OZARK CITY COUNCIL REGULAR SESSION

June 13, 2016

5:30 p.m.

First was a public hearing for the parks department grant, led by Tracee McKenna with WAPDD, seeking

input from citizens for amenities needed for city parks.

 

Tracee McKenna with the West Arkansas Plan and Development District discussed the grant application

and asked those in attendance at the meeting what they might like to use the money for. Of several

recommendations, building a Skate board park topped the list. A skate board park has been discussed

on and off for 14 years and the city had a grant for that purpose but that money was used to fund the

rural fire departments instead (Arkansas Highway Department), noted Council Member Roxie Hall.

 

Another popular suggestion was a “dog park”, followed by drinking fountains along the walking trails, a

pedestrian walkway on the Hwy 64 bridge across Gar Creek and a covered stage and restrooms at the

Ozark Pavilion at the West Side Park.

 

McKenna said she would continue to meet with McNutt and the Parks/Recreation Committee and

submit a grant application by the end of August.

 

The hearing wrapped up at 5:42p.m.

 

Mayor McNutt opened the council meeting at 5:42 p.m. Present: Mayor McNutt, Clerk Eveld,

Attorney Jeff Phillips, Alderpersons Warden, Hall, Anderson, Vicars, and Waters. Absent was Holman.

 

Anderson gave the invocation and the pledge was let by Warden.

 

Hall motioned to approve the minutes and financial statements seconded by Anderson. On a roll

vote, the following voted: Aye: Hall Anderson, Waters, Warden, Vicars. No Nays.

 

Warden reported on the water committee meeting saying that two bids were recommended, being

the two lowest bids, Paladino for $158,750.00 and Associated building for $306,534.00. Hall

motioned to go with the recommendations, seconded by Anderson. On a roll vote, the following

voted: Aye: Hall Anderson, Waters, Warden, Vicars. No Nays.

Next Anderson reported on the building committee meeting and the multiuse facility plans are 50%

complete. Police and fire are looking at easements and doing surveys. Plans are still in the works for

the emergency services building. Hall asked if the piggly wiggly building was still being looked at. The

mayor reminded everyone that Harvey waters motioned to cease and desist with perusing that

building and no other conversations have taken place regarding that building.

Warden reported that A & P will meet this month and bring a nomination to the council to fill a

vacancy on the commission. Hall said she had a call regarding a citizen wanting to rent a booth for an

event but April Roberts couldn’t take the money because she isn’t bonded with the city. Hall wants

to see that that gets done. Warden said the A & P chair is already looking into that.

Department Heads:

Ozark Fire Chief Kevin Eveld reminded everyone that the Independence Day celebration will be on

Saturday July 2, and that fireworks at East End Park start at 9:30 pm. A gala parade at 6:30 starts the

event and the Cardboard boat races start at 7:30 pm.

Fire Department: Eveld also reported that from 2008-2015, the fire department had been called out

3,524 times and had 2,131 medical and first responder calls. He also said the department now has 11

EMT/Medics, 6 First Responders and that all the city’s police officers are now on the fire department. He

also said the Jaws of Life had been used 79 times.

“People are alive today because of the money you (the council) have spent,” said Eveld as he thanked

the council for their ongoing support.

Street Department Superintendent Jody Sampley said he was working on two $250,000 grants; two for

streets and sidewalks for portions of Hillbilly Lane and four other streets that will be resurfaced

(including College Street) with $250,000 from state aid if approved by the Arkansas Highway

Department.

McNutt noted that he has had a lot of calls about yards being grown up, and said that the city has

mowed some of the yards because they had become so unsightly. He said that the city has send out

several letters to property owners.

Police Department

Police Chief Devin Bramlett said the department has suspects for several recent thefts and break-ins and

that a cyber –tip on a child pornography suspect near Charleston had been served a warrant in May.

Next mayor McNutt reported that the city had paid the $7,500 to the appellate attorney’s Taylor and

Taylor and we have received a packet from them with progress so far. This packet will be in the clerk’s

office for anyone who wishes to read it.

The lawsuit was on the agenda next but Waters said his questions had been answered.

Next was the Marina. Waters said Sandy Key had an update. Ozark City Council unanimously 5/0

approved funding of up to $65,000 for core sample testing for the proposed Marina on the south side of

the Arkansas River west of Aux Arc Park, Monday. The ruling prompted a round of applause from the

large audience attending the meeting.

The marina project had stalled in recent months due to council concerns about spending city money on

a private investment. The proposed Marina owners, Gentry and Olsen had asked the city to pay upfront

for the tests. Gentry/Olsen said they would reimburse the city from grant money they would receive if

the soil test was approved by the US Army Corps of Engineers (USACE).

The core samples must be taken and approved before a sub-lease can be signed between the city and

Gentry/Olsen since the original property lease is between the city and USACE.

During last month’s council meeting, Main Street Ozark Director Sandy Key, who has been working on

developing a riverfront marina for almost two decades, was put back in charge of the project. Key was

given the responsibility for getting estimates on core sample tests and dealing with the US Army Corp of

Engineers on the project and came back this month with solid estimates.

Key said she received a bid of less than $30,000 from barge company TerraCom for the use of their

barge and an additional $18,500 for five core samples of the riverbed where the proposed marina will

be built. She also suggested while the barge is working in Ozark, the city pay an additional $35,000 to

have core samples taken on the north side of the river where a proposed transient dock could be built.

Key also reminded council members that the $30,000 for the South side core samples will be reimbursed

by Gentry/Olsen if they get the grant.

