June 2019 Minutes

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

Nixa City Hall                                                                                     June 10, 2019  7:00 p.m.

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

The pledge of allegiance was given.

Visitors:

No Visitors

Presentation:

Matt Crouse, Parks and Recreation Director, gave an update on NCIP. The action steps are at 54% “Achieved/Operational”, while the “In Progress” at 41%. The progress listed has been updated since the last meeting in October 2018. Each of the strategies continue to see progress and growth. New goals need to be set to achieve and move forward with the process. The goal for the NCIP to continue to build and keep moving forward. Graham suggested a survey for citizens to see whether an indoor pool would be supported.

Bid Award:

Crouse stated the contract for the beverage supplier with Ozarks Coca-Cola/Dr. Pepper has expired. The two (2) bids received were from Ozarks Coca-Cola/Dr. Pepper and PepsiCo. Staff recommends awarding the bid to Ozarks Coca-Cola/Dr. Pepper. A contract will be presented at the next council meeting on June 24th. Graham made a motion to award the bid to Ozarks Coca-Cola/Dr. Pepper with Ledbetter seconding and all Council members voting aye.

Ordinances:

Bill #2019-061

Approving a Public Service Agreement with the Nixa Downtown Revitalization Committee regarding the 60/40 Matching Grant Awarded by Missouri Main Street Connection, Inc. was presented. Ledbetter made a motion to approve Bill #2019-061 on first reading and pass to second with Peterson seconding. Jimmy Liles, City Administrator gave a brief explanation of the proposed cost share. The grant program is a 60/40 cost share. The total amount of the grant is $24,000.00, with the cost share portion of $9600.00. The Downtown Revitalization committee is asking the City to commit to $4300.00. 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 #2019-061 was presented for final reading. Ledbetter made a motion to approve Bill #2019-061 on final reading and pass into law with Orf seconding and Orf, Ledbetter, Peterson, Graham and Perryman voting aye on roll call vote.

Discussion Items:

Mayor Steele recused himself from the Façade Grant discussion due to conflict of interest. Travis Cossey, Planning and Development Director gave a brief review of the façade grant. Council directed Cossey to come back with a plan to include all businesses, not just the downtown establishments.

The Christian County Assessors office was contacted but they don’t have record of when the buildings were erected. A map was located dated January 1975 that helped establish a time frame of the buildings located downtown. Fourteen (14) buildings are eligible for funding that are located outside of the downtown boundaries. Direction and discussion are needed for funding on a year to year basis. Chris Russell Chamber of Commerce Director would like to see an ordinance created that won’t change later. Eric Albers stated he liked the hybrid idea of including new and older buildings. Mark Anderson said the area will see rapid growth if support is given to businesses. The monies are not budgeted for the grant at this time and they will be coming from the Economic Development Fund. An ordinance will be presented later for approval.

Mayor Steele returns to the meeting.

Donna Swatzell, Finance Director, gave a review of the electric and water security deposits. The current policy for commercial customers requires a deposit of two (2) times the average monthly bill. Recently three (3) commercial customers whose businesses closed left outstanding bills and the deposit retained was not enough to cover the outstanding bills. Recommendation to help with this issue is to change to policy to implement a two (2) times the highest monthly bill or three (3) times the average monthly bill. A discussion of requiring a surety bond & two (2) times the average bill followed. The surety bond wouldn’t be deposited until service has been disconnected.

Swatzell explained the utility automated phone system. This will be a convenience service offered to customers. This will allow customers to access their accounts twenty-four (24) hours a day. Customers will be able to hear their balances and submit information securely and pay their bill. The option will be available to speak to a utility account specialist or use the automated system. If the customer chooses to pay using the automated phone system they will accessed $1.25 service fee.

Travis Cossey Planning and Development Director, explained the medical marijuana regulations. Buffer areas have been created to address schools, daycares and churches. The radius established for schools is one-thousand feet (1000), five-hundred feet (500) from daycares and two-hundred fifty (250) from churches Outlined in Amendment 2 no one can own more than three (3) operations. Planning and Zoning Commission approved the radius presented.
At 8:28 p.m. Perryman left the meeting.
At 8:32 p.m. Perryman returned to the meeting.
Mark Anderson Downtown Revitalization Committee asked for a variance for the downtown district.
At 8:36 p.m. Ledbetter left the meeting.
At 8:38 p.m. Ledbetter returned to the meeting.
Cossey stated there are ventilation requirements in place as well. There will be an ordinance presented at the June 24th Council meeting for Council’s approval.

Amanda Hunsucker, Human Resources Director, explained the revised personnel handbook policies. The updated policy addresses seniority. In addition to seniority the recommendation is for adding time frames for background checks and drug screenings for new and returning employees.

Swatzell explained the Debt Management Policy. The Debt Management Policy will outline how the city issues debt and operating reserves. There are situations where the city can issue taxable debt. CID’s reviewed will have separate policies in the future to coincide with State Statutes.

Mayor and Council Member Reports:

Liles requested input on the Strategic Planning process.

Tim Ricker, City Attorney, stated the small cell ordinance has had an issue with the language. It will be corrected and ready to bring back at a later date.

