April 2019 Minutes

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

Nixa City Hall                                                                                           April 8, 2019 7:00 p.m.

The regular monthly meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending were Council Members Matt Barker, Justin Orf, Jimmy Ledbetter, Jr., Aron Peterson, Darlene Graham and Scott Perryman.

The pledge of allegiance was given.

Visitors:

None.

Proclamation:

Mayor Steele read a proclamation naming April as “Child Abuse Prevention Month “ in Nixa Missouri. This proclamation was presented to Lindsay Oakley, Isabel’s House board member. Ms. Oakley provided a quick summary of the services provided to families in crisis by Isabel’s House. Mayor Steele thanked Oakley for her attendance and for the needed services provided by Isabel’s House.

Bid Award:

Public Works Director Doug Colvin addressed Council with a request for a bid award. Colvin explained the Wastewater Department is needing to replace the bottom of the wet well at the Oakmont Lift Station. Colvin explained the concrete has deteriorated over time. This deterioration is causing pump issues which needs to be repaired while the pump is still operational. Colvin said the project received three (3)
qualified bids with the low bid coming in at $18,050.00 from K & B Equipment. The city’s consulting engineer, Gary Shaffer recommends awarding the bid to K & B Equipment. Ledbetter made a motion to award the bid for the Oakmont Lift Station Repair Project to K & B Equipment. Peterson seconded the motion and all Council members voted aye.

Ordinances:

Bill #2019-041

Authorizing the Mayor to Sign an Agreement with InfoSend, Incorporated for Printing and Mailing Services was presented. Ledbetter made a motion to approve Bill #2019-041 on first reading and pass to second with Peterson seconding. Deanna Allen, Utility Billing Supervisor addressed Council with information on the ordinance. Allen explained as previously discussed during the last meeting, bids were received for the 3rd party printing and mailing service for utility bills. After reference checks, the bid for the service was awarded to InfoSend, Inc. Allen said the agreement presented has been reviewed by City Attorney Tim Ricker. Staff recommends approval of the ordinance presented. Mayor Steele opened the public hearing for comments, no comments were made, and the hearing was closed. Mayor Steele called for a vote on the motion and all Council members voted aye. Bill # 2019-041 was presented for final reading. Ledbetter made a motion to approve Bill #2019-041 on final reading and pass into lawwith Barker seconding and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Bill #2019-042

Amending the Annual Budget for the City of Nixa, Missouri for the Fiscal Year of January 1, 2019 Through December 31, 2019 as Approved by Ordinance 2026 in Order to Implement Findings of the Salary Survey Performed by PayPoint HR was presented. Ledbetter made a motion to approve Bill #2019-042 on first reading and pass to second with Orf seconding. City Administrator Jimmy Liles gave a brief overview of the information discussed at the last meeting regarding the recent salary survey. Liles explained this adjustment would bring all employees up to the 45th percentile as detailed in the PayPoint HR report. The total budget amendment for $258,018.00 was allocated as follows: Administration $42,399.00, Development $11,357.00, Police $70,030.00, Streets $19,800.00, Parks $17,922.00, Building Inspections $15,977.00, Electric $39,350.00, Water $22,449.00 and Wastewater $18,734.00. Liles added this budget amendment covers the increase in wages, taxes and Lagers fees and would go into effect on April 8th, 2019. Staff recommends approval of the ordinance presented. Mayor Steele opened the public hearing for comments, no comments were made, and the hearing was closed. Mayor Steele called for a vote on the motion and all Council members voted aye. Bill # 2019-042 was presented for final reading. Ledbetter made a motion to approve Bill #2019-042 on final reading and pass into law with Peterson seconding and Ledbetter, Peterson, Graham, Perryman, Barker and Orf voting aye on roll call vote.

