October 2023 Council Minutes
MINUTES OF THE REGULAR MEETING
OF THE OZARK CITY COUNCIL
October 9, 2023
Ozark City Council Meeting Room
The Regular meeting was called to order by Mayor Hall, and upon a roll call, a quorum was declared to exist for the meeting. Present were Council members, Angela Harris, Argest Hyler, David Mahon, Loren Maier, Charlie Meeker, and Randy Melton. Also present were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, and City Treasurer/ Deputy City Clerk Marla Ward. Mr. Barham gave the invocation and the Pledge of Allegiance was led by Angela Harris.
A motion was made by Argest Hyler to approve the September minutes and seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and the minutes were approved. A motion was then made by David Mahon to approve the financial reports and seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and the financial reports were approved.
The Water Department reports that in addition to routine maintenance, they processed 54 line locates, installed locator wire stations on Bar Cliff, repaired numerous leaks due to boring and road work in the area including two main breaks on W. Commercial and leaks/breaks on N. 25th, Helberg, Williams, Spring, Vernon, and 2nd Streets. They researched the purchase of a brush cutter for the skid steer, investigated leak reports, and completed 24 service orders were worked turning water on/off and readouts.
The Street Department reports that the paving that was bid out has been completed on Whitney Drive, N. 36th, and Coley Drive. They are looking into doing a little more before the end of the year. The usual mowing was done as well as weed eating the cemetery. There were more street signs installed and potholes filled.
The Police Department lists 98 reports, 35 arrests, 13 accident reports, 1 motorist assist, 17 warrants served, 4 subpoenas served, 17 ordinance warnings, 2 ordinance tickets, 10 juvenile tickets, 130 tickets, 368 warnings. Earl Ellegood has resigned as an officer. Dillion Hancock will take his place when he graduates from Academy in November. We are taking applications for code enforcement and animal control officer. We hosted Advanced Sniper Class. We also hosted AR 15 and Bolt Rifle Armorer Classes. Mercy Hospital used our training room. The Fort Smith Police SWAT team and the Ozark Fire Department both used our training facility.
The Fire Department reports 59 calls for the month of September. They have started annual services on trucks ( oil changes etc.) The annual pump, ladder and SCBA inspection/certification will be completed in October- December. The Building Inspector reports 12 new building permits pulled in the month of August. 14 new building permits were pulled in the month of September. Three old vacant homes were torn down. There were 24 continuing inspections. These include Tractor Supply, a 3- home remodel on 3rd Street, the old speakeasy building and continuing work on the Kimbrough Building.
The Community Center reports that they are mostly booked on weekends. The Fall Break Sale included 20% off memberships October 13-16 and $3/day pass all weekend for Fall Break. Arkansas Health & Safety are hosting swim lessons in October. We are looking for companies that furnish & install fitness rooms to hopefully have an idea for the Exercise room to get it set up soon. The basketball goal in the pool area has broken again, we are ordering a replacement asap. Planning to have a “Glow Night” at the Center. We will be set up at Scare on the Square
with a “Glow Foam Party.”
Council member Argest Hyler provided a handout of the minutes from the Parks & Recreation Meeting held September 19th. Regarding Eastside Park, there has been an increased amount of trash being left at the park and in the restrooms, but vandalism has been reduced. It was mentioned that there are options for self-locking doors on timers that are being used in other towns. Michael Brasseaux said that they had installed cable barriers along the area near the softball fields to prevent vehicles from driving and parking in the grass. He stated that they were going to go back and cut a section out to make a walk-through to the sidewalk. The splash pad was kept open for an additional week due to the extreme heat in September but has now been closed for the year. Everything is going well at the Overlook except for the water pressure issue. Shelby Beasley is to speak with someone about the lighting issue at the pocket park. It was asked when the city would finish removing the flower bed. It was suggested to wait until November due to the pocket park being utilized during events throughout October. Lighting around the Courthouse was discussed. The square is dim and dark at night even with the current lighting. Mayor Hall said she had a meeting scheduled on September 23rd and would ask if it would be possible to look at the lighting that was being used behind the City Complex as an example for a possible remedy to the dim lighting downtown. Brook Rosson said she was considering doing a glow party event in October. She stated that the Center volume has slowed down due to school being back in session but the weekends were still remaining booked. They will be having a booth at the Square Gathering and also at Scare on the Square. Lastly, she stated that they had gotten the grant application turned in for the splash pad area expansion. Seth Strick was scheduled to speak to the committee regarding a food truck at Eastside Park but was not present. Shelby Beasley of Main Street Ozark spoke about possibly helping with grant money to convert one of the tennis courts at Eastside Park into a Pickleball court. Michael said he would do some checking about what would be involved in repairing the concrete pad area. Mayor Hall brought to the committee’s attention the suggestion of a dog park being built in the city. The area known as the Eastside baseball field was suggested. The area is already fenced and large enough to accommodate a dog park. Shelby said that they could possibly help a little since that area is in the Main Street parameters.
