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Michelle Horne

Michelle Horne

Wednesday, 12 May 2021 15:39

ORDINANCE 2021-5

ORDINANCE 2021-5

AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF JOHNSON, ARKANSAS ON THE QUESTION OF ISSUING BONDS UNDER AMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CAPITAL IMPROVEMENTS; LEVYING A NEW ONE PERCENT (1%) SALES AND USE TAX FOR THE PURPOSE OF RETIRING SUCH BONDS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.

                        WHEREAS, the City Council of the City of Johnson, Arkansas (the "City") has determined that the City is greatly in need of improvements to existing streets, including any curb, gutter and drainage improvements, utility adjustments and sidewalks related thereto (the "Street Improvements"); and

                        WHEREAS, the City Council proposes to finance all or a portion of the costs of the Street Improvements by the issuance of capital improvement bonds (the "Bonds") in the maximum aggregate principal amount of $7,300,000 under the authority of Amendment No. 62 to the Constitution of the State of Arkansas ("Amendment 62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Authorizing Legislation"); and

                        WHEREAS, the Authorizing Legislation provides for the levy of one or more city-wide sales and use taxes at the rate of 0.125%, 0.25%, 0.5%, 0.75% or 1% or any combination thereof, but not to exceed 1% in the aggregate; and

                        WHEREAS, the City does not currently levy a sales and use tax under the authority of the Authorizing Legislation; and

                        WHEREAS, the City can pay the principal of and interest on the Bonds from (a) the proceeds of a new city-wide one percent (1%) sales and use tax to be levied under the authority of the Authorizing Legislation solely for that purpose and (b) the proceeds of an existing city-wide one percent (1%) sales and use tax levied by Ordinance No. 2005-6, adopted on May 10, 2005 and approved at the special election held on July 12, 2005 (the "2005 Sales and Use Tax"); and

                        WHEREAS, the purpose of this Ordinance is to levy a sales and use tax at the rate of one percent (1%) on the receipts from the sales at retail within the City of all items which are subject to taxation under the Arkansas Gross Receipts Act of 1941, as amended (A.C.A. §§26-52-101, et seq.), and the receipts from storing, using, distributing or consuming within the City tangible personal property under the Arkansas Compensating Tax Act of 1949, as amended (A.C.A. §§26-53-101, et seq.) (collectively, the "2021 Sales and Use Tax") and to submit to the electors of the City the question of issuing the Bonds under Amendment 62 and the Authorizing Legislation at a special election to be called for that purpose;

                        NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Johnson, Arkansas:

                        Section 1.        Under the authority of the Authorizing Legislation, there is hereby levied the 2021 Sales and Use Tax. The 2021 Sales and Use Tax shall be levied, and the net collections received after deduction of the administrative charges of the State of Arkansas and required rebates shall be used solely for the purpose of retiring or paying obligations with respect to the Bonds. The 2021 Sales and Use Tax shall be levied and collected on the gross receipts, gross proceeds or sales price in the maximum amount allowed from time to time by Arkansas law, subject to rebates and limitations as from time to time required by Arkansas statutes for certain single transactions. The levy of the 2021 Sales and Use Tax shall not take effect until the issuance of the Bonds is approved by the voters as provided herein.

                        Section 2       There is hereby called a special election to be held on July 13, 2021, at which election there shall be submitted to the electors of the City, the question of issuing the Bonds under Amendment 62 and the Authorizing Legislation in the maximum aggregate principal amount of $7,300,000.

                        Section 3.        The question of issuing the Bonds shall be placed on the ballot for the election in substantially the following form:

STREET IMPROVEMENT BONDS

Bonds of the City of Johnson in the maximum aggregate principal amount of $7,300,000 to finance all or a portion of the costs of improvements to existing streets, including any curb, gutter and drainage improvements, utility adjustments and sidewalks related thereto and, in order to pay the bonds, (a) the levy and pledge of a new 1% local sales and use tax within the City and (b) the pledge of an existing 1% local sales and use tax levied within the City by Ordinance No. 2005-6, adopted on May 10, 2005.

If the bonds are approved, there will be levied within the City a new 1% local sales and use tax (the "Bond Tax"), the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates will be used solely to retire or pay obligations with respect to the bonds in accordance with Amendment No. 62 to the Arkansas Constitution. The Bond Tax will expire after the bonds have been paid or provision is made therefor in accordance with Arkansas statutes. In order to provide additional funds to pay or to further secure repayment of the bonds, the City will also pledge to the bonds the net collections of an existing 1% local sales and use tax levied by Ordinance No. 2005-6, adopted on May 10, 2005 (the "2005 Tax"). Any collections of the 2005 Tax not used for the payment of the bonds will be used by the City for other lawful purposes.

FOR...............................................................................................................................

AGAINST.....................................................................................................................

                        Section 4.        The election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections unless otherwise provided in the Authorizing Legislation and only qualified voters of the City shall have the right to vote at the election.

                        Section 5.        The results of the election shall be proclaimed by the Mayor, and the Proclamation shall be published one time in a newspaper having a general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of publication.

