May 9, 2016

Council Meeting, Regular Session

5:30 p.m.

The Ozark City Council met in regular session on May 9, 2016

The Mayor called the meeting to order at 5:30 p.m.at City Hall. City Clerk called roll. Those present were T. R. McNutt, City Clerk, Sonya Eveld, Phillips, Council Members Chris Warden, Susan Holman, Harvey Waters, Victoria Vicars, Rex Anderson and Roxie Hall.

Mayor McNutt welcomed the crowd and called the meeting to order.

Vicars gave the invocation, and Holman lead the Pledge of Allegiance. A motion was made by Holman with a second by Hall to approve the financial reports and minutes. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters.

Committees, Commissions Reports

Roxie Hall reported on the Parks Committee meeting that was held April 19 th. Gina Durning and Nanette McClain were hired as pool managers this year and Jody Sampley will supervise the pool. The pool will open Memorial Day and will host swim lessons, pool parties, and family nights.

Warden reported that A & P met last week and finalized its budget. There are two nominees for the open position and the commission will vote on who to recommend when they meet again.

Planning commission met on May 5 th and recommended two zoning changes.

Both 1213 Kelly St. and 14 th and Kelly asked to change from R1 to R2. Holman made a motion to accept these changes seconded by Hall. On a roll call vote the Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters.

Jody Sampley of the Street department asked council to pass resolution 2016-8 amending 2016-2 for 2016 budget. Jody put in the 2015 budget five thousand to contract brush hogging but has found a sickle to do the job for the same money.

He wants council permission to purchase the sickle. Warden made a motion to purchase the sickle seconded by vicars. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters.

Next Eveld said he found a group who could do the BLS billing for the fire department for a 15% collection of net proceeds. They use electronic deposit and do all the billing. Phillips recommend Eveld check to see how they handle non payments. Holman motioned to continue with this group seconded by Hall. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters.

Devin, Police Chief said June third was a game to benefit shop with a cop. He is working to get a grant for the department also.

Old business:

The sign ordinance received word from the planning commission that the sign ordinance stands as written, it just needs to be enforced.

Next was the internet update. Anderson invited Ben to take the podium, and he said he has had good results with 20-30 mg connections and is seeking a five- year agreement with the city. Rates for households is from $39-$89.Rex said he would meet with Zolliecoffer to see if we could use his towers for the internet repeaters.

Next, Clerk Eveld asked council to approve Nathan Griffith, though he was previously approved, he was not included in the minutes and needs retro pay for the first quarter of 2015/ Hall made a motion seconded by Holman to pay Nathan retro from Jan 1 2016 to the end of march 2016. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters.

Next Chris Brockett had asked for permission to go to the Corp and has gotten a response. He is going to re-ask UP to settle this. Chris said Brandon has no authority to make an offer regarding the mayor saying Brandon had offered the city a settlement. Mayor McNutt said he did make the offer, but not formally. Vicars said we are looking as if we are going to prevail. Brockett said that UP would have to put a crossing back but leading up to and away from the crossing would be on the city.

He said we could wait and do this in court or settle. We need access on the south side of the tracks. Jeff asked who would do a survey of the land? Chris said it was a good question and would have to be a neutral party. Susan asked Chris if he advised going on to court, or settling. Chris said we could of forward and ask to settle, either way we haven’t lost anything. Chris Warden said he felt it would be better now. Waters asked Jeff Phillips what we should do. Jeff felt we should negotiate now. Harvey made a motion to negotiate to settle now second by hall. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters. He will negotiate the easement of 25 ft. uniform, the overhead crossing, and the cantilever walk into UP’s easement.

Next was the Marina update:

Vicars reported no further progress until we fund core samples. Waters asked if the owners weren’t supposed to fund those samples. Vicars said they cannot because they don’t have the lease. The city has the lease so would have to be the ones to get the samples. She said it would cost approx. $35-40K for the core samples, $25K for the north side and $10K for survey fees. Vicars recommended using riverfront development funds and the rest from General. Jeff Phillips said he consulted Mark Hayes with the Municipal League Legal team and Mark said to use grant funds would be unconstitutional. Warden asked how long the samples are good for. Jeff proposed council meet with the corps to see what we’re buying. Victoria will initiate conversation with Hathaway for a meeting and invite colonel Paul. She is trying for Wednesday the 11 th and for a second option the 23 rd of May.

New Business:

PD Grant application. It was decided we could address this later as the pd didn’t have all the information together at this time.

City Website:

Tim Vahsholtz introduced the city website showing the council what is on the site now and the capabilities.

Next the mayor brought up a new city hall location. He said a nice opportunityhas risen that would take care of an eye sore and provide a city hall for us. The old piggly wiggly originally wanted $400,000, but would sell it to us now at $200,000. A new roof is included in this price. Kevin said it would house the police department, who could purchase the building with emergency services funds from the sales tax and the city could pay their own portion of the renovations from general. Susan asked for a building committee. She felt if a committee was in place in the first place problems could have been avoided. Roxie hall was upset that she was asked to make a decision without any knowledge. Mayor McNutt said that he is bringing it to council’s attention now for discussion. Roxie said she would not make a decision today. Susan wants to meet at the end of the week.

Holman moves to form a building committee with three council members, Mayor, Cecil, Kevin, Devin, Chris, Susan, and Rex, seconded by warden. On a roll call vote the following voted; Aye; Warden, Holman, Hall, Anderson, Vicars, & Waters. Council will meet the 12 th at 4;30 in council chambers.

Public Input:

Mayor reminded council of steps to get on agenda. Nathan Rodrigues then took the podium and said he wanted to discuss mayor behavior. Mayor McNutt told him he had two minutes per our ordinance. Nathan said McNutt promised city hall would be downtown, McNutt said he said he would try. Rodrigues have various negative comments towards the mayor and city staff. Then Tanya Roberson said that she felt her job was being threatened because mayor McNutt told her boss at a local meeting that some negative comments were coming from Roberson towards City Hall, and McNutt wants us to pull together, not be negative towards each other. Roberson called for McNutt to resign.

Vicars made a motion to adjourn, seconded by Holman. On a roll call vote the following voted;

Aye; Holman, Hall, Anderson, Vicars, & Waters.

The meeting adjourned at 7:36 p.m.

Passed and APPROVED this 13th day of June 2016

______________________________

Mayor T. R. McNutt

ATTEST:

__________________________

City Clerk Sonya Eveld