AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING

AND BOARD OF ADJUSTMENTS

July 2, 2020 – 6:00 PM

VIRTUAL MEETING VIA ZOOM

Join Zoom Meeting

https://us02web.zoom.us/j/85608341000?pwd=WHdxMFlIQUsxZ1hGTWIwQ1lMTHNaQT09

Meeting ID: 856 0834 1000

Password: 298795

Dial by your location

        +1 312 626 6799 US (Chicago)

        +1 929 205 6099 US (New York)

        +1 301 715 8592 US (Germantown)

        +1 346 248 7799 US (Houston)

        +1 669 900 6833 US (San Jose)

        +1 253 215 8782 US (Tacoma)

Find your local number: https://us02web.zoom.us/u/kBZLRenPs 

PLANNING COMMISSION MEETING IS CALLED TO ORDER

Approval of April 2, 2019 Planning Commission Meeting minutes

Old Business: NONE 

New Business: 

Discussion of Street Section and Improvements on Johnson Mill Blvd.

MOTION TO ADJOURN PLANNING COMMISSION 

No Business for BOARD OF ADJUSTMENTS MEETING

No Planning Commission meeting for the Month of June

RESOLUTION 2020-07 

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

   A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO APPLY FOR STBGP-A FUNDING FOR ACQUISITION OF RIGHT-OF-WAY AND RELOCATION OF FRANCHISE UTILITIES FOR GENE GEORGE BLVD FROM DON TYSON PARKWAY TO JOHNSON MILL ROAD.

WHEREAS, the Cities of Johnson and Springdale have received STP-A funding for the design of Gene George Blvd. widening from Don Tyson Parkway to Johnson Mill Boulevard; and

WHEREAS, using the procurement procedures required by State Law, the Cities have retained Engineering Services, Inc. to perform the project design; and

WHEREAS, project design has been completed and there is a need to purchase right-of-way and relocate utilities where necessary; and

WHEREAS, the City of Johnson is responsible for 30% of the 20% local match and the City of Springdale is responsible for 70% of the 20% local match:

            Funding Source                       Percent Share  _________Cost Share

Federal Aid                             80%                             $ 2,560,000.00

City of Springdale                  14%                             $  448,000.00

City of Johnson                       6%                               $   192,000.00

Project Totals                          100%                           $ 3,200,000.00

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Johnson as follows:

Section 1.        The City of Johnson is committed to the Gene George Blvd. project from Don Tyson Parkway to Johnson Mill Road and recognizes its regional significance.

Section 2.        The required matching funds are committed in an amount not to exceed $640,000.00.                                                                                                                                                                                                    

            PASSED AND APPROVED this _________ day _____________, 2020.

APPROVED:

ATTEST:

*Please see attachment for complete document

RESOLUTION 2020-06 

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE.

WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and

WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the “Northwest Arkansas Razorback Greenway Operations and Management Plan;” and

WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and

WHEREAS, such joint cooperation is best achieved through the Interlocal Cooperation Act, codified at A.C.A. 25-20-101 et seq., through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Johnson as follows:

Section 1.        That the Mayor be and is hereby authorized to execute the “Northwest Arkansas Razorback Greenway Alliance Agreement,” which is herewith approved and attached hereto.

Section 2.        That said Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista), and upon approval by the Arkansas Attorney General’s Office.

PASSED AND APPROVED this _________ day _____________, 2020. 

APPROVED:

ATTEST:

*Please see attachement for complete document

CITY OF JOHNSON

COUNCIL MEETING MINUTES

VIA ZOOM

https://us02web.zoom.us/j/87023876421?pwd=NDI1Um9jRkZwS3IxbVdNZldjelM1dz09

may 12, 2020

Mayor Keeney called the City Council Meeting to order at 6:04 pm.

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

Mayor Keeney asked for a motion to approve the minutes of the April 14, 2020 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Bill Burnett. All approved.

Department Head Reports:

Police Chief Wayne Woods stated 17 CID cases were opened this month and 10 were closed. Officers are using Covid 19 protocol when dealing with the public. The department has received great support from the citizens including lots of food. There are no issues or complaints and the department is running well. When the Court reopens, they will require masks, take temperatures and completion of a survey to enter the courtroom.

