City Council Minutes
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City Council Minutes

December 11,2007

CITY OF JOHNSON COUNCIL MEETING
DECEMBER 11,2007


The City of Johnson Council meeting was called to order at 6:00 p.m. on Tuesday
December 11, 2007, by City Recorder/Treasurer Jennifer Allen, in the absence of mayor Lonnie
Barron. Council members present were Melissia Tomlinson, Buddy Curry, Tom Bramlett, Bob
Fant and Clay Dodson. Other city representatives present were Police Chief Vernon Sizemore,
City Attorney Danny Wright, Street Superintendent Randy Birchfield, Building Official Matt
Bailey, Fire Chief Matt Mills and Connie Test, Secretary of Planning Commission, acting City
Recorder. Bob Fant moved to approve the minutes from the November 13,2007 meeting. Tom
Bramlett seconded and the motion carried., unanimously.
The department heads gave reports as follows: The police department answered 1063 calls,
worked 91 accidents, opened 20 new cases and closed 6, The fire department answered 256
calls which was a 24% increase for the month. The street department reported attendance at a
class at Bentonville. The building official reported that they issued 16 permits and 26 code
compliances. The Recorder/Treasurer reported that the city wouJd stay with the current
insurance company, The City Attorney advised that appeals are up and that he had a letter from
Jimmy Rappert regarding tree removal for $500.00. Bob Fant moved that the city settle for
$200.00. Tom Bramlett seconded and the motion carried unanimously.
RESOLUTION 2007-11 APPROVING AGREEMENT WITH CEMS REGARDING
EMERGENCY MEDICAL SERVICES COMMITTING FUNDS TO PAY. Read by Danny
Wright. Buddy Curry moved to accept. Bob Fant seconded, carried unanimously.
Bob Fant moved to appoint Dan Cross and Connie Test for another term of planning
commissioner, each for 4 years. Clay Dodson seconded and the motion carried unanimously.
, AT&T FRANCHISE-Tabled until the mayor is present
RESOLUTION 2007-09 AMENDING RESOLUTION 2006-04, the 2007 budget. Danny
Wright read the Resolution. Bob Fant moved to amend the 2007 budget, Buddy Curry seconded.
Roll call vote, all voted in favor.
2008 BUDGET: Buddy Curry suggested that discussion of this wait until the mayor was
present. Melissi'a Tomiinson would like for the mayor's salary to be increased. This was tabled
until next month.
48 th STREET: The mayor is working on 48th. Street and will have a report next month.
ORDINANCE 2007-19 ESTABLISHING JOHNSON, ARKANSAS, MUNICIPAL
PROPERTY OWNERS IMPROVEMENT DISTRICT, (MPOID) NO. 1-THE STEPS AT
JOYCE.
Attorney Danny Wright opened the public meeting regarding the MPOID. Jim McCord
was present representing property owners and advised that there was a petition signed by all
property owners in the district. A representative from Springdale Schools, Ronnie Bradshaw,
inquired as to whether any Springdale Schools would be involved in this and was assured that
none were in this area.
No one spoke against this.
At 6:20 the public meeting was closed.
Motion was made to read the Ordinance by title only by Tom Bramtett, seconded by
Buddy; Curry; roll call vote was unanimous yes.
DANNY WRIGHT READY THE ORDINANCE BY TITLE ONLY
FIRST READING: Motion by Bob Fant, second by Buddy Curry; roll call vote unanimous
yes.
SUSPEND RULES-CONTINUE TO SECOND READING: Motion by Buddy Curry,
second by Tom Bramlet; roll call vote unanimous yes.
SECOND READING: Motion by Bob Fant, second by Buddy Curry; roll call unanimous
yes.
SUSPEND RULES-CONTINUE TO THIRD READING: Motion by Tom Bramlett, second
by Clay Dodson; roll call vote unanimous yes.
THIRD READING Motion by Tom Bramlett second Bob Fant; roll call vote unanimous
yes.
ORDINANCE 2007-19 IS APPROVED EFFECTIVE 31 DAYS FROM APPROVAL
PUBLIC HEARING ON TAX INCREMENTAL FINANCING DISTRICT: Attorney Danny
Wright opened the public hearing. The floor will be open 20 minutes. John Bryant, Jim
