Council Bill #2022-051
Amending the 2022 Annual Budget to Appropriate Funds for the Scoping for a Police Department Expansion. Joe Campbell, Police Chief, stated that in the 2020 budget process, money was allocated for an expansion of the police department facilities. Campbell stated that during a recent discussion about the expansion, additional scoping was needed from the architect. Campbell said the original expected amount needed for the budget amendment for the scoping project was $32,000; however, the actual amount is $20,000. Campbell said the reason for the lesser amount is due to $15,300 already being budgeted for this project. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed.
Council Bill #2022-052
Authorizing the City Administrator to Execute Contracts with Southwest Power Pool and Southwestern Power Administration for the Provisions of Electric Transmission Services in the City. Doug Colvin, Assistant City Administrator and Public Works Director, stated this ordinance is for two (2) contracts for the delivery of wholesale power between Southwestern Power Pool (SPP) and Southwestern Power Administration (SWPA). Colvin stated the agreements are a Network Integration Transmission Service Agreement with SPP and a Network Operating Agreement between Nixa, SPP, and SWPA. Colvin stated that the current contracts are set to expire in May. Colvin stated that the contracts being presented would be updating sections of the original agreements; Colvin provided information on the changes. Colvin stated that the expiration date for these contracts would be May of 2030. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed.
Council Bill #2022-053
Amending the 2022 Annual Budget to Reflect Several Adjustments to the Utility Department Funds. Colvin stated that the purchase of the RDE Water and Tuscany Hills systems is what brought on the need for this budget amendment. Colvin said this budget amendment would allow for the appropriate spending authorization for the purchases of both systems that were not originally included in the 2022 budget. Colvin stated that this budget amendment also includes adjustments to the electric department for price increases in supplies. Colvin said the total budget amendment for the electric department would be $285,700 The total budget amendment for the water department would be $4,142,177 Lastly Colvin said the total budget amendment for the sewer department would be $385,107. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed
Council Bill #2022-054
Rezoning the Real Property Generally Located Along the 900 Block of East Mount Vernon Street From the R-1 Residential District to the General Commercial District. Garrett Tyson, Former Planning and Zoning Director, stated the property up for rezoning is less than one acre and located northwest corner of east Mount Vernon and south Shangri-La Court. Tyson stated that municipal utilities are available to support the general commercial district however are not immediately close. Tyson stated that the water would be difficult to get to this property due to many reasons. Tyson said there would be a traffic impact at south Shangri-La because it is mainly a private street, the street being arterial and on a curve. Tyson stated it could be a potentially dangerous contact point. Tyson stated that staff recommends approval; however, the Planning and Zoning Commission met and did not recommend approval. Council asked clarifying questions about previous discussions on this property. Council asked why staff was in favor, but the Planning and Zoning Commission was not in favor. Tyson stated that staff's approval is not a strong recommendation due to land use issues. Mayor Steele opened the public hearing for comments.
Derek Bodendorfer, 255 Shangri-La, provided Council with handouts. Bodendorfer stated this was the third (3rd) time in three (3) years that this property has been up for rezoning. Bodendorfer stated that the subdivision supported the last rezoning change to R-1. Bodendorfer provided a brief background on zoning change proposals for the property in question and discussed the subdivision's covenant restrictions. Bodendorfer stated he understands that it is not the City's responsibility to enforce the subdivision's covenant restrictions. Mayor Steele stated that the Planning and Zoning Commission did not approve the rezone, and neither should Council. Bodendorfer provided another background on potential rezoning attempts and subdivision's restrictions.
Leslie Dye, 201 Shangri-La, stated he agrees with what Bodendorfer told Council. Dye stated that a house could be built on the lot.
Council held a discussion on general commercial on Highway 14 and the potential for general commercial to be dangerous at that location. With no further comments, the public hearing was closed.
Council Bill #2022-055
Rezoning the Real Property Generally Located Along the 400 Block of East Mount Vernon Street from the R-1 Residential District and the Neighborhood Commercial District to the General Commercial District. Tyson stated that this rezone is just over half an acre, and the property is located at the corner of South Market and East Mount Vernon. Tyson stated that municipal utilities are immediately available. Tyson said staff and the Planning and Zoning Commission recommends approval. Council asked if there would be an issue with general commercial being in this area with neighborhood commercial surrounding the property. Tyson responded no and discussed the issues with neighborhood commercial district in that area and the code requirements to operate in a general commercial area. Mayor Steele opened the public hearing for comments.
Jayne Young, 846 E. Meadow Garden Ct., stated this project would be a gathering place for citizens that will bring in small businesses.
With no further comments, the public hearing was closed.
Council Bill #2022-056
Amending Chapter 105 of the Nixa City Code to Add Provisions Related to the Protection and Preservation of Karst Features. Tyson discussed the current building requirements when building on a sinkhole that is shared between property owners. Tyson stated an easement could be acquired around the sinkhole that would only allow for a 1.2-inch increase of stormwater runoff to the sinkhole. Tyson stated that these requirements could be tricky due to neighbors not granting easement access. Tyson said a second (2nd) option would be to allow for excavation within the rim of the sinkhole; however, heavy equipment isn't allowed to do that digging per the current City Code. Tyson stated the potential change to this code section if a property owner couldn't get an easement would allow for a 1-foot rise in the sinkhole's water levels based on the proportion of land owned by neighbors around the sinkhole. Tyson stated there would have to be 1 foot of freeboard in the home as well. Tyson said another change within the Code would be a change in the model storm event. Tyson stated that staff and the Planning and Zoning Commission recommend approval of the Council Bill. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed.
Council Bill #2022-057
Amending the 2022 Annual Budget to Appropriate Funds for Design Services for Parks' Facilities. Matt Crouse, Parks Director, stated that the park's facilities continue to stay the same as the community continues to grow. Crouse stated that there has been a 57% increase in program participation since 2014. Crouse said that the gym and baseball fields experience the biggest strain due to the increase in participation. Couse stated the budget amendment would be in the amount of $40,000. Crouse told Council that the XCenter is 20 years old this year. Mayor Steele opened the public hearing for comments, with no comments made, the public hearing was closed.