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Michelle Horne

Michelle Horne

Friday, 27 April 2018 18:36

RESOLUTION 2018-06

RESOLUTION 2018- 06

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE EXTENSION OF CITY PROPERTY AND BUILDING AT THE SW CORNER OF WILKERSON AND MAIN DRIVE

 

 

WHEREAS, the tenants in the old Post Office have been faithful regarding care of and payments for 2805 Main Drive, Johnson, Arkansas;

WHEREAS, Michael Schreiber and Terri Bitting are desirous of renewing the lease of that property for a term and at a rate set forth in the attached Lease document.

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

 

  1. The attached Lease of the property at 2805 Main Drive for a term of thirty-six (36) months, upon the terms and conditions set forth in said Lease beginning the 1st day of April, 2018 through the 31st day of March, 2021 is hereby approved and
  2. That Mayor and Recorder /Treasurer are authorized to take such steps as are necessary to execute the LEASE on behalf of the City obtaining for the citizens of Johnson the benefits and services described therein and to carry out the terms and conditions imposed upon the City as

Land lord/Lessor provided for therein.

PASSED AND APPROVED this 10th day of April, 2018.

ATTEST:

 

  

LEASE

 

THIS AGREEMENT made and entered into on 4/11/2018, between THE CITY OF JOHNSON, ARKANSAS, herein referred to as Lessor, and Michael Schreiber and Terri Bitting, herein referred to as Lessee, Lessor leases to Lessee the premises situated at 2805 Main Street, in the City of Johnson, County of Washington, State of Arkansas, more particularly described as follows: the commercial building having approximately 750 square feet (gross) and the surrounding parking lot and yard area bounded by Wilkerson Street, Main Street, the Green property and the City Park west of the parking lot, herein referred to as the demised premises, together with all appurtenances, for a term of thirty-six (36) months, to commence on·  April 1, 2018, and to end on March 31, 2021, at 2400 Hours.

  1. RENT Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of $700.00 per month, all rent payments shall be due in advance on or before the first day of each calendar month beginning April 1, 2018, at Johnson City Hall, Johnson, Arkansas, or at such other place as Lessor may designate. There shall be a late fee of $5.00 per day for each day, beyond the 5th of each month that the full rental is not paid. See Section 7 regarding prepayment and damage deposit. Subject to the provisions of Section 21 regarding special escape provisions, this Lease is for the entire term and the total due Lessor by Lessee over the term is $25,200.00.
  1. QUIET ENJOYMENT. Lessor covenants that upon Lessee paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term. Lessee acknowledges that the demised premises are situate next door to the City Park where persons congregate and participate in activities as well as being across the street from the Johnson Police Department and occasionally the emergency vehicles activate their lighting system or siren in carrying out duties of the police department. Due to the proximity to the City Park the parking spaces on the West side of the parking lot will be shared, on a first come-first served basis; other spaces may be identified as being for leasee's customers
  1. USE OF PREMISES The demised premises shall be used and occupied by Lessee exclusively as a commercial business and normal associated uses. Lessee shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of the lease.
  1. CONDITION OF PREMISES. Lessee stipulates that Lessee has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, good repair, and in a safe, clean and tenantable condition. LESSEE accepts the premises as
  1. ASSIGNMENT AND Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. Any attempted assignment, subletting, concession or license, shall be void and shall, at Lessor's option, terminate this lease.
  1. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the demised premises or construct any building or make other improvements on the demised premises without prior written approval of Lessor'. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease.
  1. DAMAGE TO PREMISES. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the demised premises may have been untenantable; but, if the demised premises should be damaged to a significant extent, then the Lessor may decide not to rebuild or repair, and, in such event, the term of this lease shall end and the rent shall be prorated up to the time of the damage. Prior to any occupancy of the demised premises, Lessee shall pay in full the first months rental plus a damages deposit in the amount of N/A to cover (go towards) repair of any damages accruing to the demised premises caused or allowed by Lessee during the term of Lessee's occupancy save reasonable wear and tear

Lessor may expend said damage deposit or so much thereof as many may be necessary to cover cost of repairs occasioned by damages as aforesaid and Lessor may call upon Lessee to replenish said fund or so much thereof expended for said purposes and the failure of Lessee to replenish said funds shall constitute a breach under this Lease for which Lessor may as its option terminate the Lease. In the event of a breach by the Lessee of the covenants or conditions hereof, said sum may be retained by the Lessor and applied toward any amounts due Lessor hereunder. Said fund or the unused portion thereof shall be returned to the Lessee upon the expiration of the Lease and delivery of possession according to the terms hereof. This deposit is not to be applied by the Lessee to the last month's rent.

