Planning Commission Minutes
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Planning Commission Minutes

Michelle Horne

Michelle Horne

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:

 

 

Friday, 16 June 2017 14:36

RESOLUTION 2017-06

RESOLUTION  NO. 2017-06

A RESOLUTION AUTHORIZING EXECUTION OF
BUSINESS ASSOCIATE AGREEMENT WITH BROWN AND  BROWN  OF ARKANSAS, INC.

 

WHEREAS, the City sponsors a Cafeteria Plan for medical expenses for the benefit and wellbeing of its employees and officials;

WHERE , administration of the Cafeteria Plan is through Brown & Brown of Arkansas, Inc. (hereinafter Brown);

WHEREAS , the U. S. Department of Health and Human Services (hereinafter the Department) in order to protect the privacy of participants in the Cafeteria Plan regarding protected health information, requires specific agreements which assign certain responsibilities to the entities handling such information;

WHEREAS, the Business Associate Agreement (hereinafter Agreement) attached hereto is in compliance with the federal regulations as expressed in HIPAA; and,

WHEREAS, the provisions of the Agreement, specifically Article 6, Section 6.7, requires the City to indemnify others and to be indemnified by others in the event of specified occurrences and indemnity provisions may affect the immunity usually afforded municipalities in Arkansas .

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

Section I:    That the attached Business Associate Agreement (Agreement) as it relates to obligations imposed upon the City by virtue of HIPAA regulations to safeguard protected health information which contains indemnification provisions is hereby approved.

 

 

 

Section i: That the Mayor and Recorder-Treasurer are hereby authorized and directed to

I

take such  necessary  steps  and  precautions  as  are  required  to comply  with the  Agreement and

I                             .                              .

specifically Artile 4 thereof.

 

Section 31     That the Recorder-Treasurer should be and hereby is authorized to execute   the Agreement on behalf of the City and transmit the two (2) signed originals to Brown and maintain the original  executed  by Brown upon its return.

PASSED AND APPROVED this 13 day of June, 2017.

 

ATTEST :

J

 

-       -

Business Associate Agreement

 

This Business Associate Agreement ("Agreement") is being entered into between Brown & Brown of Arkansas. Inc. - NW Arkansas ("Business Associate") and all of the Health Plans of Plan Sponsor City of Johnson Jennifer Allen ("Covered Entity") to facilitate compliance with the HIPAA Rules. In consideration for the compensation paid to Business Associate to provide services relating to and on behalf of Covered Entity, the parties agree to the terms set forth in this Agreement.

Article 1 Definitions

 

The following terms have the meanings described in this Article for purposes of the Agreement unless the context clearly indicates another meaning. Terms used, but not otherwise defined; in this Agreement have the same meaning as those terms in the Privacy Rule.

  • 1 Business Associate

"Business Associate" means the entity described in the first paragraph of this Agreement.

  • 2 CFR

"CFR means the Code of Federal Regulations.

  • 3 Covered Entity

"Covered Entity" means all of the Health Plans maintained by Plan Sponsor.

  • 4 Designated  Record Set

"Designated Record Set" has the same meaning as the term "Designated Record Set" in 45. CPR 164.501.

  • 5 Electronic Health Record

"Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care- clinicians and staff.

  • 6 HIPAA

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.

  • 7 HIPAA Rules

"HIPAA Rules" means the privacy, security, breach notification and enforcement rules of 45 CFR Parts 160 and 164.

  • 8 HITECH Amendment

"HITECH Amendment" means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act.

1.9        Individual

"Individual" has the same meaning as the term "individual" in 45 CFR 160.103 and includes a person  who qualifies as a personal  representative in accordance with 45 CFR 164.502(g).

1.10     Plan Sponsor

"Plan Sponsor" means City of Johnson

1.11     Protected Health Information

"Protected Health Information" has the same meaning as  the  term  "Protected  Health Information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

1.12     Required By Law

"Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.103.

1.13     Secretary

"Secretary" means the Secretary of the Department of Health and Human Services or his designee.

1.14     Security Incident

"Security Incident" has the same meaning as the term "Security Incident" in 45 CFR 164.304.

Article 2

Obligations and Activities of Business Associate

 

Business Associate agrees to perform the obligations and activities described in this Article.

  • 1 Business Associate understands that it is subject to the HIPAA Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate agrees to take all actions

necessary to comply with the HIPAA Rules for business associates, including, but not limited to,

the following:  Business  Associate shall establish  policies  and procedures  to ensure compliance                                                                                                                                                       Nm}

with the HIPAA Rules, Business Associate shall train its workforce regarding the HIPAA Rules, Business Associate shall enter into a privacy/security agreement with Covered Entity, Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving Protected Health Information, and Business Associate shall conduct a security risk analysis.

  • 2 Business Associate agrees to not use or disclose Protected Health Information other than as V

permitted or required by the Agreement or as Required By Law.

  • 3 Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of i/"

the Protected Health Information other than as provided for by this Agreement.

  • 4 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known

to Business  Associate of a use or disclosure  of Protected  Health  Information by Business                                                                                                                                                       Neu}

Associate in violation of the requirements of this Agreement.

 

 

2.5        Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware.

  • 6 Business Associate agrees to the following in connection with the breach notification requirements of the HIPAA Rules:
    1. a) If Business Associate discovers a breach of unsecured Protected Health Information, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay and within 10 calendar days after discovery. For this purpose, discovery means the first day on which the breach is known to Business Associate or by exercising reasonable diligence would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a breach if the breach is known or by ex,ercising reasonable diligence would have been known to any person, other than the person committing the breach, who is an employee, officer, subcontractor or other agent of Business Associate. The notification must include identification of each individual whose unsecured Protected Health  Information  has been or it has reasonably believed to have been breached and any other available information in Business Associate's possession  which the Plan is required  to include in
  • the individual notice contemplated by 45 CFR 164.404.
    1. b) Not withstanding the immediately preceding paragraph, Business  Associate  shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured Protected Health Information was committed by Business Associate or its mnployee, officer, subcontractor or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business  Associate  will  prepare the notice and shall provide it to Covered Entity for review and approval at least  five  calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    2. c) Further, where a breach involves more than 500 individuals and was committed by the Business Associate or its employee, officer, subcontractor or other agent  or is  within the unique knowledge of Business Associate as opposed to Covered Entity. Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Again, Business Associate will prepare the notice and shall provide it to Covered Entity for review and approval at least five calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    3. d) Business Associate shall either report breaches of unsecured Protected Health Information  with respect to Covered Entity to the Secretary in accordance with 45 CFR

164.408 or alternatively, shall maintain a log of breaches of unsecured  Protected  Health. Information with respect to Covered Entity and shall submit the log to Covered Entity within 30 calendar days following the end of each calendar year so that Covered Entity may report the breaches to the Secretary in accordance  with 45 CFR 164.408(c).

