Springfield City Council Meeting December 10, 2018

City Council Meeting: City Council meets every other Monday at 6:30 pm in Historic City Hall, Springfield MO.

Posted by City of Springfield, MO – Connect with SGF on Monday, December 10, 2018

The Springfield City Council meeting for December 10, 2018 is called to order at 6:30 p.m. by Mayor Ken McClure.

1.
ROLL CALL.

All Council members in attendance.

2.
APPROVAL OF MINUTES. November 19, 2018 City Council Meeting, And November 27, 2018 And December 4, 2018 Special City Council Meetings.
Documents:

  1. 11-19-2018.PDF
  2. 11-27-18 SPECIAL CITY COUNCIL MEETING.PDF
  3. 12-04-18 SPECIAL CITY COUNCIL MEETING.PDF

Approved as submitted.

3.
FINALIZATION AND APPROVAL OF CONSENT AGENDAS. CITIZENS WISHING TO SPEAK TO OR REMOVE ITEMS FROM THE CONSENT AGENDAS MUST DO SO AT THIS TIME.

Council Bill 2018-286 removed from the Consent Agenda.

Passed unanimously.

4.  Ceremonial Matters.

Swear-In Kristin Carter to the Board of Public Utilities.

Sworn in with no object.

“We are delighted to have Ms. Carter join the board of City Utilities,” Mayor McClure said.

5.  Council Bill 2018-287. (McClure)
A resolution recognizing James “Jim” Webb for his thirty years of dedicated service as an employee of the City of Springfield.

2018-287.PDF

Sarah Kerner, Economic Development Director, praised Webb for his efforts and spoke about how he is key to the department and makes work better for everyone else in the department.

Bill passes 9-0.

Mr. Webb thanked the city for their recognition.  

He received a standing ovation from those in attendance.

6.  Council Bill 2018-288. (City Council)
A resolution honoring Paul L. Redfearn Jr. for his incredible service to the City of Springfield, the State of Missouri, and the United States of America.

2018-288.PDF

“Mr. Redfearn epitomized the meaning of servant leadership,” Mayor McClure said.

Bill passes 9-0.

7.  CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETINGS.

City Manager Jason Gage thanked the Council for the ability to restructure his office and congratulated Collin Quigley on his promotion.

He thanked Springfield Police, Fire and Public Works for their efforts on the Christmas parade.

He said the family justice center had over 80 clients in the month of November and that the police department has done a great job working with the center.

Formal dedication of the Busch Municipal Building 4th floor conference room after former Council member Denny Whayne will take place December 20th at 3:30 p.m.

8.  SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On.
9.  Council Bill 2018-278. (McClure)

A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 1, ‘Intent, Purpose, and General Provisions,’ Section 36-303, ‘General Provisions;’ subsection (34) ‘Economic and housing access calamity’ to modify requirements for shelters subject to City Council’s declaration of an economic and housing access calamity. (Both Planning and Zoning Commission and Staff recommend approval.)

2018-278.PDF

Bill passes 9-0

10.  Council Bill 2018-280. (Hosmer)
A special ordinance authorizing the City Manager, or his designee, to enter into an Intergovernmental Agreement with Greene County for the purpose of continuing to operate and improve the countywide Enhanced 9-1-1 Emergency Telephone Service.

2018-280.PDF

Bill passes 9-0.

11.  Council Bill 2018-281. (Prater)
A special ordinance approving the plans and specifications for certain stormwater improvements located along Prince Lane, generally referred to as Plan No. 2016PW0054W; accepting the bid of Hamilton & Dad, Inc., in the amount of $169,389.63, for the project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.

2018-281.PDF

Bill passes 9-0.

12.  Council Bill 2018-282. (Simpson)
A special ordinance authorizing the City Manager, or his designee, to enter into a Surface Transportation Program Agreement with the Missouri Highways and Transportation Commission; and amending the Fiscal Year 2018-2019 budget for the Department of Public Works in the amount of $4,944,800.00 to appropriate certain grant funding for the purpose of funding the Republic Road Phase 4 and Phase 5 projects.

2018-282.PDF

Bill passes 9-0.

13.  Council Bill 2018-283. (Schilling)
A general ordinance amending the Springfield City Code, Chapter 2, Article III, Division 1, Section 2-91, known as the ‘Merit System Rules and Regulations,’ by amending Merit Rule 26, ‘Substance Abuse Policy,’ for the purpose of complying with Department of Transportation regulations. (The Merit Rule amendment has Personnel Board approval.)

2018-283.PDF

Bill passes 9-0.

14.  Council Bill 2018-284. (Ferguson)
A general ordinance amending the Springfield City Code, Chapter 2, Section 2-92, known as the Salary Ordinance, relating to the salary rate and pay grade for job titles in the Finance Department and at the Art Museum, as contained in the Professional, Administrative and Technical (PAT) Salary Schedule, by adding two new job titles; and by adopting an Employment Agreement by and between the City and Anita J. Cotter, effective December 10, 2018, and authorizing payment of salary and benefits to Anita J. Cotter as the City Clerk in accordance with the provisions set forth therein.

