MINUTES OF THE REGULAR MEETING OF THE OZARK CITY COUNCIL
June 8, 2020
Ozark City Council Meeting Room
A Regular Meeting of the Ozark City Council was held on Monday, June 8, 2020 at 5: 30 p. m. at the Ozark City Council Meeting Room in City Hall. Present were Mayor Roxie Hall, City Attorney Kevin Barham, Deputy City Clerk/ Treasurer Marla Ward, City Clerk Susan Stevens, and Alderpersons Rex Anderson, Brandy Flanary, Susan Holman, Charlie Meeker, Randy Melton, and Aerial Nicely. After a Call to Order by Mayor Hall, the invocation was given by Susan Holman followed by the Pledge of Allegiance led by Charlie Meeker.
Upon a roll call, a quorum was declared to exist for the meeting. Susan Holman moved for approval of the Minutes from the May meeting. This motion was seconded by Randy Melton and upon a roll call vote all alderpersons voted aye and the minutes were approved.
There was a question from Susan Holman of since we have the money in the Court Automation fund, could we not go ahead with the project of digitizing documents during this slow time. Answered not feasible because workers have been furloughed so there are no extra hands to work on the project. Financial summaries for March, April, and May were provided to the Alderpersons. A motion was made by Rex Anderson to approve the financial reports, followed by a second by Charlie Meeker. Upon a roll call vote, all alderpersons voted aye and the Financial Reports were approved.
Under Old Business, a motion to read Ordinance 2020-5 concerning the rezoning 801 School Street from R- 1 to R- 2) was made by Charlie Meeker and seconded by Randy Melton. Upon a roll call vote, all alderpersons voted aye for the Ordinance to be read. The Ordinance was then read by City Attorney Kevin Barham. Susan Holman made a motion to suspend the 2nd and 3rd reading and vote by title only. This was seconded by Charlie Meeker and all alderpersons voted aye. Susan Holman then made a motion to enact the emergency clause, seconded by Rex Anderson with a unanimous aye vote from each alderperson. A motion was then made by Susan Holman and seconded by Brandy Flanary to approve the Ordinance. Upon a roll call vote, all alderpersons voted aye and Ordinance 2020- 5 was approved.
Three Fair Market Analysis’ were presented regarding the old city shop building at 201 South 1St Street. Per City Attorney Kevin Barham, the City does not have full title to the property where the building sits. A verified title could present a problem for a potential buyer and cost between three and five thousand dollars. The building was donated to the City in 1981 and no taxes have been paid on it, so it is not a source of revenue for the City. OG& E also could have a compensation blain on the property. We share storage space with the County, but the City pays all expenses. Rex Anderson questioned where we would move our stored property. Jody Sampley from the Street Department had stated at the March meeting that the equipment could be moved to the Street Department Building by the Community Center. Susan Holman asked if we could put a time stipulation on use of the building by the new owner. Mr. Barham answered that that stipulations of up to two years are possible, but conditional provisos could hinder a sale and lessen the value of the property. Randy Melton pointed out that if sold for less than $ 20,000 the City Council can approve a sale. If over$ 20,000, then bids must be taken. The building has not been used since 1981. No other offers have been given or interest shown in the property for at least two years. Susan Holman and Rex Anderson asked if we need to advertise and Mr. Barham answered no. Charlie Meeker asked about the procedure for taking bids. Mr. Barham answered that this would cause at least a 30 day delay in the sale of the building. The interested buyer, Chris Brockett, was present at this meeting. Mayor Hall asked Mr. Brockett if a 30 day delay would be a hindrance to which he replied yes it would. He stated that he has plans for opening up an independent brewing company/ tourist attraction and he has other deals regarding equipment that hinge on acquiring this property. Randy Melton asked if we had any other offers and Mr. Barham responded no we do not. Mr. Brockett made an offer of$ 19,900.00 plus closing costs and the costs of resolving the title issue. David Mahon of the planning Commission agreed that the offer for the building is extremely generous considering it current physical condition. A motion to accept Mr. Brockett’ s offer was made by Brandy Flanary and seconded by Susan Holman. A roll call vote was held with Anderson, Flanary, Holman, Melton and Nicely voting Aye and Mr. Meeker voting Nay. The sale was approved.