McCord, Kathy Deck and Tracy Hoskins were present to present information in favor of the TIF.
The counsel voiced concerns about the City of Johnson's responsibility if the developer
defaults, The City's credit rating, and whether the City's name will be on the bonds^ to mention a
few. The counsel was assured that the City of Johnson will not be responsible if the developer
defaults; that the City does not have a credit rating and that a default by the developer would not
affect the City from borrowing money and that yes, the city's name would be on the bonds.
Tracy Hoskins advised the counsel that repayment would be by the TIP program not the City.
Ronnie Bradshaw, from the Springdale Schools and Bob Bova were among those not in favor of
the TIP program.
At 6:40 Attorney Danny Wright closed the public meeting and the council began their
discussion. There was a lengthy discussion as to whether or not the Steps at Joyce would be
considered a "blighted area".
Buddy Curry moved to Read the Ordinance by Title Only, seconded by Melissia
Tomlinson; roll call vote carried with MeJissia Tomlinson voting "no".
DANNY WRIGHT READ THE ORDINANCE BY TITLE ONLY. •
Buddy Curry moved to accept the First Reading, Tom Bramlett seconded and the roll call
vote carried with Melissia Tomlinson voling "no".
Tom Bramlett moved to Suspend the Rules and Continue to Second Reading, Buddy
Curry seconded and the roil call vote carried with Melissia Tomlinson voting "no"
Buddy Curry moved to accept the Second Reading, Melissia Tomlinson seconded and the
roll call vote carried with Melissia Tomlinson voting "no".
Tom Bramlett moved to Suspend the Rules And Continue to the Third Reading, seconded
by Bob Fant (Buddy Curry). The roll call vote was Tom Biamlett, Buddy Curry and Clay
Dodson voting yes and Melissia Tomlinson and Bob Fant voting "no".
The TIF matter will be addressed at the January meeting.
PLANNED UNIT DEVELOPMENT REZONING ORDINANCE FOR PROPERTY
COMPARISON-THE STEPS AT JOYCE. Attorney Danny Wright advised that the City of
Johnson staffhas been unable to locate the petition that would have been filed for a rezoning to
the Planning Commission. Mr Hoskins advised that he had made all of the changes requested
by the planning commission and had created a new booklet of the Steps at Joyce. Danny
Wright explained the proper procedures required by the PUD Ordinance and it seemed unclear
whether or not everything had been done. This is the first PUD rezoning petition that has been
presented. After further discussion, Attorney Wright suggested that the Request for the PUD
rezoning be started anew, with proper notification and a hearing before the Planning
Commission. The Council was in agreement that this matter should go back before the planning
commission.
APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION DECISION REQUIRING
THAT THE PRIVATE DRIVE BE LEFT OPEN AS A CONDITION OF PRELIMINARY
PLAT APPROVAL FOR THE STEPS AT JOYCE.
Jirn Crouch was present on behalf of Pat Burton with two other property owners directly affected
by the closing/opening of the street. Danny Wright advised that the Planning Commission acted
within their rights. Those present spoke of concerns of traffic safety, care of the private street,
and description of the proposed street: that would service these property owners and customers.
Buddy Curry moved to deny the appeal. This motion died for lack of second. Bob Fant
moved to table this appeal until the January meeting. Buddy Curry seconded and the motion
carried unanimously.
The Planning Commission did not have a December meeting planned but would find a date for
the PUD hearing before the next counsel meeting.
Randy Brichfield asked the counsel to approve a one time raise of $125.00 for each city
employee. Bob Fant moved to do this. Buddy Curry seconded and the motion carried
unanimously.
Bob Fant moved to pay bills, ClayDodson seconded and the motion carried unanimously.
The meeting was adjourned