October 2019 Minutes

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

Nixa City Hall                                                                              October 15, 2019   6:00 p.m.

 

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

The pledge of allegiance was given.

Peterson made a motion to amend the agenda to include appointment of Planning and Zoning Commissioner after swearing in new council member with Orf seconding and all Council Members voting aye.

Presentations:

Finance Director Donna Swatzell introduced the General Fund Budget. This presentation is available to review at City Hall. Swatzell stated operating revenue has increased 4 ½ % over the last five (5) years. Sales tax has increased 3%.   The personnel changes in the 2020 budget include the hiring of a full-time city attorney with wages of $85,000.00 plus benefits.  A part-time intern for the Public Information Officer. The retirement and hiring of the Finance Director. The Police Department hiring four (4) officers. Operational items for the budget are as follows; replacement of HVAC at city hall, sealing and striping parking lot and increased election costs for the Home Rule Charter revisions. Police Department will be sealing and striping the parking lot, scope of work for building expansion and safety equipment. Parks will have a software update to the Rec Trac system. Completion of the Park Master Plan. Stormwater will receive MS4 software and training. Tuition reimbursement will be available to all departments. A new business license module offered by Tyler Technologies for $11,385.00 software and $2856.00 for recurring fees. This would bring the business license database up to date. The General Obligation bond will retire in 2021. The PBC leasehold is set to retire in 2026. The minimum wage increase has created an increase to membership fees at the Park department. This increase has shown a loss of memberships due to the increase in fees. A busy year for the Building department has shown an eight percent (8%) increase. The proposed Street operational budget reflects two (2) additional utility workers. The additional items include security gates at 1111 Kathryn, three (3) mobile radar signs, ADA compliance and a mower rotation. The budget schedule will be presented at the November 12th meeting.

Public Information Officer, Drew Douglas reviewed the Strategic Plan. Douglas and Parks and Recreation Director Matt Crouse researched models of various cities to find a similar fit for Nixa. The model they chose to study was Mesa, Arizona. Mesa’s model assisted in the passing of three (3) out of five (5) of their ballot issues. The actions steps to be created will include; Vision, Community engagement, Advisory committee and Council direction. The set-up fee is estimated at $7,000.00, $5,500.00 marketing, $1,500.00 committee costs with a total of $14,000.00. This will allow citizens to participate in the comfort of their homes. The start up phase will begin in January 2020. This will be valuable in creating voter education for citizens. The data will be archived. The discussions will be open for three (3) months to encourage participation. Participation can be achieved without being physically present. This will give citizens the opportunity to be heard. Council gave permission to proceed.   

The Mayor called for a recess at 7:05 p.m. the meeting returned to session at 7:18 p.m.  

Visitors:

No Visitors

Declaration of Council Vacancy

City Clerk and Assistant City Administrator Cindy Robbins stated the seat for District 1 was vacant due to the resignation of Council Member Kendal Dingus. The three (3) previously interested candidates were contacted regarding the opening.  Randall Bettis, Derris Butler and Jarad Giddens were present at the meeting. Each candidate addressed Council regarding the vacancy.

Vote to Fill Council Vacancy:

Mayor Steele nominated Jarad Giddens for District I. Peterson nominated Randall Bettis for District I. Barker, Perryman and Orf voted aye on the nomination of Giddens. Graham and Peterson voted aye on the nomination of Bettis. With a vote of 3-2 Giddens was appointed as Council Member District I. Giddens resigned from Planning and Zoning Commission and the Home Rule Charter Commission. His resignation was accepted.

Swear in New Council Member:

Robbins swore in Jarad Giddens for District I.

Mayor Steele nominated Bettis and Butler to the Planning and Zoning Commission and the reappointment of David Young to the Planning and Zoning Commission with all Council Members voting aye.

Employee Recognition and Promotions:

City Administrator Jimmy Liles recognized the Think Tank Committee for its MML Innovation award for 2019. This is the third (3rd) consecutive award the City of Nixa has won an award for innovation.  The group consists of City employees with three (3) main objectives. Define culture, communication and no cost solutions to internal challenges.

Police Chief Joe Campbell recognized officers for their promotions within the City of Nixa Police Department.

Corporal Eutsler has been with the Police Department for seven (7) years. Eutsler has been assigned to Criminal Investigations. He is the department’s rangemaster as well as Team Leader in the Nixa Emergency Tactical Team. 

Corporal Acox has been with the Police Department for seven (7) years. He has been assigned to Squad 2 in the operations division. He’s also a field training officer.

Corporal Strohm has been with the Police Department for three (3) years. He has been assigned to Squad 1 in the operations division. Strohm is the Assistant Team Leader for the Nixa Emergency Tactical Team

Corporal Seiner has been with the Police Department for over two (2) years. He’s been assigned to Squad 1 in the operations division and is also a field training officer.