2018-284.PDF

Bill passes 9-0.

15.  Council Bill 2018-285. (McClure)
A general ordinance suspending enforcement of the Zoning Ordinance prohibition against Short-Term Rentals as an unpermitted use for a period of One Hundred Twenty days from the date of the passage of this Ordinance or until City Council adopts an ordinance regulating Short-Term Rentals, whichever comes first, so as to allow additional time for input and review of proposed regulations of Short-Term Stay Rentals.

2018-285.PDF

Bill passes 8-1, Hosmer voting no.

15.5.  Council Bill 2018-286. (Ollis)
A general ordinance amending Chapter 120, ‘Wastewater Regulations,’ of the Springfield City Code for the purpose of complying with federal mandates concerning industrial pre-treatment standards and to provide for other revisions mandated by the Clean Water Act and the Missouri Department of Natural Resources. (Environmental Services recommends approval).

2018-286.PDF

Councilman Schilling said that “he didn’t understand what it all meant” and whether changes in the language “improves things.”

City Manager Gage said the bill is to make sure the city is in compliance with the Clean Water Act and all federal and state regulations.  

Councilman Schilling wanted to know if this deals with federal regulations and if they have been strengthened or loosened.

City Manager Gage says he does not believe they have been changed recently but this is just to make sure the city’s in line with federal laws.

Councilman Schilling said he’s been told that laws could be changed to states versus federal and that it’s important to stay on top of treatment of wastewater.

Bill passes 9-0.

16.  RESOLUTIONS. Citizens May Speak. May Be Voted On.
17.  Council Bill 2018-289. (Ollis)

A resolution amending the Economic Development Incentives Policy Manual by incorporating provisions related to the Workable Program into the City’s policy regarding real property tax abatement and by adjusting the eligibility criteria for Industrial Development Bonds to be the same for new and existing businesses. (Staff recommends approval.)

2018-289.PDF

Sarah Kerner presented to the Council.

Adding Workable Program requirements to the Chapter 99 policy.

Amending Chapter 100 policy.

Councilman Ollis said that the first Workable Program proposal tonight but that there was a provision that they would work with the taxing jurisdictions.  Ms. Kerner said it was two years and we were one year in.

Councilman Hosmer asked how it was determined how jobs are retained.  Ms. Kerner said employers have to verify they have 100 or more employees to maintain the agreement.

He asked on the $5 million dollar level.  Ms. Kerner said it was in place when she took the job and it’s the level where issuance of bonds makes financial sense.  

Councilwoman Ferguson asked if it was and either/or or an and situation for established employers.

Councilman Hosmer asked why if the goal is to even it out between new and old businesses why new employers have an “or” when established have “and”.  Ms. Kerner said it’s the Council’s policy.

Ms. Kerner said new businesses are being treated better and that’s why she’s proposing a change.

Bill Passes 9-0.


18.  EMERGENCY BILLS.
19.  PUBLIC IMPROVEMENTS.
20.  GRANTS. Citizens May Speak. May Be Voted On.
21.  Council Bill 2018-290. (Fisk)

A resolution authorizing the City Manager, or his designee, to apply to the Ozark Transportation Organization for federal grant funding for the purpose of funding the construction of certain sidewalks and trails within the City.

2018-290.PDF

This is just the application for the grant, if the grant is obtained it would come back to City Council for bids.

Councilman Ollis asked when the Council would know if the grant is approved.  Response was early January because the deadline is December 14.  

Councilwoman Ferguson said on the Galloway Trail part of the proposal she wanted to know if there was construction damage if the city is able to be reimbursed by construction damage.  Response was that the contractor did patching to the trail similar to what is done a street, but the trail itself is “beyond its useful life” and needs significant repair.

Councilman Prater said that’s where people who use the trail have to leave the trail and run on the streets because the trail has sunk and become muddy and impassable at times.

Mary Kromrey spoke on the issue.  She is the executive director of Ozark Greenways.

She said that the organization and their members support the grant because the proposal fulfills the current comprehensive plan and the Ozark Regional Transportation regional trail plan.

Councilman Simpson thanked her for her work with the Greenways.  He said there have been reports of people parking on the trail and that short terms steps are taken to stop that.  He asked what can be done long term after reconstruction to stop parking on the trail.

Staff said that this grant does not include action to address that but they are working to make initial steps to stop it.  They are exploring long term options for the area.

Councilman Schilling said that there was a similar problem with parking in another area and moved large boulders into the area to stop parking.

Councilman Simpson commented it’s a great grant application and addresses necessary gaps in the trail.

Bill passes 9-0.

