City Council Meeting

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.

Mayor Steele read a proclamation proclaiming February 14th - February 20th as Ronald McDonald House Week.

Ron Sanders, 976 Glen Oaks Dr., discussed the growth that has been happening in Nixa. Sanders also discussed the recent ordinances that Council has passed and others that were up for approval soon. Sanders spoke about the proposed energy cost adjustment in the new electric rates.

Council Bill #2022-021

Annexing Approximately 5 Acres of Real Property Generally Located at 617 South Harrison Street; Zoning Said Property to the R-5 Zoning District; and Amending Chapter 2, Article II of the Nixa City Code. Garrett Tyson, Planning and Development Director, stated that this ordinance was to annex 617 S. Harrison. Tyson said this property did not currently have access to any of the City Utilities but had the availability to them and that the current easements would not be affected by the annexation or zoning. Tyson said there were questions if an extension of Harrison Street would be necessary to allow access to this property and that it wouldn't be necessary due to a sinkhole and the expense of developing a street. Tyson said that this property has street access by South Street. Tyson said that the zoning for this property would be R-5 multi-family units, which allows 8.71 units per acre. Tyson stated that each unit would be required to have its own separate ground floor entrance. Tyson told Council that an opaque screen would be required for this property. Council asked if the property owner had given any details about what they would be doing with the property. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 Glen Oaks Dr., asked when the County Integrity Map receives it data from the City. Tyson gave an overview of the City process for getting information to the County. With no further comments, Mayor Steele closed the public hearing. Council held further discussion.

Council Bill #2022-022

Granting Special Use Permit 22-001 to Authorize a Bar, with Restaurant, Use for the Neighborhood Commercial Zoned Property Located at 105 West Sherman Way, Suite 101. Tyson provided information on Special Use Permits and the process to approve those permits. Tyson said that a bar with restaurant is only allowed within the neighborhood commercial district under certain conditions. The current district is more of a commercial district, and the location is appropriate for this special use permit. Tyson stated that staff and Planning and Zoning Commission recommend approval. Council held a discussion about the potential of changing the Special Use Permit requirements. Mayor Steele opened the public hearing for comments, with no comments made the public hearing was closed.

Council Bill #2022-023

Granting Special Use Permit 22-002 to Authorize a Short-Term Residential Rental Use for the Single-Family Zone Property Located at 605 South Bradford Avenue. Tyson stated that this special use permit is for land use, typically in a commercial zone area but happens in a single-family home. Tyson gave an overview of the requirements for a short-term rental and stated that this application met those requirements. Tyson said that staff and the Planning and Zoning commission recommend approval. Council held a discussion about rental properties within the City Limits. Mayor Steele opened the public hearing for comments. Ron Sanders, 976 Glen Oaks Dr., asked if this home was in an established HOA, with staff responding that there was no HOA in the neighborhood. Sanders next asked if this was going to be an Air B-n-B, with staff responding yes it would. With no further comments, Mayor Steele closed the public hearing for comments.

Council Bill #2022-024

Amending the 2022 annual Budget to Appropriate Funds for the Purchase of a Floor Burnisher for the Parks Department. Matt Crouse, Parks Director, stated during the 2022 budget process, the floor burnisher was identified as equipment that needed to be replaced but was inadvertently left out. Crouse said that the equipment is 20 years old and has reached the end of its life. Crouse stated that the budget amendment would be for $7,500. Mayor Steele opened with public hearing for comments, with no comments made the public hearing was closed.

Council Bill #2022-025

Authorizing the Mayor to Execute an Asset Purchase Agreement with Rex Deffenderfer Enterprises, Inc. for the Acquisition of a Certain Water System. Doug Colvin, Assistant City Administrator and Public Works Director, stated that a presentation was given at the October 25th Council Meeting about the possible acquisition of the ROE Water Company and the Tuscany Hills Water and Sewer systems. Colvin stated that an asset purchase agreement (APA) is like a contract to close on a home and would be needed to acquire both systems. Colvin stated that the APA for ROE Water would have a purchase cost of$2,500,000. Colvin said the purchase price includes two (2) wells with a current production capacity of 870 gallons per minute, one (I) 250,000-gallon ground storage tank with booster pumps and well located on two (2) parcels totaling 29,055 square feet, one (I) 47,000-gallon standpipe tower and well located on 7,500 square foot parcel, 28.5 miles of water mains with 72 fire hydrants, and I,072 residential customers, 66 commercial customers and a single 4" mater meter servicing English Village. Next, Colvin discussed the APA for the Tuscany Hills system. Colvin said this APA would have a purchase cost of $500,000. Colvin stated this purchase price includes one (1) well and 60,000-gallon standpipe located on a 10,434 square foot parcel, water line infrastructure with water mains serving 87 residential and three (3) commercial customers, a sand filtration sewer treatment facility located on a 66,092 square foot parcel, and one (I) lift station with sewer mains serving 87 residential customers, three (3) commercial customers, and a church. Colvin stated that both systems would provide a benefit to the City. Colvin said that benefits could include water/sewer service at the future Eoff Park and any development at the north part of Nixa. Colvin told Council that initial discussions with the agencies that have oversight of these systems have been productive. Colvin said budget amendments would be needed for these purchases. Colvin said that staff recommends the approval of both Council Bills #2022-025 and #2022-026. Council held a discussion and asked questions of staff, with staff responding. Mayor Steele opened the public hearing for comments, with no comments made the public hearing was closed.

