city of johnson arkansas logo
Michelle Horne

Michelle Horne

Monday, 05 November 2018 14:26

October 4, 2018

City of Johnson

Planning Commission Meeting at City Hall

October 4th, 2018

 

Commissioners Present: Dan Cross, Katherine Hudson, Todd Wood, Shane Bronson

Also in attendance:   Building Official Clay Wilson, Sarah Guertz – EDA, Juliet Richey – Garver

No Secretary or Recorder Present – Chairman Dan Cross volunteered to capture the minutes for this meeting.

Chairman Dan Cross called the meeting to order at 6:00PM

Approval of September 6 2018 PC minutes. No minutes presented – this item was tabled to be reviewed at the November meeting.

Old Business: Review New zoning code – consultant fee proposal

            It was reported that the consultants met with Mayor Keeney, Gregg Gainer and Clay Willson on September 18th to review the details of the proposal. The consultants amended the proposal to show additional detail under each section for better clarity of the associated costs. The consensus of that meeting was that the Mayor and the sub-committee were comfortable with the proposal and that it had the required detail to recommend it to the City Council for budgeting purposes. This will need to be a new budget line item – not covered under existing funds allocated to the Planning Commission.

            The amended proposal was shared electronically with the planning commissioners and there was a hard copy made available for review during the meeting.

            Todd Wood made a resolution to support the consultant fee proposal as submitted to City Council for budget approval.

Motion: Todd Wood

Second: Shane Bronson

Yes Votes: Unanimous

Resolution Approved

Motion to adjourn – Shane Bronson

Seconded by Todd Wood

Unanimous Yes

Adjourned at 6:10PM.

Dan Cross voted on all items – required to attain minimum quorum.

Respectfully submitted

Dan Cross, temporary secretary

Monday, 05 November 2018 14:19

September 6, 2018

PLANNING COMMISSION MEETING
CITY OF JOHNSON
September 6, 2018

 

PUBLIC HEARING IS CALLED TO ORDER by Dan Cross: 6:00 pm

Present: Shane Bronson, Todd Wood, Katherine Hudson, Dan Cross, Richard Cromwell, and Gregg Gainer. Also present, Clay Wilson-City of Johnson Building Official, James Geurtz-Earth plan Development Alternatives (EDA), Consultants Juliet Richey-Garver Engineering, Sarah Geurtz-EDA, 5 Guests and ESI Engineering representing Bayyari Construction.

Petition 2018-22: Requesting a Large-Scale Development on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murry of ESI, engineer for owner Bayyari Construction, Inc.

Public comment for Petition 2018-22:

Chairman Cross asked for public comments.

Questions and discussion ensued about privacy fence and trees between residential east property lines and proposed development. Further discussion regarding the removal of trees due to construction of nearby road. Traffic count for Main street was also discussed.                                                                       

PUBLIC HEARING IS CLOSED: 6:15 pm 

 

PLANNING COMMISSION MEETING CALLED TO ORDER BY Dan Cross: 6:15 PM

Chairman Cross amended the agenda for the addition of zoning sub-committee update.

Approval of August 15, 2018 Planning Commission Minutes

A motion was made by Todd Wood to approve the minutes. 2nd was made by Katherine Hudson. All approved.

 

New Business:

No new business due to the postponement of petition 2018-21 and petition 2018-22 to September 5, 2018.

Petition 2018-22: Requesting a Property Line Adjustment on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murry of ESI, engineer for owner Bayyari Construction, Inc.

Discussion: None

A motion to approve Petition 2018-22 was made by Richard Cromwell. A second motion was made by Shane Bronson.

Petition 2018-22: Requesting a Large-Scale Development on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murry of ESI, engineer for owner Bayyari Construction, Inc.

Discussion: Safety of ingress and egress of development was discussed as well as overall street view of development.

A motion to approve Petition 2018-22 with the condition that monies for street improvements for proposed development be placed paid to the City of Johnson as “Paid in Lue of” to such time The City of Johnson makes street improvements along the corridor of Main Street, and the conditions set forth by The Fire Marshall of the city of Johnson be meet. This motion was made by Katherine Hudson. A second motion was made by Richard Cromwell.

 

Old Business:

Update from Zoning Revision Committee:

Commissioner Gainer requested explanation of proposed bid for the implementation of proposed new zoning from special consultants to the sub-committee.

After discussion, Commissioner Gainer asked for an itemized statement bid from the consultants and a meeting with the Mayor to review the revised bid with the consultants.