A motion was made to add Resolution 2020- 7 and Resolution 2020- 8 to the agenda as articles c & d by Susan Holman and seconded by Rex Anderson. A roll call vote was done with all alderpersons responding Aye. A motion to read Resolution 2020-7 was made by Aerial Nicely and seconded by Charlie Meeker, with all alderpersons voting aye. Kevin Barham read Resolution 2020-7 concerning a continuation of a sales tax levy and its usage. Motion to adopt Resolution 2020- 7 was made by Rex Anderson and seconded by Susan Holman with all alderpersons voting aye. A motion was made by Charlie Meeker to read Resolution 2020-8 and seconded by Rex Anderson. All alderpersons voted aye. Resolution 2020-8 concerning financial aid for smaller cities as well larger cities during the COVID-19 closures which have affected small businesses and sales tax revenues was read by Kevin Barham. Motion to adopt Resolution 2020- 8 was made by Susan Holman and seconded by Charlie Meeker. All alderpersons responded with aye.
Ordinance 2020- 6 concerning rezoning 239 S. 19t’ from R1 to C- 2 was presented. Arkansas Valley Electric has bought the property and have stated their intentions of tearing down the house that is currently there and using the property for their trucks and equipment. They intend to put up a fence to separate dust and noise from the neighboring residential area. A motion to read the Ordinance was by Rex Anderson and seconded by Aerial Nicely. All alderpersons voted aye. The Ordinance was then read by Kevin Barham. Susan Holman made a motion to dispense with the 2″ d and 3 d reading of the Ordinance, seconded by Aerial Nicely. All alderpersons voted aye. Aerial Nicely then made a motion to enact the emergency clause, seconded by Brandy Flanary and all alderpersons responding with aye. Motion to approve Ordinance 2020-6 was made by Aerial Nicely and seconded by Brandy Flanary with all alderpersons voting aye. Ordinance 2020-6 was approved.
Ordinance 2020-7 concerning rezoning 1210 W. Main from R1 to C- 2 was presented. This property is owned by Woolsey Dentistry who wants to expand his business toward the back of the property. A fence must be installed between residential and commercial zones. David Mahon of the Planning Committee stated they had addressed the concerns of the adjoining property owners and all concerns related to traffic flow were satisfactorily address by Mr. Woolsey. A motion to read Ordinance 2020-7 was made by Charlie Meeker and seconded by Rex Anderson with all alderpersons responding with aye. Kevin Barham spoke that this Ordinance does not have a legal property description, just a listing from the appraisers office, so this vote will be based on the physical address of 1210 W. Main. He also stated that the Requestor must obtain and pay for a legal description and that this needs to be done through a licensed attorney. Mr. Barham then read the Ordinance 2020-7. A motion to dispense with the 2nd and 3rd reading was made by Randy Melton and seconded by Charlie Meeker with all alderpersons voting aye. A motion to enact the emergency clause was made by Aerial Nicely and seconded by Susan Holman, with all alderpersons voting aye. Motion to approve Ordinance 2020-7 was made by Susan Holman and seconded by Randy Melton with all alderpersons responding with aye. Ordinance 2020-7 was approved.
There was no public input at this meeting
Announcements: Census results shows that as of June 4, 2020, we are at 58. 9% compliance of which 22. 9% were completed using the Internet. In 2010 we were at 62. 8%. Please encourage residents, friends and family to complete their Census.
Spring Clean is to be the week of June 22-26. Flyers are available listing acceptable items. Electronics must be taken to the transfer station. There will be no charge with presentation of a current water bill to prove residency.
CARDS will begin adding a $ 5 charge per extra cart to customers monthly bill instead of charging a lump sum.
Fireworks show will be Friday July 3, at 9:45. Social distancing will be observed. All attendees must stay in their cars.
Aerial Nicely asked Mr. Barham about an ordinance/ resolution regarding yard clean- up.
He responded that a procedure is in the works.
Charlie Meeker asked if there had been any progress made on the Kimbrough Building.
Mr. Barham stated that he is also working on that issue.
There will be a Fire & Police Department meeting on June 22″d, and a Cemetery Board meeting on June 25. Both of these meetings will be at 5: 30 p. m.
There being no further input or questions a motion to adjourn was made by Susan Holman and seconded by Rex Anderson. Upon a roll call vote all alderpersons voted aye and the meeting was adjourned.
Passed and approved this
13t’ day of July, 2020.
Mayor Roxie Hall
City Clerk Susan Stevens