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Council Bill #2022-026

Authorizing the Mayor to Execute an Asset Purchase Agreement with the Tuscany Hills Regional Sewer District, Inc. for the Acquisition of Certain Sewer and Water Systems. Colvin stated that the information for this bill was presented in the previous bill. Mayor Steele opened the public hearing for comments, with no comments made the public hearing was closed.

Council Bill #2022-012

Amending Chapter 22, Article IV, Section 22-310 of the Nixa City Code to Establish New Rates for Electric Service. Colvin stated that this bill was first read at the previous Council Meeting and would allow for the adoption of new electric rates along with a new energy adjustment formula. Colvin provided to Council an updated spreadsheet with corrected revenue numbers. Colvin discussed the updated spreadsheet and the revenue and expenses that are contained within. Colvin provided information on the sale of powerlines and the revenue from that sale, and other items that allow for a reduction in electric rates. Colvin discussed the current energy being used and purchased for the City and its customers. Colvin stated that there would be a one-point-five percent (1.5%) increases through 2026 to keep up with inflation after the initial lowering of rates this year. Colvin next discussed replacing the Fuel Cost Adjustment (FCA) with the Energy Cost Adjustment (ECA). Colvin said the ECA would be specifically tied to a set price for kilowatt-hours that were used and would be very rigid, only being changed once a year based on actual usage numbers. Colvin stated that staff recommends approval of this ordinance. Council held a discussion and asked questions of staff, with staff responding. Mayor Steele made a recommendation to amend the ordinance to add Section 5 to Section H at line 462. The amendment would be "The ECA would be approved annually by City Council by Resolution." Mayor Steele opened the public hearing for comments. Ron Sanders, 976 Glen Oaks Dr., thanked Council for the amendment to the ordinance. With no further comments, the public hearing was closed. Nick Woodman, City Attorney, read the amended section of the ordinance to Council. Mayor Steele called for a motion to amend Ordinance #2022-012. Orf made a motion to amend Ordinance #2022-012 with Peterson seconding and all Council Members voting aye. Mayor Steele called for a motion to approve the ordinance as amended. Giddens made a motion to approve Ordinance #2022-012 as amended with Graham seconding and Orf, Giddens, Peterson, Graham, Hoogstraet, and Lucas all voting aye on roll call vote.

Council Bill #2022-013

Authorizing the City Administrator to Execute a Contract with the Community Foundation of the Ozarks for the Administration of a Grant Funding Program and Amending the 2022 Budget to Appropriate Funds for Such Contract. Jimmy Liles, City Administrator, stated that this contract would allow $40,000 to be allocated to the Community Foundation of the Ozarks from ARPA funds. Liles said $30,000 would be distributed as part of the grant process, and $10,000 would go directly to the Nixa Community Foundation. Liles stated he had been asked if Houses of Worship would be eligible to apply for these grants, and as long as they are designated a 50 I (c)(3), they would be allowed. Liles stated that the grant process would open on February 15th and that the Foundation would be meeting in March to allocate the funds. Council held a brief 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. Graham made a motion to approve Ordinance #2022-013 with Giddens seconding and Giddens, Peterson, Graham, Hoogstraet, Lucas, and Orf all voting aye on roll call vote.

Resolution #2022-021

Authorizing the City Administrator to Execute a Non-Disclosure Agreement with TFB Engineering, LLC. Colvin stated this agreement is with the Missouri Joint Municipal Electric Utility Corporation (MJMEUC) and would allow for TFB Engineering to have an information exchange with the City that is necessary for developing agreements with MJMEUC to replace agreements previously in place with Gridliance. Colvin said that to protect any confidential or protected information during the exchange, a non-disclosure agreement (NDA) is necessary. Council asked what types of information would be protected under the NDA, with Colvin responding. 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 #2022-021 with Hoogstraet seconding and all Council Members voting aye.

Resolution #2022-022

Authorizing the City Administrator to Execute a Contract with Rumfelt Tree Service for Vegetation Management Services. Colvin stated the Electric Department utilizes tree trimming services, and the previous contract recently expired. Colvin stated the City went out for a Request for Proposal (RFP) with the public for a contract that would be for a three (3) year period with a potential to have two (2) one (I) year extension. Colvin said that there were only two (2) proposals, and the company selected was the old contractor Rumfelt Tree Service. Colvin stated that staff recommends approval of the 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. Hoogstraet made a motion to approve Resolution #2022-022 with Lucas seconding and all Council Members voting aye.

