Planning Commission Minutes
city of johnson arkansas logo

Planning Commission Minutes

Michelle Horne

Michelle Horne

Tuesday, 25 October 2016 16:16

Resolution 2016-08

RESOLUTION NO. 2016-08

                                    A RESOLUTION LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY  WITHIN  THE  CITY OF  JOHNSON,  ARKANSAS,  FOR  THE

YEAR 2016,  FIXING  THE  RATE  THEREOF AT  5 MILLS, AND

CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS.

BE  IT  RESOLVED   BY  THE  CITY  COUNCIL  OF  THE  CITY  OF    JOHNSON,

ARKANSAS:

Section 1:  That a tax is hereby levied on the real and personal property within the City of Johnson, Arkansas, for the year 2016, to be collected in 2017, at the rate of     5 mills.

Section 2: That the real and personal property tax so levied and the rates provided therefore are hereby certified to the Clerk of Washington County, Arkansas, to be placed in the tax book by the County Clerk and collected in the same manner that the county and school district taxes are collected.

Section 3: The Recorder -Treasurer is hereby authorized and directed to file certified copies of this resolution in the office of the County Recorder, County Clerk, County Assessor, and the County Tax Collector for Washington County, Arkansas.

PASSED AND APPROVED ,this   11 day of  OCTOBER, 2016 

 
   

ATTEST:

Tuesday, 25 October 2016 16:07

Resolution 2016-07

RESOLUTION NO. 2016-07

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GTS INC, FOR STRUCTURAL EVALUATION OF AN EXISTING CAVE

 

WHEREAS,   the   City   has  been  approached   about   the   possible   location  of an entertainment/recreational facility within Johnson;

WHEREAS, such facility may be developed on land which could eventually be transferred to the City;

WHEREAS, there is a significant question concerning the suitability of such land for development of the proposed facility and investigation in that regard is warranted;

WHEREAS,  City has been awarded a grant to conduct such investigation  by a   qualified

entity;

WHEREAS, City, pursuant to Resolution No. 2016-04 entered into a preliminary Agreement securing the permission of Triangle Builder's Supply, Inc. (hereinafter Triangle)  for  the City and GTS, Inc. to go onto the property and into the Parnell East Mine to conduct the investigation;

WHEREAS, GTS, Inc. previously submitted a Proposal (GTSI 15237R2) to HCH Consulting which included Scopes of Service, an Agreement for Geotechnical Engineering  Services and a General Conditions for Geotechnical  Engineering Services;

WHEREAS, GTS, Inc. will be overall responsible for the final product concerning the integrity of the cave structure, GTS, Inc. will contract  with third  parties to perform certain work  as described in the Scopes of Service; and,

WHEREAS, the grant funds in the amount of $34,650. have been awarded, to the City, Triangle has authorized the City, GTS. Inc. and others to enter onto their property and conduct the investigation and GTS, Inc. has indicated their willingness to perform the work at the price stated in the proposal.

BE  IT  THEREFORE  RESOLVED  BY  THE  CITY  COUNCIL  OF   JOHNSON,

ARKANSAS:

Section 1: That the Johnson City Council hereby supports and agrees to the potential location of an entertainment /recreational facility within the City and fully authorizes investigation as hereinafter outlined into development of same.

Section 2: That the Mayor and Recorder-Treasurer are hereby authorized to enter into  and execute the Agreement for Geotechnical Engineering Services which includes GTS Proposal No. GTS115237R2 and General Conditions for Geotechnical Engineering Services as attached hereto obtaining for the City and its inhabitants the benefits thereof.

 

Section 3: That in furtherance of such Agreement for  Geotechnical  Engineering  Services which includes GTS Proposal No. GTS l l 5237R2 and General Conditions for Geotechnical Engineering Services. the Mayor and Recorder-Treasurer are authorized to make payment from those grant funds to GTS. Inc. in accordance with the attached.

PASSED AND APPROVED this 27th day of  JUNE, 2016.

