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City Council Minutes

June 10. 2008

City of Johnson
Minutes of Council Meeting
June 10. 2008


Mayor Lonnie Barron declared a quorum present with his vote and called the council meeting to order at
6:02 PM.
Present were Aldermen Bill Burnett, Buddy Curry and Bob Fant 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. Aldermen Melissia Tomlinson, Tom Bramlett
and Clay Dodson were absent
Mayor Barron asked fora motion to approve the minutes of the May 13, 2008 Council meeting. Buddy Curry
made a motion to approve the minutes as written and Bob Fant seconded. All approved with Mayor Barren's
vote.
Monthly Report of Department Heads:
Police Chief Vernon Sisemore stated JPD had closed 13 of the 21 cases opened. Chief Sisemore stated the
department was down 2 officers with Officer Womack injured and a new hire being trained.
Fire Chief Matt Mills stated there have been 118 calls year to date up 13%. Mills stated a fire fighter was
attending EMT school at NWACC.
Street Superintendent Randy Birchfield had nothing new to report
Building Official Matt Bailey stated 20 permits had been issued, there had been 10 code complaints and he
had issued 2 certificates of occupancy.
Recorder/Treasurer Jennifer Allen stated there was a list of recurring bills in the aldermen's packets as
requested at the May meeting. Bob Fant made a motion to approve Allen paying bills on the list to avoid late
payments and penalties and was seconded by Buddy Curry. All approved with Mayor Barren's vote. Alien
stated all should have received an Agreed upon Procedures Report for 2005 & 2006 from the Department of
Legislative Audit and asked the aldermen to review it for discussion at the next meeting.
City Attorney Danny Wright stated for the 3rd month in a row there were no new lawsuits! Wright stated the
suit with the insurance agent may be coming to an end and the Neville suit with had been amended to
include Chief Sisemore personally. Wright asked the aldermen to review the ordinance to reduce the booking
fee fine that was put in place last year. Wright stated It has created a surplus and the since the money
collected can only be used to pay that fee, the fine needs to be reduced.
Mayor Barron stated that 48th Street is open and working well and Springdale will start on Main Drive this
month. Mayor Barron stated the Children's Museum proposal has been turned down.
Mayor Barron stated they have started on the 3rd floor of the Townplace Suites hotel.
Mayor Barron stated that the low water bridge on Ball Street needs to be fixed and there might be money
available from the state. Mayor Barren stated the road has to be closed every time it rains and he'd like to
get it done if we can.
Mayor Barren stated he has met with Mayor Goody and Gary Dumas and the lawyers about the possible deannexation
of South Johnson. Mayor Barren stated he is just trying to work it out and nothing can be done
without the council's approval.
Mayor Barren stated he wanted to skip down the agenda to discuss employee health benefits. Tamera
Kelley-Kent of Legacy Capital Group stated she and Recorder/Treasurer Jennifer Allen had been looking at
ways to provide better health benefits for city employees and save the city money in the process. Buddy Curry
stated he was all for better coverage at an equal or less price. Bob Fant stated MHBF has been there a long
time and other companies get you in with cheaper rates at first and then they sky rocket Kelley-Kent stated
small businesses are protected by state law. Discussion was had. Bob Fant made a motion to have the
health questionnaires completed so firm quotes can be obtained and Buddy curry seconded. All approved
with Mayor Barron's vote.
Unfinished Business:
Mayor Barren asked for a motion to take ORDINANCE 2008-08: AN ORDINANCE ACCEPTING A NEW
ADDITION TO THE CITY OF JOHNSON, ARKANSAS, TO BE KNOWN AS HAWK'S LANDING SUBDIVISION, AN
ADDITION TO THE CITY OF JOHNSON, ARKANSAS off the table so it could be discussed. Bob Fant made the
motion and Bill Burnett seconded. All approved with Mayor Barron's vote. Mayor Barren stated discussion
could take place after the first reading and asked fora motion to read the ordinance by title only. Bob Fant
made a motion to read the ordinance by title only and was seconded by Bill Burnett. Roil call: Bill Burnett,
yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barren, yes. City Attorney Danny Wright read the ordinance by
title only. David Prewitt, Chief Operating Officer and general counsel for WWW Johnson South, LLC stated the
final plat of Hawks Landing was tabled last month because all of the infrastructure work was not done.
Prewitt stated they have contracted with Ames Construction forthe work requested with a completion date of
July 11, 2008. Prewitt stated the final plat approval was needed to close a sale with IF World Technology for
an existing building and lot 1 has a large scale development approved but the lot safe is pending approval of
the final plat Prewitt stated his group was the lead developer out at Willow Creek, and have already spent
$390,000.00 on Hawks Landing Drive and 80% of the work requested is already done. Prewitt stated his
group has taken some steps to alleviate the council's concerns, that they can be assured the work will be
completed based on past history, and they have also had a completion bond issued by Travelers Insurance in
the amount of $100,748.00 for widening Main Drive on the south side, sidewalks, street lights and public
improvements. Jeremy Webb of IF World Technology stated their current lease in the old IBM building will
expire on 6/30/22008 and it is extremely important to get the final plat approved tonight so he can move to
Johnson and bring in other high tech businesses. Buddy Curry stated it was tabled last month because the
council did not have enough information, and he was still a little shaky on the bonds. Bob Fant stated the
bond means the insurance company is going to write a check for the street if it isn't done, but they do have a
good track record in town and they do have the bond and we want the business in our city. City Attorney
Danny Wright stated he has reviewed the completion bond and it gives them a year for completion. Wright
stated there is some jeopardy as businesses expect a certificate of occupancy and access roads when they
are completed and ready to move in. Richard McKeehan, engineer for the project stated the road is usable
