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Michelle Horne

Michelle Horne

Thursday, 15 March 2018 19:37

RESOLUTION 2018-05

RESOLUTION NO. 2018-05

A RESOLUTION RECOGNIZING THE NEED TO TRAIN A CITY EMPLOYEE TO SERVE AS ASSISTANT TO AND BACKUP FOR THE RECORDER/TREASURER.

WHEREAS, the Recorder/Treasurer has a substantial work load, as assigned by Chapter 2.24 of the Johnson Municipal Code and State law, which is critical to the operation and security of the City;
WHEREAS, Chapter 2.24 of the Johnson Municipal Code authorizes the Recorder /Treasurer to instruct, train, and supervise employees; and
WHEREAS, the City of Johnson needs to be able to continue to operate in the event that the Recorder/Treasurer is absent or unable to perform critical job duties.


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


SECTION 1: The Recorder /Treasurer shall select an employee of the City of Johnson to aid and assist her and serve as backup in regard to the duties associated with her position using her supervisory authority.


SECTION 2: Such employee selected shall be instructed and trained so as to enable him/her to perform all duties of the Recorder /Treasurer , under the supervision of the Recorder/Treasurer, in the event the Recorder/Treasurer is absent or unable to perform the job duties assigned by Chapter 2.24 and/or as assigned by State law.

SECTION 3: This shall in no way diminish or alter the responsibilities and duties of the Recorder /Treasurer outlined in Chapter 2.24 and /or as assigned by State law.

PASSED AND APPROVED this 13th day of march, 2018.

ATTEST:

Thursday, 15 March 2018 19:27

RESOLUTION 2018-04

RESOLUTION NO. 2018-04

A RESOLUTION AUTHORIZING THE FILING OF A LAWSUIT TO RECOVER POSSESSION OF THE 1994 KME LADDER FIRE TRUCK

 

WHEREAS, the City acquired a 1994 KME Ladder Fire Truck, hereinafter Ladder Truck, in 2009 pursuant to Ordinance No 2009-02 for use by the Johnson Area Volunteer Fire Department, hereinafter JAVFD;

WHEREAS, in 2016 the truck developed fluid leaks and was consuming much more fuel than it had previously;

WHEREAS, the Ladder Truck was initially driven to Truck Centers of NWA, however, that repair facility, due to the type of engine and suspected problems would not begin repairs;

WHEREAS, the Ladder Truck was driven to Arkansas Diesel & Equipment Repair, hereinafter ADER, on East Emma in Springdale in January of2017 for evaluation of the problems and repair;

WHEREAS, ADER agreed to replace the engine in the Ladder Truck with a rebuilt engine for an "out the door" price of $20,000.00;

WHEREAS, an employee of the City and representatives of the JAVFD went to ADER on Monday, February 12, 2018, prior to picking up the Ladder Truck on February 14, and discovered several problems with the Ladder Truck;

WHEREAS, ADER refused to return the Ladder Truck on February 14, 2018, without full payment despite an offer to allow third parties to inspect the Ladder Truck and determine the monies owed ADER; and,

WHEREAS, despite the Mutual Aid Agreements with neighboring cities the JAVFD's ability to protect certain persons and property within the City is manifestly reduced by the continued unavailability of the Ladder Truck.


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


Section 1: The Mayor is hereby authorized to direct the filing of a lawsuit against ADER (or such legal entity or person(s) as may own/operate ADER) to recover possession of the Ladder Truck.
Section 2: The Mayor may utilize the services of the City Attorney or of another lawyer or law firm to prosecute such lawsuit. However, any new Engagement Letter must be approved by this Council before fees/costs in excess of $ are incurred.
Section 3: That the commencement of a lawsuit will no doubt cause the City to incur costs/expenses in addition to the legal fees involved including additional time by employees of the City, and the JAVFD, plus obtaining expert witness testimony and other expenses; and this decision is not easily made.

PASSED AND APPROVED this 22nd day of February, 2018.

ATTEST:

 

Thursday, 15 March 2018 16:07

RESOLUTION 2018-03

RESOLUTION NO. 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 OF THE MUNICIPAL LEGAL DEFENSE PROGRAM (MLDP)

AGAINST THOSE ENTITIES AND PEOPLE RESPONSIBLE FOR THIS SOCIETAL CRISIS.