                        Section 6.        A copy of this Ordinance shall be (a) filed with the Washington County Clerk at least 60 days prior to the election date and (b) given to the Washington County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of this Ordinance shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical.

                        Section 7.        The Mayor and City Clerk-Treasurer, for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided and, if the issuance of the Bonds is approved by the electors, to cause the Sales and Use Tax to be collected in accordance with the Authorizing Legislation, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance.

                        Section 8.        If the Bonds are approved and issued, the City intends to negotiate with Stephens Inc., which has assisted the City in preparation of the Bond size and repayment structure, for the sale of the Bonds.

                        Section 9       The provisions of this Ordinance are separable and if a section, phrase or provision shall be declared invalid, such declaration shall not affect the validity of the remainder of the Ordinance.

                        Section 10.      All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

                        PASSED: _________________, 2021

APPROVED:

ATTEST:

                                                                                    ___________________________________

_______________________________                                                     Mayor

            City Clerk-Treasurer

(SEAL)

 

CERTIFICATE

                        The undersigned, City Clerk-Treasurer of Johnson, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance 2021-5 passed at a regular session of the City Council of Johnson, Arkansas, held at the regular meeting place of the City Council at 6 o'clock p.m., on the 11th day of May, 2021, and that the Ordinance is of record in Ordinance Record Book 2021, Page 5, now in my possession.

                        GIVEN under my hand and seal this _____ day of ____________, 2021.

                                                                                    ___________________________________

                                                                                                    City Clerk-Treasurer

(SEAL)

*Please see attachment for complete document

Wednesday, 12 May 2021 15:37

ORDINANCE 2021-4

ORDINANCE 2021-4 WAS PULLED FROM MAY AGENDA BY MAYOR -NOT NEEDED

Wednesday, 12 May 2021 14:45

April 13, 2021

APRIL 13, 2021 CITY COUNCIL MEETING

April 13, 2021 at 6:00 PM

Via Zoom (In person option available)

MINUTES

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CALL TO ORDER

Mayor Keeney called the meeting to order at 6:00 PM. Present were Council Member Bill Burnett, Council Member Bob Fant, Council Member Angela Perea, Council Member John Wright, Council Member Katherine Hudson, and Council Member Dan Cross. Also present were City Clerk Treasurer Jennifer Allen, City Attorney Justin Eichmann, Assistant Fire Chief Todd Andrews, and Building Official Clay Wilson. Aalyiah Perea was in attendance for class credit.

APPROVAL OF MINUTES

  1. Approve March 9, 2021 City Council Minutes

Motion made by Council Member Hudson, Seconded by Council Member Fant.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council

Member Wright, Council Member Hudson, Council Member Cross

DEPARTMENTAL REPORTS

  1. POLICE DEPARTMENT

Mayor Keeney stated 15 CID cases were opened, 12 of those have been closed. Three new officers have been hired since the last meeting: 2 are still in the FTO Program and one has been released and is on patrol. The PD has been getting several calls from citizens thanking the PD for their work and checking on businesses and homes. Unit 1701 hit during the ice storm is back from Bob Maloney and still needs some striping by Sign*a*rama, but it is back in service. Back in January council approved purchase of 2 Tahoes - turns out they are not available until August. Mayor Keeney asked for approval to spend $57,225.00 to get a new 2021 Tahoe not on state bid from Superior Chevrolet in Siloam
Springs that is available in 30 days. After discussion, City Attorney Justin Eichmann said he can bring back an ordinance to wave the competitive bid process but said the Council can proceed with a voice vote tonight.

Motion to order the new Tahoe was made by Council Member Fant, Seconded by Council Member Wright.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

  1. FIRE DEPARTMENT

The FD had 28 Calls (18 EMS) and 165 training manhours. Timothy Smyser is attending EMT school at AFTA Camden and should complete his testing next week. Jonathan Brown attended Tactical Air Monitoring at Springdale FD. Fire hydrants will be tested next week. Next month Jon Brown going to national fire academy for plan review.

  1. PUBLIC WORKS

Paving on Main Drive completed and striped. Mowing but can't go fast enough. Limb pick up. Increase in graffitti on signs on the trail - please let PD know if anything is noticed.

  1. BUILDING OFFICIAL

Building Permits: 1 (Residential addition), Mechanical Permits: 12, I completed MS4 inspections after rain events, attended planning commission meeting, attended meeting on the new sign ordinance updates, inspected all traffic light battery backup all (passed), prepared PC packets and delivered them and inspected the asphalt overlay on Main drive. Vehicle maintenance rebuilt motor for 1601.

  1. SPECIAL COMMITTEES

Dan Cross lengthy meeting - 7 variances. In general PC is very resistant to any variance that doesn't have a legal basis. New standards in place, variances are usually no.