Within thirty (30) days after termination of tenancy by the Lessee, the security deposit shall be returned to Lessee, less any portion retained by Lessor for damages caused by the Lessee's noncompliance with this Lease. These items will be set out on a written notice delivered to the Lessee with the remainder of the deposit. Lessor shall be deemed to have complied with this section by mailing via first class mail the written notice and return of security deposit to the last known address of the Lessee. If the letter is mailed and the Lessor is unable to locate the Lessee after reasonable effort, then the security deposit shall become the property of the Lessor one hundred eighty (180) days from the date payment was mailed.

  1. DANGEROUS MATERIALS. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the demised premises or that might be considered hazardous or extra hazardous by any responsible insurance
  1. UTILITIES Lessee shall be responsible for arranging for and paying for all utility deposits and services required on the premises, including but not limited to water, sewer, gas, electric, cable, telephone and any other desired by Lessee.
  1. MAINTENANCE AND REPAIR. Lessor will, at his sole expense, keep and maintain the structural/exterior portion of the demised premises and appurtenances in good and sanitary condition and repair during the term of this lease. Lessee shall at Lessee's expense keep the fixtures in the leased premises in good order and repair, keep the furnace air conditioning unit and all filters clean; keep the electric equipment in order; keep the walks free from dirt and debris; and, at Lessee's sole expense, shall make all required repairs to the plumbing, range,· heating units, air conditioning units and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor. Maintenance and repair of the leased premises, due to Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor, shall be the responsibility of

Lessee, at Lessee's sole expense, shall maintain the yard area to consist of mowing grass, trimming plants, raking leaves and picking up fallen branches, snow removal from steps/walks, and parking lot and similar tasks appropriate to the season. If Lessee fails to properly maintain the yard/parking lot, Lessor shall have a written notice affixed to the front door of the demised premises. If the yard/parking lot maintenance is not performed within five (5) days following the posting of the notice, Lessor shall have the option of having the noticed yard/parking lot maintenance performed by Lessor's employees or others, and in any event, Lessor shall be paid for performing such yard work at the rate of $85.00 per occasion. If Lessee fails to pay that sum with ten (10) days of Lessor performing the work, then Lessor may deduct such sum from the damages deposit or may declare Lessee to be in breach of the terms of this lease and proceed in accordance with Section 16 hereof.

Lessee agrees that no signs shall be placed on or about the leased premises by Lessee or at Lessee's direction without a City of Johnson sign permit.

  1.  ANIMALS Lessee shall keep no domestic or other animals on or about the demised premises.
  1. RIGHT OF INSPECTION. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this lease to enter the demised premises for the purpose of inspecting the premises and all building and improvements
  1. SUBORDINATION OF LEASE. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or
  1. HOLDOVER BY LESSEE. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to­ month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days' written notice served by either Lessor or Lessee on the other
  1. SURRENDER OF PREMISES. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted.
  1. DEFAULT If any default is made in the payment of rent, or any part thereof, at the times hereinabove specified, or if any default is made in the performance of or compliance with any other term or condition hereof, this Lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Except with respect to non-payment of rent, Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within five days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time.
  1. ABONDONMENT If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the .premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so.
  1. INSURANCE: Lessor's insurance covers only the structure and will not pay Lessee for any business disruption caused by damages to the structure. Lessee is strongly encouraged to insure Lessee's property and the property of others in/around the structure and to insure against disruption of Lessee's business. Lessee shall maintain a policy of general liability against all perils in an amount not less than $ 50,000.00 during the term of Lessee's occupancy of the demised premises and provide a copy of said policy to Lessor upon
  1. CREDIT WORTHINESS: Lessee understands that Lessee having a good credit rating is a condition to Lessor's willingness to enter into this Lease, Lessee has provided information necessary for Lessor to perform such credit check and hereby authorizes Lessor to do so and ratifies such action by
  1. BINDING EFFECT. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this
  1. SPECIAL ESCAPE PROVISIONS. Regardless of Section 1 and other provisions hereof, to the contrary, the parties hereto have expressly agreed that upon the giving of three (3) full months written advance notice either party may terminate this lease agreement without penalty or forfeiture. Such written advance Notice shall be delivered only by certified mail, return receipt requested, addressee or addressee's agent only, with such delivery occurring prior to the first day of the first of the three months mentioned above.

