Planning Commission Minutes
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Planning Commission Minutes

Michelle Horne

Michelle Horne

Thursday, 16 February 2017 17:47

RESOLUTION 2016-13

RESOLUTION NO. 2016-13

A RESOLUTION CONFIRMING APPOINTMENT BY DISTRICT JUDGES JEFF HARPER AND GRAHAM  NATIONS OF RACHEL GUENTHER AS COURT  CLERK FOR THE JOHNSON DEPARTMENT OF  THE WASHINGTON COUNTY DISTRICT COURT AND THE APPOINTMENTS OF SUZY WALKER AND CHERYL MORGAN AS DEPUTY COURT CLERKS AND CITY COUNCIL DESIGNATION OF COLLECTOR FOR THE JOHNSON DEPARTMENT.

 

WHEREAS, effective January 1, 2017, the District Court Judges have appointed Rachel Guenther as Court Clerk for the Johnson Department of the Washington County District Court pursuant to ACA § 16-17-211, and have appointed Suzy Walker and Cheryl Morgan Deputy Court Clerks pursuant to ACA Sec. 16-17-106.

WHEREAS, the District Judges have also nominated Rachel Guenther as collector of all fines, costs and other sums due to said Court.

WHEREAS, appointment of the Deputy Court Clerks by the District Court Judge, pursuant to ACA § 16-17-106, requires approval of such appointments by the City Council.

BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,

That:

Section 1:        The appointment of Rachel Guenther as Court Clerk and the appointment of Suzy Walker and Cheryl Morgan as Deputy Court Clerks for the Johnson Department of the Washington County District Court by District Judges Jeff Harper and Graham Nations, effective January 1, 2017, is hereby approved.

Section 2:        The City Council of Johnson pursuant to ACA Sec. 16-13-709(a)(2)(A)(i) hereby designates Rachel Guenther, Court Clerk, as the collector of all fines assessed, costs levied and other sums due the Johnson Department of the Washington County District Court.

PASSED AND APPROVED this 13th day of December, 2016.

ATTEST:                                                                    

coj Deputy Court Clerk Res 112216

Thursday, 16 February 2017 17:43

RESOLUTION 2016-12

RESOLUTION NO. 2016-12

A RESOLUTION AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE A CONTRACT FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF JOHNSON AND THE JOHNSON AREA VOLUNTEER FIRE DEPARTMENT

WHEREAS, there exists a need to exhibit the City of Johnson's support for the Johnson  Area Volunteer  Fire  Department , and,

WHEREAS , the Johnson Area Volunteer Fire Department and the City have purchased equipment, obtained grants and taken various steps to enable the residents of Johnson to benefit from  the lower ISO rating, and,

WHEREAS, the Deputy Legislative Auditor  requires documentation  in the form of a written contract to support the financial assistance  to the Volunteer  Fire  Department  by the  City, and,

WHEREAS, the Johnson Area Volunteer Fire Department has provided valuable services to the City and to the citizens of Johnson in years past and evidences its intent to continue to provide these services,

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

  1. The Mayor and Recorder-Treasurer of Johnson, Arkansas, are hereby authorized  to execute the Fire Protection  Agreement with the Johnson AreaVoluntee rFire Department to secure to the City and its inhabitants the benefits set forth in sucAgreement (as attached hereto)for the term of such Agreement.
  1. That the Mayor and Recorder-Treasurer are hereby  authrizedto make the payments called for in such Agreement as they become due from the general fund.

PASSED AND APPROVED this 13 day of  December, 2016.

 

ATTEST:

Thursday, 16 February 2017 17:42

RESOLUTION 2016-10

RESOLUTION 2016-10

A RESOLUTION PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF JOHNSON, ARKANSAS, FOR THE TWELVE (12) MONTHS BEGINNING JANUARY l, 2017, AND ENDING DECEMBER 31, 2017; APPROPRIATING MONEY FOR EACH AND EVERY ITEM OF EXPENDITURE THEREIN PROVIDED FOR AND FOR OTHER PURPOSES.

WHEREAS , the City Council has made a comprehensive study and review of the proposed   budget,  and

WHEREAS, it is the opinion of the City Council that the schedules and exhibits of financial information prepared and reviewed revealing anticipated revenues and expenditures for the calendar year 2017 appear to be as accurate as possible for budgetary   purposes,

NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS :

SECTION  1:   This Resolution shall be known as the Budget Resolution for the City  of

.Johnson, Arkansas, for the twelve (12) month period beginning January L  2017, and ending December  31,  20 I 7,  reflecting  estimated  revenues  and  expenditures  as  hereinafter  set  forth  on the succeeding  pages at Exhibit  A.   All  revenues  herein are estimated  and  subject  to change    and

all appropriations are calculated upon available revenues.

SECTION 2: The respective amounts of funds for each and every item of expenditure classification herein proposed in the budget for 2017 are hereby approved by the City Council of Johnson, Arkansas, and are hereby authorized and appropriated for the purposes herein set forth  for the calendar year ending December 31, 2017.

Passed and approved this 13th day of December, 2016.

