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City Council Minutes

April 8, 2008

City of Johnson

Minutes of Public Hearing

April 8. 2008

Mayor Lonnie Barren called the public hearing to order at 5:30 PM.

The City of Johnson intends to adopt by reference a technical code entitled "City of Johnson Flood Damage

Prevention Code".

No comments were made.

Mayor Barron closed the public hearing at 5:55 pm

City of Johnson

Minutes of Council Meeting

April 8. 2008

Mayor Lonnie Barron 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 Police Chief Vernon Sisemore, City Attorney Danny Wright, Recorder/Treasurer

Jennifer Allen, Street Superintendent Randy Birchfield, Building Official Matt Bailey and Fire Chief Matt Mills.

Mayor Barron asked for a motion to approve the minutes of the March 11, 2008 Council meeting. Bili Burnett

made a motion to approve the minutes as written and Buddy Curry seconded. All approved.

Monthly Report of Department Heads:

Police Chief Vernon Sisemore introduced Officer Jimmy Wicker to the council. Chief Sisemore stated JPD had

opened 14 cases and closed 6. Chief Sisemore thanked the Street and Fire Departments forthe great job

they did in the flood on March 31, 2008.

Fire Chief Matt Mills stated there have been 76 calls year to date compared to 62 this time last year and

there have been 2 illegal burns. Mills stated Fire Marshal Herb Beitel did 20 inspections, 9 follow-ups last

month. Chief Mills stated 2 fire fighters have been certified in swift water rescue. Chief Mills stated on

3/31/08 there were 25 rescues and resident assists during the flooding. Chief Mills stated theJAVFD has

purchased a boat for $1900.00 and needs to purchase a motor for about the same amount. Mayor Barron

expressed his appreciation for the excellent job the fire department did during the flood.

Street Superintendent Randy Birchfield stated the 7' brush hog was worn out and he was replacing it with a

smaller 5' model. Birchfield thanked the Mayor and Chief Mills for their letters of appreciation for the

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department's hard work during the recent floods saying it meant a lotto him and the guys. Birchfield stated

he had promoted Jesse Mackey to Foreman. Mayor Barren thanked Birchfield again for his department's

overtime and hard work. Buddy Curry stated as a citizen of Johnson, he wanted to thank the street and fire

departments for their quick response.

Building Official Matt Bailey stated 13 permits and 4 certificates of occupancy had been issued. Bailey stated

he had done 22 inspections and there had been 12 code violations. Bailey stated he would be attending a

code official conference in Hot Springs this month.

Recorder/Treasurer Jennifer Allen stated the second business license reminder letters have been sent out

and 83 have been purchased year to date.

City Attorney Danny Wright stated there were no new lawsuits! Wright stated the first suit is at a permanent

stay until the man pays his judgment from the last time he sued. Wright stated the suit with the insurance

agent on the PUD zoning was because there is supposed to be a public hearing before the council meeting

when a rezoning is appealed.

Wright stated the Municipal League has agreed to defend the city in the Neville suit against the city and Chief

Sisemore. Wright stated there are no new appeals. Wright stated that Tom Kieklak is an attorney who has

worked for the Municipal League and has handled many de-annexation cases and has expertise and

knowledge in this area. Wright recommended the council hire Kieklak on an hourly basis to help the city in

the situation with Fayetteville. Mayor Barron stated Kieklak is highly qualified and asked for a motion to

retain him on an hourly basis. Melissia Tomlinson made a motion to employ Tom KEeklak as needed and was

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

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

Mayor Barron stated they are making progress on 48

th street, but the weather has caused some delays.

Street Superintendent Randy Birchfield stated curbing was in and they are working towards laying asphalt.

Mayor Barron stated the dirt work has been started on the hotel and they will be getting their building permit

as soon as possible.

Mayor Barron stated theShoppes at the Mill has received their permanent electric permits but would not

receive any Certificates of Occupancy until the drainage situation was straightened out.

Mayor Barron stated Danny Hale had applied for a grant for a new fire truck and a grant for fire equipment

and the city had received a letter from Senator John Boozman in support of these applications. Mayor

Barron stated the outcome of the storm siren grant is still unknown.

Mayor Barron stated the trash service conversion has gone well and the city is selling a lot of trash bags.

Mayor Barron stated there has been a lot of concern about the flooding and Tom Henley of H2 Engineering is

here to talk about the flooding on Great House Springs Road. Henley stated there was a 30" pipe underneath

Great House Springs Road to drain a huge watershed. Henley stated his firm has designed new drainage to

replace the pipe with 410' by 4' box culverts 28' long with excavation on the north side and a levy on the

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south. Henley stated the Corps of Engineers requires a 404 Permit o excavate the channel but because of the

flooding they were OK to fix the problem and permit it later. Henley stated the cost of the project would be

almost $100,00.00 and asked if the city would agree to share part of the cost Melissia Tomlinson stated that

a $100,000.00 project should be let out for bid. Buddy Curry stated the developers should pay for it since

there wasn't any flooding until things were built up north. Discussion was had. Mayor Barron stated he met

with Brandon Rogers and Steve Hesse more than a year ago to discuss the drainage problem and the city has

already paid $30,000.00 to correct this. Henley stated the work would be done with or without cost sharing,

he just wanted to ask.

Unfinished Business:

None

New Business:

Mayor Barron recognized Linda Youngman, chairman of the Johnson Festival Committee, who stated 75

children were at the 1

st annual Easter Egg Hunt and ft went well. Youngman stated the JFC has also a

Community Day ion July 12 which will include a City Wide Yard Sale in the triangle area by Hewitt & Ball St.

and entertainment in the park. Mayor Barron thanked the committee and said he looked forward to hearing

from them again.

