FRIENDLY URL: Nixa.com/council-minutes/2021/december

PAGE TITLE: December 2021 Council Meeting Minutes



TAB 1 TITLE: Summary

Nixa City Council held 2 regular meetings in December 2021.

The first meeting was on December 13th.

The second meeting was on December 27th.



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TAB 2 TITLE: December 13, 2021



TAB 3 TITLE: December 27, 2021

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Regular Meeting of the Council Members of the City of Nixa, Missouri

Nixa City Hall December 13, 2021 7:00 p.m.

The regular meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending were Council Members Shawn Lucas, Justin Orf, Jarad Giddens, Aron Peterson, Darlene Graham, and Amy Hoogstraet.

The Pledge of Allegiance was given.

Consent Agenda:

Mayor Steele called for a motion on the Consent Agenda. Giddens made a motion to accept the Consent Agenda as presented, items a through b, with Orf seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call vote.

Special Recognition:

Travis Cossey, Assistant Public Works Director, presented David Young with a commemorative plaque in honor of his 33 years as a Planning & Zoning Commissioner. Cossey stated Young has served as a Planning & Zoning Commissioner since 1988 and has institutional knowledge of the City. Cossey thanked Young for his service and helping to guide Nixa through its growth. Lauren Winter, the current Planning & Zoning Chairman, reminisced about his time serving with Young. Winter said the greatest quality any leader can have is patience, and Young has taught many people the qualities that it takes to be a leader in this community. Mayor Steele thanked Young for his service to the community.

Visitors:

Ron Sanders, 976 Glen Oaks Dr., said that citizens need to go beyond imperfections to be better people. Sanders wished Council a Merry Christmas.

Ordinances (First Reading and Public Hearing; Comments Limited to 5 Minutes; No Council Vote Anticipated):

Council Bill #2021-121

Approving the Preliminary Plat of the Riverton Park Subdivision Generally Located along the East 1400 Block of North Road and Authorizing Certain City Officials to Take Certain Actions Upon the Filing of a Final Plat. Garrett Tyson, Planning and Development Director, said this was the preliminary plat for Riverton Park Subdivision. This subdivision would have 232 lots, all of which would be zoned R-1. Tyson stated that all of the lots would be served by Nixa Utilities, and a center turn lane would be added on North Street to accommodate the subdivision. Tyson stated there would be one (1) road in and out of the subdivision with one (1) temporary emergency access road. Tyson told Council he wanted to make aware that this subdivision would be served by the Nixa Police Department, Ozark Fire Protection District, a large portion was in the Ozark School District and in the Christian County Eastern District. Council held a discussion about access points to the property. Tyson stated there is one (1) stub road to the North of the subdivision that could provide access to Cheyenne in the future and one (1) single access on North Street. Tyson said based on a traffic impact study, there are not many concerns. However, there could be expected congestion at peak traffic times, but that it can be handled appropriately and safely. Tyson discussed the requirements in the building code for an emergency access road for subdivisions. Council held discussion. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Council held additional discussion.

Ordinances (Second Reading and Public Hearing Comments Limited to 5 Minutes; Council Vote Anticipated):

Council Bill #2021-115

Adopting the 2022 Operating and Capital Budget for the City. Jennifer Evans, Finance Director, presented the final budget for Council’s review. Evans asked if Council had any final questions on the budget. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Giddens made a motion to approve Council Bill #2021-115 with Peterson seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf voting aye on roll call.

Council Bill #2021-116

Amending the 2021 Annual Budget to Appropriate American Rescue Plan Act Funding for the Use of Community Nonprofits. Jimmy Liles, City Administrator, stated there had been several discussions on how to use the ARPA Funding, and after those discussions, it was decided $40,000 would be given to nonprofits for COVID-19 relief. Liles stated that the recommendation would be that the Nixa Community Foundation (NCF) handle the distribution of the grant money. Liles said $10,000 would go directly to the NCF and the $30,000 for other nonprofits. Liles stated a contract would be needed with the Community Foundation of the Ozarks for the distribution of the funds, Liles hopes to have that contract Council approval at the next City Council meeting. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Orf made a motion to approve Council Bill #2021-116 with Hoogstraet seconding and Peterson, Graham, Hoogstraet, Lucas, Orf, and Giddens all voting aye on roll call.

Resolutions (Public hearing; Comments Limited to 5 Minutes; Council Vote Anticipated):

Resolution #2021-121

Adopting the 2022-2026 Capital Improvement Program. Evans stated that per our City Charter, Council has to pass a 5-year Capital Program. Evans noted the programs that dealt with the Comprehensive Plan were also presented to the Planning and Zoning Commission. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Hoogstraet made a motion to approve Resolution #2021-121 with Lucas seconding and all Council Members voting aye.

Resolution #2021-122

Authorizing the Destruction of Certain Records Which Have Met Retention. Cindy Robbins, Assistant City Administrator, and City Clerk, stated this resolution was to request permission to destroy records that have met the Secretary of States local retention schedule. Council asked if there were digital records of the files being destroyed. Robbins answered yes, there are digital records and gave a brief overview of the record-keeping process. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Graham made a motion to approve Resolution #2021-122 with Peterson seconding and all Council Members voting aye.

Resolution #2021-123

Accepting the Bid of Liming Concrete, LLC. For Certain Stormwater and Sidewalk Improvements to the McCauley Park Playground and Authorizing the City Administrator to Execute a Contract for the Same. Matt Crouse, Parks Director, stated that this resolution would allow for the issues with water retention at McCauley Park to begin to be fixed. Crouse said that he has been working with Shaffer & Hines for designs that would be functional and visual appealing. Next, Crouse gave an overview of the changes that would be made to the Park if the resolution was approved. Council held discussion with Crouse responding to questions. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Hoogstraet made a motion to approve Resolution #2021-123 with Orf seconding and all Council Members voting aye.