MOTION TO ADJOURN PLANNING COMMISSION MEETING:

A motion to adjourn Planning Commission meeting was made by Shane Bronson, 2nd Katherine Hudson . All approved. Adjourned at 7:21 pm.

Monday, 05 November 2018 14:12

August 15, 2018

PLANNING COMMISSION MEETING

CITY OF JOHNSON

August 15, 2018

 

PUBLIC HEARING IS CALLED TO ORDER by Dan Cross: 6:00 pm

Present: Todd Wood, Katherine Hudson, Dan Cross, Richard Cromwell, and Gregg Gainer. Also present, Clay Wilson City of Johnson Building Official, James Geurtz-Earth plan Development Alternatives (EDA), and 11 Guests.

Petition 2018-22: Requesting a Large-Scale Development on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murry of ESI, engineer for owner Bayyari Construction, Inc.

Public comment for Petition 2018-22:
Chairman Cross asked for public comments. A guest mentioned the public notice received for the public hearing on Petition 2018-22 had the incorrect date. Chairman Cross asked if any other guest received a notice with an incorrect date. The response from the guests were some had a notice with the wrong date while some had duplicate notices, and some never received notice of public meeting.
Since all neighboring property owners within the designated perimeter of subject property for petition 2018-22 were not properly notified, it was agreed on petition 2018-22 would be resubmitted for September 6, 2018 planning commission meeting.

A request to hear the presentation for petition 2018-22 was made from a public guest due to the distance traveled to be at the meeting.

PUBLIC HEARING IS CLOSED: 6:44 pm

PLANNING COMMISSION MEETING CALLED TO ORDER BY Dan Cross: 6:44 PM

Chairman Cross amended the agenda for the addition of zoning committee update.

Approval of July 5, 2018 Planning Commission Minutes
A motion was made by Richard Cromwell to approve the minutes. 2nd was made by Katherine Hudson. All approved.

New Business:
No new business due to the postponement of petition 2018-21 and petition 2018-22 to September 5, 2018.

Old Business:

Update from Zoning Revision Committee:
Commissioner Gainer gave an update on the status of zoning document revision:
• A copy of the revised zoning document was given to Northwest Planning Commission to review.
• Meetings with project consultants Sarah Geurtz, EDA and Juliet Richey, Garver Engineering occurred with Mayor Keeney and Northwest Arkansas Planning Commission.
• Currently planning to conduct public Town Hall meetings for early to mid-October for public feedback.
• Current project status plan is to deliver final draft copy to planning commission and hold public meeting on November 1, 2018 Planning Commission meeting.

He also commented on the scope of work regarding the implementation of the proposed zoning document. Recommendation was made to retain legal counsel to assist in the drafting and revision of city code changes as needed, and to advise regarding potential liability issues that may arise in changing city code and due process issues that may arise. It is the recommendation of the zoning committee to hire Harrington Miller law firm since they have assisted the city of Johnson in similar matters.

Chairman Cross asked for a motion to request from City Counsel the retainment of legal counsel for the implementation of proposed zoning document, if passed by the planning commission and approved by the City Counsel.
Commissioner Hudson made such motion. Richard Cromwell made a 2nd motion. All approved.

MOTION TO ADJOURN PLANNING COMMISSION MEETING:

A motion to adjourn Planning Commission meeting was made by Richard Cromwell, 2nd Todd Wood. All approved. Adjourned at 6:59 pm.

 

 

Monday, 22 October 2018 18:12

ORDINANCE 2018-12

ORDINANCE NO. 2018-12


AN ORDINANCE VACATING A COMBINED
DRAINAGE/UTILITY EASEMENT ACROSS LOTS 18 & 19,
OF PHASE 1, CLEAR CREEK SUBDIVISION, (5734 AND
5756 DORNOCH DRIVE) AND FOR OTHER PURPOSES.

WHEREAS, there exists special circumstances relative to Lots 18 and 19, Phase 1, Clear Creek Subdivision, regarding limitations on construction of improvements as a result of an existing drainage/utility easement.
WHEREAS, all utility providers operating in the area of Lot 18 & 19, Phase 1, have signed off on an Easement Vacation Plat and said Plat has been filed with the City.
WHEREAS, EDA acting as Engineer for the City has approved the vacation of the combined drainage/utility easement and is satisfied that a 100 year storm event will be contained within other existing drainage easements.
WHEREAS, the Johnson Planning Commission approved Petition 2018-23 on July 5, 2018 and recommends passage of this Ordinance to the Council.

