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City Council Minutes

July 8. 2008

City of Johnson
Minutes of Public Hearing
Annexation of Property into the City
July 8. 2008


Mayor Lonnie Barren called the Public Hearing to order at 5:30 PM. Mayor Barren asked if anyone was
present to speak either for or against the proposed annexation. Rick Hoyt introduced himself as a landowner
in the proposed annexation area stating he has lived in Johnson for the last 25 years and is against the
annexation. Hoyt listed his reasons and discussion was had. Mayor Barron called the meeting to a close at
5:55 pm.


City of Johnson
Minutes of Council Meeting
July 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 Assistant Fire Chief
Herb Beitel.
Mayor Barron asked for a motion to approve the minutes of the June 10, 2008 Council meeting. Bob Fant
made a motion to approve the minutes as written and Buddy Curry seconded. All approved.
Monthly Report of Department Heads:
Police Chief Vernon Sisemore stated it was a very quiet month.
Asst. Fire Chief Herb Beitel stated there have been 148 calls year to date up 16%. Beitel stated it had been a
quiet month with lots of training.
Street Superintendent Randy Birchfield stated a good job had been done on the Main Drive overlay. Birchfield
stated the flag pole is going up and the lights and block will be in soon.
Building Official Matt Bailey stated 9 permits had been issued, and he had done 13 inspections. Bailey stated
in his reviewing of businesses in Johnson there were a number that were not licensed and he was working on
it
Recorder/Treasurer Jennifer Allen stated 2 new CD's had been purchased at 3%. Allen stated each Alderman
had received a copy of a bid for a new computer system including a proper server for the court to be paid out
of the Court Automation Fund. City Attorney Danny Wright stated this is a budgeted item and therefore
required no vote.
City Attorney Danny Wright thanked the council for sending him to the Arkansas Municipal League meeting.
Wright stated there was a lot of great information to be obtained there and encouraged members of the
council to put it on their calendars for next year. Wright stated the city had received a collection letter for
telephones and he had written a letter requeting more information and had gotten no response. Wright stated
that with Setsky in prison, the dog bite lawsuit is at a standstill. As for the PUD lawsuit, Wright stated the
insurance agent's lawyer had said once it passed the city would be dropped. Wright stated the Neville suit
had been amended to include Chief Sisemore in an individual capacity.
Mayor Barron stated that Springdale completed Main Drive. Mayor Barron stated the contracted amount for
our portion was $82,000, but the actual price was a little over $48,000. Mayor Barron stated the striping
would be completed when they could get to it This was the first time Main Drive had been paved in 20 years.
Mayor Barron stated 48th St. is not quite done. Mayor Barron stated the original contract had been for roughly
$206,000 but with the guardrail and rip rap we added the actual cost would be $215,502.
Mayor Barron stated Saturday, July 12th would be Johnson Community Day sponsored by the Johnson Festival
Committee. Detective Denny Upton, a member of the committee, stated there would be food, music, vendors
and it was intended to be a positive way to promote the City of Johnson. Upton also stated there had been a
tree planted in the city park for the Christmas program.
Mayor Barron stated the Townplace Suites Hotel has a fourth floor and a roof and the rough in has begun.
Mayor Barron stated he has had EDA look at replacing the low water bridge on Ball Street and the creek
drains 17,913 acres so it is no wonder it floods and the road has to be closed every time it rains. Mayor
Barron stated it would take a big bridge to cross it and they were looking for a source of financing.
Mayor Barron stated the Trails Committee was moving along with the Clear Creek Trail and it will be beautiful.
The committee is looking at all the possibilities and looking for financing.
Mayor Barron stated the council had probably heard of the NWA Mobility Authority, but the city has not been
asked to join. Mayor Barron stated if asked Johnson would be a member without representation and he sees
no benefit to the city.
Mayor Barron stated he hopes the flag pole donated by Fadil Bayyari can be dedicated to Barbara Dillard in
the next few weeks.
Mayor Barron stated there is nothing new in the possible de-annexation of South Johnson. Mayor Barron
stated there have been a total of 5 meetings and no others are scheduled.
Unfinished Business:
Mayor Barron presented ORDINANCE NO. 2008-10: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF JOHNSON, AND FOR OTHER PURPOSES. Buddy Curry stated Mr. Hoyt had asked which of 5 state statutes the land was being annexed
under and City Attorney Danny Wright stated it was Ark. Ann. 14-40-402, #2 lands-timber or farm as Clear
Creek does not have terminal streets and property is needed to give access to emergency personnel. Mayor
Barren 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 Melissia Tomlinson. Roll call: Melissia Tomlinson, yes; Bill
Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. The legal notice about this
meeting was published June 13. 2008. City Attorney Danny Wright read the ordinance by title only and Mayor
