August 2019 Minutes

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

Nixa City Hall                                                                                     August 12, 2019  7:00 p.m.

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

The pledge of allegiance was given.

Consent Agenda

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

Visitors:

No visitors.

Declaration of Council Vacancy:

City Clerk Cindy Robbins announced that there was a vacancy on Council for District I and that five (5) interested applicants had submitted a letter of interest for the position: Randall Bettis, Peter Brockwell, Derris Butler, Kendal Dingus and Jarad Giddens.

Vote to Fill Council Vacancy:

Mayor Steele invited each of the candidates to speak to Council. All candidates introduced themselves and gave a brief explanation of why they would be a good choice for the open council member position. Mr. Brockwell stated he’d like to withdraw due to a conflict of interest because his son-in-law was a police officer in the Nixa Police Department. Mayor Steele recommended appointing Kendal Dingus for the position because he served on Nixa City Council previously. Perryman seconded Mayor’s Steele recommendation. Barker nominated Jarad Giddens. Mayor Steele called for a motion and Perryman made a motion to appoint Kendal Dingus as Councilman for District I with Peterson, Graham, Perryman, Barker and Orf voting aye on roll call vote.

Kendal Dingus resigned his position on the Home Rule Charter Commission prior to being sworn into office as Council Member District I.

Swear in New Council Member:

Robbins swore in newly appointed Councilman for District I Kendal Dingus.

Mayor Pro Tempore Election:

Orf made a motion to nominate Barker as Mayor Pro Tempore no second was given. Orf made a motion to appoint Perryman as Mayor Pro Tempore with Barker seconding and all Council members voting aye.

Ordinances:

Bill #2019-073

Amending the Code to Include Chapter 25-Small Cell Placement and Adopting Article I- Small Wireless Device Standards for Placement on City Utility Poles and Article II-Small Cell Device Standards for Placement on Non-City Utility Poles was presented. Peterson made a motion to approve Bill #2019-073 on first reading and pass to second with Graham seconding. City Attorney Tim Ricker explained the ordinance regarding the small cell placement. The ordinance outlines the regulations necessary for permitting, development, siting, installation, design, operation and maintenance to comply with State and Federal law. Mayor Steele opened the public hearing for comments. Mike Haines with AT&T stated that Springfield enacted an ordinance about four (4) years ago pertaining to the small cell placement. Nixa has an advantage by owning their utility company. 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 #2019-073 was presented for final reading. Graham made a motion to approve Bill #2019-073 on final reading and pass into law with Perryman seconding and Peterson, Graham, Perryman, Barker, Orf and Dingus voting aye on roll call vote.

Resolutions:

Resolution #2019-086

Authorizing the Application and/or Acceptance of the Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Justice Assistance was presented. Police Chief Joe Campbell explained the grant process. The program allows up to $9,999.00 to be awarded for the purchase of law enforcement equipment that will increase the officer’s safety. Campbell is asking for Council’s approval to apply for the grant to purchase replacement portable radios. The radios that are currently being used were purchased in 2006. They are becoming more difficult to repair as they get older. The cost to repair the radios exceeds the cost of a new radio. The grant will allow for the purchase of ten (10) new Motorola radios and ten (10) new microphones. The older radios will be rotated out of service and new radios will be available for new hires. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a motion. Graham made a motion to approve Resolution #2019-086 with Peterson seconding and all Council members voting aye.

Discussion Items:

Unfinished Business Items:

Campbell reported on the request concerning fireworks calls for the July 4th holiday. There were seventy- two (72) calls. The calls came from all over the city. There was no summons issued. It is hard to pinpoint who the offenders are because of the volume of fireworks discharged.

New Business Items:

City Administrator Jimmy Liles reviewed the 2017 Missouri Partnership Community Assessment Program. The suggested improvements included review of the website, review of RFP response, evaluate the community site visits, tour of properties. Staff has been working on the recommendations from the report.

Liles explained the formation of a Nixa Public Art Committee. Nixa Chamber of Commerce Director Chris Russell approached the city about the formation. The idea resulted from discussion held at the Council retreat. The goal of the committee would work on the aesthetics of Nixa as well as bringing an array of arts to the City. Barker and Graham stated they’d be interested in participating if needed.

Liles reviewed the topic discussed about the execution of documents by the City Administrator. The Home Rule Charter Commission reviewed what documents should be taken to Council for approval verses the City Administrator executing the documents on behalf of the City. The discussion conducted by the Home Rule Commission decided no changes are recommended to the current Home Rule Charter. The Charter and employee handbook both provide a provision for Council to provide other direction, Liles is asking for clarification which documents will need to be brought before Council or which documents can be executed by the City Administrator on the City’s behalf.