  1. CITY CLERK/TREASURER

State Turnback has been received, but Property Tax and Sales Tax have not. Looking forward to May bump in Property Tax due to March real estate tax payments. $79,605 was paid from the Street Fund for the Main Drive overlay and striping; there is still contingency money left. 2 CDs were cashed in the amount of $340,730.45 due to incredibly low interest rates; they are shown below future CD Investments. Act 833 received second quarter funding in the amount of $5,363.97.

  1. CITY ATTORNEY

General session - special election bill was passed. limited to quarterly basis for special elections. Goes into effect Jan 1 2022 won't effect this year. FOIA on condemnation for development in major cities that doesn't really apply to us. In the State of AR uses condemnation mostly for road right of way or other public capital projects.

  1. MAYOR

The cost for Phase A of the Wilkerson and Main Project: All of Wilkerson and the intersection with Main is $6.3 million total estimated cost (right of way acquisition not included in pricing.) The intent is to put out a 25-year bond for with a value of $7.3 million. Cassie Elliott, who the City has used before, is good at right of way acquisition and the cost of her services is $24,300 for 18+ parcels and the cost of appraiser Stewart Sanders totals $38,700. Kevin Faught of  Stephens, Inc. and Ryan Bowman of Friday, Eldredge and Clark will both be attending the May meeting and the ordinances will be ready at that meeting to schedule a July election. Mayor Keeney asked for a motion to move forward with
hiring Cassie & Stewart to begin right of way appraisal and if the bond passes the acquisition of the right of way.

Motion made by Council Member Cross, Seconded by Council Member Wright.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross.

The pothole at Wilkerson is scheduled to be repaired by Tomlinson once their schedule clears.

UNFINISHED BUSINESS - NONE

NEW BUSINESS 

  1. CITY NAMED VOLUNTEER COMMUNITY OF THE YEAR BY THE STATE OF ARKANSAS
    "For outstanding civic engagement initiatives to the People of Arkansas during Covid19 Health Crisis"
     
  1. ORDINANCE 2021-03: AN ORDINANCE AMENDING ORDINANCE NO. 2020-05 IN ITS ENTIRETY    AND TO PROVIDE FOR THE ADOPTION BY REFERENCE OF SIGN REGULATIONS FOR THE CITY OF  JOHNSON, ARKANSAS, FURTHER PROVIDING FOR THE ADMINISTRATION THEREOF AND DECLARING AN EMERGENCY. Mayor Keeney asked for a motion to read ORDINANCE 2021-03 by title only waiving the second and third readings. Motion made by Council Member Fant, Seconded by Council Member Wright. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-03 was read by City Attorney Eichmann. Mayor Keeney asked for a motion to approve this reading. Motion made by Council Member Wright, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. Mayor Keeney asked for a motion to approve the reading of the emergency clause. Motion made by Council Member Perea, Seconded by Council Member Burnett. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. City Attorney Eichmann read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion made by Council Member Fant, Seconded by Council Member Burnett. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-03 was approved.

MOTION TO PAY BILLS

Motion made by Council Member Hudson, Seconded by Council Member Fant.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

MOTION TO ADJOURN

Motion made by Council Member Burnett, Seconded by Council Member Fant.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

Meeting adjourned at 6:46 PM.

Respectfully Submitted

*Please see attachment for complete document

Friday, 30 April 2021 13:39

March 9, 2021

MARCH 9, 2021 CITY COUNCIL MEETING
March 09, 2021 at 6:00 PM
Via Zoom
MINUTES

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CALL TO ORDER

Meeting was called to order at 6:05. 

Present were Mayor Chris Keeney, Council Member Bill Burnett, Council Member Bob Fant, Council Member Angela Perea, Council Member John Wright, and Council Member Dan Cross (arrived late). Also present were City Clerk Treasurer Jennifer Allen, City Attorney Justin Eichmann, Assistant Fire Chief Todd Andrews, and Building Official Clay Wilson. Council Member Katherine Hudson was absent.

APPROVAL OF MINUTES

  1. APPROVAL OF FEBRUARY 9, 2021 CITY COUNCIL MINUTES

Motion made by Council Member Fant, Seconded by Council Member Perea.
Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright

DEPARTMENTAL REPORTS

  1. POLICE DEPARTMENT

In February, 4 CID cases were opened, 2of these were closed along with 2 others from the previous month. The department hired Patrol Officer Patrick Villines. There are several interviews scheduled and they hope they will have some good candidates out of those interviews this month.

  1. FIRE DEPARTMENT

In February, the department had 29 calls for service, mostly EMS, and 105 training man hours. The kitchen and bathroom remodel at the station has been underway and will be completed in the coming weeks. New uniform shirts have arrived. 

  1. PUBLIC WORKS

There was quite a snow event early in the month; the guys spent a lot of time plowing and spreading chat. They discovered the hard way that when the temperature gets down to  -18,  -20 degrees, things that should not break do, and diesel fuel does freeze, but overall, they did very well. Once the equipment was squared away, they replaced many street signs and poles hit by sliding cars and patched potholes. There is a particularly bad spot at the top of Wilkerson that we will get bids on. Recently the guys have spent quite a bit of time cleaning up graffiti on the trail.