 

 

2.7         Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Protected Health Information on behalf of Business Associate regarding Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Agreement and the HIPAA Rules to Business Associate with respect to such information. Moreover, Business Associate shall ensure that any such  agent  or subcontractor agrees to implement reasonable and appropriate safeguards to protect Covered Entity's electronic Protected Health Information.

  • 8 Business Associate agrees to provide reasonable access, at the written request of Covered Entity, to Protected Health Information in a Designated. Record Set, to Covered Entity or, as directed in writing by Covered Entity, to an Individual or the Individual's designee in order to meet the requirements under 45 CFR 164.524. If Business Associate receives a request directly from an Individual or the Individual's designee,  Business  Associate shall notify Covered  Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 9 Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526, or take any other measures as necessary  to satisfy Covered  Entity's obligations  under 45 CFR 164.526. If Business Associate receives a request directly from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 10 Following receipt of a written request by Covered Entity, Business Associate agrees to make its internal practices, books, and records including policies and procedures and Protected Health Information relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity reasonably  available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the HIPAA Rules.
  • 11 Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment.
  • 12 clip_image019.gifFollowing receipt of a written request by Covered  Entity,  Business  Associate agrees to provide to Covered Entity or an Individual or the Individual's designee, information collected in accordance with Section 2.10 of this Agreement, to permit Covered Entity  to  respond  to a request by an Individual or the Individual's designee, for an accounting of disclosures  of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance  with  the HITECH  Amendment. If  Business  Associate  receives  a request directly

 

 

from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.

  • 13 To the extent Business Associate is to carry out one or more of Covered Entity's  obligations under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations.

Article 3

Permitted Uses and Disclosures by Business Associate

 

  • 1 Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity as specified in the underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity. If there is no underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity for the purposes of payment, treatment or health care operations as those terms are defined in the HIPAA Rules, provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity.

Business Associate is authorized to use Protected Health Information to de- identify the information in accordance with 45 CFR 164.514(a)-(c). Before proceeding with any such de­ identification, Business Associate shall inform Covered Entity in writing of the manner in which it will de-identify the Protected Health Information and the proposed use and disclosure by the Business Associate of the de-identified information.

  • 2 Business Associate may use or disclose Protected Health Information as Required by Law.
  • 3 Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity's minimum necessary policies and procedures.
  • 4 Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth in this Article.
  • 5 Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
  • 6 Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law, or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

 

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  • 7 Business Associate may use Protected Health Information to provide data aggregation services relating to the health care operations of the Covered Entity.

Article 4 Obligations of Covered Entity

 

  • 1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information.
  • 2 Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an. Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information.
  • 3 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information.
  • 4 Covered Entity shall not request Business Associate to use or djsclose.Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. However, there is an exception to this restriction if, pursuant to this Agreement, Business Associate uses or discloses Protected Health Information for data aggregation or management and administration and legal responsibilities of the Business Associate.

 

5.1         Term

 

Article 5

Term and Termination

 

This Agreement shall replace and take precedence over any prior business associate agreement entered into between the parties. It shall take effect on 11/01/16 and shall terminate on the date the Agreement is terminated for cause pursuant to Section 5.2 or such other date as agreed to by the parties in writing.

5.2         Termination for Cause

Business Associate authorizes termination of this Agreement by Covered Entity, if. Covered Entity determines that Business Associate has violated a material term of the Agreement. In this situation, Covered Entity shall either:

  1. a) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement if Business Associate does not cure the breach or end the violation within a reasonable time, as specified by Covered Entity; or
  2. b) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and Covered Entity determines that cure is not

 

5.3         Effect of Termination

  1. a) Except as provided in subparagraph (b) upon termination of this Agreement, for any reason, Business Associate shall return or if agreed to by Covered Entity, destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. Business Associate shall retain no copies of the Protected Health .
  2. b) In the event that Business Associate determines that returning or destroying the Protected Health Information is necessary for its own management and administration or to carry out its legal responsibilities and Business Associate determines that it needs to retain the Protected Health Information for such purposes after termination of the Agreement, Business Associate agrees to the following restrictions set forth in this subsection. Specifically, upon termination of this Agreement, for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity, shall:
    1. Retain only the Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
    2. Return to Covered Entity or if agreed to by Covered Entity, destroy the remaining Protected Health Information that Business Associate still maintains in any form;
  • Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;
  1. Not use or disclose the Protected. Health Information retained by Business Associate other than for the purposes for which the Protected Health Information was retained and subject to the same conditions set out in Sections 3.5 and 3.6 which apply prior to termination; and
  2. Return to Covered Entity or, if agreed to by Covered. Entity in writing, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.
  1. c) Not withstanding any other provision of this Section, Covered Entity may authorize Business Associate to transmit Protected Health Information to another Business Associate of the Covered Entity at termination pursuant to Covered Entity's written instructions.
  2. d) This Section shall apply to Protected Health Information that is in the possession of subcontractors of Business Associate and Business Associate shall be obligated to ensure the return or destruction (if agreed to by Covered Entity) of such Protected Health-Information.

 

6.1        Notice

 

Article 6 Miscellaneous

 

Any notice or other written communication required or permitted to be given to the other party under this Agreement must be addressed to the attention of the other party in care of the contact person identified below. Written notice may be delivered by certified mail or overnight mail.

Business Associate:

Brown & Brown of Arkansas, Inc. - NW Arkansas Contact Person:  J. Todd Setser

1479 Executive Pl, Ste A Springdale, AR 72762-4324

 

Covered Entity:

Health Plans of: City of Johnson Contact Person: Jennifer Allen PO Box 563

Johnson,AR 72741

 

  • 2 Regulatory References

A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

6.3         Amendment

This Agreement may only be amended in a written document signed by an authorized representative of each party. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the HIPAA Rules and any other applicable law. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate.

6.4        Survival

The rights and obligations of Business Associate under Section 5.3 of this Agreement shall survive the termination of this Agreement.

