Nevada's group home regulations need updating

Nevada Daily Mail

The city of Nevada is going to have look at updating its regulations of group homes in areas zoned for single family residential homes, City Attorney William McCaffree told the Nevada City Council during its meeting Tuesday night.

McCaffree told the council the city's current regulation is based on the density of group homes in the community and six or seven federal district court cases has brought that form of regulation into question as "a way to exclude the disabled from a community."

"The Department of Justice and Housing and Urban Development are taking a very aggressive stand on this and are reading municipal ordinances online," he told the council, adding that the city had received a letter from the DOJ about this.

McCaffree said that his recommendation is for the city to remove that sentence in the zoning regulations that refers to the density.

He told the council under the city charter the planning commission will have to hold a hearing and then send a recommendation to the city council.

McCaffree said he should have something back to the council in the next two or three council meetings.

"This should take us off the DOJ's radar screen," he said, adding that will give the city time to look at what other municipalities do to comply and come with a solution for here.

In other business the council:

* Voted 4-0, with Blake Hertzberg abstaining, to approve the appointment of Amy Hertzberg to the library board to complete the term of Gerald McBeth, which expires June 30, 2016.

* Voted 5-0, to re-appoint Tom Bunton to the library board. His third term expires June 30, 2018.

* Voted 5-0, to re-appoint Kathy Leimkheuler to a second term on the library board. Her term expires June 30, 2018.

* Voted 5-0, re-appoint Sarah Swearingen to her second term on the library board. Her term expires June 30, 2018.

* Voted 5-0, to re --appoint Allison Osburn to her first term on the park board. Her term expires June 30, 2018.

* Voted 5-0, to accept the $7,345 worst case bid from Douglas Pump to rebuild the No 1 blower for the east aeration basin with new bearings and seals. Gary Johnson, Aliance Water Resources told the council they found metal flakes in the oil of the from a bearing during a semi-annual inspection, which indicates there is potentially a problem. He said a new replacement blower would cost $21,508.

Voted 5-0, to approve the bid of $14,643.25, including freight, for 30 UV lamps and system components for the effluent disinfectant unit at the city's wastewater treatment plant.

* Voted 5-0, to pass on first reading a special ordinance approving a cooperative agreement with the Missouri Department of Natural Resources for 2015 Playground Scrap Tire Surface Material Grant accepting a $5,925 grant to cover the entire cost of the material and installation for the requested pour-in-place safety material to be installed around the Pulse interactive equipment at Walton. The parks facility maintenance staff will pour a concrete pad as the base.

* Voted 5-0, to adopt Resolution No. 1430 approving a temporary liquor by the drink permit for 7C's Winery LLC located in Walnut Grove. 7C's will be participating in a fundraiser at 428 E. Highland from 5 p.m., to 10 p.m., on Friday July 24.

* Voted 5-0, to pass on second reading a special ordinance accepting the dedication of a water line extension that was needed to properly serve the new Holiday Inn Express located off Johnson Drive.

* Voted 5-0, to give final approval to a special ordinance authorizing change order No. 1 to the city's agreement with Rosetta Construction LLC, of Springfield. The changes include a different brand of pumps as suggested by the city, a thicker walled pipe in parts of the project as suggested by the contractor and the inclusion of a permit from the Corps of Engineers. The changes, which have been approved by the Missouri DNR and will result in a net increase of $45,424.55 to the construction agreement.

* Voted 4-1, with Jayne Novak voting no because there was no representative from Nevada Little League Football present to answer questions, to pass on second reading a special ordinance approving an agreement with the NLLF to enlarge the football field at Twin Lakes Sports Complex.

* Voted 5-0, to pass on second reading a special ordinance approving a utility easement at Atlantic Estates.

* Voted 5-0, to pass on second reading a special ordinance approving a contract for additional policing at Fairground Estates and Chapman Estates. The total cost for the 2-15 fiscal year is not exceed $35,000.