 
   
Tuesday, 25 October 2016 16:06

Resolution 2016-06

RESOLUTION NO. 2016-06

A RESOLUTION TO AMEND RESOLUTION 2007-08, SPECIFICALLY EXHIBIT E THERETO, AMENDING THE FEE TO BE CHARGED  FOR  GRADING  PERMITS

WHEREAS, IN 2007 the Planning Commission and City Council recognized the need to review, study, update and standardize the various fees charged  by the   City;

WHEREAS, Ordinance 2007-14 was enacted to provide that the various fees to be set by Resolution  of the City Council  from time to  time;

WHEREAS, Resolution 2007-08 was passed pursuant to Ordinance 2007-14 and set the  fees to be charged  by the City for certain permits and activities  before the  City;

WHEREAS, Exhibit E to Resolution 2007-08  attempted  to set fees for grading  permits  that were different  from the fees for grading  permits as established  by Ordinance  2007-06;

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

Section l:         That the fees set forth  on Exhibit  E to Resolution  2007-08   for grading permits is hereby amended to read as follows:

"Grading Permit

(1 acre or less......................$100.00)

(over  1 acre but less than 5 acres.......$200.00) (5  acres  or  more ....................$300.00)"

Section 2:       In all other respects Resolution  2007-08  is hereby  ratified and confirmed.

PASSED AND APPROVED  this 10TH  DAY of         MAY, 2016.

ATTEST:                                                        

Tuesday, 25 October 2016 16:03

Resolution 2016-05

RESOLUTION NO. 2016-05

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE SPRINGDALE WATER AND SEWER  COMMISSION

WHEREAS, the Springdale Water and Sewer Commission (the Commission) owns land (the Property) within the City of Johnson (Johnson) and operates a facility there to handle/process wastewater as an integral part of its overall operations;

WHEREAS, the operational facility and appurtenances on the Property, except for underground transport pipes, take up a small portion of such parcel of land;

WHEREAS, the Property lies adjacent to Clear Creek and is in close proximity to a walking/bike trail system that is in the process of being connected to the Razorback Greenway;

WHEREAS, the unused and unneeded areas of the Property would lend themselves to an extension of the walking/bike trail with stations along such trail for use by members of the public without impacting the use or the function of the Property by the Commission for its essential purpose;

WHEREAS, Johnson desires to extend and enhance its trail system by constructing and maintaining the walking/bike trail with stations for use by the public on a portion of the Property;

WHEREAS, the Commission concurs that use of a portion of the Property by Johnson for trails and as a park would benefit residents, citizens and visitors to both Johnson and the City of Springdale because of its location;

WHEREAS, representatives of the Commission and Johnson have been working on a proposed Lease Agreement with Exhibits to memorialize the agreement; and,

WHEREAS, the City Council of Johnson supports this project and desires to obtain use of the non-essential areas of the Property for use as a walking/bike trail and other park uses.

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

That:

Section1: The Lease Agreement with Exhibits A and B, as attached hereto, which, among other details, calls for monthly lease payments to the Commission, Johnson accepting responsibility for mowing the Property and contains a 180 day escape provision, is hereby approved.

Section 2: That the Mayor and Recorder-Treasurer are hereby authorized and directed to execute the several originals of the Lease Agreement and to exchange the signed originals with the Commission and the City of Springdale to obtain the benefit of the agreement for the residents, citizens and visitors to Johnson;

Section 3: The Mayor and administration, in concert with Johnson Clear Creek Trails, Inc. and the Planning Commission, should begin formulating plans for development of the leased portion of the Property and are hereby directed to explore grants and other funding sources to raise funds to make improvements as may be approved by the Planning Commission and this Council.

Section 4: That the monthly lease payments to the Commission shall be paid from funds designated as Park Lease and paid in accordance with the Lease Agreement.

PASSED AND APPROVED this 10            day of MAY, , 2016.

