Planning Commission Minutes
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Planning Commission Minutes

Michelle Horne

Michelle Horne

Monday, 24 October 2016 14:27

Street Light and Sign Design

The city is currently working on plans to update infrastructure, which includes roads, sidewalks and trails, etc. Part of the design process is street/walkway lighting and street signs. To aid the city in choosing a design we ask that you take the time to look at the example that is in front of city hall and complete the survey below.

 

https://www.surveymonkey.com/r/RMCXGR7 

Thursday, 13 October 2016 15:42

September 13, 2016

JOHNSON CITY COUNCIL

MEETING MINUTES

CITY HALL

September 13, 2016

Mayor Chris Keeney called the meeting to order at 6:00 pm.

Present were Aldermen Richard McMullen, Bill Burnett, Dan Cross, Hunter Haynes, Bob Fant and Melissa Posinski. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Special Attorney Justin Eichmann, Police Chief Vernon Sisemore, Fire Chief Matt Mills, Public Works Director Jerry Morrow and Building Official/Maintenance Specialist Clay Wilson.

Mayor Keeney stated he needed to amend the agenda and added 3 items as follows: Continue discussion of the Casper Acquisitions lawsuit; add Ordinance 2016-22; Discuss Ordinance 2016-19 that was tabled at the last meeting. Dan Cross made a motion to approve the agenda amendments and Bob Fant seconded. All approved. Dan Cross made a motion to take Ordinance 2016-19 from the table and add to the end of the meeting. Motion was seconded by Richard McMullen and all approved.

Mayor Keeney asked for a motion to approve the minutes of the August 9, 2016 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Melissa Posinski. All approved.

Mayor Keeney asked for a motion to approve the minutes of the August 24, 2016 special council meeting. Melissa Posinski made a motion to approve the minutes as written and was seconded by Dan Cross. All approved.

Mayor Keeney asked for a motion to approve the minutes of the August 26, 2016 council meeting. Melissa Posinski made a motion to approve the minutes as written and was seconded by Bob Fant. All approved.

Mayor Keeney asked for a motion to approve the minutes of the September 9, 2016 council meeting. There was discussion about the last page. Bob Fant made a motion to approve the minutes as amended and was seconded by Hunter Haynes. All approved.

Department Head Reports

Police Chief Vernon Sisemore stated that 36 new cases were opened, 31 of which were closed. Chief Sisemore stated the department is at full staff with all officers having graduated from field training.

Fire Chief Matt Mills stated there were 29 calls for service; 235 year to date. Mills stated they made the final cut for the air pack grant, but didn’t get it. Mills stated each pack costs $6,900 - $7,200 for the pack, bottle and mask; these have a life expectancy of 7-10 years and they will need to replace 16 over time but 5 will have to be replaced in the next 12-18 months.

Public Works Director Jerry Morrow stated he has applied for permits from ADEQ to clear 3 creeks; at the Elmore Street bridge, low water bridge on Ball St. and drainage east of 48th St. Morrow stated he has received a proposal for tree removal along Johnson Road.

Building Official/Maintenance Specialist Clay Wilson stated there were 6 new building permits issued and 20 code violations, mainly keeping vacant commercial lots mowed. Wilson stated he had worked on plan reviews and vehicle maintenance.

Planning Commission Chairman Dan Cross stated the Planning Commission endorses the nuisance ordinance but it still needs work.

Recorder/Treasurer Jennifer Allen stated State Turnback and Property Taxes have been received, but Sales Taxes have not. Allen stated City finances took a hit in August when City Sales Tax came in at a little over $20,000 rather than the $45,000 - $50,000 we have been accustomed to. The reason given by DFA was that large local tax rebates were claimed against our account. Since 2008, any sales tax paid on a verifiable business purchase over $2,500 are paid to the state, but can be claimed as a rebate within 1 year. Apparently we had a lot of claims hit at the same time. Allen stated the grant money from the Walton Family Foundation for the geo tech study was received and will be paid out as soon as the test results have been received. The funds are set aside.

