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Michelle Horne

Michelle Horne

Monday, 16 November 2015 16:31

RESOLUTION 2015-09

RESOLUTION NO. 2015-09
A RESOLUTION ADOPTING AN AMENDMENT TO
THE POLICY AND PROCEDURES MANUAL OF THE
JOHNSON POLICE DEPARTMENT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, ARKANSAS, that
Section 1: That the Policies and Procedures Manual of the Johnson Police
Department as adopted by Resolution 2009-2 is hereby amended as follows:
Section 69 is hereby amended by adding page 69.6 Body Worn Video Recording (BWV)
as attached hereto at Exhibit A.
Section 2: That the table of contents to the Policy and Procedures Manual ofthe
Johnson Police Department is hereby amended to add ''page 69.6 Body Worn Video Recording
(BWV)".
Section 3: That in all other respects the Policies and Procedures Manual of the
Johnson Police Department is hereby ratitied and contirmed.
PASSED AND APPROVED this 14thday of July 2015.
Mayor
ATTEST:
coj Amendment to Polic;. and Procedures Manual JPD
SECTION G'/. '-
BODY WORN VIDEO RECORDING (BWV)
PURPOSE: The purpose of this policy is to direct Officers and Supervisors in the proper use and
maintenance of Body Worn Video Recorders (BWV) as well as directing how video will be utilized as a
quality control mechanism and evidence.
POLICY: It is the policy of this department to provide officers as designated by the Chief of Police
with BWV devices as feasible. Officers shall activate the BWV when such use is appropriate to the proper
performance of his or her official duties, where the recordings are consistent with this policy and law. This
policy does not govern the use of surreptitious recording devices used in undercover operations or in-carvideo
covered under separate policy.
DEFINITIONS;
Law Enforcement Contact: A law enforcement contact within the meaning of this policy is any
contact or activity whereby an Officer stops a person's movement by means intentionally applied or
conducts any activity requiring probable cause, reasonable suspicion, or consent to form the legal basis for
the conduct. A law enforcement contact or activity does not include mere conversation or other contact
outside the scope of a law enforcement purpose when such contact does not require any legal basis.
PROCEDURE:
A. Officers using BWV equipment shall be trained in its use, maintenance, and required
documentation and storage of such recordings.
B. Officers using BWV equipment will test such equipment at the beginning of each shift or
special event to ensure proper operation and required battery life. Improperly functioning
equipment shall be reported to the immediate supervisor and recorded on the officer's
daily report.
C. Officers assigned BWV are required to wear such devices unless otherwise directed by
the Chief of Police or other unforeseen circumstances prevent the wearing of the device.
BWV will be worn on the officer's body in a manner that will optimize the recording of
events.
D. BWV activation is limited to situations involving official police activities authorized by
law or court order, including consensual citizen encounters and investigation of law
violations. Officers are authorized to record events when the officer is a party to the
conversation, or when an individual is in custody and there is generally no expectation of
privacy. Officers will audibly and video-graphically record, as feasible, the following
events, including but not limited to:
I. Calls for service in which citizen contact is made;
2. Traffic stops;
3. Investigative stops;
4. All transports excluding ride-along
5. Foot pursuits;
6. Arrests, Searches, Seizures;
7. Consensual encounters;
8. Verbal Witness/ Suspect Statements;
9. Miranda Warnings I Arrestee Interviews;
10. When arriving at law enforcement events and lor citizen contacts initiated by other
Officers, and;
II. Other incidents the officer reasonably believes should be recorded for law
enforcement purposes.
E. Officers will make reasonable efforts to ensure the BWV is recording the event. Officers
are prohibited from turning off the BWV during any citizen contact or law enforcement
event unless otherwise authorized by this policy.
F. Recording shall continue until the law enforcement event or citizen contact is completed
and the citizen involved departs or the officer discontinues his or her participation in the
law enforcement event or citizen contact by leaving the scene.
G. In the event an officer deems it necessary to stop recording or becomes aware that a
recordable event was not recorded, the officer will document such event.
ISSUES RELATED TO PRlV ACY:
A. BWV should not be activated when:
I. The officer is on break.
2. Engaged in personal activities.
3. Involved with citizen encounters outside the scope of a law enforcement contact or
purpose.
4. When an officer is in a location under circumstances requiring a respect for an
expectation of privacy. IE. Such as;
Restroom, locker room, or other area when people are in an exposed or
otherwise compromised state.
However, should exigent circumstances develop where the need to record an event
outweighs any privacy concern, the officer will activate the BWV where feasible to do
so.
B. BWV will not be activated when encountering undercover officers or confidential
informants and such encounters should not be recorded.
C. When entering a residence that requires the consent of the resident. Officers will inform
the resident that he or she is wearing an activated recording device and request permission
to continue recording the encounter. If the resident wishes not to be recorded in the
interior of their home, Officer will document that desire via the BWY and tum otT the
device for the remainder of the contact. However, should exigent circumstances develop
where the need to record the event outweighs any privacy concern, the officer will
reactivate the device where feasible to do so irrespective of the residents desire.
D. When legally entering a residence without consent of the resident, such as serving a
warrant or exigent circumstances, or undercover operations, recordings will be made of
the incident until its conclusion.
E. The BWV will not be activated during personal or administrative conversations between
officers, or between officers and supervisors.
ELECTRONIC STORAGE:
A. Original digital files from the BWV will be downloaded and stored on a designated
network server or other electronic network storage.
B. Officers will make sure the BWV downloaded to the server at the end of each shift.
C. Non-evidentiary BWV recordings will be maintained in electronic storage for 90 days.
D. BWV recordings determined to be evidentiary in any criminal or civil proceeding
shall be copied to DVD and handled in accordance with departmental regulations
regarding electronic evidence. Recordings will be maintained in accordance with
Arkansas law related to police municipal records as outlined in ACA 14-2-204.
Recordings known to pertain to civil matters will be maintained for a minimum of three
years or until such a time as the civil matter is resolved and all time for appeal has
exhausted.
E. This agency will maintain a duplicate electronic file of recordings submitted to other
agencies for court or other purposes.
F. All recording media, recorded images and audio recordings are the property of this
agency. Dissemination outside the agency for reasons other than criminal prosecution is
strictly prohibited without specific authorization of the Chief of Police.
G. Malicious destruction or deletion of BWV recording are prohibited.
H. All video and audio files are subject to open records request as allowed by Arkansas law.
I. Electronic media will be stored in a manner designated by the agency.
J. If a recording is used in a disciplinary action resulting in suspension or termination
against an employee, the recording shall be copied to a DVD and place in the person 's
personnel file for a minimum of three (3) years from the completion of the disciplinary
action.
K. BWV recording are subject to review by the Chief of Police or their designees.
L. Video shall not reproduced without the express authority of the Chief of Police or their
designee.
M. First line supervisors or a designee should review a random sample of BWV recordings
monthly for each officer supervised for policy, training and legal compliance. After
review, the supervisor will document the review and any supervisory actions taken.
Supervisors should meet with individual Officers to provide guidance, training and
correction when required. Supervisors will initiate formal counseling or internal affairs
procedures; as the need arises. When corrective action is taken, a special review may be
implemented for the particular otlicer for a set duration of time in order to ensure
compliance with the corrective action.
N. Civilians shall not be allowed to review BWV recordings except as approved by the Chief
of Police or their designee, through the process of evidentiary discovery and /or F.O.I.A
request.