6.5        Interpretation

Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

6.6         Successors

This Agreement is binding on each party's legal successors.

6.7         Indemnification

clip_image033.gifRegardless of whether Business Associate is Covered Entity's agent, Business Associate agrees to indemnify and hold harmless Covered Entity, Plan Sponsor and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or

 

 

disclosure of Protected. Health Information by Business Associate or its subcontractors or agents in violation of this Agreement.

Covered Entity and Plan Sponsor agree to indemnify and hold harmless Business Associate and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or disclosure of Protected Health Information by Covered Entity or Plan Sponsor, or agents of Covered Entity or Plan Sponsor, in violation of this Agreement.

6.8        No Beneficiaries

Nothing expressed or implied in this Agreement is intended to confer, nor shall anything confer, upon any person other than the Covered Entity, Plan Sponsor and Business Associate, and their respective successors or assigns, any rights, remedies, obligations or liabilities.

 

Dated:                                             

 

Dated:------------

 

Brown & Brown of Arkansas, Inc - NW Arkansas

  1. Todd Setser

Executive Vice President

 

Health Plans of:

City of Johnson

 

Friday, 16 June 2017 14:31

ORDINANCE 2017-11

ORDINANCE NO. 2017-11

 AN ORDINANCE VACATING A DEDICATED RIGHT OF WAY AS DEPICTED ON LOT SPLIT SURVEY

RECORDED AT BOOK 2005 AT PAGE 00054229 OF THE WASHING TON COUNTY  REAL  ESTATE RECORDS

 WHEREAS, the owners of a tract of land, who in 2005 were developing a portion of their land that fronted on Main Drive, dedicated a Right of Way easement to the City of Johnson.

 WHEREAS , such right of way has not been used or improved since its creation and is not needed  for municipal  purposes  now or in the foreseeable  future.

 WHEREAS , vacating the previously dedicated right of way will facilitate a higher  and better  use of the property  of which  the right of way  is a part.

 WHEREAS , the Planning Commission has reviewed the Petition of the owner /developer and recommends to the City Council vacation of this right of way pursuant to ACA § 14-54-105.

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

 Section 1: That  the right of way described  on Exhibit  A hereto, having  not  been  used or improved for public convenience since its creation is hereby determined to not be required  for  City  purposes  at this time or  in  the foreseeable future.

 Section 2: That Sherri Lynn McAdow is the record title owner of the real property (Parcel #785-18142-000) on which the right of way described on Exhibit A lies , which is no longer needed for City purposes. Such property is hereby vacated in favor of Sherri Lynn McAdow , and the Mayor and Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the right of way described on Exhibit A hereto Sherri Lynn McAdow.

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

* Please see attachment for complete document

 

Friday, 16 June 2017 14:20

ORDINANCE 2017-10

 

ORDINANCE NO. 2017-10

AN ORDINANCE ADOPTING A NEW MASTER STREET PLAN AND MASTER STREET PLAN MAP

FOR THE CITY OF JOHNSON, ARKANSAS,  AND OTHER  MATTERS  RELATED THERETO.

 

WHEREAS, the Planning Commission for the City  of Johnson  along with the engineer  for the City  have performed  a comprehensive  and  exhaustive  study and investigation regarding  the future street/transportation needs  in Johnson  taking  into account the Future Land Uses adopted by Ordinance 2010-01  for all  property  within the City as well as considering revision of long-range future land use needs of the City and its residents for streets/transportation  to serve  those properties;

WHEREAS , the Planning Commission has studied the use and need for  various types of roads and streets within  the City comparing  such to the projected  and  anticipated  needs  in the near and  distant future;

WHEREAS, the City is currently considering the proposal of a Comprehensive Land Use Plan and Map; completion of that endeavor and public input on same may be weeks or months away;

WHEREAS, the Planning Commission, on the 4t h  day of May, 2017, held a public hearing on the issue of adopting a new Master Street Plan and the full size Master Street Plan Map as displayed  at City Hall, after the giving  of required  notices ; and,

WHEREAS, the City of Johnson needs to adopt a new Master Street Plan, the Planning Commission recommends and proposes to the City Council of Johnson , Arkansas, that the City adopt the Master  Street Plan  as attached  and as depicted on the attached  map (facsimile) and that the attached Master Street Plan be immediately  adopted  and  that the Master Street Plan Map of the City, which is displayed full size at City Hall be immediately adopted as the official  Master Street Plan  Map.

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

Section  1That the full-size  Master Street Plan Map displayed  at City  Hall along with the attached Master Street Plan, be and are hereby  adopted  as the Master Street Plan and the Master Street Plan Map for the City of Johnson, Arkansas, in the place and stead of the previous Master Street  Plan and Master Street  Plan Map adopted  by Ordinance 2010-0  I.

Section 2That the street/road  types depicted  on the attached  Master Street Plan and the full size Master Street Plan Map displayed at City Hall are hereby adopted for roads and streets  in  the City of Johnson, Arkansas.

Section 3That all  uses and occupation  of lands within  the City shall continue to be in accordance with the described  uses as set  forth  in Johnson  Zoning Ordinance  adopted by Ordinance No. 2007-13 (as amended from  time to time) and  the current  official  zoning map; no structures or improvements shall hereafter be permitted  or allowed  which encroach on the streets/roads in the attached Master Street Plan or as depicted on the full size Master Street  Plan Map displayed  at City Hall.

Section 4Disobedience  to the provisions of the attached  Master Street  Plan and the full size Master Street Plan Map displayed at City Hall in regard to encroachment on depicted  roads/streets  shall  be punished  as provided  in the Johnson Municipal Code.

Section 5Disobedience to the provisions of the Johnson Zoning Ordinance (as amended) as depicted on the current Zoning Map in regard to the use and occupation of specific parcels of land shall  be punished  as provided  in Section 125 thereof.


PASSED  AND APPROVED This 13th day of June 2017.

ATTEST:

 

Friday, 16 June 2017 14:18

ORDINANCE 2017-09

ORDINANCE NO. 2017-09

AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE JOHNSON MUNICIPAL CODE,

BY ADDING JOHNSON MILL BOULEYARD OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS,

DECLARING AN EMERGENCY TO EXIST AND  OTHER  MATTERS RELATED  THERE TO

WHEREAS , City staff, the engineer for the City and the Planning Commission have spent many hours stud yin g, discussing, receiving public input and ideas on a design overlay district for the area around  Johnson  Mill Boulevard;

WHEREAS , the Planning Commission as a result of these efforts, recommends  for  the John son Mill Boulevard  corridor additional  design regulations;

WHEREAS, the Overlay District will protect and enhance Johnson' s appearance, identity, and the City' s natural and economic vitality; and,

WHEREAS, the Overlay District will preserve property  values  of surrounding  property and  provide  good civic design and arrangement.

