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City Council Minutes

May 8. 2007

City of Johnson
Minutes of Council Meeting
May 8. 2007


Mayor Lonnie Barren called the council meeting to order at 6:03 PM.
Present were Aldermen Buddy Curry, Tom Bramlett, Bob Fantand Clay Dodson. Also present were Chief of Police
Vernon Sisemore, City Attorney Danny Wright, Street Superintendent Randy Birchfield and Recorder/Treasurer Jennifer
Allen. Aldermen Melissia Tomlinson was absent.
Mayor Barron asked for a motion to approve the minutes of the special council meeting held April 9, 2007. Bob Fant
made a motion to approve the minutes as written and Buddy Curry seconded. All approved. Mayor Barron asked for a
motion to approve the minutes of the April 10, 2007 council meeting. Buddy Curry 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 36% increase in reportable crime and 70% increase in calls
compared to last year. Chief Sisemore requested the speed limit be reduced from Wilkerson St. to Ball St. from 30
mph to 25 mph due to the crosswalk from the park. Tom Bramlett made a motion to reduce the speed limit from 30
mph to 25mph from the light at Wilkerson all the way to the light at Carley in both directions, which was seconded by
Buddy Curry. All approved. Chief Sisemore stated the shrubbery blocking the view at the entrance to Saddlebrook had
caused an accident and Mayor Barron stated he would get the POA to take care of it Chief Sisemore stated the new
unit goes into service on May 10, 2007 and they are ready for the new ones as the other cars were limping a long.
Mayor Barron stated the loan was approved and the bank was waiting for a delivery date.
Fire Chief Matt Mills stated the Johnson Area Volunteer Fire Department had made 88 runs year to date compared to
82 runs in the same period last year. Mills stated the JAVFD had conducted a multi-agency drill at the Willow Creek
Women's Hospital. Chief Mills stated the new brush fire truck has been placed in service. Chief Mills stated the
JAVFD received a letter from the ISO representatives stating an additional pumper truck or quint with the personnel to
man them was needed to lower the city's ISO rating to a 4. Mayor Barron stated a grant was submitted by Danny Hale
last week to try to make this happen. Chief Mills stated Assistant Chief Herb Beitel needs one more class to become a
Certified State Fire Marshall and asked that the council consider paying his transportation and lodging to attend class
in Bryant in June.
Street Superintendent Randy Birchfield stated the new city truck was in service. Birchfield stated the department had
cleared off Van Asche, sprayed for weeds, and did striping on Sunday morning while traffic was light.
Recorder/Treasurer Jennifer Allen thanked Connie Test for taking minutes for the April meeting during her illness.
City Attorney Danny Wright stated in response to the collection letter received from Cingular regarding a ten year old
bill, he had requested a copy of the contract and detailed bill and asked the Attorney General's Office for a case
number to be assigned. Wright stated that one criminal appeal to the Circuit Court had been settled. Wright stated
the ordinance for storm water management would be ready for next month. Wright stated in a DWl trial, Sergeant Mike
Neville did an excellent job testifying and avoiding traps being set by the defendant's attorney and his experience really
showed. Wright stated the city should be very proud of their PD.
Mayor Barron stated Danny Hale had sentsome grant applications in and when the city receives money Hale will get
5% from the city, not out of the grant.
Mayor Barron stated EWI had started work on the drainage problem by the Dollar Genera! east of Samantha.
Mayor Barron stated that EDA has started to review and rewrite ordinances for zoning and large scale developments
and hopes to have them here for next month's meeting. Mayor Barron stated EDA did a review of Homeplace Assisted
Living and sent their recommendations back to the designer.
Mayor Barron stated that the city's current Building Inspector, Don Fitzgerald, will retire on 6/30/07 and the city is in
the process of looking for applicants to fill the position.
