REGULAR MEETING OF THE COUNCIL MEMBERS OF

THE CITY OF NIXA, MISSOURI

NIXA CITY HALL June 27th, 2022 7:00 P.M.

The regular meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending were Council Members Shawn Lucas, Justin Orf, Jarad Giddens, Aron Peterson, Darlene Graham, and Amy Hoogstraet.

The Pledge of Allegiance was given.

Consent Agenda:

Mayor Steele called for a motion to approve the consent agenda. Giddens made a motion to approve the consent agenda as presented, items a through b, with Hoogstraet seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call vote.

Service Awards:

Mayor Steele recognized Jim Baker for his 15 years of service to the City. Jeff Roussell, Street Superintendent, stated Baker could not be in attendance for the meeting. Roussell said Baker started with the building ground maintenance crew and is now the preventative maintenance coordinator. Roussell stated Baker works not only on vehicles and equipment for public works but throughout all City departments.

Proclamation:

Mayor Steele read a proclamation proclaiming July 2022 as Parks & Recreations Month. Matt Crouse, Parks Director, accepted the proclamation.

Visitors:

Jeff Belcher, 203 S Ellen, discussed his first (1st) amendment rights to speak at City Council Meetings and the language he uses at the meetings. Belcher spoke about the Parks and Recreation proclamation and the state of Rotary Park. Belcher thanked the Council for amending the ordinance for fireworks.

Jeanne Coburn, 1371 W. Stone House Rd., stated she appreciates Council for the Parks & Recreation proclamation and asked Council for another park. Coburn told Council she appreciates the street resurfacing and what Council is doing for the City.

Tamara Yancy, 1320 W Carriage Ct., thanked the Council for what they are doing for the City and the Parks & Recreation and Pride Month proclamations.

Ron Sanders, 976 Glen Oaks Dr., discussed the need for speaker cards to speak during the visitors section, rules to speak during the visitors section, and freedom of speech. Sanders stated he likes to speak to Council during the meetings.

Council responded to comments made during the visitors section and provided an update on how Council Meetings will be conducted in the future.

Presentations:

2021 Financial Statements:

Jennifer Evans, Finance Director, stated that usually, the auditor provides an auditor’s report in April or May; however, presentations in the future will be different based on the action plans in the strategic plan. Evans stated that the Finance Department is trying to make financial statements easier to understand. Evans recognized and thanked Mckayla Ford, the Communications Department intern, for designing the Popular Annual Financial Report (PAFR) and thanked Drew Douglas, Communications Director, for his work on the PAFR as well. Evans stated a more detailed annual report could be found on the City’s website. Evans discussed each page of the PAFR in length. Evans provided specific details on the awards the Finance Department had been awarded and 2021 revenue sources. Evans discussed how City money is spent by each city function, City debt, and Capital Improvement Projects. Evans next discussed the 10-year-Government-Wide Net Position, which is a good indicator of the general financial health of a city. Evans stated the City is on an upward trend and is in good financial standing. Evans provided the difference between governmental and enterprise funds and details on the City’s enterprise funds. Evans said she was very proud of the PAFR and encouraged everyone to visit the City’s website to view a more detailed annual report. Council asked questions about the PAFR and provided feedback.

Strategic Plan Update – Reliable Infrastructure & Sustainable Economy:

Douglas stated he has presented information on the first (1st) two (2) strategic plan priorities and gave a background on the strategic plan process. Strategic Plan #3, Reliable Infrastructure, was presented first (1st), and each action plan was discussed in length. Action Plan #1: Improve roadways to alleviate congestion in high-traffic areas. This action plan has four (4) action steps, with one (1) budgeted in 2022 and three (3) in progress. Action Plan #2: Improve intersections to enhance safety and alleviate congestion. This action plan has three (3) action steps, with two (2) budgeted for 2022 and one (1) completed in 2021. Action Plan #3: Create new road connectivity to alleviate congestion in high-traffic areas. This action plan has two (2) action steps with one (1) in progress. Action Plan #4: Advocate to MoDOT that they prioritize various Nixa projects. This action plan has one (1) step that is operational and ongoing. Action Plan #5: Improve public lighting to enhance safety and efficiency citywide. This action plan has four (4) action steps with two (2) in progress. Action Plan #6: Bury electric lines to enhance safety, increase reliability, and improve aesthetics. This action plan has two (2) action steps, none of which have been started yet. Action Plan #7: Upgrade utility metering to Automated Meter Infrastructure (AMI) to improve customer service and reliability. This action plan has three (3) action steps with two (2) budgeted for 2022. Action Plan #8: Improve community awareness of ways the public can minimize damage to our environment. This action plan has one (1) step that is operational and ongoing. Action Plan #9: Implement a comprehensive Stormwater Utility in order to manage and enhance water quality. This action plan has two (2) action steps, none of which have been started yet. Douglas presented next on Strategic Plan #4, Sustainable Economy. Action Plan #1: Seek to partner with a developer in order to build a new industrial park. This action plan has one (1) action step, and no progress has been made. Action Plan #2: Provide voters an opportunity to fund the city’s economic development efforts. This action plan has one (1) step and has not been started. Action Plan #3: Implement a unique economic development branding and marketing strategy for the city and distribute its key messages in creative and innovative ways. This action plan has four (4) action steps with one (1) in progress, one (1) budgeted for 2022, and one (1) operation since 2021. Action Plan #4: Create a packet and electronic communications which explain the processes of starting and maintaining a business in Nixa. This action plan has four (4) action steps that are all dependent on branding standards, adoption, and implementation of an economic development marketing strategy. Action Plan #5: Participate annually in tax-free weekend. This action plan has one (1) action step that was completed in 2021.