       
     
   
 

\ l un ic1pJ l, c,1_j O 1 7 J-3uJgct  Rc, n l u11o n

 
   


General ftund

2017 8ud;et


Revenue  & Expenditures

Revenue

Tax Receipts

Franchise Taxes Property Taxes Property Taxes - Street Sales Tax - City

Sales Tax - County Turnback • State

Fines and Forfeitures Court Costs - Act 1256 Fines

Restitution

Warrant Service Charge

Fees & Permits

5% state construction surcharg Building Permits

Business Licenses Demolition Permit Flood Hazard Permit Grading Permit Mechanical Permits Sign Permits Submittal Fees

Other Revenue

City Donations Copy Charges Grant Funding Interest Earned Johnson Festival

Misc Income • General Misc Income - Sales Police Dept Donation Rent - Post Office Surplus Carryover Trash Bags


Annual Budget

Jan 2017

Dec 2017

115,000.00

375,000.00

40,000.00

580,000.00

580,000.00

49,975.00

40,000.00

150,000.00

1.00

10,000.00

500.00

75,000.00

5,200.00

1.00

1.00

1.00

7,000.00

400.00

8,000.00

100.00

300.00

1.00

3,300.00

2,400.00

1,500.00

1.00

1.00

9,000.00

300,000.00

500.00


Expenses


Revenue           $2,353,182.00 Gross Proflt---,$",!2""',3 5e"!!3-1,""'s""'2"".0..,,.0


Police Department Expense

Cell Phone 2,000.00
Equip less $500 - Police 1,300.00
Equip less $500 - vehicle 2,500.00
Equip over $500 - Police 4,500.00
Equip over $500 • Vehicle 7,000.00
Fuel 30,000.00
General Expenses < $500 4,000.00
Gross Wages Police 526,108.00
LOPFI Funding 90,000.00
Maintenance for equip 1,500.00
PD Membership Dues 100.00
PD Office Expense 12,000.00


General Fund

2017 Budget


PD Safety Equip PD Travel Expense

Police Dept Donation Police Overtime wages Purchase New PD Unit

Records Management System Tower Rental

Training

Uniforms Expense Vehicle Insurance Vehicle  Maintenance

Administrative  Expense

5% State Construction Surcharg Admin Expense

Building Official Expenses Capital Outlay (over $500) Code Red

Gross Wages • City Office Expenses • Admln Overtime Wages- City Petty Cash Expense

Trans to Street • Property Tax Transportation Allowance Trash Bags

Travel Expenses Unemployment Fee

Fire Department Expense Fire Truck Insurance JAVFD  Contribution

JAVFD Equipment Expense JAVFD Vehicle Expense


Annual Budget

Jan 2017

Dec 2017

4,000.00

2,000.00

1.00

10,000.00

30,000.00

22,600.00

3,308.00

9,000.00

11,000.00

3,500.00

12,000.00

100.00

750.00

3,500.00

3,000.00

1.00

237,178.00

22,500.00

500.00

125.00

40,000.00

3,600.00

3,000.00

4,000.00

10,000.00

1,850.00

292,500.00

34,000.00

5,000.00


Court Expense  
Court Clerk Training 2,500.00
Court Office Expense 5,000.00
Court Office Overtime 500.00
Gross Wages Court Office 129,216.00

Benefits Expense

City Match • 401 K Plan

20,746.00
Medical Insurance 125,930.00
Medicare • Employers 12,941,00
One Time Pay Increase 4,000.00
Social Security • Employers 55,500.00
Workers  Comp Insurance 20,200.00
General Expense  
Animal Impound Fees 500.00
Bldg & Equip Malnt 15,000.00
Election Fee 2,500.00
Fire Hydrant Rental 2,400.00
Hazmat 1,300.00
Insurance • Property 2,500.00
Misc Expenses 6,000.00
Utilities Expense 25,000.00


General Pund

2017 Budget

 
   

Annual Budget

Jan 2017

                                Dec 2017                                                                                                                   

Professional  Services Expense


Engineering/Infrastructure Engineering/Mapping Engineering/Ordinance Updating Engineering/Storm Water Mgmt Engineering/Submitted Plan Rev Legal Fees

Planning and Zoning Special Attorney Fees

Dues and Membership Expense


20,000.00

3,000.00

1.00

17,500.00

38,000.00

30,000.00

5,000.00

20,000.00


Erner Medical Serv 23,000.00
Membership Dues 14,000.00
ORT Fair Share Contribution 5,000.00
Solid Waste District Contribut 2,600.00


Park Expense

Park Expense

Park Expense • Restroom

Advertising & Promotion Expense

Advertising Johnson Festival Public Relations

Other Expense


5,000.00

1,500,00

8,000.00

3,000.00

3,000.00


Kennel Upkeep/Food                                                    100,00

Transfer for Street Projects                            100,000.00

.....
 

Expenses          $2,180,455,00

Revenue Less Expenditures ---,;.$.-17,2,,.7.2.7.,.00 Net Change In Fund Balance                                                               $172,727.00

Fund Balances


Beginning Fund Balance

Net Change In Fund Balance Ending Fund Balance


0.00

172,727.00

0.00


City of Johnson 2017 Wages

Oeoartment Name   Uniform Unifonn MN<Wed 11121/2016  
    2017 2080 104 2017  
!Administration   Rate/hour ren ho11rc::. hnlidav hrc::. Annual               l,I  

I P I

C D

I

Court

Police

Council

lanninQ Commission Chris Keenev, Mavor

Transoortation Allowance for Mavo, ennifer Allen, Recorderffreasurer

lay Wilson, BuildinQ/Code/Maint/Animal anny Wriaht, Citv Attorney

acaueline Brookshier, Secretarv Admin Total

Rachel Duck, Court Clerk SuzvWalker

Cheryl Moraan Mark McCutcheon ICourt Total

Chief Vernon Sisemore

Detective Richard Duncan, CID Detective Bob Selph, CID Patrol Ser ant Jamie Holland Patrol Ser<leant Jerrv Bowen Patrolman Tommv Clark Patrolman Justin Belew Patrolman Clint Luond Patrolman Dominic Vecchi Patrolman Jason Cole Patrolman Michael Freeman Patrolman Peter McCollouqh

Mid vear oerformance adjustment Total Police

rrotal Salaries

$2,400.00

$25.00

$19.00

$17.00

$19.70

$17.00

$11.00

$14.43

$19.78

$20.87

$21.20

$19.78

$21.63

$18.13

$17.78

$16.88

$16.51

$16.35

$16.35

lannual

oer meetina "