Campbell updated Council on the Police Service Dog Policy. A new K-9 unit will be implemented before the end of the year. The new service dog will be trained in drug detection, tracking and apprehension required an adjustment the current policy. The proposed policy has been reviewed and approved by Ricker.

Park and Recreation Director Matt Crouse discussed the notification received from Nixa Public Schools about the Century Baseball field. The field will no longer be available for park programs beginning in2020. This impact will affect an average of one-hundred fifty (150) kids per season. The school wants to purchase the ballfield from the city to repay $28,000.00 of the investment the city had in the field. Currently there is no definite plan to develop a new practice field.

Public Works Director and Assistant City Administrator Doug Colvin explained the property lease agreement. The agreement is to allow Gridilance HP use of the City’s property for material storage for the 69KV transmission upgrade. The poles will be delivered to the South Norton property and wire materials will be located at 1111 Kathryn and 1010 Eaglecrest. The agreement does state rent will be collected for the storage as well as a new gate and entrance installed to the South Norton property.

Colvin reviewed the budget request for the mosquito fogging equipment. The sprayer became inoperable in August. The repairs for the fifteen (15) year old equipment start at $2,500.00 with shipping costs to and from Arizona. There is no guarantee it can be repaired until it’s examined at their facility. The requested amount of $9,000.00 is for the purchase of a new mosquito sprayer which is on the 2020 CIP’s.

Planning and Development Director Travis Cossey reviewed the short-term rentals. The proposed regulations will outline criteria that homeowners must comply if they choose to conduct short-term rentals in their home. The regulations will address use standards including locations, placement, permits and revocation due to violations. A record of rentals must be kept for a period of three (3) years. Cossey explained the 3-Tier planning map. The map is used by the City of Nixa and Christian County to enforce the Urban Service Boundary agreement. The map will indicate areas that the City will be able to provide utilities to determine what properties can annexed into the City.

City Clerk and Assistant City Administrator Cindy Robbins reviewed the annual tax levy ordinance. The tax levy requires a legal notice to be posted, hold a public hearing, and pass an ordinance to authorize the levy. The proposed rate of $0.3246 provided by the Missouri State Auditor’s office showed a slight decrease from last year.

Liles explained the yearly ordinance to establish a procedure to disclose potential conflicts of interest of and substantial interests of certain officials. These guidelines are to be followed by officials and employees of government entities.  The passed ordinance will be sent to the Missouri Ethics Commission after approval.

Mayor and Council Member Reports:

Crouse informed the meeting regarding the Park Master Plan with a kickoff for staff on August 22nd.

The “Footloose” video the Nixa Police Department participated in will be on the Lip Sync to the Rescue program on September 9th at 7:00 p.m. on CBS.

Campbell stated Nixa schools will be returning for a new school year tomorrow August 13th. Graham read an email from Tasha Adams.

Mayor Steele stated Peterson will be giving his liaison report at the September 23rd Council meeting.

Adjourn:

At 9:00 p.m. Peterson made a motion to adjourn with Barker seconding and all Council members voting aye.

 

 

 

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

 

Nixa City Hall                                                                                  August 26, 2019  7:00 p.m.

 

The regular monthly meeting of the Nixa City Council was called to order by Mayor Pro-Tempore Scott Perryman, Matt Barker, Scott Perryman, Aron Peterson, Darlene Graham and Kendal Dingus were present. Justin Orf was absent.

The pledge of allegiance was given.

Consent Agenda:

Mayor Pro-Tempore Perryman called for a motion on the Consent Agenda. Dingus made a motion to accept the consent agenda as presented, items a through c. Graham seconded the motion and Perryman, Peterson, Graham, Dingus and Barker voted aye on roll call vote.

Visitors:

Brett Hooten with Gridliance High Plains, LLC., reviewed the upcoming construction for the upgrade of the 69KV transmission line. The project will reconstruct a portion of the line that travels through Nixa. The construction will take place along Highway 14 from the Downtown Substation to the crossing between Mercy and Espy schools. The project will begin in September and conclude at the end of October. There will be some outages that will last hours only, not days. It will affect businesses along the route but the plan is to have the outages during their closed hours of operation. There will be lane closures as well for a couple of weeks.

Service Awards:

Mayor Pro-Tempore Perryman recognized Amanda Hunsucker for ten (10) years of service. City Clerk Cindy Robbins explained that Hunsucker started in the Finance Department in Accounts Payable. She transitioned to Public Works as a Purchasing Manager. She is now in the position of Human Resources Director and has been a perfect fit and works well with the employees.