Unfinished Business:
Mayor Barron stated he would like to have the council approve the Personnel Policy each had received. Discussion was
had about Betty Whittaker and the large number of unused vacation hours she has accrued. Bob Fant stated those
hours are her property and suggested the city pay her out over a period of time to bring her vacation hours into
compliance with the new policy. Buddy Curry stated the committee did a great job getting all of this together. Attorney
Wrightstated the only major change was on page 25 dealing with grievances and the procedure was changed to
recording hearings, appealing to the city council, and then appealing to the circuit court Bob Fant made a motion to
approve the City of Johnson Personnel Policy Manual and was seconded by Tom Bramlett. All approved. Mayor Barron
thanked the committee for their hard work.
Mayor Barron presented RESOLUTION 2007-06, a resolution to approve the city contract with EDA which was read by
City Attorney Danny Wright. Wrightstated the people at EDA were really nice to deal with and really interested in
helping the city. Buddy Curry made a motion to approve RESOLUTION 2007-06 and was seconded by Bob Fant All
approved.
New Business:
Mayor Barron stated Travis Rodgers resigned from the council because he and his family had moved to Rogers and the
position would be filled at the June meeting. Bob Fant made a motion to accept Rodgers' resignation and Buddy Curry
seconded and stated he hated to see him leave. Ail approved.
Mayor Barron stated the city would like to rename the park up in the Saddlebrook subdivision "Bockenstedt Park."
Mayor Barron stated Ed did a great job for the city, and he was the whole street department for a longtime. Mayor
Barron stated the residents of Saddlebrook donated the park to the city and the POA approved of the name change.
Mayor Barron stated there had been two celebrations honoring Ed's retirement, a party and a luncheon. Buddy Curry
stated this was a great idea and made a motion to rename the park "Ed Bockenstedt Park" as most people just know
him as "Ed" and was seconded by Bob Fant All approved. Former Mayor Richard Long asked that he be allowed to
pay for the sign and Mayor Barron approved.
Mayor Barron presented ORDINANCE 2007-03: AN ORDINANCE PROHIBITING INTERFERENCE WITH
TELECOMMUNICATIONS, INCLUDING, BUT NOT LIMITED TO COMPUTERS. INTERNET, AND TELEPHONES WITH THE
INTENTTO PREVENT ITS USETO SUMMON ASSISTANCE OR NOTIFY LAW ENFORCEMENT OF A CRIME, ESPECIALLY
DOMESTIC VIOLENCE OR ABUSE WITHIN THE CITY OF JOHNSON, ARKANSAS. Buddy Curry made a motion to read the
Ordinance by title only and was seconded by Tom Bramlett. Roll call: 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. Tom Bramlettmadea motion to accept this first reading and Clay Dodson
seconded. Roll call: Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor Barren asked for a
motion to suspend the rules and continue on to the second reading by title only. Clay Dodson made a motion to
suspend the rules and continue on to the second reading by title only and Bob Fant seconded. Roll call: Buddy Curry,
yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by title only.
Mayor Barren asked for a motion to approve this second reading by title only. Tom Bramlett made a motion to accept
this second reading and Buddy Curry seconded. Roll call: Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay
Dodson, yes. Mayor Barron asked for a motion to suspend the rules and third reading by title only and Bob Fant
seconded. Roll call: 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. Tom
Bramlett made a motion to accept this third reading and Clay Dodson seconded. Roll call: Buddy Curry, yes; Tom
Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright stated there was no need for an emergency
clause. ORDINANCE 2007-03 was approved and will to into effect in 30 days.
Mayor Barron presented ORDINANCE 2007-04: AN ORDINANCE ESTABLISHING REQUIREMENTS FOR
REIMBURSEMENT OF ENGINEERING FEES AND COSTS AFTER REVIEW OF DEVELOPMENT PLANS IN THE CITY OF
JOHNSON, ARKANSAS. Buddy Curry made a motion to read the Ordinance by title only and was seconded by Clay
Dodson. Roll call: 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. Clay
Dodson made a motion to accept this first reading and Buddy Curry seconded. Roll call: 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 second reading by title only. Bob Fant made a motion to suspend the rules and continue on to the second
reading by title only and Tom Bramlett seconded. Roll call: 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 Bramlettmadea motion to accept this second reading and Bob Fant seconded.