Resolution #2022-023

Authorizing the City Administrator to Execute a Sponsorship Agreement with Land O'Frost. Crouse stated this was an annual agreement that has been done for many . years. Crouse said that the sponsorship is for 73 baseball, softball, t-ball, and soccer teams. Crouse told Council that Land O'Frost would be providing free clinical time for basketball, volleyball, baseball, and softball just as they did last year. 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 #2022-023 with Orf seconding and all Council Members voting aye.

Resolution #2022-024

Repealing Resolution #2022-017 and Authorizing the City Administrator to Execute a New Contract with Decker & DeGood, P.C. Jennifer Evans, Finance Director, stated that at the last meeting, a resolution was passed to contract with Decker & DeGood for auditing services. Evans said that since that resolution was passed, the City was made aware that Decker & DeGood couldn't meet the professional liability insurance ·requirements in the original contract. Evans stated after consulting with the City Attorney, the insurance held by Decker&· DeGood was sufficient to continue the contract. Evans said this resolution was to lower the insurance requirements in the contract. Mayor Steele opened the public hearing for comments : with no comments made the public hearing was closed. Mayor Steele called for 3: motion to approve the resolution. Peterson made a motion to approve Resolution #2022-024 with Hoogstraet seconding and all Council Members voting aye.

Resolution #2022-025

Authorizing the City Administrator to Execute a Contract with Arvest • Bank for Purchasing Card Services. Evans stated that a request for proposal (RFP) for banking services was done in July of 2021, where purchasing card services were awarded to Commerce Bank. Evans said the contract for services sent to Commerce Bank was not acceptable, so staff had to go back to the submitted proposals and determined that Arvest Bank was the next best bidder for purchasing card services. Evans stated that staff recommends approval of the · resolution. Council asked what the issue was with Commerce and the contract, with Evans responding. Mayor Steele opened the public hearing, with no comments made, the public hearing was closed. Mayor Steele called for a motion to approve the resolution. Giddens rnade a motion to approve Resolution #2022-025 with Lucas seconding and all Council Members voting aye.

Resolution #2022-026

Consenting to the Mayor's Appointment of Mark Hartsock to the Board of Adjustment. Tyson stated that the Mayor has nominated Mark Hartsock to fill the vacancy on the Board of Adjustment left by Steve Russell, which expires in May of 2023. Mayor Steele opened the public hearing, 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 #2022-026 with Orf seconding and all Council Members voting aye.

Resolution #2022-027

Authorizing the City Administrator to Execute a Tower Attachment Agreement with Christian County Emergency Services. Colvin stated that this contract would work to improve the radio communications for the Nixa Police Department and the County. Colvin said the tower attachment would be placed on Tower #7 near Summit and High Point Schools. Colvin 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 approving the resolution. Hoogstraet made a motion to approve Resolution #2022-027 with Lucas seconding and all Council Members voting aye.

Resolution #2022-028

Authorizing the City Administrator to Apply for and Accept Grant Funding Provided by the Missouri Department of Transportation for Certain Traffic Safety Programs. Joe Campbell, Chief of Police, stated these are annual grant applications that are a primary funding source for DWI & hazardous moving violations. Campbell said this resolution would also allow for the application of various mini-grants that are program-specific. Campbell stated that these grants would be non-matching. 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 #2022-028 with Graham seconding and all Council Members voting aye.

New Business Item - Southwest Regional/Kelby Creek Lift Station

Colvin stated that in early 2018 the City had worked with Shaffer & Hines to work on a Master Plan to complete a Wastewater Master Plan for the western and southern parts of the community. Colvin said this plan consists of building three (3) large regional lift stations and providing a direction for several smaller developer-installed lift stations that feed into the regional locations. Colvin stated that in the 2022 budget and Capital Improvement Program (CIP) process, a project was presented to design and build the SW Regional Lift Station, replacing the Oakmont Lift Station, which is at capacity limit. Colvin said Council had asked him to complete the design portions of the SW Regional Lift Station and the Kelby Creek Regional Lift Station Expansion and find funding for the construction at a later date. Colvin stated he is asking for direction on how to proceed with the money that has already been allocated. Colvin told Council there should be enough time to complete the design and develop bid documents for the two (2) shovel-ready projects by the 2023 CIP development process. Council held discussions with staff regarding the systems that are already in place and the changes that would take place if the new systems were to be developed. Council gave direction to design both projects and use utility funds to pay for the designs.

Hoogstraet told Council that the Nixa Arts Council would be acquiring sculptures, and there would be an update by the next meeting. Orf said he would be attending the MML Legislative Conference. Orf said if any of Council or staff had any questions about pending legislation to, let him know. Cindy Robbins, Assistant City Administrator, reminded Council the Nixa Chamber Gala would be Friday, February 18th.

Peterson made a motion to enter into executive session pursuant to sections 610.021 (1), (3) & (13) RSMo with Lucas seconding and Peterson, Graham, Hoogstraet, Lucas. Orf and Giddens voting aye on roll call vote. The City Council Meeting adjourned at the close of the executive session.