 
   

ATTEST:

J

Tuesday, 25 October 2016 15:52

Ordinance 2016-26

ORDINANCE NO. 2016-26 A ORDINANCE AMENDING ORDINANCE 2007-10 (STANDARDS AND GUIDELINES FOR PLANNED UNIT DEVELOPMENT) AND FOR OTHER PURPOSES

            WHEREAS, development of real property in Northwest Arkansas, and the City has seen many changes over the last eight years;

WHEREAS, the City staff and Planning Commission are constantly revisiting procedures set out in City ordinances to keep them consistent with similar provisions in sister cities;

WHEREAS, the City staff and the Planning Commission recommend certain amendments to the PUD Ordinance to protect the unique character of our City and yet facilitate healthy new development.

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

Section 1:   'Section l: General Description.' of Ordinance 2007-10 is hereby amended by the addition of the following paragraph which will become the last paragraph in that Section, to-wit:

"If the PUD zoning district Preliminary Plan contains parking requirements/design standards, street and sidewalk requirements/design standards, landscape requirements/design standards, architectural design standards for residential, commercial and/or industrial uses and lot configurations, along with a procedure or mechanism for deviations, that plan, if specifically approved by the Planning Commission and adopted by the City Council, is an Approved Regulated Plan. An Approved Regulated Plan may define and determine what constitutes a 'minor amendment' to the plan and may control as to how minor amendments to such Plan are approved."

Section 2: 'Subsection (l) Amendments to Preliminary Plan.' of number '(4) Amendments.' to Section 3 of Ordinance No. 2007-10 (on page 7 of Ord. 2007-10) is hereby amended by the following language being substituted in place of the language in the third sentence which precedes the colon, to-wit:

"In addition to the 'minor amendments' as defined or determined by an Approved Regulated Plan, other modifications from the previously approved preliminary plan shall be deemed to be minor plan changes if any and all modifications by the applicant of the plan do not

Section 3: 'Subsection (2) Amendments to Final Development Plan.' of number '(4) Amendments' to Section 3 of Ordinance No. 2007-10 (on page 8 of Ord. 2007-10) is hereby amended by the following language being added as the beginning of the second sentence to-wit:

"Minor Amendments as defined or determined by an Approved Regulated Plan and other".

Then the original text of the second sentence continues.

    Section 4: These amendments to Ordinance 2007-10 shall be effective on the date of passage and approval of this Ordinance.

   Section 5: That in all other respects Ordinance 2007-10 is approved, confirmed and ratified.

PASSED AND APPROVED this          day of                         , 2016.

APPROVED:

 
   

CHRIS KEENEY, Mayor

ATTEST:

 
   

JENNIFER ALLEN, Recorder/Treasurer

Tuesday, 25 October 2016 15:51

Ordinance 2016-27

ORDINANCE NO. 2016-27

AN ORDINANCE TO AMEND TITLE 5, HEALTH AND SANITATION, REPLACING CHAPTER 5.04: MAINTENANCE OF  REAL  PROPERTY, AND REPEALING CHAPTER 5.16 OF  THE  JOHNSON  MUNICIPAL CODE, AND  FOR OTHER PURPOSES

WHEREAS, the city of Johnson's current procedures for securing clean-up liens do not give the City's liens priority over other lienholders in the event of a mortgage default;

WHEREAS, the sections of the Arkansas Code empowering municipalities to place liens upon real property for the costs associated with land clearance have changed significantly since the adoption of the original Real Property Maintenance Ordinance;

NO\V THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON,  ARKANSAS, that:

Section 1:        Title 5, Health and Sanitation is hereby amended as to the  listing of Chapters to read as follows:


Chapters:


"TITLE  5 HEALTH  AND SANITATION


5.04     Clean Up and Maintenance of Real Property

5.08      Littering

5.12     Solid Waste Collection"

Section 2:       That  in as much   as  the  Northwest   Arkansas  Solid Waste Authority was disbanded  several  years ago, Chapter  5.16 is hereby deleted  in its entirety.