Tuesday, 10 November 2015 21:31

October 26, 2015

Tuesday, 10 November 2015 21:08

Ordinance 2015-09

ORDINANCE NO. 2015-09
AN ORDINANCE AUTHORIZING BORROWING FUNDS FOR THE
ACQUISITION OF A PARCEL OF REAL PROPERTY FOR USE BY THE CITY
BY ISSUANCE OF A PROMISSORY NOTE; AUTHORIZING THE PURCHASE
OF A PARCEL OF REAL PROPERTY FOR USE BY THE CITY; PROVIDING
FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE
NOTE; AUTHORIZING THE EXECUTION AND DELIVERY OF A
MORTGAGE PROVIDING SECURITY FOR THE NOTE; DECLARING AN
EMERGENCY; AND PRESCRIBING OTHER MATTERS RELATING
THERETO.


WHEREAS, the City Council of the City of Johnson, Arkansas (the "City") has determined that the City is in need of purchasing the parcel of real property described in Exhibit A attached hereto for use by the City (the "Land"); and
WHEREAS, the cost of the Land is $125,000.00; and
WHEREAS, the City can obtain the necessary funds for the acquisition of the Land by issuing its Promissory Note in favor of First Security Bank ("Lender") in the principal amount of $120,000.00 (the "Note").

Now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS, TO-WIT:

Section 1. The City Council hereby finds that the Land to be acquired will have a useful life of more than one (1) year and that the principal amount of the Note, plus all other obligations heretofore incurred by the City under Amendment No. 78 to the Arkansas Constitution ("Amendment No. 78") does not exceed 5% of the assessed value of taxable property located within the City as determined by the last tax assessment.
Section 2. Under the authority of the Constitution and laws of the State of Arkansas (the "State"), including, Amendment No. 78, the Mayor and Recorder are hereby authorized purchase the Land and to execute and deliver, by and on behalf of the City, a Promissory Note in favor of Lender in the maximum principal amount of$120,000.00 for the purpose of financing the cost of purchasing the Land. The Note shall be dated within sixty (60) days of the date of enactment of this Ordinance and shall be issuable only as a fully registered Note without coupons. The Note shall bear interest at an interest rate of 2.48%, and shall be paid in sixty (60) equal monthly installments of principal and interest, to mature on that date which is sixty months from the date of the Note. As security for the performance of the obligations of the City pursuant to the Note, coincident with the execution and delivery of the Note, there is authorized the execution by the Mayor and Recorder, and delivery of a mortgage granting unto and in favor of the Lender (as secured party), a prior lien upon the Land (the "Mortgage").
Section 3. The Note shall be in such form as shall be approved by the Lender and the Mayor and Recorder.
Section 4. As provided in Amendment No. 78, the debt service payments on the Note in each fiscal year shall be charged against and paid first from the general revenues of the City for such fiscal year. For the purpose of making the debt service payments, there is hereby, and shall be appropriated to pay the Note, an amount of general revenues of the City sufficient for such purposes in each fiscal year of the City for each year the Note is outstanding. The City covenants that for each fiscal year in which the Note is outstanding, the general revenues of the City shall exceed the amount of debt service payments due on the Note in that fiscal year.
Section 5. The City agrees to provide a copy of its internally prepared financial statements to the Lender on an annual basis.
Section 6. The City agrees to prepare and adopt a budget for each fiscal year in accordance with Arkansas law and to furnish the Lender with a copy of the same by January 31 of each year while the Note is outstanding. Each budget shall make provision for the payment of debt service due on the Note in that fiscal year.
Section 7. If there be any default in the payment of the principal of or interest on the Note, or in the performance of any of the other covenants contained in this Ordinance, Lender may, in addition to any other remedies available to Lender, by proper suit, compel the performance of the duties of the officials of the City under the laws of Arkansas. No remedy conferred upon or reserved to Lender is intended to be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or by law. Lender may waive any default which shall have been remedied before the entry of final judgment or decree in any suit, action or proceeding instituted under the provisions of this Ordinance or before the completion of the enforcement of any other remedy, but no such waiver shall extend to or affect any other existing or any subsequent default or defaults or impair any rights or remedies of Lender with respect thereto. No delay or omission of Lender to exercise any right or power accrued upon any default shall impair any such right of power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Ordinance to Lender may be exercised from time to time and as often as may be deemed expedient. In any proceeding to enforce the provisions ofthis Ordinance Lender shall be entitled to recover from the City all costs of such proceeding, including reasonable attorney's fees.
Section 8. The terms of this Ordinance, the Note and the Mortgage shall constitute a contract between the City and the Lender and no variation or change in the undertaking herein set forth shall be made while the Note is outstanding, except as may be agreed in writing as between the City and Lender.
Section 9. The City covenants that it shall not take any action or suffer or permit any action to be taken or conditions to exist which causes or may cause the interest payable on the Note to be included in gross income for federal income tax purposes, including, without limitation, any action in violation of the applicable provisions of the Internal Revenue Code of 1986, and the Regulations thereunder (the "Code"). The City represents that it has not used or permitted the use of, and covenants that it will not use or permit the use of the Land or the proceeds of the Note, in such manner as to cause the Note to be "private activity bonds" within the meaning of Section 141 of the Code. The Note is hereby designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code. The City covenants that it will submit to the Secretary of the Treasury of the United States, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Note is issued, a statement as required by Section 149( e) of the Code.
Section 10. The provisions of this Ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance.
Section 11. All ordinances and resolutions or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. Emergency Clause. The immediate need to acquire the Land in order to continue to provide essential services to the citizens and residents of the City being necessary for the preservation of the public peace, health, safety and welfare, an emergency is hereby found to exist and this Ordinance shall be in full force and effect from and after its passage.

PASSED AND ADOPTED This 13th day of October, 2015.

ATTEST:

* Please see attachment for complete document

 

Tuesday, 10 November 2015 21:07

Ordinance 2015-08

ORDINANCE NO. 2015-08
AN ORDINANCE: TO ADOPT AN OVERLAY DISTRICT
FOR THE JOHNSON SQUARE PUD DISTRICT CREATED
BY ORDINANCE 2015-07


WHEREAS, on Monday, August 31, 2015. the Planning Commission for the City of Johnson held a Public Hearing on Petition 2015-15 which sought to create an Overlay District for the Johnson Square PUD District which was also discussed that evening.
WHEREAS, the Planning Commission, following such Public Hearing, passed Petition No. 2015-15 which seeks to create an Overlay District for the PUD District so as to vary the City's street/road standards/requirements in accordance with the  24" by 36" Overlay District Map to be maintained at City Hall as to streets and roads within the Johnson Square PUD
District only.

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

SECTION 1: That the Overlay District Map 24" by 36" with original signatures maintained at City Hall is hereby adopted as to layout, design, and all other particulars contained thereon for streets and roads to be built in the Johnson Square PUD District.
SECTION 2: That the Overlay District Map shall not otherwise affect current Ordinances, Resolutions or adopted codes/standards for streets and roads within the City of Johnson, and only those streets/roads built within the Johnson Square PUD District in
accordance with the content/depiction of the 24" by 36" Overlay District Map maintained at City Hall are hereby specifically exempted from the requirements of the street/road Ordinances, Resolutions and adopted codes/standards of the City of Johnson.

PASSED AND APPROVED this 8th day of September 2015.

ATTEST:

Tuesday, 10 November 2015 21:07

Ordinance 2015-07

ORDINANCE NO. 2015-07
AN ORDINANCE TO AMEND THE ZONING DISTRICT
CLASSIFICATION AND BOUNBARIES REGARDING
PROPERTY IDNENTIFIED IN PETITION NO. 2015-14.


WHEREAS, on Monday, August 31, 2015, the Planning Commission for the City of Johnson held a Public Hearing on Petition 2015-14 which sought to rezone property (approximately 69 acres) located in the area of Johnson Mill Blvd., Main Drive and Carley Road from C-2, A-1 and R-1 to a Planned Unit Development.
WHEREAS, the Planning Commission, following such Public Hearing, passed Petition No. 2015-14 with contingencies, as set forth in the August 31, 2015, letter from E.D.A. to Chairman of the Johnson Planning Commission, and now recommends to the City Council passage of an ordinance to rezone the described property from C-2, A-1, and R-1 to PUD district;


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


SECTION 1: That the zone classification of the following described prop.erty be changed from C-2, A-1 and R-1 to PUD district:

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.
SECTION 3: That the 24" by 36" Johnson Square PUD Zoning Standards map with original signatures which shall be maintained at City Hall is hereby specifically adopted as to the
property within the PUD.


