing is non-reflective.
    • (c) Neon or LED lighting shall be designed, installed, located, and maintained such that all direct illumination is kept within the boundaries of the fixture owner's
    • (d) Neon or LED used in signs shall be regulated pursuant to the sign
    • (e) Neon and LED accent lighting shall be limited to one linear foot of lighting per linear foot of fa<;ade being illuminated and shall not exceed a maximum of 75% of the entire buildings linear fa<;ade
  • (7) Strands of individual, low-intensity, white decorative lights used to illuminate the outdoor patio space of bars and restaurants during their normal business 
  1. SITE AMENITIES

Each commercial development shall contribute to the establishment or enhancement  of  the  community and public spaces by providing at least two (2) of the amenities listed below. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the  building and  landscape.

  1. Patio, seating area;
  1. Pedestrian plaza with benches;
  1. Mini park, square or green;
  1. Transit stop;
  1. Public art;
  1. Window  shopping walkway;
  1. Outdoor play area;
  1. Kiosk area;
  1. Water  feature ;
  1. Clock tower or stee ple;
  1. Benches and bike racks;
  1. Tree preservation (if there are good, healthy specimen trees onsite deemed preservation worthy by the City or the City's professional representative). If specific trees are approved by the City for preservation, then the specifications for preservation of those trees shall be set out by the City at that time. All preservation specifications must be adhered to by the developer throughout construction.
  2. m. Any other deliberately shaped area and/or focal feature that, in the Planning Commission's judgment adequately enhances such development and serves as a gathering place.

If site furniture is selected as an amenity of choice, the following are preferred to provide continuity in the district (or acceptable substitutions are also allowed with approval by the planning commission or their designee):

Benches:          The specified benches and seating area shall be separate from the sidewalk. These should be installed on concrete (or other approved hard surface) and under shade whenever possible.  (This is to  encourage pedestrian friendly areas.)  Bench requirements: Victor Stanley Lily Bench, 6' surface mount, Model LIL-20 with pointed armrests and horizontal steel slats, black.

Bike Racks:      One bike space per 20 parking spaces. These should be located separate of the pedestrian sidewalks and should easily accessible between the bike path and the building entrance.  These must be on a hard surface (concrete or permeable).  {More bike racks encourages more bike use and keeps bikes from blocking sidewalks and other areas. ) Bike rack requirement s: Victor Stanley Freesia Bike Rack, surface mount, Model BFRE-161 single arch with cross bar, black. 

 

CORRIDOR OVERLAY DISCTRCT PLANT LIST

 

All varieties and cultivars  with similar characteristics are acceptable

Height

Spacing

Large Trees

   

Japanese Zelkova                 Zelkova  serrata

50'-80'

 

Willow Oak                           Quercus phel/os

40'-60'

 

Sycamore                             Planatus  occidentalis

80-100'

 

Lacebark Elm                       U/mus parvifolia

40'-60'

 

Tulip Poplar                          Liriodendron tulipfera (not within R.0. W)

70'-90'

 

Golden Rain Tree                  Koelreuteria  paniculata

30'+

 

Understory Trees

   

Oklahoma Redbud               Cercis  candidensis  'texensis' oklahoma

25'-30'

 

Kousa Dogwood                  Cornus kousa

10'-20'

 

Japanese  Flowering

   

Cherry                                  Prunus serrulata

30'-40'

 

Natchez Crapemyrtle             Lagerstroemia  indica 'Natchez'

20'-25'

 

Smoke Tree                          Cotinus coggygria

10'-15'

 

Serviceberry                         Amelanchier arborea

15'-25'

 

Evergreen Shrubs

   

Compact Japanese Holly       /lex crenata 'Compacta'  or 'helleri'

4'-5'

3'OC

Seagreen Juniper                  Juniperus X pfitzeriana 'Sea Green'

4'-6'

5'OC

Boxwood                             Buxus sinica var. insularis 'Wintergreen'

2'-4'

3'OC

Dwarf Yaupon Holly               /lex vomitoria

3'

3' OC

Laurel                                   Prunus lauroceracus

5'+

4'OC

Nellie R. Stevens Holly           /lex 'Nellie R. Stevens'

15'-20'

5' oc

Foster's Holly                       /lex attenuate 'Fosteri'

20'

7'8'OC

Grasses  and Deciduous

   