Section 3:

follows:

Sections:          5.04.0 I

5.04.02


Johnson   Municipal   Code Chapter 5.04,   is hereby   amended   to  read  as

''TITLE 5.04 CLEAN  UP AND

MAINTENANCE  OF REAL PROPERTY

Land Clean Up and Maintenance Definitions


 
   



5.04.()3

5.04.04


Citations

Abandoned or Inoperative Motor Vehicles


5.0 .0I  Land Clean Up and Maintcnancc

A. This Ordinance is hereby declared to be remedial, and shall be construed to secure the beneficial interest and purposes hereof which are public safety, health, aesthetics and general welfare of the  residents  of  the  City  of  Johnson  through  prevention  and  alleviation of unsafe, unsanitary and unsightly conditions; risk to safety of life and property from tire. bodily injury and other hazards incident to such conditions existing upon real property within the City, whether upon empty lots  in driveways, yards, open spaces, within or about structures of any and all types, or any other manner of existence; and to preserve the aesthetic values of the residents of the City of Johnson.

  1. An unsanitary, unsightly or unsafe condition is defined as a condition including but not limited to stagnant pools of water, an accumulation of trash or garbage, waste products from commercial activity; or the refuse accumulations of animal, fruit or vegetable matter, rubbish, leaves, limbs, weeds, metal, plastic, paper or other substances which may accumulate and/or which emit vile, offensive odors, or provide a harborage for insects, flies or rodents, or increase the risk or hazard of fire, or constitute a public nuisance, or creates a condition offensive or dangerous to health, safety, aesthetics or public welfaregenerally.

  1. (8") in height or length, remove garbage, rubbish, and other unsanitary and unsightly articles and things from their properly and to eliminate, fill up, or remove stagnant pools of water or any other unsanitary things, places or conditions which might become a breeding place for mosquitoes, flies, rodents or germs harmful to the health of the community, or which otherwise constitute a condition  offensive or dangerous  to the public aesthetics orwelfare.

2. All property owners and those persons having a possessory interest in real property within the City of Johnson such as renters, leasehold tenants or lienholders are hereby required to cut weeds, remove brush, weeds,  bushes,  limbs  and other vegetation on  the real property they can occupy so as to prevent obstruction, hiding.   blocking, or covering of signs,  sidewalks, roadways  or  intersections and or  to  prevent the obstruction, hiding, blocking or overhanging (of less than seven feet) of sidewalks, roadways,  street lights  or  intersections so as to  impede visibility  or  normal  travel and passage.

  1. Ifthe owner or persons having a possessory interest in any lot or other realproperty

within the City of Johnson,  shall  neglect  or refuse  to  remove, abate,  or eliminate

 
   


any condition prohibited by this Ordinance,  then the City of Johnson, after giving  the owner or person having a possessory interest in the lot or other real property seven ( 7) days· notice in writing to do so, is authorized  to do ,whatever is necessary  to correct the condition and to charge the cost thereof to the owner or persons having a possessory  interest  in the lot or other  real  property.

2.  Pursuant to the authority of A.C.A.-\. 14-54-903, the City of Johnson is  hereby granted a lien against the lot(s) or neither real property for the costs of the City in correcting the violation. However, this lien shall not be construed as having priority over any other lien secured by a mortgage on the real property, except as provided in Subsection 3 herein.

3. If there is a mortgage or other lien upon real property at issue within the City, the City shall provide written notice to any lienholders a minimum often (10) business days prior to beginning any work on the property. Notice shall be sent to the lienholder's address as indicated in the relevant land records. If the lienholder responds within that period of ten  (10) business days that the property owner is in default under the terms of the note or mortgage, the City employee or other agent charged with abating the unsanitary or unsightly condition shall not undertake any monetarily significant work on the property without the prior approval of the City Attorney.

  1. Owners or persons having a possessory interest in real property which is in violation of this Ordinance shall be notified in writing at their current or last known address. In case the owner or persons having a possessory interest in any lot or other real property  is unknown or his whereabouts art: unknown, is a non-resident of this state, then a copy of the written notice shall be posted upon the premises. Before any action to enforce the lien shall be had, the Recorder/Treasurer shall make an affidavit setting out the facts as to unknown address or whereabouts of the non-resident. Thereupon, service of the notice as provided for by law against non-resident defendants, may be had. An attorney ad !item shall be appointed to notify the defendant by certified letter, addressed to his last known place of residence, if it can be found.