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

Section 1: Title 14, Chapter 14. 04, Section 14.04.05 of the Johnson Municipal Code is hereby amended by the addition of the Johnson Mill Boulevard Overlay District description , boundaries , regulations and standards (attached hereto as Exhibits  A and  B) which shall appear  in the  Johnson   Municipal   Code   immediately   below  the  Section  number  and  title  and   prior   to " Agricultural and  Residential Districts".

Section 2: The Johnson Mill Boulevard Overlay District, as described on Exhibit A hereto , with regulations and standards as set out in Exhibit B is hereby created to expand the design regulations of the area around Johnson Mill Boulevard which was recently improved as a connection between the Don Tyson Parkway and 1-49, which will enhance and protect Johnson' s appearance, identity and economic vitality while providing good civic design and arrangement and aid mobility.

Section 3: The Johnson Mill· Boulevard Overlay District contains those areas of Johnson identified on the Johnson Mill Boulevard Overlay District Map (a reduced facsimile of which is attached hereto as Exhibit C) and is generally those areas of the City adjacent to either side of Johnson Mill Boulevard and its intersecting streets/roads as more specifically described at Exhibit A and as depicted on the Johnson Mill Boulevard Overlay District Map. The regulations and standards applying to the Johnson Mill Boulevard Overlay District, whether set forth on the attached or in other provisions of the Johnson Municipal Code or Ordinances of the City shall apply to all properties identified as being within the Johnson Mill Boulevard Overlay District. Such regulations and standards shall be in addition to and shall overlay all other Code/Ordinances regulations and standards including but not limited to zoning district, signage regulations, development, redevelopment and expansions of existing development. Should there be a conflict between the regulations and standards of the Johnson Mill Boulevard Overlay District and those underlying regulations and standards, the regulations and standards of the Johnson Mill Boulevard Overlay District shall control except to the extent that there should be a conflict between this Overlay District and the Hilltop/Hillside Overlay District in which case the regulations and standards of the Hilltop/Hillside Overlay District shall control.

Section 4: That the Johnson Mill Boulevard Overlay District Map (24" by 36") with original signatures maintained at City Hall is hereby adopted to identify those areas in the City lying within such Johnson Mill Boulevard Overlay District. Any conflict between the description of the Johnson Mill Boulevard Overlay District contained in Exhibit A and the Johnson Mill Boulevard Overlay District Map maintained at City Hall shall be resolved by the Map yielding to the description in Exhibit A.

Section 5: That except as provided above neither the Johnson Mill Boulevard Overlay District nor the Johnson Mill Boulevard Overlay District Map shall otherwise affect previous Ordinances, Resolutions or adopted codes/standards for development/construction within the City of Johnson . 

Section 6: Whereas , the City has hosted a public meeting and a public hearing concerning the adoption of enhanced design regulations and standards for the area within the Johnson Mill Boulevard Overlay District whereby the majority saw a need for such and felt the need for the change was long overdue, therefore in order to preserve the health, safety and welfare of those in the City an emergency is hereby declared and this Ordinance shall be effective immediately upon its passage and adoption.

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

* Please see attachment for complete document

 

  

 

Friday, 16 June 2017 14:17

ORDINANCE 2017-08

ORDINANCE NO. 2017-08

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY  IDENTIFIED  IN  REZONING   PETITION 2017- 01

 OF TONS OF STORAGE,  LLC,  APPROVED  APRIL  6 2017,  BY  JOHNSON  PLANNING COMMISSION.

WHEREAS, the Planning Commission on April 6, 2017, passed the Rezoning Petition of Tons of Storage, LLC, and recommended to the City  Council  passage  of an ordinance  to  rezone the described  property  from A-1  to C-1;

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

Section 1That  the zone classification of the following described  property  be changed  from  A-1 to C-1:

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.

PASSED AND APPROVED this 13th day of June 2017

* Please see attachement for complete document

 

Friday, 16 June 2017 14:16

ORDINANCE 2017-07

ORDINANCE NO. 2017- 7

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES

REGARDING PROPERTY IDENTIFIED IN REZONING PETITION  2017- 02  OF  TONS  OF  STORAGE,   LLC, 

APPROVED   APRIL 6 2017, BY JOHNSON  PLANNING COMMISSION.

 

WHEREAS, the Planning Commission on April 6, 2017, passed the Rezoning Petition of Tons of Storage, LLC, and recommended to the City  Council  passage  of an ordinance  to rezone the described  property from C-1/R- l  to C-1;

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

Section 1That the zone classification of the following described  property  be changed from C-1/R-1  to C-1:

See attached "Exhibit Q"

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.

PASSED AND APPROVED this  13 day of June 2017.

ATTEST:

*Please attachment for complete document

Friday, 16 June 2017 14:15

ORDINANCE 2017-06

ORDINANCE  NO. 2017-06

AN ORDINANCE AMENDING TITLE 5 OF THE JOHNSON MUNICIPAL CODE BY ADDING CHAPTER 5.10 SOLID WASTE AND AMENDING TITLE 5, CHAPTER 5.04 AND CHAPTER 5.12.