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

Section 1: That the drainage/utility easement across Lots 18 & 19, Phase I, Clear Creek Subdivision to the City of Johnson, AR, as described on Exhibit A hereto, having not been utilized for a period in excess of five (5) years is not required for utility purposes nor corporation (City) purposes at this time or in the foreseeable future and other existing drainage structures are adequate to contain expected flows.

Section 2: That Steve Timmerman and Michelle Timmerman are the owners of Lots I 8 & 19 and the drainage/utility Casement as is described on Exhibit A is hereby vacated in favor of said owners, one-half to each lot.

Section 3: All other easements which constitute a burden on Lots 18 & 19. Phase 1, of Clear Creek Subdivision are confirmed and continue as a burden on said Lots 18 & 19, Phase 1.

PASSED AND APPROVED this 9th day of October, 2018

* Please see attachment for complete document

Monday, 22 October 2018 16:34

November 1, 2018

 

AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING

NOVEMBER 1, 2018 – 6:00 PM

 

 

PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of September 6, 2018 Planning Commission Meeting minutes

Approval of October 4, 2018 Planning Commission Meeting minutes

Old Business:

None

New Business:

PETITION 2018-25: Request for a Property Line Adjustment for property located at 3000/3015 Devotion Circle. Requested by Bates & Associates for Sequoya Homes, LLC, owner.

PETITION 2018-26: Request for a Property Line Adjustment for property located at 4042/4054 Legacy Drive. Requested by Bates & Associates for Tom Williams, owner.

MOTION TO ADJOURN PLANNING COMMISSION MEETING

 

Monday, 22 October 2018 13:45

RESOLUTION 2018-17

RESOLUTION NO. 2018-17

A RESOLUTION AUTHORIZING CERTAIN CITY
OFFICIALS TO EXECUTE CHECKS AND DRAFTS ON
SPECIFIED ACCOUNTS 0F THE CITY OF JOHNSON AND
THE JOHNSON POLICE DEPARTMENT

 

WHEREAS, there are numerous accounts holding funds of the City of Johnson, Arkansas;
WHEREAS, there is more than one account holding funds of the Police Department of the City of Johnson, Arkansas;
WHEREAS, the financial institutions which maintain these accounts require clear direction as to authorized signatures for transactions on these accounts; and.
WHEREAS, State or Federal regulations prescribe which officials may be authorized to transact business on some of these accounts.

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

SECTlON 1: With respect to the account of the police Department of the city of Johnson. Arkansas, which is designated as the Drug Fund account, any two of the following three named officials may and hereby are authorized to execute checks and drafts in the name of the Police Department of the City of Johnson, Arkansas, Lo-wit:

Mayor - Chris Keeney
Police Chief - Wayne Woods
Recorder/Treasurer - Jennifer Allen

SECTlON 2: That with respect to the accounts of the police Department of the city or Johnson, Arkansas, which are designated as the Washing(on County District Court, Johnson Department Court Fund and the Court Automation Fund, any two of the following four named officials may and hereby are authorized to execute checks and drafts in the name or the Johnson Police Department, to-wit:

Police Chief -Wayne Woods
Clerk- Rachel Guenther
Mayor -Chris Keeney
Recorder-Treasurer -Jennifer Allen

SECTlON 3: With respect to the accounts of the city of Johnson. Arkansas, which are designated as the General Fund, the Street Fund, Act 1256 City Administration of Justice Fund and the Police Retirement Fund (LOPFI), any two of the following three named officials may and hereby are authorized to execute checks and drafts in the name of the City of Johnson, Arkansas, to-wit:

Mayor- Chris Keeney
Recorder/Treasurer -Jennifer Allen
Council Member - Bob Fant

SECTlON 4: With respect to the account of the City of Johnson, Arkansas, which is designated as Act 988 funds, any two of the following three named officials may and hereby are authorized to execute checks and drafts in the name of the City of Johnson, Arkansas, to-wit:


Mayor - Chris Keeney
Chief - Wayne Woods
Recorder/Treasurer -Jennifer Allen

SECTION 5: These authorizations are effective November I. 2018, and shall continue in full force and effect until a new Resolution is passed by the City Council of Johnson. Arkansas; all persons listed above are so authorized as a result of their representative capacity with the Cjty of Johnson. Arkansas, and their authority shall cease and terminate in the event that their representative capacity (as indicated) shall end, lapse or  terminate for any reason. This Resolution revokes and replaces Resolution 2014-11 passed on or about December 9, 2014, and any other prior resolutions. The disqualification of one or more or such Representatives shall not affect the authority hereby otherwise granted.