  1. The amount of the lien may be determined at a public hearing before the City Council held after thirty days' written notice by mail, return receipt requested to the owner of the property if the name and whereabouts of the owner is known, and to the lienholders of record. If the name of the owner or the whereabouts of the owner cannot be determined. then the amount will  be determined only after newspaper publication, asrequiredbyOf noticeof thepublichearingonce a weekforfour (4) consecutive

weeks. The determination of the City Council is subject to appeal to the Circuit Court

within the time specified by law.  The amount so determined at the hearing.  plus  ten  percent  (10%)  penalty  for  collection  in accordance with A.C.A.   l4-54-904 ( a)(2)(A). may  he  certified  by  the  City  Council  by  resolution  of  the  tax  collector  of  the  county in which the property is located, to be placed on the tax books as delinquent taxes, and collected  accordingly.  The amount less three percent (3) thereof,   when so collected

 
   

 

 
   


shall be  paid  to  the  City  by  the County Tax Collector.  In the alternative,  the lien provided for pursuant to this Ordinance and state law may be enforced in Circuit Court at any time within ten (10) years after lien has been filed.  A.C.A. 14-54-904(a)


G. AII owners of real property and others having a possessory interest in real property such as renters.                                                                                                                                                                                                                                                                           Leasehold tenants. or lienholders shall clean up and maintain  their property  so as to provide a clear line                                            line of sight for operators of vehicles at least 250 feet (as measured from  the centerline of the road at                              the elongated apex of the intersection) at  the intersection of two or more streets/roads.

H. Operators of motor vehicles and vehicles (as defined by A.C.A § 27-49-2 I 9) shall not park, abandon or leave such so as to block or obstruct a street. Sidewalk, public trail or other passageway used by the public.

  1. 5.4.2Definitions

Extraordinary materials -hazardous wastes. body wastes, dead animals,  abandoned vehicles,  vehicle  parts,  large  equipment  and  parts thereof.

Garbage the same as and be defined as solid  waste.

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.

Motor vehicle - State law reference  A.C.A. § 27-49-2 l 9(b ).

Rubbish or yard trash - the same as and  be defined as solid   waste.

Sidewalks - passageways adjacent to/along streets designed or built for foot traffic including but not limited to trails.

Signs - includes but not limited to street signs, traffic signs, traffic control devices of all types and permitted signs.

Solid waste - shall mean all putrescible and non-putrescible, waste in solid or semi-solid form. including, but not limited to. garbage. rubbish, ashes or incinerator residue, or street refuse. but excluding "extraordinary materials" and "hazardous   materials...

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

Trash - the same as and be defined as solid  waste.

  1. 5.4.3Citations

In addition to any lien provided for in 5.04.01. a violation of  this Ordinance  by  a property owner and. or person holding a possessory interest  in  the  property.  such  as  a  leasehold tenant and/or a lienholders. after that person entity has received two ( 2) warnings oral or written.

 
   


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

·-

in any twelve ( 12) month period, may be issued a citation to appear in the Johnson Department of the District Court and upon a conviction, plea of guilty or nolo contendere, such is punishable by a fine of not less than fifty dollars (50.00), nor more than five hundred dollars (500.00), and double that amount for a repeated and willful violation of the same ordinance; and/or fine of not less than twenty-five dollars (25.00) nor more than two hundred fifty dollars ($250.00) for each day of continuance.

  1. Abandoned or Inoperative MotorVehicles

  1. It is unlawful for any person to in any way abandon a motor vehicle or leave an inoperative motor vehicle on any public street or in any public place for a period of more than forty-eight (48)hours.