 

WHEREAS, our nation and the state of Arkansas have suffered substantially by virtue of the addiction and dependency on opioids, both legally prescribed and criminally secured; and,

WHEREAS, on October 26,\ 2017 the President of the United States of America declared the opioid crisis to be a "public health emergency," and;

WHEREAS, Arkansas ' hospitals and rehabilitation centers cannot keep pace with the flood of victims; and,

WHEREAS, Arkansas has been ranked as the number two state in the nation in per capita prescriptions of opioid medications in 2016; and,

WHEREAS, in 2013 the cost of prescription opioid dependence, abuse and overdose was $78.5 billion dollars for the nation as a whole: and,

WHEREAS, in 2015 an estimated 12.131 billion dosage units (pills) were prescribed nationally equating to 97.36 pills per household; and,

WHEREAS, based upon the number of opioid prescription issued in 2016 it has been estimated that every man, woman and child, regardless of age would have 37.5 pills in hand at any given time; and,

WHEREAS, drug overdose fatalities in 2016 across the nation numbered 64,000 people while traffic fatalities for the same period number approximately, 40,200; and,

WHEREAS, municipal governments have borne a substantial financial and societal burden fighting this crisis and epidemic and will face abatement costs for this nuisance for many years to come; and,

WHEREAS, Johnson is a member of the MLDP and seeks to make use of the legal services provided by the Program to hold those responsible for this crisis to the highest letter of the law; and,

WHEREAS, the MLDP in concert with the other risk management pools in Arkansas have combined resources to bring litigation against those responsible on behalf of all counties, cities and towns in the state.

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

recognizes the acute need to address the opioid crisis in this state and wishes to do so by joining the efforts of other MLDP members to bring litigation against those responsible as advised by the MLDP.


Adopted this 13th day of February, 2018.

ATTEST:

Thursday, 08 March 2018 14:38

Ordinance 2016-21

Ordinance 2016-21

* Legislation died on floor for lack of action

Thursday, 08 March 2018 14:35

Ordinance 2016-20

Ordinance 2016-20

* Legislation died on floor for lack of action

 

Wednesday, 21 February 2018 17:04

March 1, 2018

AGENDA FOR:

PUBLIC HEARING AND

JOHNSON PLANNING COMMISSION MEETING

MARCH 1, 2018 – 6:00 PM

PLANNING COMMISSION PUBLIC HEARING IS CALLED TO ORDER

Comment from the Public is requested regarding the following petitions:

Petition 2017-28: Requesting a Rezoning from R-1 to C-2 & R-4 on property located at 2050 Main Drive. Requested by Jason Appel, ESI, representing Fadil Bayyari owner.

Petition 2018-01: Requesting a Rezoning from A-1 to C-2 & R-4 on property located at 2704 Main Drive. Requested by Jeremy Kennedy, Duane Davis, owner.

Petition 2018-02: Requesting a Conditional Use Permit on property located at 2909 Main Drive. Requested by Jennifer Bronson, owner.

PUBLIC HEARING IS CLOSED

PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of January 4, 2018 Planning Commission Meeting minutes

Old Business:

          none

New Business:

Petition 2017-28: Requesting a Rezoning from R-1 to C-2 & R-4 on property located at 2050 Main Drive. Requested by Jason Appel, ESI, representing Fadil Bayyari owner.

Petition 2018-01: Requesting a Rezoning from A-1 to C-2 & R-4 on property located at 2704 Main Drive. Requested by Jeremy Kennedy, Duane Davis, owner.

Petition 2018-02: Requesting a Conditional Use Permit on property located at 2909 Main Drive. Requested by Jennifer Bronson, owner.

Update from Zoning Revision Committee

MOTION TO ADJOURN PLANNING COMMISSION MEETING

Thursday, 01 February 2018 20:51

JANUARY 9, 2018

JOHNSON CITY COUNCIL

MEETING MINUTES
CITY HALL

JANUARY 9, 2018

Mayor Chris Keeney called the meeting to order at 6:02 pm.

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

Mayor Keeney asked for a motion to approve the minutes of the December 12, 2017 council meeting. Bob Fant made a motion to approve the minutes with corrections and was seconded by Richard McMullen. All approved.

Department Head Reports:

Police Chief Vernon Sisemore stated that 20 new cases were opened and 17 were closed; for the year 2017 the department opened 351 with 21 still open. Chief Sisemore stated Officer Porter is back as the pay and promises that were made to him didn't pan out.

Fire Chief Matt Mills stated there were 26 calls in December, 349 for the year. Chief Mills stated the department had a volunteer complete certification as a firefighter 1 & 2. Chief Mills stated there is still no ladder truck and Engine 1 has been taken to Springfield for repairs which will begin soon. Chief Mills stated 4 air packs were ordered in 2017.

Public Works Director Jerry Morrow stated he has been coordinating with FEMA and needs Council approval to pay for the City's portion of the flood cleanup, contingent on an approval from FEMA of a 75/25 split. Morrow asked for the Council's approval of estimated cost for the City not to exceed $43,544.05 with the understanding that it is a reimbursement agreement. Bob Fant made a motion to approve the expenditure with the above parameters and was seconded by Richard McMullen. All approved.