PASSED AND APPROVED this 8th day of September, 2015.


EXHIBIT A
A part of the NWI/4 of the NWI/4, a part of the NEI/4 of the NWl/4, a part of theSE l/4- of the
NWI/4 and a part of the SWI/4 of the NWI/4 of Section 22 and a part of the NEI/4 of the
NEl/4 of Section 21 all in T17N, R30W in Washington County, Arkansas, and being described
as follows: Commencing at the NW Comer of said NW1/4, NWI/4, thence S8'JC38'02''E 797.42
feet to the POINT OF BEGINNING; thence S87°38'02"E 530.97 fet:t, thence S87° l9'16"E
1,022.45 feet, thence S02°19'25"W 818.39 feet, thence S82°12'10"W 217.64 teet, ·::hence
S 13°02'41 "E 117.64 feet, thence S48°06'24"E 90.46 feet, thence S68°02'42"W 90.40 feet, ·:hence
S28°40'06"W 22.90 feet, thence S18°16'32"W 49.05 feet, thence along a non tangent curve to
the right 25.52 feet, said curve having a radius of 280.00 feet and chord bearing and distance of
S32°20'25"W 25.51 feet, thence along a non tangent curve to the left 42.11 feet, said curve
having a radius of280.00 feet and chord bearing and distance ofS25°14'56"W 42.07 feet, ·hence
S20°56'06"W 3.77 feet, thence along a non tangent curve to the right 150.65 feet, said curve
having a radius of 120.00 feet and chord bearing and distance of S56°54'01 "W 140.95 feet,
thence N87°06'25"W 90.33 feet, thence along a non tangent curve to the left 101.21 teet, said
curve having a radius of 430.00 feet and chmd bearing and distance of S86"04'59"W I 00.98 feet,
thence along a non tangent curve to the left I 00.83 feet, said curve having a radius of 430.00 feet
and chord bearing and distance of S71 °47'37"W 100.60 feet, thence S79"34'28"E 46.25 feet,
thence along a non tangent curve to the left 346.72 fed, said curve having a radius of 405.00 feet
and chord bearing and distance of S45°53'42"W 336.23 feet, thence S21°52'04"W 105.99 teet,
thence N67°46'20"W 508.88 feet, thence along a non tangent curve to the left 38.61 feet, said
curve having a radius of 338.00 feet and chord bearing and distance of S36°33'21 "E 38.59 feet,
thence N67°46'20"W 482.40 feet, thence N67°45'51 "W 298.18 feet, thence N69°4] '56"W
318.54 feet, thence N72°01'00"W 130.87 feet, thence N15°02'46"E 609.96 feet, thence
N03°48'26"E 69.10 feet, thence S62°17'31 "E 49.69 feet, thence N25°08'25"E 234.98 feet, ::hence
N77°49'18"E 630.34 feet, thence N25°43'44"E 131.78 feet to the POINT OF BEGINNING:
Containing 69.8833 acres more or less subject to easements and right of way of record.


Subject to:


Johnson Mill Boulevard Right of Way and being described as follows: Commencing at the NW
Corner of the NWl/4 of the NWl/4 of Section 22 thence S87°38'02"E 797.42 feet, ;:hence
S25°43'44"W 131.78 feet, thence S77°49'18"W 630.34 feet, thence S25°08'25"W 234.98 feet,
thence N62°17'31"W 49.69 feet, thence S03°48'26"W 69.10 feet, thence Sl5°02'46"W 440.98
feet to the POINT OF BEGINNING, thence S79°34'28"E 1,845.29 feet, thence along a non
tangent curve to the left 319.55 feet, said curve having a radius of 1, 950.00 feet and chord
bearing and distance of S84°16'09"E 319.20 feet, thence S88°57'50"E 25.25 feet, thence along a
non tangent curve to the right 93.20 feet, said curve having a radius of 120.00 feet and chord
bearing and distance of S70°36'54"W 90.88 feet, thence N87°06'25"W 90.33 feet, thence along a
non tangent curve to the left 101.21 feet, said curve having a radius of 430.00 feet and chord
bearing and distance of S86°04'59"W 100.98 feeL thence along a non tangent curve to (le left
100.83 feet, said curve having a radius of 430.00 feet and chord bearing and distance of
S71 °47'37"W 100.60 feet, thence N79°34'28"W 667.79 feet, thence S478 27'37''W 29.69 teet,
thence Sl0°25'32"W 16.38 feet, thence along a curve to the left 356.17 feet said ,::urve having a
radius of 262.00 feet and a chord bearing and distance of S28°31'09"E 329.37 feec .hence
S67°27'51"E 318.81 feet, thence S21°52'04"W 14.89 feet, thence N67°46'20"'N 508.88 teet.
thence along a non tangent curve to the right 204.88 feet, said curve having a radius of 338.00
feet and chord bearing and distance of N15°55'06"W 201.76 feet, thence along a non tangent
curve to the left 155.55 feet, said curve having a radius of 110.00 feet and chord bearing and
distance of N39°03'51 "W 142.91 feet, thence N79°34'28"W 975.69 feet, thence Nl5°02'46"E
100.33 feet to the POINT OF BEGINNING: Containing 5.3492 acres more or less.

