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City Council Minutes

June 11, 2013

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
June 11, 2013


Mayor Buddy Curry called the meeting to order at 6:01 pm.
Present were Aldermen Richard McMullen, Bill Burnett, Dan Cross, Tom Bramlett, Bob Fant and Jirn
Shankle. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police
Chief Vernon Sisemore, Fire Chief Matt Mills, Street Superintendent Randy Birchfield and
Maintenance Specialist Clay Wilson.
Mayor Curry asked for a motion to approve the minutes of the May 14, 2013 council meeting. Dan
Cross made a motion to approve the minutes as written and was seconded by Richard McMullen. All
approved.
Department Head Reports:
Police Chief Vernon Sisemore introduced Officer Justin Belew and Officer Clinton Luond to the
council. Chief Sisemore stated 32 new cases were opened, 27 closed and there were 141 calls for
service.
Fire Chief Matt Mills stated there were 21 calls for service, mostly EMS. The department is focusing
on training and education. Keeping the guys well hydrated - especially important in the heat.
Street Superintendent Randy Birchfield stated the cost of Bryan Street overlay was $9,930 and the
parking lot was $3,250. The job was done by APACwho was the cheapest and got it.done before the
festival day. Birchfield stated the west end of Johnson Mill Boulevard between New hope and the
city limits was in really rough shape and he had 2 bids to have it milled, a leveling coat done and
overlaid - $15,933.75 APAC and $15,644.54 DECCO. Mayor Curry stated that they would like the
council's permission to pave this section to meet up with the new paving done by Springdale from
the city limits out to HWY 112. Mayor Curry asked the council, with the remainder of the $30,000
approved last month, to approve having APAC do the job as they can do it quicker and maybe will
take the one lane bridge out for nothing. Bob Fant made a motion to waive competitive bidding and
hire APAC and was seconded by Dan Cross. All approved.
Maintenance Specialist Clay Wilson stated he had attended a building official meeting in Lowell and
is now certified on the new3M products. He has been keeping up with vehicle maintenance for the
PD and Street departments and handled 12 animal complaints.
John Taylor from the Economic Development Committee stated he was told by Flake and Kelley
there is a new business going in by the Marriot, but they wouldn't say what it was. Taylor stated the
property out there is much more expensive than other comparative areas, making it hard to drum up
interest by developers.
The Budget and Finance Committee met to discuss possible future line item adjustments to the
budget due to higher than anticipated legal fees and the Act 988 account not generating enough
income to pay the fleet payment. The fleet payment may have to come out of the General Fund by
fall. First Security Bank was authorized for purchase of $25,000.00 CD approved by council last
month.
Recorder/Treasurer Jennifer Allen stated an invoice received from the City of Springdale for $70,363.07 was paid towards the light on Johnson Mill Boulevard. $70,000.00 was transferred to the
Street fund to pay this invoice. New balance of $105,000.00 reserve is reflected on her report. Allen stated the fire truck has been paid off! The city has spent $11,095 of the $50,000.00 received for our
General Improvement Project. The disbursement of the remaining $38,905 is project specific and
cannot be spent for anything other than proposed projects. Allen stated she will be attending the
ARML Summer Conference in Hot Springs June 19 -21, 2013.
City Attorney Danny Wright stated he dealt with Mr. Hoskins and the other property owners to get
the legal descriptions for the parcels being rezoned up in the PUD area. Wright stated the county has
been carrying on about the cost of the animal shelter and to watch fora future request for an
increase in financial report. Wright stated he was pleased so many aldermen were attending the
ARML Summer Conference.
Mayor Curry recognized Dan Cross for a trail update. Cross stated Walt Robinson is interested in
donating 3.5 acres of property for a trail head and park south of Joyce across Wilkerson from Yvonne.
The tentative plan is to have a gravel road entranceway and parking lot and look for grants in the
future to improve and pave it. Cross stated there were many details to be considered and asked the
council if the trail committee should proceed with the process. The council was favorable towards
proceeding with this opportunity. Cross stated the JCCTC was looking at doing a soft opening of the
trail since people were already using it.
Mayor Curry stated the Johnson Mill Boulevard project has been progressing - paving has started to
keep the guys busy while the utility work is completed. SWEPCO is finally moving the lines which are