  1. BUILDING OFFICIAL

In February, 3 building permits were issued and 6 mechanical permits. 23 inspections were performed and MS4 inspections were completed after rain events. A great amount of time was spent on vehicle maintenance including an engine rebuild on Police unit 1401 and reinstalling all police equipment. All the police equipment from 1702 was removed as that unit was totaled.

  1. SPECIAL COMMITTEES

Clay Wilson stated the PC has been working on the new sign ordinance; if passed it may get to City Council next month.

  1. CITY CLERK/TREASURER

No State/County funding has been received yet this month (State Turnback Property Tax and Sales Tax) due to the early date of the meeting. $31,081.46 was paid on the sidewalk project; there is still contingency money left.

  1. CITY ATTORNEY

Update of the current Legislative session: State Legislature is looking at special elections; 4 bills are being considered and they are all over the place. City Attorney Justin Eichmann is watching this very carefully and will keep the Council updated.

  1. MAYOR

The sidewalk project on Carley Road has several punch list items left to complete. 

The Main Drive milling and overlay was completed last week, and the striping will begin soon, weather permitting.

Last week the Requests for Qualifications (RFQ) for Bond Counsel  and the Requests for Proposal (RFP) for Bond Underwriter were reviewed and scored - this will be discussed in new business.

Bob Fant commented the slope still too steep at the end of the retaining wall for the sidewalk. Mayor Keeney said that is one of the major problems which may be affected by the depth of fiber optic line which is being checked. The wall may need to be extended if it cannot be smoothed out.

UNFINISHED BUSINESS: NONE

NEW BUSINESS

  1. APPROVAL OF BOND COUNSEL

Requests for Qualifications (RFQ) for Bond Counsel were received from Friday Eldredge & Clark and Mitchell Williams. Scoring in the 4 respective state required categories, Friday Eldredge & Clark scored 5/5 and Mitchell Williams scored 4.25/5. All that is needed from City Council is to accept the recommendation of the company that received the highest score. Mayor Keeney asked for a motion to approve Friday Eldredge & Clark as the Bond counsel for the future bond project.

Motion made by Council Member Wright, Seconded by Council Member Perea.
Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Cross.

  1. APPROVAL OF BOND UNDERWRITER

Requests for Proposal (RFP) for Bond Underwriter were received from Stephens Inc. and Crews & Associates. Stephens scored 5/5  and Crews & Associates scored 4.5/5 in the 4 state required categories. All that is needed from City Council is to accept the recommendation of the company that received the highest score. Mayor Keeney asked for a motion to approve Stephens Inc. as the Bond Underwriter for the future bond project.

Motion made by Council Member Fant, Seconded by Council Member Burnett.
Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Cross.

MOTION TO PAY BILLS

Mayor Keeney asked for a motion to pay the bills from the General Fund, Street Fund, Act 988 Fund, Act 833, and Court Automation Fund that the council had reviewed. 

Motion made by Council Member Wright, Seconded by Council Member Perea.
Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Cross.

MOTION TO ADJOURN

Mayor Keeney asked for a motion to adjourn. 

Motion made by Council Member Burnett, Seconded by Council Member Fant.

Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Cross. Meeting was adjourned at 6:25 PM.

Mayor Keeney said he hoped to be able to meet in person next month, but we will have to see what is going to happen with the mask mandate and required meeting protocols.

*Please see attachment for complete document

Friday, 30 April 2021 13:30

ORDINANCE 2021-03

ORDINANCE NO. 2021-03

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

AN ORDINANCE AMENDING ORDINANCE NO. 2020-05 IN ITS
ENTIRETY AND TO PROVIDE FOR THE ADOPTION BY
REFERENCE OF SIGN REGULATIONS FOR THE CITY OF
JOHNSON, ARKANSAS, FURTHER PROVIDING FOR THE
ADMINISTRATION THEREOF AND DECLARING AN EMERGENCY.

WHEREAS, on or about April 14, 2020 the City Council for the City of Johnson adopted Ordinance No. 2020-05 which amended Ordinance No. 2017-12 and provided for the adoption by reference of sign regulations for the City of Johnson; and

WHEREAS, it has come to the attention of the City Council of Johnson that the sign regulations adopted by Ordinance No. 2020-05 need to be further amended, in its entirety, in order to provide better clarity and to make changes necessary to conform the sign regulations with recent zoning regulation amendments; and

WHEREAS, in accordance with Ark. Code Ann. 14-55-207, three (3) copies of the regulations are on file with the City Clerk-Treasurer and notice of the adoption of these regulations by reference has been provided in a newspaper of general circulation; and

WHEREAS, following the public hearing and recommendation from the City of Johnson Planning Commission, the City Council of the City of Johnson now finds it to be in the best interest of the citizens of Johnson to amend Ordinance No. 2020-05 in its entirety and to adopt said regulations by reference.

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

Section 1.        The City of Johnson Sign Regulations, attached hereto as Exhibit "A", is hereby adopted in its entirety.