$41,142.40

$43,409.60

$44,096.00

$41,142.40

$44,990.40

$37,710.40

$36,982.40

$35,110.40

$34,340.80

$34,008.00

$34 008.00

$308,380.80

$2,057.12

$2,170.48

$2,204.80

$2,057.12

$2,249.52

$1,885.52

$1,849.12

$1,755.52

$1,717.04

$1,700.40

s:1 7no.40

$20,617.12

$14,400.00

$2,625.00

$60,791.00                     3%

$3,600.00

$45,662.00                       38A

$39,520.00                 $0.93

$35,220.00                     6%

S:lfi :Vifl nn                 $0.45

$237,178.00

$40,976.00                 $0.50

$35,360.00                 $0.15

$22,880.00                 $0.50

$3Qnnn_nn                       $0.00

$129,216.00

$74,500.00                    cai

$43,199.52                                 $1.38

$45,580.08                $0.24

$46,300.80                 $0.62

$43,119.52                                 $0.39

$47,239.92                                    cac

$39,595.92                 $0.53

$38,831.52                $0.68

$36,865.92                $0.33

$36,057.84                $0.16

$35,708.40                $0.00

$35,708.40                $0.00

$3400.00

$526,107.84

$892,501.84

 


City of Johnson 2017 Wages

 
   


Street Fund

·2017 Bud9et

 
   

Annualludget

Jan 2017

                                                Dec2017                                                                                                               

Revenue  & Expenditures

Revenue

Tax Receipts


Property Taxes Street Turnback - State - Street

Other Revenue

Interest Earned Surplus Carryover


45,000.00

215,000.00

220.00

300,000.00

Revenue             $5'0,220,00


Expenses

Labor Expense

Gross Wages • Street


Gross Proflt          


$""'S..,6-0""',2..,.2""'0-,0-0

123,365.00


Street Wages Overtime                                             3,000.00

Benefits Expense  
City Match - 401 K Plan 1,810.00
Medical Insurance 29,532.00
Medicare • Employers 1,790.00
One Time Pay Increase 880.00
Social Security • Employers 7,650.00
Uniforms • Street 1,000.00

General Expense

Electric - Street Lights

24,000.00
Fuel - Street Vehicles 6,000.00
Signal  Maintenance 2,000.00
Street Cell Phone 1,000.00
Street Equipment Replacement 100,000.00
Street Shop Misc 2,000.00
Street Signs 10,000.00
Repair/  Maintenance Expense  
Equipment Maintenance 9,000.00
Street Repairs & Malnt 100,000.00
Trail System Expenses 100,000.00
Winter Chat 5,000.00
 

expenses                                                              $5_,2,.1..,.,0_2..7...,,0..0,.. Revenue Less Expenditures                                                                               $32,113,00

Net  Change  In Fund Balance                             $.;.,3="2 ,"!"1t 3 ,"l,'00


Fund Balances

Beginning Fund Balance

Net Change Jn fund Balance Ending Fund Balance


0.00

32,193.00

o.oo


Act 188

 
   


2017 Budget

Annual Budget

lan 2017

                                                                                                Dec 2017                                                                                                                   

Revenue  & Expenditures

Revenue

Fines and Forfeitures


No Ins Fine/ Act 988

Other Revenue

Surplus  Carryover

Expenses


30,000.00

----    -
 

5,000.00

Revenue              $35,000.00

Gross Profit               $35,000,00


Police Department Expense

---
 

Purchase New PD Unit                                           30,000.00

Expenses               $30,000,00

Revenue Less Expenditures                  $5,000,00

Net Change In Fund  Balance----,$",o!S....,,O,..,,O""'o""'.o--o

Fund Balances


Beginning Fund Balance

Net Change In Fund Balance Ending Fund Balance


0.00

5,000.00

0.00


Act 1lS6

2017 Bud9et


Revenue & Expenditures

Revenue

Fines and Forfeitures

Court Costs - Act 1256


Annual Budget

Jan 2017

Dec2017

85,000.00

Revenue----$-85-,0-00-.0-0


Expenses

Other Expense


Gross Profit               $85,000,00


Court Cost - General Fund 42,000.00
Court Costs - Dept. of Fin 17,800.00
Court Costs • LOPFI (Johnson) 6,700.00
Court Costs - WA County 18,500.00
Expenses $85,000.00


Fund Balances

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance


0.00

0.00

0.00



Court Automation fund

2017 Bud9et


Revenue  & Expenditures

Revenue

Other Revenue


Annual BudOet

Jan 2017

Dec 2017


Court Auto Fee   15,000.00
Surplus Carryover   4,500.00
 

Revenue

Gross Profit       

$19,500.00

$_1_9-,5-0-0-.0-0

Expenses

Other Expanse

Court Automation                                                   15,000.00

---....,..,""'!,"!!
 

Expenses               $15,000,00

Revenue Less Expenditures                 $4,500,()0

Net Chansie in Fund Balance                           $_4.,.5._o_o_.o_o

Fund Balances


Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance


0.00

4,500.00

0.00


Thursday, 16 February 2017 17:40

RESOLUTION 2016-09

RESOLUTION NO. 2016-09

A RESOLUTION APPROVING A CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF JOHNSON.

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

Section 1:          That the City Council of the City of Johnson, Arkansas hereby approves the attached 'Closed Admissions' Animal Sheltering Contract between Washington County, Arkansas and the City of Johnson, Arkansas whereby the County will provide animal sheltering services to the City of Johnson. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof

Section 2:         That the City Council of the City of JohnsonArkansas  hereby authorizes the Mayor and the Recorder-Treasurer, to execute the contract with Washington County and to make payment  pursuant to the terms of Exhibit   A.

PASSED and APPROVED this 7th day of

RESOLUTION NO. 2016-09

A RESOLUTION APPROVING A CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF JOHNSON.

