Planning Commission Minutes
city of johnson arkansas logo

Planning Commission Minutes

Michelle Horne

Michelle Horne

Friday, 11 August 2017 13:34

Ordinance 2017-15

ORDINANCE  NO. 2017-15

 AN ORDINANCE ADOPTING A PLAN FOR FUTURE LAND USE AND DEVELOPMENT AND ADOPTING A FUTURE LAND USE MAP FOR THE CITY OF  JOHNSON, ARKANSAS; DECLARING AN EMERGENCY  TO  EXIST AND  OTHER  MATTERS  RELATED THERETO

 WHEREAS, the staff and Planning Commission have conducted several public hearings, devoted hours of study and obtained opinions of professionals over the past several years in an effort to prepare for future growth, development and utility of all areas of the City;

WHEREAS , a Schematic Master Plan was prepared in recent years as a basic guide for use in the preparation and adoption of a land use plan, a master street plan and other plans to ensure orderly growth and enhancement of the unique features of our City while aiding development and providing convenience to residents and visitors;

WHEREAS , following a comprehensive and exhaustive study of future street/transpo rtation needs, a Master Street Plan and Master Street Plan Map were adopted by Ordinance 2017-10 in June of2017;

WHEREAS, on  the  3r d   day  of  August,  ?017,  the  Planning  Commission  held  a public hearing on the issues of adopting a Plan For Future Land  Use and Development  and the adoption of a Future Land Use Map··as displayed at City Hall. after  the  giving  of required  notices ; and,

WHEREAS, the Planning Commission recommends to the City Council the adoption of the attached Plan For Future Land Use and Development and the adoption of the full size Future Land Use Map displayed at City Hall which depicts such Plan.

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

 Section 1:  That the full size Future Land Use Map displayed at City Hall and  the Plan For Future Land Use and Development attached hereto are hereby adopted as the Future Land Use Map and the City's Plan For Future Land Use and Development.

Section 2:        Existing  use of land as of the effective  date of  this Ordinance ma,y be  retained  without change.

Section 3: Insofar as the Master Street Plan and Master Street Plan Map were adopted in June and became effective in July, the effectiveness of the Plan for Future Land

 Use and Development needs to be effective immediately to ensure the full benefit of both plans to residents and citizens of Johnson; therefore, in order to preserve the public health, safety, peace and welfare of the City's  inhabitants  an  emergency  is hereby  declared  and this Ordinance  shall  be effective immediately.

PASSED AND APPROVED this  8th day of August, 2017

ATTEST:.

Friday, 11 August 2017 13:25

Ordinance 2017-14

ORDINANCE  NO. 2017- 14

AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.24  OF  THE JOHNSON MUNICIPAL CODE TO PROVIDE FOR GROUNDS AND PROCEDURES FOR THE SUSPENSION AND/OR REVOCATION OF BUSINESS LICENSES ISSUED  BY  THE  CITY  OF  JOHNSON, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER RELATED  PURPOSES.

WHEREAS, the City Council of the City of Johnson finds that the operation  of a business  inside the city  limits  is a privilege;

WHEREAS, the Council finds that there is an urgent need for an expeditious method needed to curtail the operation of businesses  which  violate  provisions of the Johnson  Municipal  Code  or state or federal  law;

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

Section 1:        Title 4, Chapter 4.24, Section  4.24.18  is hereby amended  by adding the  following:

"This section shall not be construed to prevent the City of Johnson from suspending or revoking any licenses or permits according to the procedures provided for in the Johnson Municipal Code.'"

Section 2:        Title 4. Chapter  4.24 is hereby  amended  by inserting  the following Section

  • 24.20. which shall  read as follows:
  • '4.24.20 Suspension/Revocation of License Any license issued pursuant to the provisions of this ordinance may be suspended or revoked for good cause by the City Council as provided herein.

Good cause for such suspension  or revocation  shall  include. but is not limited  to:

  1. The  existence  of  unsanitary  conditions,  noise,  disturbances,  or other  conditions  at,  near or  in the premises  which  causes or tends to create a public nuisance, which may injuriously affect the public health, safety or  welfare. or which  unnecessarily  affects the adequate allocation  of public safety resources;
  2. The commission  ot  or  permitting  or causing  the commission  of, any act in the operation of the business which is prohibited by any ordinance, rule or law of the city, state or federal government;
  3. Fraudulent practices and misrepresentation in the operation of the business;

 

  1. Concealment or misrepresentation in procuring the business license;
  2. The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the city, state or federal government;
  3. The license was issued by mistake or is in violation of any of the provisions of this ordinance; or
  4. The premises to conduct said business has been condemned, declared a fire hazard or declared unsafe for business occupancy pursuant to applicable building, property maintenance, or fire codes."