Introduction of Potential Ordinances:

Public Works Director and Assistant City Administrator Doug Colvin explained the agreements with Southwest Power Pool. There are three (3) separate agreements. The agreements will update the existing transmission contract for energy due to the sale to GridLiance. The initial agreements were approved by Council in June 2017. The updated agreements recognize the new ownership and operational responsibilities of GridLiance as well as the City being the network service customer for delivery of power.

Colvin explained the MoDOT SH14/Mt. Vernon ordinance with Missouri Highways and Transportation Commission (MHTC). This is for a cost share for new sidewalks between Fort Street and Ridgecrest. In addition, the agreement states the City will be responsible for one hundred percent (100%) the Rice Street extension which is estimated to be $53,879.00.  The City will be responsible for one hundred percent (100%) of the construction cost of the new sidewalks on both sides of the roadway estimated at $252,837.00. Eighty percent (80%) of the sidewalk cost will be paid by STBG, and the remaining twenty percent (20%) from City coffers. The City will remit $104,446.00 to cover payment prior to MoDOT’s advertisement for bids which are taking place in March 2020. The payment has been reflected in the 2020 CIP and proposed 2020 Capital Street budget awaiting approval.

Robbins explained the annual ordinance for the renewal of the lease on the City Hall and Police Department facilities. The authorization will appropriate the funds to extend the lease financed through the Public Building Corporation for a one (1) year period beginning January 1, 2020.

Campbell reviewed the Bulletproof Vest Partnership grant with the Bureau of Justice Assistance. The grant would provide monies to reimburse the City for the purchase of body armor. The grant was awarded to the City in September in the amount of $5225.28. The City will be responsible for purchasing the vests, and the grant will reimburse the Police Department up to 50% of the cost.

Mayor and Council Member Reports:

No Reports

Executive Session:

At 7:49 p.m. Peterson made a motion to move to executive session pursuant to RSMo 610.021.12 Contract Negotiations with Orf seconding and Perryman, Peterson, Graham, Giddens, Barker and Orf voting aye on roll call vote.

Council returned to regular session at 8:32 p.m.

Adjourn:

At 8:35 p.m. Barker 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                                                                                October 28, 2019 7:00 p.m.

 

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

The pledge of allegiance was given.

Consent Agenda:

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

Visitors:

No Visitors.

Service Award:

Mayor Steele recognized Jeremy Whitehill for ten (10) years of service with the Nixa Police Department. Whitehill was not present to receive his award. Whitehill is a Lieutenant in the Support Division. Police Chief Joe Campbell stated Whitehill was an asset to his department. He assists the department with his knowledge of technology.  

Presentations:

Public Works and Assistant City Administrator Doug Colvin introduced Todd Kemper with Bartlett and West. Mr. Kemper has been the consulting engineer for this project. Mr. Kemper gave a brief history of the American With Disabilities Act (ADA). He stated all government entities have an ADA Plan. The Department of Justice is enforcing the implementation of ADA compliance in cities. Seven (7) facilities and two (2) parks were evaluated and a plan was set for each after evaluation. GIS mapping has assisted with a database indicating priorities. Forty-three (43) miles of sidewalks were evaluated. Seventy-one percent (71%) of sidewalks were not compliant.  The plan established addresses the deficiencies including sidewalks, handicap ramps, building, grounds and parking areas. The project will be divided into two (2) phases in a fifteen (15) year span with an estimation of $162,000.00 per year.

Bid Award:

Colvin explained the bid award for the upgrades to the Wasson Place Lift Station improvements and Milton Street Parallel Sewer. This is for Phase II and Phase III upgrades and connections to the lift station. The repair will relieve a restriction between Morning Glory and Wasson Lift Station. This will improve the flow capacity for the wastewater collection system. Higher capacity pumps with electrical control panels, emergency standby generator and large diameter discharge piping for higher capacity pumps. Staff recommends the bid award to Kirk’s Excavation for both projects. Peterson made a motion to award the Wasson Place Lift Station Improvements and Milton Street Sewer Line Improvements to Kirk’s Excavation with Perryman seconding and all Council Members voting aye.   

Grant Award:

Planning and Development Director Travis Cossey reviewed the façade grant. The City has received its first façade grant application from Charlene Smith owner of Doggie Styles Grooming located at 308 W. South St.  Mrs. Smith has applied for grant funds in the amount of $6,727.09 for exterior siding and replacement of a glass door. If approved Mrs. Smith will receive $3,363.55 after completion of the project. The funds available for use in 2019 is $15,000.00 if Mrs. Smith is awarded the grant the new balance would be $11,636.45.  Planning and Zoning Commission has recommended approval of the grant. Graham made a motion to award the grant with Peterson seconding and all Council Members voting aye.  

