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PAGE TITLE: November 2021 Council Meeting Minutes



TAB 1 TITLE: Summary

Nixa City Council held 2 regular meetings in November 2021.

The first meeting was on November 8th.

The second meeting was on November 22nd.



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TAB 2 TITLE: November 8, 2021



TAB 3 TITLE: November 22, 2021

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

Nixa City Hall November 8, 2021 7:00 p.m.

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

The Pledge of Allegiance was given.

Proclamation:

Mayor Pro-Tem Giddens read a proclamation declaring November 2021 as Lung Cancer Awareness Month.

Visitors:

No visitors spoke.

Ordinances (First reading and Public Hearing; No Council Vote Anticipated):

Council Bill #2021-111

Amending the Provisions of the Boone Property Planned Unit Development to Allow a Twenty-Five Foot Front-Yard Setback for Lot 16 of the Kelby Creek Phase 6 Subdivision. Garrett Tyson, Planning and Zoning Director, gave an overview of the Planned Unit Development (PUD) that Council approved in 2006. Tyson discussed the current PUD’s setback of 35 feet and the proposed change to the City’s standard setback of 25 feet for that lot. Tyson stated that the City would not usually allow a change in setback outside of a PUD. The Planning and Zoning Commission and staff recommend approval of the setback change. Council held discussion. Mayor Pro-Tem Giddens opened the public hearing for comments.

Ross Tommingo, 409 N Maplewood Hills Rd., stated he owned the property being discussed. Tommingo stated that the request for a 25-foot setback would allow for a smaller retaining wall to manage the water flow on the lot.

With no further comments, Mayor Pro-Tem Giddens closed the public hearing.

Council Bill #2021-112

Renewing the Base Lease Agreement for Real Estate and Existing Facilities with the Bank of New York Mellon Trust Company, N.A. for Refunding Certificates of Participation Series 2013. Jennifer Evans, Finance Director, stated that this ordinance is done annually to renew the Northwest Sewer Lift Station financing. If approved, this ordinance will renew the terms of the lease for an additional year. Evans stated that the principal and interest payment included in the 2022 budget is $124,875. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed.

Council Bill #2021-113

Renewing the Lease for Facilities Financed Through the Public Building Corporation of Nixa, Missouri. Evans stated that this ordinance is also done annually to renew the financing on the City Hall and Police Department Facilities lease. If approved, this ordinance will renew the terms of the lease for an additional year. Evans stated that the principal and interest payment included in the 2022 budget is $248,300. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed.

Council Bill #2021-114

Amending Chapter 2 of the Nixa City Code by Adding Thereto a New Section Providing for the Waiver of User Fees by Resolution. Nick Woodman, City Attorney, stated this ordinance, if approved, would allow Council to waive user fees for other governmental entities. Woodman next gave an overview of user fees and the legal process for waiving those fees. Council held discussion. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed.

Ordinances (Second Reading and Public Hearing; Council Vote Anticipated):

Council Bill #2021-103

Authorizing the Mayor to Execute an Intergovernmental Agreement with the 38th Judicial Circuit of the State of Missouri for the Funding, Hiring, and Maintaining of a Court Clerk and the Transfer and Storage of Municipal Court Files. Jimmy Liles, City Administrator, stated this agreement with the Christian County Circuit Court would allow the City and the City of Ozark to split the cost of a court clerk for the County Circuit Court due to the additional caseload due to both municipal courts being transferred. Liles stated that the contract would be good for a year and would be reevaluated each year. The cost for the City’s half of the salary and benefits for 2022 would be $23,833.20. If the position can be filled in 2021, the City’s cost would be $2,948.45. Council held discussion. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments being made, the public hearing was closed. Mayor Pro-Tem Giddens called for a motion to approve the ordinance. Graham made a motion to approve Ordinance #2021-103 with Hoogstraet seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call.

Council Bill #2021-104

Amending Chapter 2, Article II, of the Nixa City Code to Establish New City Council Districts Based on the 2020 Decennial Census. Tyson stated that this ordinance would redefine all three (3) of the City’s Council Districts. Tyson gave an overview of the redistricting criteria that must be followed. Next, Tyson discussed the Council Subcommittee that met to discuss the two (2) options for redistricting and the option that was selected because of that subcommittee. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed. Mayor Pro-Tem called for a motion to approve the ordinance. Lucas made a motion to approve Ordinance #2021-104 with Orf seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf voting aye on roll call.