Section 3:        Title 4, Chapter 4.24 of the Johnson Municipal Code is hereby amended by inserting the following Section 4.24.21, which shall read as follows:

"4.14.21 Suspension/Revocation Procedure

  1. The City Council, on its own motion or initiative, or upon the written complaint of any person or city staff, may, by Resolution set a hearing date, time and location to determine whether good cause exists to suspend or revoke a license issued pursuant to this ordinance.
  2. As soon as practical after passage of the Resolution setting the hearing date and, in any event, not less than ten (10) business days prior to the hearing date, a notice of the hearing, along with a copy of the Resolution setting the hearing date, shall be served by certified mail with return receipt requested, to the person holding the business license at the address shown on the business license application and such notice and Resolution shall also be hand delivered to the licensee at the address shown on the license application, if the person is present. If the licensee is not present, the notice and Resolution shall be posted in a conspicuous location on the property at the address on the license application.
  3. The notice and Resolution shall inform the licensee of the allegations which constitute the basis for the hearing, and shall provide that the licensee will be given the opportunity to appear and be heard at the hearing.
  4. At the hearing, the City Council will make a determination as to whether good cause exists to suspend or revoke the license. This determination shall be made only after the licensee has been afforded a reasonable opportunity to be heard on the issue.
  5. In the event the City Council finds good cause to suspend the license, it shall have the authority to place reasonable conditions and restrictions on

Section 4:

 the licensee during the suspension period. Any violation of these conditions and restrictions shall result in the revocation of the license.

  1. In the event the City Council finds that good cause exists to revoke the license, the City Council shall, by Ordinance; revoke the license and shall direct the Recorder-Treasurer to notify the licensee of the revocation of the license, and to direct the licensee to immediately cease all business activity in the City at the address on the license application. Notice shall be completed in accordance with Section 4.14.21 (B).
  2. The conducting of business activity with a revoked or suspended license shall be punishable by those penalties prescribed Section 4.24.18 of this ordinance, and each day of violation shall be a separate and distinct offense.
  3. Any business or person who has had a license revoked pursuant to the provisions of this ordinance shall not be eligible for another license until the business or person has complied with the requirements of Chapter

4.24 for a new license and obtained City Council approval before a new license may be considered."

Emergency Declared

The City Council of the City of Johnson, Arkansas hereby finds that the existence of businesses operating in violation of the law within the city is hazardous to the health, safety, and welfare of the public and their property within the City of Johnson; that an emergency exists and this Ordinance, being necessary for the preservation of public health, safety, and welfare in the City of Johnson shall be in full force and effect immediately upon its passage, approval, and publication.

PASSED AND APPROVED this 8th day of August, 2017

ATTEST:

Thursday, 10 August 2017 21:44

Ordinance 2017-13

ORDINANCE NO. 2017- 13

 AN ORDINANCE AMENDING TITLE 3, FISCAL AFFAIRS, CHAPTER 3.04, PURCHASES OF THE JOHNSON MUNICIPAL CODE 

WHEREAS, Arkansas Code Annotated § 14-58-303 (b)(l)(B) provides that, "Except as provided in § 14-58-104, the municipal governing body of any city of the second class... may provide by ordinance the procedure for making all purchases

WHEREAS, Johnson Ordinance No. 97-10 (Chapter 3.04, Purchases of Title 3, Fiscal Affairs in the Johnson Municipal Code) established the current procedures for purchases, sales and exchange  of all supplies,  apparatus, equipment  and materials  by the City;

WHEREAS, Johnson Ordinance No. 97-10 was adopted November 11, 1997, and the financial guidelines established thereby are cumbersome given the effect of inflation over the last nineteen  years and the current  needs of the City and  its departments;

WHEREAS, State Law has raised the limit for competitive bids in cities of the first class to $20,000.00; and,

WHEREAS, to provide a workable and efficient manner for the City of Johnson to acquire the necessary supplies, apparatus, equipment, materials and other things requisite for public  purposes in and for the City and to make all necessary contracts for work or labor to be done or material or other necessary things to be furnished for the benefit of the City, or in carrying out any work or undertaking of a public nature in the City, the Council desires to amend Chapter 3.04.