Introduction of Potential Ordinances:

Cossey explained due to lack of quorum the Planning and Zoning meeting had to be rescheduled to October 16th for rezoning of Cheyenne Valley and Resolution in conjunction with the preliminary plat. James McCauley and Stu Stenger are requesting an approval of an Amended Preliminary Plat with zoning changes for the subdivision known as Cheyenne Valley. The land is a 77.49- acre tract located on the Southeast corner of Cheyenne Road and North Street. The developer plans to purchase 9.7 acres and add it to the original preliminary plat. Cheyenne Valley had initially planned to have 59.325 acres for Single family (R1) zoning, 8.473 acres of Multi-family (R3),9.696 acres of General Commercial (GC) zoning. The new Preliminary Plat includes 171 lots zoned single family (R-1) and one (1) lot zoned Multi-Family (R3) and two (2) lots zoned General Commercial (GC).  Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed.  

Cossey reviewed the amended preliminary plat and rezoning request for Forest Heights, previously known as the Richmond subdivision. Kenny Bussell of Bussell Building has purchased the property.  The property is a 73.88-acre tract located on the Northeast corner of the intersection of Muskego Road and Ozark Road. The original preliminary plat was planned to have 49.13 acres of Single-Family (R1) and 24.74 acres of Two-Family (R4) zoning. The amended preliminary plat would provide Single-Family (R1) housing and eliminate the access off Muskego Road. Emergency access point along East Muskego Road would be available if needed. Mayor Steele opened the public hearing for comments.

John Price, 3260 S. Brunswick, Springfield. Mr. Price has been retained to represent the homeowners in The Woods subdivision. He specializes in environmental concerns. The Northside of the existing detention basin Richmond Heights flow into the detention and discharge to the East, where surface water can drain into the aquifer. The residents are on private wells which are not deep drilled. No one from the developer has contacted the residents regarding the contamination from the run off. Discharging contaminated water in a sinkhole creates a risk of polluting the drinking water.

Clayton Hines, PO Box 493 stated using sinkholes as stormwater retention basins follows guidelines. Casings and wells below water from sinkholes move laterally to rivers and streams. The ability is available to extend service with subdivision development if an issue arises in the future. This meets the regulations for stormwater to drain to a natural path (sinkhole).

Emily Kembell, 604 Northwind Drive. Kembell moved to a rural setting because of pollutants. She’s concerned what the pollutants may be with this design. She feels the lots are too small and encourages the Council to look at the proposed site.

Lee Doran, 872 E. Stonecrest. Doran stated the lots located behind him are proposing turning one (1) lot into a shared three (3) lot. There will be one (1) mile of road frontage with three (3) exits in a quarter (1/4) of a mile. If the run-off from drains into the aquifer would you want your family to drink it.  

Dave Clifton, 962 Eastwind Court. Clifton has lived in The Woods subdivision for sixteen (16) years. He tests his well every six (6) months. He doesn’t believe the 2005 guidelines apply today. Destroying a water source will have a great impact.

A short discussion amongst Council was held.

Lisa Doran, 872 E. Stonecrest. Doran stated she exists onto Elegant Drive. There are numerous children, new subdivisions and increased traffic. The area is not safe and this makes no sense to her.

With no further comments Mayor Steele closed the public hearing.

City Attorney Tim Ricker reminded the audience a public hearing will be open at the next public meeting.

Ordinances:

Bill #2019-101

Authorizing the Mayor to Sign a Contract with Southwest Power Pool, Inc. for Network Integration Transmission Service was presented. Peterson made a motion to approve Bill #2019-101 on first reading and pass to second with Orf seconding. Colvin explained the three (3) new agreements with Southwest Power Pool. This will update the existing transmission contracts for energy delivery due to the sale to GridLiance in 2018. The contracts presented acknowledge the ownership and operating responsibilities to Gridliance. The City will be responsible for the planning and scheduling to obtain power. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a motion and all Council members voted aye. Bill #20109-101 was presented for final reading. Perryman made a motion to pass Bill #2019-101 into law with Graham seconding and Perryman, Peterson, Giddens, and Orf voting aye on roll call vote.

Bill #2019-102

Authorizing the Mayor to Sign a Network Operating Agreement with Southwest Power Pool, Inc. and The Southwestern Power Administration was presented. Peterson made a motion to approve Bill #2019-102 on first reading and pass to second with Perryman seconding. The explanation Colvin provided for Bill #201-101 will apply to Bill #2019-102. 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 #2019-102 was presented for final reading. Perryman made a motion to pass Bill #2019-102 into law with Giddens seconding and Peterson, Graham, Giddens, Orf and Perryman voting aye on roll call vote.