Resolution #2021-124

Amending the City’s Personnel Handbook by Adding Thereto a Policy Regarding Car Allowances and Modifying the Policies Related to Overtime, Standby and Callout, and Callback. Amanda Hunsucker, Human Resources Director, stated that the first section of this resolution is for a new policy for employees that are given a car allowance. Hunsucker said this would spell out exactly what would be included in the car allowance. Next, Hunsucker gave an overview of the current overtime policy for employees. Hunsucker stated the policy change would be to change the language in the overtime policy to “40-hours worked,” and the change in the callback/standby/callout policy change would be for those hours to be classified as overtime. Council held discussion on the policy changes. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-124 with Lucas seconding and all Council Members voting aye.

Resolution #2021-125

Authorizing the City Administrator to Execute a Settlement Participation Form to Enable the City to Participate in the National Opioid Settlement Agreement. Nick Woodman, City Attorney, stated that if approved, this resolution would allow the City to participate in the National Opioid Settlement. Woodman gave a brief overview of the opioid lawsuit, which is attempting to address the flooding of pharmaceuticals to the market. Next, Woodman gave an overview of the proposed settlement agreement, which requires the City to sign on to the lawsuit by January 2, 2022. Woodman stated that if Council approved the resolution and signed on to this settlement agreement, the City would be bound to the national lawsuit, and the City would lose its ability to file its own lawsuit. Woodman said that staff recommends approval of this resolution. Council asked what funds could be used for. Woodman responded that the funds would have to be used to abate the opioid epidemic. Woodman stated that if the City was allocated any funds, staff would come back to Council for direction on how to spend that money. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-125 with Orf seconding and all Council Members voting aye.

Resolution #2021-126

Authorizing the City Administrator to Apply for and Accept Grant Funding from the U.S. Department of Commerce to Fund the Construction of Restroom Facilities at the City’s Dog Park. Crouse said this grant would be a good fit for the Parks Department Dog Park restrooms. Crouse stated the amount being applied for would be $125,000, with the possibility of this grant being a matching grant up to 20%. Crouse said that if this grant is awarded, staff would bring this item back for discussion as it is not in the 2022 budget. Council held discussion. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-126 with Hoogstraet seconding and all Council Members voting aye.

Mayor and Council Member Reports:

Liles reminded Council to complete the doodle poll for the next Council Meeting. He invited Council to come to the Chamber Luncheon to recognize the Top 10 under 40 award recipients. Liles congratulated Nick Woodman, Justin Orf, and Macie Thornhill. Liles also invited Council to the Employee Christmas Lunch on December 23rd.

Evans told Council that the City was 10.34% over last year’s sales tax and 12.49% over last year’s use tax.

Adjournment:

Mayor Steele called for a motion to adjourn. Lucas made a motion to adjourn at 8:01 p.m. with Giddens seconding and all Council Members voting aye.

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Regular Meeting of the Council Members of the City of Nixa, Missouri

Nixa City Hall December 27, 2021 4:00 p.m.

The regular meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending were Council Members Justin Orf, Jarad Giddens, Aron Peterson, Darlene Graham. Shawn Lucas and Amy Hoogstraet were absent.

The Pledge of Allegiance was given.

Visitors:

Linda Thaut, 77 Stoneybrook Ln. Clever, asked when strategic plan updates were given. Jimmy Liles, City Administrator, responded.

Resolutions (Public Hearing; Comments Limited to 5 Minutes; Council Vote Anticipated):

Resolution #2021-127

Authorizing a Modification of the Missouri Local Government Employees’ Retirement System Employee Contribution Level for Covered City Employees from a Four Percent Contribution Level to a Zero Percent Contribution Level. Jennifer Evans, Finance Director, stated that this is the final step in making the contributory status change for covered employees. Evans said per state statute, the supplemental evaluation was made available at City Hall for 45 days. Evans said the next action is to pass a resolution by Council and forward that resolution to LAGERS. The contributory status will change starting January 1st, 2022. Mayor Steele opened the public hearing for comments.

Linda Thaut, 77 Stoneybrook Ln. Clever, asked if the LAGERS contribution change was considered in salary increases. Mayor Steele responded.

Mayor Steele closed the public hearing. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-127 with Orf seconding and all Council Members voting aye.

Resolution #2021-128

Authorizing the City Administrator to Execute an Additional Settlement Participation Form to Enable the City to Participate in the National Opioid Settlement Agreement. Nick Woodman, City Attorney, stated that on December 13th Resolution #2021-125 passed, allowing the City to participate in the national opioid settlement agreement. Woodman said that after that resolution was passed the City was contacted and informed that the City needed to participate in the Johnson and Johnson settlement. Woodman stated this is the same type of agreement but with a manufacturer, not a distributor, which is why there is a difference in the documents. Mayor Steele opened the public hearing for comments.

Linda Thaut, 77 Stoneybrook Ln. Clever, questioned when minutes and resolutions were posted to the website. Thaut also asked how much money this opioid settlement agreement would bring into the City. Staff responded.

Mayor Steele closed the public hearing. Mayor Steele called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-128 with Graham seconding and all Council Members voting aye.

Resolution #2021-129

Authorizing the City Administrator to Execute a Contract with the Community Foundation of the Ozarks for the Administration of a Grant Program Utilizing a Portion of the City’s American Rescue Plan Act Funds. Giddens made a motion to postpone Resolution #2021-129 indefinitely with Peterson seconding and all Council Members voting aye.

Adjournment:

Mayor Steele called for a motion to adjourn. Giddens made a motion to adjourn at 4:13 p.m. with Graham seconding and all Council Members voting aye.