Resolutions (Public Hearing and Council Vote Anticipated):

Resolution #2021-111

Authorizing the City Administrator to Execute a Contract for Managed Technology Services with Pitt Technology Group, LLC. Cindy Robbins, Assistant City Administrator and City Clerk, stated this contract would be an amendment to the current contract with Pitt Technologies. Robbins gave an overview of the services that Pitt currently offers to the City. Robbins stated that the current contract with Pitt allows for 24 hours of service for $1800 per month, and the amendment to the contract would allow for 60 hours of service for $4500 per month. Council held discussion. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed. Mayor Pro-Tem called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-111 with Orf seconding all Council Members voting aye.

Resolution #2021-112

Approving Certain Mayoral Appointments to the Planning and Zoning Commission. Tyson stated that the Commissioners Sarah Bader and Robert Wilson’s terms would expire soon and have been nominated for reappointment by Mayor Steele. Their new term would expire in November 2025. Tyson stated that both Bader and Wilson had accepted their reappointment. Mayor Pro-Tem Giddens opened the public hearing for comments, with no comments made the public hearing was closed. Mayor Pro-Tem Giddens called for a motion to approve the resolution. Graham made a motion to approve Resolution #2021-112 with Hoogstraet seconding and all Council Members voting aye.

Discussion Items:

Unfinished Business Items – 2022 Budget Draft and Final Disucssion

Evans stated that this is the final draft of the budget. Evans presented information on the steps to becoming a noncontributory status entity by LAGERS. Evans suggested meeting the requirements of LAGERS and adopting the resolution so the benefit could start January 1st, 2022 would require a special meeting in the last week of December or push the start date of the benefit to February 1st, 2022. Council and staff discussed a date for a special meeting. Evans would provide the required supplemental validation for public inspection for 45 days prior to the special December meeting. Next, Evans gave an overview of changes made to the budget in the General Fund. Liles discussed the Capital Improvement Project (CIP) for a bathroom for the dog park. Council held discussion. Next, Evans gave an overview of the changes made to the Special Revenue Fund and Enterprise Funds. Changes discussed to the budget can be viewed at City Hall in the 2022 Capital Budget Presentation. Council held an additional discussion on a bathroom for the dog park.

Mayor and Council Member Reports:

Giddens stated that the Hero Run that was held on November 6th was great. Giddens said there was a very large turnout and congratulated Peterson on finishing the race. Giddens stated that he would be at Schuhbox Bakery and Espresso Thursday, November 11th 8:30-10:30 a.m.

Graham stated the Veterans Day Ceremony would be at the XCenter Saturday at 9 a.m.

Crouse presented information on an Art Show at the XCenter that will be Friday. This art show is in partnership with CC Links. Crouse also said that Wednesday, November 17th at 11:30 a.m. would be the ribbon cutting for the Dog Park.

Liles reminded Council that City Offices would be closed Thursday for Veterans Day. Liles also stated that a date had been selected for the Mayor’s Tree Lighting, which is December 3rd at 6 p.m. The L.E.A.D event, Cocoa with the Community, will be held in conjunction with the Mayor’s Tree Lighting.

Graham asked if there would be a craft show this year at the Jr. High. Hoogstraet responded that this event would be on December 4th at the XCenter.

Executive Session:

Peterson made a motion to move to executive session pursuant to RSMo 610.021 (3) & (13) to discuss personnel with Lucas seconding and Peterson, Graham, Hoogstraet, Lucas, Orf, and Giddens voting aye on roll call.

The City Council meeting adjourned at the close of the executive session.

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

Nixa City Hall November 22, 2021 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 on the Consent Agenda. Giddens made a motion to accept the Consent Agenda as presented, items a through b, with Orf seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call vote.

Service Award:

Mayor Steele recognized Travis Carr for his 10 years of service. Carr was not in attendance. Garrett Tyson, Planning and Zoning Director, stated Carr is the G.I.S. Technician for the City and is one of the underestimated employees of the City. Tyson said that Carr doesn’t make maps but is a database manager for our maps. Tyson stated he is happy Carr is with us.

Proclamation:

Mayor Steele read a proclamation declaring November 27th as Small Business Saturday.

Visitors:

None.

Presentation:

Andrea Sitzes, Show Me Christian County (S.M.C.C.) President and C.E.O., started off her presentation by thanking Council for all their support for her during her time with S.M.C.C. Sitzes next gave an update on Project Eli, which has now been named the 14 Mill Market. Sitzes provided a brief update on Project Spin. Sitzes stated that Anna Evans will continue the work S.M.C.C. has been doing with S.M.C.O.G. Next, Sitzes discussed the “Inspire Christian County” strategic plan process that will be taking place on January 5th at the Bridge Church in Nixa. Sitzes discussed her new role she is stepping into with Arvest Bank. Finally, Sitzes discussed the wins that S.M.C.C. has had with the City of Nixa and Christian County.