IN WITNESS WHEREOF, the parties have executed this lease at Johnson, Arkansas, on the day and year above written.

ATTEST:

*Please see attachment for complete document

Thursday, 26 April 2018 15:31

April 5, 2018

No Planning Commission Meeting for the month of April

Thursday, 26 April 2018 15:30

March 1, 2018

Planning Commission Meeting

City Of Johnson

March 1, 2018

 

PUBLIC MEETING IS CALLED TO ORDER by Dan Cross: 6:02pm

Present: Shane Bronson, Susan Anders, Katherine Hudson, Dan Cross, Richard Cromwell, Henry Layes, and Gregg Gainer. Also present, Clay Wilson, Building Inspector, and Guests.

Chairman Cross asked for a show of hands from citizens planning to comment on the following petitions.

PETITION 2017-18: Requesting a rezoning from A-1to C-2 and R-4 on property located at 2704 Main Drive. Requested by Jason Appel, ESI, representing Fadil Bayyari, owner.

Public comment for Petition 2017-18:

There (3) neighboring citizens voiced concerns regarding privacy, noise, flooding, traffic, and possible decrease in property values.

PETITION 2018-01: Requesting a rezoning from R-1to C-2 and R-4 on property located at 2050 Main Drive. Requested by Jeremy Kennedy, Duane Davis, owners.

PETITION 2018-02: Requesting a Conditional Use Permit on property located at 2909 Main

Drive. Requested by Jennifer Bronson, owner.

PUBLIC HEARING IS CLOSED: 6:09pm 

PLANNING COMMISSION MEETING CALLED TO ORDER BY Dan Cross: 6:09 PM 

January Minutes were deferred to next month.

Old Business:

None

New Business:

Commissioner Anders offered public comments concerning the changing of city guidelines with the new Future Land Use and Master Street map, and the effects of new zoning and overlay district.

PETITION 2017-18: Requesting a rezoning from A-1to C-2 and R-4 on property located at 2704 Main Drive. Requested by Jason Appel, ESI, representing Fadil Bayyari, owner.

Discussion: Jason Appel presented overview of mixed-use project; back two (2) acres are to be commercial, C-2, and back two (2) are to be residential, R-4. Discussion ensued pertaining to capacity limitations of water and sewer along Main street and city guidelines. Mr. Bayyari, owner, also offered comments.

A motion was made by Susan Anders to approve petition. 2nd by Shane Bronson. All approved.

PETITION 2018-01: Requesting a rezoning from R-1to C-2 and R-4 on property located at 2050 Main Drive. Requested by Jeremy Kennedy, Real Estate agent, and Duane Davis, owner.

Discussion: Capacity issues were again addressed and discussion of future road improvements

A motion was made by Richard Cromwell to approve petition with a condition of approval by City of Springdale Planning Commission. 2nd by Katherine Hudson. All approved.

PETITION 2018-02: Requesting a Conditional Use Permit on property located at 2909 Main

Drive. Requested by Jennifer Bronson, owner.

Discussion: None

A motion was made by Susan Anders to approve petition. 2nd by Katherine Hudson. All approved. Shane Bronson abstained from process of petition because he is related to owner.

Update from Zoning Revision Committee:

Gregg Gainer summarized project status and stated a rough draft should be available in May, with final copy to be present to planning commission in June.

Shane Bronson discussed aspects of the future “Wilkerson/Main” overlay district and zoning pertaining to the preservation of 1st, 2nd street, and Blake Street as a Heritage district.