City Attorney Danny Wright presented ORDINANCE 2008-03: AN EMERGENCY ORDINANCE APPROVING AN

INTERLOCAL AGREEMENT FOR AMBULANCE SERVICES ("AGREEMENT") BETWEEN WASHINGTON COUNTY,

ARKANSAS ("COUNTY") AND THE CITIES OF ELKINS, FARM1NGTON, FAYETTEV1LLE, GOSHEN, GREENLAND,

LINCOLN, PRAIRIE GROVE, WEST FORK, WINSLOW AND JOHNSON ("CITIES"); AND TO ESTABLISH THE

AMBULANCE AUTHORITY AND CENTRAL EMERGENCY MEDICAL SERVICES AS THE EXCLUSIVE EMERGENCY

AND NON-EMERGENCY AMBULANCE SERVICE WITHIN THE CITIES. Wright stated that the reading last month

doesn't count as there have been substantial changes to the agreement. Mayor Barron asked for a motion to

read the Ordinance by title only. Buddy Curry made a motion to read the ordinance by title only and was

seconded by Bob Fant. 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 first reading by title only. Bill Burnett made a motion to accept this

first reading and Melissia Tomlinson seconded. Roll call: Melissia Tomiinson, 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. Tom Bramlett made a motion to accept this second reading and Bill Burnett

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. Buddy Curry 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.

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Mayor Barren asked for a motion to approve this third reading by title only. Bill Burnett made a motion to

accept this third 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 emergency clause. Mayor Barren asked for a motion to approve the emergency clause. Buddy Curry

made a motion to approve the emergency clause and Clay Dodson seconded. ORDINANCE 2008-03 was

approved and will go into effect immediately.

City Attorney Danny Wright presented RESOLUTION 2008-07: FLOOD DAMAGE PROTECTION PUN stating it

was a requirement from FEMA.Tom Bramlett asked to review the map. Matt Bailey got the maps and they

were reviewed. City Attorney Danny Wright read the resolution. Mayor Barron asked for a motion to approve

Resolution 2008-07 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.

RESOLUTION 2008-07 was approved.

Mayor Barron presented ORDINANCE 2008-07: BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF

JOHNSON, ARKANSAS, AN ORDINANCE TO BE ENTITLED: "AN ORDINANCE PROVIDING FOR THE

ESTABLISHMENT OF A FLOOD DAMAGE PREVENTION PROGRAM FOR THE CITY OF JOHNSON." Mayor Barron

asked for a motion to read the Ordinance by title only. Buddy Curry made a motion to read the ordinance by

title only and was seconded by Bill Burnett. 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 first reading by title only. Bill Burnett 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. Buddy Curry 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 Bill Burnett

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. Bob Fant 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. Bill Burnett made a motion

to accept this third reading by trtle only and Melissia Tomlinson seconded. Roll call: Melissia Tomlinson, yes;-

Bi!! Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE 2008-07

was approved and will go into effect in 30 days.

Mayor Barron updated the council on the proposed de-annexation, stating the WG Land Co. has 275 acres,

but the map from Fayetteville shows 420 acres, 18% of the City of Johnson. Mayor Barron stated as far as he

knows no private citizens or the concrete companies have been approached. Mayor Barron asked

Fayetteville Operations Officer Gary Dumas to put their plans in writing and referred the council to the "letter

of understanding" dated 3/28/08 making promised without no time table or deadlines. Mayor Barron asked

if there was anyone from Fayetteville who wish to speak (there wasn't) and stated both Mayor Goody and Gary

Dumas declined his invitation to make a presentation to the council and take questions. Mayor Barren stated

most of the property in this area has Fayetteville sewer and water. Mayor Barren stated Johnson stands to

loses ways; 1- property tax, 2 - sales tax, 3 - population. Bob Fant stated he had served the longest on the

council and in the past, the two cfties had worked together to take care of the one lane bridges to create

access to Steele Crossing, they needed us and we needed them. Fant stated the attitude of Fayetteville has

changed and they don't care if they hurt small towns in the process. Fant stated we should do everything in

our powerto prevent this from taking place and appeal to Fayetteviileto return to a cooperative mind. Buddy

Curry stated there is nothing for us in this proposition and if they get it what is to stop them from taking more?

Curry stated we should fight this with every penny we've got because if we don't we will lose 1/5 of our city.

Police Chief Vernon Sisemore stated he has talked to people who can pay for water and sewer and

Fayetteville won't let them tie, it is coercion. Fant stated he didn't want to pick a fight but would rather work it

out. Mayor Barren stated there were 2 issues: Fayetteville showing the map of property they intend to take in

and WG Land Co. petition us for service, if we can't provide they can de-annex. City Danny Wright stated Fant

had a good point, the we need to take the approach with Fayetteville and WG Land Co. to work together. Fant

stated he was officially appealing to Fayetteville to work with the City of Johnson. Mayor Barren stated he and

Wright would meet with Fayetteville and will reach out and see what they propose.

Mayor Barren asked for a motion to pay the bills for the General, Street, Act 988 and Court Automation Funds

which the council had reviewed. Motion to pay these bills was made by Bob Fant and seconded by Buddy

Curry. All approved.

Mayor Barren asked for a motion to adjourn which was made by Tom Bramlett and seconded by Bob Fant.

All approved and the meeting was adjourned at 7:53 PM.

Respectfully Submitted,

Lonnie Barron, Mayor