January 2019 Minutes

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

Nixa City Hall                                                                                   January 14, 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:

Pamela Shaver with the Christian County Master Gardeners addressed Council with a request for a fee waiver for use of the community center for three (3) free public gardening seminars and the annual plant sale.  Shaver said the Nixa Community Center is an excellent location for these events.  After a brief discussion, Ledbetter made a motion approve the fee waiver for the Christian County Master Gardeners with Graham seconding the motion and all Council members voting aye. 

Presentations:

Chris Russell, Executive Director for the Nixa Area Chamber of Commerce, provided a brief overview of the Chamber’s activities for 2018.  Russell reported the Chamber has four hundred-nineteen (419) community partners and the Chamber sponsored fifty-five (55) events with approximately ten thousand (10,000) attendees. Russell expanded on the 2019 Chamber goals which included: increasing number of attendees, focusing on business retention and growth, rebranding Nixa Chamber, a new website and a new Chamber directory focused on economic development.  Russell reported that the Chamber plans to expand community engagement and new videos are coming soon to the new website.  NixPO will be held March 16th.  Council thanked Russell for his update.

Nixa’s Planning and Development Director Travis Cossey provided a presentation on Ozark Transportation Organization’s (OTO) Sub-allocated Surface Transportation (STP) Funds.  Cossey explained that all federal distribution funds are sent to the OTO for allocation.  These funds are distributed based on a percentage, which is based on the city’s population.  Cossey explained all projects considered for STP funding must meet federal goals and guidelines. Cossey reviewed the process used to obtain funds from OTO.  Cossey explained Nixa’s goal is to obligate all funds available so the monies are not rescinded.  Cossey said all obligated funds must be spent on federally designated roads.  Public Works Director Doug Colvin explained that Nixa must come up with twenty percent (20%) matching funds for each of the projects.  Colvin stated that sometimes budget constraints get in the way of the projects because in-kind contributions are not allowed to be used as matching funds.  Cossey continued with information on future funding and explained that earmarked or obligated funds can be moved to a different project if the project meets all the guidelines and is on a federally designated street or road.  Cossey said OTO has a process in place to transfer STP funds.  Council thanked Cossey for the informative discussion.

Resolutions:

Resolution #2019-011

Authorizing the Acceptance of the Nixa Community Foundation Grant Program was presented. Interim Chief, Major Joe Campbell addressed Council with a request to accept the Nixa Community Foundation grant of $1,000.00.  This grant is to be used for promotional products for special events like NixPO, recruitment events and Sucker Day.  Campbell explained these products will be branded with the Nixa Police Department’s logo and will include items like cups, t-shirts, animal control products, etc.    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 #2019-011 with Peterson seconding and all Council members voting aye.

Resolution #2019-012

Adopting Wireless Attachment Devices: Standards was presented. City Attorney Tim Ricker explained the FCC (Federal Communications Commission) had issued new rules on the placement of small cell facilities that are attached to utility poles or street lights.  Ricker said the city needed to have placement standards in place and posted on the city’s website. While the FCC’s new rules are being challenged, Ricker believes it in the best interest of the city to proceed with the adoption of these standards.  Colvin added that the pole attachment agreements were needing updated and he agrees these standards need to be in place.  Colvin added that an ordinance will be brought back for consideration at a later date for small cell attachments.  By then he should have new pole attachment agreements updated. 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 #2019-012 with Orf seconding and all Council members voting aye.

Discussion Items:

New Business Items:

Parks and Recreation Director Matt Crouse spoke with Council on a potential joint marketing agreement with the Nixa Public Schools.  Crouse reported that Nixa Schools approached staff to see if the city would be interested in partnering with them to hire a joint marketing/sponsorship sales person. The school is considering hiring their own marketing person and thought a joint effort would be beneficial.  This sales person would provide twenty percent (20%) of their time toward marketing the city.  Crouse explained the Park has requested they retain one (1) of their current sponsors.  Crouse reported the cost to the city would be $5,000.00 for the position.  After a brief discussion, Council gave direction to move forward with the contract.   

Mayor and Council Member Reports:

Colvin reported that five (5) electric crew members went to Seymour over the weekend for the ice storm.  Seymour was grateful for the assistance. 

City Clerk Cindy Robbins said that there was one (1) day left to sign up for the April election.  Currently, one (1) candidate signed up for municipal judge position: Joel Harris, two (2) candidates signed up for District II Council position: Aron Peterson and Christopher Hamilton and one (1) candidate signed up for District III Council position: Justin Orf. 

Councilman Orf said he had received complaints about students parking full-time on Tori Drive and asked staff to investigate a remedy for the issue.  Orf suggested a timed, no-parking zone. 

Cossey said he will have a rezoning request coming to the next meeting for an address on Shangri-La.