PASSED AND APPROVED this 9th day of October, 2018


ATTEST:

 

A RESOLUTION AUTHORIZING CERTAIN CITY

OFFICIALS TO EXECUTE CHECKS AND DRAFTS ON

SPECIFIED ACCOUNTS 0F THE CITY OF JOHNSON AND

THE JOHNSON POLICE DEPARTMENT

WHEREAS, there are numerous accounts holding funds of the City of Johnson, Arkansas;

WHEREAS, there is more than one account holding funds of the Police Department of the

City of Johnson, Arkansas;

WHEREAS, the financial institutions which maintain these accounts require clear direction

as to authorized signatures for transactions on these accounts; and.

WHEREAS, State or Federal regulations prescribe which officials may be authorized to

transact business on some of these accounts.

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

JOHNSON, ARKANSAS, that:

SECTlON 1 : With respect to the account of the police Department of the city of Johnson.

Arkansas, which is designated as the Drug Fund account, any two of the following three named

officials may and hereby are authorized to execute checks and drafts in the name of the Police

Department of the City of Johnson, Arkansas, Lo-wit:

            Mayor - Chris Keeney

            Police Chief - Wayne Woods

            Recorder/Treasurer - Jennifer Allen

SECTlON 2: That with respect to the accounts of the police Department of the city or

Johnson, Arkansas, which are designated as the Washing(on County District Court, Johnson

Department Court Fund and the Court Automation Fund, any two of the following four named

 

Wednesday, 03 October 2018 13:28

October 4, 2018

 

AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING

OCTOBER 4, 2018 – 6:00 PM

 

 

PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of September 6, 2018 Planning Commission Meeting minutes

Old Business:

Review New Zoning Code – Consultant Fee Proposal

 New Business:

None

 MOTION TO ADJOURN PLANNING COMMISSION MEETING

 

Wednesday, 03 October 2018 13:25

September 6, 2018

AGENDA FOR:

PUBLIC HEARING AND

JOHNSON PLANNING COMMISSION MEETING

SEPTEMBER 6, 2018 – 6:00 PM

 

PLANNING COMMISSION PUBLIC HEARING IS CALLED TO ORDER

Comment from the Public is requested regarding the following petitions:

Petition 2018-022: Requesting a Large Scale Development on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murray of ESI, engineer for owner Bayyari Construction, Inc.

PUBLIC HEARING IS CLOSED

PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of August 15, 2018 Planning Commission Meeting minutes

Old Business:

None

New Business:

Petition 2018-21: Requesting a Property Line Adjustment on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murray of ESI, engineer for owner Bayyari Construction, Inc.

Petition 2018-022: Requesting a Large Scale Development on property located on the north side of Main Drive, approximately 0.5 miles from the intersection of Main Drive and Thompson Street. Requested by Blake Murray of ESI, engineer for owner Bayyari Construction, Inc.

MOTION TO ADJOURN PLANNING COMMISSION MEETING

Friday, 21 September 2018 13:53

AUGUST 14, 2018

JOHNSON CITY COUNCIL

MEETING MINUTES

CITY HALL

AUGUST 14, 2018

 

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

Present were Council Members Angela Perea, Katherine Hudson, Bill Burnett, John Wright, Bob Fant and Dan Cross. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police Chief Vernon Sisemore, Fire Chief Matt Mills, and Building Official Clay Wilson.

Mayor Keeney asked for a motion to approve the minutes of the July 10, 2018 council meeting. Bob Fant 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 23 new cases were opened and 15 were closed. Chief Sisemore stated Officer McCollough has resigned and there are 2 new officers being hired in the next 2 weeks.

Fire Chief Matt Mills stated there were 36 calls for service. Mills stated Roy Edwards has completed Inspector 1 and 2 training. The Department held a pancake breakfast on August 11, 2018 and made approximately $700, thanks to donations of gift cards from Wal-Mart and Sam’s Club. The Department is having engine maintenance issues; the equipment is 25+ years old and we need to look at replacement. Mayor Keeney stated the not to exceed date for the fire truck being repaired in Missouri is Friday, but they will exceed that date.

Mayor Keeney said the rain hasn’t stopped but the Public Works Department has mowed and cleaned out the ditches along Main Drive and Hewitt Street that weren’t contracted. Diamond C is waiting for permits from ADEQ to get started on cleaning out the creek beds.