Section 2.        That all ordinances, including Ordinance No. 2020-05, or parts of ordinances in conflict herewith, are hereby repealed to the extent of the conflict.

Section 3.        That the provisions of this Ordinance are hereby declared to be severable and if any section, phrase, or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases or provisions.

Section 4.        Declaration of Emergency. It is hereby found and determined that the existing ordinances and regulations relating to the regulations of signs within the municipality need to be amended based upon the needs of the City of Johnson in connection with its current and future growth the enactment of the Johnson Sign Regulations Abatement will provide for the safe and orderly control of signage within the city and help assure the safe and proper growth and
development of land. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation and protection of the public peace, health, safety and welfare of the City and its citizens, shall become effective on the date of its passage and approval by the Mayor. If the Ordinance is neither approved nor vetoed by the Mayor, it shall become effective on the expiration of the period of time during which the Mayor may veto this Ordinance. If the Ordinance is vetoed by the Mayor and the veto is overridden by the City Council, it shall become effective on the date the City Council overrides the veto.

*Please see attachment for complete document

Wednesday, 21 April 2021 19:35

May 6, 2021

AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING AND BOARD OF ADJUSTMENTS

MAY 6, 2021 – 6:00 PM

VIRTUAL MEETING VIA ZOOM

(In person meeting option is available. More details are available by calling City Hall at (479) 521-7291)

 

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PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of April 1, 2021 Planning Commission Meeting minutes

OLD/NEW BUSINESS: NONE

MOTION TO ADJOURN PLANNING COMMISSION MEETING 

BOARD OF ADJUSTMENTS PUBLIC HEARING IS CALLED TO ORDER 

Comment from the Public is requested regarding the following: 

Petition 2021-010: Requesting a VARIANCE FOR PARKING LOT CURBING for property located at 2212 Main Drive (Wright’s Barbeque). Requested by Jordan Wright, owner.

Petition 2021-11: Requesting a VARIANCE FOR GRAVEL PARKING LOTS for property located at 2212 Main Drive (Wright’s Barbeque). Requested by Jordan Wright, owner.

Petition 2021-12: Requesting a VARIANCE FOR BUILDING SETBACKS for property located at 5456 Cordell Drive, lot 22 of Clear Creek Patio Homes. Requested by Tom Pagnozzi, owner.

BOARD OF ADJUSTMENTS PUBLIC HEARING IS CLOSED 

BOARD OF ADJUSTMENTS MEETING IS CALLED TO ORDER: 

Petition 2021-010: Requesting a VARIANCE FOR PARKING LOT CURBING for property located at 2212 Main Drive (Wright’s Barbeque). Requested by Jordan Wright, owner.

Petition 2021-11: Requesting a VARIANCE FOR GRAVEL PARKING LOTS for property located at 2212 Main Drive (Wright’s Barbeque). Requested by Jordan Wright, owner.

Petition 2021-12: Requesting a VARIANCE FOR BUILDING SETBACKS for property located at 5456 Cordell Drive, lot 22 of Clear Creek Patio Homes. Requested by Tom Pagnozzi, owner.

MOTION TO ADJOURN BOARD OF ADJUSTMENTS

Friday, 09 April 2021 18:18

March 4, 2021

PLANNING COMMISSION MEETING

CITY OF JOHNSON, AR

MARCH 4, 2021

PLANNING COMMISSION MEETING

Present: Dan Cross, Todd Wood, Katherine Hudson, Richard Cromwell, Gregg Gainer, and Shane Bronson. Also, Clay Wilson – City of Johnson Building Official, Juliet Ritchey-Garver, and one guest were in attendance.

Planning Commission Meeting was called to order at 6:00 P.M. by Chairman Dan Cross.

A motion to approve the January 07, 2021 Planning Commission Minutes was made by Richard Cromwell and seconded by Katherine Hudson. All approved.

Old Business:

Chairman Dan Cross requested to amend the agenda to add discussion of the letter he sent out to the Planning Commissioners with all in favor to amend.

Discussion of the Updating of Ordinance 2020-05 regarding Signage in the City of Johnson was opened by Chairman Dan Cross.

Juliet Ritchey from Garver reviewed the updated Signage Ordinance 2020-05, reviewing each change in detail.

Commissioners agreed to move forward with a public hearing next month to present the updated Signage Ordinance 2020-05.

New Business:                                                                                                                  

Chairman Dan Cross opened the discussion of the letter he sent out to the Planning Commissioners for further discussion on the current process of proceeding with working sessions.

Commissioners provided several recommendations to include communicating concerns in writing prior to scheduled Planning Commission meetings, to which all commissioners agreed.

No Additional New Business.

MOTION TO ADJOURN PLANNING COMMISSION MEETING:

Motion to Adjourn Planning Commission meeting was made by Richard Cromwell and seconded by Todd Wood. All approved. Meeting adjourned at 7:05 P.M.