Shrubs

   

Ninebark                              Physocarpus opulifolius

8'

8'OC

Maiden Grass                       Miscanthus sinensis 'Gracillimus'

4'-7'

5'OC

Fothergilla                            Fothergilla gardenii

l.5'-3'

3' oc

Sweetspire                           ltea virginica

8'

5' oc

Crape Myrtle                         Lythraceae

3'-5'

3' oc

Chinese Fringe Flower           Loropetalum  chinense

5'

5' oc

Weigela                                Weige/a florida

3'

3' OC

Switchgrass                         Panicum  virgatum

5'

3'OC

Arrowwood viburum              Viburnum dentatum

6'

6'OC

Perennials {Multiple varietes allowed)

   

 

   

 

 

 

            

Friday, 16 June 2017 14:17

ORDINANCE 2017-08

ORDINANCE NO. 2017-08

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY  IDENTIFIED  IN  REZONING   PETITION 2017-

01 OF TONS OF STORAGE,  LLC,  APPROVED  APRIL  6 2017,  BY  JOHNSON  PLANNING COMMISSION.

 

WHE REAS, the Planning Commission on April 6, 2017, passed the Rezoning Petition of Tons of Storage, LLC, and recommended to the City  Council  passage  of an ordinance  to  rezone the described  property  from A-1  to C-1;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON , ARKANSAS:

Section 1That  the zone classification of the following described  property  be changed  from  A-1 to C-1:

See attached  "Exhibit A"

 

Section 2: That the official Zoning District's map of the City of Johnson, Arkansas is hereby amended to reflect the zoning change in Section 1 above.

 

PASSED AND APPROVED this 13day of June 2017

 

Friday, 16 June 2017 14:16

ORDINANCE 2017-07

ORDINANCE NO. 2017- 7

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION  2017- 02  OF  TONS  OF  STORAGE,   LLC,  APPROVED   APRIL 6

2017, BY JOHNSON  PLANNING COMMISSION.

WHEREAS, the Planning Commission on April 6, 2017, passed the Rezoning Petition of Tons of Storage, LLC, and recommended to the City  Council  passage  of an ordinance  to rezone the described  property from C-1/R- l  to C-1;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

Section 1That the zone classification of the following described  property  be changed from C-1/R-1  to C-1:

See attached "Exhibit Q"

Section 2: That the official Zoning District's  map of the City of Johnson, Arkansas  is hereby amended to reflect the zoning change in Section  1  above.

PASSED AND APPROVED this  13 day of June 2017.ATTEST:

Friday, 16 June 2017 14:15

ORDINANCE 2017-06

ORDINANCE  NO. 2017-06

AN ORDINANCE AMENDING TITLE 5 OF THE JOHNSON MUNICIPAL CODE BY ADDING CHAPTER 5.10 SOLID WASTE AND AMENDING TITLE 5, CHAPTER 5.04 AND CHAPTER 5.12.

WHEREAS, a number of Ordinances have been adopted to deal with the promotion of good health and sanitation within the City for the benefit of residents and visitors throughout the history of the City;

WHEREAS, some of those Ordinances have dealt with broad areas and topics while other Ordinances were more narrowly drawn;

WHEREAS, several of these Ordinances have contained definitions for categories of waste, refuse and rubbish with some definitions conflicting with and/or confounding other definitions;

WHEREAS, from time to time definitions do need to be updated, refined, clarified or expanded due to any number of causes;

WHEREAS, Ordinance No. 2013-08 of the City of Johnson adopted June 11, 2013, formally adopted the Johnson Municipal Code which superseded all other general and permanent Ordinances adopted prior to April 9, 2013 as provided therein;

WHEREAS, Ordinance No. 2013-08 expressly provided that "all previously adopted Ordinances, whether or not included in [sic] Code, shall remain in full force and effect until specifically repealed, amended or otherwise affected by action of the governing body.";

WHEREAS, the City Council desires to adopt new, revised and/or better stated definitions dealing with the maintenance and promotion of good health and sanitation within the City, it is hereby declared the express intent of the Council that the definitions set forth in this Ordinance shall supersede the same or similar definitions previously adopted by Ordinance which previous definitions are hereby repealed to the extent of any conflict with those hereinafter set forth;

