City Council meeting

The regular monthly 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, and Amy Hoogstraet. Darlene Graham was absent. The pledge of allegiance was given. Darlene Graham arrived at 7:05 p.m. and joined the meeting in progress. Councilman Justin Orf asked for a moment of silence for fallen services members and the victims of the September 11th, 2001, terrorist attacks in honor of the 20th anniversary. Assistant City Administrator and City Clerk, Cindy Robbins gave a brief background on the L.E.A.D. Nixa (Diversity, Equity & Inclusion Discussion) that will take place on September 22nd, 2021.

Tory Pegram, Nixa Arts Council, presented information to Council on the Sculpture Sharing Program. The Sculpture Sharing Program is a way for cities to display sculptures in public spaces of the Cities choosing with the option to potentially purchase those sculptures. The program is $1000 per year, per sculpture. To participate in the program Council would have to agree to two (2) years upfront. Council asked questions about who would repair the sculpture if it was damaged. Pegram responded that repairs and maintenance would fall the artist. She also stated that each City has the opportunity to write its own contracts with the Sculpture Sharing Program. Council asked if local artists could submit sculptures into the program. Pegram responded that yes, they absolutely can. Karen Perry, 889 W Ash Circle, discussed her involvement with 4Jake and how Council and City have been supportive with every request she has had. She also thanked the City staff and Council for initiating the L.E.A.D. listening session and how important it will be for the community. Ron Sanders, 976 Glen Oaks Dr., discussed the City and the importance of its citizens. He stated that citizens should take priority over everything. Sanders said that the City is worth taking ownership of, and the citizens do love their City. Mayor Steele apologized to Jeff Belcher for their encounter at the last Council Meeting. Jeff Belcher, 203 S. Ellen, discussed some of the topics that he has previously spoken about during Council Meetings. Belcher questioned the mask mandated, voting, and the Mayor’s emergency powers. Council responded that the laws in place are for public spaces, not private homes. Council also discussed how they work in conjunction with other cities to protect citizens, including working with Ozark for the masking mandate. David Nokes, 3648 S. Britain Springfield, MO, stated that he was not a resident of Nixa but rather a Springfield resident. He discussed the L.E.A.D. listening session and its facilitator. Amanda Kassner, 413 Sequoia Dr., stated that the Charter Review Committee was needed. Kassner also discussed the recall and gave her support for the Mayor. She also discussed the L.E.A.D. listening session. Amber Thompson, 304 Scott Wayne, requested to pray for the Council Meeting. Kathryn Berg, 714 N. Delaware, encouraged the Council not to allow the Charter Review Committee. Berg also discussed L.E.A.D. listening session. Barbara Fleming, 907 Yellowstone St., thanked Mayor Steele for the masking mandate. Fleming discussed the November 2nd, 2021, election. Julie Helterbrand, 712 E. Meramec Ln., discussed recall and thanked Mayor Steele for the masking mandate. Helterbrand also discussed the L.E.A.D. listening session. Jack Karnes, 622 N. Maplewood Hills Rd., encouraged citizens to keep the democratic processes. George Baronkovich, 2023 N. Equestrian Ln., discussed masking and masking mandates. Andy Davis, 881 W. Pembrook, discussed the L.E.A.D. listening session and its facilitator. Davis questioned if Council is still receiving updates from hospital CEOs. Council responded that there was a presentation a few weeks ago. Council encouraged citizens to attend the L.E.A.D. listening session. Council also thanked everyone for coming to the meeting and representing the City and themselves. Melissa Belisle, 612 S. Elegant Dr., discussed the L.E.A.D. listening session. Belisle also discussed the direction of the country and vaccines.

Mayor Steele read a proclamation declaring September 17th – September 23rd, 2021, as Constitution Week. Mayor Steele read a proclamation declaring September 20th – September 26th, 2021 as Recycle Week. Mayor Steele also discussed the proclamation that he presented on September 12th, 2021, declaring September 10th – 11th, 2021 as 9/11 Commemoration Weekend.