Building Official/Maintenance Specialist Clay Wilson stated there were no new building permits, 7 mechanical permits issued. Wilson stated he attended a pre-construction meeting with KFSM and they should be ready to go soon. Wilson said he did MS4 inspections after the rain and attended the TPR meeting and Planning Commission meeting along with numerous other meetings with the City Engineer. The final Plat for Johnson Square Phase 1A is making the rounds getting signatures and the RMP building is on schedule for September completion.

Recorder/Treasurer Jennifer Allen stated that State Turnback and Property Taxes have been received; Sales Taxes have not. SITT taxes of $43,439.67 were received last month by LOPFI and we will ride that credit out for as long as we can and then take over payment again. Historically, the credit has paid for up to 4 months of the City’s contribution towards the officers’ retirement. The City currently pays 23% of each officer’s salary per month in retirement benefits to the program. All the incumbent candidates up for re-election this year have filed their paperwork with the County. Election form filing for the fall 2018 Election closes August 17, 2018 at noon.

City Attorney Danny Wright stated he has been working on an ordinance for the utility easement in Johnson Square and worked with Hawkins-Weir on their contract for the job approved last month. Wright stated he would put together the ordinance for September or October to start the Fire Department transfer. The chief will be on board and the department will be created effective November 1, 2018; transfer assets effective December 31, 2018 and have the department up and running on January 1, 2019. Matt Mills will be appointed chief in the ordinance and current personnel will be moved over to the City.

Mayor Keeney stated the City of Johnson was voted the 14th safest city in Arkansas by Crimewise, a national organization.

Mayor Keeney stated he and City attorney Danny Wright looked over the contract provided by Hawkins-Weir which was not in the City’s interest. He said the contract will be reworked for next month.

Mayor Keeney stated the Council Members have all received a job description for a city planner with a salary range of $45,000 - $55,000 per year. Mayor Keeney asked for a motion to approve the position which was made by Bob Fant and seconded by Dan Cross. All approved.

Unfinished Business: NONE

 New Business:

RESOLUTION 2018-11: A RESOLUTION AUTHORIZING EXECUTION OF ENGAGEMENT LETTER WITH THRASH LAW FIRM P.A. AND OTHERS TO FILE A MOTION TO INTERVENE IN A LAWSUIT AGAINST ONLINE TRAVEL COMPANIES FOR GROSS RECEIPT TAXES OWED THE CITY OF JOHNSON. After discussion, Dan Cross made a motion to approve and Katherine Hudson seconded. All approved.

RESOLUTION 2018-12: A RESOLUTION APPROVING A CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF JOHNSON. John Wright made a motion to approve and Bob Fant seconded. All approved.

RESOLUTION 2018-13 A RESOLUTION TO AUTHORIZE ACCEPTANCE AND APPROVAL OF LETTER CONTRACT WITH GARVER, LLC FOR ON-CALL PLANNING SERVICES. Mayor Keeney stated Juliet Richey has gone to work for Garver and this allows us to still use her services. John Wright made a motion to approve and Katherine Hudson seconded. All approved.

Mayor Keeney presented ORDINANCE 2018-10: AN ORDINANCE VACATING A UTILITY EASEMENT LOCATED ACROSS PART OF LOTS 73 AND 74, CLEAR CREEK SUBDIVISION, PHASE 3 AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read Ordinance 2018-10 by title only, waiving the second and third readings. Motion was made by Bob Fant and seconded by John Wright. Roll call: Angela Perea, yes; Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Bob Fant, yes; Dan Cross, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-10 by title only. Motion was made by Bob Fant and seconded by Katherine Hudson. Roll call: Angela Perea, yes; Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Bob Fant, yes; Dan Cross, yes. ORDINANCE 2018-10 was approved.

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

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Dan Cross. All approved. The meeting was adjourned at 6:37 pm.

Respectfully Submitted,

Friday, 21 September 2018 13:38

ORDINANCE 2018-11

ORDINANCE NO. 2018-11

AN ORDINANCE CREATING A JOHNSON FIRE
DEPARTMENT AS A DEPARTMENT OF THE CITY,
CREATING THE DEPARTMENT HEAD POSITION OF FIRE
CHIEF AND SETTING FORTH THE DUTIES THEREOF IN
ORDER TO PROVIDE FIRE SERVICE TO THE CITY OF
JOHNSON ON JANUARY 1, 2019, AND THEREAFTER

 

WHEREAS, The City of Johnson has for many years contracted with the Johnson Area Volunteer Fire Department, Inc. (hereinafter JAVFD) to provide fire services to the residents of, visitors to and the City of Johnson;