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

Section 1:          That the City Council of the City of Johnson, Arkansas hereby approves the attached 'Closed Admissions' Animal Sheltering Contract between Washington County, Arkansas and the City of Johnson, Arkansas whereby the County will provide animal sheltering services to the City of Johnson. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof

Section 2:         That the City Council of the City of JohnsonArkansas  hereby authorizes the Mayor and the Recorder-Treasurer, to execute the contract with Washington County and to make payment  pursuant to the terms of Exhibit   A.

PASSED and APPROVED this 7th day of November, 2016

Thursday, 16 February 2017 17:17

ORDINANCE 2017-01

ORDINANCE NO. 2017-01

CITY OF JOHNSON,  WASHINGTON  COUNTY. ARKANSAS

 AN ORDINANCE  AMENDING  ORDINANCE  NO.  2016-22  TO INSTITUTE AN EXTENSION OF  AN  ADDITIONAL  ONE  HUNDRED AND NINETY (190) DAYS TO THE EXISTING MORATORIUM TO NOT ACCEPT ANY APPLICATIONS NOR ISSUE ANY PERMITS FOR BILLBOARDS AND DIGITAL BILLBOARDS, DECLARING AN EMERGENCY  AND  FOR OTHER PURPOSES.

 

WHEREAS, Ordinance No. 2007-09, an  Ordinance  setting forth the rules and regulations for the installation of signs  within  the City of Johnson  which  did not pennit the erection  of billboards  or digital  billboards,  was adopted  by the City of Johnson  City Council  on  August 14, 2007;

WHEREAS, Ordinance No. 2016-16 was adopted  by the City  of Johnson City Council on July 12, 2016 and purports to amend Ordinance No, 2007-09 specifically pertaining to billboard and digital billboard signs in  the  City  of Johnson; 

WHEREAS, following the receipt of numerous concerns involving the health, safety and welfare of the citizens of the City of  Johnson,  as  well  as  concerns for the orderly,  efficient  and  aesthetic  development  of  the  city, Ordinance No. 2016-22 was adopted by the City of Johnson City Council on September 13, 2016 to institute a one hundred and eighty (180) day moratorium  to not accept any applications nor issue any permits for  billboards  and  digital billboards;

WHEREAS, the City of Johnson has started a full  revision  of Ordinance No. 2007-09 as amended,  through  the  Johnson  Planning  Commission  including but  not limited  to the scheduling of  public forums;

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 Ordinance No. 2016-22 to institute an immediate extension of an additional  one  hundred  and  ninety ( 190) days to the moratorium to not accept any applications nor issue any pcnnits   for  billboards   and   digital   billboards;   and

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

SECTION 1. There is an immediate extension of an additional one hundred and ninety ( 190) days to the existing moratorium to not accept any applications nor issue any pe1mits billboards or digital billboards within the City of Johnson.

SECTION  2.  This  moratorium  may be extended  by the City Council  of  the City  of Johnson upon a finding  that  good  cause  exists  to add  adequate  time to  meet  the goals of  this moratorium.

EMERGENCY CLAUSE. The City Council hereby detennines that this Ordinance is necessary to preserve the quiet enjoyment of property, the character of the city, the safety of motorists who travel on streets and highways through the city and the hannony of land uses in and around the City of Johnson . Therefore, an emergency is declared to exist , and this Ordinance 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 immediately upon its passage and approval.

PASSED  AND APPROVED  this 14th day of February, 2017.

ATTEST: 

Thursday, 16 February 2017 17:16

ORDINANCE 2017-01

Thursday, 16 February 2017 17:14

ORDINANCE 2016-22

ORDINANCE NO. 2016-22

 CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

 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.

 

WHEREAS, Ordinance No. 2007-09, an Ordinance setting forth the rules and regulations for the installation of signs within the City of Johnson which did not permit the erection of billboards or digital billboards, was adopted by the City of Johnson City Council on August 14, 2007;

WHEREAS, Ordinance No. 2016-16 was adopted by the City of Johnson City Council on July 12, 2016 and purports to amend Ordinance No, 2007-09 specifically pertaining to billboard and digital billboard signs in the City of Johnson;

WHEREAS, a temporary moratorium 1s necessary and appropriate because the City of Johnson City Council has been advised of several issues which impact the health and safety of the citizens of Johnson. The City Council was advised by concerned citizens who live in the vicinity of where billboards and/or digital billboards or signs might possibly be located that there are serious concerns about the safety of motorists entering and exiting from the city onto US Interstate 49, because of the brightness and color of the light that wou Id fill their vision as they drive the exits. In addition, they were advised that digital billboards that are currently located in the City of Springdale, just north of City of Johnson, are already producing this dangerous effect, but farther away. Neither the City Council nor the planning commission has taken information on this issue, and it needs time to study the potential effects on the exit ramps in order to determine if any additional safeguards should be added, or if any of the potential locations should be removed in order to promote safety and protect motorists;

WHEREAS, the City Council was also advised that there were several residences located in the near vicinity of at least one of the potential locations where billboards and/or digital billboards might be located, and that the quiet enjoyment, including the ability to sleep, and enjoy the qualities of their homes and neighborhood could be interrupted substantially by the insertion of light from an electronic sign or digital billboard, therefore, the City Council needs adequate time to take information about this potential situation which could be detrimental to the ability of the City of Johnson citizens to enjoy their homes, in order to determine if any additional light blocking or limitations on light should be promulgated, or if certain locations should be removed;

WHEREAS, the City Council was notified that several citizens were not sufficiently advised that the substantial change, from the prohibition of digital billboards and billboards, to the potential allowance of digital billboards and billboards, and that their concerns about safety, the detrimental environmental effects and the detrimental effects to the aesthetic character of the City of Johnson, therefore the City Council requires time to assure that all citizens are notified and have an opportunity to attend meetings, submit information and participate in a manner which is commensurate with substantial potential change in sign and billboard regulation, and to arrange for noticed, public meetings to be held concerning the issue;

WHEREAS, recent litigation against the City of Johnson involving two digital billboard permit seekers has indicated that there must be a more orderly and transparent process for the application of sign permits in the City of Johnson;

WHEREAS, the Supreme Court of the United States case of Reed v. Town of Gilbert has further necessitated that a full review of all rules and regulations pertaining to signs, including billboards and digital billboards;

WHEREAS, the City Council of the City of Johnson finds it of paramount importance the City of Johnson Planning Commission have the time and opportunity to consider all such issues and concerns; and

WHEREAS, the City of Johnson City Council believes that a one hundred and eighty (180) day moratorium is necessary and in the public necessity in order to protect the health, safety, welfare of the citizens of the City of Johnson and those who travel through the city, as well as the aesthetic character, natural beauty and harmony of land uses for property within and surrounding the City of Johnson.

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

SECTION 1. There is an immediate one hundred and eighty (180) day moratorium to not accept any applications nor issue any permits billboards or digital billboards within the City of Johnson.

SECTION 2. This moratorium may be extended by the City Council of the City of Johnson upon a finding that good cause exists to add adequate time to meet the goals of this moratorium.

EMERGENCY CLAUSE. The City Council hereby determines that this Ordinance is necessary to preserve the quiet enjoyment of property, the character of the of the city, the safety of motorists who travel on streets and highways through the city and the harmony of land uses in and around the City of Johnson. Therefore, an emergency is declared to exist, and this Ordinance being immediately necessary for thepreservation and protection of the  public  peace,  health, safety and  welfare of the City and its citizens, shall become effective immediately upon its passage and approval.

PASSED AND APPROVED this day of 13th day of September, 2016.

ATTEST:

Tuesday, 24 January 2017 19:19

BURN AREA APPLICATION

Only natural Vegetation, which originated from within the City, may be disposed of at the designated area. Natural vegetation is defined as brush, limbs, grass and weeds only and no processed wood or wood products.

As well the city will allow leaves which originated from within the City to be disposed at the City burn area.

Wednesday, 04 January 2017 15:51

ORDINANCE 2016-29

ORDINANCE 2016-29

AN ORDINANCE AMENDING THE PERSONNEL POLICY OF THE CITY OF JOHNSON, ARKANSAS,  APPLICABLE TO ALL EMPLOYEES INCLUDING THE  JOHNSON POLICE DEPARTMENT BY AMENDING THE RULES OF THE SICK LEAVE BANK; AND DECLARING AN EMERGENCY  TO EXIST

 

WHEREAS, the City of Johnson has a personnel policy in effect which  applies to all employees; 

WHEREAS, the Johnson Police Department at Section 62 of its Policy Manual, addresses the issue of sick leave for police officers and comports with Arkansas law;

WHEREAS, the Johnson City Council has determined that the City's greatest assets are its representatives in all departments  who interact with City residents  and visitors;

WHEREAS, the current Sick Leave Bank Rules were adopted to allow the City to aid employees and retain employees who might be forced to retire or quit due to temporary health issues. 

WHEREAS, after ten (10) years of experience with the Sick Leave Bank the administration and the Council feel changes in the rules are needed to assure the viability of the program.

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

 

Section 1:   The Personnel  Policy of the City of Johnson and its enabling legislation along with the Policy Manual of the Johnson Police Department  are hereby amended to include the following revised Sick Leave Bank which replaces the previous Sick Leave Bank adopted by Ordinance 2011-09.

Section 2:    Sick Leave Bank

 a. Participation

All employees who have full benefits are allowed to participate in the Sick Leave  Bank after declaring their intention to participate and donating at least 16   accumulated hours of sick leave to the bank by January 15 of the calendar year (new hires are allowed to join after their one year anniversary by donating at least 16 accumulated  hours of sick leave to the bank within 90 days of their one year anniversary. Such declaration and contribution shall be made on a Sick Leave Bank Form.

                        b. Governance: 

                The Sick Leave Bank is governed by the Mayor, Recorder/Treasurer, and one full time employee elected in an election run by the Police Chief. Any request for leave from the Sick Leave Bank must be requested from the committee on                    a  Sick Leave Bank request form. This committee shall approve or disapprove requests based on individual situations and documentation. The committee may review employee records and documentation.

 

        c. Rules of Operation:  

  1. Only participants who have made a contribution to the bank may make requests from theBank.
  2. Sick Leave Bank hours will be granted only in the cases of physical,mental, or emotional illness of the participant, or illness or death in the immediate family. Immediate family shall include participant's spouse, children, parents,and any other relatives living in the same household.
  3. Sick Leave Bank hours will only be granted after the exhaustion of allother paid compensation (sick leave, vacation) and compensatory time. Sick Leave Bank hours or days are grants and do not require repayment.
  4. Sick leave grants made from the bank shall be for up to 160 hours for an individual applicant per application, if the hours are available. Subsequent individual application grants of sick leave bank hours or days are subject to availability of the hours/days in the sick leave bank and the discretion ofthe Sick Leave Bank Committee.
  5. The sick leave bank committee shall have the discretion to award days in fractional amounts up to the maximum 160 hours per application to a participant who has disability income protection insurance that pays a per diem rate less than the employee's contracted per diem rate. This discretion is limited to the degree that the sum of the per diem disability insurance plus the value of the per diem sick leave bank leave days awarded does not exceed the total per diem amount for the leave as compensated by both wages and disability compensations(s).
  6. Any participant of the sick leave bank making withdrawals from the bank must contribute at least the minimum of 16 hours at the beginning of the next calendar year (by January 15 or when 16 hours of sick leave have been accumulated) in order to be eligible to make withdrawals from the bank in succeeding years. 
  7. Any unused sick leave bank hours granted may not be carried forward to any subsequent year and shall be returned to the sick leave bank if unused at the end of the calendar year.
  8. At the beginning of each calendar year (by January 15), any employee who is not already a participant of the sick leave bank may join by giving 16 accumulated sick leave hours to the sick leave bank. Any sick leave bank participant may contribute additional accumulated sick leave hours at anytime.
  9. Participants who have contributed to the sick leave bank will not be requested to contribute to the bank again as long as the bank is considered to be solvent. When the sick leave bank committee determines that more hours/days are needed for the bank to remain solvent, each participant will be requested to contribute up to 16 hours of their accumulated sick leave. Failure to contribute will result in termination as a sick leave bank participant.
  10. A maximum of 960 hours may be in the sick leave bank (the prior balance shall be carried forward and no contributions will be accepted until bank balance falls below 960 hours. The only exception will be for new employees and employees not previously participants in the sick leavebank joining at the beginning of any calendar year.)

Section 3: Ordinance 2011-09 and all other ordinances, parts of ordinances, or portions of the existing sick leave/sick day policy of the City and/or the Policy Manual of the Johnson Police Department in conflict with Section 2 hereof are hereby expressly repealed to the extent of such conflict.

Section 4: The Sick Leave Bank forms attached hereto are hereby approved. The governing committee may revise said forms as necessary in the future without further approval of this Council. 

Section 5:It is recognized that there are valuable City employees who may be forced to make undesirable employment action if this ordinance does not go into effect right away. Therefore, in order to continue to preserve the health, safety and welfare of city residents an emergency is hereby declared and this ordinance shall be immediately effective upon its passage and approval.

PASSED AND APPROVED this 7th day of November, 2016.

ATTEST:

Wednesday, 04 January 2017 15:49

ORDINANCE 2016-28

ORDINANCE NO. 2016 - 28

AN ORDINANCE APPROVING A CONTRACT  WITH INLAND WASTE SOLUTIONS, LLC TO PROVIDE RESIDENTIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES TO CUSTOMERS WITHIN JOHNSON, ARKANSAS, AND GRANTING A FRANCHISE TO INLAND WASTE SOLUTIONS, LLC. TO PROVIDE RESIDENTIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES WITHIN THE CITY OF JOHNSON AND OTHER MATTERS PERTAINING THERETO  AND DECLARING  AN EMERGENCY  TO EXIST.


                WHEREAS, the city's current Agreement for collection, hauling, and disposal of solid waste  and recyclables expires 12-21-2016

              WHEREAS, a Request for Proposals was duly published and copies of the Request were provided to the area solid waste haulers.

             WHEREAS, the City Council reviewed the bids received and considered the statements made and the answers given at the October 11thCouncil meeting.

             WHEREAS, the City Council unanimously agreed to accept the residential bid of Inland Waste Solutions, LLC, the Council now desires to formalize that with a written agreement  and grant of a franchise.

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

Section 1: That the agreement attached hereto which is titled Contract for Services between the City of Johnson and Inland Waste Solutions, LLC bearing thedate of November 7, 2016, having  been read, studied and considered by the Johnson City Council should be and hereby  is approved;  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  Contract  there is hereby  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 ContractHowever, the gross  receipts  taxes of the City of Johnson shall apply to all services subject to same provided by Contractor within the City

Section 3: There is hereby granted to Inland Waste Solutions, LLC a license to operate appropriate vehicles and equipment in order to perform such Contract , on existing and new dedicated streets, rights-of-way, alleys, utility easements, and  other public passageways  within Johnson

Section 4: A franchise is hereby granted unto Inland Waste Solutions, LLC to provide residential collection and disposal of solid waste and recyclables along with composting service pursuant to the terms of the attached Contract, within the Johnson corporate limits as therein provided. Said franchise shall be for the effective dates of the Contract attached hereto.

Section 5: Since a question exists as to the effective date of ordinances passed without an emergency clause, there is no doubt that the provision for residential collection and disposal of solid waste and recyclables and affiliated services 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 7th day of November, 2016.

CONTRACT  FOR SERVICES

This contract is entered into by and between the City of Johnson, Arkansas ("City") and Inland Waste Solutions, LLC ("Contractor") for the provision of solid waste and recycling collection, processing and disposal services.

 1. Term of Contract:  The initial term of this contract shall be for a period of thirty­  six months beginning January 1, 2017, and ending on December 31, 2019. There shall be one additional thirty-six-month option to renew the contract, which shall  be automatically exercised UN LESS notice is given by either party. To stop the automatic thirty-six-month extension from going into effect, either party must provide 120 days' written notice prior to December 31, 2019 to the other party  that they do not wish to exercise the thirty-six (36) month option to extend the contract.

2. Services Provided: Contractor shall be responsible for providing the following services to customers in the City of Johnson: pickup and proper disposal of residential solid waste; pickup, processing and marketing of residential recyclables. Residential solid waste consists of solid waste generated weekly in amounts of .5 cubic yards or less and residential recyclables consists of total recyclable materials generated weekly in amounts not exceeding .5 cubic yards.