A motion to adjourn Planning Commission meeting was made by Richard, 2nd Susan Anders. All approved. Adjourned at 6:47pm.

Thursday, 26 April 2018 15:28

April 5, 2018

No Planning Commission Meeting for the month of April

Wednesday, 18 April 2018 16:24

ORDINANCE 2018-06

ORDINANCE NO. 2018- 06


AN ORDINANCE AMENDING TITLE 6, ANIMALS AND FOWL, CHAPTER 6.02, ANIMAL CONTROL OFFICER AND GENERAL POLICIES, SECTION 6.02.02 OF THE
JOHNSON MUNICIPAL CODE, DECLARING AN EMERGENCY TO EXIST, AND FOR OTHER PURPOSES.

WHEREAS, the position of Animal Control Officer was previously either assigned to one or more City employees as part of their duties or appointed by the Mayor and confirmed by the Council if it was a fulltime position;

WHEREAS, those duties, most recently, along with general enforcement of City Ordinances dealing with health, safety and welfare of residents and visitors to the City, have been handled by the Building Official/Maintenance Specialist;

WHEREAS, due to the significant increase in building which requires issuance of permits and resultant inspections, there is a current need to have a fulltime position to take those 'extra' duties off the Building Official/Maintenance Specialist; and,

WHEREAS, the new fulltime position will be involved in numerous situations where parties are directed to appear in Court; it seems best to put that position in the Police Department as non-law enforcement personnel.

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

Section 1: Effective with the passage of this Ordinance, Section 6.02.02 of Title 6.02 of Title 6 of the Johnson Municipal Code shall read as follows:

"6.02.02 Animal Control Officer

There is hereby created for the City of Johnson the office of Animal Control Officer. This shall be a fulltime position consisting of animal control and enforcement of Johnson Ordinances generally dealing with health and safety, as well as elimination of unsafe, unsanitary, noxious or nuisances within the City as prohibited by the Johnson Municipal Code. The Animal Control Officer shall be under the supervision of the Chief of Police. Compensation of the Animal Control Officer, all training, equipment and supplies shall be provided by line item in the budget within the Police Department budget. The Animal Control Officer shall be hired by the Chief of Police as non-law enforcement personnel. The Animal Control Officer shall have and exercise

the powers and duties delegated to him/her under Chapter 7, Policy 19 of the Johnson Police Department Policy and Standard Operating Procedure Manual and/or the Johnson Municipal Code."

Section 2: That in all other respects Title 6, of the Johnson Municipal Code is hereby ratified and confirmed.

Section 3: In order to provide City services to the numerous construction projects underway, several of which involve temporary and/or partial road/street interruptions, an emergency is hereby declared to provide for the health, safety and welfare of the citizens as well as the involved construction personnel therefore this Ordinance shall become effective immediately upon its passage and approval.

PASSED AND APPROVED this 10th day of April, 2018.

Wednesday, 18 April 2018 16:01

MARCH 13, 2018

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
MARCH 13, 2018

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

Present were Council Members Richard McMullen, Bill Burnett, John Wright, Bob Fant and Dan Cross. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police Chief Vernon Sisemore, Fire Chief Matt Mills, and Building Official Clay Wilson. Council Member Katherine Hudson Public Works Director Jerry Morrow were absent.

Mayor Keeney asked for a motion to approve the minutes of the February 13, 2018 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Richard McMullen. All approved.

Mayor Keeney asked for a motion to approve the minutes of the February 22, 2018 Special council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by John Wright. All approved.

Mayor Keeney recognized Jeff Hatley from ORT who gave an overview of the agency’s challenges after 80% of the fleet was destroyed by fire January 10, 2017 and their efforts maintain services and rebuild the fleet.

Department Head Reports:

Police Chief Vernon Sisemore stated that 24 new cases were opened and 23 were closed. Chief Sisemore stated the officers all passed their annual weapons qualification.

Fire Chief Matt Mills stated there were 28 calls in January and the department received 300 hours of training including a live burn in Tontitown. Chief Mills stated that FEMA money has come in and they have purchased a rigid inflatable boat and when the rest comes in they will get a trailer. Chief Mills stated Todd Witzigman resigned last month leaving him as the Fire Marshall, but Roy Edwards is being trained for the position.