Adjourn:

With there being no further business, at 8:20 p.m., Ledbetter made a motion to adjourn with Peterson seconding and all Council members voting aye. 

 

 

 

Special Meeting of the Nixa City Council, Nixa Fire District, Nixa Chamber of Commerce and the Nixa School Board

Nixa Chamber Office, 106 W Sherman Way, #6                       6:30 p.m. January 17, 2019

The quarterly joint meeting of the Nixa City Council, Nixa School Board, Nixa Fire Department, Christian County Commission and Nixa Chamber was called to order by Nixa Area Chamber Executive Director Chris Russell.  City Council members that were in attendance included Mayor Brian Steele, Aron Peterson, Scott Perryman, Justin Orf, Matt Barker, Darlene Graham, and Jimmy Ledbetter, Jr.  Also attending was Jimmy Liles, Cindy Robbins, Doug Colvin, Travis Cossey, Drew Douglas, Matt Crouse and Joe Campbell.

 

Russell thanked everyone for attending the meeting and provided a brief overview of the night’s agenda. Prior to the planned Economic Development roundtable discussion, Russell addressed the group with information on NixPO which is scheduled for March 16th.  Russell also gave information on Sucker Day and the new Chamber Directory/Brochure which will be more economic development driven.  Russell mentioned that Nixa has been featured in the Springfield Visitor Guide. 

City Administrator Jimmy Liles provided information on Nixa’s Home Rule Charter which was established in 2010.  Liles said that written into the Charter is a requirement for the Charter to be reviewed within ten (10) years.  Liles said Council will be putting together a Charter review committee within the next couple of months.  This committee will consist of nine (9) members, three (3) voters from each district.  Anyone interested in participating in this committee should contact their council member.  Public Works Director Doug Colvin provided information on electric rates, saying a rate study is in process.  Colvin also provided information on transportation updates.  Colvin said he knows of four (4) scheduled transportation projects which include: resurfacing of Highway 160, intersection improvements at Tracker and Highway 160, an upcoming bid for Northview pedestrian crosswalk improvements and finally Highway 14 west improvements. Colvin touched upon a couple of the future sidewalk improvement projects. Parks and Recreation Director Matt Crouse provided an update on the NCIP/Strategic Plan, reporting we are wrapping up the fifth (5th) year.  The city has twenty-four (24) total action plans with thirteen (13) in progress and eleven (11) operational.  Crouse stated the city plans to change the plan cycle to 2020 so that the city’s strategic plan process is on a different schedule than the school’s process.

Dr. Loden provided information on the upcoming Nixa Education Foundation murder-mystery fundraiser. Loden also reported the school had partnered with Cox for an on-site clinic for their employees.  Loden asked everyone to save-the-date for the State of the Community Dinner on October 29th, 2019.  School Board President Scott McDonald provided a video and information on the upcoming bond issue in April.  McDonald reviewed information on the proposed sports complex and performing arts center. 

Nixa Fire District Chief Jon Trent gave information on plans for a future training facility where the district would be able to host regional training.  Trent reviewed information on the SAR grant for military hires. 

Christian County Commissioner Josea Bilyeu said the anticipated move in date for the new judicial facility is March 6th

The balance of the evening was dedicated to a highly-informative economic development roundtable discussion.  Panelists for the discussion included: Andrea Sitzes with Show Me Christian County, Ryan Mooney with Springfield Chamber, Dean Thompson with City Utilities of Springfield and Mary Lily Smith with City of Springfield Planning and Development.  The panel held discussion on how they handle potential leads, incentive policies and how they all work together on a lead.  The group explained the key to success in economic development is finding out what works best for your community.  They all stressed a unity of effort.

The next Joint Meeting will take place April 18th and will be hosted by the City of Nixa. With there being no further business, the meeting adjourned at 8:41 p.m.

 

 

 

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

Nixa City Hall                                                                          January 28th, 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 b, with Peterson seconding and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Visitors:

Jess Hennel, 412 Yosemite, asked for Council to consider an amendment to the golf cart ordinance to allow for night time usage.  Council thanked Mr. Hennel for his request and asked staff to research the issue.

Service Awards:

Mayor Steele recognized City Clerk Cindy Robbins for her thirty (30) years of service with the city.  Mayor Steele stated that Robbins was hired in 1989 and had worked in all three (3) of the city halls in Nixa.  Mayor Steele said Robbins was appointed to the city clerk position in 2014.  Steele said Robbins provided great customer service and was appreciated very much.  A short presentation was shown covering Robbins’ years of service.

