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City Council Minutes

April 14, 2009

JOHNSON CITY COUNCIL
MEETING MINUTES
APRIL 14, 2009


Mayor Lonnie Barren called the meeting to order at 6:00 pm.
Present were Aldermen Bill Burnett, Buddy Curry, Tom Bramlett, Bob Fant and Clay Dodson.
Also present were Recorder/Treasurer Jennifer Allen, Police Chief Vemon Sisernore, City
Attorney Danny Wright, Street Superintendent Randy Birchfield, Building Official Matt Bailey
and Fire Chief Matt Mills. Alderman Melissia Tomlinson was absent.
Mayor Barren asked for a motion to approve the minutes of the March 10, 2009 council
meeting. Bob Fant made a motion to approve the minutes and Bill Burnett seconded. All
approved.
Department Head Reports:
Police Chief Vernon Sisemore stated there had been 25 new cases opened and 20 dosed.
Sisernore stated the department had responded to 12 false alarms to businesses.
Fire chief Matt Mills stated there had been 87 calls year to date, up 11 from this time last year.
Chief Mills stated the ladder truck was now in service and the Springdale Fire Department was
very impressed. Mills stated he would schedule a meeting with Fayetteville Fire Department in
the near future.
Street Superintendent Randy Birchfield stated two men from Work Force Services were now
on board to help with the storm clean up for six months at no cost because the state pays their
wages. Mayor Barren stated the two men were going to clean up the creeks. Birchfield stated
the debris burning was complete and the haul off of the ash would begin tomorrow. Birchfieid
stated Cris Hollow road was back in good shape after Tomlinson Asphalt graded it and put in
some SB2 by the maintenance building. Birchfield stated the department was spraying for
weeds. Mayor Barren stated the spring clean up will be May 16-31.
Building Official Matt Bailey stated four new building permits had been issued, seven
certificates of occupancy had been granted, and he was working on three plan reviews. Bailey
stated he had been attending classes for recertification. Bailey stated the creek clean up had
been approved and he hoped to hear more in the next week. Bailey stated HBC Development
was appealing the decision of the Planning Commission to issue a condition permit use on
their rezoning request. City Attorney Danny Wright stated that the PC should have approved or
denied the rezoning request and that PC could not change the request to a conditional use.
Buddy Curry requested this topic be discussed after the reports were done.
Recorder/Treasurer Jennifer Allen stated she was dealing with FEMA and the project
worksheets would be completed after the ash clean up was finished. Allen stated the
worksheet completion was the next step in receiving reimbursement.
City Attorney Danny Wright stated the city had passed one year of not being sued. Wright
stated there was one appeal left in Circuit court. Wright stated he had received a letter from
Eric Danielson, attorney for Powell Emergency Services, with an invoice attached for an
additional $77,000.00 for work done in Clear Creek and a veiled threat to sue if it was not paid.
Wright stated he had sent Danielson a letter after the last council meeting asking them if they
were going to complete the work or not and Danielson finally called and said they were doing it
under protest. Wright stated the city should stick where we are; Danielson was here and knew
what the council said about not getting additional money unless FEMA approved an increase.
Mayor Barron commended Jennifer Allen, Danny Wright and Matt Bailey for their work
handling this situation. Mayor Barron stated they had done a good job and he appreciated it.
Wright stated the trails group was still working on the right of way and he had received some
documents for review that he had not had a chance to look at yet.
Mayor Barron stated the burn site Springdale let us use needed to be cleaned up to their
satisfaction and we really appreciate them letting us use it.
Mayor Barron stated there had been a meeting with the engineers, Springdale and the
landowners regarding Johnson Road; they are trying to move the project along faster -
scheduled for bid next February or March but could possibly do it faster if it were built in
phases.
Mayor Barron stated work had been done on the PD parking lot removing trees, but the
weather needed to improve to get started on the rest.
Mayor Barron stated he had received a letter from the Mayor of Fayetteville telling us they
would not provide south Johnson with water or sewer. Mayor Barron stated we were on the
agenda at the April 22, 2009 Springdale Water and Sewer Commission meeting and he was
hopeful.
Mayor Barron invited everyone to lunch on the 15th at City Hall.
Unfinished Business:
Mayor Barron presented RESOLUTION 2009-05: RESOLUTION OF THE CITY OF JOHNSON,
ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF PACIFIC VET
GROUP TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION
15-4-2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). Steve Clark, president of
the Fayetteville Chamber of Commerce explained this was a state program to allow
businesses to get any sales and use tax paid on construction and materials back to entice
companies to locate their businesses here in Arkansas. Discussion was had. City Attorney
Danny Wright read Resolution 2009-05. Bob Fant made a motion to approve RESOLUTION
2009-05 and Buddy Curry seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom
Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. RESOLUTION 2009-05 was approved.
New Business:
City Attorney Danny Wright presented ORDINANCE 2009-03: AN ORDINANCE AMEND THE
ZONING DISTRICT BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING
PETITION OF JOE AND KIM MAYNARD APPROVED FEBRUARY 23, 2009, BY JOHNSON
PLANNING COMMISSION. Building Official Matt Bailey stated this was for a small section of
property still zoned A-1 to I like all of the property surrounding it. Wright stated he needed to
verify that we have the proper legal description of the property and stated the ordinance
should only be given one reading tonight so that it can be clarified. Wright read the ordinance.
Tom Bramlett made a motion to approve this first reading and Bob Fant seconded. Roll call:
Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes.
Mayor Barron returned to the Planning Commission appeal. Steve Hankins, owner of HBC
Development stated this piece of property located between Blake Lane and San Jose is tricky
to develop as it has severe water issues. Hankins stated he wanted to consolidate his
businesses and put his office in the larger house at the back of the property so he requested
C-1 zoning. Buddy Curry stated the PC did not rezone, as there is residential on both sides
and compromised with the conditional use. Hankins stated he visited with Mayor Barron and
thought the city wanted that area on Main Drive to be commercial. Discussion was had. City
Attorney Danny Wright stated the council could not vote on the appeal because there had not
been a public hearing before the meeting. Wright suggested Hankins take the conditional use,
come back at some time in the future, and rezone the whole piece of property. Hankins stated
he would write a letter canceling his appeal.
Mayor Barron stated there were some problems with the exterior of City Hall. Street
Superintendent Randy Birchfield stated the rotting fascia and soffitt needed to be replaced and
then the building would be painted the same color as the PD building for continuity. Birchfield
stated he had bids of S2.275.00 and $1,500.00 from professional painters. Tom Bramlett made
a motion to approve the repairs and Bob Fant seconded. All approved.
Mayor Barron stated the city had received three bids on the liquid cooled gas engine
generator. Discussion was had. It was decided to get warranty information and local bids to
compare and discuss it again next month.
Mayor Barron stated the city would reapply for the tornado siren grant.
Mayor Barron asked for a motion to pay the bills from the General Fund, Street Fund, Act 988
Fund and Court Automation Fund that the council had reviewed. Bob Fant made a motion to
pay the bills and Buddy Curry seconded. All approved.
Mayor Barron asked for a motion to adjourn which was made by Buddy Curry and seconded by
Bob Fant. All approved and the meeting was adjourned at 7:48 PM.