Building Official/Maintenance Specialist Clay Wilson stated there were 3 building permits and 3 mechanical permits issued. Wilson stated he attended an MS4 storm water yearly refresher class and held TPR and PC meetings along with numerous other meetings with the City Engineer.

Recorder/Treasurer Jennifer Allen stated that State Turnback has been received; Property and Sales Taxes have not. Allen stated the City invested $200,000 in a 0.65% 12-month CD and rolled a $100,000.00 CD for 1.45% for 12 months, but they would not give us this rate for the new investment. Allen stated she paid $25,000.00 in first of the year bills this month and reminded the Council to get their Statements of Financial Interest turned in by January 31.

City Attorney Danny Wright stated that one court appeal washed out, but another was filed today. Wright stated he has been working on the budget resolution, both the Johnson Mill Boulevard and the Wilkerson-Main Overlay Districts, working with Clay and James Guertz on the Conditional Use Permit issues and the fire department agreement.

Mayor Keeney stated he has written lots of emails for grants and sent in the TAP and State Aid for Streets applications.

Mayor Keeney stated the latest on 56th Street is that it is 50% through the ARDOT process.

Mayor Keeney stated the City is doing well financially and we are beginning to look at street projects.

Unfinished Business: None

New Business:

Mayor Keeney asked for the approval of the following appointments to the Planning Commission for the stated terms. Dan Cross 1/1/2018 - 12/31/2022 motion made by Bob Fant and seconded by Richard McMullen. All approved. Katherine Hudson 1/1/2018 - 12/31/2022 motion was made by Bob Fant and seconded by Melissa Posinski. All approved.

Mayor Keeney presented RESOLUTION 2018-01: A RESOLUTION AMENDING RESOLUTION 2016- 10 OF THE CITY OF JOHNSON, ARKANSAS; AMENDING THE BUDGET FOR THE PERIOD
BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017. Motion to approve was made by Bob Fant and seconded Richard McMullen.

Mayor Keeney presented RESOLUTION 2018-02: A RESOLUTION AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE A CONTRACT FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF JOHNSON AND THE JOHNSON AREA VOLUNTEER FIRE DEPARTMENT. Motion to approve was made by Melissa Posinski and seconded by Bill Burnett. All approved.

Mayor Keeney presented ORDINANCE 2018-01: AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2017-25 OF CLAYTON BRONSON AND JENNIFER BRONSON APPROVED DECEMBER 7, 2017, BY JOHNSON PLANNING COMMISSION. Mayor Keeney asked for a motion to read Ordinance 2018-01 by title only, waiving the second and third readings. Motion was made by Bob Fant and seconded by Katherine Hudson. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-01 by title only. Motion was made by Bob Fant and seconded by Melissa Posinski. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Bob Fant, yes; Melissa Posinski, yes. ORDINANCE 2018-01 was approved.

Mayor Keeney presented ORDINANCE 2018-02: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04, SECTION 14.04.05 DISTRICT REGULATIONS OF THE JOHNSON ZONING CODE AMENDING THE JOHNSON MILL BOULEVARD OVERLAY DISTRICT BOUNDARY; DECLARING AN EMERGENCY TO EXIST; AND OTHER MATTERS. City Attorney Danny Wright stated the purpose of this ordinance is to adjust the boundary of the overlay district to the creek to provide a more definitive line between this and the Wilkerson-Main Overlay District which will come up next. Mayor Keeney asked for a motion to read Ordinance 2018-02 by title only, waiving the second and third readings. Motion was made by Bob Fant and seconded by Melissa Pasinski. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-02 by title only. Motion was made by Melissa Posinski and seconded by Katherine Hudson. Roll caH: Richard McMuHen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Posinski, yes. Mayor Keeney asked for a motion to read the emergency clause. Motion was made by Bob Fant and seconded by Melissa Pasinski. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. City Attorney Danny Wright read the emergency clause. Mayor Keeney asked for a motion to approve the reading of the emergency clause. Motion was made by Melissa Posinski and seconded by Bob Fant. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. ORDINANCE 2018-02 was approved and goes into effect immediately.

Mayor Keeney presented ORDINANCE 2018-03: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE JOHNSON MUNICIPAL CODE, BY ADDING WILKERSON-MAIN OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS, DECLARING AN EMERGENCY TO EXIST AND OTHER MATTERS RELATED THERETO. Mayor Keeney asked for a motion to read Ordinance 2018-03 by title only, waiving the second and third readings. Motion was made by Richard McMullen and seconded by Bob Fant. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-03 by title only. Motion was made by Bob Fant and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. Mayor Keeney asked for a motion to read the emergency clause. Motion was made by Bob Fant and seconded by Katherine Hudson. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. City Attorney Danny Wright read the emergency clause. Mayor Keeney asked for a motion to approve the reading of the emergency clause. Motion was made by Katherine Hudson and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Pasinski, yes. ORDINANCE 2018-03 was approved and goes into effect immediately.