Key said she spoke with Tom Jones –grant administrator, who was responsible for helping Gentry/Olsen

get the grant and he confirmed the grant money could be used to reimburse the cost of core sampling

for the marina. He also told Key the grant deadline would be extended from June 1 until August 31

providing the city gets the necessary core samples and reports back to him by the end of August. Key

said she would immediately contact the barge company and expected the core samples to be ready by

the end of July.

Even if the soil test is negative and Gentry/Olsen lose their grant so the money is not repaid, this is for

city’s benefit, stressed Key. “If you don’t want to lose the marina to somebody else, you need to do

something now,” she added.

Sandy Key noted that $35,000 could come out of funds left for Riverfront development, but the

additional $30,000 and the north-side core samples would have to come out of the city’s general funds.

Waters motioned to do core drillings on one side of the river. Hall explained that he needs to say both

sides to save money while the barge is already there working. Waters withdrew his motion. Mayor

Mcnutt asked council to consider waiting a week and calling a special meeting. He wanted them to have

time to think through the options. Anderson asked if it would be legal to pay for this out of grant funds.

Phillips said that it depended on the wording and if it is for the city to have its own core drilling results

for future riverfront development, then it is ok. Key said it is for the city and future investments. Chris

warden asked if the Olsen’s will pay us back even if they do not get the grant and key said no they

wouldn’t. Jeff asked council to analyze this and answer confusion regarding the money. He said we

cannot pay these people directly. If the city pays for the samples for the city, its fine. Jeff wants council

to be clear about the facts. If $35,000 is there in the riverfront development account and you pay the

rest from general, its fine.

Hall said she would prefer a full council to decide. Warden was not available to meet next Monday

when they suggested meeting on Monday, but then hall said he need to get this done. Jeff asked

what else the corps could come up with that we would have to do? What new conditions could they

require of us? Vicars motioned to fund the core drillings on both sides of the river using $35,000

from Riverfront Development and $30,000 from general fund. The motion included a cap of

spending $65,000. Waters seconded the motion. On a roll vote, the following voted: Aye: Hall

Anderson, Waters, Warden, Vicars. No Nays.

Next Trendy Treasures

Owner Cindy Childress said she said she was frustrated about the city’s code enforcement policy and

said “if you are going to enforce (codes) with one person you need to enforce the codes for all people.”

Childress, who first started her business in a downtown building that was condemned after she invested

$38,000 on the property, also suggested the city do better building inspections and noted that the city

needs to get owners to put money in their buildings

Sign builder Gary Hunt, who built the sign for Crave Bakery, urged the council to “revisit the city’s sign

ordinance.” Crave Bake Shop owner and Hunt’s daughter Christy Minor had been given a citation that

required her to move her flashing “temporary” sign back from the road 15 ft. which Hunt said he has

done. Hunt also contended that the sign was not temporary, but a permanent structure since it had

been bolted into the concrete. Council member Anderson said sign ordinance needs to be revisited to

define portable and flashing signs. Attorney Phillips read the definition and said the judge would decide.

About a dozen letters were also sent out to other businesses about removing their “temporary” (or

movable) signs and Hunt noted these businesses are also confused and upset since sign’s in place before

2010 had been “grandfathered” in as not conforming.

Waste Management

Waste Management Route Manager in the Van Buren Office, Jeff Hirscher apologized for the recent

problems with trash pick-up service in Ozark. Hirscher explained that until very recently, the Waste

Management office in Russellville had handled the Ozark account and when the Ozark route was turned

over to him on May 2, he had been given no addresses, maps, or computer list of the 1,400 homes who

use the service.

Going forward, we are putting all names and addresses and pertinent information on an Excel

spreadsheet that the garbage haulers can work from to insure the route is completed correctly. “We are

committed to taking care of you and we want to confirm that commitment,” said Hirscher, who said

previously worked in Ozark for 22 years under the Mulberry Sanitation contract.

Hirscher also suggested anyone with concerns about their garbage service call Waste Management

customer service number at 1-800- 607-9509.

Trail of Tears Monument

Ruth Hoffman reported that Main Streets Trail of Tears Monument committee had been given a

generous $5,000 donation in memory of Jay Logan and that the sign will be made of Cherokee marble

and be located on the grounds of the city’s Depot Museum.

There will be no cost to the city for this as it is all being paid for out of donations, said Hoffman. “We are

always working to make our community better,” she added.

Key said a Go Fund Me page for the Trail of Tears monument has been set up and suggested people

might consider contributing to the monument in honor of a family member.

Water Meeting

During the Water Committee meeting two bids to complete the water department facility’s $1.8 million

renovation were discussed and later passed unanimously by the council.

The city’s new 1.2-million- gallon water tank is almost completed and with the remaining $500,000 left

over in the bond issue, there are two more projects that need to be done; adding a chemical feed

addition and repainting the old clear-well tower, said Water Department Superintendent Cecil

Zolliecoffer.

Zolliecoffer said he received five bids on painting, with the low bid of $158,750 from Paladino Painting.

The low bid of four bids on the chemical feed addition was $422,000 but since there is not enough

money left in the bond issue to complete both projects, Zolliecoffer said he and City Engineer Andy

Dibble decided that two buildings originally in the plan could be joined together by a metal building

addition by adding a 12 ft. bay. With the city doing a lot of the work, the bid was consequently lowered

to $306,534, so with both projects totaling $465,284, said Zolliecoffer.

There was no public input.

A motion to adjourn was made by Anderson, seconded by Vicars. On a roll vote, the following voted:

Aye: Hall Anderson, Waters, Warden, Vicars. No Nays.

Meeting adjourned at 7:23. p.m.

Passed and APPROVED this 11 th day of July 2016.

___________________________________

Mayor T. R. McNutt

ATTEST:

____________________________________

City Clerk Sonya Eveld