Minutes Of The Regular Meeting Of The Ozark City Council
July 13, 2020 

Ozark City Council Meeting Room 

A Regular Meeting of the Ozark City Council was held on July 13, 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, Charles Meeker, Randy Melton, and Aerial Nicely. After Call to Order by Mayor Hall, Kevin Barham gave the Invocation, followed by the Pledge of Allegiance led by Brandy Flanary. 

Upon a roll call, a quorum was declared to exist for the meeting. Randy Melton moved for approval of the Minutes from the June meeting. This motion was seconded by Charles Meeker, and upon a roll call vote all alderpersons voted aye and the minutes were approved. 

Financials: Susan Holman questioned the Sales Tax Revenue being only$ 13,990.32. There is a handout for reference and Marla has phone calls out checking into the matter. Hopefully we will have it resolved tomorrow. Motion to approve the Financial Reports made by Susan Holman and seconded by Rex Anderson. On a roll call vote, all alderpersons voted aye and the Financial Reports were approved. 

Committee Reports 

Charles Meeker gave the report for the Fire & Police Committee. There were 375 total calls last month. Body Cams are to be worn at all times. 

Randy Melton gave the report for the Policy& Personnel Committee. He stated that they have almost completed the new employee handbook and hope to have it finished by next month. 

Brandy Flanary gave the report for the Cemetery Committee. She stated that they had discussed installing cameras and possibly locking the gates from dusk until dawn to discourage vandalism. Also discussed was possibly updating the fencing and lights similar to what Arkansas Valley Electric has done, and also fencing the back of the cemetery. She is researching grants to help with funding these projects and searching for the accurate age of the cemetery. 

New Business 

Rezoning Ordinance 2020- 9 was presented by David Mahon for 510 West College Street to be changed from R- 1 to C2. Susan Holman questioned why, and David answered to meet the future growth needs of Bank OZK. Motion to read Ordinance 2020- 9 was made by Susan 

Holman and seconded by Charles Meeker. All Alderpersons voted aye on a roll call vote. Kevin 

Barham read the Ordinance. A motion to dispense with the 2nd and 3rd reading was made by Susan Holman and seconded by Rex Anderson. All Alderpersons voted aye. A motion to approve Ordinance 2020-9 was made by Rex Anderson and seconded by Susan Holman. All Alderpersons voted aye and the Ordinance was approved. 

Discussion of uses for old city pool: 

An outdoor trampoline— City would be liable for accidents and upkeep, or a Flower Garden. Jason Russell presented a plan to use the space for training for the Fire Department. They would fill in the pool and cover in gravel to use for auto rescue training. The building is total concrete, so it can’ t be used for a live burn, but can lay out slow, smoke burn rescue scenario training. The Splash Pad would continue to be accessible from Memorial Day until Labor Day. Ozark could also work with other cities in training their Fire Department employees. 

Sarah Capp was not present. She will present her information in September. 

Discussion regarding recycling drop- off location. ( see handout) 

We paid Greensource $6200.00 last year and are already at$ 4000.00 for this year. Cost is $ 500.00 monthly, then $100.00 for any additional pick-ups. We also must have a new location. Mayor Hall asked since curbside pick- up is beginning again on August 1st, do we really need the drop- off location? It seems to be providing a double service. Rex Anderson stated that he uses the drop- off location regularly for shredding and cardboard. Mayor thinks that a lot of non-citizens are using the location. Kevin Barham stated that it costs more to dispose of the items than to have them picked up. Susan Holman asked if it was possible for the County to take it over? Justin from Greensource will be talking to Judge regarding recycling. Mayor Hall pointed out that CARDS has a holiday schedule for extra pick- up. Aerial Nicely asked it could possibly be put in the Spectator and/ or the City Facebook page and/ or the City Website. 

Ordinance 2020- 8 

Kevin Barham presented Ordinance regarding neglected/ abandoned property. This will give the Collectors Office and the Assessors Office access to find out who is the owner of the property in question so that notice can be given of potential action. It also gives guidance for police to assess problems and protocols for notice such as a hearing, arguments, clerk certification of findings, and entry on Collectors books. Randy Melton and Rex Anderson in favor of and all Alderpersons agreed to table the Ordinance to get a more clarified and current copy of said Ordinance. Mayor will deliver these tomorrow. 