Public Works Director Jerry Morrow is out with the flu, but Mayor Keeney stated the guys have been busy and the City is well maintained.

Building Official/Maintenance Specialist Clay Wilson stated there were 2 building permits and 23 inspections. Wilson stated he did MS4 inspections and attended TPR and PC meetings along with numerous other meetings with the City Engineer.

Planning Commission Chairman Dan Cross stated the PC had a full house at the March 1, 2018 meeting for the rezoning of the Bayyari property on Main Drive. Cross stated he asked City Attorney Danny Wright to attend, but it went smoothly and the rezoning was approved contingent upon the approval of Springdale, whose city limits abut the property.

Recorder/Treasurer Jennifer Allen stated State Turnback and Property Taxes have been received; Sales Taxes have not. Allen stated she reinvested 2 CDs at 0.75%; $158,000 for 12 months, $154,000 for 18 months and also transferred $30,000.00 in funding to the LOPFI Fund to cover the required monthly payments until the SITT payment due in July is received. Allen stated $23,000.00 has been set aside to payout sick leave and vacation pay in preparation for Chief Sisemore’s retirement at the end of the year.

Mayor Keeney stated Tom Kieklak of Harrington Miller Law Firm picked up the fire truck issue and is going to file to get the truck back. Mayor Keeney stated he has been exploring ways to obtain a working ladder truck such as lease vs. purchase, new vs. used. The Council discussed the subject. Mayor Keeney stated he would get more information together for the next meeting.

City Attorney Danny Wright stated that the gentleman in possession of the firetruck has sued the City. Wright stated he has been working on the Opioid issue, R/T resolution and the fire department transfer. He is waiting to hear back from Jeff Watson.

Unfinished Business: none

New Business:

Mayor Keeney presented RESOLUTION 2018-05: A RESOLUTION RECOGNIZING THE NEED TO TRAIN A CITY EMPLOYEE TO SERVE AS ASSISTANT TO AND BACKUP FOR THE RECORDER/TREASURER. John Wright made a motion to approve the resolution and was seconded by Bob Fant. All approved. RESOLUTION 2018-05 was approved.

Mayor Keeney presented ORDINANCE 2018-05: AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2018-01 OF DUANE DAVIS APPROVED MARCH 1, 2018, BY THE JOHNSON PLANNING COMMISSION. Mayor Keeney asked for a motion to read Ordinance 2018-05 by title only, waiving the second and third readings. Motion was made by John Wright and seconded by Dan Cross. Roll call: Richard McMullen, no; Bill Burnett, yes; John Wright, yes; Bob Fant, yes; Dan Cross, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-05 by title only. Motion was made by John Wright and seconded by Dan Cross. Roll call: Richard McMullen, no; Bill Burnett, yes; John Wright, yes; Bob Fant, yes; Dan Cross, yes. With a vote of 1 no and 4 yes, ORDINANCE 2018-05 was approved.

Mayor Keeney stated the lease for the old post office building expires at the end of the month and the current tenant is a good one who wants to stay. Bob Fant made a motion to execute a new lease at the current rate of $700.00 per month and was seconded by Richard McMullen; all approved.

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

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Dan Cross. All approved. The meeting was adjourned at 7:20 pm.

Respectfully Submitted,

Wednesday, 18 April 2018 15:48

FEBRUARY 22, 2018

JOHNSON CITY COUNCIL
SPECIAL MEETING MINUTES
CITY HALL
FEBRUARY 22, 2018

Mayor Chris Keeney called the meeting to order at 2:10 pm.

Present were Council Members Katherine Hudson, Bill Burnett, Bob Fant and John Wright. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Assistant Fire Chief Todd Andrews, and Building Official Clay Wilson. Council Members Richard McMullen and Dan Cross were absent.

Mayor Keeney stated the Fire Department ladder truck was delivered to Arkansas Diesel & Equipment Repair over a year ago to have an oil leak fixed. The agreement was the truck would be repaired and “out the door” for $20,000.00. Last week, the City attempted to get the now non-operational truck back and was presented with a bill for over $38,000.