Bid Award:

Water Quality Superintendent Milton Dickensheet addressed Council with a request for a bid award.  Dickensheet explained that a request for proposal (RFP) was sent out for the replacement of the fine screen at the Wastewater Treatment Plant.  The project was budgeted for $325,000.00 with most of the cost anticipated for equipment and electrical panels.  During the bidding process, it was suggested to consolidate multiple electrical panels into one (1) panel resulting in a significant cost savings.  Staff received two (2) bids for the project with low bid coming from Davis Structure and Development for $165,108.00.  Staff recommends awarding the bid for the project to Davis Structure. Ledbetter made a motion to award the fine screen replacement bid to Davis Structure with Orf seconding and all Council members voting aye.   

Ordinances:

Bill #2019-011

Amending and Approving the City of Nixa Budget for the Fiscal Year January 1, 2018 Through December 31, 2018 was presented. Ledbetter made a motion to approve Bill #2019-011 on first reading and pass to second with Peterson seconding. Finance Director Donna Swatzell addressed Council asking for final approval of the 2018 budget. Swatzell said the original budget, the amended budget and actual 2018 revenue and expenses were shown in the information included in the Council packet. Swatzell stated that the total revenue for 2018 was $47,377,411.  Of this amount, $10,991,060.00 was non-operating revenue and $36,386,352.00 was operating revenue. Swatzell said operating expenses and debt retirement expenses totaled $35,836,498.00.  After capital projects were carried over, postponed or cancelled, the ending cash balance for 2018 totaled $33,379,315.00. Council thanked Swatzell for the information.  After a brief discussion, Mayor Steele suggested moving some of the unexpended General Fund savings into an economic development fund for future use. Swatzell will review the figures and bring back an ordinance to earmark funds for economic development.  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 # 2019-011 was presented for final reading.  Ledbetter made a motion to approve Bill #2019-011 on final reading and pass into law with Graham seconding and Ledbetter, Peterson, Graham, Perryman, Barker and Orf voting aye on roll call vote.

Before moving on to the next agenda item, Mayor Steele asked that all future agenda items have a memo included in the information packet. 

Bill #2019-012

Rezoning Lot 4 of the WAS-CAA Subdivision from R3 (Multi-family) to R-1 (Single-family) within the Corporate Limits of the City of Nixa, Missouri was presented. Ledbetter made a motion to approve Bill #2019-012 on first reading and pass to second with Barker seconding. Planning and Development Director Travis Cossey reported that a rezoning application was submitted by Mr. Kyle Tunell for Lot 4 of the WAA-CAA Subdivision to be rezoned from R3 (multi-family) to R1(single-family).  The property is a 1.004-acre parcel located on east Highway 14. Cossey said the property was annexed into the city in 1994 and in 2002 a preliminary plat and rezoning of the lot were reviewed and approved.  In 2002, Lot 4 was rezoned R-3 for multi-family.  Cossey stated that upon review of rezoning application by Mr. Tunell, the Planning and Zoning Commission did not find the request in conformance of the comprehensive plan and the Commission has recommended denial of the rezoning request.  Cossey reported the property is located at Shangri-La and Mt Vernon Street along the Highway 14 corridor.  Council discussed options for the rezoning and the concerns.  Mayor Steele opened the public hearing for comments.  Kyle Tunell, the rezoning applicant and property owner, addressed Council. Tunell said the lot is surrounded by single-family homes and residents. Tunell believes his lot plan is in conformance with the area and would not disrupt the neighborhood.  Tunell bought the lot to build a home for himself and asked Council to consider the rezoning request.  Next up, Leslie Dye, 201 Shangri-La, said he had lived in the area for the past twenty (20) years.  Dye said no one knew the zoning had changed to R3 multi-family, the neighbors all thought the lot was zoned R1 single-family. Dye said everyone in the neighborhood wants the property to be residential. Derek Bodendorfer, 255 Shangri-La, said his house sits north of this property and he is in favor of the R1 rezoning request.  He said single-family homes are all that are in the subdivision in all directions.  Council asked about commercial property in the area.  Cossey explained that most of the commercial property is on the south side of Highway 14.  Cossey said some commercial and R3 zonings are found further west of Shangri-La.  Cossey said there are other one (1) to three (3) acre R3 lots throughout town. Joe Green, 168 Shangri-La also spoke in favor of the R1 zoning.  Green moved into his home in 2008 and asked if there was proof of the rezoning in 2002.Green believes the R3 zoning would hurt property values and does not believe R3 zoning is a good fit for the neighborhood. Green asked if he could see notifications of the 2002 rezoning and asked for Council to consider the R1 rezoning request. No further comments were made, and the hearing was closed.  After a long deliberation on the issue, Mayor Steele called for a vote on the motion and all Council members voted aye.  Bill # 2019-012 was presented for final reading.  Barker made a motion to approve Bill #2019-012 on final reading and pass into law with Graham seconding and Peterson, Graham, Perryman, Barker, Orf and Ledbetter voting aye on roll call vote.