Tuesday, 10 November 2015 21:06

Ordinance 2015-06

ORDINANCE NO. 2015- 06
AN ORDINANCE ACCEPTING A NEW ADDITION TO
THE CITY OF JOHNSON, ARKANSAS TO BE KNOWN AS
CLEAR CREEK SUBDIVISION, PHASE VII AN ADDITION
TO THE CITY OF JOHNSON


WHEREAS, there has been duly presented to the City Planning Commission of Johnson,Arkansas, a final plat of certain land in the City of Johnson, Washington County, Arkansas,
being more particularly described as follows, to-wit:


SURVEY DESCRIPTION (PARCEL NO. 785-18944-400 & 785-18944-300):
A PART OF THE SOUTHWEST QUARTER (SW Y4) OF THE SOUTHEAST QUARTER (SE
Y4) IN SECTION TWENTY-ONE (21), AND A PART OF THE NORTHWEST QUARTER
(NW Y4) OF THE NORTHEAST QUARTER (NE Y4) AND PART OF THE NORTHEAST
QUARTER (NE 1;4) OF THE NORTHWEST QUARTER (NW 114) IN SECTION TWENTYEIGHT
(28), ALL IN TOWNSHIP SEVENTEEN NORTH (T-17-N), RANGE THIRTY WEST
(R-30-W) OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:


COMMENCE AT THE SOUTHWEST CORNER OF THE SW 'l4 OF THESE 'l4 BEING A
FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE ALONG THE WEST LINE
OF SAID 40 ACRE TRACT, N03°03'58"E A DISTANCE OF 5.46 FEET TO THE POINT OF
BEGINNING BEING A SET IRON PIN WITH CAP "PLS 1439"; THENCE CONTINUING
ALONG SAID WEST LINE, N03°03'58"E A DISTANCE OF 258.35 FEET TO A FOUND
IRON PIN WITH CAP "N. NEDKOV AR LS 1759"; THENCE LEAVING SAID WEST LINE,
S88°06'16"E A DISTANCE OF 174.84 FEET TO A FOUND IRON PIN WITH CAP "N.
NEDKOV AR LS 1759"; THENCE S03°03'36"W A DISTANCE OF 263.94 FEET TO A
FOUND IRON PIN WITH CAP "N. NEDKOV AR LS 1759"; THENCE ALONG THE SOUTH
LINE OF SAID FORTY ACRE TRACT, S88°04'21"E A DISTANCE OF 200.56 FEET TO
THE WESTERN RIGHT -OF-WAY OF CHRIS HOLLOW ROAD BEING A FOUND IRON
PIN WITH CAP "B. SCOTT AR 1287"; THENCE LEAVING SAID SOUTH LINE AND
ALONG THE SAID WESTERN RIGHT -OF-WAY THE FOLLOWING 14 CALLS,
Sl6°52'02"W A DISTANCE OF 26.74 FEET TO A FOUND IRON PIN WITH CAP "B.
SCOTT AR 1287"; THENCE S32°00'36"W A DISTANCE OF 90.15 FEET TO A FOUND
IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE S44°58'51"W A DISTANCE OF
77.79 FEET TO A 60D NAIL IN AN OAK TREE; THENCE S44°00'29"W A DISTANCE OF
103.67 FEET TO A FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE
S37°13'56"W A DISTANCE OF 15.87 FEET TO A FOUND IRON PIN WITH CAP "B.
SCOTT AR 1287"; THENCE S30°27'13"W A DISTANCE OF 69.69 FEET TO A FOUND
IRON PIN WITH CAP "B. SCOTT AR 1287''; THENCE S25°00'46"W A DISTANCE OF
17.24 FEET TO A FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE
S22°25'04"W A DISTANCE OF 71.69 FEET TO A FOUND IRON PIN WITH CAP "B.
SCOTT AR 1287"; THENCE Sl9°32'11"W A DISTANCE OF 68.96 FEET TO A FOUND
IRON PIN WITH CAP "B. SCOTT AR 1287''; THENCE S20°01'48"W A DISTANCE OF
76.89 FEET TO A FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE
S20°18'20"W A DISTANCE OF 70.35 FEET TO A FOUND IRON PIN WITH CAP "B.
SCOTT AR 1287"; THENCE S26°01'03"W A DISTANCE OF 66.83 FEET TO A FOUND
IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE S31 °29'19"W A DISTANCE OF
11.16 FEET TO A FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE
S31 °29'23"W A DISTANCE OF 64.09 FEET TO THE WEST LINE OF THE NW Y.t OF THE
NE Y.t BEING A FOUND IRON PIN WITH CAP "B. SCOTT AR 1287"; THENCE LEAVING
SAID WESTERN RIGHT-OF-WAY, N65°32'06"W A DISTANCE OF 33.58 FEET TO A
POINT ON A NON-TANGENT CURVE, SAID POINT BEING A SET IRON PIN WITH CAP
"PLS 1439"; THENCE 81.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID
CURVE HAVING A RADIUS OF 149.95 FEET SUBTENDED BY A CHORD BEARING OF
N17°51'26"E AND A CHORD DISTANCE OF 80.41 FEET TO A POINT OF TANGENCY,
SAID POINT BEING A FOUND 1/2" REBAR; THENCE N02°15'32"E A DISTANCE OF
590.23 FEET TO A POINT OF CURVATURE BEING A SET IRON PIN WITH CAP "PLS
1439"; THENCE 6.06 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 10.00 FEET SUBTENDED BY A CHORD BEARING OF
N19°36'47"E AND A CHORD DISTANCE OF 5.97 FEET TO A POINT OF REVERSE
CURVATURE BEING A SET IRON PIN WITH CAP "PLS 1439"; THENCE 48.51 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF
57.00 FEET SUBTENDED BY A CHORD BEARING OF Nl2°35'19"E AND A CHORD
DISTANCE OF 47.05 FEET TO THE POINT OF BEGINNING.