Ordinances (First Reading and Public Hearing; Comments Limited to 5 Minutes; No Council Vote Anticipated):

Council Bill #2022-065

Amending Section 16-200 of the Nixa City Code to Authorize the Discharge of Fireworks Within the City Limits for July 2nd and 3rd 2022. Jimmy Liles, City Administrator, stated staff was directed to research the possibility of allowing fireworks to be shot during the weekend before the Fourth of July. Liles said the ordinance being presented would allow for fireworks July 2nd – 4th, 2022, between the hours of 2:00 p.m. – 11:00 p.m. Liles stated that for the ordinance to become effective before the July 4th weekend, there would need to be a special meeting to have the second (2nd) reading. Council stated the current ordinance would be limited to just 2022, so there could be a longer conversation about fireworks. Liles said he spoke with the Assistant Fire Chief, and they are aware of the ordinance, and if there is a fire ban, no fireworks would be allowed. Council discussion was held. Mayor Steele opened the public hearing for comments.

Jeff Belcher, 203 S Ellen, discussed the number of 911 calls that happened during the Chamber fireworks display. Belcher discussed cleaning up discharged fireworks and pets during fireworks celebrations.

Ron Sanders, 976 Glen Oaks Dr., discussed the price of celebrating freedom during the 4th of July. Sanders suggested having fireworks shows on the 4th of July to cut down on residential fireworks.

Council held a further discussion and directed Nick Woodman, City Attorney, to create Amendment A to the council bill to allow for fireworks on Sunday, July 3rd, and Monday, July 4th, and Amendment B to the council bill to allow for fireworks on Saturday, July 2nd and Monday, July 4th. Council directed they would consider the original council bill and both amendments at a special council meeting on Wednesday, July 29th at 5:00 p.m.

Ordinances (Second Reading and Public Haring; Comments Limited to 5 Minutes; Council Vote Anticipated):

Council Bill #2022-061

Amending Several Sections of Chapter 22 of the Nixa City Code to Codify and Update the City’s Water Rates and to Update Provisions Related to the City’s Utility Billing Procedures. Evans stated the first (1st) reading of this council bill was at the June 13th meeting. Evans said this council bill allows for information for water rates and utility billing procedures to be found in one (1) easy spot. Council asked about the council bill for the RDE and Tuscany Hills water rates. Doug Colvin, Assistant City Administrator and Public Works Director, stated that the council bill for that item was still being worked on. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the council bill. Graham made a motion to approve Council Bill #2022-061 with Giddens seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf voting aye on roll call vote.

Council Bill #2022-062

Accepting the Dedication of Certain Rights-of-Way of the Minor Subdivision Generally Located Along the 700 Block of East Crystal Avenue. Scott Godbey, City Planner, stated that the property is located at the East end of East Crystal Avenue. Godbey said the property is a part of the Tiffany Highlands 2nd Addition subdivisions. Godbey told Council that in 2003 stormwater improvements were made that turned crystal avenue into a cul-de-sac. Godbey said the Planning and Zoning Commission unanimously approved the dedication of rights-of-way, and staff is also recommending approval. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the council bill. Peterson made a motion to approve Council Bill #2022-062 with Orf seconding and Peterson, Graham, Hoogstraet, Lucas, Orf, and Giddens voting aye on roll call vote.

Council Bill #2022-063

Rezoning the Real Property Generally Located Along the 700 Block of East Crystal Avenue from the R-3 Multi-Family Residential District to the R1 Single-Family Residential District. Godbey stated that this ordinance is for rezoning the property previously discussed in Council Bill #2022-062. Godbey said the property is vacant, and the land uses around the property include R-4 multi-family to the north and east, R-1 single-family to the south, and general commercial to the west. Godbey said that the property has immediate access to City utilities. Godbey stated that the Planning and Zoning Commission voted unanimously to approve the rezoning, and staff is recommending approval. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the council bill. Hoogstraet made a motion to approve Council Bill #2022-063 with Giddens seconding and Graham, Hoogstraet, Lucas, Orf, Giddens, and Peterson voting aye on roll call vote.