Bill #2019-013

Approving the Annexation of 3.001 Acres of Land Located at 814 East North was presented. Peterson made a motion to approve Bill #2019-013 on first reading and pass to second with Orf seconding. Cossey reported that David and Ashleigh MacPherson had requested annexation of a 3.001-acre tract of land, 814 E. North Street, which is located on the south side of North Street, east of Century Elementary. The MacPherson’s are asking for annexation for a future single-family residential construction to be serviced by Nixa Utilities.  Cossey explained the MacPherson’s have given an additional easement for stormwater and the MacPherson’s will be required to locate the drive-way on the east side of the property for safety issues.  After review, the Planning and Zoning Commission recommends approval of the annexation.  Cossey stated that staff also recommends approval of the annexation.  After a brief discussion, 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 #2019-013 was presented for final reading.  Ledbetter made a motion to approve Bill #2019-013 on final reading and pass into law with Peterson seconding and Graham, Perryman, Barker, Orf, Ledbetter and Peterson voting aye on roll call vote.

Bill #2019-014

Authorizing the Mayor to Execute a Sidewalk Improvements Agreement between the City of Nixa and the Missouri Highways and Transportation Commission for Sidewalk Improvements along Route M from Route 14 to Verna Lane was presented. Graham made a motion to approve Bill #2019-014 on first reading and pass to second with Ledbetter seconding. Cossey explained that the next two (2) agenda items are regarding the same issue.  Back in October, Council passed a resolution authorizing staff to apply for grant funding for sidewalk improvement projects with Ozarks Transportation Organization (OTO).  This project is for sidewalk installation from Highway 14, south on the east side of Nicholas, down to Verna Lane.  Cossey said that as part of the application process, city staff contacted the Nixa School District and Christian County Commissioners to partner on the project.  The Nixa School District agreed to provide $5,000.00 for the cost share project and Christian County pledged $15,000.00 for the project. The city will pay the balance of the twenty percent (20%) cost share project with the federal share for the project of eighty percent (80%) not to exceed $377,614.00.  Cossey stated that staff recommends approval of the next two (2) agreements, the first one (1) is the sidewalk improvement agreement and the second (2nd) is the sidewalk maintenance agreement.   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 # 2019-014 was presented for final reading.  Ledbetter made a motion to approve Bill #2019-014 on final reading and pass into law with Peterson seconding and Perryman, Barker, Orf, Ledbetter, Peterson and Graham voting aye on roll call vote.

Bill #2019-015

Authorizing the Mayor to Execute an STP-Urban Program Agreement between the City of Nixa and the Missouri Highways and Transportation Commission for Sidewalk Improvements along Route M from Route 14 to Verna Lane was presented. Ledbetter made a motion to approve Bill #2019-015 on first reading and pass to second with Orf seconding. Cossey stated this is the second agreement for the sidewalk project discussed during the prior agenda item.  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 # 2019-015 was presented for final reading.  Ledbetter made a motion to approve Bill #2019-015 on final reading and pass into law with Peterson seconding and Barker, Orf, Ledbetter, Peterson, Graham and Perryman voting aye on roll call vote.

Resolutions:

Resolution #2019-013

Regarding the Dedication of Certain Real Estate Along Route 14 by the Public Building Corporation was presented. City Attorney Tim Ricker explained that MoDOT had approached the city for dedication of land for the widening of Highway 14 west.  The city’s digital sign sits on the property needed for this widening and MoDOT is willing to pay to move the sign if the city should decide to dedicate this property over to MoDOT.  Ricker explains that the Public Building Corporation owns the land and after meeting has agreed to this dedication.  Staff recommends approval of the dedication of land.  After a brief discussion, 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 #2019-013 with Perryman seconding and all Council members voting aye.

Discussion Items:

New Business Items:

City Administrator Jimmy Liles stated that the city became a Home Rule Charter city in 2010. Article XIII, Section 13.8 of the city’s Home Rule Charter requires a one-time mandatory review by a commission within ten (10) years of the original approval.  Since the Charter was adopted in 2010, a review must be completed by April of 2020.  Liles asked Council to come up with a list of nominations for the nine (9) member commission.  Lies stated there would need to be three (3) members from each voting district for a total of nine members (9).  Liles would like to have the commission in place around the end of February so that the commission has time to make any needed changes.  Council said they would begin compiling their list of names. 

Mayor and Council Member Reports:

Council discussed the liaison report timing and decided to institute quarterly liaison reports. Council will decide the schedule at an upcoming meeting.  

Executive Session:

At 8:45 p.m., Peterson made a motion to move to executive session pursuant to RSMo 610.021.3-Personnel with Ledbetter seconding and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Council returned to regular session at 9:14 p.m.

Adjourn:

At 9:15 p.m., Ledbetter made a motion to adjourn with Barker seconding and all Council members voting aye.