City Council meeting

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

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 Peterson seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call vote.

Mayor Steele recognized officer Ronald Hilburn for his five (5) years of service to the City. Deputy Chief Chad Tennis presented information about Hilburn's dedication to the Police Department. Hilburn is the current K-9 officer. During his five (5) years with the Police Department, he has received the following awards: Officer of the Year, Life-Saving Award, Award of Merit, Drug Enforcement Officer of the Year, and DWI Officer of the Year. Hilburn consistently represents service, courage, integrity, pride, and professionalism, which are the Department's core values.

Mark Anderson, 101 S. Main Street, presented information about Creeping at the Crossroads. This will be the fourth (4th) year for the event, which will take place on October 30th, 2021. Anderson is requesting to have parts of Main Street and Elm Street closed as well as the use of the City's parking lot. The event will start at 4 p.m. on the 30th and last until 11 p.m. There will be a live band and beer garden in the City's parking lot. The focus this year is on local businesses and vendors. A highlight of this year's event will be the costume contest for animals, children, and adults. Philip Dowden, Evangel's Associate Director of Athletics, introduced himself to Council. He is excited about Evangel's agreement with Nixa High School to use their field to bring six (6) home football games to Nixa this year. Jeff Belcher, 203 S. Ellen, discussed the Home Rule Charter Changes. He also spoke about voter turnout and presented information he received from the Christian County Clerk's office. Ron Sanders, 976 Glen Oaks Dr., discussed the swiftness in which Council is moving forward with changes to the Charter. He also spoke about voting and getting more people to show up to the polls to vote Councilwoman Hoogstraet responded to the visitors. She agreed that voter turnout is low. She stated that an election is a moment; however, elected officials serve every constituent regardless of how many votes they received or who voted for them. She discussed that the MML requirement for triggering a recall is 25%. She also noted that any changes made to the Home Rule Charter are done by a vote of the people

Anna Evans, V.P. of Business Retention and Expansion for Show Me Christian County, presented the Monthly Staff Report. She discussed Project Eli and how SMCC is helping this business apply for an SBA loan. Evans also spoke about workforce challenges and that SMCC now has a V.P. for workforce development, Mark Wallace. She discussed the need for robust and well-maintained infrastructure. She thanked Cindy Robbins for being a part of the recent SMCOG meeting. This group is to help discuss an economic recovery action plan. She welcomed Jenn Torres to SMCC as their new administrative assistant. She also briefly gave an overview of the new Chmura database SMCC recently purchased. This database will allow SMCC to look at things like workforce availability, salary projections, and industry trends. Brent Hubbard, President of Mercy Hospital, presented a COVID-19 update to Council. With him to answer any questions was Gregory Ledger Mercy's, Chief Medical Officer. Hubbard started his presentation off by thanking Council for their service to the community. Next, he gave information about the Delta variant. The Springfield area was the first (1st) in the nation to deal with this variant which is 60% more contagious indoors and 40% more contagious outdoors than the Alpha variant. He showed information about hospital projections. He stated the first surge of COVID-19 had an average age of hospitalization of about 80 years old, and with this second surge, an average age of hospitalization of about 63 years old. He gave data on vaccinated vs. unvaccinated rates regarding disease, hospitalization, and death incidences. He presented information on the Springfield area, including data from Lebanon, Cassville, Aurora, and Mt. View. Currently, there are 110 patients with COVID-19; 73 are infectious and 28 noninfectious. There were 173 patients a month ago. There were 59 deaths in August, which averaged about three (3) deaths a day. Since July 1st, if you were a patient in the ICU, you had about a fifty-three percent (53%) chance of dying of COVID-19. There are currently 20 patients in the ICU, with 16 of them on a ventilator. Hubbard gave a Christian County specific update. He said since January 1st, 2021, there have been 12,385 COVID-19 cases in the county, with 365 reported cases August 13th – 20th. There are currently 21 county residents hospitalized in Springfield. There have been 131 county residents that have died from COVID-19. The county has the second (2nd) highest vaccination rate in the area with 33,000 residents or 37% compared to the state with 51.5%. Council asked questions about the projection data as to why the rates went down, considering vaccination rates are still low. Hubbard discussed positivity and hospitalization rates corresponding. Ledger commented that the infectivity rate, or the number of people who test positive, is around 18- 20%, and that number needs to be below five percent (5%) to stop the spread. He stated that their projections only go through September, and they don't know what the data will look like for this fall yet but are updating projections weekly.