Fire Chief Matt Mills mother passed away so he is not with us this evening. Mayor Keeney stated there were 31 calls for the month, with the majority being EMS calls (19).

Mayor Keeney said the Public Works Department has begun mowing as the weather allows. They have installed all the new street signs but the large intersection ones that require the ladder truck and those will be done soon.

Building Official/Maintenance Specialist Clay Wilson stated 1 new building permit and 10 mechanical permits were issued and 40 inspections were completed. Wilson stated he worked on vehicle maintenance and did MS-4 inspections. Wilson stated there are 3 new commercial buildings being built in the City.

Recorder/Treasurer Jennifer Allen stated State Turnback has been received, but Property taxes and Sales Taxes have not. Allen said the May bump in Property taxes was received 5/11/2020 ($112,345.20 General Fund and $12,356.30 Street Fund) and was roughly $40,000.00 less than the General Fund bump last year. We will watch this closely – could be caused by the closure of the court house or people holding onto their money in these uncertain times. $12,008.93 was received from WA County for RFA quarterly funding on 5/7/2020. Allen stated Council Members in Position 2 of their Wards are up for election this year. Election packets are available in her office by appointment since they need to be signed for. Please note that since Johnson is now a City of the First Class, 30 signatures of registered voters residing in the City of Johnson are required for a candidate’s name to be placed on the ballot. First day to file for election this fall is noon on July 29, 2020 and the final day to file is noon August 5, 2020.

City Attorney Justin Eichmann stated the 2 ordinances for tonight both deal with becoming a City of the First Class. The first one changing Jennifer’s position to City Clerk/Treasurer is pretty easy; the second allows the City to continue to appoint a City Attorney. There are different rules according to population; the last census Johnson was under 5,000 but this ordinance will allow us to continue to appoint even if we reach over 5,000.

Mayor Keeney stated these are interesting times with virtual meetings. City Attorney Justin Eichmann said the temporary waiver lasts through the end of the year as long as the Governor keeps the state of emergency in place.

Mayor Keeney asked the Council to review the feasibility study by Hawkins-Weir of the Main Drive and Wilkerson project. Where to start is the first question, phase 1,2 or 3? Mayor Keeney hope the Fed does a high percentage of financing for projects that are ready to go. Dan Cross asked what kind of election was better for a bond initiative to be passed and Mayor Keeney said a special election would be better than at a general election. Cross asked how many days out a special election would need to be called. Mayor Keeney said 90-120 at least, but there would be a better timeline after the review. At least 3 months minimum for a special election, so it would be better to wait until after the first of the year.

OLD BUSINESS: NONE

NEW BUSINESS:   

Mayor Keeney presented ORDINANCE 2020-08: AN ORDINANCE RECLASSIFYING OFFICES IN ACCORDANCE WITH THE ASCENSION OF THE CITY OF JOHNSON TO BE A CITY OF THE FIRST CLASS. Mayor Keeney asked for a motion to read Ordinance 2020-08 by title only, waiving the second and third readings. 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; Dan Cross, yes; Bob Fant, yes. City Attorney Justin Eichmann read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2020-08 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; Dan Cross, yes; Bob Fant, yes. ORDINANCE 2020-08 was approved. 

Mayor Keeney presented ORDINANCE 2020-09: An OrdinanCe SETTING THE SALARY AND DUTIES FOR THE OFFICE OF cITY ATTORNEY FOR THE CITY OF JOHNSON, ARKANSAS Mayor Keeney asked for a motion to read Ordinance 2020-09 by title only, waiving the second and third readings. 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; Dan Cross, yes; Bob Fant, yes. City Attorney Justin Eichmann read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2020-09 by title only. 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; Dan Cross, yes; Bob Fant, yes. ORDINANCE 2020-09 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 Katherine Hudson seconded. All approved.

Mayor Keeney said that meeting virtually is awkward but thanked everyone for attending. 

Mayor Keeney asked for a motion to adjourn which was made by Bob Fant and seconded by Bill Burnet. All approved. The meeting was adjourned at 6:23 pm.

Respectfully Submitted,

_________________________________                                  ___________________________________

Jennifer Allen CMC, CAMC                                                               Chris Keeney, Mayor

City Clerk/Treasurer

ORDINANCE 2020-03

AN ORDINANCE TO AMEND SECTIONS 14.04.01 THROUGH 14.04.08 OF CHAPTER 14.04: ZONING ORDINANCE

OF THE JOHNSON MUNICIPAL CODE CONCERNING ZONING REGULATIONS OF THE CITY OF JOHNSON;

ADOPTING A NEW ZONING MAP; FOR OTHER PURPOSES AND DECLARING AN EMERGENCY.