WHEREAS, The JAVFD has received substantial sums from the City pursuant to those contracts, it has proven increasingly difficult to provide the level of service needed for the City with a largely volunteer organization;

WHEREAS, JAVFD Board of Directors has voted to dissolve their department effective 12-31-2018, and is planning to transfer all equipment and apparatus, along with the land and improvements to the City as a jumpstart for the Johnson Fire Department (JFD); and,

WHEREAS, there is significant work to be accomplished between November 1, and the operational date of January 1, 2019, the Council desires to evidence its support and commitment to the JFD by enacting this legislation now to facilitate planning and preparation for the new department of the City.

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

Section 1: The Johnson Fire Department is hereby created. Following the appointment of Fire Chief as hereinafter authorized and empowered, such Fire Chief shall coordinate with the officials of the Johnson Area Volunteer Fire Department, lnc. so as to have the Johnson Fire Department fully organized, staffed, trained and prepared to be fully operational to provide fire service by 00:00 on Tuesday, January 1, 2019.

Section 2: The separate office of chief of the Fire Department of the city is hereby created, effective November 1, 2018, to be filled in the manner hereinafter provided. The position of Fire Chief shall be either full or part time as provided by his/her appointment.

The Fire Chief shall:

1) Be administrative head of the department and promulgate such rules, regulations and procedures as may be necessary to ensure a modern and efficient fire department.

2) Be commander of the whole fire force, under the superintendence of the City Council.

3) Be the custodian of, and responsible for, all property of the fire department. Be the administrative head of the office of building inspections and promulgate such rules, regulations and procedures as may be necessary to ensure effective and efficient operations.

4) Be the chief fire code official responsible for updating the code as editions or revisions of relevant fire codes are made and published.

5) Make a monthly report to the City Council as to the number and type of incident responses and the staff hours spent attending incidents, vacation, comp time and training.

6) Be nominated by the Mayor and confirmed by the City Council

7) Either the Chief or his/her designee shall serve on the City of Johnson Personnel Committee to insure that all statutory provisions concerning fire department personnel are incorporated into future editions of the City of Johnson Personnel Handbook.

8) Perform such other duties as are assigned to him by the Mayor or City Council.

Section 3: The Mayor or Fire chief, with the confirmation of the council, may enter into mutual aid agreements with other municipalities, firms, corporations or individuals for the rendering of fire service. The Mayor or Fire Chief may, in discretion, aid in extinguishing fires in another city or town, public institution, corporation or other property within a reasonable distance from the city, or on property immediately adjacent to the city in which there is a possibility of the fire spreading within the corporate limits, under the following conditions:

(1) A request from a city or incorporated town for assistance must come only from the Mayor, Fire Chief or such other person as may be designated by mutual agreement.

(2) Calls may be responded to only by such apparatus which, in the judgment of the Mayor, Fire Chief or deputy fire chief, can be safely sent without unduly impairing fire protection within the City, and when highways and weather conditions are favorable.

Section 4: As used in this ordinance, the term "special services" shall mean that extraordinary work, labor or service which may be provided only by the fire department due to the specialized training and equipment of the fire department, which shall be available within the corporate limits of the City and the surrounding area to the degree the provision of such work, labor or service is reasonable and practicable in the judgment of the officials supervising the operation of the service. Special services shall include hazardous materials and technical rescue response and cleanup. The fire department may provide certain special services within and without the city at the discretion and supervision of the Mayor or Fire Chief. Fire department personnel and apparatus may be used to perform the special services.

The special services authorized by this ordinance shall be provided at the rates and charges as currently established or as hereafter adopted by resolution of the City Council from time to time, the recipient of the special services shall pay:

1) All replacement costs of expendable equipment and supplies which includes equipment damaged or made unusable by contamination.

2) The cost of any labor, materials or supplies provided by third parties at the request of the fire department and any other costs necessary to provide the special services. The Fire Chief or his designated representative shall collect charges due the City for the provision of special services, and the Fire Chief or his designated representative shall:

     1) Prepare and issue statements for charges to persons who are provided special services under this article.
     2) With Council approval, file suit to collect delinquent charges due within legally allowed time after the special service is provided.
     3) Maintain adequate records containing the date, cash collected, accounts receivable, unpaid charges, and such other information as may be required by officials of the city.

PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2018

ATTEST:

* PLEASE SEE ATTACHMENT FOR COMPLETE DOCUMENT

Page 7 of 34