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

Council Bill #2021-115

Adopting the 2022 Operating and Capital Budget for the City. Jennifer Evans, Finance Director, stated that this was the final draft of the budget. Evans said there was one (1) revision to the budget, which was an addition of a $5,000 sponsorship line to cover the fee waiver ordinance. This would allow for the Council to sponsor an event instead of waiving the fees. Mayor Steel opened the public hearing for comments, with no comments made, the public hearing was closed.

Council Bill #2021-116

Amending the 2021 Annual Budget to Appropriate American Rescue Plan Act Funding for the Use of Community Nonprofits. Jimmy Liles, City Administrator, stated that during the Council retreat and budgeting process, Council had given direction to appropriate $40,000 of the ARPA funds to nonprofits. Liles stated that staff would like to proceed with allocating those funds this year instead of waiting until 2022 to allow the nonprofits time to get their process started. Liles recommended that $10,000 of the $40,000 be given directly to the Nixa Community Foundation for administering the funds. Liles said the City could dictate how the money was used via a contract between the two (2) organizations. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed.

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

Council Bill #2021-087

Establishing a Charter Review Commission to Review the City’s Charter and Recommend Any Proposed Amendments Thereto. Liles stated that this bill was first (1st) presented in August and tabled until November 1st. Liles stated that the Charter Review Commission would be responsible for looking at the Charter to see if any amendments would need to be made. Liles said that currently, staff does not recommend approval of this ordinance to give staff time to look at the process for how the committee members are selected. Liles stated that if the ordinance was not approved, it would allow staff to come up with a process for citizens to apply to volunteer for this commission. Council held discussion. 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 ordinance. Due to lack of a motion, the Council Bill died.

Council Bill #2021-111

Amending the Provisions of the Boone Property Planned Unit Development to Allow a Twenty-Five Foot Front Yard Setback for Lot 16 of the Kelby Creek Phase 6 Subdivision. Tyson gave a brief overview of the Planned Unit Development (P.U.D.), also known as Kelby Creek Subdivision. Tyson stated that the property owner for Lot 16 in Phase 6 has applied to amend the front yard setback from 35 feet to 25 feet. A 25-foot setback is the standard setback for the City of Nixa. Tyson stated that changing the setback of a property usually wouldn’t be possible except for in a P.U.D. subdivision. Council asked if there was a way to be proactive to change the other lots in that section of the P.U.D. to a 25-foot setback. Tyson discussed the options that would be available to Council for making those changes based on City policies. 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 ordinance. Giddens made a motion to approve Council Bill #2021-111 with Peterson seconding and Peterson, Graham, Hoogstraet, Lucas, Orf, and Giddens voting aye on roll call.

Council Bill #2021-112

Renewing the Base Lease Agreement for Real Estate and Existing Facilities with the Bank of New York Mellon Trust Company, N.A. for Refunding Certificates of Participation Series 2013. Evans stated that this ordinance is an annual ordinance to renew the lease for the Northwest Sewer Lift Station. The principal and interest payment for this lease included in the 2022 budget is $124,875. 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 ordinance. Hoogstraet made a motion to approve Council Bill #2021-112 with Orf seconding and Graham, Hoogstraet, Lucas, Orf, Giddens, and Peterson voting aye on roll call.

Council Bill #2021-113

Renewing the Lease for Facilities Financed Through the Public Building Corporation of Nixa, Missouri. Evans stated this is another annual ordinance to renew the financing on the City Hall and Police Department Facilities lease. The principal and interest payment included in the 2022 budget is $248,300. 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 ordinance. Peterson made a motion to approve Council Bill #2021-113 with Hoogstraet seconding and Hoogstraet, Lucas, Orf, Giddens, Peterson, and Graham voting aye on roll call.

Council Bill #2021-114

Amending Chapter 2 of the Nixa City Code by Adding Thereto a New Section Providing for the Waiver of User Fees by Resolution. Nick Woodman, City Attorney, stated the first (1st) reading for this ordinance was at the November 8th Council Meeting. Woodman provided a recap of the Council Bill and what the process to waive fees with this new ordinance would be. Mayor Steele said, as stated earlier by Evans, he had requested to have a sponsorship line added to the budget to allow the City to sponsor an event instead of waiving the fees. 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 ordinance. Giddens made a motion to approve Council Bill #2021-114 with Graham seconding and Lucas, Orf, Giddens, Peterson, Graham, and Hoogstraet voting aye on roll call.