Resolutions:

Resolution #2019-021

Adopting the Revised City of Nixa Personnel Handbook was presented. Human Resources Director Amanda Hunsucker indicated this resolution covered two (2) changes for the handbook. The first change is to the Comp Time Policy for all departments. The change would initiate a maximum accrual of comp time of forty (40) hours per year. After forty (40) hours, any overtime would be paid out. The second change is to the Mutual Aid Emergency Pay. Hunsucker stated that any employee sent to other cities would be paid double time for on-duty hours only. This would provide for sixteen (16) hours on and eight (8) hours off to match FEMA rules. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion. Ledbetter made a motion to approve Resolution #2019-021 with Peterson seconding and all Council members voting aye.

Resolution #2019-041

Granting Support to the Downtown Revitalization Committee for the Missouri Main Street Program was presented. Eric Albers with the Downtown Revitalization Committee asked Council to consider adopting a resolution of support needed for their application process for the Missouri Main Street Program. This resolution will provide the committee the opportunity to apply for grant funding to further their efforts in revitalizing the downtown area. Albers explained that there are no city funds being committed to this resolution, only the show of support. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called
for a motion. Ledbetter made a motion to approve Resolution #2019-041 with Orf seconding and all Council members voting aye.

Discussion Items:

New Business Items:

Police Chief Joe Campbell provided Council with information on the proposed revisions to the police department policy manual. These new and/or revised policies included: Digital Fingerprinting-Rapid ID Device Policy, Hostage and Barricade Incidents, Response to Bomb Calls, Civil Commitments, Rapid Response and Deployment, Contacts, Detentions and Photographing Detainees, Portable Audio/Video
Recorders, Public Recordings of Law Enforcement Activity, Foot Pursuits, Automated License Plate Readers, Homeless Persons, Crisis Intervention Incidents, First Amendment Assemblies, Civil Disputes, Medical Aid and Response, Personal Communication Devices, Grievance and Personnel Complaints. Campbell said both he and City Attorney Tim Ricker had reviewed the policies. Campbell was available for any questions on the policies. Campbell will be bringing back a resolution for the revised policies at the next Council meeting.

Lieutenant Jeremy Whitehill provided information for Responsible Server Training options for alcohol training for package liquor sales. This discussion originated from the recent ordinance that was passed allowing for drive-through original package alcohol sales. Whitehill started out by saying there were three (3) choices for this type of training: Missouri Division of Alcohol and Tobacco, Community Partnership of the Ozarks and ServSafe Alcohol Training. Whitehill explained training with the Division of Alcohol and Tobacco is offered for free, while
Community Partnership charges $5.00 for the training and ServSafe charges $30.00. After a review, Whitehill does not recommend using ServSAfe but recommends either using Missouri Division of Alcohol and Tobacco or Community Partnership of the Ozarks. Whitehill provided an overview of the topics covered in the classes including: social responsibility, administrative actions, criminal penalties, civil penalties, Missouri law, mindset, proper identification, identification tools, identifying intoxicated persons, variable impact and blood alcohol content. Whitehill also provided general information on the training and the differences in the training. Whitehill reported that the Nixa Area Chamber of Commerce currently has a class that is offered to the public, scheduled on May 3, 2019 with the Missouri Division of Alcohol and Tobacco. Whitehill explained he is looking for Council direction in offering this training to the public. Council thanked Whitehill for his presentation. After discussion, Council directed Whitehill to proceed with offering quarterly training to the public with the Missouri Division of Alcohol and Tobacco.

Planning and Development Director Travis Cossey addressed Council with a request for a Planning and Zoning Commission appointment. Cossey explained that Mr. Bob Blondo had recently resigned and Cossey is needing to fill that position. Cossey stated that Mr. Chance Peebles had expressed an interest in serving on the commission. Ledbetter made a motion to appoint Chance Peebles to the Planning and Zoning Commission. Barker seconded the motion and all Council members voted aye.

City Administrator Jimmy Liles addressed Council with a request for an appointment to the Nixa Home Rule Charter Review Commission. Liles explained that prior to the first meeting that Dr. Gearl Loden had announced he had a conflict and would be unable to participate in the review. Liles said that leaves one (1) opening needing filled. Liles said Mr. Steve Tallaksen had said he would be willing to serve on that commission. Ledbetter made a motion to appoint Steve Tallaksen to the Nixa Home Rule Charter Review Commission. Peterson seconded the motion and all Council members voted aye.