WHEREAS, Ordinance No. 2016-27 amended Title 5, Chapter 5.04 and incorrectly listed Chapter 5.04 as Title 5.04 instead, which mistake needs to be corrected; and,

WHEREAS, the City, from time to time, has previously and will continue to enter into agreement sand contracts with other municipalities, entities and people to obtain certain services, benefits and/or goods, and those agreements/contracts often contain "definitions" to clarify and make certain the intent of such agreements/contracts, the definitions hereinafter set forth shall not impact, alter or amend such agreement/contract definitions whether entered into before or after the adoption of this Ordinance.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS that:

Section 1:       Title 5 of the Johnson Municipal Code is hereby amended by adding "Chapter 5.10 Solid Waste-Definitions" to the Chapters Index in Title 5.

Section 2:    Title 5 of the Johnson Municipal Code is hereby amended by adding

Chapter 5.10, Solid Waste-Definitions as follows:

CHAPTER  5.10 SOLID WASTE-DEFINITIONS

DEFINITIONSFor the purposes of Title 5 (and as otherwise specified within this code) the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Biomedical Waste: This waste typically generated during the diagnosis, treatment, immunization of human beings or animals or in research  activities  in these  fields or in the testing  or production  of biologicals.

Brush:   Shrubbery,  bush, and trees trimmings  under three (3) inches  in diameter.

Bulky Waste: Items too large for collection  by contractor  or solid waste contractor  or too large for residential garbage carts, such as appliances, furniture, residential garbage carts,  such as limbs, etc.

Construction Debris: The refuse, byproducts, wrappings and  waste  of  all  types produced or left over as the result of the demolition, construction, repair, alteration, renovation, addition or work on buildings,  structures or other  manmade  improvements.

Contractor or Solid Waste Contactor: Means that sanitation company to which the City's bid was let for the residential solid waste contract, or a licensed commercial solid waste contractor.

Extraordinary Materials: Hazardous wastes, body wastes, dead animals, abandoned vehicles,  vehicle parts, large equipment  and parts  thereof.

Garbage: All waste accumulations of animal, fruit, or vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fowl, fish, fruits, or vegetables, tins cans, or other containers originally used for food stuffs. The term "garbage" shall not include mineral wastes or manufacturing or processing wastes.

Hazardous Materials: Wastes that are hazardous by reason of their pathological explosive, radiological or toxic characteristics, or by virtue of their being defined as hazardous by any state or federal law or regulation.

Limbs: Tree trimmings over three (3) inches in diameter. Motor Vehicle: State law reference A.C.A § 27-49-219(b). Person: Any individual, legal entity, firm, or corporation.

Residential Multiple Family: A residential multiple-family complex of four or more residential units or a mobile home park where services for the removal of solid waste are paid by the individual residential units.

Residential Multiple Family-Single Payor: A residential multi-family complex of four or more residential units or a mobile home park where services for the removal of solid waste are paid by a single payor whether solid waste of multiple residential units has one or more consumer collection areas or individual unit collection.

Residential Unit: A house, apartment, mobile home, manufactured structure, building or a portion thereof designed for occupancy by a single family (of related persons) or not more than four (4) unrelated persons.

Sidewalks: That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians, including, but not limited to, improved trails.

Signs: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service or a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. A sign shall not include such devices located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant, or insignia of any state, city, or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

Solid Waste: Trash and garbage, but not biomedical waste, hazardous materials, special materials,  extraordinary  materials, limbs.

Special Materials: Those bulky materials or other special wastes that are not stored in approved containers and cannot  be picked  up by hand.

Trash: All nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as paper, cardboard, glass crockery, excelsior, cloth and similar materials. The term "trash" shall not include mineral waste or manufacturing or processing wastes."

Yard Waste:.Grass  clippings,  leaves  and shrubbery  trimmings  (ACA  Sec 8-6- 220(c)(3))

Section 3:        The heading of Title 5.04 Clean Up and Maintenance of Real Property of Title 5 of the Johnson Municipal Code is hereby amended to read as follows:

CHAPTER 5.04

Clean  Up and Maintenance  of Real Property"

Section 4:        Title 5, Chapter 5.04, Section 5.04.02 Definitions is hereby amended by deleting the separate definitions listed thereunder and replacing those definitions with the following text:

"Terms/words defined in J.M.C. Title 5, Chapter 5.10 shall be controlling as to the use of such terms/words in this Section"