SAID TRACT OR PARCEL OF LAND CONTAINING 4.01 ACRES (174,806 SQ.FT.), MORE
OR LESS.


WHEREAS, said Planning Commission has approved the final plat presented by Petitioner and joins with the said Petitioner in petitioning the City Council to accept Clear Creek
Subdivision, Phase VII as an addition of the City of Johnson, Arkansas:


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


Section 1: That Clear Creek Subdivision, Phase VII, as shown on the final plat approved by the City Planning Commission on July 27, 2015, a copy of which is attached to this
Ordinance and made a part hereof as though set out herein word for word, be and the same is hereby accepted by the City of Johnson, Washington County, Arkansas.
Section 2: That insofar as the roads are to be private roads and the subdivision a part of a gated community, the City acknowledges that access shall be limited in regard to the public
and all government access will be for official business or emergency use. 


PASSED AND APPROVED this 11th day of August, 2015.

ATTEST:

Tuesday, 10 November 2015 21:06

Ordinance 2015-05

ORDINANCE NO. 2015- 05
AN ORDINANCE VACATING A UTILITY EASEMENT
WHICH LIE BETWEEN LOTS llB AND 12 HERITAGE
HILLS SUBDIVISION (4094 AND 4106 LEGACY DRIVE)
AND FOR OTHER PURPOSES.


WHEREAS, there exists special circumstances relative to Lots 11 B and 12, Heritage Hills Subdivision regarding limitations as a result of an existing utility easement.
WHEREAS, EDA acting as Engineer for the City has approved the vacation of this utility easement and is satisfied that no public services will be affected thereby.
WHEREAS, THE Johnson Planning Commission approved vacation petition 2015-10 on July 27, 2015, and recommends passage of this Ordinance to the Council.


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


Section 1: That the utility easement between Lots liB and 12, Heritage Hills Subdivision to the City of Johnson, AR as described on Exhibit A hereto is not required for
corporation (City) purposes at this time or in the foreseeable future.
Section 2: That Riggins Construction, Inc. is the owner of said Lots liB and 12 and said utility easement as is described on Exhibit A is hereby vacated in favor of said owner, onehalf
to each lot.


PASSED AND APPROVED this 11th day of August, 2015

.
ATTEST:



EXHIBIT A
A PART OF LOTS llB & 12 HERITAGE HILLS SUBDIVISION, TO THE CITY OF
JOHNSON, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN FINAL PLAT BOOK
023A AT PAGE 217, BEING FURTHER DESCRIBED AS FOLLOWS:


COMMENCE AT THE SOUTHWEST CORNER OF LOT llB, HERITAGE HILLS
SUBDIVISION, BEING A FOUND W' REBAR; THENCE N02°53'37"E A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING; THENCE N86°09'12"W A DISTANCE OF
10.00 FEET TO A POINT; THENCE N02°53'37"E A DISTANCE OF 84.64 FEET TO A
POINT; THENCE S87°54'14"E A DISTANCE OF 20.00 FEET TO A POINT; THENCE
S02°53'37"W A DISTANCE OF 85.25 FE~T TO A POINT; THENCE N86°09'12"W A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.


SAID EASEMENT VACATION CONTAINING 0.04 ACRES (1,699 SQ.FT.) MORE OR
LESS.

Tuesday, 10 November 2015 21:05

Ordinance 2015-04

ORDINANCE NO. 2015-04
AN ORDINANCE VACATING A UTILITY EASEMENT
LOCATED BETWEEN LOTS 190 AND 191, CLEAR CREEK
SUBDIVISION, PHASE 1 AND FOR OTHER PURPOSES


WHEREAS, there exists special circumstances relative to Lots 190 and 191, Clear Creek Subdivision, Phase 1, regarding limitations as a result of an existing utility easement.
WHEREAS, EDA acting as Engineer for the City has approved the vacation of this utility easement and is satisfied that no public services will be affected.
WHEREAS, the Johnson Planning Commission approved vacation petition 2015-12 on July 27, 2015, and recommends passage of this Ordinance to the Council.


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


Section 1: That the utility easement located between Lots 190 and 191, Clear Creek Subdivision, Phase 1, to the City of Johnson, AR as described on Exhibit A hereto is not required for corporation (City) purposes at this time or in the foreseeable future.
Section 2: That Lot 190, LLC is the owner of said Lots 190 and 191 and said utility easement as described on Exhibit A is hereby vacated in favor of said owner, one-half to each lot.


PASSED AND APPROVED this 11th  day of August, 2015.