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

 Section 1: The Section index for Title 3, Fiscal Affairs Chapter  3.04  Purchases  is hereby amended to read as follows:

"Sections:

  • 4.1 Purchases
  • 4.2 Bid Process
  • 4.3 Approval  of Payments

3.04.03 Sale or Exchange"

Section 2:     Title 3, Fiscal Affairs, Chapter 3.04, Purchases Section 3.04.01 Purchases is hereby amended to read as follows:

"Section 3.04.01 Purchases: Purchase of all supplies apparatus, equipment, materials and other  things  requisite  for  public  purposes  in and for the City and  to make all necessary contracts for work or labor to be done or material or other necessary things to be furnished for the benefit of the City, or in carrying out any work or undertaking of a public nature in the City shall be exclusively by the Mayor or the Mayor's duly authorized representative up to and including an expenditure of $2,500.00. Expenditures in excess of $2,500.00, but not exceeding $20,000.00 shall be authorized by the City Council."

Section 3: Section 2: Title 3, Fiscal Affairs, Chapter 3.4, Purchases, Section 3.04.02 Competitive Bids is hereby amended to read as follows:

"Section 3.04.02 Bid Process:  When the purchase or contract exceeds the expenditure of

$10,000.00, bids are required. Purchases or contracts exceeding $10,000.00 but being $20,000.00 or less, shall be authorized by the City Council after quotation bids have been secured therefor. Purchases or contracts exceeding $20,000.00 shall be authorized by the City Council after competitive bids are received. Competitive bids shall be invited on the purchase or contract by legal advertisement in any local newspaper. All bids received pursuant to said advertisement shall be opened and read on the date and at the time set for receiving such bids in the presence of the Mayor and Council.

In every event, any and all bids may be rejected. Nothing herein shall limit or prevent the City Council's authority under State Law to waive competitive bidding when the Council deems it is not feasible or practical."

Section 4: Title 3, Fiscal Affairs, Chapter 3.04, Purchases, Section 3.04.04 Sale or exchange of supplies, materials or equipment valued at less than $1,000.00 is hereby amended to read as follows:

"3.04.04 Sale or Exchange. The Mayor or his duly authorized representative, with prior approval of the City Council, may sell or exchange any municipal supplies, apparatus, equipment or other things without receiving bids if such supplies, materials,   apparatus,   equipment   or  other  things   have  a  value  of  less than

$ 5000.00 No item or lot of supplies, material  or equipment  that is to be disp rsed of as one (1) unit shall be sold without competitive bidding if the value exceeds$ 5000.00. All sales, exchanges or disposal  of municipal  property shall be in conformity with this Ordinance and ACA §14-58-306."

Section 5: All ordinances/code section or  parts  thereof  inconsistent  herewith  are hereby repealed to the extent of such inconsistency.

Section 6: Any purchases made or contracts entered by the City without substantial compliance with the bid procedures specified in Chapter 3.04 of the Johnson Municipal Code prior to the date of passage of this Ordinance are hereby ratified and confirmed and the bidding requirements of that Chapter with regard to each such prior purchase or contract are hereby expressly waived in each instance due to securing of bids therefor not being feasible or practical at this time.

Section 7:

 This Ordinance shall become effective on the 11th day of Septemver, 2017

 PASSED AND APPROVED this  8th day of August ,2017.

ATTEST:    

Thursday, 10 August 2017 21:27

Ordinance 2017-12

ORDINANCE NO. 2017- 12

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

AN ORDINANCE PROVIDING FOR THE ADOPTION BY REFERENCE OF SIGN REGULATIONS FOR THE CITY OF JOHNSON, ARKANSAS, FURTHER PROVIDING FOR THE ADMINISTRATION       THEREOF  AND DECLARING AN EMERGENCY.