Liles next asked Council for the consideration of adding an additional assistant city administrator position. Liles stated that currently Doug Colvin is the assistant city administrator and while he is doing a great job in that role, his current obligations does not allow for added duties. Liles said he would like to have an additional assistant city administrator and add new job duties to that role. Liles said this position would work closely with the Nixa Area Chamber of Commerce and Show Me Christian County. Liles believes this is a step in the direction of succession planning and was looking for feedback from Council. After a brief discussion, Council said they would consider the request.

Mayor and Council Member Reports:

Councilman Scott Perryman provided a very interesting liaison report for Public Works. Perryman gave an overview on the history of Nixa Utilities and included the background of how City Attorney Sam Hamra fought on the city’s behalf and in 1968, President Lyndon B Johnson signed documents that would allow Nixa Electric to own its own distribution system. Perryman provided information on Nixa’s second
electic transmission line from Springfield and information on the Nixa solar farm, Missouri largest solar farm. Perryman highlighted some of the benefits of Nixa owning its own electric system. Next, Perryman provided information on the city’s wastewater department and water department. Perryman reported that the Wastewater Treatment Plant is only operating at half of its capacity. Nixa’s Water Department has nine (9) wells, seven (7) towers and are looking to build Tower #8. Perryman highlighted some of his trips with Colvin to a legislative session in Jefferson City to the MPUA delegation trip to Washington, D.C. Council thanked Perryman for his presentation.

The next Joint Meeting will be held April 18th at City Hall.

Executive Session:

At 8:04 p.m., Peterson made a motion to move to executive session pursuant to RSMo 610.021.3- Personnel with Ledbetter seconding and Peterson, Graham, Perryman, Barker, Orf and Ledbetter voting aye on roll call vote.

Council returned to regular session at 9:00 p.m.

Adjourn:

At 9:01 p.m., Ledbetter made a motion to adjourn with Peterson seconding and all Council members voting aye.

 

 

 

 

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

Nixa City Hall                                                                                      April 22, 2019 7:00 p.m.

The regular monthly meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending were Council Members Matt Barker, Justin Orf, Jimmy Ledbetter Jr., Aron Peterson, Darlene Graham and Scott Perryman.

The pledge of allegiance was given

Consent Agenda:

Mayor Steele called for a motion on the Consent Agenda. Ledbetter made a motion to accept the consent agenda as presented, items a through d. Peterson seconded the motion and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Visitors:

None Scheduled.

Service Awards:

Mayor Steele recognized Public Works Director and Assistant City Administrator Doug Colvin for fifteen (15) years of service with the Public Works Department. Public Works liaison Perryman stated it was an honor being the liaison for Colvin’s department. He’s been impressed with Colvin’s knowledge, leadership and skills.

Mayor Steele recognized Linda Galligher for fifteen (15) years of service with the Utility Billing Department. Finance Director Donna Swatzell stated on behalf of Utility Billing Supervisor Deanna Allen what a great employee Galligher is. She is always willing to step up and assist whenever needed.

Election Results:

City Clerk and Assistant City Administrator Cindy Robbins announced the 2018 election results certified by Christian County Clerk Kay Brown:
Council Member District II-Aron Peterson 412 votes
Council Member District III-Justin Orf 591 votes
Municipal Judge-Joel T. Harris 2472 votes

Swear in Council Members:

Robbins swore in the newly elected officials.

Mayor Pro-Tempore Election:

Barker made a motion to nominate Ledbetter as Mayor Pro Tempore with Mayor Steele accepting the nomination and all Council members voting aye on the motin.