Friday, 09 April 2021 16:59

February 4, 2021

No Planning Commission meeting  for the month of February

Friday, 09 April 2021 16:58

January 7, 2021

PLANNING COMMISSION MEETING

CITY OF JOHNSON, AR

JANUARY 9, 2021

PLANNING COMMISSION PUBLIC MEETING

Present: Katherine Hudson, Dan Cross, Richard Cromwell, Shane Bronson, and Gregg Gainer. Also, Clay Wilson – City of Johnson Building Official, Sarah Geurtz- Earth Plan Development Alternatives (EDA), Juliet Richey- Garver, four guests were in attendance.

PUBLIC HEARING

Public hearing was called to order at 6:00 P.M. by Chairman Dan Cross.

Comments from the Public were requested for consideration of changes to Section 14.04.09 in the Zoning Code regarding Landscape Standards and Parking Standards for the City of Johnson.

Chairman Cross allowed the public meeting to remain open to allow comments from anyone who may arrive late. No additional comments were offered.

Public hearing was closed at 6:05 P.M.

PLANNING COMMISSION MEETING

Planning Commission Meeting was called to order at 6:05 P.M. by Chairman Dan Cross.

Chairman Dan Cross requested to reverse the order of Old Business and New Business to review New Business first with no objection from the Planning Commission.

NEW BUSINESS:

Chairman Dan Cross requested to amend the agenda to include the nomination and election of Planning Commission Officers for 2021 with a term of two years. Richard Cromwell made a motion to amend the agenda and the motion was seconded by Henry Layes. All Approved.

Dan Cross volunteered to remain Planning Commission Chairman with no objections. A roll call was taken as follows: Gregg Gainer: Yes, Shane Bronson: Yes, Katherine Hudson: Yes, Richard Cromwell: Yes, Henry Layes: Yes. All Opposed: None. Dan Cross will remain Planning Commission Chairman for 2021-2022.

Chairman Dan Cross nominated Henry Layes as the Vice Chairman of the Planning Commission for 2021-2022. A roll call was taken as follows: Dan Cross: Yes, Gregg Gainer: Yes, Shane Bronson: Yes, Katherine Hudson: Yes, Richard Cromwell: Yes. All Opposed: None. Henry Layes will remain Planning Commission Vice-Chair for 2021-2022.

Commissioner Shane Bronson nominated Todd Wood as Planning Commission Secretary for 2021-2022. A roll call was taken as follows: Dan Cross: Yes, Gregg Gainer: Yes, Shane Bronson: Yes, Katherine Hudson: Yes, Richard Cromwell: Yes, Henry Layes: Yes. All Opposed: None. Todd Wood will remain Planning Commission Secretary for 2021-2022.

Approval of November 05, 2020 Planning Commission Minutes: A motion was made by Katherine Hudson and seconded by Greg Gainer. All approved.

Petition 2020-15: Requesting an AMENDMENT TO THE JOHNSON SQUARE P.U.D. to address signage and lighting for property located at Johnson Mill Boulevard and Main Drive known as Johnson Square. Requested by Jason Bailey, representative of Johnson Square Holdings, LLC, owner.

In attendance of support for Petition 2020-15 is Ward Davis and Erin Adkins-Oury with High Street Real Estate and Onyx Coffee Owner, Jon Allen. City of Johnson Building Official, Clay Wilson, stated that a sign ordinance had not been developed for Johnson Square thus placing it under the City of Johnson’s sign ordinance. As a result, the developers are requesting an amendment from the City of Johnson sign ordinance to allow for rooftop signage and signage that could be animated. The High Street Real Estate representatives provided historical precursors to their requests as well as an overview of their future plans. Mr. Allen from Onyx Coffee went into detail about his desire to add to the artistic culture of Johnson Square with use of signage and this location for his business being distinctively different as it is extremely important to him as a long time resident of Johnson.

Commissioner Shane Bronson voiced his concern that if an amendment were to be granted there would be no limitations on businesses within the square having competitive and growing signage as to potentially overtake the area and deter from the architecture, cultural arts, and City of Johnson.

Commissioner Henry Layes stated his concerns about making exceptions to city ordinances for specific areas in the city could potentially be seen as non-inclusive.

Chairman Dan Cross reiterated Commissioner Layes concerns based on previous legal issues and recommended reviewing concerns with legal.

Commissioner Gregg Gainer reiterated the need for addressing the signage in Johnson Square due to the absence of current signage P.U.D. He believes that the developers will be prescriptive based on their work up to this point, but has some concerns about their request being carte’ blanche. He went on to request possibly adding some verbiage to place limitations on anything excessive and for liability purposes, and/or requiring an individual review by the Planning Commission for each sign outside of the City of Johnson signage ordinance.

Mr. Ward stated that he has no issues with review by the Planning Commission, but is apprehensive to place that requirement on every sign used due to the lengthy process involved potentially causing substantial delays. He recommended verbiage including works of art to encompass a percentage.

City of Building Official, Clay Wilson, discussed the recommendations by Juliet Richey from Garver to update Ordinance 2020-05 regarding Signage in the City of Johnson to clarify P.U.D. districts to supercede the city ordinance with each P.U.D. being unique, which would eliminate some of the Commissioners concerns. Juliet Ritchey expanded on the need to update the verbiage in the City of Johnson’s current sign ordinance and reiterated that P.U.D. 's should be considered as unique.