 WHEREAS, the City of Johnson presently regulates the placement, size and location of signs within the City of Johnson through Ordinance Nos. 2007-09 & 2011-12 ("Johnson Sign Ordinances");

WHEREAS, it has come to the attention of the City Council of Johnson that the Johnson Sign Ordinances must amended and replaced in their entirety in order to comply with the June 18, 2015 United States Supreme Court decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015);

WHEREAS, reasonable and enforceable regulations of the placement, size and location of signs within the City of Johnson is necessary to preserve and protect the health, safety, and welfare of the citizens of Johnson and others and are necessary to provide for the aesthetic and orderly growth of the City of Johnson; and

WHEREAS, after numerous meetings and presentations before the City Council and Planning Commission of the City of Johnson over the course of the past year, including work sessions and subcommittee meetings to directed specifically at coming forward with new sign regulations for the City of Johnson that would be in compliance with current law and including a public hearing before the City of Johnson Planning Commission after which after the Planning Commission voted in regular session to recommend the adoption of these regulations, which are of the type that may be adopted by reference, the City Council of the City of Johnson finds that it is in the best interests of the citizens of City Johnson that these sign regulations are enacted, and should be adopted by reference; and

WHEREAS, there copies of the proposed sign regulations are and have been available for inspection and copying since August 4, 2017 

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

Section 1. The Johnson Sign Regulations, attached hereto as Exhibit  "A"  and incorporated herein by reference,  is hereby adopted  by reference, pursuance to Arkansas law, in  its entirety.

Section 2. Upon adoption of these regulations, three (3) copies of it shall be filed and maintained in the office of the City Recorder/Treasurer or the City Clerk.

Section 3.      That all ordinances, including Ordinance No. 2007-09 & 2011-12, or parts of ordinances in conflict herewith, are hereby repealed to the extent of the conflict.

Section 4.    That the provisions of this Ordinance are hereby declared to be severable and if any section, phrase, or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases or provisions.

Section 5. Declaration of Emergency. It is hereby found and determined that  the existing ordinances and regulations relating the regulations of signs within the municipality are not in line with current Supreme Court precedent, and based upon the needs of the City of  Johnson in connection with its current and future growth the enactment of the Johnson Sign Regulations Abatement will provide for the safe and orderly control  of signage  within the city and help assure the safe and proper growth and development of land. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation and protection of the public peace, health, safety and welfare of the City and its citizens, shall become effective on the date of its passage and approval by the Mayor. If the Ordinance is neither approved nor vetoed by the Mayor, it shall become effective on the expiration of the period of time during which the Mayor may veto this Ordinance. If the Ordinance is vetoed by the Mayor and the veto is overridden by the City Council, it shall become effective on the date  the  City  Council overrides the veto.

PASSED and APPROVED, this 8th  day of August, 2017.

ATTEST:                                                                

 

Wednesday, 26 July 2017 15:32

JULY 6, 2017

AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING

July 6, 2017 – 6:00 PM

-------------------------------------------------------

PUBLIC HEARING AND

BOARD OF ADJUSTMENTS MEETING

July 6, 2017 - IMMEDIATELY FOLLOWING­­­­­

PLANNING COMMISSION MEETING IS CALLED TO ORDER:

*** Approval of June 1, 2017 Planning Commission Meeting minutes.

Old Business:

*** Discussion of the Future Land Use Map

**** Discussion of Sign Ordinance

**** Discussion of Wilkerson and Main Overlay District

**** Zoning Ordinance Funding Request for Consultants, and the subcommittee to follow through with that scope of work.

**** Update on Johnson Square

New Business:

*** Petition 2017-17: Request for a Lot Split for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

MOTION TO ADJOURN PLANNING COMMISSION MEETING

BOARD OF ADJUSTMENT PUBLIC HEARING IS CALLED TO ORDER

 Comment from the Public is requested regarding the following petition:

**** Petition 2017-18: Request for a Frontage Variance for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

BOARD OF ADJUSTMENT PUBLIC HEARING IS CLOSED

BOARD OF ADJUSTMENT MEETING IS CALLED TO ORDER

**** Petition 2017-18: Request for a Frontage Variance for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

MOTION TO ADJOURN BOARD OF ADJUSTMENT

Wednesday, 26 July 2017 15:12

JULY 6, 2017

Wednesday, 26 July 2017 15:04

JULY 6, 2017

Tuesday, 27 June 2017 15:58

JUNE 1, 2017

Friday, 16 June 2017 14:38

RESOLUTION 2017-08

RESOLUTION NO. 2017-08

 

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

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

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

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

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

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

 

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

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

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

 

 

Friday, 16 June 2017 14:38

RESOLUTION 2017-07

RESOLUTION NO. 2017-07

 

 

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

 

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

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

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

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

Funding Source

Percent Share

Cost Share

Federal Aid

80%

$ 4,320,000.00

City of Springdale

14%

$     864,000.00

City of Johnson

6%

$     216,000.00

Project Totals

100%

$  5,400,000.00

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

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

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


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

ATTEST: