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City Council Minutes

July 13, 2010

JOHNSON CITY COUNCIL
MEETING MINUTES
July 13, 2010


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, Assistant Fire Chief Herb Beitel, Street Superintendent Randy Birchfield and
Building Official Paul Sullins. Alderman Melissia Tomlinson was absent
Mayor Barren asked for a motion to approve the minutes of the June 8, 2010 council meeting.
Mayor Barron stated these minutes include the Public Hearing on the same date. Bob Fant
made a motion to approve the minutes and Buddy Curry seconded. All approved.
Department Head Reports:
Police Chief Vernon Sisemore stated 21 new cases were opened and 11 of those closed. Chief
Sisemore stated there have been 43 false alarms year to date. Chief Sisemore stated the 3
inches of rain in an hour Friday night caused a problem with the wall. Chief Sisemore stated he
had discussed the problem with Steve Hesse (city engineer) and they will rebuild the wall with
better drainage, a swale to direct the water and no more red dirt. Chief Sisemore stated the 5
inches of rain received last night brought the water close to Blossom Hill, water over the railing
on Ball Street, covered Elmore at the tracks and closed Wilkerson. Buddy Curry stated he
wanted to keep the wall issues from happening again.
Assistant Fire Chief Herb Beitel stated there had been 18 emergency calls. Beitel stated engine
62 was back from Springfield; equipment is being replaced to get it in service so the department
could request an ISO assessment.
Street Superintendent Randy Birchfield stated the street, police and fire departments worked
really well together during the recent flooding. Mayor Barron stated applications were being
taken, as the department was one man short.
Building Official Paul Sullins stated he had been working on code enforcement issues like grass
that was too long and trailers in yards..
Recorder/Treasurer Jennifer Allen stated the city's financial picture is improving and will
continue to as long as spending stays below our income. Allen stated she would take the
required election petitions and associated paperwork to the County Clerk if it is turned in to her
by August 20, 2010.
City Attorney Danny Wright stated one appeal had been filed with circuit court. Wright stated
he had three resolutions signed'by Mayor Jordan and he wanted to make a clarification. Wright
stated he had been asked about the water and sewer contracts only being good for 15 years;
he said that once a Fayetteville enters into an agreement with us, they cannot ever cut us off.
Wright stated there was on resolution and three ordinances before the council this evening: an
ordinance agreeing to de annex, a resolution approving the agreement between the cities, an
ordinance agreeing to the sewer contract and granting Fayetteville the franchise to provide
sewer services in the city, and an ordinance agreeing to the enhanced water contract and
granting Fayetteville the franchise to provide water services in the city.
Mayor Barren stated the engineer is working on the preliminary plan for the trail. Mayor Barren
stated they have expanded the first phase a bit by necessity to tie all the trail projects together
and the project is being enhanced by the involvement of the Walton Family Foundation.
Mayor Barren stated he was still encouraged on the Johnson Road project. Mayor Barren
stated they are ready to start getting property in the right of way and then let it out for bid.
Mayor Barren stated he has not heard anything from Allen Canning regarding the donation of
the triangle of property between Hewitt and Ball off Main to the city.
Unfinished Business: None
New Business:
Mayor Barren stated the resolution on the agenda regarding a tiger II discretionary grant was
for the NWARPC, not the city; and had been placed on the agenda by mistake. Mayor Barren
stated the number has been assigned to the next resolution.
Mayor Barren presented ORDINANCE 2010-03: AN ORDINANCE CONCURRING WITH
FAYETTEVILLE ORDINANCE NO. 5317, PROVIDING FOR THE VOLUNTARY
DETACHMENT OF APPROXIMATELY 99 ACRES FROM THE CITY OF JOHNSON AND
ATTACHING SAID LANDS TO THE CITY OF FAYETTEVILLE. Mayor Barren asked for a
motion to read the ordinance by title only. Bob Fant made a motion to read the ordinance by
title only and Buddy Curry 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 Barren asked for a motion to approve this first reading. Bob Fant made a
motion to approve this first reading and Tom Bramlett seconded. Roll call: 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. Bob Fant
made a motion to suspend the rules and 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 this second reading. Buddy Curry made a motion to
approve this second reading and Tom Bramlett seconded. Roll call: 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 third reading by title only. Tom Bramlett