  1. It is unlawful to have/leave any abandoned, unlicensed, inoperative, or unsightly motor vehicle, as defined in 5.04.01 exposed to public view on any private  premises  for  a period  of more  than  fifteen (15)

  1. Any motor vehicle left abandoned,  unlicensed, and/or unattended  in violation of (A)or

(B) above, shall be towed away and stored at the expense of the owner of the motor vehicle. The owner or occupier of real property upon which any motor vehicle is left exposed to public view in violation of (B) above, shall be charged with such violation and punished according to 5.04.03.

  1. The responsibility for enforcement of this article shall be with the Johnson Police Department, Code Enforcement Officer, or Building Inspector which shall make investigations, serve notice, issue citations, arrange for towing and storage, and disposalofmotorvehicles andperformsuchotherdutiesasarenecessaryorincidental thereto."

Section 4:        In all other respects, Title 5 is not amended or modified and is hereby ratified and confirmed.

PASSED AND APPROVED this 11 day of  October       , 2016.

 
   

ATTEST:

Tuesday, 25 October 2016 15:50

Ordinance 2016-25

ORDINANCE NO. 2016-25

AN ORDINANCE AMENDING TITLE 7 OF THE JOHNSON MUNICIPAL CODE BY AMENDING THE CHAPTER LISTING UNDER TITLE 7 AND  BY ADDING CHAPTER 7.18 TO PROVIDE A PERMIT PROCESS FOR DISPOSAL OF LARGER QUANTITIES OF NATURAL VEGETATION BY CITIZENS  OF JOHNSON

WHEREAS, residents and owners of property within the City from time to time have accumulations of natural vegetation which needs to be removed from their property in the interest of good health and safety;

WHEREAS, the City has traditionally provided an area where those larger accumulations of natural vegetation could be disposed of within the City in order to promote the good health and safety of City inhabitants;

WHEREAS, the unattended access to an area of the disposal of accumulations of natural vegetation has resulted in illegal dumping of non-natural vegetation items and illegal burning of the items dumped in that area; and,

WHEREAS, issuing permits for access to the area designated for disposal of natural vegetation only when a City employee is present to insure compliance with the limitations regarding what may be disposed of, to insure that only residents and property owners of the City are allowed to use the site and to insure that burning only occurs when it is safe to do so, and sale of the permits is necessary to provide for recovery of the cost of the program from those who utilize the program.

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

Section 1:        That Title 7, PUBLIC  PEACE,  SAFETY  AND MORALS, the Chapter listing is hereby amended to read as follows:

Chapters:


"TITLE 7

PUBLIC PEACE,  SAFETY  AND MORALS


7.04     State Criminal Statutes and Penalties

7.08     Curfew

7.12     Posting of Ordinances

7.16     Open Burning

7.18     CityBumPit

7.20     Telecommunication Interference

7.24     Hot Checks

7.28     Fireworks

7.32     Sexually Oriented Businesses

7.36     Firearms"

Section 2:        Title 7 of the Johnson Municipal Code is hereby amended by  the addition of Chapter 7.18 City Bum Pit as follows:

Sections:

"CHAPTER 7.18 CITY  BURN PIT

                       7.18.01    Designated Area

718.02     Restricted Access

  1. Disposal ofNaturalVegetation
  2. PermitRequired
    1. Available  Times,Generally

7.18.10  Prohibited Conduct/Penalty

        18.1DesignatedArea:

The City shall endeavor to maintain an area within  the City,  if possible,  where  residents and owners of property within the City may dispose of natural vegetation from within  the City which by reason of accumulation  exceeds  the amounts which may be burned  within  the City pursuant  to Chapter 7.16.

  1. 18.2Restricted Access:

When available the designated area shall be arranged so that access thereto shall be prevented except when specifically allowed and when attended by one or more City employees/officials to insure compliance with the terms of this Chapter.

              18.3Disposal  of NaturalVegetation:

Only natural vegetation, which originated from within the City, may be disposed of at the designated area mentioned at 7.18.01; natural vegetation is defined as brush,  limbs,  grass and weeds only and no processed  wood or wood   products.