Council member David Mahon presented the Street and Water Committee report. The sewer at 14th and Kelly presently runs out of the current structure. The lines are cast iron and are on the verge of collapse. The Estep’s do not want to grant an easement across their property as they are planning on building. A rough cost estimate obtained by Tonya is $62,800 plus $5000 for design work to extend down Kelly Street for the Miner’s new build. In the past we have gone 50/50 with a developer and/or the city has paid. There was discussion about different directions to possibly take the sewer lines and connect with the school. David stated that he has spoken with Summer Miner about presenting this issue to the Council. Whether or not they develop their property, the line is collapsing, and the city will be responsible. Tonya stated that water department personnel were in contact with the Miner’ s and the school to discuss easements for such a project looking for shortest distances and the possibility of going southward. It was agreed to table the issue until further information is available. The next issue to be addressed is Tractor Supply requesting to be hooked up to the city’ s sewer. Ordinance 1999-24 prohibits sewer hook-ups for anyone not inside the Ozark city limits. Tractor Supply is now requesting annexation into the City of Ozark and has started paperwork with the office in Little Rock that handles verification of city limits and annexation requests. Randy asked if there was any way to fast-track the annexation since their opening date is quickly approaching. Kevin replied that you can only modify an Ordinance with another Ordinance and that since they are the ones initiating the request it shouldn’t take as long. The opening date is set for November 17th, so we are hoping for news by the November City Council meeting. Street issues included flooding on Cliff Drive where we will be installing culverts.
Old Business: Ordinance 2023- 12 re City Council Meeting Procedures. A motion to read the Ordinance was made by Randy Melton and seconded by Angela Harris. Upon a roll call vote, Council members Maier, Harris, Melton, Meeker and Hyler voted aye and Council member Mahon voted No. Mr. Barham then read the Ordinance. Discussion followed.
D. Mahon stated that state statute requires 3 members to call a special meeting. We require 2/3 vote which is 4 members. Are we going above state statute?
K. Barham: a good question. What statute? My understanding is a 2/ 3 vote and yes we can go above the state requirement.
D. Mahon: On P.3 section ( i) seems to limit the public’ s right to video and/or record.
Mayor Hall: that was the purpose of updating all of our systems so that audio/visual is available to everyone online.
K. Barham: the City has an obligation to provide audio/ visual but there is no law that I know of that says the public has any right to video or record.
D. Mahon: Regarding financial interests on PA item ( g), when should Council members abstain?
K. Barham: If there is any financial involvement— family or not— you should abstain.
D. Mahon: P. 6, section p ( Mayor and Council Relationship) does not pertain to meetings.
R. Melton: This was discussed at the meeting, and it was decided to leave it in as a good information source for the public.
A. Harris: So that if there are any questions, they ( the public) can easily find answers.
D. Mahon: Sections t (Responsibility of Mayor and Council to All Citizens), u (Orientation of New Council Members), and v (Ongoing Orientation), also have nothing to do with meetings.
K. Barham: They state “… and for other purposes.”
D. Mahon: We are voting to pass an Ordinance with rules on how to conduct a meeting that we ourselves are not following tonight. In Tuesday night’ s meeting, some state statutes were removed and some were kept. Are we just picking and choosing?
K. Barham: The ones that were left in were considered to be helpful to new Council members.
D. Mahon: There is still a lot of redundancy in the Ordinance. If we pass this tonight, we are not doing what the Ordinance was put forth to do in giving the public adequate notice. Yes, it was on the agenda that I received Wednesday, but I did not receive a copy of the Ordinance until noon today.
K. Barham: You received it a month ago. It has been out to look at for a month and sent out with tweaks and changes in numbering and pronouns, and other small changes.
D. Barham: I have heard other Council members say that we can amend it later. If this is the case, why pass it tonight?
L. Maier: Nothing is going to be written in stone. Anything and Everything will be changed down the road in some way. Nothing is set in stone.