for police and fire now, and water, hydrants and sewer are already done. McKeehan stated they were trying
to get it done correctly rather than do an interim lot split. Mayor Barren stated he had talked with Ames today
and he had no doubt the job would get done. Mayor Barron stated he appreciated the drainage and new
road being put in. Bill Burnett stated he appreciated the follow through and having the council's concerns
addressed. Steve Hesse of EDA stated there were still some small issues to be addressed. Mayor Barron
stated after discussion that the plat will have the EDA letter attached to it. Mayor Barron asked fora motion
to approve the first reading by title only. Bill Burnett made a motion to approve the first reading by title only
and Bob Fant seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barren, 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 Bob
Fant seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney
Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to approve the second
reading by title only. Bob Fant made a motion to approve the second reading by title only and Bill Burnett
seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, 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 Bob Fant seconded. Roll
call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny Wright read
the ordinance by title only. Mayor Barron asked for a motion to approve the third reading by title only. Bob
Fant made a motion to approve the third reading by title only and Bill Burnett seconded. Roll call: Bill
Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. ORDINANCE 2008-08 was approved.
New Business:
Mayor Barron presented ORDINANCE NO. 2008-09: AN ORDINANCE TO RENAME THE SOUTHERN PORTION
OF 48™ STREET AND TO NAME THE NEW STREET WHICH RUNS NORTH FROM GREAT HOUSE SPRINGS
BETWEEN JAMES ATTHE MILL AND CHAMBERS BANK. 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
Bob Fant. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny
Wright read the ordinance by title only. Mayor Barron asked for a motion to approve the first reading by title
only. Bob Fant made a motion to approve the first reading by title only and Buddy Curry seconded. Roll call:
Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, 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 Bob Fant seconded. Roll call: Bill
Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny Wright read the
ordinance by title only. Mayor Barron asked for a motion to approve the second reading by title only. Buddy
Curry made a motion to approve the second reading by title only and Bill Burnett seconded. Roll call: Bill
Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, 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: Bill Burnett, yes;
Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny Wright read the ordinance by title
only. Mayor Barron asked for a motion to approve the third reading by title only. Bob Fant made a motion to
approve the third reading by title only and Buddy Curry seconded. Roll call: Bill Burnett, yes; Buddy Curry,
yes; Bob Fant, yes; Mayor Barron, yes. ORDINANCE 2008-09 was approved.
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. 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: Bill Burnett, yes; Buddy Curry,
yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny Wright read the ordinance by title only and stated
there would be no vote until next month, and the next step was to pass the resolution to hold a public
hearing.
Mayor Barron presented RESOLUTION 2008-07: A RESOLUTION SETTING A PUBLIC HEARING DATE REGARDING THE MATTER OF ANNEXING CERTAIN TERRITORY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF JOHNSON. City Attorney Danny Wright read the resolution and Mayor Barron asked fora
motion to approve it. Bob Fant made a motion to approve the resolution and was seconded by Bill Burnett.
Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. RESOLUTION 2008-07 was
approved and the meeting will be held Tuesday, July 8, 2008 at 5:30 PM.
Mayor Barron presented ORDINANCE NO. 2008-11: AN ORDINANCE TO AMEND THE ZONING DISTRICT
CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION NO. 2008-18. City Attorney Danny Wright stated this was the PUD rezoning passed in January hat the Municipal League
lawyer wanted put back through. Wright stated the PUD passed, but Mr. Hoskins had appealed the Planning
Commission's decision and the city did not hold a public hearing before it was heard by the council like the
new ordinance required. Mayor Barron asked fora 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: Bill Burnett,
yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City Attorney Danny Wright read the ordinance by
title only. Mayor Barron asked for a motion to approve the first reading by title only. Bob Fant made a motion
to approve the first reading by title only and Buddy Curry seconded. Roll call: Bill Burnett, yes; Buddy Curry,
yes; Bob Fant, yes; Mayor Barron, 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: Bill Burnett, yes; Buddy Curry, yes; Bob Fant,
yes; Mayor Barron, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a
motion to approve the second reading by title only. Bob Fant made a motion to approve the second reading
by title only and Bill Burnett seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor
Barron, 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: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. City
Attorney Danny Wright read the ordinance by title only. Mayor Barron asked for a motion to approve the third
reading by title only. Bob Fant made a motion to approve the third reading by title only and Buddy Curry
seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Bob Fant, yes; Mayor Barron, yes. ORDINANCE 2008-
11 was approved.
City Attorney Danny Wright stated the aldermen had received a copy of ORDINANCE 2008-12 which will
amend ORDINANCE 2006-09 reducing the booking fee fine from $3.00 to $2.00 to review for next months
meeting.
Mayor Barron asked fora motion to pay the bills for the General, Street, Act 988 and Court Automation Funds
which the council had reviewed. Buddy Curry asked about a bill for a vehicle purchase for $6,400.00. Mayor
Barron stated the PD traded the Ford Explorer for a dog catcher truck. Curry asked if it shouldn't have come
before the council and Mayor Barron stated it should have. Motion to pay bills was made by Bob Fant and
seconded by Buddy Curry. All approved.
Mayor Barron 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 7:32 PM.