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City Council Minutes

August 14, 2007

City of Johnson

Minutes of Council Meeting

August 14. 2007

Mayor Lonnie Barren called the council meeting to order at 6:00 PM.

Present were Aldermen Melissia Tomlinson, Bill Burnett, Buddy Curry. Tom Bramlett, Bob Fant and Clay Dodson. Also

present were Chief of Police Vernon Slsemore, City Attorney Danny Wright, and Recorder/Treasurer Jennifer Allen.

Street Superintendent Randy Birchfield was absent

Mayor Barren asked for a motion to approve the minutes of the July 10. 2007 council meeting. Bob Fant made a

motion to approve the minutes as written and Tom Bramlett seconded. All approved.

Monthly Report of Department Heads:

Police Chief Vernon Sisemore stated the PD had a 60% increase in call volume and were still waiting for information

from the crime lab on an unattended death. Chief Sisemore stated thatJPD, Fayetteville PD, Springdale PD, and the

FBI searched the house of the apprehended bank robber who lived in Johnson in Meadowview. Chief Sisemore stated

he would like to have the hill next to the PD above the rent house removed for parking and an additional exit from the

PDto Ball St. Chief Sisemore stated he could have the material dug out and get paid for the dirt. Discussion was had

about moving the fence. Motion to approve this project as long as there was no cost to the city was made by Bob Fant

and seconded by Buddy Curry. Fant reiterated if there was any cost to bring it back to the council next month. All

approved.

Fire Chief Matt Mills congratulated Asst Rre Chief Herb Beitel on completing his classes to become a Certified State

Fire Marsha!. Mayor Barren extended his thanks to Beitel for filling a vital role for our city. Chief Mills stated the

Johnson Area Volunteer Fire Department had answered 170 calls year to date and the city was currently under a burn

ban. Chief Mills stated the JAVFD wanted to apply for a SAFER grant which would allow them to hire 3 more fire

fighters at a cost of $45,000. Chief Mills stated there were still 2 grants out for equipment.

Street Superintendent Randy Birchfield was absent due to illness.

Recorder/Treasurer Jennifer Allen had nothing new to report.

City Attorney Danny Wright stated the appeal on an old battery case had been dismissed for filing too late and he was

working on the new Large Scale Development and PUD ordinances.

Mayor Barron introduced Matt Bailey as the city's new Building Official.

Mayor Barron stated the SAFER grant for the fire department was a gradual way to build the JAVFD and the first

requirement of the application is to obtain approval of the City Council. Buddy Curry stated we should get it into the

budget for next year. Mayor Barron asked for a motion to approve applyingforthis grant which was made by Bob Fant

and seconded by Buddy Curry. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes;

Bob Fant, yes; Clay Dodson, yes. All approved.

Mayor Barron stated Engineering Design Associates were finishingthe master street plan and City Attorney Danny

Wright stated a Public Hearing to allow for the public's input would be held on Monday, August 27, 2007 at 6:00 pm

before the Planning Commission meeting and the final draft would be presented to council.

Mayor Barren stated that the city's traffic signal maintenance agreement with Springdale ended on August 5, 2007

and the city has contracted with Signaltek, Inc. at a cost of $75.00 per month ($25.00 for each of 3 signals).

Mayor Barron stated EDA had approved issuance of a grading permitand work has begun on Hoskins Heights.

Mayor Barron stated EWI has completed the street by Dollar General and included an additional entrance to the store.

The streets name is "Hawks Landing" and this beautiful street was built at no cost to the city.

Unfinished Business: none

New Business:

Mayor Barron presented ORDINANCE 2007-08: AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR A

LARGE SCALE DEVELOPMENT WITHIN THE CITY LIMITS OF THE CITY OF JOHNSON, ARKANSAS AND AMENDING THE

CITY CODE, PROVIDING FOR THE EMERGENCY CLAUSE AND FOR OTHER PURPOSES. Mayor Barron asked for a motion

to read the Ordinance by title only. Tom Bramlett made a motion to read the ordinance by title only and was seconded

by Clay Dodson. Roll call: Meiissla Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant,

yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to

approve this first reading by title only. Bob Fant made a motion to accept this first reading and Tom Bramlett

seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay

Dodson, yes. Mayor Barron asked for a motion to suspend the rules and continue on to the second reading by title only.

Buddy Curry made a motion to suspend the rules and continue on to the second reading by title only and Tom Bramlett

seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay

Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to approve

this second reading by title only. Bob Fant made a motion to accept this second reading and Clay Dodson seconded.

Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson,

yes. Mayor Barron asked for a motion to suspend the rules and continue on to the third reading by title only. Tom

Bramlett made a motion to suspend the rules and continue on to the third reading by title only and Buddy Curry

seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant. yes; Clay

Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to approve

this third reading by title only. Clay Dodson made a motion to accept this third reading by title only and Bob Fant

seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay

Dodson, yes. City Attorney Danny Wright read the emergency clause. Mayor Barron asked for a motion to approve the

emergency clause. Buddy Curry made a motion to approve the emergency clause and Clay Dodson seconded. Roll

call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes.

ORDINANCE 2007-08 was approved and goes into effect immediately.

Mayor Barron presented ORDINANCE 2007-09: AN ORDINANCE ADOPTING A COMPREHENSIVE SET OF GUIDELINES,

RULES AND REGULATIONS IN REGARD TO THE ERECTION, MAINTENANCE, REPLACEMENT AND REPAIR OF SIGNS

WITHIN JOHNSON, ARKANSAS, REPEALING ANY PORTIONS OF ORDINANCE 123 AND OTHER ORDINANCES IN CONFLICT

HEREWITH AND FOR OTHER PURPOSES. Bob Fant made a motion to read the Ordinance by title only and was

seconded by Buddy Curry. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes;

Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked fora

motion to approve this first reading by title only. Bob Fant made a motion to accept this first reading and Buddy Curry

seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay

Dodson, yes. Mayor Barron asked for a motion to suspend the rules and continue on to the second reading by title only.

Buddy Curry made a motion to suspend the rules and continue on to the second reading by title only and Melissia

Tomlinson seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob

Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a

motion to approve this second reading by title only. Bob Fant made a motion to accept this second reading by title only

and Buddy Curry seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes;

Bob Fant, yes; Clay Dodson, yes. 'Mayor Barron asked fora motion to suspend the rules and continue on to the third

reading by title only. Buddy Curry made a motion to suspend the rules and continue on to the third reading by title only

and Melissia Tomlinson seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett,

yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked

fora motion to approve this third reading by title only. Bob Fant made a motion to accept this third reading by title

only and Buddy Curry seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett,

yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright stated he didn't see a sign ordinance as being an

emergency so there is no emergency clause. The ordinance would go into effect in 30 days unless a referendum

comes up. ORDINANCE 2007-09 was approved.

Mayor Barron presented ORDINANCE 2007-10: AN ORDINANCE ADOPTING GUIDELINES ANS STANDARDS FOR

PLANNED UNIT DEVELOPMENTS WITHIN THE CITY OF JOHNSON, ARKANSAS AND OTHER MATTERS RELATED THERETO

AND DECLARING AN EMERGENCYTO EXIST. Mayor Barron asked for a motion to read the Ordinance by title only. Bob

Fant made a motion to read the ordinance by title only and was seconded by Buddy Curry. Roll call: Melissia

Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. I. City Attorney

Danny Wright read the ordinance by title only. Mayor Barron asked fora motion to approve this first reading by title

only. Tom Bramlett made a motion to accept this first reading and Melissia Tomlinson seconded. Roll call: Melissia

Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor Barron

asked for a motion to suspend the rules and continue on to the second reading by title only. Melissia Tomlinson made

a motion to suspend the rules and continue on to the second reading by title only and Bill Burnett seconded. Roll call:

Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City

Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to approve this second

reading by title only. Buddy Curry made a motion to accept this second reading and Bob Fant seconded. Roll call:

Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor

Barron asked fora motion to suspend the rules and continue on to the third reading by title only. Tom Bramlett made a

motion to suspend the rules and continue on to the third reading by title only and Bill Burnett seconded. Roll call:

Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City

Attorney Danny Wright read the ordinance by title only. Mayor Barron asked fora motion to approve this third reading

by title only. Clay Dodson made a motion to accept this third reading by title only and Tom Bramlett seconded. Roll call:

Meiissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City

Attorney Danny Wright read the emergency clause. Mayor Barron asked for a motion to approve the emergency clause.

Buddy Curry made a motion to approve the emergency clause and Bob Fant seconded. Roll call: Melissia Tomiinson,

yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE 2007-10

was approved and goes into effect immediately.

Mayor Barron presented ORDINANCE 2007-11: AN ORDINANCE ADOPTING THE 2002 ARKANSAS FIRE PREVENTION

CODE AND THE NFPA 101 LIFE SAFETY CODE, AND FOR OTHER PURPOSES AND DECLARING AN EMERGENCYTO EXIST.

