city of johnson arkansas logo

City Council Minutes

Thursday, 13 October 2016 15:42

September 13, 2016

Written by
Rate this item
(0 votes)

JOHNSON CITY COUNCIL

MEETING MINUTES

CITY HALL

September 13, 2016

Mayor Chris Keeney called the meeting to order at 6:00 pm.

Present were Aldermen Richard McMullen, Bill Burnett, Dan Cross, Hunter Haynes, Bob Fant and Melissa Posinski. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Special Attorney Justin Eichmann, Police Chief Vernon Sisemore, Fire Chief Matt Mills, Public Works Director Jerry Morrow and Building Official/Maintenance Specialist Clay Wilson.

Mayor Keeney stated he needed to amend the agenda and added 3 items as follows: Continue discussion of the Casper Acquisitions lawsuit; add Ordinance 2016-22; Discuss Ordinance 2016-19 that was tabled at the last meeting. Dan Cross made a motion to approve the agenda amendments and Bob Fant seconded. All approved. Dan Cross made a motion to take Ordinance 2016-19 from the table and add to the end of the meeting. Motion was seconded by Richard McMullen and all approved.

Mayor Keeney asked for a motion to approve the minutes of the August 9, 2016 council meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Melissa Posinski. All approved.

Mayor Keeney asked for a motion to approve the minutes of the August 24, 2016 special council meeting. Melissa Posinski made a motion to approve the minutes as written and was seconded by Dan Cross. All approved.

Mayor Keeney asked for a motion to approve the minutes of the August 26, 2016 council meeting. Melissa Posinski made a motion to approve the minutes as written and was seconded by Bob Fant. All approved.

Mayor Keeney asked for a motion to approve the minutes of the September 9, 2016 council meeting. There was discussion about the last page. Bob Fant made a motion to approve the minutes as amended and was seconded by Hunter Haynes. All approved.

Department Head Reports

Police Chief Vernon Sisemore stated that 36 new cases were opened, 31 of which were closed. Chief Sisemore stated the department is at full staff with all officers having graduated from field training.

Fire Chief Matt Mills stated there were 29 calls for service; 235 year to date. Mills stated they made the final cut for the air pack grant, but didn’t get it. Mills stated each pack costs $6,900 - $7,200 for the pack, bottle and mask; these have a life expectancy of 7-10 years and they will need to replace 16 over time but 5 will have to be replaced in the next 12-18 months.

Public Works Director Jerry Morrow stated he has applied for permits from ADEQ to clear 3 creeks; at the Elmore Street bridge, low water bridge on Ball St. and drainage east of 48th St. Morrow stated he has received a proposal for tree removal along Johnson Road.

Building Official/Maintenance Specialist Clay Wilson stated there were 6 new building permits issued and 20 code violations, mainly keeping vacant commercial lots mowed. Wilson stated he had worked on plan reviews and vehicle maintenance.

Planning Commission Chairman Dan Cross stated the Planning Commission endorses the nuisance ordinance but it still needs work.

Recorder/Treasurer Jennifer Allen stated State Turnback and Property Taxes have been received, but Sales Taxes have not. Allen stated City finances took a hit in August when City Sales Tax came in at a little over $20,000 rather than the $45,000 - $50,000 we have been accustomed to. The reason given by DFA was that large local tax rebates were claimed against our account. Since 2008, any sales tax paid on a verifiable business purchase over $2,500 are paid to the state, but can be claimed as a rebate within 1 year. Apparently we had a lot of claims hit at the same time. Allen stated the grant money from the Walton Family Foundation for the geo tech study was received and will be paid out as soon as the test results have been received. The funds are set aside.

City Attorney Danny Wright stated the City has been sued. Wright stated he has worked on an ordinance regarding burn permits and looked for law requiring the railroad to clean up their right-of-way. Wright stated that regarding Ordinance 2016-20 and Ordinance 2016-21, earlier in the year the PC gave approval for these easement vacations contingent on combining the lots to one owner and providing proper legal descriptions. Wright stated these contingencies have not been met and asked that when the meeting reaches that point on the agenda a motion be made to table each one until the contingencies have been met.