 Section 5:

read as follows:

Sections:

 

Title 5, Chapter 5.12 the Sections index is hereby amended to

5.12.1                            General Provisions  Applicable  to All

5.12.2                            Commercial  Solid Waste

5.12.3                            Residential  Solid Waste

 

Section 6:        Title 5, Chapter 5.12, Section 5.12.01 is hereby amended by amending the title to this Section and deleting the separate definitions listed thereunder and replacing such title and those definitions with the following:

"5.12.01 GENERAL PROVISIONS APPLICABLE TO ALL terms/words

defined in JMC Title 5, Chapter 5.10 shall be controlling as to the use of such terms/words in this Section.

  1. All residents, businesses, commercial establishments of all types, industrial operators and occupants of Johnson shall contract with appropriately licensed collectors, haulers, transporters, disposal entities, contractors/solid waste contractors to dispose of garbage, trash, solid wastes, biomedical waste, extraordinary materials, special materials, hazardous materials and/or other refuse as required by local, state or federal laws/regulations.
  2. All residents, except for those classified as Residential Multiple Family­ Single Payor, shall utilize the services of the Contractor/Solid Waste Contractor having the current Residential Solid Waste Collection contract with the City. Residents shall not opt to assume the responsibility of transporting or disposing of solid waste for themselves.
  3. Pursuant to the provisions of JMC Title 5, Chapter 5.12, each business, commercial establishment, industrial operator, Residential Multiple Family-Single Payor complex and all other nonresidential occupants of the City shall contract with an appropriately licensed commercial solid waste contractor or other appropriately licensed hauler, transporter, collector or disposal entity to dispose of their/its garbage, trash, solid wastes, biomedical waste, extraordinary materials, special materials, hazardous materials and/or other refuse. However, business or commercial establishments occupying premises under common ownership may elect to cooperate in utilizing a common collection site and single licensed commercial solid waste contractor.
  4. All residential solid waste shall be collected as provided in the City's contract with the solid waste contractor. All businesses, commercial establishments, industrial operators and other nonresidential occupants of Johnson shall arrange for solid waste collection on a basis sufficient to avoid overflows of the approved containers and to avoid creating noxious or nuisance situations/circumstances which impact neighbors or the public. Failure to comply in this regard following a 24 hour warning shall be considered a violation punishable as provided in JMC Section 1.32.01.
  5. All occupants of the City shall utilize containers provided by the licensed solid waste contractor unless a business, commercial establishment, industrial operator or other nonresidential occupant provides a container which is approved by the contractor and the City.
  6. All persons working in the City who produce construction debris shall make adequate provision for the containment and periodic removal from the City of such debris by lawful means. Areas where such work is being performed shall not be allowed to become noxious or to create a nuisance injurious to the health of the workers or the public. Failure to comply in this regard following a 24 hour warning shall be considered a violation punishable as provided in JMC Section 1.32.01.
  7. Yard waste and limbs may be disposed of in accordance with JMC Sections 7.16 and 7.18. 
  8. Residential solid waste containers shall be placed as required by the City agreement with the solid waste contractor by residents on the collection dates. Solid waste containers used by all other occupants of the City shall be kept on the premises at a location readily accessible to the contractor's personnel or equipment. No solid waste containers shall be kept or placed in a location so as to create a public nuisance or impede traffic or pedestrian travel.
  9. It is hereby declared unlawful for an owner, occupant, tenant, lessee or licensee of a dwelling, business, commercial establishment, industry, warehouse or other property within the City to allow solid waste to accumulate on his/her premises, to place solid waste on the premises of another, or to allow an unsanitary or unhealthy condition to exist. Failure to comply following a warning and reasonable time to come into compliance shall be considered a violation and punishable as provided in JMC Section 1.32.01.
  10. All residents, owners and occupants of property within the City required by Title 5 of the JMC to provide for collection of solid waste by a contractor shall pay for such services at the rates set forth in the City's agreement with the solid waste contractor or as otherwise agreed with a solid waste contractor."