            WHEREAS, on or about November 13, 2007, the City Council of the City of Johnson adopted Ordinance No. 2007-13 to implement new zoning regulations and the official zoning map for the City of Johnson; and

            WHEREAS, thereafter, Ordinance No. 2007-13 has been codified into title 14 Zoning Regulations for the City of Johnson and has been amended thereafter from time to time; and

            WHEREAS, also 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 Sections 14.04.01 through 14.04.08 of Chapter 14.04: ZONING ORDINANCE of the Johnson Municipal Code in order to incorporate certain changes; and

            WHEREAS, following a 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 adopt a new zoning map to reflect the changes made to zoning districts through these amended regulations; and

             WHEREAS, having fully reviewed the proposed amendment, the Johnson City Council has determined that Sections 14.04.09 through 14.04.12 of Chapter 14.04: ZONING ORDINANCE of the Johnson Municipal Code shall remain in full force and effect.

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

Section 1.       That Sections 14.04.01 through 14.04.08 of Chapter 14.04: ZONING ORDINANCE of the Johnson Municipal Code is hereby revised in its entirety and is attached hereto as Exhibit “A”.

Section 2.       That the City of Johnson shall hereby adopt a new zoning map which is attached hereto as Exhibit “B”.

Section 3.       That Sections 14.04.09 through 14.04.12 of Chapter 14.04: ZONING ORDINANCE remain unaffected by this Ordinance and shall remain in full force and effect.

Section 4.        In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.

Section 5.        Declaration of Emergency.  It is hereby found and determined that Sections 14.04.01 through 14.04.08 of Chapter 14.04: ZONING ORDINANCE of the Johnson Municipal Code should be immediately revised in order to incorporate certain changes of zoning regulations and that a new zoning map for the City of Johnson should be adopted. 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.

            PASSED AND APPROVED this 11th day of February, 2020.

ATTEST:

*Please see attachment for complete document

CITY OF JOHNSON

COUNCIL MEETING MINUTES

JOHNSON CITY PARK

APRIL 14, 2020

Mayor Keeney called the City Council Meeting to order at 6:00 pm.

Present were Council Members Angela Perea, Katherine Hudson, Bill Burnett, John Wright, Dan Cross and Bob Fant. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Justin Eichmann, Police Chief Wayne Woods and Fire Chief Matt Mills. Building Official Clay Wilson was in Springfield picking up the fire truck. All present observed proper social distancing.

Mayor Keeney asked for a motion to approve the minutes of the March 10, 2020 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Katherine Hudson. All approved.

Department Head Reports: Mayor Keeney, in light of the current COVID-19 situation, asked for a motion to forgo the Department Head reports that were included in the Council packets. Bob Fant made this motion and was seconded by John Wright.

Mayor Keeney stated that he received notification yesterday that our petition to become a City of the First Class had been approved and he was recording the meeting according to First Class City rules.

Mayor Keeney stated the City is doing the best that we can in this pandemic situation; there are no known cases in the City at this time although there have been a few possible exposures.

Building Official Clay Wilson and Capt. Roy Edwards got less than 20 miles from the shop after picking up the firetruck and discovered it was leaking oil and hydraulic fluid.

OLD BUSINESS: NONE

NEW BUSINESS:   

Mayor Keeney presented RESOLUTION 2020-05: A RESOLUTION ESTABLISHING TEMPORARY PROTOCOLS FOR PUBLIC MEETINGS DURING TIMES OF NATIONAL OR STATEWIDE EMERGENCY. Mayor Keeney asked for a motion to approve the resolution which was made by Bob Fant and seconded by Katherine Hudson. All approved. 