City Attorney Danny Wright stated the City has been sued. Wright stated he has worked on an ordinance regarding burn permits and looked for law requiring the railroad to clean up their right-of-way. Wright stated that regarding Ordinance 2016-20 and Ordinance 2016-21, earlier in the year the PC gave approval for these easement vacations contingent on combining the lots to one owner and providing proper legal descriptions. Wright stated these contingencies have not been met and asked that when the meeting reaches that point on the agenda a motion be made to table each one until the contingencies have been met.

Mayor Keeney stated that the City has some contracts that expire at the end of the year; one with the Fire Department and one with Waste Management whose contract is on its last auto-renew. Mayor Keeney stated we are going to put trash service out for bid and will discuss it at the October meeting.

Mayor Keeney stated he has spent a lot of time working on the lawsuit.

Unfinished Business:

none

New Business:

Mayor Keeney asked for motion to table ORDINANCE 2016-20 which was made by Dan Cross and seconded by Bob Fant. All approved.

Mayor Keeney asked for motion to table ORDINANCE 2016-21 which was made by Richard McMullen and seconded by Bob Fant. All approved.

Attorney Justin Eichmann started a lengthy discussion of the Casper Acquisitions lawsuit and the current settlement offer on the table. Many residents were present and all voiced negative concerns about the settlement and electronic billboards in general; they were all against having them anywhere in Johnson. Bob Fant made a motion to not consider the settlement offered because it is not a global settlement, but just one sided, and was seconded by Richard McMullen. All approved. Eichmann went on to suggest that before the ordinance allowing billboards is repealed, the City consider a 180 day moratorium be passed which would not allow issuance of any billboard permits.

Mayor Keeney presented ORDINANCE 2016-22:  AN ORDINANCE TO INSTITUTE AN IMMEDIATE ONE HUNDRED AND EIGHTY (180) DAY MORATORIUM TO NOT ACCEPT ANY APPLICATIONS NOR ISSUE ANY PERMITS FOR BILLBOARDS AND DIGITAL BILLBOARDS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2016-22 in its entirety, waiving the second and third readings. Motion was made by Melissa Posinski and seconded by Dan Cross. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski; yes. Attorney Eichmann stated the purpose of this ordinance is to give the city time to fully inform residents about all the issues and discuss all areas of concern, and to develop a more orderly and transparent process. City Attorney Danny Wright read the ordinance in its entirety. Discussion was brought up about not accepting applications during the moratorium along with not issuing permits. Hunter Haynes made a motion to make this amendment to section 1 and to the title and was seconded by Richard McMullen. All approved. The corrected language is reflected in the title above. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2016-22, waiving the second and third readings. Motion was made by Hunter Haynes and seconded by Bill Burnett. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. Mayor Keeney asked for a motion to ready the emergency clause. Motion was made by Dan Cross and was seconded by Bob Fant. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Wright read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion to approve was made by Melissa Posinski and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. ORDINANCE 2016-22 was approved.

Mayor Keeney presented ORDINANCE 2016-19: AN ORDINANCE TO REPEAL ORDINANCE 2016-16 IN ITS ENTIRETY, DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2016-19 by title only, waiving the second and third readings. Motion was made by Richard McMullen and seconded by Dan Cross. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski; yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2016-22 by title only, waiving the second and third readings. Motion was made by Richard McMullen and seconded by Bill Burnett. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. Attorney Wright asked for a motion to ready the emergency clause. Hunter Haynes made a motion to ready the emergency clause and was seconded by Bob Fant. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Wright read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion to approve was made by Bob Fant and seconded by Hunter Haynes. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. ORDINANCE 2016-19 was approved.

Mayor Keeney asked for a motion to pay the bills from the General Fund, Street Fund, Act 988 Fund and Court Automation Fund that the council had reviewed. Bob Fant made a motion to pay the bills and Melissa Posinski seconded. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to adjourn which was made by Bob Fant and seconded by Melissa Posinski. All approved including Mayor Keeney.  The meeting was adjourned at 7:35 pm.

Respectfully Submitted,

_________________________________    ___________________________________

Jennifer Allen CMC, CAMC                              Chris Keeney, Mayor

Recorder/Treasurer 

Tuesday, 11 October 2016 13:38

August 4, 2016

Tuesday, 11 October 2016 13:37

July 7, 2016

Tuesday, 11 October 2016 13:36

June 2, 2016

Tuesday, 11 October 2016 13:33

October 6, 2016

Friday, 09 September 2016 14:51

Ordinance 2016-18

                   ORDINANCE NO. 2016-18

                   CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS AN ORDINANCE AMENDING SECTION 7.12.04 PLACES OF CHAPTER 7.12: POSTING OF ORDINANCES OF THE JOHNSON MUNICIPAL CODE SPECIFYING THE FIVE (5) PLACES FOR POSTING OF ORDINANCES AND OTHER NOTICES, AND DECLARING AN EMERGENCY

     WHEREAS, the City Council of Johnson has adopted Section 7.12.04 PLACES, of Chapter 7.12: POSTING OF ORDINANCES et seq., as amended; and

     WHEREAS, on or about December 13, 2011, the City Council of Johnson adopted Ordinance No. 2011-11 providing five (5) specific places for posting of ordinances and other notices within the city and said Ordinance No. 2011-11, as it has been amended and was thereafter codified within Chapter 7.12: POSTING OF ORDINANCES in the Johnson Municipal Code; and

   WHEREAS, the City Council of the City of Johnson now finds it to be in the best interest of the citizens of the City of Johnson to amend Section 7.12.04 PLACES OF Chapter 7.12 POSTING OF ORDINANCES of the Johnson Municipal Code; and

   WHEREAS, having fully reviewed the proposed amendment, the Johnson City Council has determined that Section 7.12.04 PLACES of Chapter 7.12: POSTING OF ORDINANCES, of the Johnson Municipal Code should be revised and amended, as set forth herein  below.

           NOW THEREFORE, BE IT ENACTED AND ORDAINED, by the City Council of the City                 of Johnson, as follows:

        Section 1.  Section 7.12.04 PLACES of Chapter 7.12: POSTING OF ORDINANCES, of the Johnson Municipal Code shall now read as follows:

7.12.04 Places Effective with the passage of this ordinance, the five (5) most public places in Johnson, Arkansas, are hereby determined to be:

                  City Hall -  south entrance;

                 City Hall - 2904 Main Drive, freestanding bulletin board; Police Department, 2904 Main Drive, inside                                                bulletin board;

                     Former Post Office, southwest corner of Main and Wilkerson, freestanding bulletin                                                                            board; and

                 Shoppes at the Mill, 3801 Greathouse Springs Road, freestanding bulletin board
              Ordinance Amending Section 7. I 2.04of Chapter 7. I 2 Posting of Ordinances.
In the event that any section,  paragraph,  subdivision,  clause,  phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.
Section 3.        Declaration of Emergency.   It is hereby found and determined that Section7.12.04Chapter 7.12: POSTING OF ORDINANCES, of the Johnson Municipal Code should be immediately amended in order to clarify and amend the five (5) specific places for posting ordinances and other notices within the City of Johnson. Therefore, an emergency is declared to exist, and this act, being immediately necessary for the preservation and protection of the public peace, health, safety and welfare of the City and its citizens, shall become effective on the date of its passage and approval by the Mayor.

        PASSED AND APPROVED this 26th day of August, 2016.