ATTEST:

EXHIBIT A
A PART OF LOTS 190 AND 191, CLEAR CREEK SUBDIVISION, PHASE I, AN
ADDITION TO THE CITY OF JOHNSON, ARKANSAS, AS SHOWN ON FINAL PLAT
CLEAR CREEK, PHASE 1, RECORDED IN PLAT BOOK 23A, AT PAGE 39, PLAT
RECORD BOOK WASHINGTON COUNTY, ARKANSAS, BEING FURTHER DESCRIBED
AS FOLLOWS:


COMMENCE AT THE NORTHEAST CORNER OF LOT 191, CLEAR CREEK
SUBDIVISION, PHASE I, BEING A FOUND 5/8" REBAR; THENCE S35°45'55" W A
DISTANCE OF 29.48 FEET TO THE POINT OF BEGINNING; THENCE 12.03 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF
445.00 FEET SUBTENDED BY A CHORD BEARING AND DISTANCE OF N87°59'24"W-
12.03 FEET TO A POINT; THENCE S35°45'50"W A DISTANCE OF 658.55 FEET TO A
POINT; THENCE S87°49'29"E A DISTANCE OF 24.01 FEET TO A POINT; THENCE
N35°45'50"E A DISTANCE OF 658.21 FEET TO A POINT ON A CURVE; THENCE 11.82
FEET ALONG THE ARC OF A CURVE TO THE LEFT, CURVE HAVING A RADIUS OF
445.00 FEET SUBTENDED BY A CHORD BEARING AND DISTANCE OF N86°27'17"W-
11.82 FEET TO THE POINT OF BEGINNING.


SAID EASEMENT VACATION CONTAINING 0.30 ACRES (13,170 SQ.FT.), MORE OR
LESS.

Tuesday, 10 November 2015 21:03

Ordinance 2015-03

ORDINANCE NO. 2015-03
AN ORDINANCE ACCEPTING A NEW ADDITION TO
THE CITY OF JOHNSON, ARKANSAS TO BE KNOWN AS
CLEAR CREEK SUBDIVISION, PHASE VI, AN ADDITION
TO THE CITY OF JOHNSON


THAT WHEREAS, there has been duly presented to the City Planning Commission of Johnson, Arkansas, a final plat of certain land in the City of Johnson, Washington County, Arkansas, being more particularly described as follows, to-wit:


Parcel 1:
Part ofthe Southwest Quarter (1/4), ofthe Southeast Quarter (114), of Section 21,
Township 17 North, Range 30 West, Washington County, Arkansas, being more
particularly described by metes and bounds as follows:
Beginning at a found 5/8 inch capped rebar (LS 1287) for the Southwest Comer
ofthe Southwest Quarter (1/4), ofthe Southeast Quarter (1/4), of said Section 21,
as shown on the Tract Split for Massey Holding, LLC, recorded as File No. 2005-
00014427, records of Washington County, Arkansas; thence North 03°04'39"
East along the West line of said Southwest Quarter (1/4), ofthe Southeast Quarter
(1/4), 263.98 feet to a point; thence leaving said West line South 88°05'39" East
175.00 feet to a point; thence South 03°04'39" West 263.98 feet to a point on the
South line of said Southwest Quarter (1/4), of the Southeast Quarter (1/4); thence
North 88°05'39" West along said South line 175.00 feet to the Point of Beginning
and containing 46,187 square feet or 1.06 acres, more or less.


-AND

Parcel 2:
Part ofthe Southwest Quarter (1/4), ofthe Southeast Quarter (1/4), of Section 21,
Township 17 North, Range 30 West, Washington County, Arkansas, being more
particularly described by metes and bounds as follows:
Commencing at a found iron pin for the Northwest Comer of the Southwest
Quarter (1/4), ofthe Southeast Quarter (1/4), of said Section 21, as shown on the
Final Plat of Clear Creek Phase 3, to the City of Johnson, Arkansas, recorded as
File No. 023A-00000064, records of Washington County, Arkansas; thence South
03°04'39" West, along the West line of said Southwest Quarter (1/4), of the
Southeast Quarter (1/4), 50.97 feet to a point for the Point of Beginning; thence
leaving said West line South 61 °50' 13" East 193.23 feet to a point; thence South
03°04'39" West 390.30 feet to a point; thence South 48°04'39" West 70.71 feet to
a point, thence North 86°55'21" West 125.00 feet to a point on the West line of
said Southwest Quarter (1 /4), of the Southeast Quarter(l/4); thence North
03 °04'39" East along said West line 522.22 feet to the Point of Beginning and
containing 82,970 square feet or 1.90 acres, more or less.


AND WHEREAS, said Planning Commission has approved the final plat presented by Petitioner and joins with the said Petitioner in petitioning the City Council to accept Clear Creek
Subdivision, Phase VI, as an addition of the City of Johnson, Arkansas;


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


SECTION 1: That Clear Creek Subdivision, Phase VI, as shown on the final plat
approved by the City Planning Commission on June 29, 2015, a copy of which is attached to this
Ordinance and made a part hereof as though set out herein word for word, be and the same is
hereby accepted by the City of Johnson, Washington County, Arkansas.
SECTION 2: That insofar as the roads are to be private roads and the subdivision a part
of a gated community, the City acknowledges that access shall be limited in regard to the public
and all government access will be for official business or emergency use.