Mayor Keeney presented RESOLUTION 2018-04: A RESOLUTION AUTHORIZING THE FILING OF A LAWSUIT TO RECOVER POSSESSION OF THE 1994 KME LADDER FIRE TRUCK. After discussion, Bob Fant made a motion to proceed with the lawsuit to get the truck back with the caveat that City Attorney Danny Wright approaches the man one more time before taking action. Katherine Hudson seconded the motion. All approved including Mayor Keeney.

Due to the fact that City Attorney Danny Wright is retiring at the end of the year and this process can be long and drawn out, Bob Fant made a motion to hire an outside attorney to handle this case and was seconded by John Wright. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Bob Fant. All approved including Mayor Keeney. The meeting was adjourned at 2:35 pm.

Respectfully Submitted,

Wednesday, 18 April 2018 15:45

FEBRUARY 13, 2018

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
FEBRUARY 13, 2018

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

Present were Council Members Richard McMullen, Katherine Hudson, Bill Burnett and Bob Fant. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police Chief Vernon Sisemore, Fire Chief Matt Mills, and Building Official Clay Wilson. Public Works Director Jerry Morrow was absent.

Mayor Keeney asked for a motion to approve the minutes of the January 9, 2018 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Richard McMullen. All approved.

Mayor Keeney asked for a motion to appoint John Wright to the open Ward 3, Position 2 seat on the Council which was vacated by Hunter Haynes in January. Bob Fant made a motion to approve Wright’s nomination and was seconded by Katherine Hudson. All approved. Wright came forward and was sworn in by Recorder/Treasurer Jennifer Allen before taking his seat on the Council.

Mayor Keeney asked for a motion to approve Katherine Hudson’s resignation from the Ward 1, Position 2 Council seat effective February 12, 2018. There was an error in the Ward Hudson ran in the 2016 election which was not discovered until after the January Council meeting. Motion to accept her resignation was made by Bob Fant and seconded by Richard McMullen. All approved.

Mayor Keeney recessed the Council Meeting to go into Executive Session to discuss the two candidates for the open Ward 2, Position 2 Council seat at 6:05 PM.

Mayor Keeney reconvened the regular Council meeting at 6:27 PM

Mayor Keeney asked for a motion to appoint Katherine Hudson to the open Ward 2, Position 2 seat on the Council which was vacated by Melissa Posinski in January. Richard McMullen made a motion to approve Hudson’s nomination and was seconded by Bill Burnett. All approved. Hudson came forward and was sworn in by Recorder/Treasurer Jennifer Allen before taking her seat on the Council.

Mayor Keeney asked for a motion to appoint Dan Cross to the open Ward 1, Position 2 seat on the Council which was vacated by Katherine Hudson. Bob Fant made a motion to approve Cross’ nomination and was seconded by Richard McMullen. All approved. Cross came forward and was sworn in by Recorder/Treasurer Jennifer Allen before taking his seat on the Council.

Recorder/Treasurer informed Mayor Keeney all positions on the Council were now filled and the meeting was ready to continue.

Department Head Reports:

Police Chief Vernon Sisemore stated that 35 new cases were opened and 29 were closed, one of the busiest months in the last 10 years. Chief Sisemore stated the officers received 36 hours of training.

Fire Chief Matt Mills stated there were 31 calls in January. Chief Mills stated the department was recruiting volunteers. Chief Mills stated Engine 1 has been returned from Springfield after $46,000 in repairs which were covered by insurance. Chief Mills stated 1 of at least 2 expected checks has been received from FEMA and the department is looking at buying a new inflatable boat to replace the one that was destroyed in last spring’s flooding. Chief Mills stated Attorney Jeff Watson is working on the dissolution of the 501(c)(3) of the Fire Board.

Public Works Director Jerry Morrow is out with the flu, but Mayor Keeney stated the guys have been busy and the City is well maintained.

Building Official/Maintenance Specialist Clay Wilson stated there was 1 building permit and 13 mechanical permits issued. Wilson stated 2 more of the flooded duplexes have been finalized and he attended/held TPR and PC meetings along with numerous other meetings with the City Engineer.