 

 A. Residential SolidWaste:

  1. Contractor shall provide pickup of residential solid waste once pe rweek on Thursday. Contractor shall pick up residential solid waste and residential recyclables and bill the individual residential customers at the rates set forth on attached Exhibit A for the level of service selected b ythe customer,failure of a customer to select a level of service shall default to "Inside City Limits one time per week solid waste curbside pickup only" service level. This rate is exclusive of applicable sales taxes.Contractor shall be responsible for all billing for these (and other services available hereunder) services and collection of same. Advance billing may be either monthly or quarterly as desired by Contractor, however, failure of payment shall not be reason for Contractor to refuse collection and disposal of solid waste or recyclables. The solid waste and recyclables shall be placed curbside by the customer no later than 07:00 o'clock A.M. on the day of collection. The solid waste shall be placed in the polycart to be provided by Contractor. Recyclables shall be placed in recycling carts provided by Contractor.
  2. Customers may choose to utilize the yellow hag service at the per bag cost listed on Exhibit A for the indicated year. These yellow bags must be purchased from the City Contractor by customers wishing to utilize that service level. This program is designed for a low volume generator. These  bags  are  pre-purchased  and  the price of  the big includes the collection and disposal of the trash. These bags are to be set curbside by 7:00 A.M. on collection day. This level of service will also entitle a resident to participate in the curbside recycling and green bag programs as well as the bulky waste program, however the customer will have to pay the additional charge indicated on Exhibit A for the indicated year (being the difference between the charge for curbside solid waste pickup and the charge for curbside solid waste and recycling pickup), for curbside recycling and./or the costs for green bag services.
  3. Partial months will be billed at a rate proportional to the number of days left in the billingcycle.
  4. A green bag compost program will also be offered for weekly curbside collection on the same day as solid waste/recyclables arecollected. This program is designed for separation of lawn and leaf waste. This program will operate April through December of each year. The fee for this service will be the charge indicted on Exhibit A for the applicable year.  Bags to be purchased from City/Contractor.
  5. Contractor will offer back door service to those individuals that cannot place solid waste/recyclables curbside due to physical limitations. No additional charge for this service.

B. Residential Recyclables If elected

Contractor shall provide pickup of residential recyclables on the same day as solid waste collection occurs. Contractor shall pick up the following materials in the manner described.

i.  Corrugated Cardboard

ii. Chip Board

iii.  Newsprint

iv.   Magazines

V. Junk Mail/Residential Paper Mix

                                        vi..  PhoneBooks

                                       vii. Aluminum Cans

                                        viii. Steel Cans

                                       ix. Number 1 (PET) plastic bottles

                                       x. Number 2 (HDPE) plastic bottles

                                       xi. Additional materials when agreed to by City and Contractor.

These materials will be collected in a commingled manner utilizing the recycling cart supplied by the Contractor. Recyclable materials collected under this contract must be processed and marketed to valid secondary materials markets. No portion of this material,  other  than  typical processing waste, may be disposed of otherwise. Curbside recycling is covered by the fee listed above.

C.Commercial Solid Waste: Commercial Solid Waste consistsofsolid waste generated weekly in amounts of greater than .5 cubic yards (either  from businesses, residential multi units having a centralized container or others) who generate such amounts of solid waste. Each customer utilizing commercial solid waste disposal service shall contract with an authorized contractor for those services and such agreement shall provide for proper disposalofcommercialsolidwasteandthepickup processingandmarketing ofcommercialrecyclables.      All contracts for collection anddisposal of commercial solid Waste and/or commercial recyclables shall be approved by the City and copies of such agreements provided to the City.  City may monitor these services as needed to insure the health and safety of citizens  and  to check  compliance  with applicable  laws.   There is a separate fee of Sper annual or any  part  thereof  foreachCommercial Solid Waste Agreement with a Johnson customer to cover the costs of these services. These fees shall be paid, in advance when the agreement goes into effect.

D.Bulky Waste Collection: In addition to the weekly trash collection Contractor shall offer a twice per year, spring and fall, bulky waste collection for the City residents only. The Contractor shall continuously provide two (2) 30 yard open top containers and a compaction truck to be serviced as needed for each of the scheduled spring and fall cleanups. The Spring bulky waste collection period shall be in May each year and the fall bulky waste collection period shall be in September each year. These bulky waste collection periods shall be two (2) days each beginning on Friday and ending on Saturday (to be designated by the City) from 8:00 AM until 5:00 PM. Bulky waste material is defined as: Stoves, refrigerators which have CFC's removed and tagged by a certified technician, water tanks, washing machines, furniture, and other waste materials other than, construction debris, dead animals, or hazardous waste. The City will not be charged for the containers or "pulls" required to empty the containers.

3. Designated Disposal Facility: Contractor shall deliver all solid waste collected under this contract to a landfill fully approved and permitted by federal, state and other  (ifneeded) authorities.       Contractor is solely responsible forselectionof proper disposal facility and all collection. Processing, transfer, and delivery of solid waste to same as well as all chargesfees.

4. Reporting Requirements:  Contractor shall provide a report with the following information to the City on a quarterly basis. Except for January 20 l 7, these reports shall be due by the 15th of every April, July, October and January covering the prior three month's activities.  The City has the right to audit the records of   the Contractor to verify information in such reports during normal business hours of the Contractor.


a. Tons of solid waste collected and disposed of under this contract Number of residential customers served under this contract Number of commercial customers served under this contract Tons of recyclable materials collected and processed under this contract

b. Percentage breakdown of recyclable materials by material

c. Markets  utilized for selling collected recyclables during the previous three (3) months.

d. Percent of waste from recycling operations:

It is understood that the information in "e" and "g" above will of necessity be for overall recycling operations and not limited to materials collected under this contract.


5. Invoicing: The invoicing and collection for services will be the responsibility of the Contractor. Billing cycle will either be monthly or quarterly billed in advance. Quarterly billing cycle typically is January, April, July, and October of each year.  The Contractor shall be responsible for billing, collecting and remitting all sales and other taxes as applicable. If Contractor experiences residential customers who fail/refuse to pay for the services for a ninety (90) day period, Contractor may file a complaint with Johnson Police Department seeking prosecution for theft pursuant to ACA Sec. 5-36-101through 5-36-106, however, by filing the complaint Contractor agrees to provide for trial a witness capable of testifying that the Defendant(s) were provided the services and failed/refused to pay for those services for ninety (90) days or more.

6. Hours for Collection: All solid waste and recyclables must be curbside, in the appropriate containers, ready for pickup by the contractor no later than 7:00 a.m. on the morning of collection/pickup.