Mayor Keeney presented 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.

Mayor Keeney asked for a motion to read Ordinance 2018-04 by title only. Motion was made by Bob Fant and seconded by Melissa Posinski. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-04 by title only. Motion was made by Bob Fant and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Katherine Hudson, yes; Bill Burnett, yes; Bob Fant, yes; Melissa Posinski, yes.

Mayor Keeney stated he had received an email from Hunter Haynes officially resigning from the Council and stated Melissa Posinski was also resigning. Mayor Keeney thanked them both for their service to the City.

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

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Katherine Hudson. All approved. The meeting was adjourned at 6:54 pm.

Respectfully Submitted,

Thursday, 01 February 2018 20:46

FEBRUARY 1, 2018

No Planning Commission Meeting for the month of February

Thursday, 01 February 2018 20:45

JANUARY 4, 2018

Planning Commission Meeting
City of Johnson
January 4, 2018

Present: Shane Bronson, Susan Anders, Katherine Hudson, Richard Cromwell, Henry Layes, and Gregg Gainer. Henry Layes, Vice Chairman and acting Chairman. Also present, Clay Wilson-Building Inspector, James Geurtz,-city engineer, and Guests.
Also present, city consultants Juliet Ritchie-Brooks Landscape Architecture and Sarah Geurtz- Earth Plan Alternatives.

PUBLIC HEARING IS CALLED TO ORDER by Henry Layes: 6:00pm

Henry Layes is vice Chairman and acting Chairman tonight.
Katherine Hudson has not been appointed and approved by the City Counsel; thus, can not vote in tonight’s meeting

PETITION 2018-03: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE CITY OF JOHNSON MUNICIPAL CODE, BY ADDING WILKERSON-MAIN OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS, DECLARING AN EMERGENCY TO EXIST AND OTHER MATTERS RELATED THERETO.
Public comment: None

PETITION 2018-02: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER14.04, SECTION 14.04.05 DISTRICT REGULATIONS OF THE JOHNSON ZONING CODE AMENDING THE JOHNSON MILL BOULEVARD OVERLAY DISTRICT BOUNDARY; DECLARING AN EMERGENCY TO EXIST; AND OTHER MATTERS.
Public comment: None

PETITION 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.
Public comment: None

PUBLIC MEETING IS Closed: 6:08pm

PLANNING COMMISSION MEETING CALLED TO ORDER by Henry Layes 6:09 PM

Approval of December 7, 2017 Planning Commission Minutes
A motion was made by Richard Cromwell to approve the minutes. A Second was made by Shane Bronson. All approved.

Old Business:

None

New Business:

Discussion of Ordinance 2018-03: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE CITY OF JOHNSON MUNICIPAL CODE, BY ADDING WILKERSON-MAIN OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS, DECLARING AN EMERGENCY TO EXIST AND OTHER MATTERS RELATED THERETO.

Discussion: Clarification of plant list was discussed and changed.

A motion was made by Susan Anders to recommend ordinance, with a condition of amending plant list, to City Counsel. 2nd by Richard Cromwell. All approved.

Discussion of Ordinance 2018-02: AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER14.04, SECTION 14.04.05 DISTRICT REGULATIONS OF THE JOHNSON ZONING CODE AMENDING THE JOHNSON MILL BOULEVARD OVERLAY DISTRICT BOUNDARY; DECLARING AN EMERGENCY TO EXIST; AND OTHER MATTERS.

Discussion:
A motion was made by Susan Anders to recommend ordinance to City Counsel. 2nd by Shane Bronson. All approved

Discussion of 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.

Discussion: Summary of Ordinance scope.

A motion was made by Gregg Gainer to recommend petition to City Counsel. 2nd by Richard Cromwell. All approved.

Update from Zoning Revision Committee:
Gregg Gainer summarized project status and Juliet Richey spoke of work to be done during the next month: visit with mortgage brokers, bankers, developers, and NWA counsel of Economic Development to get feed back on common code obstacles, and to establish phase zoning through the city.

MOTION TO ADJOURN PLANNING COMMISSION MEETING
A motion to adjourn Planning Commission meeting. was made by Richard Cromwell. 2nd by Susan Anders. All approved. Adjourned at 7:19pm.

Thursday, 01 February 2018 20:26

FEBRUARY 1, 2018

No Planning Commission Meeting for the month of February