Council Bill #2021-087

Establishing a Charter Review Commission to Review the City's Charter and Recommend any Proposed Amendments Thereto was presented for first reading. City Administrator Jimmy Liles stated he has reached out to the previous commission to see if they were willing to serve again, and all but three (3) could serve again. He is recommending to Council 3 replacement members for that committee. The citizens serving District 1 would be Andrea Long, Randall Bettis, and Matt Lander. Serving District 2 would be Sarah Bader, David Larsen, and Kent Ward. Serving District 3 would be Athena Fitts, Mark Hartsock, and Tony Manasseri. The committee would have one (1) year to bring Council any recommendations. Council asked questions on how staff would ask the committee to look at sections that could need updating and if there would be public hearings at the committee meetings. Liles responded that when the committee asks questions, staff gives input based on those questions. Liles also stated that the committee could elect to have public hearings. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 E. Glen Oaks Dr., questioned the committee's checks and balances. He also asked how the names for this committee were picked. He discussed how good ideas come about. He asked if the public could come and talk at the Home Rule Charter Committee meetings. Council responded that the Council is following the guidelines set out in the Charter itself, that there are multiple steps for checks and balances to review the changes to the Charter. They also stated that the people serving on the committee are people who had served the community before or volunteered in the community before. Nick Woodman, City Attorney, responded that the committee is a public governmental body, and the meetings would be open to the public. Jeff Belcher, 203 S. Ellen, questioned the committees checks and balances. He asked what the criteria was to be on this committee. Belcher questioned the recall process. He also questioned why the change to the Charter was urgent. Council responded that there were many requests to bring back the charter review committee and that there was no urgency as it was a year-long process to amend the Charter. Sandy Karnes, 622 N. Maplewood Hills Rd., has concerns about the direction of current events. Karnes stated she would like to be more involved and asked Council to do the right thing. With no further comments made Mayor Steele closed the public hearing.

Council Bill #2021-088

Transferring the Nixa Municipal Court to the Associate Division of the Christian County Circuit Court was presented for first reading. Liles stated that the Municipal Court had undergone an Office of State Court Administrator (OSCA) review and was in good shape; however, there were a few concerns about OSCA recommendations that staff was not comfortable with. These concerns included financial oversight that does not meet city policies and supervision of court personnel. He stated that last year the court lost $40,000 and was on track for loss this year. He said that if the court were to transfer to county, there would be no more need for prisoner transport liability or a need for a bailiff. Liles also stated that the City would still collect fines and that the court fee would go up from $12 to $15 dollars. He stated that staff had already had meetings with Judge Johnson and Circuit Clerk Barb Stillings regarding the move. Stillings had concerns about her staff being able to handle the caseload and requested that Ozark and Nixa split the cost of a court clerk with an estimated expense of around $20,000 each year. Liles stated that there is current municipal court staff whose positions would terminate at the end of the year, but staff is trying to find them jobs within the City to transfer to. Council asked questions about what would need to change in the Home Rule Charter to make this court transfer. Liles stated that the Charter currently states that we must have a municipal judge, and if the move happens, there would be no need for a municipal judge. He also stated that a change that would allow Council to choose whether they would want to bring back a municipal court in the future, depending on legislation or growth in the City, would be needed. Woodman stated his concerns are that if a Council in the future wanted to bring the courts back, a change to the Charter would have to happen to give that flexibility as long as they complied with OSCA. Council asked questions about Judge Harris. Liles then listed other cities within the county that have already transferred their municipal courts. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 E. Glen Oaks Dr., discussed issues with moving the municipal court to the county. He questioned how many votes the judge received during the election. Sanders stated that there should be an oversight committee for supervising the judge. He also questioned how many people would travel over to county to view court. Council responded that the City doesn't supervise the judge. Jeff Belcher, 203 N. Ellen, discussed issues with moving the municipal court to the county. He also addressed issues with lack of staffing as well as issues with COVID-19 vaccines and staffing. Council responded that it is their responsibility to defend every person, especially those that cannot defend themselves. With no further comments made Mayor Steele Closed the public hearing. A five (5) minute recess was taken at 8:30 p.m. The meeting was called back to order at 8:39 p.m.