Auditor's Report:

Marshall Decker, Decker and DeGood, addressed Council with an overview on the 2018 audit. A copy of the 2018 audit report is available at City Hall for review. Decker explained to Council the role of auditor. He reviewed the financial status of the city. He began reviewing the General Fund ending balance of $7,956,084.00. Street Fund ending balance of $3,980,464.00. Water Fund ending balance of $10,792.877.00. Wastewater Fund ending balance of $17,664.523.00. Lastly the Electric Department ending balance of $24,266,337.00. Decker stated the City is compliant with required bonded debt reserves for the year. Decker stated the city was in good financial standing. Decker was available for
questions. Donna Swatzell Finance Director will be bringing the CAFR back to Council in May. This is the fourth (4th) year in a row the Finance Department has received the Excellence Award.

Ordinances:

Bill #2019-043

Authorizing the Mayor to Sign a Contract with Midwest Maintenance and Coatings, LLC for Repairs on Water Tower #1 and #6 was presented. Ledbetter made a motion to approve Bill #2019- 043 on first reading and pass to second with Graham seconding. Public Works Director and Assistant City Administrator Doug Colvin stated this is for a contract with Midwest Maintenance and Coatings, for
minor repair and touch-up work on water towers #1 and #6. The cost to complete these two (2) projects is $26,500.00. Insurance and bonds have been received for the project to proceed. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-043 was presented for final
reading. Ledbetter made a motion to approve Bill #2019-043 on final reading and pass into law with Peterson seconding and Ledbetter, Peterson, Graham, Perryman, Barker and Orf voting aye on roll call vote.

Bill #2019-044

Authorizing the Mayor to Sign a Contract with K&B Equipment, LLC for the Oakmont Lift Station Improvement Project was presented. Ledbetter made a motion to approve Bill #2019-044 with Perryman seconding. Colvin stated this contract is for the repair of the wet well bottom at the Oakmont Lift Station. The repair is needed for the deterioration that is causing the pumps to misalign and if not repaired will result in it being inoperable in the future. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-044 was presented for final reading. Ledbetter made a motion to approve Bill #2019-044 on final reading and pass into law with Barker seconding and Peterson, Graham, Perryman, Barker, Orf and Ledbetter voting aye on roll call vote.

Bill #2019-045

Authorizing the Mayor to Sign an Amended Missouri Public Utility Alliance Mutual Aid Program Agreement was presented. Ledbetter made a motion to approve Bill #2019-045 with Peterson seconding. Colvin explained this was for an update to the MPUA Mutual Aid Agreement. The update states that any employee(s) assisting another city will be paid double time during on duty hours only. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-045 was presented for final reading. Ledbetter made a motion to approve Bill #2019-045 on final reading and pass into law with Perryman seconding and Graham, Perryman, Barker, Orf, Ledbetter and Peterson voting aye on roll call vote.

Bill #2019-046

Authorizing the Mayor to Sign a Contract with Leo Journagan Construction for the 2019 Asphalt Milling and Overlay Project was presented. Ledbetter made a motion to approve Bill #2019-046 on first reading and pass to second with Peterson seconding. Colvin discussed the mill and overlay project. Journagan Construction was the lowest bidder at $2.35 a square yard for the milling and $58.40 per ton for asphalt for a price of $280,099.07. The bid is for the estimated tonnage and that can change due to the actual tonnage used. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-046 was presented for final reading. Barker made a motion to approve Bill #2019- 046 on final reading and pass into law with Orf seconding and Perryman, Barker, Orf, Ledbetter, Peterson and Graham voting aye on roll call vote.

Bill #2019-047

Authorizing the Mayor to Sign a Contract with Ace Pipe Cleaning for the 2019 Infiltration and Inflow Reduction Project was presented. Ledbetter made a motion to approve Bill #2019- 047 on first reading and pass to second with Peterson seconding. Wastewater Superintendent Milton Dickensheet explained this is an annual contract. This will help to reduce the amount of surface and groundwater flowing into the wastewater collection system. The concrete pipes are deteriorating and need to be fixed for a tighter connection to the main. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-047 was presented for final reading. Ledbetter made a motion to approve Bill #2019-047 on final vote and pass into law with Graham seconding and Barker, Orf, Ledbetter, Peterson, Graham and Perryman voting aye on roll call vote.