Recorder/Treasurer Jennifer Allen apologized for not having the financials and the minutes in the packet as she has been ill and will get caught back up once she is released to come back to work.

City Attorney Danny Wright stated that one court appeal was resolved, but another one is coming. Wright stated he has spent significant time on the Council Member issues since the last meeting; worked on the Wilkerson-Main Overlay District; worked on Ordinance 2018-04 (read one time at the last meeting) which because of changes will be sent back to the Planning Commission for review; working with Clay and James Guertz on the Conditional Use Permit issues. Extensive discussion was had regarding the merits of becoming a City of the First Class as opposed to staying a City of the Second Class. Mayor Keeney stated he would gather information to facilitate an informed conversation at a future meeting.

Mayor Keeney stated the City has been awarded a $250,000.00 State Aid for Streets Grant for work on Carley Road and Ball Street.

Mayor Keeney stated FEMA did a site visit and they are going to do what needs to be done for the City; money should be released soon for the hard property damage and man power.

Mayor Keeney stated there will be a meeting soon regarding a new building project that will bring a new business to town.

Unfinished Business:

Mayor Keeney stated that because of changes made to ORDINANCE 2018-04: AN ORDINANCE TO AMEND TITLE 9 STREETS AND SIDEWALKS, CHAPTER 9.04, DESIGN AND CONSTRUCTION, SECTION 9.04.02 DESIGN OF THE JOHNSON MUNICIPAL CODE TO ADD A PAY-IN-LIEU OF OPTION TO IMPROVEMENTS OF SUBSTANDARD ROADS; DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES, City Attorney Danny Wright recommends that it go back to the Planning Commission for review so no action will be taken by the Council this evening.

New Business:

Mayor Keeney presented RESOLUTION 2018-03: A RESOLUTION RECOGNIZING THE OPIOID EPIDEMIC IN THE UNITED STATES OF AMERICA AND IN ARKANSAS AND TO ENGAGE IN LITIGATION AS A MEMBER FO THE MUNICIPAL LEGAL DEFENSE PROGRAM (MLDP) AGAINST THOSE ENTITIES AND PEOPLE RESPONSBLE FOR THIS SOCIETAL CRISIS. City Attorney Danny Wright and Mayor Keeney both stated the ARML was pushing for participation to provide a united front. Extensive discussion was held. The Resolution was read by Mayor Keeney. Dan Cross made a motion to approve the Resolution in support of the ARML and was seconded by Katherine Hudson. Council Members Cross, Hudson, Fant and Burnett approved, John Wright opposed, and McMullen abstained. RESOLUTION 2018-03 was approved.

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

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Bob Fant. All approved. The meeting was adjourned at 7:12 pm.

Respectfully Submitted,

Thursday, 15 March 2018 20:28

ORDINANCE 2018-05

ORDINANCE NO. 2018-05

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES

REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2018-1 OF DUANE DAVIS APPROVED MARCH 1, 2018, BY JOHNSON PLANNING COMMISSION.

 

WHEREAS, the Planning Commission on March 1, 2018, passed the Rezoning Petition of Duane Davis, and recommended to the City Council passage of an ordinance to rezone the described property from A-1 to C-2 and R-4;

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

Section 1: That the zone classification of Parcel No. 785-18079-000, better described on Exhibit A (attached), is hereby changed from A-1 to C-2.

Section 2: That the zone classification of Parcel No. 785-18081-000, better described on Exhibit A (attached), is hereby changed from A-1 to R-4.

Section 3: That the official Zoning District ' s map of the City of Johnson, Arkansas is hereby amended to reflect the zoning changes in Section 1 and Section 2 above.

PASSED AND APPROVED this 13th of March, 2018.

EXHIBIT A

PARCEL #785-18079-000 (changed from A-1 to C-2)
A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO- WIT: BEGINNING AT A POINT WHICH IS S89°49'43"E 1244.12', S00°33'50"W 243.75', AND N89°40'28"E 118.40' FROM THE NORTHWEST CORNER OF SAID EIGHTY ACRE TRACT AND RUNNING THENCE N89°38'49"E 463.36', THENCE S00°16'57"E 323.27' TO THE NORTH RIGHT-OF-WAY OF MAIN STREET, THENCE ALONG SAID RIGHT-OF-WAY S89°47'08"W 463.36' TO A FOUND IRON PIN, THENCE LEAVING SAID RIGHT-OF-WAY N00°16'57"W 322.15' TO THE POINT OF BEGINNING. CONTAINING 3.43 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD, IF ANY.