D. Mahon: I agree. We can write it with the best of intentions, but I don’ t feel that this was done in that way.
Mayor Hall asks B. Rosson if she is able to pick up David. She stated yes. David stated that he hadn’t turned his personal mic on.)
R. Melton: I respect your opinion, but it doesn’t seem to be the opinion of the majority of the Council tonight. I respect your reasoning, but can I go along with it— no. I believe this should be passed tonight.
D. Mahon: Yes, to go along with the Council, but with the citizens— probably not.
R. Melton: That’ s your opinion.
Mayor Hall: Is there any more discussion? If not, I need a motion to approve.
Randy Melton then made a motion to approve, seconded by Loren Maier. Upon a roll call vote Council Members Argest Hyler, Charlie Meeker, and David Mahon voted No. Council members Randy Melton, Angela Harris and Loren Maier voted Yes. Attorney Kevin Barham stated that it was a 3 to 3 tie and Mayor Hall would need to cast her vote. Mayor Hall stated that we need to move forward with this issue and that her vote was Yes. The motion passed and Ordinance 2023-12 was approved.
New Business:
Ordinance 2023- 13 Tax Levy for the benefit of the Firemen’ s Pension Fund. Argest Hyler made a motion to read, seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Randy Melton made a motion to dispense with the 2nd and 3rd readings and proceed by title only, seconded by Angela Harris. Upon a roll call vote, all Council members voted aye. David Mahon made a motion to approve seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and Ordinance 2023-13 was approved.
Ordinance 2023- 14 Tax Levy for the benefit of the Volunteer Fire Department. David Mahon made a motion to read, seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Argest Hyler made a motion to dispense with the 2nd and 3rd readings and proceed by title only, seconded by Randy Melton. Upon a roll call vote, all Council members voted aye. Davis Mahon made a motion to approve, seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and Ordinance 2023-14 was approved.
Ordinance 2023-15 Tax Levy for the benefit of the General Fund. Randy Melton made a motion to read, seconded by David Mahon. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Argest Hyler made a motion to dispense with the 2nd and 3rd readings and proceeded by title only, seconded by Angela Harris. Upon a roll call vote, all Council members voted aye. A motion to approve was made by David Mahon and seconded by
Charlie Meeker. Upon a roll call vote, all Council members voted aye and Ordinance 2023-15 was approved.
Theresa White from the Ozark Pride& Beautification Committee presented a handout regarding Eastside Park( Gar Creek). They have planted 200 trees city-wide since February and they are doing well. Upkeep of this park is a constant struggle with vandals but is worth the fight. 1500.00 was spent on paint and with volunteer help everything in the park was painted. They contacted the High School Art Department for ideas based on the criteria of” Arkansas River Valley Flora & Fauna.” These were sent to ” Some Girls & A Mural” with a $200.00 presentation fee. This is a group who travels to smaller cities and towns for beautification projects. Upon inspection, the wood of the stage and side has rotted and is falling apart. It would have to be torn out and replaced. Phillip McElroy can do this part at a cost of $4200.00 which is under the 10,000.00 limit per the Mayor. Andy Dwyer pressure washed, painted and sealed the repairs. The Mural was completed on October 91h. It is also sealed with a UV protectorant against fading caused by the sun and possible graffiti damage. Shelby Beasley from Main Street Ozark delivered the contracted price of half down and half upon completion. She stated that the board from Main Street Arkansas was in town and loved the ideas and plans. Theresa stated that they started with the worst side, but there were two more to be completed in the future. Mayor Hall stated that we have a bid of $7000. 00 to finish the back and west side. We have spent $4200.00 so this will be over our budget of $10,000.00. Can we as a community consider this project?
Eastside Park is the eastern gateway to our city. Theresa then stated that there are many tourist events held there. In just the past few weeks we have had the BBQ & Blues Festival, a Bass Tournament, and Bluegrass in the Park. The Mayor gave a thank you to Theresa and to the Pride Beautification Committee. Randy Melton asked what we needed to do to take this on. Mayor Hall said that the Bid of$ 7000. 00 from Phillip McElroy would revamp the back door, repair both remaining sides, and that any visible wood would be wrapped in metal. Randy stated that prices are only going up the longer we wait. David Mahon stated that considering the initial cost of $4200.00 plus the $7000.00 puts the project at $11,200.00 and there are always contingencies. Randy said that he would recommend that we move forward with the project as it is a win/ win for the city. David asked if we needed a motion and the Mayor stated that Randy had made one. Randy said to go with David’ s. David Mahon then made a motion to approve $13,000. 00 total
expenditure for the East Side Park Bandstand project. This was seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and the motion was approved.