Mayor Keeney stated that the City has some contracts that expire at the end of the year; one with the Fire Department and one with Waste Management whose contract is on its last auto-renew. Mayor Keeney stated we are going to put trash service out for bid and will discuss it at the October meeting.

Mayor Keeney stated he has spent a lot of time working on the lawsuit.

Unfinished Business:

none

New Business:

Mayor Keeney asked for motion to table ORDINANCE 2016-20 which was made by Dan Cross and seconded by Bob Fant. All approved.

Mayor Keeney asked for motion to table ORDINANCE 2016-21 which was made by Richard McMullen and seconded by Bob Fant. All approved.

Attorney Justin Eichmann started a lengthy discussion of the Casper Acquisitions lawsuit and the current settlement offer on the table. Many residents were present and all voiced negative concerns about the settlement and electronic billboards in general; they were all against having them anywhere in Johnson. Bob Fant made a motion to not consider the settlement offered because it is not a global settlement, but just one sided, and was seconded by Richard McMullen. All approved. Eichmann went on to suggest that before the ordinance allowing billboards is repealed, the City consider a 180 day moratorium be passed which would not allow issuance of any billboard permits.

Mayor Keeney presented ORDINANCE 2016-22:  AN ORDINANCE TO INSTITUTE AN IMMEDIATE ONE HUNDRED AND EIGHTY (180) DAY MORATORIUM TO NOT ACCEPT ANY APPLICATIONS NOR ISSUE ANY PERMITS FOR BILLBOARDS AND DIGITAL BILLBOARDS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2016-22 in its entirety, waiving the second and third readings. Motion was made by Melissa Posinski and seconded by Dan Cross. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski; yes. Attorney Eichmann stated the purpose of this ordinance is to give the city time to fully inform residents about all the issues and discuss all areas of concern, and to develop a more orderly and transparent process. City Attorney Danny Wright read the ordinance in its entirety. Discussion was brought up about not accepting applications during the moratorium along with not issuing permits. Hunter Haynes made a motion to make this amendment to section 1 and to the title and was seconded by Richard McMullen. All approved. The corrected language is reflected in the title above. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2016-22, waiving the second and third readings. Motion was made by Hunter Haynes and seconded by Bill Burnett. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. Mayor Keeney asked for a motion to ready the emergency clause. Motion was made by Dan Cross and was seconded by Bob Fant. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Wright read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion to approve was made by Melissa Posinski and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. ORDINANCE 2016-22 was approved.

Mayor Keeney presented ORDINANCE 2016-19: AN ORDINANCE TO REPEAL ORDINANCE 2016-16 IN ITS ENTIRETY, DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read ORDINANCE 2016-19 by title only, waiving the second and third readings. Motion was made by Richard McMullen and seconded by Dan Cross. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski; yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2016-22 by title only, waiving the second and third readings. Motion was made by Richard McMullen and seconded by Bill Burnett. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. Attorney Wright asked for a motion to ready the emergency clause. Hunter Haynes made a motion to ready the emergency clause and was seconded by Bob Fant. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Wright read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion to approve was made by Bob Fant and seconded by Hunter Haynes. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Hunter Haynes, yes; Bob Fant, yes; Melissa Posinski. ORDINANCE 2016-19 was approved.

Mayor Keeney 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 Melissa Posinski seconded. All approved including Mayor Keeney.

Mayor Keeney asked for a motion to adjourn which was made by Bob Fant and seconded by Melissa Posinski. All approved including Mayor Keeney.  The meeting was adjourned at 7:35 pm.

Respectfully Submitted,

_________________________________    ___________________________________

Jennifer Allen CMC, CAMC                              Chris Keeney, Mayor

Recorder/Treasurer 

Read 1261 times
More in this category: « May 10, 2016