made a motion to suspend the rules and continue to the third reading 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
Barren asked for a motion to approve this third reading. Tom Bramlett made a motion to
approve the third reading and Buddy Curry seconded. Roll call: Buddy Curry yes; Bill Burnett,
yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE
2010-03 was approved
Mayor Barren presented RESOLUTION 2010-05; A RESOLUTION APPROVING AGREEMENT
BETWEEN CITIES OF FAYETTEVILLE AND JOHNSON FURTHERANCE OF
SIMULTANEOUS DETACHMENT AND ANNEXATION OF 99 ACRES (M/L) AS
CONTEMPLATED BY JOHNSON RESOLUTION 2010-04. City Attorney Danny Wright read the
resolution and Mayor Barren asked for a motion to approve it. Bob Fant made a motion to
approve RESOLUTION 2010-05 and Tom Bramlett seconded. All approved.
Mayor Barren presented ORDINANCE 2010-04: AN ORDINANCE APPROVING A CONTRACT
WITH THE CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE SEWER SERVICE TO
CUSTOMERS WITHIN CERTAIN AREAS OF JOHNSON, ARKANSAS, AND GRANTING A
FRANCHISE TO THE CITY OF FAYETTEVILLE TO PROVIDE SANITARY SEWER
SERVICES WITHIN THE CITY OF JOHNSON AND DECLARING AN EMERGENCY TO
EXIST. City Attorney Danny Wright stated the sewer and water service agreements both cover
all of south Johnson in Fayetteville's service area of the Beaver Lake Agreement. Mayor Barren
asked for a motion to read the ordinance by title only. Tom Bramlett made a motion to read the
ordinance by title only and Buddy Curry 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 Barron asked for a motion to approve this first reading. Tom
Bramlett 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. Buddy Curry made a motion to suspend the rules and 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 this second reading. Buddy Curry made a
motion to approve this second 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 third reading by title only. Bob Fant
made a motion to suspend the rules and continue to the third reading 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 this third reading. Tom Bramlett made a motion to
approve the third reading and Bob Fant seconded. Roll call: Buddy Curry yes; Bill Burnett, yes;
Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor Barron asked
City Attorney Danny Wright to read the Emergency Clause. City Attorney Wright read the
emergency clause and Mayor Barron asked for a motion to approve it. Bob Fant made a motion
to approve the emergency clause and Buddy Curry seconded. Roll call: Buddy Curry yes; Bill
Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes.
ORDINANCE 2010-04 was approved and is effective immediately.
Mayor Barron presented ORDINANCE 2010-05: AN ORDINANCE APPROVING A CONTRACT
WITH THE CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE ENHANCES WATER
SERVICE TO CUSTOMERS WITHIN CERTAIN AREAS OF JOHNSON, ARKANSAS, AND
GRANTING A FRANCHISE TO THE CITY OF FAYETTEVILLE TO PROVIDE ENHANCED
WATER SERVICES WITHIN THE CITY OF JOHNSON AND DECLARING AN EMERGENCY
TO EXIST. 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 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 Barron asked for a motion to approve this
first reading. Bob Fant made a motion to approve this 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. Buddy Curry made a motion to suspend the rules and continue to the
second reading by title only and was seconded by Bob Fant. 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 this second reading. Bob
Fant made a motion to approve this 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. Tom Bramlett made a motion to suspend the rules and continue to the third reading 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 this third reading. Bob Fant made a motion to
approve the third reading and Tom Bramlett seconded. Roll call; Buddy Curry yes; Bill Burnett,
yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. Mayor Barron
asked City Attorney Danny Wright to read the Emergency Clause. City Attorney Wright read the
emergency clause and Mayor Barron asked for a motion to approve it. Buddy Curry made a
motion to approve the emergency clause and Tom Bramlett seconded. Roll call: Melissia
Tomlinson, yes; Buddy Curry yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob
Fant, yes; Clay Dodson, yes. ORDINANCE 2010-05 was approved and is effective
immediately.
Mayor Barron stated the ordinance allowing the city to appoint a city attorney once the
population is over 2,500 but fewer than 5,000 will be considered next month. Mayor Barron said
thank you to Danny Wright and stated he has done an outstanding job for the city and we could
not have gotten this accomplished with out him.
Mayor Barron asked for a motion to pay the bills from the General Fund, Street Fund, Act 988
Fund, Warrant Service 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
Clay Dodson. All approved and the meeting was adjourned at 6:45 PM.