Barron asked for a motion to approve this first reading. Buddy Curry made a motion to approve this first
reading and was seconded by Tom Bramlett. Bob Fant stated he had mixed emotions and understands how
Mr. Hoytfeels when he states he is against this. Buddy Curry stated he feels for Mr. Hoyt, too, because he
was annexed into the city by vote. Roll call: Melissia Tomlinson, no; 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 the second reading by title only and was seconded by Tom Bramlett. Roll call: Melissia
Tomlinson, no; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City
Attorney Wright suggested extending the courtesy of choosing which zoning classification Mr. Hoyt would like
his property brought into the city. Buddy Curry asked to hold the third reading until next month so Mr. Hoyt
could decide.
New Business:
Mayor Barron presented the Agreed Upon Procedures Report from the Division of Legislative Audit for the
years 2005 and 2006. Bob Fant stated he just wanted to make sure the items on it had been corrected and
Mayor Barron assured him they will be with the approval with the budget approval resolution next on the
agenda.
Mayor Barron presented RESOLUTION 2008-09: A RESOLUTION AMENDING RESOLUTION 2007-10, THE
BUDGET FOR THE CITY OF JOHNSON, ARKANSAS, FOR THE TWELVE (12) MONTHS BEGINNING JANUARY 1,
2008, AND ENDING DECEMBER 31, 2008, TO INCLUDE BUDGETS FOR THE DRUG, LOCAL POLICE AND FIRE
RETIREMENT, ACT 988 - MOTOR VEHICLE LIABILITY INSURANCE, WARRANT SERVICE AND COURT
AUTOMATION FUNDS OFTHE CITY APPROPRIATING MONEY FOR EACH AND EVERY ITEM OF EXPENDITURE
THEREIN PROVIDED AND FOR OTHER PURPOSES. Mayor Barron stated the presentation of these budgets is to
bring us into compliance with the audit report discussed previously. City Attorney Danny Wright read the
resolution and Mayor Barron asked for a motion to approve Resolution 2008-09. This was made by Bob Fant
and seconded by Tom Bramlett. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom
Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. RESOLUTION 2008-09 WAS APPROVED.
Mayor Barron presented ORDINANCE 2008-12: AN ORDINANCE AMENDING ORDINANCE 2006-09. City
Attorney Danny Wright stated the purpose of this ordinance is to reduce the booking fee fine from $3.00 to
$2.00 to try to eliminate any surplus. 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 and Mayor Barron asked for a motion to approve this
first reading. Bob Fant made a motion to approve this first reading and was seconded by Buddy Curry. Roll call: Melissia Tomlinson, no; Bill Burnett, yes; 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. Buddy Curry made a motion to suspend the rules and continue on the second reading by title only
and was seconded by Bill Burnett. 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 ordinance by title only and
Mayor Barron asked for a motion to approve this second reading. Buddy Curry made a motion to approve this
second reading and was seconded by Tom Bramlett. 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 the third reading 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 and Mayor Barron asked fora motion to approve this
third reading. Bob Fant made a motion to approve this second reading 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. ORDINANCE 2008-12 WAS APPROVED.
Mayor Barron presented ORDINANCE 2008-13: AN ORDINANCE REQUESTING APPROVAL OF REZONING FROM
(XL TO C-3 FOR PROPERTY LOCATED AT 1621 MAIN DRIVE TO BE CALLED EASTSIDE AUTO SALES. Buddy Curry
excused himself from the proceedings stating he was representing the owner and abstained from voting.
Mayor Barron asked for a motion to read the ordinance by title only. Bill Burnett made a motion to read the
ordinance by title only and was seconded by Tom Bramlett. Roll call: Melissia Tomlinson, yes; Bill Burnett,
yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny Wright read the ordinance by
title only and Mayor Barron asked for a motion to approve this first reading. Tom Bramlett made a motion to
approve this first reading and was seconded by Bill Burnett. Roll call: Melissia Tomlinson, yes; Bill Burnett,
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. Bill Burnett made a motion to suspend the rules and
continue on the second reading by title only and was seconded by Tom Bramlett. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Danny
Wright read the ordinance by title only and Mayor Barron asked fora motion to approve this second reading.
Bob Fant made a motion to approve this second reading and was seconded by Tom Bramlett. Roll call:
Melissia Tomlinson, yes; Bill Burnett, 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 the third reading by title only and was seconded by Clay Dodson.
Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City
Attorney Danny Wright read the ordinance by title only and Mayor Barron asked for a motion to approve this
third reading. Bob Fant made a motion to approve this second reading and was seconded by Clay Dodson.
Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay
Dodson, yes. ORDINANCE 2008-13 WAS APPROVED.
Mayor Barron 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 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 Bob Fant and seconded by Buddy Curry.
All approved and the meeting was adjourned at 6:58 PM.