WHEREAS, a number of Ordinances have been adopted to deal with the promotion of good health and sanitation within the City for the benefit of residents and visitors throughout the history of the City;

WHEREAS, some of those Ordinances have dealt with broad areas and topics while other Ordinances were more narrowly drawn;

WHEREAS, several of these Ordinances have contained definitions for categories of waste, refuse and rubbish with some definitions conflicting with and/or confounding other definitions;

WHEREAS, from time to time definitions do need to be updated, refined, clarified or expanded due to any number of causes;

WHEREAS, Ordinance No. 2013-08 of the City of Johnson adopted June 11, 2013, formally adopted the Johnson Municipal Code which superseded all other general and permanent Ordinances adopted prior to April 9, 2013 as provided therein;

WHEREAS, Ordinance No. 2013-08 expressly provided that "all previously adopted Ordinances, whether or not included in [sic] Code, shall remain in full force and effect until specifically repealed, amended or otherwise affected by action of the governing body.";

WHEREAS, the City Council desires to adopt new, revised and/or better stated definitions dealing with the maintenance and promotion of good health and sanitation within the City, it is hereby declared the express intent of the Council that the definitions set forth in this Ordinance shall supersede the same or similar definitions previously adopted by Ordinance which previous definitions are hereby repealed to the extent of any conflict with those hereinafter set forth;

WHEREAS, Ordinance No. 2016-27 amended Title 5, Chapter 5.04 and incorrectly listed Chapter 5.04 as Title 5.04 instead, which mistake needs to be corrected; and,

WHEREAS, the City, from time to time, has previously and will continue to enter into agreement sand contracts with other municipalities, entities and people to obtain certain services, benefits and/or goods, and those agreements/contracts often contain "definitions" to clarify and make certain the intent of such agreements/contracts, the definitions hereinafter set forth shall not impact, alter or amend such agreement/contract definitions whether entered into before or after the adoption of this Ordinance.

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

Section 1:       Title 5 of the Johnson Municipal Code is hereby amended by adding "Chapter 5.10 Solid Waste-Definitions" to the Chapters Index in Title 5.

Section 2:    Title 5 of the Johnson Municipal Code is hereby amended by adding

Chapter 5.10, Solid Waste-Definitions as follows:

CHAPTER  5.10 SOLID WASTE-DEFINITIONS

DEFINITIONSFor the purposes of Title 5 (and as otherwise specified within this code) the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Biomedical Waste: This waste typically generated during the diagnosis, treatment, immunization of human beings or animals or in research  activities  in these  fields or in the testing  or production  of biologicals.

Brush:   Shrubbery,  bush, and trees trimmings  under three (3) inches  in diameter.

Bulky Waste: Items too large for collection  by contractor  or solid waste contractor  or too large for residential garbage carts, such as appliances, furniture, residential garbage carts,  such as limbs, etc.

Construction Debris: The refuse, byproducts, wrappings and  waste  of  all  types produced or left over as the result of the demolition, construction, repair, alteration, renovation, addition or work on buildings,  structures or other  manmade  improvements.

Contractor or Solid Waste Contactor: Means that sanitation company to which the City's bid was let for the residential solid waste contract, or a licensed commercial solid waste contractor.

Extraordinary Materials: Hazardous wastes, body wastes, dead animals, abandoned vehicles,  vehicle parts, large equipment  and parts  thereof.

Garbage: All waste accumulations of animal, fruit, or vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fowl, fish, fruits, or vegetables, tins cans, or other containers originally used for food stuffs. The term "garbage" shall not include mineral wastes or manufacturing or processing wastes.

Hazardous Materials: Wastes that are hazardous by reason of their pathological explosive, radiological or toxic characteristics, or by virtue of their being defined as hazardous by any state or federal law or regulation.

Limbs: Tree trimmings over three (3) inches in diameter. Motor Vehicle: State law reference A.C.A § 27-49-219(b). Person: Any individual, legal entity, firm, or corporation.

Residential Multiple Family:: A residential multiple-family complex of four or more residential units or a mobile home park where services for the removal of solid waste are paid by the individual residential units.

Residential Multiple Family-Single Payor: A residential multi-family complex of four or more residential units or a mobile home park where services for the removal of solid waste are paid by a single payor whether solid waste of multiple residential units has one or more consumer collection areas or individual unit collection.

Residential Unit: A house, apartment, mobile home, manufactured structure, building or a portion thereof designed for occupancy by a single family (of related persons) or not more than four (4) unrelated persons.

Sidewalks: That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians, including, but not limited to, improved trails.

Signs: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service or a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. A sign shall not include such devices located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant, or insignia of any state, city, or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

Solid Waste: Trash and garbage, but not biomedical waste, hazardous materials, special materials,  extraordinary  materials, limbs.

Special Materials: Those bulky materials or other special wastes that are not stored in approved containers and cannot  be picked  up by hand.

Trash: All nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as paper, cardboard, glass crockery, excelsior, cloth and similar materials. The term "trash" shall not include mineral waste or manufacturing or processing wastes."

Yard WasteGrass  clippings,  leaves  and shrubbery  trimmings  (ACA  Sec 8-6- 220(c)(3))

Section 3:        The heading of Title 5.04 Clean Up and Maintenance of Real Property of Title 5 of the Johnson Municipal Code is hereby amended to read as follows:

CHAPTER 5.04

Clean  Up and Maintenance  of Real Property"

Section 4:        Title 5, Chapter 5.04, Section 5.04.02 Definitions is hereby amended by deleting the separate definitions listed thereunder and replacing those definitions with the following text:

"Terms/words defined in J.M.C. Title 5, Chapter 5.10 shall be controlling as to the use of such terms/words in this Section"

Section 5read as follows:

Sections:

 Title 5, Chapter 5.12 the Sections index is hereby amended to

5.12.1                            General Provisions  Applicable  to All

5.12.2                            Commercial  Solid Waste

5.12.3                            Residential  Solid Waste

Section 6:        Title 5, Chapter 5.12, Section 5.12.01 is hereby amended by amending the title to this Section and deleting the separate definitions listed thereunder and replacing such title and those definitions with the following:

"5.12.01 GENERAL PROVISIONS APPLICABLE TO ALL terms/words

defined in JMC Title 5, Chapter 5.10 shall be controlling as to the use of such terms/words in this Section.