 

 

Monday, 22 August 2016 14:30

Ordinance 2016-11

ORDINANCE NO. 2016-11 AN ORDINANCE APPROVING A CONTRACT WITH SPRINGDALE, TO PROVIDE WATER SERVICE TO CUSTOMERS WITHIN CERTAIN AREAS OF JOHNSON, ARKANSAS, AND GRANTING A FRANCHISE TO THE SPRINGDALE WATER AND SEWER COMMISSION TO PROVIDE WATER SERVICE WITHIN THE CITY OF JOHNSON AND DECLARING AN EMERGENCY TO EXIST

WHEREAS , there has been a contract with the City of Springdale for the Springdale Water and Sewer Commission to provide water service to customers in certain areas of the City of Johnson.
WHEREAS, the most recent contract was for ten (10) years and has by its terms expired. BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,
Section 1: That the agreement attached hereto which is titled Inter-Municipal

Contract for Water Service Between the Cities of Johnson and Springdale, Arkansas bearing the date of / / , 2016 , having been read, studied and considered by the Johnson City Council should be and hereby is approved and ratified; the Mayor and Recorder-Treasurer are directed and authorized to execute same for and in the name of the City.
Section 2: Pursuant to the attached agreement there is hereby levied fees/rates for water service, water tap s/connections and associated services within that portion of Johnson served by the Springdale Water and Sewer Commission identical to the fees/rates established by the relevant Springdale ordinance for users of their water service outside of the Springdale city limits . However, the gross receipts taxes of the City of Johnson shall apply to all charges for water service within the City of Johnson collected by the Springdale Water and Sewer Commission.

C,,. -
Section 3: There is hereby granted to the Springdale Water and Sewer Commission a license to own, operate, maintain, improve, and place existing and new additional water service facilities on existing and new dedicated street rights-of-way, alleys, utility easements and other public passageways within that portion of the City of Johnson served by the Springdale Water and Sewer Commission. This license shall enable the Commission to lay, relay, install, improve, operate and maintain water lines and appurtenances over, under and across such public rights-of­ way, alleys and passageways. This license shall be in full force and effect during the effective period of the agreement attached hereto.
Section 4: A franchise is hereby granted unto the Springdale Water and Sewer Commission, without a franchise fee or franchise tax, to own, improve, maintain , expand and operate a water service (delivery, storage and maintenance thereof) within the City of Johnson corporate limits on properties owned or leased by the Commission and on public rights-of-way, alleys and passageways as herein provided. Said franchise shall be for the effective dates of the agreement attached hereto.
Section 5: Provision for water service for the residents of the City of Johnson helps secure the public peace, health and safety. Therefore, an emergency is hereby declared to exist. This ordinance shall be immediately effective upon its passage and approval.
PASSED AND APPROVED this

ATTEST:

J

Tuesday, 16 August 2016 19:03

Ordinance 2016-15

ORDINANCE NO. 2016-15

A ORDINANCE AMENDING ORDINANCE 2007-10 (STANDARDS AND GUIDELINES FOR PLANNED UNIT DEVELOPMENT) AND FOR OTHER PURPOSES

WHEREAS, development of real property in Northwest Arkansas, and the City has seen many changes over the last eight years;

WHEREAS, the City staff and Planning Commission are constantly revisiting procedures set out in City ordinances to keep them consistent with similar provisions    in sister cities;

WHEREAS, the City staff and the Planning Commission recommended certain amendments to the PUD Ordinance to protect the unique character of our City and  yet facilitate  healthy new development.

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

Section 1:   'Section 1: General Description of Ordinance 2007-10 is hereby amended by the addition of the following paragraph which will become the last paragraph in that Section, to-wit:

"If the PUD zoning district Preliminary Plan contains parking requirements/design standards, street and sidewalk requirements/design standards, landscape requirements/design standards, architectural design standards for residential, commercial and/or industrial uses and lot configurations, along with a procedure or mechanism for deviations, that plan, if specifically approved by the Planning Commission and adopted by the City Council , is an Approved Regulated Plan. An Approved Regulated Plan may define and determine what constitutes a 'minor amendment' to the plan and may control as to how minor amendments to such Plan are approved."

