June 2021 Council Minutes

Minutes Of The Regular Meeting Of The Ozark City Council 

June 14, 2021 

Ozark City Council Meeting Room 

The Regular Meeting was called to order by Mayor Roxie Hall and upon a roll call, a quorum was declared to exist for the meeting. Present were Alderpersons Rex Anderson, Rusty Cagle, Brandy Flanary, Susan Holman, Charlie Meeker, and Randy Melton. City Attorney Kevin Barham led the Invocation and City Clerk Susan Stevens led the Pledge of Allegiance. 

Charlie Meeker made a motion to approve the Minutes of the May meeting, seconded by Susan Holman. Upon a roll call vote, all Alderpersons voted aye and the minutes were approved. Rex Anderson then made a motion to approve the Financial Reports, seconded by Randy Melton. Upon a roll call vote, all Alderpersons voted aye and the Financial Reports were approved. 

Under Departmental Reports, Brooke Rosson presented a Pool Rental Policy for the Community Center. Rusty Cagle made a motion to approve the policy, seconded by Rex Anderson. All alderpersons voted aye and the policy was approved. Police Officer Hailey stated that dividing up the duties for Code Enforcement is working smoothly. Under Parks& Recreation, Chairman Rusty Cagle stated there was still ongoing discussion on managing Reid Mtn Park( Overlook). Several options were discussed. One was to only repair one restroom after the water line issue is resolved. Another was to consider closing the park during the winter months. A third option was to include a key to the restrooms with a refundable deposit when you reserve a pavilion. 

Under Old Business, Planning Commission Chairman David Mahon presented Ordinance 2021- 7, rezoning 2 tracts of land from RI to C2 for Bank OZK. Rex Anderson made a motion for the Ordinance to be read, seconded by Rusty Cagle, with all Alderpersons voting aye. Mr. Barham then read the Ordinance. A motion was made by Susan Holman to dispense with the 2nd 

3` dreading and proceed with title only, seconded by Rex Anderson. All Alderpersons voted aye. A motion to approve Ordinance 2021- 7 was made by Susan Holman and seconded by Charlie Meeker. All Alderpersons voted aye. A motion was then made by Susan Holman to enact the Emergency Clause, seconded by Charlie Meeker with all Alderpersons voting aye. 

Presented next was Ordinance 2021- 8, a Zoning Request from R-2 to R-2 with a Variance for 801 School Street. Susan Holman asked if the city can dictate housing unit size. Kevin Barham answered no we cannot. David Mahon state that the Fire Chief Nick Trotter had done their inspections and approved the units being 5 feet apart. Rex Anderson still thinks it will be a fire hazard to be so close together. Charlie Meeker said that two Realtors had stated to him off the record that these units would cause property values to drop. Susan Holman stated that that was ridiculous and she would like to meet with these Realtors. She also stated that if someone has a$ 250, 000 house and is worried about property values they need to just buy the lot next

door. Charlie Meeker added that pretty soon all we will have is overgrown lots and no progress. Mrs. Bonds stated that she had copies of the building proposal packets that were handed out last month. A motion was made to read Ordinance 2021- 8 by Brandy Flanary and seconded by Randy Melton. Upon a roll call vote, Rex Anderson, Rusty Cagle and Charlie Meeker voted no and Brandy Flanary, Susan Holman, and Randy Melton voted yes. The deciding vote of yes to read the Ordinance was given by Mayor Roxie Hall. City Attorney Kevin Barham read Ordinance 2021- 8. Rex Anderson and Rusty Cagle still feel that the housing units are too small and too close together. Susan Holman stated that affordable housing is needed and no one has been beating down doors in Ozark to do any building. Brandy Flanary stated that she would hate to see Ozark lose this opportunity. Mrs. Bonds Pointed out that her Grandfather has had comparable units in Van Buren such as she is proposing for over 3 years and they are doing very well keeping stable renters and full capacity. He has since sold his interests in order to retire, but she is looking at this project as a long- term investment. Brandy Flanary pointed out that while she understands the fire hazard concern, a smaller home is more convenient and easier to maintain, especially for the elderly. Mrs. Bonds then stated that finding property has been her main issue. The majority of lots for sale are in a flood plain and not feasible for building. A motion was made to dispense with the 21and31reading and vote by title only by Brandy Flanary and seconded by Susan Holman. Upon a roll call vote Rex Anderson, Rusty Cagle, and Charlie Meeker voted no and Brandy Flanary, Susan Holman and Randy Melton voted yes. City Attorney Kevin Barham pointed out that a Mayoral vote cannot be used in a vote suspending rules, so the motion to dispense failed. Mrs. Bonds then offered to compromise and build only 2 units( 104×81 sq ft.) instead of 3. David Mahon said this would cut the Variance from 2575 feet to 1076 feet and create more distance between units. A motion to Amend Ordinance 2021- 8 was made by Brandy Flanary and seconded by Randy Melton. All Alderpersons voted aye and the motion to amend was approved. A motion to dispense with the 2ndand 3′ reading and vote on the amended Ordinance 2021- 8 by title only was made by Brandy Flanary and seconded by Susan Holman, Upon a roll call vote Rex Anderson voted no, starting that he thought we should discuss for another month. Alderpersons Cagle, Flanary, Holman, Meeker, and Melton all voted aye and the motion was passed. City Attorney Kevin Barham then read the Ordinance title. A motion to approve Ordinance 2021- 8 was made by Brandy Flanary and seconded by Susan Holman. All Alderpersons voted aye and Ordinance 2021- 8 was approved. A motion was made by Susan Holman to enact the Emergency Clause and seconded by Randy Melton. Rex Anderson voted no. Alderpersons Cagle, Flanary, Holman, Meeker, and Melton voted aye and the motion was approved. 