  1. All residents, businesses, commercial establishments of all types, industrial operators and occupants of Johnson shall contract with appropriately licensed collectors, haulers, transporters, disposal entities, contractors/solid waste contractors to dispose of garbage, trash, solid wastes, biomedical waste, extraordinary materials, special materials, hazardous materials and/or other refuse as required by local, state or federal laws/regulations.
  2. All residents, except for those classified as Residential Multiple Family­ Single Payor, shall utilize the services of the Contractor/Solid Waste Contractor having the current Residential Solid Waste Collection contract with the City. Residents shall not opt to assume the responsibility of transporting or disposing of solid waste for themselves.
  3. Pursuant to the provisions of JMC Title 5, Chapter 5.12, each business, commercial establishment, industrial operator, Residential Multiple Family-Single Payor complex and all other nonresidential occupants of the City shall contract with an appropriately licensed commercial solid waste contractor or other appropriately licensed hauler, transporter, collector or disposal entity to dispose of their/its garbage, trash, solid wastes, biomedical waste, extraordinary materials, special materials, hazardous materials and/or other refuse. However, business or commercial establishments occupying premises under common ownership may elect to cooperate in utilizing a common collection site and single licensed commercial solid waste contractor.
  4. All residential solid waste shall be collected as provided in the City's contract with the solid waste contractor. All businesses, commercial establishments, industrial operators and other nonresidential occupants of Johnson shall arrange for solid waste collection on a basis sufficient to avoid overflows of the approved containers and to avoid creating noxious or nuisance situations/circumstances which impact neighbors or the public. Failure to comply in this regard following a 24 hour warning shall be considered a violation punishable as provided in JMC Section 1.32.01.
  5. All occupants of the City shall utilize containers provided by the licensed solid waste contractor unless a business, commercial establishment, industrial operator or other nonresidential occupant provides a container which is approved by the contractor and the City.
  6. All persons working in the City who produce construction debris shall make adequate provision for the containment and periodic removal from the City of such debris by lawful means. Areas where such work is being performed shall not be allowed to become noxious or to create a nuisance injurious to the health of the workers or the public. Failure to comply in this regard following a 24 hour warning shall be considered a violation punishable as provided in JMC Section 1.32.01.
  7. Yard waste and limbs may be disposed of in accordance with JMC Sections 7.16 and 7.18. 
  8. Residential solid waste containers shall be placed as required by the City agreement with the solid waste contractor by residents on the collection dates. Solid waste containers used by all other occupants of the City shall be kept on the premises at a location readily accessible to the contractor's personnel or equipment. No solid waste containers shall be kept or placed in a location so as to create a public nuisance or impede traffic or pedestrian travel.
  9. It is hereby declared unlawful for an owner, occupant, tenant, lessee or licensee of a dwelling, business, commercial establishment, industry, warehouse or other property within the City to allow solid waste to accumulate on his/her premises, to place solid waste on the premises of another, or to allow an unsanitary or unhealthy condition to exist. Failure to comply following a warning and reasonable time to come into compliance shall be considered a violation and punishable as provided in JMC Section 1.32.01.
  10. All residents, owners and occupants of property within the City required by Title 5 of the JMC to provide for collection of solid waste by a contractor shall pay for such services at the rates set forth in the City's agreement with the solid waste contractor or as otherwise agreed with a solid waste contractor."

Section 7: As follows:

 Title 5, Chapter 5.12, Section 5.12.02 is hereby amended to read as

 "5.12.02 Commercial Solid Waste

 

  1. Insurance From and after the effective date hereof, all collectors, haulers, and transporters of solid waste, and persons or entities disposing of commercial solid waste, hazardous materials, extraordinary materials, construction debris or biomedical waste, from within the city limits of Johnson, Arkansas shall provide to the city copies of the following:   
  1. Current waste hauler license issued by the state of Arkansas.
  2. Automobile/motor vehicle liability insurance policy in amount not less than $500,000/$1,000,000;
  1. Workers compensation coverage for all employees/workers within Johnson;
  1. General liability insurance policy in amount not less than $1,000,000;
  1. Contract/agreement with permitted/licensed landfill/disposal site;
  1. Copy of contract, agreement with each commercial client in Johnson; and,
  1. All licenses, permits or other authorizations required by governmental unit/agency;

and shall provide such information prior to collecting, hauling or transporting of such commercial solid waste/specified materials within Johnson and provide renewals/replacements thereof as necessary.

  1. Fees There is hereby levied a fee to be paid by the person or entity collecting, hauling, or transporting of commercial solid waste, hazardous materials, extraordinary materials, or biomedical waste (hereinafter 'specified materials') within Johnson, Arkansas. This fee shall offset the administrative costs of collecting, safekeeping and managing the documents provided and offset the costs of personnel, equipment and associated expenses in visiting such commercial locations to insure compliance with laws and regulations. The fee shall apply to each person or entity collecting, hauling or transporting commercial solid waste

/specified materials with regard to each commercial customer/location (with each dumpster/solid waste receptacle being considered a separate location). The fee shall be due at the time the documents are provided to the city and shall cover a period of twenty-four (24) months or the length of the agreement between the commercial endeavor and the collector, hauler, transporter or person/entity disposing of commercial solid waste, whichever is shorter.

The fee to be charged to operators doing business with commercial entities within Johnson is hereby set at Twenty-Five Dollars ($25.00) for each commercial location or business with whom the operator has an agreement/contract. The fee set hereof shall be reviewed at least annually by city staff to ensure its sufficiency, necessary adjustments shall be recommended to the City Council so as to prevent overcharging or undercharging the operators.

The fee shall be determined by the City Council from time to time based upon information provided by city administrative and inspection officials concerning the costs related to this program. When, and as determined by the City Council, the fee shall be set by proper resolution pending future review and adjustment.

  1. Copies Beginning in the year 2011, information provided to business/commercial endeavors within Johnson, in regard to business licenses and other such information, shall include either a copy of this ordinance or a notice of same. Additionally, copies of this ordinance shall be provided to all persons/entities known by the city to collect, haul or transport commercial solid waste/specified materials within Johnson.
  1. Compliance Nothing herein shall relieve any person, entity, business or commercial endeavor collecting, hauling, disposing of, or generating hazardous materials, extraordinary materials or any substance regulated by state or federal law with strict compliance with all such laws and regulations.
  1. Application Prior to commencing the collecting, hauling or transportation of commercial solid waste/specified materials within Johnson, a person or entity engaging in such shall provide the documentation called for in Subsection (A), pay the fee then in effect, and complete an application as required by the City."

Section 8:        Title 5, Chapter 5.12, Section 5.12.03 is hereby amended to read as follows:

"5.12.03 Residential Solid Waste

 

  1. Periodically the City shall award a contract to a company or individual willing to provide collection, hauling, transportation and disposal services of solid waste and recyclables (as defined in such contract) for residents within the City. Such contract may also provide for collection and composting of certain yard waste for the residents of the City. Such award shall be by Ordinance following the application/bidding procedure as authorized by the City Council.
  1. Pursuant to such Ordinance there shall be levied fees/rates for collection and disposal of solid waste and recyclables as well as composting collection services in accordance with the terms of such contact. However, the gross receipts taxes of the City of Johnson shall apply to all services subject to same provided by contractor within the City.
  1. Such Ordinance shall grant to the company/individual awarded the contract a  license  to  operate  appropriate  vehicles  and  equipment,  in  order to

perform such contract, on existing and newly dedicated streets rights-of­ way, alleys, utility easements and other public passageways within Johnson.