Council Bill #2021-081

Establishing and Levying Taxes on Real Property in the City for the 2021 Tax Year. Assistant City Administrator and City Clerk Cindy Robbins presented information on the 2021 tax levy. She stated it is required to pass an ordinance, publish a legal notice, and have a public hearing to set the tax levy. Robbins stated that last year the tax levy was .3246, and this year the new tax rate will be .299. She asked Council to amend the ordinance to the new percentage. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 E. Glen Oaks Dr., commented that lower taxes is a good idea. With no further comments, the public hearing was closed. Mayor Steele called for a motion to accept the ordinance as amended. Graham made a motion to amend the ordinance to include the new tax levy vote of 0.299 with Giddens seconding, with all voting aye. Giddens made a motion to approve ordinance #2021-081 as amended with Peterson seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf voting aye on roll call vote.

Council Bill #2021-082

Amending the 2021 Annual Budget to Appropriate Funding for Enterprise Resource Planning Consultation Services. Liles stated at the last meeting that Jennifer Evans, Finance Director, stated a need for new software to help with budgeting as well as utility billing. The software currently being used is 10 years old and does not interface well. Staff recommends using Baker Tilly, the City's financial advisor, to make a Request for Proposal (RFP) and help choose a new service. The cost of using Baker Tilly is in line with the service they would be providing. Council asked a question regarding how many departments would be using this software. Liles responded that all departments would be using the software as it is what is used to budget. Staff would also try to integrate the new software with the software the departments are currently using. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Peterson made a motion to approve ordinance #2021-082 with Orf seconding and Peterson, Graham, Hoogstraet, Lucas, Orf, and Giddens voting aye on roll call vote.

Council Bill #2021-083

Amending the 2021 Annual Budget to Provide Funding for the Community Center Roof Renovation Project. Matt Crouse, Parks Director, said the City went out for bids to repair, replace, and restore a portion of the flat roof on the Community Center. All bids received did come in over budget, with the lowest bid being $112,342. Crouse is asking Council for a budget amendment of $12,350. Council asked if money for this project was in the building fund. Staff responded that yes, it could be. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Lucas made a motion to approve ordinance #2021-083 with Hoogstraet seconding and Graham, Hoogstraet, Lucas, Orf, Giddens, and Peterson voting aye on roll call vote.

Council Bill #2021-084

Approving the Preliminary Plat of the Walker Estates Subdivision Generally Located at the Southeast Corner of the Intersection of Main Street and Tracker Road and Authorizing Certain City Officials to Take Certain Actions Upon the Filing of a Final Plat. Garrett Tyson, Planning and Development Director, stated this was a preliminary plat approval. This subdivision is roughly 28 acres with 23 R-1 zoned lots, two (2) R-3 zoned lots, one (1) G.C. zoned lots, and two (2) common areas. He stated this subdivision would take a year to develop and would include offsite improvement at Tracker Road. The Planning & Zoning Commission approved the preliminary plat with a 5-1 vote. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Peterson made a motion to approve ordinance #2021-084 with Lucas seconding and Hoogstraet, Lucas, Orf, Giddens, Peterson, and Graham voting aye on roll call vote.

Council Bill #2021-085

Approving the Preliminary Plat of the Walker Woods Subdivision Generally Located at the Northeast Corner of the Intersection of Main Street and Tracker Road and Authorizing Certain City Officials to Take Certain Actions Upon the Filing of a Final Plat. Tyson stated this was a preliminary plat approval. This subdivision was roughly 28 acres with 54 R-1 zoned lots, two (2) G.C. zoned lots and four (4) common areas. Council asked questions about sinkhole boundaries. Tyson discussed the sinkhole guidelines for building. Council then asked questions about street and intersection improvements to Main Street. Tyson discussed the improvements that would happen to Main Street. Mayor Steele opened the public hearing for comments. Alan Hines, 812 E. Kings Mead Cir., asked questions about how long with would take to have the updates to Tracker finished. Council responded that portions of Tracker will be improved with this development and that as sections of Tracker are brought into the City, they will also be improved. Most road improvements will occur before homes are built. Ron Sanders, 976 E. Glen Oaks Dr., cautioned Council against traffic circles. With no further comments, the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Giddens made a motion to approve ordinance #2021-085 with Orf seconding and Lucas, Orf, Giddens, Peterson, Graham, and Hoogstraet voting aye on roll call vote.