Mayor Keeney presented ORDINANCE 2020-07: AN ORDINANCE TO AMEND SECTION 15.04.02: PROCEDURE OF CHAPTER 15.04: SUBDIVISION REGULATIONS OF THE JOHNSON MUNICIPAL CODE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read Ordinance 2020-07 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; Dan Cross, yes; Bob Fant, yes. City Attorney Justin Eichmann read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2020-07 by title only. Motion was made by John Wright and seconded by Bob Fant. Roll call: Angela Perea, yes; Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes; Bob Fant, yes. Mayor Keeney asked for a motion to read the emergency clause which was made by Angela Perea and seconded by Katherine Hudson. Roll call: Angela Perea, yes; Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes; Bob Fant, yes. City Attorney Justin Eichmann read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause which was made by Bob Fant and seconded by Dan Cross. Roll call: Angela Perea, yes; Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes; Bob Fant, yes. ORDINANCE 2020-07 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 John Wright seconded. All approved.

Mayor Keeney said we will see what the state of the COVID-19 situation is next month, and will be ready to meet virtually on Zoom. 

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 6:08 pm.

Respectfully Submitted,

_________________________________                             ___________________________________

Jennifer Allen CMC, CAMC                                                               Chris Keeney, Mayor

Recorder/Treasurer

ORDINANCE 2020-09 

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS

AN ORDINANCE SETTING THE SALARY AND DUTIES FOR THE OFFICE OF CITY ATTORNEY FOR THE CITY OF JOHNSON, ARKANSAS

            WHEREAS, the City of Johnson believes it is most efficient and advantageous to procure and receive legal services through the retention of experienced attorneys knowledgeable in municipal law and the experienced in the matters and issues which are unique to public entities in Arkansas, and does not rely upon the elected position of City Attorney for those services; and

            WHEREAS, as of March 20, 2020, the City of Johnson ascended to be a City of the First Class; and

            WHEREAS, the population of Johnson according to the 2010 decennial census is 3,353 persons; and

            WHEREAS, an elected office of City Attorney is vacant, and the City of Johnson is serviced by an appointed City Attorney, and the City Council wishes to place anyone who is interested in running for any said elected City Attorney position in the future on notice of the salary and duties of the office of city attorney in Johnson.

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

            Section 1. The duties of the elected City Attorney shall be only those which are absolutely required by Arkansas law and cannot be performed by the appointed City Attorney or an attorney hired by the City of Johnson to provide legal representation.

            Section 2. There shall be no salary or benefits for the position of elected City Attorney.

            Section 3. The City of Johnson shall have an appointed City Attorney until such time as the City is determined by the decennial census to exceed 5,000 persons in population. At such time, the city shall hire legal counsel to provide legal representation.

            Section 4. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase, or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

            Section 5. Any matters set forth in this Ordinance which are contrary to the existing ordinances of the City of Johnson shall prevail, and all other ordinances and resolutions or parts of ordinances and resolutions in conflict herewith and therewith are hereby repealed to the extent of such conflict.

PASSED AND APPROVED this _________ day _____________, 2020.

*Please see attachment for complete document

ORDINANCE 2020-08 

CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS 

AN ORDINANCE RECLASSIFYING OFFICES IN ACCORDANCE WITH THE

ASCENSION OF THE CITY OF JOHNSON TO BE A CITY OF THE FIRST CLASS.

            WHEREAS, on January 14, 2020 the City Council of the City of Johnson passed Resolution No. 2020-02 petitioning the Auditor of State, the Secretary of State and the Attorney General of the State of Arkansas to declare the city of Johnson to be a city of the First Class; and

            WHEREAS, the City of Johnson received certification on March 20, 2020 from the Arkansas Secretary of State that it has been classified as a City of the First Class; and

            WHEREAS, pursuant to Ark. Code Ann. § 14-43-405 the City of Johnson can allow one (1) person to assume the duties of both clerk and treasurer; and

            WHEREAS, pursuant to Ark. Code Ann. § 14-43-405, the City Council may provide for the election of its clerk-treasurer for a term of office of four (4) years; and

            WHEREAS, the City Council of the City of Johnson wishes to designate Jennifer Allen as the City Clerk-Treasurer for the City of Johnson.

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

            Section 1:  The City Council of the City of Johnson establishes the office of Clerk -Treasurer with one (1) person to assume the duties of City Clerk-Treasurer.

Section 2:        Jennifer Allen, the current elected Recorder-Treasurer, shall serve in this reclassified office as Clerk -Treasurer, with such term of office to be four (4) years as required by law.

PASSED AND APPROVED this _________ day _____________, 2020.

*Please see attachment for complete document