Bill #2019-048

Rezoning The Orchards from R1 (Single Family) to R3 (Multi-Family) was presented. Peterson made a motion to approve Bill #2019-048 on first reading and pass to second with Perryman seconding. Planning and Development Director, Travis Cossey presented the proposed rezoning of The Orchards to Council. The applicant Brad King of King Built Properties is requesting a rezoning from R-1 (single family) to R-3 (multi-family). The lot will be located North of South Truman Boulevard on a 4.69- acre parcel. A sinkhole evaluation was performed by Palmerton & Parrish, Inc. for the sinkhole located on the Northern half of the property. Mayor Steele opened the public hearing for comments.

David Auston, 710 W. Bryant St. is opposed to the rezoning. He has concerns regarding the angle of the road and weather it will be built on gravel or asphalt. The developer was absent at the Planning and Zoning meeting so there were no plans to review. Auston inquired if the proposed plan was for a four (4) story apartment complex. He’d like to see the design stay similar to the design of homes in the
neighborhood if possible.

Nicole Balogh, 882 W. Heather Glenn, stated she hasn’t seen any plans for the proposed development. The schools are overcrowded and fears this will make the situation worse. She wants Nixa to keep its small-town feel and something like this can be a change for the worse.

Ryan Curry, 409 S. Bryant stated the proposed rezoning is located behind his home. Mr. Curry doesn’t understand the need for change because it’s currently zoned R-1. Mr. Curry stated the sinkhole has recently gotten larger.

Perryman inquired about the ninety (90) degree turn onto Truman.

Brad King, 5453 E. FR. 192, Rogersville indicated he’s not exactly sure what the design will be but it will be built to what the code will allow.
Cossey stated the maximum density allowed is one-hundred thirteen (113). The figure may decrease due to the creation of roads easements, construction and the sinkhole on the site.

Barker asked why did two (2) Planning and Zoning Commissioners vote no? Cossey replied that they were uncomfortable with the project.

Graham stated she wasn’t comfortable with this rezoning because there were no detailed plans available to review.

There being no further comments the public hearing was closed. Mayor Steele called for a motion and Orf, Ledbetter, Peterson, and Perryman voted aye on the motion with Barker and Graham voting nay. Bill #2019-048 was presented for final reading. Perryman made a motion to approve Bill #2019-048 and pass into law with Orf seconding and Orf, Ledbetter, Peterson and Perryman voting aye on roll call vote.
Barker and Graham voted nay. The bill passed.

Discussion Items:

Police Chief, Joe Campbell gave an update on the 2019 CIP shooting range remodel/expansion. The funds allocated for the project are $106,000.00. The improvements are needed due to the quality and safety of the site. Perryman suggested a range relocation instead of a remodel. Perryman has established a committee of volunteers that are willing to help finding a new location to build a new facility. The
committee consists of Scott Perryman, Rebekah Jones, Mary Jo Williams, Derek Kauble and Detective Richard Eutsler who is also the rangemaster. The Mayor gave Perryman a time frame of six (6) months to have a new plan for the firing range.

Mayor and Council Member Reports:

Barker thanked the parks department for putting together the annual Easter egg hunt. He wanted to relay all the praises he heard throughout the event from the community.

Barker wanted to remind those in attendance about the National Day of Prayer on May 2nd from 7:00 a.m. - 8:00 a.m. at the Bridge Church.

Graham wanted to give her appreciation to the newly installed sidewalks on Gregg Road. She said it was great to see them being used by the citizens.

Peterson reminded everyone about the National Prescription Drug Take Back Day Saturday April 27th, 2019 from 10:00 a.m. to 2:00 p.m. at CVS.

Public Information Officer Drew Douglas explained the City of Nixa’s “Footloose” video was chosen among thirty (30) other cities through-out the United States for CBS’s Lip Sync to the Rescue television special. If the video is in the top ten (10) it will be featured on air during the special. Douglas reminded everyone to vote for Nixa’s video.

Adjourn:

At 8:39 p.m. Barker made a motion to adjourn with Peterson seconding and all Council Members voting aye.