PARCEL: 785-18081-000 (changed from A-1 to R-4)
A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S89°49'43"E 1244.12', S00°33'50"W 243.75', AND N89°40'28"E 581.76' FROM THE NORTHWEST CORNER OF SAID EIGHTY ACRE TRACT AND RUNNING THENCE N89°38'49"E 150.00' TO A FOUND IRON PIN, THENCE S00°16'57"E 323.63', THENCE S89°47'08"W 150.00' TO A SET IRON PIN, THENCE N00°16'57"W 323.27' TO THE POINT OF BEGINNING. CONTAINING 1.11 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.

Thursday, 15 March 2018 20:07

ORDINANCE 2018-04

ORDINANCE NO. 2018-04

AN ORDINANCE T0 AMEND TITLE 9
STREETS AND SIDEWALKS, CHAPTER 9.04
MUNICIPAL CODE T0 ADD A PAY-IN-LIEU-
OF OPTION T0 IMPROVEMENTS 0F
SUBSTANDARD ROADS; DECLARING AN
EMERGENCY T0 EXIST AND FOR OTHER
PURPOSES

 

 

WHEREAS, the Johnson Municipal Code (JMC hereinafter) requires developers to make improvements to certain substandard roads in the development process;

WHEREAS, such improvements do not always apply to an entire road section of a substandard road and it may be an impractical or a poor use of time and resources to make partial improvements at the time of such development;

WHEREAS, the Planning Commission upon being advised by City staff and consultants should have the option to negotiate payment of the costs of the required improvements rather than require actual construction of those improvements at the time of development;

WHEREAS, payment of the improvement costs directly related to serving the proposed development as a fee to the City will be preferred by developers in certain instances; and,

WHEREAS, the Planning Commission has studied language to amend the JMC to accomplish this goal and now recommends adoption of an Ordinance to that effect.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL 0F
JOHNSON, ARKANSAS, that:

Section 1: Title 9 Streets and sidewalks, Chapter 9.04 Design and construction of Streets, Roads, and storm Drainage, Section 9.04.02 Design Subsection G. Requirements For Improving Substandard Roads is here by amended by adding the following paragraph at the end of Subsection G., as follows:

"However, the Planning Commission may, based upon advice of City staff and the
City engineer, request that the developer deposit with the City Recorder-Treasurer
a fee-in-lieu-of constructing the above-required adjacent and/or offsite street/road
Improvements. The fee shall include a reasonable amount to offset inflation
increases for a five (5) year period. The fee and the amount shall be agreed to in
writing between the City and the developer prior to approval of the Preliminary
Plat, P.U.D. or Large Scale Development plan and approval stage. The Planning
Commission shall review such written agreement and either accept or reject same.

The fee-in-lieu-of, as approved by the Planning Commission, shall be paid as
follows:

a) Twenty-five percent (25%) prior to the start of construction; and
b) The entire balance before the final plat of the development is presented to
the Planning Commission or any Certificate of Occupancy is issued."

Section 2: The funds from the fee-in-lieu-of shall be maintained by the City in an account other than the general fund and dedicated to use upon the street(s) and/or roads adjacent to and serving the development of the developer who paid the fee-in-lieu-of-monies.

Section 3: In all other respects section 9.04.02 is affirmed and not otherwise amended.

Section 4: As development increases and begins to pick up it will be more important to provide the fee-in-lieu-of option to the Planning Commission and developers to maximize opportunities to improve streets and roads to insure that new developments are adequately and properly served upon the development being fully occupied; therefore, an emergency is hereby declared to protect and preserve public safety along with the health and welfare of our citizens and this Ordinance shall be effective immediately upon passage and approval.

PASSED AND APPROVED this day 8th of May, 2018

ATTEST:

• PLEASE SEE ATTACHMENT FOR COMPLETE DOCUMENT