Bill #2019-103

Authorizing the Mayor to Sign a Network Operating Agreement with Southwest Power Pool, Inc. and Gridliance High Plains, LLC was presented. Graham made a motion to approve Bill #2019-103 on first reading and pass to second with Peterson seconding. The explanation Colvin provided for Bill #2019-101 will apply to Bill #2019-103. 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 #2019-103 was presented for final reading. Giddens made a motion to pass Bill #2019-103 into law with Peterson seconding and Graham, Giddens, Orf, Perryman and Peterson voting aye on roll call vote.

Bill #2019-104

Authorizing and Directing the Mayor to Execute a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission Regarding Road Improvements at Route 14 and Rice Street was presented. Peterson made a motion to approve Bill #2019-104 on first reading and pass to second with Perryman seconding. Colvin explained the Highway 14 East and Mt. Vernon cost share agreement. The agreement will commit the City to share in the costs of new sidewalks on both sides between Fort Street and Ridgecrest. In addition, the City will commit to pay for its portion of the Rice Street extension. The total project is estimated to be $9,505,796.00. The City will be responsible for one hundred percent (100%) of the Rice Street extension because it’s not eligible for STBG funding. The City will also be responsible for one hundred percent (100%) of the new sidewalk construction, which is estimated at $252,837.00. Eighty percent (80%) of the cost will be paid by STBG with the remaining twenty percent (20%) $50,567.00 will be paid by the City. The City will be responsible for $104,446.00 of funding. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a motion and all Council Members voted aye.  Bill #2019-104 was presented for final reading. Orf made a motion to approve Bill #2019-104 on final reading and pass into law with Graham seconding and Giddens, Orf, Perryman, Peterson and Graham voting aye on roll call vote.

Bill #2019-105

Approving the Renewal of a Lease for Facilities Financed Through the Public Building Corporation was presented. Peterson made a motion to approve Bill #2019-105 on first reading and pass to second with Giddens seconding. City Clerk and Assistant City Administrator Cindy Robbins explained the annual ordinance needed to renew the lease on the City Hall and Police Department. The ordinance will authorize the appropriation of funds to extend the current lease with the Public Building Corporation beginning January 1, 2020. Mayor Steele opened the public hearing for comments, no comments were made and the hearing was closed. Mayor Steele called for a motion and all Council Members voted aye. Bill #2019-105 was presented for final reading. Graham made a motion approve Bill #2019-105 on final reading and pass into law with Orf seconding and Orf, Perryman, Peterson, Graham and Giddens voting aye on roll call vote.

Bill #2019-106

Authorizing the Acceptance of the Bulletproof Vest Partnership Grant through the U.S. Department of Justice, Bureau of Justice Assistance was presented. Perryman made a motion to approve Bill #2019-106 on first reading and pass to second with Peterson seconding. Campbell stated he’s received notification the Police Department has been awarded the Bulletproof Vest grant in the amount of $5,225.28 for 2019. He’s requesting permission to accept the BVP grant from the Bureau of Justice Assistance. 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 #2019-106 was presented for final reading. Graham made a motion to approve Bill #2019-106 on final reading and pass into law with Giddens seconding and Perryman, Peterson, Graham, Giddens and Orf voting aye on roll call vote. 

Discussion Items:

Unfinished Business Items:

Finance Director Donna Swatzell reviewed the purchasing policy revisions. Direction was requested for what contracts the City Administrator is approved to sign or which need to be taken to Council. The direction given was to bring all bids and CIP’s to Council for approval and review. The policy will be brought back at the next meeting as a resolution for approval.

New Business Items:

Liles reviewed the open position for the Home Rule Charter Review Commission. Jared Giddens resigned due to his appointment to Council Member District I. Sarah Bader has offered to serve on the Home Rule Charter Review Commission for District I. Mayor Steele recommends Sarah Bader for the open seat for Home Rule Charter Review Commission for District I, all Council Members vote aye.

Peterson made a motion to amend to include the re-appointment of Joe Gallant to continue Planning and Zoning Commission with Perryman seconding and all Council Members voting aye.

Mayor and Council Member Reports:

Liles stated the State of the Community Dinner will be October 29 at 6:00 p.m. at Nixa Junior High.

Peterson stated the Prescription Drug Take Back collected two-hundred and fifty (250) pounds of prescription drugs.

Perryman asked how the Creepin at the Crossroads event was.

Mayor Steele stated Orf will be giving a liaison report in December.

Chamber of Commerce Director Chris Russell said Creepin at the Crossroads came together wonderfully. Russell gave a big thanks to Jeff Roussell and the Police Department for their assistance.  

Adjourn:

At 8:58 p.m. Perryman made a motion to adjourn with Giddens seconding and all Council Members voting aye.