Resolution 2020- 9 

Authorizes Mayor and City Clerk to execute a deed of conveyance. Regarding City property at 101 East Main Street. Charles Meeker asked if we could make the sale conditional on improvements being completed. Kevin Barham state that this is not really feasible as the buyer would not be able to get a loan from any bank to do improvements. A question of how much property was being sold. 2 lots— the OG& E lot and the Tom Edgin lot. Kevin again stated that this information was given before the vote in June. Many questions and much discussion on what lots were understood to be included in the sale and what is in the legal description. Rex Anderson suggested to go ahead with the vote but exclude the Tom Edgin property at this time. Charles Meeker stated that the buyer will be upset not to get both lots as agreed upon, and then presented a copy of platte describing property. Kevin Barham stated that we may need to call a Special Meeting and discuss this further. Motion to table Resolution 2020- 9 was made by Rex Anderson and seconded by Charles Meeker. All Alderpersons voted aye. 

Resolution 2020-10 

A Resolution strongly encouraging wearing masks in public. This is a Suggestion— not an Order. Rex Anderson suggested waiting a month to see how the County numbers regarding Covid- 19 were doing, and if they were still rising, then pass the Resolution. Kevin Barham answered that this was like shutting the barn door after the cow was out. Susan Holman suggested that we take no action on this Resolution at this time. 

Announcements 

There will be free COVID- 19 testing, Saturday, July 18th, 2020 at the Senior High School parking lot. Test is free, but bring your insurance card. 

Local 4- H groups cleaned and painted tables at Gar Creek Park ( Eastside). The City provided the paint ($ 755.00). They did an excellent job and tables look great. Mayor Hall is planning on painting the benches with any leftover paint. 

Updates 

The Sidewalk project is progressing quickly and looks great. 

The Fourth ofJuly Fireworks show went off very well. Everything ran smoothly, and everyone followed the rules. 

There is an ad in the paper regarding brush removal. 

The Walking Trail is almost completed. We need to get cameras installed. 

Employees Of The Quarter 

Fire Department— Nick Trotter, Water Department— Leeroy Campbell, Police Department— Devin Bramlett, Street Department— Jody Sampley, and City Offices— Marla Ward. Mayor Hall presented the recipients with a $ 50.00 gift certificate donated by the 1- 40 Travel Center. Mayor Hall also presented a gift certificate to Clark Burger to CityAttorney Kevin Barham, purchased by herself in appreciation of all of his hard work. 

City Attorney noted that Mr. Brockett (the buyer for the City property) had arrived and suggested a 10 minute recess. 

After a 10 minute recess, discussion was resumed on Resolution 2020- 9. Mr. Brockett took the podium. Susan Holman stated that the Council was not given a legal description of the property at the time of the vote. Mr. Brockett stated that he is surprised to be at this meeting as he thought the deal was complete. He submitted two deeds June fourth, one for$ 4900. 00, and one for$ 15, 000, to equal the total sale price of$ 19,900.00 for the two lots. He stated that the City bought the Edgin property for$ 36,000 and it has been paid for in rent. He has had a 600.00 termite treatment done on the old shop building, he has spent$ 10,000. 00 on equipment, he has had plans drawn up, he has a carpenter coming in 10 days and is looking at 80,000 in roof repairs because it is leaking so badly. He is ready to go ahead with his project and asked why he is being held back over a vacant lot that the city has done nothing with for over 10 years. He is offering an opportunity to help Ozark grow by expanding local breweries which will provide employment opportunities, a tourist attraction and tax revenue for the city. He also stated that the building is worth what I’ m willing to pay for it.

Rex Anderson then stated it was a positive outlook to sell to someone so passionate about improving Ozark. Randy Melton then added that no one had stepped forward with another offer. 

A motion was made to bring Resolution 2020-9 back to the table by Susan Holman and seconded by Aerial Nicely. All Alderpersons voted aye. 

A motion was made to read the Resolution by Brandy Flanary and seconded by Randy Melton. All Alderpersons voted aye. 

Mr. Barham then read Resolution 2020-9. Question raised as to the condition ofthe property and the address on the Resolution. An Amendment was suggested to insert “as is” in property description and change to old city shop and vacant lot on 100 East Main. Motion made to amend Resolution 2020-9 by Susan Holman and seconded by Charles Meeker. All Alderpersons voted aye. 

Motion to approve Resolution 2020-9 made by Susan Holman and seconded by Brandy Flanary. On a roll call vote, Alderpersons Anderson, Flanary, Holman, Melton, and Nicely voted aye and Mr. Meeker voted nay. Resolution 2020-9 was approved. 

Motion made to adjourn by Susan Holman and seconded by Randy Melton. All Alderpersons voted aye and the City Council meeting was adjourned. 

Passed and approved this 10th day of August, 2020.

Mayor Roxie Hall 

City Clerk Susan Stevens