Council Bill #2021-086

Rezoning the Real Property Generally Located at the Southeast Corner of the Intersection of South Nicholas Road and West Tori Drive from Neighborhood Commercial District to R- 4 Residential District. Tyson stated that this is approximately one point two (1.2) acres that is requested to be rezoned from G.C. to an R-4 District. This lot is located within Glen Oaks 2nd Addition Subdivision. Tyson also explained that it only has one (1) access point off of Nicholas, limiting how many units can be built. The Planning and Zoning Commission unanimously voted to approve this rezone. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the ordinance. Orf made a motion to approve ordinance #2021-086 with Lucas seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call vote.

Resolution #2021-083

Accepting the Bid of Four Signals and Construction, LLC. For Certain Pedestrian Improvements Located at the Intersection of Main Street and Aldersgate and Authorizing the City Administrator to Execute a Contract for the Same. Travis Cossey, Assistant Public Works Director, presented information about a bid award for the installation of an ADA compliant push button signal crosswalk at Main and Aldersgate. This is a CIP project, and this portion of that project is the sidewalk, crosswalk, and signal hardware. City staff was able to complete the concrete work for the ramps and sidewalk. Council asked questions regarding which side of Aldersgate the signal would be located on. Cossey responded that it would be located across Main Street to the North side of Aldersgate. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-083 with Graham seconding and all Council members voting aye.

Resolution #2021-084

Accepting the Bid of Guarantee Roofing, Inc. for Certain Improvements to the Roof of the XCenter and Authorizing the City Administrator to Execute a Contract for the Same. Crouse stated that this resolution was to accept the bid for fixing the flat roof at the XCenter. Council questioned if the roof was still going to be a flat roof. Crouse responded that yes, it would still be a flat roof. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Stelle called for a motion to approve the resolution. Hoogstraet made a motion to approve Resolution #2021-084 with Lucas seconding and all Council members voting aye.

Resolution #2021-085

Authorizing the City Administrator to Apply for and Accept Grant Funding Provided by the Missouri Department of Public Safety. Tennis stated this was a non-matching grant. Police Department is asking for overtime money as well as money to develop training. They are asking for $299,999.20. Council asked if there really was a high rate of child sexual abuse in Nixa. Tennis responded that Christian County and Nixa had a high level of reports of these crimes, but that doesn't mean we have more; it just means we have a great hotline system and reporters. There has been an increase in these reports during COVID-19. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steeled called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-085 with Lucas seconding and all Council Members voting aye.

Darlene Graham presented her liaison report on the Police Department. She stated the Police Department started as a marshal's office and was made a Police Department in 1972. Since its start, it has been in three (3) different locations. Currently, the Department has three (3) police clerks. Joe Campbell became Chief in 2019. The Department currently has 49 officers, and it takes almost 30 weeks to fill a vacancy. She also stated that it takes $6,661 to fully equip a new officer. Graham went on to present information on K-9 Jack and K-9 officer Hilburn. She gave information on the Police fleet. Graham stated that cars are in operation 2184 hours per year. She noted that there is a need for additional officers due to community growth; however, dispatch times are faster despite the community's growth. She discussed the new automated reports that are available online that the public can use. She discussed crime prevention methods, like the exchange spot and the 9 p.m. routine. She presented information about ride alongs. Next, she presented information about the Police Academy, which takes 15 citizens for 11 weeks and teaches them Police procedures. She then gave information about what the Police Academy alumni do for the Department.

Liles told Council he anticipated the first payments of the ARPA funds should have been deposited today but would verify with the Finance Department. He also reminded Council about the Nixa Alliance Meeting Wednesday the 26th at 6:00 p.m. He stated that city offices would be closed on September 6th, and the Planning and Zoning meeting would be held on September 7th because of that closure. Hoogstraet asked out the outcome of the blood drive. Mayor Steele said Nixa won 37-21. Drew Douglas, Communications Director, stated that he had to draw a new winner's name for the prizes and would announce the winner soon. Hoogstraet brought up a citizen concern asking for installation of a traffic light at Highway 14 and 14 Park Place. Doug Colvin, Public Works Director, said this project would be happening in conjunction with the MoDOT widening of the East portion of Highway 14. There would be turn lanes but no signal.

Giddens made a motion to adjourn at 9:33 p.m. with Lucas seconding and all voting aye.