Mr. Wardand Mr. Allen requested that corrections and recommendations be made in a timely manner to allow time for sign development.

Commissioner Cross recommends the document be updated to include specific language and final document reviewed by the Planning Commission prior to forwarding to City Council. Commissioners Gregg Gainer, Shane Bronson, Henry Layes, agreed to meet with the City Building Official, Juliet Ritchey, and High Street Real Estate Representatives to discuss and develop the final draft.

A motion to table Petition 2020-15 to February 2021 Planning Commission Meeting Agenda was made by Commissioner Gregg Gainer and seconded by Commissioner Henry Layes. All Approved.

A motion to Approve the 2021 Calendar to include application dates was made by Commissioner Shane Bronson and seconded by Commissioner Katherine Hudson. All Approved.

OLD BUSINESS:

Chairman Dan Cross reviewed the denial of Petition 2020-06 at the November 2020 Planning Commission meeting. Commissioners were provided a copy of the letter provided to the applicants with the appeal process information. Chairman Cross stated after review with the City of Johnson Legal Representative, it was established that all denials must be provided in writing the reason for denial and the appeals process.

Chairman Cross discussed some concern that there may have been some confusion regarding recommendations made by the City of Johnson Building Official and/or the City Engineer. Clay Wislon reiterated that in February 2017, it was established that the City Building Official and the City Engineer are only to voice the specific issues they have identified within their subject matter expertise in reference to how these issues affect the City of Johnson, but are not to make formal recommendations for or against applications. Previous Planning Commission Secretary, Chairman Gregg Gainer, stated previous documentation reflects that this was discussed in February 2017, and April 2019, with documentation congruent with statements from the City Building Official.

Discussion of changes to Section 14.04.09 in the Zoning Code regarding Landscape Standards and Parking Standards for the City of Johnson.

LANDSCAPE

Commissioner Gregg Gainer discussed several concerns with Landscaping to include

percentages of native species required, narrow tree lawn description, parking dimensions, turf grass, specific invasive species, inorganic mulch, 12’ requirement in section 4.e., street tree maintenance responsibility, open fences, and iron spikes on fencing. After extensive discussion of each issue, it was agreed that the 12’ requirement in section 4.e. would be changed to 15’, percentages of native species changed from 50% to 25% required, Trident and Japanese Maples to be removed from invasive species, and language and formatting would be updated on remaining issues to provide clarity.

PARKING

City Building Official queried the dimensions on page 9, table 4, possibly being inverted. Henry Layes discussed parking change requirements recently made at the University to adjust for motorcycle requirements that should be considered. Juliet Ritchey provided clarification, agreed to shade the chart to add clarity, and change dimension from 3’ to 5’; there were no objections to proposed changes.

Clay Wilson requested clarification on page 12, item k, to which Juliet Ritchey replied she will update language as to not limit to four cars.

Richard Cromwell made a motion to approve the Section 14.04.09 in the Zoning Code regarding Landscape Standards and Parking Standards for the City of Johnson with the proposed changes. The motion was seconded by Henry Layes. All approved.

MOTION TO ADJOURN PLANNING COMMISSION MEETING​:

Motion to Adjourn Planning Commission meeting was made by Richard Cromwell and seconded by Gregg Gainer. All approved. Meeting adjourned at 8:44 P.M.

*Please note that the date listed for January minutes is wrong. The correct date January 7, 2021

*Please see attachment for complete document

Friday, 09 April 2021 15:47

February 9, 2021

FEBRUARY 9, 2021 CITY COUNCIL MEETING
February 09, 2021 at 6:00 PM
Via Zoom (In Person Option Available)
MINUTES

CALL TO ORDER

Mayor Keeney called the meeting to order at 6:04 PM. Present were Council Member Bill Burnett, Council Member Bob Fant, Council Member Angela Perea, Council Member John Wright, Council Member Katherine Hudson, and Council Member Dan Cross. Also present were City Clerk Treasurer Jennifer Allen, City Attorney Justin Eichmann, Fire Chief Donald Ferguson, and Building Official Clay Wilson. Police Chief Wayne Woods was absent.

  1. STATE OF THE CITY ADDRESS

Mayor Keeney asked if the Council would like him to read this report and they decided it was not necessary.

APPROVAL OF MINUTES

Mayor Keeney asked for approval of the January 12, 2021 City Council Meeting Minutes. Motion made by Council Member Fant, Seconded by Council Member Wright. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. Minutes were approved.

