city of johnson arkansas logo

City Council Minutes

JULY 14, 2009

JOHNSON CITY COUNCIL
MEETING MINUTES
JULY 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, City Attorney Danny Wright, Police Chief
Vernon Sisemore, 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 June 9, 2009 council meeting.
Bill Burnett made a motion to approve the minutes and Buddy Curry seconded. All approved.
Mayor Barren asked for a motion to approve changing the agenda to add ORDINANACE
2009-07 concerning south Johnson that was not available when the agenda was created and
to remove discussion of the gas powered generator as the bids are not what was anticipated.
Buddy Curry made a motion to approve changing the agenda and Bill Burnett seconded. All
approved.
Department Head Reports:
Poiice Chief Vernon Sisemore stated there had been 22 new cases opened and 13 closed.
Chief Sisemore stated there had been 94 calls for service.
Fire Chief Matt Mills stated they were at 142 calls year to date. Chief Mills stated the
department is hosting a truck operations class; this is a 40 hour certified class.
Street Superintendent Randy Birchfield stated the department had been working on the PD
parking lot.
Building Official Matt Bailey stated there 23 open building permits. Bailey stated he had been
to code enforcement school and to the Municipal League conference.
Recorder/Treasurer Jennifer Allen stated the city has received $90,902.95 from FEMA on all
five of the project worksheets and is still waiting on reimbursement from the State of Arkansas.
Allen asked for the council's permission to discontinue putting seven bank statements in the
packets each month. Alien stated this would save a great amount of paper and the information
is available in her office if anyone would like to see it. Bill Burnett made a motion to discontinue
the bank statements and Bob Fant seconded. All approved.
City Attorney Danny Wright stated the city has been sued by Powell Emergency Service, the
FEMA money came in and we paid them like we said we would. Wright stated Powell's
attorney asked for S125,000.00 and Wright asked for that request in writing and has received
nothing. Wright said he has filed a motion to dismiss. Wright stated the Neville case will go to
court the end of the month and the Municipal League attorney has asked for a summary
judgment. Wright stated there were an unusually high number of public defender cases and
there will be a cost associated with these. Wright stated there is a C-2 rezone on the agenda
that allows sexually oriented businesses and the council should look at zoning in this light.
Discussion was had about moving sexually oriented businesses to a different zoning category.
Mayor Barron stated he had received a Notice of Intent form, which is basically applying for
permission to apply for a grant to fix the Ball St. bridge. Mayor Barron asked for the council to
approve it tonight, as it must be sent in by July 31, 2009, which is before the next meeting.
Buddy Curry made a motion to approve the NOI and Bob Fant seconded. All approved.
Mayor Barron stated the council had received copies of some ordinances regarding parking
vehicles in the yard, selling vehicles, and fencing that he would like them to look over for future
discussion.
Mayor Barron stated there was an opportunity to apply for a firehouse grant for west Johnson,
but there was not time to complete a competitive application. It will be prepared and ready next
time.
Mayor Barron stated the second annual Johnson Days would be postponed from August 1,
due to the heat that time of year and the committee was looking for a date later in the fall.
Mayor Barron stated this request had come from the vendors.
Mayor Barren no decision had been made regarding the use of this room. Mayor Barron stated
R/T Jennifer Allen suggested only using this room for civic group meetings and no parties.
Mayor Barron stated all of the work done on the PD parking lot so far is less than $5,000.00.
Mayor Barron proposed black topping the lot 150' long by 60' wide to create at least 30 parking
places and creating a block retaining wall in front to match the rest of the city property. Mayor
Barron stated a high estimate on the block wall would be 315,000.00 and three estimates for
paving ran from 310,000.00 to S19,000.00. Mayor Barron stated he would like to add money to
the line item of $10,000.00 already approved to complete these projects and have the most
functional and attractive outcome. Discussion was had about placement of a sidewalk. Bob
Fant made a motion to add 525,000.00 to the S10,000.00 already approved to complete the
paving and wall and Buddy Curry seconded. All approved.
Unfinished Business:
None
New Business:
Mayor Barron presented ORDINANCE 2009-05: AN ORDINANCE AMEND THE ZONING
DISTRICT BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZONING PETITION
OF WALTER ROBINSON APPROVED June 29, 2009, BY JOHNSON PLANNING
COMMISSION. 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 Bob Fant seconded. Roll call: 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 Barton asked for a motion to
approve this first reading. Bob Fant made a motion to approve this first reading and Buddy
Curry seconded. Roll call: 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. Bob Fant made a motion to continue to the second reading
by title only and was seconded by Tom Bramlett. Roll call: Bill Burnett, yes; Buddy Curry, yes;
Torn Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Wright read the ordinance
by title only. Mayor Barren asked for a motion to approve the second reading. Tom Bramlett
made a motion to approve the second reading and Bob Fant seconded. Roll call: Bill Burnett,
yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes.
Mayor Barron presented ORDINANCE 2009-06: AN ORDINANCE VACATING AND
ABANDONING A PORTION OF AN EASEMENT ON THE FRONT AND SIDE OF PROPERTY
LOCATED AT 5394 CORDELL DRIVE N., THE CITY OF JOHNSON, ARKANSAS; TO
DECLARE AN EMERGENCY AND FOR OTHER PURPOSES. Mayor Barron asked for a
motion to read this ordinance by title only. Bob Fant made a motion to read the ordinance by
title only and was seconded by Buddy Curry. Roll call: Bill Burnett, yes; Buddy Curry, yes; Torn
Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Wright read the ordinance by
title only. Mayor Barron asked for a motion to approve the first reading. Buddy Curry made a
motion to approve the first reading and Tom Bramlett seconded. Roll call: 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. Bob Fant
made a motion to continue to the second reading by title only and was seconded by Tom
Bramlett. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay
Dodson, yes. City Attorney Wright read the ordinance by title only. Mayor Barron asked for a
motion to approve the second reading. Tom Bramlett made a motion to approve the second
reading and Buddy Curry seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Torn
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
continue to the third reading by title only and was seconded by Bill Burnett. Roil call: Bill
Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City
Attorney Wright read the ordinance by title only. Mayor Barron asked for a motion to approve
the third reading. Bob Fant made a motion to approve the third reading and Tom Bramlett
seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Ciay
Dodson, yes. City Attorney Wright read the emergency clause. Mayor Barron asked for a
motion to approve the emergency clause. Buddy Curry made a motion to approve the
emergency clause and Bob Fant seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom
Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE 2009-06 was approved and
becomes effective immediately.
Mayor Barron asked City Attorney Danny Wright to explain how we got to Ordinance 2009-07.
City Attorney Wright stated when the survey of south Johnson was completed, it was
discovered that the City of Fayetteville actually owns the land that straddles the Johnson City
limit line, not WG Land Company. Wright stated that WG Land Company is separated from
FayetteviJ/e by property owned by Fayetteville. Wright stated that the one real dog in the fight
now is David McClinton's property, which does touch the City of Fayetteville. Wright stated to
end this situation, the strip of land at the bottom of his land can be condemned and taken by
the City of Johnson for water, sewer and road improvements. Wright stated this condemned
property becomes the property of the City of Johnson and separates the land from Fayetteville,
thus ending any deannexation to Fayetteville. Wright stated that passing this ordinance tonight
to condemn the land would cost 368,000.00 to be held by the court. Mayor Barron stated
Danny Wright and Tom Kieklak have been working on this for 16 months and are more
prepared than these people will ever be.
Mayor Barron presented ORDINANCE 2009-07: AN ORDINANCE AUTHORIZING AND
DIRECTING TOM KIEKLAK TO TAKE SUCH ACTIONS AS ARE REQUIRED AND
NECESSARY TO ACQUIRE BY EMINENT DOMAIN FEE TITLE TO A PORTION (AS
SPECIFICALLY DESCRIBED BELOW) OF THE REAL PROPERTY OF DAVID C.
McCLINTON PURSUANT TO ACA 18-15-301 et seq, FOR THE PURPOSE OF
CONSTRUCTION AND INSTALLATION OF WATER AND SEWER LINES AND OTHER
LAWFUL PURPOSES AND DECLARING AN EMERGENCY TO EXIST. Mayor Barron asked
for a motion to read this ordinance by title only. Tom Bramlett made a motion to read the
ordinance by title only and was seconded by Buddy Curry. Roll call: Bill Burnett, yes; Buddy
Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City Attorney Wright read the
ordinance by title only. Mayor Barron asked for a motion to approve the first reading. Bob Fant
made a motion to approve the first reading and Buddy Curry seconded. Roll call: 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 continue to the second reading by title only and was seconded
by Tom Bramlett. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant,
yes; Clay Dodson, yes. City Attorney Wright read the ordinance by title only. Mayor Barren
asked for a motion to approve the second reading. Tom Bramlett made a motion to approve
the second reading and Buddy Curry seconded. Roll call: 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
continue to the third reading by title only and was seconded by Bill Burnett. Roll call: Bill
Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City
Attorney Wright read the ordinance by title only. Mayor Barron asked for a motion to approve
the third reading. Bob Fant made a motion to approve the third reading and Bill Burnett
seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay
Dodson, yes. City Attorney Wright read the emergency clause. Mayor Barron asked for a
motion to approve the emergency clause. Buddy Curry made a motion to approve the
emergency clause and Tom Bramlett seconded. Roll call: Bill Burnett, yes; Buddy Curry, yes;
Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE 2009-07 was approved
and becomes effective immediately.
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 Tom Bramlett seconded. All approved.
Mayor Barron asked for a motion to adjourn which was made by Buddy Curry and seconded by
Bill Burnett. All approved and the meeting was adjourned at 7:18 PM.