  1. The Ordinance shall grant unto such company/individual a franchise to provide residential collection and disposal of solid waste and recyclables along with composting services pursuant to the terms of the contract within the Johnson corporate limits as therein provided.  Said franchise shall be for the effective dates of the contract.

Section 9:       This Ordinance  shall  be effective on the 13 day of June , 2017 and thereafter.

PASSED AND APPROVED This 13th day of June, 2017

Monday, 12 June 2017 18:45

MAY 9, 2017

JOHNSON CITY COUNCIL

MEETING MINUTES

CITY HALL

MAY 9, 2017

 

Mayor Chris Keeney declared a quorum present and called the meeting to order at 6:04 pm.

Present were Aldermen Katherine Hudson, Bill Burnett, and Hunter Haynes. 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/Maintenance Specialist Clay Wilson. Aldermen Richard McMullen, Bob Fant and Melissa Posinski were absent.

Mayor Keeney asked for a motion to amend the agenda adding Ordinance 2017-07 and Ordinance 2017-08 after Ordinance 2017-06 in new business. Motion was made by Bill Burnett and seconded by Hunter Haynes. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to approve the minutes of the April 11, 2017 council meeting. Katherine Hudson made a motion to approve the minutes as written and was seconded by Bill Burnett. All approved including Mayor Keeney.

 

Department Head Reports

Police Chief Vernon Sisemore stated that 24 new cases were opened and all 24 were closed.  Chief Sisemore the department has racked up some overtime due to the flooding.

Fire Chief Matt Mills stated there were 48 calls for service, 11 of which were water rescues; in the process the boat was damaged beyond repair. Mills stated 60 people were rescued during the flooding. Mills stated the truck is still not back and there is no timeline. Mills stated the hoses were tested in preparation for the ISO visit. 

Public Works Director Jerry Morrow stated the department assisted with the flood emergency, and in the aftermath, cleared ditches and the trail. Morrow stated the department performed City maintenance and mowing. Morrow stated he attended ACT and TAC meetings at NWARPC.

Special Attorney Justin Eichmann stated the Planning Commission is working on the Sign Ordinance and plans to have it to Council in August. On the litigation side, Eichmann stated it has been really quiet and they are prepared to file a summary judgement motion this week against Casper. Eichmann stated he will be back to let the Council know what is happening.

Building Official/Maintenance Specialist Clay Wilson stated there were 3 building permits issued and 6 mechanical permits. Wilson stated he has been working on plan reviews and attending meetings along with vehicle maintenance.

Recorder/Treasurer Jennifer Allen stated State Turnback has been received, but Property Taxes and Sales Taxes have not. Allen received an email from the county which stated property taxes could be lower than expected this month due to slow payments, but should be higher than usual next month. Allen stated that

Universal Fleet Premium, the company used for fuel cards for the City, took $24,809.00 from the General Fund instead of the authorized $248.09. We have been told a check was mailed to us 4/28/2017 for the overage, but it has not been received.

City Attorney Danny Wright stated that he has been working on the Fire Department transition and put the final touches on transferring the traffic signal at Joyce and Wilkerson to the City of Johnson from Fayetteville.

Mayor Keeney stated there is a chain link fence that boarders the trail at Green Country Nursery that has been damaged by the rain and the chain link is a leaf net. City Attorney Danny Wright stated it was legal to remove the damaged fence and remove debris, but not to fix it. Hunter Haynes made a motion to get this done and was seconded by Katherine Hudson. All approved including Mayor Keeney.

 

Mayor Keeney stated that all city services, Police Department, Fire Department and Public Works, did an excellent job during the recent flooding; all departments will have an After Action Report meeting on Thursday to evaluate what could or should be done differently in the future.

Mayor Keeney stated he attended the Congress of New Urbanism in Seattle; focused on public transit with an emphasis on mass transit.

Mayor Keeney stated there was approximately $180,000 in damages from the flood and the City is hoping to get some state help to complete all the repairs. The flood took out the guardrails on the Greenway bridge crossing Mud Creek on the south end and chain link is going up in the meantime for safety.

Unfinished Business: None

New Business:

City Attorney Danny Wright stated an employee quit last August and went to work for another company. Since then, he has filed for unemployment against the City. All attempts to appeal the payment of this fee have been denied. The City has 2 options: pay the claim, or file a lawsuit with the Circuit Clerk to challenge it. If the suit is filed, it is up to the individual making the claim to prove that it is owed to him. Hunter Haynes made a motion to file with the Circuit Court and was seconded by Bill Burnett. All approved including Mayor Keeney.

Mayor Keeney presented RESOLUTION 2017-05: A RESOLUTION REPEALING RESOLUTION No. 2016-09AND THE CONTRACT APPROVED THEREBY AND APPROVING A REVISED CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF JOHNSON. City Attorney Danny Wright stated the new Resolution and contract were required because after the contract approval last fall, the election brought a new County Attorney and County Judge into office and their response was to increase the fees and place liability for dangerous animals back on the City. Wright stated after negotiation, this contract has the liability removed, but still costs more.  Motion to approve was made by Katherine Hudson and seconded by Hunter Haynes. All approved including Mayor Keeney. RESOLUTION 2017-05 was approved.

Mayor Keeney presented ORDINANCE 2017-06: AN ORDINANCE AMENDING TITLE 5 OF THE JOHNSON MUNICIPAL CODE BY ADDING CHAPTER 5.10 SOLID WASTE AND AMENDING TITLE 5, CHAPTER 5.04 AND CHAPTER 5.12. Mayor Keeney asked for a motion to read Ordinance 2017-06 by title only. Motion was made by Hunter Haynes and seconded by Katherine Hudson. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2017-06 by title only. Motion was made by Hunter Haynes and seconded by Katherine Hudson. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes.

Mayor Keeney presented ORDINANCE 2017-07: AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2017-02 OF TONS OF STORAGE, LLC, APPROVED APRIL 6, 2017 BY JOHNSON PLANNING COMMISSION. Mayor Keeney asked for a motion to read Ordinance 2017-07 by title only. Motion was made by Katherine Hudson and seconded by Hunter Haynes. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2017-07 by title only. Motion was made by Hunter Haynes and seconded by Bill Burnett. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes.