Roll call: Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Fant, yes; Clay Dodson, yes. Mayor
Barron stated this ordinance will get a final reading at next month's meeting.
Mayor Barron stated Charles Cassathad requested an appeal of the Planning Commission ruling on his application to
rezone his property west of the railroad tracks on Main Drive where the fruit stand is. Mayor Barron gave a brief history
of the situation and stated the PC had approved the requests-1 at the 6/26/07 meeting but it required 4 votes
(majority of 7 member board) to pass. Virginia Middleton, attorney for Mr. Cassat stated the PC had voted in their favor
twice and the appeal was to get it before the council in a timely manner and get some resolution. City Attorney Danny
Wright stated that if approved, Middleton had requested all three readings be done tonight with an emergency clause,
but he didn't see an emergency to have a fruit stand, so three readings would be fine and the ordinance would go into
effect in 30 days. Middleton agreed. Buddy Curry stated this issue had been before the PC twice to rezone it and have
it meet city codes. Curry stated that C-l was the best use for the property and the council should pass it Curry made a
motion to approve of the rezoningand continue on to the reading of the ordinance. Middleton stated she had a
petition signed by all of the neighbors in the area and other residents of Johnson and everyone spoken with was fine
with the fruit stand. Clay Dodson seconded Curry's motion. Bob Fant stated general concerns he had heard were about
the looks of the property and the upkeep.
Mayor Barron presented ORDINANCE 2007-05: AN ORD1NANCETO AMENDTHEZON1NG DISTRICT CLASSIFICATION
AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION NO. 2006-15 AND DECLARING AN
EMERGENCYTO EXIST. Buddy Curry made a motion to read the Ordinance by title only and was seconded by Clay
Dodson. Roll call: Buddy Curry, yes; Tom Bramlett, no; Bob Fant, yes; Clay Dodson, yes. A majority of 4 votes was
required to proceed so Mayor Barron voted yes. City Attorney Danny Wright read the ordinance by title only. Mayor
Barron asked fora motion to approve this first reading by title only. Buddy Curry made a motion to accept this first
e
reading and Clay Dodson seconded. Roll call: Buddy Curry, yes; Tom Bramlett, no; Bob Fant, yes; Clay Dodson, yes;
Mayor Barron, yes. Mayor Barron asked for a motion to suspend the rules and continue on to the second reading by
title only. Clay Dodson made a motion to suspend the rules and continue on to the second reading by title only and
Buddy Curry seconded. Roll call: Buddy Curry, yes; Tom Bramlett, no; Bob Fant, yes; Clay Dodson, yes; Mayor Barron,
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 Clay Dodson seconded.
Roll call: Buddy Curry, yes; Tom Bramlett, no; Bob Fant, yes; Clay Dodson, yes; Mayor Barron, 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 Buddy Curry seconded. Roll call: Buddy Curry,
yes; Tom Bramlett, no; Bob Fant, yes; Clay Dodson, yes; Mayor Barron, 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 readingand Clay Dodson seconded. Roll call: Buddy Curry, yes; Tom Bramlett, no; Bob
Fant, yes; Clay Dodson, yes; Mayor Barron, yes. City Attorney Danny Wright stated passage of this ordinance was not
deemed an emergency to the City of Johnson so there was no need for an emergency clause. ORDINANCE 2007-05
was approved and will go into effect in 30 days.
Mayor Barron asked for a 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 Fant and seconded by Tom Bramlett. All approved.
Mayor Barron asked fora motion to adjourn which was made by Tom Bramiett and seconded by Bob Fant. All approved
and the meeting was adjourned at 7:12PM.