crucial because old poles are in the new roadway.
Mayor Curry stated the Johnson Festival Day went really well. Everyone seemed to have a great time
with all the activities. There will be a Festival Committee meeting July 15 at 6:30 to discuss the event
and start planning for next year.
Unfinished Business:
Mayor Curry presented ORDINANCE 2013-03 AN ORDINANCE APPROVING AN INTERLOCAL
AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY
(AGREEMENT) BETWEEN WASHINGTON COUNTY, ARKANSAS (COUNTY) AND THE CITIES IN
WASHINGTON COUNTY (CITIES). Mayor Curry asked for a motion to read the ordinance by title only.
Tom Bramlett made a motion to read the ordinance by title only and was seconded by Dan Cross.
Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Bob Fant, yes; Jim
Shankle, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Curry asked for a
motion to approve the third reading which was made by Dan Cross and seconded by Tom Bramlett.
Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Jim Shankle, yes.
ORDINANCE 2013-03 was approved.
New Business:
Mayor Curry presented ORDINANCE 2013-08: AN ORDINANCE ADOPTING AND ENACTING A NEW
MUNICIPAL CODE OF ORDINANCES OF THE CITY OF JOHNSON, ARKANSAS, ESTABLISHING THE SAME;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN
EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR
THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY TO EXIST AND FOR
OTHER PURPOSES. Mayor Curry asked for a motion to read the ordinance by title only. Bill Burnett
made a motion to read the ordinance by title only and waive the second and third readings and was
seconded by Bob Fant. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom
Bramlett; Bob Fant, yes; Jim Shankle, yes. City Attorney Danny Wright read the ordinance by title
only. Mayor Curry asked for a motion to approve the first reading by title only and waive the second
and third readings which was made by Bob Fant and seconded by Dan Cross. Roll call: Richard
McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Bob Fant, yes; Jim Shankle, yes. City
Attorney Danny Wright read the emergency clause. Mayor Curry asked for a motion to approve the
emergency clause which was made by Tom Bramlett and seconded by Dan Cross. Roll call: Richard
McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Bob Fant, yes; Jim Shankle, yes.
ORDINANCE 2013-08 was approved and goes into effect immediately.
Mayor Curry presented ORDINANCE 2013-09: AN ORDINANCE TO AMEND THE ZONING DISTRICT
CLASSIFICATION AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN REZON1NG PETITION NO.
2013-03. Mayor Curry asked for a motion to read the ordinance by title only. Richard McMullen
made a motion to read the ordinance by title only and was seconded by Bill Burnett. Roll call: Richard
McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Bob Fant, yes; Jim Shankle, yes. City
Attorney Danny Wright read the ordinance by title only. Mayor Curry asked for a motion to approve
the first reading which was made by Tom Bramlett and seconded by Richard McMullen. Roll call:
Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett; Jim Shankle, yes.
Mayor Curry opened discussion on the City Attorney Agreement. The issue came to light as an
agreement to change the City Attorney's contract with the city from a two year to a four year
agreement to match the new Alderman's term was presented by City Attorney Wright. Mayor Curry
was concerned about the definition of the word "normal" used in the agreement and noted that the
legal billing has been trending up since City Attorney Wright moved into his own office in May 2012.
Mayor Curry also noted that fines and court costs received by the city have declined since the city
changed to a district court in January 2012. City Attorney Wright stated there were 2 kinds of work
he does for the city - city work and prosecuting attorney work. Wright stated that issues that are out
of the ordinary (not "normal") were billed to the city at an hourly rate above and beyond his salary.
Wright stated bills have gone up because he had made corrections in his billing system and he had
been doing more work beyond the "normal". Discussion was had about the differing definitions of
"normal" and the effect a change or perceived change in this definition makes to how the city is
billed. The consensus of the council was to have City Attorney Wright bill in a way that Mayor Curry is
comfortable with and to be open to questions defining what each bill is for. It was agreed to give it
until the end of the year to see if this can be worked out in a way that is amenable to both the Mayor and the City Attorney.
Mayor Curry 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 Tom Bramlett seconded. All approved.
Mayor Curry asked for a motion to adjourn which was made by Tom Bramlett and seconded by Dan
Cross. All approved and the meeting was adjourned at 8:05 pm.