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

Resolution #2021-113

Declaring the Results of the November 2, 2021, Special Election. Cindy Robbins, Assistant City Administrator and City Clerk, stated Kay Brown, Christian County Clerk, had certified the election results on November 5th. The final counts were 808 Yes Votes and 2,458 No Votes. Robbins stated that in accordance with the Home Rule Charter, Section 10.7 Results of Election if a majority of the qualified electors voting at a recall election shall vote against the proposition to remove an official, the official shall remain in office. Due to the No Votes having the majority, the Mayor would keep his office. Robbins stated that staff recommends approval of the resolution. 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. Graham made a motion to approve Resolution #2021-113 with Giddens seconding and all Council Members voting aye.

Resolution #2021-114

Amending the City’s Personnel Handbook by Modifying the Policies Related to Standby, Callout and Callback, and Vacation. Amanda Hunsucker, Human Resource Director, gave an overview of the callout/callback/standby portion of the City Personnel Handbook. Hunsucker said the change made to this section is the wording to make it more easily understandable for the employees. Next, Hunsucker gave an overview of the changes to the vacation portion of the City Personnel Handbook. Hunsucker said that the changes to this section would apply for newly hired Directors or appointed staff. The change would allow for these positions to have three (3) weeks of vacation on day one (1) of employment, and at their anniversary date, vacation would accrue at their normal three (3) week rate. Mayor Steele opened the public hearing.

Linda Thaut, 77 Stoneybrook Lane Clever, MO, questioned what would happen if the employee was hired, took a vacation, and then quit. Thaut asked if the employee would be paid out for any unused vacation time.

Hunsucker responded that the Personnel Handbook states that if the employee gives a two (2) week notice, the employee would be paid out for their sick and vacation time. Council held discussion. Mayor Steeled closed the public hearing. Mayor Steele called for a motion to approve the resolution. Lucas made a motion to approve Resolution #2021-114 with Giddens seconding and all Council Members voting aye.

Resolution #2021-115

Authorizing the City Administrator to Apply for and Accept a T-Mobile Hometown Grant to Fund the Replacement of the Rotary Park Pavilion. Matt Crouse, Parks Director, stated that during the 2022 budget process, funds were made available to replace the Rotary Park Pavilion. Crouse said that after the budget discussion, this grant was discovered, and he would be applying for $30,000 to go towards that replacement of the pavilion. Council asked questions regarding if there would be requirements to rename the pavilion. Crouse answered that there were not any renaming requirements in the grant. Crouse did state there would need to be five (5) letters of support that would need to be turned in as a part of the grant. 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. Peterson made a motion to approve Resolution #2021-115 with Orf seconding and all Council Members voting aye.

Resolution #2021-116

Authorizing the City Administrator to Execute an Agreement with the Missouri Department of Social Services to Allow the City to Participate in the Low-Income Household Water Assistance Program. Evans stated that currently, the City participates in the low-income assistance electric program, and the Federal Government just rolled out a low-income assistance program for water. The assistance provided for electric would be a one (1) time $750 max payout for a family that could be spread over the year. Evans said that O.C.A.C administers this program. Council asked if citizens would apply through O.C.A.C. for the assistance, to which Evans responded yes. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed. Mayor Steele asked for a motion to approve the resolution. Hoogstraet made a motion to approve Resolution #2021-116 with Graham seconding and all Council Members voting aye.

Resolution #2021-117

Authorizing the City Administrator to Execute Several Agreements Related to Sharing the Cost of the Truman Boulevard Public Improvement Project. Travis Cossey, Assistant Public Works Director, stated this resolution that would authorize the City to accept funds from two (2) different property owners that will be affected by the Truman Boulevard Public Improvement Project. Cossey said that by accepting these funds, the City’s contribution would drop from 20% to 10% of the project costs. Cossey stated that if Council approves the resolution, the City would be accepting $104,031.53 from Stu Stinger and $150,000.00 from Darrell Henley. 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. Peterson made a motion to approve Resolution #2021-117 with Giddens seconding and all Council Members voting aye.

Mayor and Council Member Reports:

Mayor Steele asked if 55 new single-family building permits was correct in the building permit report. Tyson responded yes that it was a very busy time for single-family home construction

Crouse reminded Council that the Mayor’s Tree Lighting would take place December 3rd at 6 p.m. at the XCenter. Crouse also stated the Christmas parade would be December 5th 2 p.m.

Robbins added that the Mayor’s Tree Lighting would also have a L.E.A.D. Event in conjunction called Cocoa with the Community.

Peterson stated that November 23rd was the community Thanksgiving service at Nixa First Assembly at 7 p.m.

Graham asked about the Craft Fair held at the Jr. High School. Hoogstraet stated it would be December 4th.

Executive Session:

Peterson made a motion to move to executive session pursuant to RSMo 610.021 (3) & (13) to discuss personnel with Orf seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas voting aye on roll call. The City Council meeting adjourned at the close of the executive session.