DEPARTMENTAL REPORTS

  1. POLICE DEPARTMENT

Mayor Keeney stated Chief Woods was on leave. In January 7 CID cases were opened; 3 remain open and 4 are closed. Unit 1702 was involved in an accident and totaled by the Municipal League Vehicle Program. Chief Woods has asked to replace the unit for a cost of $11,974.91 after the insurance money is received. Motion to replace the vehicle was made by Council Member Fant, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

  1. FIRE DEPARTMENT

Fire Chief Donald Ferguson stated he hopes to meet members of the Council soon. 95 hours of training were received by the department and there are plans to start cross training with the PD. Ferguson said every year the department asks for Act 833 money from the state. In the past the request has only been for $50,000, this year FD asked for $229, 000. There are very specific guidelines from the state on how the money can be spent, we do not know if we will receive all of it, but we do believe we will receive more. The Mayor also approved a Kitchen renovation for the fire station with the firefighters doing the work which will save the city thousands of dollars. JFD has also repainted some of the station and plan to do more in February. In 2020 JFD had 453 calls with 29 percent of them being after hours. In January 2021 there were 29 calls with 29.7 percent after hours. Chief Andrews and Chief Ferguson are adjusting the schedule for March to have more coverage after hours.

  1. PUBLIC WORKS

Mayor Keeney stated the department finished the cleanup of the bridges at Elmore and Johnson Mill Boulevard and did some superficial repairs. Also spread material for brief snowfall.

  1. BUILDING OFFICIAL

This month there was 1 building permit, 6 mechanical permits and 42 inspections soft. Working on extensive vehicle repair , being proactive by making repairs now. MS4 inspections after rain events, attended MS4 training and attended the January PC meeting.

  1. SPECIAL COMMITTEES
  2. CITY CLERK/TREASURER

       City Clerk/Treasurer Jennifer Allen stated State Turnback has been received but monthly Property Tax and Sales Tax have not. $80,000.00 was transferred to LOPFI from the General Fund to cover PD/FD retirement expenses; $12,008.93 in Rural Fire Association funding was received 2/2/2021 from Washington County. She also reminded the Council members to get their 2020 Statement of Financial Interest turned in ASAP.

  1. CITY ATTORNEY

City Attorney Justin Eichmann stated he is working on financing the Wilkerson & Main Project - sales and use tax to use as collateral for bonding. City requires a bond counsel to assist with this project. Helped create a Request for Qualifications (RFQ) for bond underwriter and a Request for Proposal (RFP) for bond counsel to assist getting this project stated. Distributed to all know entities and are due 2/22/2021. Results should be available at the next meeting.

  1. MAYOR

Mayor Keeney stated he spent time with City Attorney Eichmann working on RFQs/RFAs. Also been working with EDA for the rebid of the Main Drive Overlay and working with Clay on the PD vehicles. He asked all the Council Members to come by City Hall and pick up the full feasibility study and engineering for Wilkerson and Main Project, stating all values in there are accurate less right of way acquisitions.

UNFINISHED BUSINESS

  1. BIDS FOR MAIN DRIVE OVERLAY

Bids for Main Dr overlay were received after the bid after rules were not followed to the letter last month. Bids received were as follows: Tomlinson Asphalt $89,591.00, Hutchens Construction $76,340.00 After discussion, Mayor Keeney asked for a motion. Motion to approve Hutchens bid of made by Council Member Fant, Seconded by Council Member Wright. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

NEW BUSINESS

  1. ORDINANCE 2021-01: AN ORDINANCE TO AMEND SECTION 14.04.09: LANDSCAPE AND SCREENING OF THE JOHNSON MUNICIPAL CODE; DECLARING AN EMERGENCY FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2021-01 by title only waiving the second and third readings. Motion made by Council Member Perea, Seconded by Council Member Wright. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-01 was read by City Attorney Eichmann. Mayor Keeney asked for a motion to approve this reading. Motion made by Council Member Fant, Seconded by Council Member Wright. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. Mayor Keeney asked for a motion to approve the reading of the emergency clause. Motion made by Council Member Fant, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. City Attorney Eichmann read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion made by Council Member Fant, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-01 was approved.
  2. ORDINANCE 2021-02: AN ORDINANCE TO AMEND IN ITS ENTIRETY SECTION 14.04.09: GENERAL STANDARDS OF THE JOHNSON MUNICIPAL CODE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2021-02 by title only waiving the second and third readings. Motion made by Council Member Fant, Seconded by Council Member Wright.
    Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-02 was read by City Attorney Eichmann. Mayor Keeney asked for a motion to approve this reading. Motion made by Council Member Wright, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. Mayor Keeney asked for a motion to approve the reading of the emergency clause. Motion made by Council Member Perea, Seconded by Council Member Burnett. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. City Attorney Eichmann read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion made by Council Member Fant, Seconded by Council Member Burnett. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. ORDINANCE 2021-02 was approved.

MOTION TO PAY BILLS

Mayor Keeney asked for a motion to pay the bills. Motion made by Council Member Fant, Seconded by Council Member Hudson. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross

MOTION TO ADJOURN

Mayor Keeney asked for a to adjourn. Motion made by Council Member Burnett, Seconded by Council Member Fant. Voting Yea: Council Member Burnett, Council Member Fant, Council Member Perea, Council Member Wright, Council Member Hudson, Council Member Cross. Meeting was adjourned at 6:42 PM.

Respectfully Submitted,