Peterson asked for an update on the Home Rule Charter Review Commission.

Executive Session:

At 8:50 p.m. Peterson made a motion to move to executive session pursuant to RSMo 610.021.2 Real Estate with Perryman seconding and Ledbetter, Peterson, Graham, Perryman, and Orf voting aye on roll call vote.

Ledbetter recused himself from discussion due to conflict of interest.

Council returned to regular session at 9:03 p.m.

Ledbetter returned to regular session.

Adjourn:

At 9:05 p.m. Perryman made a motion to adjourn with Orf seconding and all Council members voting aye.

 

 

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

Nixa City Hall                                                                                    June 24, 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, Jimmy Ledbetter Jr., 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. Peterson made a motion to accept the consent agenda as presented, items a through d and approve. Ledbetter seconded the motion and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Visitors:

No Visitors.

Service Award:

Mayor Steele recognized Matt Sloan for fifteen (15) years of service with the Police Department. Sloan was not in attendance.

Bid Award:

Matt Crouse, Parks and Recreation Director explained the Park Master Plan. In April there were Requests for Proposal’s (RFP) for the Park Master Plan sent to nineteen (19) firms and received eight (8) back. Of the top three (3) picked SWT Design was chose for the project. SWT has a created over forty (40) plus master plans since 2009. They are very familiar with the Nixa model. Ledbetter made a motion approve the bid award to SWT with Peterson seconding and all Council members voting aye.

Ordinances:

Bill #2019-062

Authorizing the Mayor to Sign a Contract with Ozarks Coca-Cola/Dr. Pepper Bottling Company for Beverage Supply for the Nixa Parks Department was presented. Ledbetter made a motion to approve Bill #2019-062 on first reading and pass to second with Graham seconding. Crouse gave an explanation regarding the contract. Beverage supplies will be bought exclusively from Ozarks Coca-Cola/Dr. Pepper Bottling Company. The bid package does include a percentage of sales paid to the city. 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 #2019-062 was presented for final reading. Ledbetter made a motion to approve Bill #2019-062 on final reading and pass into law with Barker seconding and Ledbetter, Peterson, Graham, Perryman, Barker and Orf voting aye on roll call vote.

Bill #2019-063

Authorizing the Mayor to Sign a Contract with Caldwell Tanks, Inc. was presented. Ledbetter made a motion to approve Bill #2019-063 on first reading and pass to second with Peterson seconding. Doug Colvin, Public Works Director and Assistant City Administrator explained the contract with Caldwell Tanks, Inc. The construction will be for a one million(1,000,000)-gallon composite water storage tower located at 1137 S. Norton Road. The tank will have the new water department logo on it. The bid for the project was $2,073,000.00. The time frame for completion is four hundred twenty (420) days and four hundred sixty-five (465) for overall completion with the anticipated completion date of summer/fall of 2020. 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 #2019-063 was presented for final reading. Ledbetter made a motion to approve Bill #2019-063 on final reading and pass into law with Perryman seconding and Peterson, Graham, Perryman, Barker, Orf and Ledbetter voting aye on roll call vote.

Bill #2019-064

Amending Chapter 22 Repealing Section 22-47 and 22-48 and Adopting New Section 22-47 and 22-48 Regarding Water Deposits, Payments and Delinquent Bills was presented. Ledbetter made a motion to approve Bill #2019-064 on first reading and pass to second with Perryman seconding. Donna Swatzell, Finance Director, explained the changes to the security deposits for electric and water services. The utility deposits would be waived for commercial customers who provide a surety bond for the deposit amount and enroll in the direct banking withdrawal. The deposits for residential customers will increase to help combat the loss of revenue due to outstanding balances after services are discontinued. The deposits will be waived for customers who have a satisfactory payment history for a twelve (12) month period and enroll in direct banking withdrawal. The policies will go into effect July 1, 2019. 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 #2019-064 was presented for final reading. Ledbetter made a motion to approve Bill #2019-064 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 #2019-065

Amending Chapter 22-Repealing Section 22-308 and 22-312 and Adopting New Section 22-308 and 22-312 Regarding Electric Deposits, Payments and Delinquent Bills was presented. Ledbetter made a motion to approve Bill #2019-065 on first reading and pass to second with Graham seconding. Swatzell reiterated the changes to Bill #2019-065 were explained in Bill #2019-064. 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 #2019-065 was presented for final reading. Ledbetter made a motion to approve Bill #2019-065 on final reading and pass into law with Perryman, Barker, Orf, Ledbetter, Peterson and Graham voting aye on roll call vote.