 1.  18.4Permit Required:

In order to dispose of accumulations of natural vegetation a resident or owner of property within the City shall be required to purchase and present to the attendant at the designated area at the time of disposal a permit issued by the City for such disposal.The permit shall either be a one-time permit (which allows one disposal of no more than a pick-up load of natural vegetation) or a seasonal permit (which is good for disposal of natural vegetation for periods up to one year). The fees for each type of permit shall be determined by the City Council, from time to time, and set at rates sufficient to recover for the City the expense of operating the City Bum Pit as set out in this Chapter.

              However, at any time, due to accumulations of natural vegetation already at the designated area, access                              limitations to the designated area, bum bans and other unforeseen reasons, one-time permit holders and                          seasonal permit holders may be limited as to amounts of natural vegetation which can be disposed of at the                                      designated area. A one-time permit shall not be sold if, at the time of the requested sale, the City Bum Pit                         cannot accept the then contemplated disposal.

  1. 18.5Available Times,Generally:

Subject to exigent circumstances, holidays, adverse weather conditions and lack of permit holders, the designated area shall be open to receive disposal of natural vegetation and an attendant present from 8:00 AM until 11:00 AM on each Friday. The City website and/or bulletin boards in the Public Places designated by Chapter 7.12 may be consulted to determine the designated area site (location and directions) as well as deviations from the above-stated hours of operation.

7.18.10 Prohibited Conduct/Penalty:

 A. The failure of any person/entity to comply with the requirements of this Chapter is declared an unlawful act and declared to be a misdemeanor and upon conviction the violation shall be punishable according to the provisions as set forth below,in addition to any remedies which may be available under state law.

      A. Except as otherwise posted,a person convicted of a violation of this ordinance          shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or double such sum for each repetition thereof.

     A. If the violation of this ordinance is also a felony or misdemeanor under state law, the penalty for the violation of this Ordinance shall be as prescribed by state law for the statedoffense."

       PASSED AND APPROVED this // day of   , 2016.

ATTEST:

Tuesday, 25 October 2016 15:49

Ordinance 2016-24

ORDINANCE NO. 2016-24

 MUNICIPAL CODE BY REPEALING CHAPTER 7.16 AND ADOPTING A NEW CHAPTER 7.16; DECLARING AN EMERGENCY TO EXIST; AND FOR OTHER PURPOSES

WHEREAS, Chapter 7.16 of the Johnson Municipal Code was written and adopted prior to the adoption of an Arkansas State Fire Code, specifically Section 307 thereof;

WHEREAS, the Johnson Area Volunteer Fire Department has recommended some refinements to the language in the current Chapter 7.16; and,

WHEREAS, the new Chapter 7.16 has been recommended for replacement of the current Chapter 7.16 by the Johnson Area Volunteer Fire Department.

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

Section 1:        Title 7, Chapter 7.16 of the Johnson Municipal Code is hereby repealed in its entirety and the following is hereby adopted as the new Chapter 7.16:

"CHAPTER 7.16 OPEN BURNING

Sections:

  1. AdoptionofPortionsofSection307,2012InternationalFire Code®/Arkansas2012
    1. Permitted  OpenBurning
  2. 16.3ProhibitedConduct/Penalty

  1. Adoption of Portions of Section 307, 2012 International Fire Code®/Arkansas 2012 Section 307, except for subsections 307.2 and 307.2.1, of the 2012 International Fire Code®/Arkansas 2012, as attached hereto at Exhibit A, is hereby adopted as fully as if set forth herein word for word,and shall been force able as apart of this Chapter.

Rules:    In conjunction  with  the 2012  International  Fire  Code®/Arkansas2012,the following  rules must be followed when burning outdoors inside the City:

  1. A permit is required for all controlled burns. Permits may be obtained at the Johnson Area Volunteer Fire Department during normal business hours and notification made as to the location of the fire and the person responsible for the fire. A fire may not be ignited before obtaining apermit.