7. Missed Pickups: Calls for missed pickups will be directed to City offices and the City will maintain a log of missed pickups. When a call for a missed pickup is received, the City will notify the Contractor, who shall return and complete any missed pickups no later than 8:00 p.m. the day they receive the notification. Costs of missed collections shall be borne exclusively by the Contractor.

8. Holidays and Bad Weather Days:  If the regular collection day falls on one of  the following holidays, then the Contractor may skip collection on that day. but must collect those customers on the following day. Holidays on which collection may be delayed are:  New Year's Day, Memorial Day, Independence  Day,  Labor Day, Thanksgiving,  and Christmas Day. In the event inclement weather or other conditions outside the control of the Contractor makes collection hazardous or impossible, collection will be excused until the earliest possible opportunity to collect safely occurs.

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9. Franchise Fee: Contractor shall be responsible for remitting a franchise feeequal to 4% of gross residential charges, not including sales taxes as may be applicable, under this contract to the City depending on how Contractor elects to bill. This fee shall be due by15thof the month following billing. There will be no charge for solid waste/recycling at City Hall, Police Station, Fire Stations, Maintenance Center, Parks and other municipal facilities which may be added as needed. Contractor shall provide containers and service to these locations as needed at no cost to the City of Johnson.

10. Performance Bond /Insurance: Contractor shall be responsible for maintaining a performance bond in the amount of $50,000.00. Such bond will be payable to the City and may be utilized by the City in the event that Contractor is no longer  fulfilling their duties under this contract. Contractor shall maintain a general liability policy of no less than one million dollars and automobile insurance on all vehicles utilized in City of not less than one million per accident and two million dollars cumulative. Failure to maintain  the performance  bond and/or one or both o fthe insurance policies will be grounds for terminating this contract at the City's  discretion.   Evidence of such bond and policies shall be provided to City annually before January 15.

11.Termination of Contract: In the event that Contractor fails to meet their obligations under this contract, the City will provide a notice of deficiency to the Contractor in writing. Contractor shall have 7 days from the date of the notice to correct the deficiency to the satisfaction of the City. If Contractor fails to correct the deficiency, the City has the discretion to terminate the Contract by providing written notice to the Contractor.  If there are more than three instances of a notice of deficiency being issued by the City within any twelve-month period, the City has the discretion to terminate this contract. Such termination for good cause will trigger payment on the above performance bond.

12. Price Escalators: Costs under this contract shall be fixed during the years indicated on Exhibit A for the initial term and the three year option. No other price escalations shall be allowed with the exception of an increase or addition in governmental fees beyond the control of the Contractor.

13. Excuse from Performance:    The City and Contractor shall be excused from performing their respective obligations hereunder in the event they are preforming from so performing by reason of floods, earthquakes, other acts of God, war, civil insurrection, riots,  acts  of  an  government,  and  other  similar  catastrophic  events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. The party claiming excuse from performance shall within twenty-four  (24) hours after such  party has notice of such cause give the other party

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notice of the facts constituting such cause and asserting its claim to excuse under this Article. The intention or discontinuance of Contractor's services caused by one  or more of the events excused shall not constitute a default by Contractor under this Agreement.

14. Stipulated Penalties: In addition to any other remedies provided under this contract or by federal, state or local law, the following stipulated penalties are available to the City as against Contractor as stipulated damages:

  1. Missed  Pickups  in  Excess of 10 per week -  $10.00 each 
  2. Failure  to Collect  Unless Otherwise Excused Under this Contract - $ 1000.00/week
  3. Failure to Maintain Performance Bond/Insurance Policy or policies - $100.00/day after Jan 15
  4. Failure  to Properly Report - $1000.00/report
  5. Disposal of Recyclable Materials - $1.00/lb.

15. Exclusivity: Contractor shall be the exclusive provider of residential solid waste collection within the limits of the City during the term of this contract. Commercial and Industrial customers, including construction and demolition debris and roll-off services, shall not be subject to the terms of this contract and no exclusivity is granted nor implied. No exclusivity is granted concerning the collection of recyclables or bulkywastes. 

16. Indemnity: Contractor agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees and representatives from any loss, claim, liability, penalty, fine, forfeiture, demand, cause of action, suit and costs and expenses incidental thereto (including cost of defense and reasonable attorneys' fees), to the extent directly caused by any litigation arising from any legal  challenge to this Agreement, acts of Contractor, its agents or employees, matters relating to collection,  transfer, transport or disposal of solid waste or recyclables,  or to the billing of customers by Contractor for the foes provided for hereunder, provided that any cost of settlement shall be approved by Contractor in its sole discretion, withstanding such indemnification, in the event of any such legal challenge, Contractor may elect to terminate the Contract upon giving one hundred eighty ( 180) days prior  written  notice of such  termination.  Such  termination  shall not relieve Contractor of  its duty  to  protect,  indemnify,  defend  and  hold  harmless the City as  provided  herein.

17. Severability: Should any position of this contract be declared by a court of law as unenforceable, illegal or unconstitutional, the remainder of the contract shall remain in full force and effect.

18. Applicable Law:   This contract  shall  be construed  and  governed  in accordance with  the laws of the State of Arkansas.   Enforcement  of this contract  must  be  made

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in the Courts of Washington  County Arkansas.

19. Notice:   All notices, demands,  requests,  proposals,  approvals, consents and other communications which this Agreement requires authorizes in writing and shall either be personally  delivered  to a representative of the  parties at the address below or be deposited in the United States mail, first class postage prepared, addressed asfollows:

          If to City: 

City of Johnson

P.O. Box 563 Johnson, AR 72741 

Attn:   Mayor

PH. (479) 521-7291 

 

If to Contractor:

Inland Waste Solutions, LLC

PO Box 1700

Lowell, AR  72745

PH. (479) 878-1384 or (479) 878-1385