Garrett Tyson, Planning and Development Director, gave an update on redistricting. Tyson stated that redistricting is required by the City’s Charter every decennial census and must be approved by ordinance and published for public consideration three (3) weeks in advance of the reading. Per the Charter, there must be three (3) districts, and each district should have, as much as possible, an equal population. Tyson also stated that redistricting must be completed prior to the deadline for filing of new candidates, which is December 7th, 2021. Next, he gave information on the seven (7) redistricting criteria. Tyson then discussed the ideal population for each district and how that number is decided. Finally, he discussed the timeline for making the redistricting changes and recommended a subcommittee be formed to allow for transparency in making this decision. Council questioned if new developments will be considered during redistricting. Tyson responded that new developments are considered unknowns, and only what is known can be used as consideration. Council asked questions about forming the subcommittee. Nick Woodman, City Attorney, stated a resolution would need to be approved to form the subcommittee, and a special meeting should be held later this week due to the time constraints. Mayor Steele asked for volunteers from Council to serve on the subcommittee. Councilwoman Hoogstraet, Councilwoman Graham, and Councilman Lucas volunteered. The Special Meeting for the Redistricting Subcommittee Resolution will be September 16th, 2021, at 5:30 p.m. A five (5) minute recess was taken at 8:45 p.m. The meeting was called back to order at 8:54 p.m.

Bill #2021-091

Rezoning the Real Property Generally Located Along the 300 Block of South Nicholas Road from an R-1 District to a M-1 District. Tyson presented information on a rezone of approximately seven (7) acres of land that was recently combined with the property located to its south. Since the approximately seven (7) acres was combined with the other property, it now has access to Nicholas Road as well as City utilities. Tyson also gave information about the property being located within the Oakmont Liftstation Basin. He stated that the Planning and Zoning Commission voted unanimously to approve the rezone, with staff also recommend the approval. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 Glen Oaks Dr., questioned plans for any commercial development in that area to support this commercial rezoning. Council responded that there was already commercial zoning near the property that is being proposed for rezoning. With no further comments, the public hearing was closed.

Bill #2021-087

Establishing a Charter Review Commission to Review the City’s Charter and Recommend any Proposed Amendments Thereto. Doug Colvin, Assistant City Administrator and Public Works Director, discussed the census data and boundary changes. Depending on how long it will take the Home Rule Charter Commission to discuss changes to the Charter and redistricting, which could cause issues with committee members not being in the same district. Colvin presented two (2) options for Council, to approve the Ordinance or postpone untilredistricting has been completed. Council asked if they could reassign committee members. Woodman stated there isn’t currently a Charter Commission, so Council would reconvene a Commission at any time as long as the Commission met the requirements. Council held a brief discussion on postponing the Ordinance and decided to postpone the Charter Review Commission Ordinance until November 8th, 2021. Mayor Steele opened the public hearing for comments. Kent Ward, 201 W. State St., stated that as a citizen who was asked to serve on the Commission, he agrees that Ordinance should be postponed. Ron Sanders, 976 Glen Oaks Dr., stated he agreed the Ordinance should be postponed. He discussed the number of votes needed to trigger a recall and the Charter Commission and the hearings they should hold. Council responded that all events on the website are public meetings. Julie Helterbrand, 712 E. Meramec Ln., stated she understands there needs to be a postponement. She also discussed the numbers needed to trigger a recall. Council stated that no one knows how the Commission will change the Charter. Bethany Morgan, 660 N Rockingham Ave., discussed the Home Rule Charter Commission. She stated that everyone is represented by Council, not just the citizens who voted. Morgan stated that postponement is a good idea until the redistricting is completed. Jeff Belcher, 203 S. Ellen, discussed the numbers needed to trigger a recall, as well as voter turnout. Sandy Karnes, 622 N. Maplewood Hills Rd., discussed the numbers needed to trigger a recall. Andy Davis, 881 W. Pembrook, questioned if the recall procedure done by the recall committee was done according to Charter. Council responded that the committee followed the Charter’s recall procedure. Davis then questioned how long the recall procedure has been in the Charter. Council responded that it has been in the Charter for 10-11 years. Davis then discussed the recall committee following the Charter’s procedures. With no further comments, Mayor Steele closed the public hearing. Mayor Steele called for a motion to postpone the ordinance. Giddens made a motion to postpone Bill #2021-087 until November 8th, 2021, with Hoogstraet seconding with all Council Members voting aye.