Presented next was Ordinance 2021- 9 to rezone 609 N. 0 Street R- 1 to R-2 with a Variance. A motion to amend the Ordinance Variance from 3500 to 200 feet was made by Brandy Flanary and seconded by Randy Melton. All Alderpersons voted aye and the Ordinance is amended. A motion to read the Ordinance was made by Brandy Flanary and seconded by Randy Melton. All Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. A motion to dispense with the 2nd and Yd readings and read by title only was made by Randy Melton and seconded by Brandy Flanary. All Alderpersons voted aye and the motion passed. Mr. Barham then read the title of Ordinance 2021- 9. A motion to approve was made by Susan Holman and seconded by Brandy Flanary. All Alderpersons voted aye and Ordinance 2021- 9

was approved. A motion was then made by Susan Holman to enact the Emergency Clause and seconded by Brandy Flanary. Rex Anderson voted no. Alderpersons Cagle, Flanary, Holman, Meeker, and Melton voted aye and the motion passed. 

A motion was made by Susan Holman and seconded by Randy Melton to approve renewal of the City Policies presented in the meeting packet. All Alderpersons voted aye and the motion passed. It was noted that this vote should take place every January. 

A motion to add Resolution 2021- 8 to the Agenda was made by Rusty Cagle and seconded by Charlie Meeker. All Alderpersons voted aye. The Resolution allows the Mayor to apply for a 50/ 50 Grant from the Arkansas Department of Parks& Tourism to have lighting installed at the soccer fields. At this time we are not able to use the fields in the fall due to darkness coming earlier. We are also having the distance measured to possibly include the Skate Park. Susan Holman advised financial caution as these grants can sometimes run up to 

100,000.00. Mayor Hall assured the Council that all financial aspects are being considered. The Resolution was then read by City Attorney Kevin Barham. A motion to approve the Resolution was made by Rusty Cagle and seconded by Randy Melton. All Alderpersons voted aye and Resolution 2021- 8 was approved. 

A motion was made by Susan Holman and seconded by Rusty Cagle to add Ordinance 2021- 10 to the Agenda. All Alderpersons voted aye. A motion was made to Amend the dates in Section 4 and read as Amended by Rex Anderson and seconded by Rusty Cagle. All Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. Citizen Vernon McDaniel stated that we already have one of the longest selling periods in the state and that selling early leads to people shooting them off early. Mayor Hall stated that we can cut down on this by educating the public as to the allowed dates and times. Rex Anderson added that the increased selling period would lead to increased revenue for the City. A motion to dispense with the 2ndand 3` dreading and read by title only was made by Randy Melton and seconded by Rusty Cagle. All Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance title. A motion to approve was made by Rusty Cagle and seconded by Charlie Meeker. All Alderpersons voted aye and Ordinance 2021- 10 was approved. A motion was made by Susan Holman to enact the Emergency Clause and seconded by Rusty Cagle. All Alderpersons voted aye and the motion was passed. 

Announcements: A Retirement Party for Brenda Atkinson will be held on Thursday, June 20 from 2pm to 4 pm in the Meeting Room. She is retiring after 241/2 years and will be greatly missed. 

On Wednesday, June 16th, Puddin’ Ridge will be closed to repair the culvert on Norma Lane. All residents have been notified.. 

There will be a Family Style celebration starting at 3pm on Saturday, July 3, sponsored by the Chamber of Commerce. Included will be the Cardboard Boat Races, a Watermelon seed spitting contest, a three-legged race, a corn-hole contest and basketball shoot. There will be 1000 hot dogs given out free of charge. Entertainment will be provided by Mr. Cabbagehead & the Screaming Radishes. The City of Ozark Fireworks display will begin at 9: 45 pm.

A big thank you was given to citizens Kenny and Robin Kreigh off for their volunteer work in picking up trash along the bottom of King Mountain Road. They are an encouragement to the community. 

A motion was made to adjourn by Susan Holman and seconded by Rusty Cagle. All Alderpersons voted aye and the meeting was adjourned. 

Minutes for the Ozark City Council Meeting held Monday, June 14, 2021 were approved and passed this 12th day of July 2021. 

Mayor Roxie Hall, City of Ozark 

City Clerk Susan Stevens, City Of Ozark