  1. Unless specifically permitted otherwise by the Johnson Area Volunteer  Fire  Department , fires shall be small (3 feet or less in diameter and 2 feet or less in height)  and fifty (50) feet or more from any building. Any variance from this subsection  must  be approved  by the FireMarshall.

  1. A fire must be attended by a competent adult at all times, which means a fire may not be so large in size to exceed the amount of locations for those attending the fire to properly manage and control it.

        A. Fire control equipment must be available , for example, a garden hose, a fire                         extinguisher,

  1. Only natural vegetation (brush, limbs , grass or weeds) may be burned, no processed wood or products.Burning of plastics,rubber,shingles,tires or any construction materials,

  1. The fire must  be extinguished  (completely  extinguished)  by dark.

  1. Gasoline or any other accelerant  may not  be used to start a  fire.

  1. These rules are in addition to those set out in the state 2012 International Fire Code®/Arkansas 2012. The Fire Department may require extinguishment of the fireif a complaint is received by the Department, such as smoke blowing towards or into a person'shome.

  1. Prohibited Conduct/Pena!!Y

  1. The failure of any person/entity to comply with the requirements of this chapter is declared an unlawful act and declared to be a misdemeanor and upon conviction the violation shal lbe punishable according to the provisions as set forth below,in addition to any remedies which may be  available under state law.
  1. Except as otherwise posted,a person convicted of a violation of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or double such sum for each repetition thereof. If the violation is , in its nature, continuous in respect to time , the penalty for allowing the continuance thereof is a fine not to exceed Two Hundred Fifty Dollars($250.00)for each day that the violation is unlawfully continued.


  1. Violations of this ordinance that are continuous with respect to time, are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
  1. If the violation of this ordinance is also a felony or misdemeanor under state law, the penalty for the violation shall be as prescribed by state law forthestated offense."

          Section 2: Emergency Declared. The City Council for the City of Johnson, Arkansas hereby finds that unregulated open burning is extremely hazardous to the health and welfare of the public and their property within the City of Johnson; in order to maintain the highest level of safety for our residents and their property it is necessary to update the applicable fire code and additional prohibitions of the new Chapter 7.16; that an emergency exists and this Ordinance, being necessary for the preservation of public health, safety, and welfare in the City of Johnson shall be in full force and effect immediately upon its passage, approval, and publication.

PASSED AND APPROVED this JDl:_day of                      , 2016.

ayor

 
   


ATTEST:

Tuesday, 25 October 2016 15:48

Ordinance 2016-23

ORDINANCE NO 2016-23

AN ORDINANCE AMENDING CHAPTER 2.48 PERSONNEL POLICY, TITLE 2 OF THE JOHNSON MUNICIPAL CODE AND ADOPTING AN AMENDMENT TO THE CITY OF JOHNSON PERSONNEL HANDBOOK OF 2016, DECLARING AN EMERGENCY TO EXIST AND OTHER MATTERS RELATED  THERETO

WHEREAS, the Johnson Personnel Committee currently consists of Dan Cross, Hunter Haynes and Jennifer Allen.

WHEREAS, the Johnson Personnel Committee has met via email concerning a proposed amendment to the City of Johnson Personnel Handbook of 2016 which Handbook was adopted by Ordinance No. 2016-06 on February 9, 2016.

WHEREAS, the proposed Amendment is necessary to prevent confusion concerning holiday pay.

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

Section 1:      That  the  City  of  Johnson  Personnel  Policy  of  2016,  specifically the first sentence on Page 31 is hereby amended to read as follows: "Non uniform employees will not earn holiday pay during their first ninety (90) days of employment."

Section 2:

In all other respects the City of Johnson Personnel Policy of 2016 is ratified and confirmed.

Section 3: In order to avoid confusion among City employees which could  negatively  affect morale and job performance, the Council believes that to protect the safety, health and welfare of the citizens it is necessary to hereby declare an emergency. Therefore, this Ordinance shall become effective immediately upon its passage, approval and publication.

PASSED AND APPROVED  this  11 day of October , 2016.

Tuesday, 25 October 2016 15:47

Ordinance 2016-19