 Section 7:

follows:

 Title 5, Chapter 5.12, Section 5.12.02 is hereby amended to read as

 "5.12.02 Commercial Solid Waste

 

  1. Insurance From and after the effective date hereof, all collectors, haulers, and transporters of solid waste, and persons or entities disposing of commercial solid waste, hazardous materials, extraordinary materials, construction debris or biomedical waste, from within the city limits of Johnson, Arkansas shall provide to the city copies of the following:

  

  1. Current waste hauler license issued by the state of Arkansas.
  2. Automobile/motor vehicle liability insurance policy in amount not less than $500,000/$1,000,000;
  1. Workers compensation coverage for all employees/workers within Johnson;
  1. General liability insurance policy in amount not less than $1,000,000;
  1. Contract/agreement with permitted/licensed landfill/disposal site;
  1. Copy of contract, agreement with each commercial client in Johnson; and,
  1. All licenses, permits or other authorizations required by governmental unit/agency;

and shall provide such information prior to collecting, hauling or transporting of such commercial solid waste/specified materials within Johnson and provide renewals/replacements thereof as necessary.

  1. Fees There is hereby levied a fee to be paid by the person or entity collecting, hauling, or transporting of commercial solid waste, hazardous materials, extraordinary materials, or biomedical waste (hereinafter 'specified materials') within Johnson, Arkansas. This fee shall offset the administrative costs of collecting, safekeeping and managing the documents provided and offset the costs of personnel, equipment and associated expenses in visiting such commercial locations to insure compliance with laws and regulations. The fee shall apply to each person or entity collecting, hauling or transporting commercial solid waste

/specified materials with regard to each commercial customer/location (with each dumpster/solid waste receptacle being considered a separate location). The fee shall be due at the time the documents are provided to the city and shall cover a period of twenty-four (24) months or the length of the agreement between the commercial endeavor and the collector, hauler, transporter or person/entity disposing of commercial solid waste, whichever is shorter.

The fee to be charged to operators doing business with commercial entities within Johnson is hereby set at Twenty-Five Dollars ($25.00) for each commercial location or business with whom the operator has an agreement/contract. The fee set hereof shall be reviewed at least annually by city staff to ensure its sufficiency, necessary adjustments shall be recommended to the City Council so as to prevent overcharging or undercharging the operators.

The fee shall be determined by the City Council from time to time based upon information provided by city administrative and inspection officials concerning the costs related to this program. When, and as determined by the City Council, the fee shall be set by proper resolution pending future review and adjustment.

  1. Copies Beginning in the year 2011, information provided to business/commercial endeavors within Johnson, in regard to business licenses and other such information, shall include either a copy of this ordinance or a notice of same. Additionally, copies of this ordinance shall be provided to all persons/entities known by the city to collect, haul or transport commercial solid waste/specified materials within Johnson.
  1. Compliance Nothing herein shall relieve any person, entity, business or commercial endeavor collecting, hauling, disposing of, or generating hazardous materials, extraordinary materials or any substance regulated by state or federal law with strict compliance with all such laws and regulations.
  1. Application Prior to commencing the collecting, hauling or transportation of commercial solid waste/specified materials within Johnson, a person or entity engaging in such shall provide the documentation called for in Subsection (A), pay the fee then in effect, and complete an application as required by the City."

Section 8:        Title 5, Chapter 5.12, Section 5.12.03 is hereby amended to read as follows:

"5.12.03 Residential Solid Waste

 

  1. Periodically the City shall award a contract to a company or individual willing to provide collection, hauling, transportation and disposal services of solid waste and recyclables (as defined in such contract) for residents within the City. Such contract may also provide for collection and composting of certain yard waste for the residents of the City. Such award shall be by Ordinance following the application/bidding procedure as authorized by the City Council.
  1. Pursuant to such Ordinance there shall be levied fees/rates for collection and disposal of solid waste and recyclables as well as composting collection services in accordance with the terms of such contact. However, the gross receipts taxes of the City of Johnson shall apply to all services subject to same provided by contractor within the City.
  1. Such Ordinance shall grant to the company/individual awarded the contract a  license  to  operate  appropriate  vehicles  and  equipment,  in  order to

perform such contract, on existing and newly dedicated streets rights-of­ way, alleys, utility easements and other public passageways within Johnson.

  1. The Ordinance shall grant unto such company/individual a franchise to provide residential collection and disposal of solid waste and recyclables along with composting services pursuant to the terms of the contract within the Johnson corporate limits as therein provided.  Said franchise shall be for the effective dates of the contract.

Section 9:       This Ordinance  shall  be effective on the 13 day of June , 2017

and thereafter.

13   day     of June

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