Section 2: 'Subsection (1) Amendments to Preliminary Plan.'  of  number  '(4)  Amendments.' to Section 3 of Ordinance No. 2007-10 (on page 7 of Ord. 2007-10) is hereby amended by the following language being substituted in place of the language in the third sentence which  precedes the colon, to-wit:

 
  In addition to the 'minor amendments' as defined or determined by an Approved Regulated Plan, other modifications from the previously  approved  preliminary  plan shall be deemed to be minor plan changes if any and all modifications by the applicant of the  plan do not:"

Section 3: 'Subsection (2) Amendments to Final Development Plan.' of number '(4) Amendments' to Section 3 of Ordinance No. 2007-10 (on page 8 of Ord. 2007-10) is hereby amended  by the following  language  being added as the beginning of the second  sentence to-wit:

"Minor Amendments as defined or determined by an Approved Regulated Plan and other".

Then the original text of the second sentence continue;

Section 4: These amendments to Ordinance 2007-10 shall be effective on the date of passage and approval of this Ordinance.

Section 5: That in all other respects Ordinance 2007-10 is approved, confirmed and ratified.

PASSED AND APPROVED this 14 day of June 2016.

       
       
 
Tuesday, 16 August 2016 18:58

Ordinance 2016-17

 

 
 
A ORDINANCE AMENDING ORDINANCE 2007-10 (STANDARDS AND GUIDELINES FOR PLANNED UNIT DEVELOPMENT) AND FOR OTHER PURPOSES  
 
WHEREAS, development of real property in Northwest Arkansas, and the City has seen many changes over the last eight years; 
WHEREAS, the City staff and Planning Commission are constantly revisiting procedures set out in City ordinances to keep them consistent with similar provisions in sister cities; 
WHEREAS, the City staff and the Planning Commission recommend certain amendments to the PUD Ordinance to protect the unique character of our City and yet facilitate healthy new development. 
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:
 
Section 1:   'Section l: General Description.' of Ordinance 2007-10 is hereby amended by the addition of the following paragraph which will become the last paragraph in that Section, to-wit: "If the PUD zoning district Preliminary Plan contains parking requirements/design standards, street and sidewalk requirements/design standards, landscape requirements/design standards, architectural design standards for residential, commercial and/or industrial uses and lot configurations, along with a procedure or mechanism for deviations, that plan, if specifically approved by the Planning Commission and adopted by the City Council, is an Approved Regulated Plan. An Approved Regulated Plan may define and determine what constitutes a 'minor amendment' to the plan and may control as to how minor amendments to such Plan are approved."
 
Section 2:   'Subsection (l) Amendments to Preliminary Plan.' of number '(4) Amendments.' to Section 3 of Ordinance No. 2007-10 (on page 7 of Ord. 2007-10) is hereby amended by the following language being substituted in place of the language in the third sentence which precedes the colon, to-wit:  
coj Amending Planned Unit Development Ord 052316
 
"In addition to the 'minor amendments' as defined or determined by an Approved Regulated Plan, other modifications from the previously approved preliminary plan shall be deemed to be minor plan changes if any and all modifications by the applicant of the plan do not:" 
Section 3:  'Subsection (2) Amendments to Final Development Plan.' of number '(4) Amendments' to Section 3 of Ordinance No. 2007-10 (on page 8 of Ord. 2007-10) is hereby amended by the following language being added as the beginning of the second sentence to-wit: 
"Minor Amendments as defined or determined by an Approved Regulated Plan and other". 
Then the original text of the second sentence continues. 
Section 4: These amendments to Ordinance 2007-10 shall be effective on the date of passage and approval of this Ordinance. 
Section 5: That in all other respects Ordinance 2007-10 is approved, confirmed and ratified. 
             PASSED AND APPROVED this _____day of ____________, 2016.