PASSED AND APPROVED This 14th day of July, 2015.

ATTEST:

Tuesday, 03 November 2015 16:05

August 31, 2015

CITY OF JOHNSON
PUBLIC HEARING AND PLANNING COMMISSION MEETING MINUTES
JOHNSON CITY HALL
AUGUST 31, 2015
PUBLIC HEARING:
Attendees were asked to sign in as they entered the meeting and those signatures
are attached to these minutes. The assembly room was full.
Planning Commission Chairman Henry Layes called the Public Hearing to order at
6: 34 PM. La yes polled the audience to see which petition the attendees were
interested in commenting on and the majority were there to discuss the PUD/Overlay
District petitions.
PETITION 2015-02: Revised Request for Rezoning from R-1 to R-M/C-1 Mixed Use for
property located at 1908 Main Drive, Johnson, AR. Requested by Fadil Bayyari,
owner. Chairman Layes recognized Mr. Bayyari and allowed him to present his
petition to the audience, and then gave the audience the opportunity to speak. A
number of people spoke against granting the rezoning.
PETITION 2015-14: Request for Planned Unit Development for Johnson Square
located at Johnson Mill Boulevard, Carley Road and Main Drive. Requested by
Jorgensen & Associates for Johnson Landholdings, LLC. Chairman Layes recognized
Ward Davis and Morgan Hooker, representatives for the Johnson Square project, and
allowed them to present this petition to the audience and then gave the audience the
opportunity to speak. A lot of questions were asked and answered; the most common
concerns were the placement of apartments, size and placement of homes on the
northern side of the development as it approaches the existing residential
neighborhood and adequate commercial development to sustain the City of Johnson
in the long term.
PETITION 2015-15: Request for Overlay District for Johnson Square located at
Johnson Mill Boulevard, Carley Road and Main Drive. Requested by Jorgensen &
Associates for Johnson Landholdings, LLC. Chairman Layes recognized Ward Davis
and Morgan Hooker and allowed them to present this petition to the audience, and
then gave the audience the opportunity to speak. A few comments were made by the
audience but he majority of questions were answered in discussion of the PUD
portion of the Johnson Square Development.
Chairman Henry Layes closed the Public Hearing at 7:05pm.
PLANNING COMMISSION MEETING:
Chairman Layes called the Planning Commission meeting to order at 7:05pm.
Present were Commissioners Bill Snow, Susan Anders, Roy Edwards, Henry Layes,
Dan Cross, Stewart Walton and Gregg Gainer. Also present was Recorder/Treasurer
Jennifer Allen, Building Official Clay Wilson and James Guertz of Earthplan Design
Associates.
Layes asked for a motion to approve the July 27, 2015 meeting minutes. Motion was
made by Stewart Walton to approve as submitted and seconded by Roy Edwards. All
approved.
OLD BUSINESS:
PETITION 2015-02: Revised Request for Rezoning from R-1 to R-3/C-1 Mixed Use for
property located at 1908 Main Drive, Johnson, AR. Requested by Fadil Bayyari,
owner. Building Official Clay Wilson stated that C-1 does not allow retail without a
variance. Mr. Bayyari stated he had originally asked for C-2 zoning but the Planning
Commission said C-1 was more applicable. Mr. Bayyari stated he had the right to
have his property rezoned. Commissioner Susan Anders stated the folks that live
adjacent to this property have the right to ask for more information about his plans.
Mr. Bayyari stated he did not need to provide that level of detail at the rezoning; that
is for the development phase. Anders stated this proposed zoning does not work with
the 2010 Future Land Use and Master Street Plan. Bayyari again stated he had the
right to rezone his property. Stewart Walton stated to Mr. Bayyari that he has the
right to request the rezoning of his property, not to demand it. Dan Cross made a
motion to deny Petition 2015-02 based on the 2010 Future Land Use and Master
Street Plan and was seconded by Susan Anders. The denial was unanimously
approved.
NEW BUSINESS:
PETITION 2015-14: Request for Planned Unit Development for Johnson Square
located at Johnson Mill Boulevard, Carley Road and Main Drive. Requested by
Jorgensen & Associates for Johnson Landholdings, LLC. Susan Anders asked about
the 2 open items requested of the petitioner referenced in a letter from Earthplan
Design Associates (EDA) dated August 31, 2015 recommending approval with the
contingency that the 2 open items were addressed. James Geurtz of EDA and Blake
Jorgensen of Jorgensen and Associates discussed the minor issues. Susan Anders
stated she appreciated everyone's attendance. Anders stated she is familiar with this
type of project and it will greatly improve the value of the area. Stewart Walton
made a motion to approve Petition 2015-14 with the contingencies set forth per the
letter dated August 31, 2015 from EDA and was seconded by Roy Edwards. The
petition was unanimously approved and the audience applauded.
PETITION 2015-15: Request for Overlay District for Johnson Square located at
Johnson Mill Boulevard, Carley Road and Main Drive. Requested by Jorgensen &
Associates for Johnson Landholdings, LLC. Dan Cross made a motion to approve
Petition 2015-15 and was seconded by Stewart Walton. The petition was approved
unanimously.
Stew Walton made a motion to adjourn and was seconded by Bill Snow. Meeting
adjourned at 7:32pm.