Mayor Barron asked for a motion to read the Ordinance by title only. Bob Fant made a motion to read the ordinance by

title only and was seconded by Buddy Curry. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom

Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor

Barron asked fora motion to approve this first reading by title only. Bob Fant made a motion to accept this first

reading and Bill Burnett seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett,

yes; Bob Pant, yes; Clay Dodson, yes. Mayor Barren asked for a motion to suspend the rules and continue on to the

second reading by title only. Buddy Curry made a motion to suspend the rules and continue on to the second reading

by title only and Bob Fant seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom

Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor

Barron asked fora motion to approve this second reading by title only. Tom Bramlett made a motion to accept this

second reading and Bill Burnett seconded. Roll call: Melfssia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom

Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor Barron asked for a motion to suspend the rules and continue on

to the third reading by title only. Clay Dodson made a motion to suspend the rules and continue on to the third reading

by title only and Bob Fant seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom

Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only. Mayor

Barron asked for a motion to approve this third reading by title only. Buddy Curry made a motion to accept this third

reading by title only and Bob Fant seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom

Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the emergency clause. Mayor Barron

asked for a motion to approve the emergency clause. Bill Burnett made a motion to approve the emergency clause and

Clay Dodson seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob

Fant, yes; Clay Dodson, yes. ORDINANCE 2007-11 was approved and goes into effect immediately.

Mayor Barron presented RESOLUTION NO. 2007-O7: A RESOLUTION CREATING A TECHNICAL REVIEW COMMITTEE TO

ASSIST CITY OFFICIALS AND THE PLANNING COMMISSION IN CONSIDERATION OF, POSITIT10NS ON, AND DECISIONS

CONCERNING THE VARIOUS PLATS, PLANS, PROPOSALS AND REQUESTSD THAT CAME BEFORE THE JOHNSON

PLANNING COMMISSION. City Attorney Danny Wright stated the purpose of this resolution was to organize the

Technical Review Committee and read the resolution. Mayor Barron asked for a motion to approve this resolution. Bob

Fant made a motion to approve this resolution and Tom Bramlett seconded. Roll call: Melissia Tomlinson, yes; Bill

Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. RESOLUTION 2007-07 was

approved and goes into effect immediately.

Mayor Barron stated that 48"

1 Street has been closed for 2 years because the north end is not complete. Mayor Barron

stated he and City Attorney Wright have tried for 6 months to discuss this issue with the parties involved to no avail and

had sent them each a letter last week and got a response from both. Mayor Barron stated the city is at impasse as to

what needs to be done and is looking for options to get this resolved as the old street is dangerous. Chris Lawson, an

attorney representing Orion Realty and Brandon Rogers, stated Roger's mother was having surgery and apologized for

his absence. Lawson stated his client paid Clear Creek Ventures LLC $300,000.00 to finish the road when he sold his

interest to them, and thatT. Craig Jones, attorney for Clear Creek Ventures LLC, negotiated and wrote the contract.

Buddy Curry stated he drives by that unfinished road twice a day and if the paperwork shows Orion sold out, the city

needs to deal with the current property owners. Curry stated when the preliminary plat was approved the developer

stated they would finish the road and the properly owner is responsible for getting it done. Curry suggested to the

Mayor that the city give the property owners 90 days to complete the road and if not have the city secure funding and

complete the road ourselves. Lawson stated they had no quarrel with the history, but they don't own the property. City

Attorney Danny Wright stated the preliminary plat showed the road, but the city accepted the final plat without the

street being completed. Wright stated it was a mixed bag. If the city accepted the final plat, the road be belongs to the

city and we can't sue to get the street done, but it is the city's road and can be controlled. Wright stated that clear

Creek Ventures, LLC says they have no obligation to complete the road and they are not going to do it.

Recorder/Treasurer Jennifer Allen went to get the council meeting minutes for clarification of what the status of the

development is regarding approval of the final plat. Discussion was had. Wright stated the final plat was not approved

by what he sees, a signed re-plat was but no final. Bob Fant recommended 30 days to have Wright review the situation

and let him recommend how to handle the situation. Mayor Barron stated he would get a cost estimate for completion

of the road.

Mayor Barron asked fora motion to pay the bills for the General and Street Funds which the council had reviewed.

Motion to pay these bills was made by Bob Fantand seconded by Buddy Curry. All approved.

Mayor Barron asked fora motion to adjourn which was made by Bob Fantand seconded by Buddy Curry. All approved

and the meeting was adjourned at 7:32 PM.

Respectfully Submitted,

Lonnie Barron, Mayor