Mayor Keeney presented ORDINANCE 2017-08: AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2017-01 OF TONS OF STORAGE, LLC, APPROVED APRIL 6, 2017 BY JOHNSON PLANNING COMMISSION.  Mayor Keeney asked for a motion to read Ordinance 2017-08 by title only. Motion was made by Hunter Haynes and seconded by Katherine Hudson. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2017-08 by title only. Motion was made by Katherine Hudson and seconded by Bill Burnett. Roll call: Katherine Hudson, yes; Bill Burnett, yes; Hunter Haynes yes; Mayor Keeney, yes.

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. Hunter Haynes made a motion to pay the bills and Katherine Hudson seconded. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to adjourn which was made by Hunter Haynes and seconded by Katherine Hudson. All approved including Mayor Keeney.  The meeting was adjourned at 6:50 pm.

Respectfully Submitted,

_________________________________                              ___________________________________

Jennifer Allen CMC, CAMC                                                      Chris Keeney, Mayor

Recorder/Treasurer 

Monday, 12 June 2017 18:10

APRIL 11, 2017

JOHNSON CITY COUNCIL

MEETING MINUTES

CITY HALL

APRIL 11, 2017

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

Present were Aldermen Katherine Hudson, Bill Burnett, 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/Maintenance Specialist Clay Wilson. Aldermen Richard McMullen, Hunter Haynes and Bob Fant were absent.

Mayor Keeney asked for a motion to approve the minutes of the March 14, 2017 council meeting. Melissa Posinski made a motion to approve the minutes as written and was seconded by Katherine Hudson. All approved.

Department Head Reports:

Police Chief Vernon Sisemore stated that 27 new cases were opened, 26 of which were closed. Chief Sisemore introduced two new police officers: Officer Chris Porter has been in law enforcement for 17 years, and Officer Josh Griffin is joining the department from Mississippi, but is originally from northwest Arkansas.

Fire Chief Matt Mills stated there were 26 calls for service. Mills stated brush truck back in service and the borrowed truck has been returned to Tontitown. Mills Stated the ISO people will be here May 19 at 9:00 am to do an assessment. Mills stated the City’s ISO rating is currently a 4, but there is a new process that is shorter, but they don’t know quite what to expect. Mills stated the Crown Vic that belongs to the department is no longer of any value and will be sold or used for training.

Public Works Director Jerry Morrow stated the department performed City maintenance and mowing. Morrow stated he attended AHTD grant application training, NWARPC meeting and a Clear Creek Planning Team Meeting. Discussion was had regarding marking emergency points on the trail, geo tracking and signage.

Building Official/Maintenance Specialist Clay Wilson stated there were 5 building permits issued and 10 mechanical permit. Wilson stated he has been working on plan reviews and preparing for the Town Hall Meeting.

Gregg Gainer stated the Planning Commission intends to recommend the Overlay District Ordinance for Johnson Mill Boulevard. Gainer said the PC is looking ahead so the City to grow in a responsible manner and have guidelines in place. The PC is also working on the Master Street Plan and Future Land Use Plan. Gainer stated the Town Hall meeting went great; it was well attended with over 65 people and lots of positive feedback.

Recorder/Treasurer Jennifer Allen stated State Turnback and Property Taxes have been received, but Sales Taxes have not. Allen stated the City began accepting credit/debit cards as a form of payment the first of April.

Allen stated $30,000 was moved from the General Fund to the LOPFI Fund to cover retirement payment costs.

SITT money should be received in July which should cover the cost for 4+ months. $11,000 in restitution was received from KLLM Transport Services for the damage that was done by one of their trucks to the Main Drive Bridge late last year. Allen also stated that Universal Fleet Premium, the company used for fuel cards for the City, took $24,809.00 from the General Fund instead of the authorized $248.09. Attempts to get a refund as of today have not been successful.

City Attorney Danny Wright stated that in a complete about face from last month, the Council will look at a Resolution transferring the traffic signal at Joyce and Wilkerson to the City of Johnson from Fayetteville. Wright stated he has reviewed the electric service areas, TIF (tax incremental financing) districts and worked on drainage issues with Clay.

Mayor Keeney stated AHTD cleaned up the on/off ramps of I-49 as requested. The City is looking using an adopt-a-spot strategy to have landscaping/maintenance done on those 4 areas that are the entrance to our City.

Mayor Keeney stated that the Hogeye Marathon course change bringing it through Johnson was a success and the Police and Fire Departments did an excellent job.

Mayor Keeney stated a call was received at 5:30 this evening that the company working on the fire truck is having trouble finding parts and he and Clay will meet with them tomorrow to discuss replacing the engine at a cost of $20,000.00.

Unfinished Business: None

NEW BUSINESS:

Mayor Keeney stated requested the Council’s affirmation of his appointment of Shane Bronson to fill a vacancy on the Planning Commission for the term January 1, 2015 through December 31, 2019. Melissa Posinski made a motion to affirm the appointment and was seconded by Katherine Hudson. All approved including Mayor Keeney.

Mayor Keeney presented RESOLUTION 2017-04: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO UTILIZE FEDERAL AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS. Mayor Keeney stated this TAP grant opportunity is for lighting the trail. Motion to approve was made by Katherine Hudson and seconded by Melissa Posinski. All approved including Mayor Keeney. RESOLUTION 2017-04 was approved. How much of the trail to light was discussed and Melissa Posinski made a motion to light the whole 1.8 mile trail and was seconded by Bill Burnett. All approved including Mayor Keeney.

Mayor Keeney stated asked for Council approval to apply for a competitive award available from the Walton Family Foundation for open space parks and green spaces which our 80 acre park fits perfectly and. Motion was made by Melissa Posinski and seconded by Bill Burnett. All approved including Mayor Keeney.

Mayor Keeney presented RESOLUTION 2017-03: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF JOHNSON AND FAYETTEVILLE, ARKANSAS CONCERNING THE TRAFFIC SIGNAL AT JOYCE AND WILKERSON. Bill Burnett made a motion to approve and was seconded by Katherine Hudson. All approved including Mayor Keeney. RESOLUTION 2017-03 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. Melissa Posinski made a motion to pay the bills and Katherine Hudson seconded. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to adjourn which was made by Melissa Posinski and seconded by Bill Burnett. All approved including Mayor Keeney. The meeting was adjourned at 6:40 pm.

Respectfully Submitted,

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Jennifer Allen CMC, CAMC Chris Keeney, Mayor