Mayor Pro-Tempore Perryman recognized Matt Crouse for fifteen (15) years of service with the Parks Department. Perryman recalls Crouse teaching swim lessons early in his career. Robbins stated that Crouse has grown up with the City. He began as a part-time employee, went off to college and came back to the City. He has created great programs for the Parks department with many improvements seen throughout the years.

Bid Award:

Park and Recreation Director Matt Crouse explained the park digital sign bid award. There were three (3) bids received with five (5) designs for the Nixa Parks digital sign. Springfield Sign & Graphic, Inc. was selected. The bid of $32,230.50 received was within budget. The project will begin within the next few weeks and should be operational in about six (6) to eight (8) weeks.

Crouse discussed the completion of the maintenance building at McCauley Park. The RFP’s have been received and reviewed. Seven (7) bids were received. Staff has selected G&A Electric & Comms. LLC for the electrical work for the bid of $14,750.00. The amount is within budget. Work on the project should begin within the next few weeks.

Ordinances:

Bill #2019-081

Authorizing the Mayor to sign a lease between the City of Nixa, Missouri and Gridliance High Plains was presented. Peterson made a motion to approve Bill #2019-081 on first reading and pass to second with Barker seconding. Public Works Director and Assistant City Administrator Doug Colvin explained the lease to Council. The agreement will allow for use of the City’s property for material storage for the 69kV transmission upgrade. Poles needed for the job will be delivered to 1137 Norton Road and other materials will delivered to 1111 Kathryn and 1010 Eaglecrest. The agreement has been reviewed by City Attorney Tim Ricker. The agreement does indicate rent will be collected after the completion of the project. A new gate and entrance will be installed on the South end of 1137 Norton Road. The project is expected to be completed by late Spring 2020. Staff recommends approval of this ordinance.  Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a vote on the motion and all Council members voted aye. Bill #2019-081 was presented for final reading. Barker made a motion to approve Bill #2019-081 on final reading and pass into law with Peterson seconding and Peterson, Graham, Dingus, Barker and Perryman voting aye on roll call vote.

Bill #2019-082

Amending the Annual Budget in Order to Purchase Mosquito Control Equipment was presented. Graham made a motion to approve Bill #2019-082 on first reading and pass to second with Dingus seconding. Colvin updated Council on the status of the mosquito control equipment. The sprayer became inoperable at the beginning of August. The mosquito fogger is fifteen (15) years old and repairs are around $2,500.00 with additional costs for shipping to and from Arizona. There is no guarantee that the fogger can be repaired until it is received at the facility in Arizona. Staff is requesting a budget amendment of $9,000.00 to purchase a new replacement which was in the 2020 CIP’s. The fogger is in stock and will be able to be used upon arrival. Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a vote on the motion and all Council members voted aye. Bill #2019-082 was presented for final reading. Graham made a motion to approve Bill #2019-082 on final reading and pass into law with Dingus seconding and Graham, Dingus, Barker, Perryman and Peterson voting aye on roll call vote.

Bill #2019-083

Levying the 2019 Taxes on Real Property in the City of Nixa, Missouri was presented. Barker made a motion to approve Bill #2019-083 on first reading and pass to second with Peterson seconding. City Clerk and Assistant City Administrator Cindy Robbins explained the yearly tax levy set for the city. The required process of setting the tax levy entails posting a legal notice of the levy hearing, hold a public hearing and pass an ordinance. The deadline set by the county clerk for final certification is August 30, 2019. The proposed rate of $0.3246 was given by the Missouri State Auditor’s officer pro forma. The rate from 2018 was $0.3286 which indicates a slight decrease. Staff recommends approval of the ordinance to authorize the 2019 tax levy. Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore called for a vote on the motion and all Council members voted aye. Bill #2019-083 was presented for final reading. Barker made a motion to approve Bill #2019-083 on final reading and pass into law with Peterson seconding and Dingus, Barker, Perryman, Peterson and Graham voting aye on roll call vote.

Bill #2019-084

Establishing a Procedure to Disclose Potential Conflicts of Interest and Substantial Interests for Certain Officials was presented. Graham made a motion to approve Bill #2019-084 on first reading and pass to second with Dingus seconding. Robbins explained this is a yearly procedure established by ordinance. The operation of government entities requires public officials and employees be independent, impartial and responsible to the people. Public office can not be used for personal gain. The goal is for the public to have confidence in the integrity of its government. Once the ordinance is approved it will be sent to the Missouri Ethics Commission. Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a vote on the motion and all Council members voted aye. Bill #2019-084 was presented for final reading. Graham made a motion to approve Bill #2019-084 on final reading and pass into law with Dingus seconding and Barker, Perryman, Peterson, Graham and Dingus voting aye on roll call vote.