Council Bill #2022-064

Amending the 2022 Annual Budget to Appropriate Funds for the Purchase of Audio/Visual Equipment and Videoconferencing Equipment. Cindy Robbins, Assistant City Administrator, said this budget amendment is for $35,500 and would include the purchase and installation of 12 wireless microphones and 4 (four) chargers and replacement batteries. Robbins also stated that the budget amendment would include videoconferencing equipment for the chamber conference room. Robbins said staff is recommending approval. Mayor Steele opened the public hearing for comments.

Ron Sanders, 976 Glen Oaks Dr., questioned why the amount was so high. Robbins provided a breakdown of the expense for the microphones, batteries, chargers, and labor/training for the project.

Council held a discussion and asked questions about the equipment being purchased. Liles stated that more microphones were being purchased due to other events besides Council meetings being held in the Chamber and that there were only a few microphones were still operational. Council held an additional discussion.

Jeff Belcher, 203 S Ellen, asked if the microphone upgrades will help with being able to hear when watching on YouTube. Douglas responded that the current microphones aren’t very strong, and the new microphones will be more sensitive.

Council held an additional discussion. Mayor Steele called for a motion to approve the council bill. Lucas made a motion to approve Council Bill #2022-064 with Graham seconding and Hoogstraet, Lucas, Orf, Giddens, Peterson, and Graham voting aye on roll call vote.

Resolutions (Public Hearing; Comments Limited to 5 Minutes; and Council Vote Anticipated):

Resolution #2022-066

Authorizing the City Administrator to Execute a Contract with Hogan’s Inc. for the Washing and Painting of Water Tower #4. Travis Cossey, Assistant Public Works Director, stated that Tower #4 was identified as a tower that needed washing and painting per the tower maintenance schedule that was created. Cossey said Tower #4 is east of Highway 14, was constructed in 1999, and is wearing its original coat of paint. Cossey said the painting would be inside and outside of the tower. Cossey said there were five (5) bids with Hogan’s Inc. being the lowest. Cossey stated that Hogan’s is currently preforming work on Tower #1 and staff is recommending approval. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2022-066, with Peterson seconding and all Council Members voting aye.

Returned Resolution (Public Hearing; Comments Limited to 5 Minutes; and Council Vote Anticipated):

Resolution #2022-061

Retiring the Current City Seal and Adopting in Lieu Thereof a New City Seal. Douglas said the design consultant had provided coasters and a keychain that shows an example of what the seal and logo would look like if adopted. Douglas also provided Council with a draft copy of the branding standards booklet with 90 different design pieces. Douglas said a flag being designed by the community would be a manageable process; however, a seal is a more complex design and doesn’t recommend asking the community to design a seal. Douglas said the new website is being developed based on the branding standards. Douglas stated that staff recommends adopting the seal, but if the seal isn’t adopted, Douglas said he would recommend hiring another consulting firm to design the seal. Council asked questions about the branding standards, with Douglas responding. Mayor Steele opened the public hearing for comments.

Ron Sanders, 976 Glen Oaks Dr., felt that at the last Council meeting, the Council was disinterested in the seal adoption process. Sanders said he felt the seal was generic. Sanders said the City deserves a good idea and that the current seal is good.

Jeff Belcher, 203 S Ellen, stated that a seal and flag wouldn’t entice people to come to the city; people moving to a city will look at things like tax rates. Belcher said he doesn’t understand the branding update and that locals should design the brand.

Council held a discussion on who designed the current City seal and branding cohesiveness. Mayor Steele provided information behind his decision to veto the original resolution. Mayor Steele called for a motion to approve the returned resolution. Hoogstraet made a motion to approve returned Resolution #2022-061 with Orf seconding and Lucas, Orf, Giddens, Peterson, and Hoogstraet voting aye and Graham voting nay.

Unfinished Business – Jerico Street Speed Limit Study:

Colvin stated there was a request from a citizen to look at the speed on Jerico. Colvin said staff immediately went to work on collecting updating traffic data once the request came from the citizen. Colvin stated that both the City’s traffic engineering consultants provided a review. Colvin discussed the results from each consultant’s studies stating that both recommended a 25mph speed limit. Colvin said that staff is recommending the 25mph speed limit. Council held a discussion and asked questions about increasing the speed limit, with Colvin responding.

Mayor and Council Member Reports:

Colvin stated that the proposed RDE public hearing is July 26th, and the proposed Tuscany Hills public hearing is July 28th. Colvin said the dates aren’t set in stone.

Lucas asked if the noise complaint in Forrest Heights was fixed. Robbins stated that the code enforcement officer spoke with the contractor and that the subcontractors were causing the noise. Robbins said the contractor asked what equipment was and wasn’t allowed and would speak with their subcontractors.

Adjournment:

Mayor Steele called for a motion to adjourn. Giddens made a motion to adjourn at 9:25 p.m., with Orf seconding and all Council Members voting aye.