3e. Appropriation of Mitigation Grant Funds. We have received grant approval from the State Hazard Mitigation Grant Program for the N. 291h Bridge project. Since the bridge is on Corps property, we have submitted a permit application for the work. Argest Hyler asked about the required finish date of April 1, 2024. They (the Corps) have been onsite and are well aware of the drainage issue and assured us that they would get the permit through as quickly as possible. Randy Melton noted that time extensions are available if requested within 14 days of the deadline. The total grant amount is $130, 060.00. The State share of this is $97,545. 00. The City’ s share will be $32, 515. 00. The City will pay the entire amount and then upon completion and documentation of the project, the State will reimburse the City for their part. David Mahon asked how long the reimbursement usually takes and Mayor Hall stated that 6 weeks is the usual time frame. David Mahon made a motion to approve the appropriation of funds for the 29th Street Bridge Project, seconded by Argest Hyler. Upon a roll call vote, all Council members voted aye and the motion was approved.
A motion was made by Argest Hyler to bring back to the table Resolution 2023- 10: ” A Resolution selecting a professional engineer for services related to the Kimbrough Building and authorizing the Mayor to negotiate a fee and authorizing payment thereof.” This was seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Resolution. Charlie Meeker made a motion to approve the Resolution and was seconded by David Mahon. Upon a roll call vote, all Council members voted aye and Resolution 2023- 10 was approved.
Public Input: Mrs. Linda Estep declined to speak as her matter( the sewer issue) has been tabled for further research.
David Mahon then requested to speak. He stated that he has always tried to investigate any subject that was brought to his attention since he took office. However, he would like to apologize to Nathan and Sarah Rodriguez. He stated that he felt they were unfairly targeted and warranted no investigation of wrongdoing.
Announcements: * We have been notified by the Arkansas Parks& Tourism Board that we have made the finals for the grant for the expanded splash pad project, new playground equipment, and new handicap restrooms at the softball fields. Brook and I will be doing a presentation in Little Rock on October 27th at 9: 50 a.m. as part of the consideration of need. * We are so thankful for the Highway 64 paving project. The roads are so much better. It should be
completed in 5- 7 days. * The Fall Clean-Up was a tremendous success! Thank you to all the citizens who set your items out and made a difference. We appreciate CARDS for their extra work in providing curbside pickup. * Thank you to Ozark Pride& Beautification for a great kick off for the city-wide cleanup held on Saturday, September 301h. Theresa White, Lindsey Fultz, and Evelyn Faulkner did a great job of organizing this event. A big thank you to all of our 45 volunteer’s who worked so hard that day and to all those who donated door prizes. Thirty- four 30-gallon bags of trash were collected. As always, volunteers and committee members are always appreciated and needed. * Scare on the Square will be on Tuesday, October 31st from 6 to 8 pm. Charlie Meadors will be donating extra lights for the event. This will definitely make a difference down around the Square. Fire Station #1 on School Street will be serving free hot
dogs. *We have also made the list for repairs/improvements to Highway 219, but no time frame is available. Remember we were on the list for the Hwy 64 project since 2019. Please be patient. The Square Gathering is Saturday, October 141h from 9 am to 4 pm. It will be kicked off by a Run for the Donut” race. Lots of food and crafts. There will be a Kids Zone onsite. For a $5 armband charge, kids can participate in the activities provided. Sarah Rodriguez from the Chamber of Commerce stated that booth space is at capacity and she has had to turn people down. There will be a partial eclipse at 11:00 am with 75% coverage. The Chamber will have a booth with t-shirts and glasses available. This will be a good lead up event for the 2024 eclipse next April. * Joseph Yoakem asked for money for the Pumpkin Patch event from the A& P. They were able to provide him with$ 6,000.00. They are having great crowds and community
involvement with families and groups coming from as far away as Oklahoma.
Employees of the Quarter( July—August— September)
Water Department Josh Rosson
Street Department Robert Gresham
Community Center Ruthie Qualls
Police Department Tyler Wiliams
Fire Department Jason Hall
Charlie Meeker stated that a tentative date for a Budget Committee meeting will be in the first week of November.
Argest Hyler made a motion to adjourn, seconded by David Mahon. Upon a roll call vote, all Council members voted aye and the meeting was adjourned.
Minutes for the Ozark City Council meeting held Monday, October 9, 2023, were approved and passed this 13th day of November, 2023.
Mayo Roxie Hall
City Clerk Susan Stevens