Bill #2021-088

Transferring the Nixa Municipal Court to the Associate Division of the Christian County Circuit Court. Robbins discussed the Office of State Court Administrator (O.S.C.A.) review that was done earlier in the year. She stated there were two (2) areas of concern: financial and supervision change recommendations. Robbins also said that if the Municipal Court was moved to County, the City would still receive court fines, but court expenses would be less. Robbins also discussed that the Municipal Court has two (2) current staff members that the City would try to absorb if they chose to apply for open positions. Robbins stated that if Council were to approve the move, the projected stated date for Municipal Court being held in Christina County would be in January 2022. She also discussed that Barb Stillings, Circuit Clerk, has requested the City and the City of Ozark help pay for an additional clerk in her office. Council asked if the City could recommend one of the City’s clerks be hired. Robbins stated it would be up to the County who they hired; however, there are current openings at the County. Council held a brief discussion about the O.S.C.A. review being public. Robbins stated yes, anyone could view it. Council held a brief discussion about the financial savings the City would have if the Municipal Court were to move. They also discussed Senate Bill 5 and the requirements it has on Municipal Courts. Mayor Steele opened the public hearing for comments. Alan Hines, 812 E. Kings Mead Cir., urged Council to keep the judge local. Hines then questioned the checks and balances of the court and a part-time judge supervising two (2) full-time employees. Council responded that the changes that are being required are per O.S.C.A. and have tried several years to met and maintain O.S.C.A.’s requirements as well as changes that might still be becoming. Jeff Belcher, 203 S. Ellen, discussed the changes to the Municipal Court and how the decision regarding the status of the court keeps changing. Ron Sanders, 976 Glen Oaks Dr., discussed the concerns with moving the Municipal Court. He also questioned how/when the Municipal Court would be brought back. Kristy Fairchild, Nixa, discussed the types of cases tried in Municipal Court and that Christian County is also our court. With no further comments, Mayor Steele closed the public hearing. Mayor Steele called for a motion to approve the ordinance. Orf made a motion to approve the ordinance with Giddens seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf voting aye on roll call.

Resolution #2021-091

Authorizing the City Administrator to Apply for and Accept an Officer Safety Equipment and Technology Grant Provided by the Missouri Department of Public Safety. Police Chief, Joe Campbell, presented information on the public safety equipment grant. He stated that this grant is a non-matching grant. The department will be asking for 24 protective helmets and 23 clear non-ballistic shields, which is important equipment to protect officers. Council asked if there were other uses for the equipment being requested in the grant. Campbell answered yes; the equipment could be used in a variety of ways. Mayor Steele opened the public hearing for comments, with no further comments, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Graham made a motion to approve Resolution #2021-091 with Giddens seconding and all Council Members voting aye.

Resolution #2021-092

Designating Linville Construction, LLC., as the Successor Developer Pursuant to Section 115-80 of the Nixa City Code for Certain Improvements Related to the Auburn Heights Subdivision. Tyson discussed the sidewalk that would need to be built in the subdivision, which would then be subsequently destroyed because of the new construction. Tyson stated that this agreement allows for an escrow to be accepted for sidewalks, allowing the homes to be built and then sidewalks constructed. Tyson stated that staff is recommending approval of this resolution. Mayor Steele opened the public hearing for comments, with no further comments, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-092 with Orf seconding and all Council Members voting aye.

Resolution #2021-093

Accepting the Proposal of Commerce Bank for Purchasing Card Services and Authorizing the City Administrator to Execute a Contract for the Same. Finance Director, Jennifer Evans, presented information regarding the proposed contract with Commerce Bank. She stated that a Request for Proposal (R.F.P.) for banking services was completed in July. This R.F.P. allowed for two (2) different banks to be chosen depending on the services they provided. Evans stated that if the resolution is accepted, the contract will begin on October 1st, 2021. Mayor Steele opened the public hearing for comments, with no further comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-093 with Hoogstraet seconding and all Council Members voting aye.

Resolution #2021-094

Accepting the Proposal of Southern Bank for Banking Services and Authorizing the City Administrator to Execute a Contract for the Same. Evans presented information on the proposed contract with Southern Bank for banking service. She stated that this is the second portion of the banking services R.F.P. that was completed in July. She stated that if the resolution is accepted, the contract will begin on October 1st, 2021. Council asked if the reason for choosing the bank had to do with interest rates. Evans stated yes, Southern Bank was offering an interest rate of zero-point one percent (0.1%), and all of the banking services offered were free. Mayor Steele opened the public hearing for comments, with no further comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Peterson made a motion to approve Resolution #2021-094 with Lucas seconding and all Council Members voting aye.

Resolution #2021-095

Authorizing the City Administrator to Execute a Contract Amendment with IonWave Technologies for Contract Management Services. Evans presented information on the contract amendment with IonWave Technologies to add a module that would allow for electronic bidding and vendor registration. She gave information on how the current bid process works and how the bid process would change with the IonWave module. Evans stated that with an amendment to the current contract, which would extend the current contract another five (5) years. Council asked if the IonWave bidding module could have been added to the E.L.P. review. Mayor Steele opened the public hearing for comments, no further comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens made a motion to approve Resolution #2021-095j with Orf seconding and all Council Members voting aye.

Mayor Steele reminded Councilwoman Hoogstraet that her liaison report is scheduled for the next Council Meeting.

Giddens made a motion to adjourn at 10:00 p.m. with Orf seconding and all Council Members voting aye.