Bill #2019-066

Amending Chapter 101 and Chapter 117 by Repealing Sections 101-2 and 117-99 and Adopting New Sections 101-2 and 117-99 to Incorporate Provisions Related to Medical Marijuana Uses was presented. Ledbetter made a motion to approve Bill #2019-066 on first reading and pass to second with Orf seconding. Travis Cossey, Planning and Development Director explained the provisions regarding medical marijuana. To be in conformance with Amendment 2 a map has been created to provide buffer zones for medical marijuana shops. The four (4) areas addressed are for testing, manufacturing, dispensary, and cultivation. The regulations are similar as those imposed for a pharmacy. The distance required from schools is one thousand (1000) feet, five hundred (500) feet for daycares, and two hundred-fifty feet (250) for churches. Planning and Zoning Commission recommends approval. Mayor Steele opened the public hearing for comments.
Casey Belew, 623 N. Elmwood, stated she is a pharmacy technician and has seen first (1st) hand the benefits of medical marijuana. She’d like to see this area have the same advantage that Springfield would have. With no further visitors the Mayor closed the public hearing. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-066 was presented for final reading. Ledbetter made a motion to approve Bill #2019-066 on final reading and pass into law with Orf seconding and Barker, Orf, Ledbetter, Peterson, Graham and Perryman voting aye on roll call vote.

Bill #2019-067

Allowing for the Vacation of a City Sewer Easement in The Pines Subdivision was presented. Ledbetter made a motion to approve Bill #2019-067 on first reading and pass to second with Peterson seconding. Cossey explained the request for the vacation of an existing sewer easement that’s located in The Pines subdivision. The location is in the four hundred (400) block of S. Main. The original development began in 2008 and didn’t proceed further due to the housing collapse. The sewer easement was established in 1969 but never used. With there being no further need for the easement a vacation of easement has been requested. Planning and Zoning Committee recommends approval of the easement vacation. Mayor Steele opened the public hearing for comments. Derek Lee, 1200 E. Woodhurst with Lee Engineering stated he was available for any questions. With no further questions or visitors, Mayor Steele closed the public hearing. Mayor Steele called for a vote on the motion and all Council Members voted aye. Bill #2019-067 was presented for final reading. Ledbetter made a motion to approve Bill #2019-067 on final reading and pass into law with Graham seconding and Orf, Ledbetter, Peterson, Graham, Perryman and Barker voting aye on roll call vote.

Bill #2019-068

Creating Chapter 23 Revitalization Programs, Section 23-1 Nixa Beautification Façade Grant Program and Adopting Overview/Guidelines for the Grant Program was presented.

Mayor Steele recused himself for conflict of interest.

Barker made a motion to approve Bill #2019-068 on first reading and pass to second with Peterson seconding. Cossey stated the changes have been made to the ordinance as directed by Council. The boundary has been extended to include businesses outside of the original downtown area. The provision will now include all businesses that are commercially zoned that were constructed prior to January 23,1975. The funding available for the project will be $7500.00 maximum on a rotating basis. Mayor Pro-Tem Ledbetter opened the public hearing for comments. Chris Russell Director Nixa Chamber of Commerce stated he’s happy this opportunity has been opened to more businesses and the business owners are excited as well. With no further comments, Mayor Pro-Tem Ledbetter closed the public hearing. Mayor Pro-Tem Ledbetter called for a motion and all Council Members voted aye. Bill #2019-068 was presented for final reading. Perryman made a motion to approve Bill #2019-068 on final reading and pass into law with Peterson seconding and Ledbetter, Peterson, Graham, Perryman, Baker and Orf voting aye on roll call vote.

Bill #2019-069

Authorizing the Mayor to Allocate $15,000.00 from the Economic Development Committed Fund to the Grant Disbursement Line Item was presented. Barker made a motion to approve Bill #2019-069 on first reading and pass to second with Perryman seconding. Jimmy Liles, City Administrator stated $15,000.00 has been allocated under the direction of Council. This will allow for the funding of the façade grant program. After a short discussion Council decided to amend the allocated amount to $30,000.00. Ledbetter made a motion to postpone Bill #2019-069 until the July 8th Council meeting with Perryman and all Council Members voting aye.

Mayor Steele rejoined the meeting.

Resolutions:

Resolution #2019-063

Approving the Amended Preliminary Plat of Tiffany Highlands 5th Additon was presented. Cossey explained the request submitted for the amended preliminary plat. The land is located north of the detention basin in Richmond Phase 1 and east of South Elegant Drive. The additional property from the Richmond subdivision will create a road that will allow for homes on both sides of the street. The fifth (5th) addition will correct the lots from the fourth (4th) addition that do not meet the lot standard of Section 115-137. This will help create a better design and use. The Planning and Zoning Commission recommend approval. 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 #2019-063 with Peterson seconding and all Council Members voting aye.

Mayor and Council Member Reports:

Crouse indicated that the movie screen is broken. He is looking for a new one, the funds are available to do so. He’d like to purchase an inflatable screen. The current screen can be temporarily fixed for the upcoming July movie.

Mayor Steele stated Ledbetter will give his liaison report at the July 22nd Council meeting.

Executive Session:

At 7:44 p.m. Peterson made a motion to move to executive session pursuant to RSMo 610.021.2 Real Estate with Graham seconding and Graham, Perryman, Barker, Orf, Ledbetter, Peterson voting aye on roll call vote.

Council returned to regular session at 8:13 p.m.

Adjourn:

At 8:13 p.m. Baker made a motion to adjourn with Peterson seconding and all Council members voting aye.