Bill #2019-085

Amending Chapter 117 to Include Section 117-102 Short-Term Residential Rental Use was presented. Barker made a motion to approve Bill #2019-085 on first reading and pass to second with Peterson seconding. Planning and Development Director Travis Cossey reviewed the proposed changes. The regulations proposed will establish rules homeowners must abide by if they choose to conduct short term rentals using their homes in the City of Nixa. The regulations include short term rentals only, no more than a thirty (30) day rental. A record of maintenance will be required. The record will need to be kept for a period of three (3) years. The homeowner will need to apply for a business license as well as a special use permit. A rental inspection will need to be conducted on the short-term rental to be able to keep the special use criteria.   Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a vote on the motion and all Council members voted aye. Bill #2019-085 was presented for final reading. Barker made a motion to approve Bill #2019-085 on final reading and pass into law with Peterson seconding and Perryman, Peterson, Graham, Dingus and Barker voting aye on roll call vote.

Bill #2019-086

Amending the Growth Management Chapter 3-Tier Planning Map of the Comprehensive Plan was presented. Dingus made a motion to approve Bill #2019-086 on first reading and pass into law with Graham seconding. Cossey explained the amendment to the 3-Tier map. The map is used by both Christian County and the City of Nixa to enforce the Urban Service Boundary agreement. The map will identify areas which the city can serve with utilities to determine if they can be annexed into the city. The program allows for the growth into areas where services are readily available. Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a vote on the motion and all Council members voted aye. Bill #2019-086 was presented for final reading. Dingus made a motion to approve Bill #2019-086 on final reading and pass into law with Graham seconding and Peterson, Graham, Dingus, Barker and Perryman voting aye on roll call vote.

Resolutions:

Resolution #2019-087

Authorizing the Application and/or Acceptance of the Local Law Enforcement Block Grant for the U.S. Department of Justice, Bureau of Justice Assistance was presented. Deputy Police Chief Chad Tennis explained the LLEBG grant. The grant will award up to $9,999.00 for the purchase of basic law enforcement equipment for items that will increase officer safety. It is a non- matching grant. The original request was going to be submitted for radio equipment. The radios purchased under this grant must be compliant with technical specifications to operate with multijurisdictional agencies. The current radios do not meet these requirements and are ineligible for this grant. Approval is being requested to apply for bullet proof vests level three (3) that will meet the Department of Justice’s requirements for officer safety. Mayor Pro-Tempore Perryman opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Pro-Tempore Perryman called for a motion. Graham made a motion to approve Resolution #2019-087 with Peterson seconding and all Council Members voting aye.

Discussion Items:

The resignation of Kendal Dingus from the Home Rule Charter Review Commission due to his appointment to District I Council Member has created an open position in the Home Rule Committee. Mr. Randall Bettis applied for the District I position has applied for the vacant Home Rule Committee. The experience Mr. Bettis has would be beneficial to the committee. Mayor Steele nominated Mr. Bettis to fill the open position as District I representative on the Home Rule Committee. Peterson made a motion to accept Mr. Bettis to the open position as District I representative for the Home Rule Charter Review Commission with Barker seconding and all Council Members voting aye.

Crouse updated Council on the dog park parking lot. The bids are complete with three (3) three bids submitted. The lowest bid was $137,500.00 for the parking lot to include dirt work, curb, asphalt, storm water and retention basin. This amount does exceed the budget for the project, so this bid will not be accepted. Staff will continue to work towards finding a resolution to create a parking lot at the dog park.

Mayor and Council Member Reports:

Colvin stated micro-sealing will be conducted within the next couple of weeks. Residents will be notified regarding the procedures time and locations.

Robbins indicated that she will be attending the MML conference in St. Louis along with Liles. The Think Tank committee will be receiving the Innovation Award with Katie Buford and Drew Douglas accepting the award.

Public Information Officer Drew Douglas informed the meeting the “Footloose” video featuring Nixa’s Police Department for the Lip Sync to the Rescue will be featured Monday September 9th at 7:00 p.m. on CBS.

It was suggested to begin the September 9th meeting to 6:00 p.m. to be able to watch the Lip Sync to the Rescue show that airs at 7:00 p.m. which is the scheduled start of the Council meetings.

Adjourn:

At 7:49 p.m. Dingus made a motion to adjourn with Graham seconding and all Council members voting aye.