24.  Council Bill 2018-291. (Simpson)
A general ordinance amending Section 1-9 of the Springfield City Code, ‘City Limits,’ by annexing approximately thirteen acres of property into the City of Springfield, Missouri, said property being generally located at 3192, 3194, and 3196 East Farm Road 188, being generally referenced as Annexation A-5-18; and amending the Springfield City Code, Chapter 46, Section 46-1, ‘Boundaries of wards, precincts and council zones,’ by adding this property to the ward and precinct assigned by the County Clerk. (By: One Eighty-Eight, LLC; 3192, 3194, and 3196 East Farm Road 188; Annexation A-5-18.)

2018-291.PDF

25.  Council Bill 2018-292. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 13 acres of property generally located at 3192, 3194, and 3196 East Farm Road 188 from County C-2, General Commercial District and County A-1, Agricultural District, to GR, General Retail District; and establishing Conditional Overlay District No. 159. (Staff and Planning and Zoning Commission both recommend approval.) (By: One Eighty-Eight, LLC; 3192, 3194, and 3196 East Farm Road 188; Z-27-2018 w/Conditional Overlay District No. 159.)

2018-292.PDF

Bills read together at request of Mayor McClure.

Mary Lilly Smith, Director of Planning & Development, addressed council.  Takes the city’s border to the edge of Christian County.  The city can provide services within a “reasonable amount of time.”

Found to be consistent with comprehensive plan and Urban Service Area philosophy.  Police and fire said there are no operational issues.

Property will initially house a dental office but it will also allow for high intensity retail office or housing on the north and low density housing on the south.

Staff recommends approval.

Jared Davis addressed the Council on the bill if the Council had questions but there were no questions.

Vote on January 14.

26.  Council Bill 2018-293. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 2.87 acres of property generally located on the south-side of the 4200 block of West Kearney Street, from LB, Limited Business District to GM, General Manufacturing District; and adopting an updated ‘Official Zoning Map.’ (Staff and Planning and Zoning Commission recommend approval.) (By: ARMA Development LLC; 4200 Block West Kearney Street, south-side; Z-26-2018.)

2018-293.PDF

Mary Lilly Smith said it was rezoned to limited business 17 years ago but never developed and is asking to be changed back to General Manufacturing.

Vote on January 14.

27. Council Bill 2018-294. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 5.05 acres of property generally located within the 2700 block of South Jefferson Avenue from LB, Limited Business District and O-1, Office District with Conditional Overlay District No. 26 to R-LD, Low-Density Multi-family Residential District; and establishing Conditional Overlay District No.160. (Staff and Planning and Zoning Commission both recommend approval.) (By: Empire Mortgage Company Inc.; Z-28-2018 w/Conditional Overlay District No. 160.)

2018-294.PDF

Representative from the developer was present but council had no questions.

Vote on January 14.

28.  Council Bill 2018-295. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 1 acre of property generally located at 1900 West Kearney Street and 2344 and 2332 North Elizabeth Avenue from HC, Highway Commercial and R-SF, Single Family Residential to HC, Highway Commercial District; and establishing Conditional Overlay District No. 161. (Staff and Planning and Zoning Commission both recommend approval.) (By: Joe Montgomery; 1900 West Kearney Street and 2344, 2332 North Elizabeth Ave.; Z-29-2018 Conditional Overlay No. 161.)

2018-295.PDF

This is the Kearney Street Redevelopment Area.

Kayla Mae addresses Council.

She opposes the re-zoning.  She said that North Elizabeth is a residential road and a park is along the road.  She said additional retail would cause more traffic that would make it a danger for the children in the area.

She said there are “much better uses for the land.”

Councilwoman Ferguson asked again for the woman’s address.  Councilwoman Ferguson asked if the woman knew the entrance was only on Kearney.  She suggested Ms. Mae talk to neighbors who attended the meeting with developers about her concerns.

Councilwoman Ferguson said she didn’t know all the details when asked by Ms. Mae.  She said that she believed it’s person with three different businesses that wants to put them in one location.

Rick Wilson addressed Council.

He said what is planned is an office/retail/showroom.  Entrance from Kearney and approved by MODOT.  Parking would face Kearney.  He said the traffic volume is very small.

A derelict building on the property will be removed and donate right-of-ways.

Councilwoman Ferguson asked about employee access.  Mr. Wilson stated the area on the lot where that access would take place.

Vote on January 14.

29.  Council Bill 2018-296. (Hosmer)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article II, ‘Subdivision Regulations,’ Division 2, ‘Subdivision Application Procedure and Approval Process,’ Section 36-226, ‘Major Subdivision Review Procedure,’ subsection (3)(h) ‘Effective Period of Preliminary Approval’ to limit the effective period of a preliminary plat. (Both Planning and Zoning Commission and Staff recommend approval.

2018-296.PDF

Mary Lilly Smith said that this will change the city from allowing unlimited renewals of plats to only one renewal before final submission must take place.

Vote on January 14.

30.  Council Bill 2018-297. (Fisk)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Subdivision Regulations,’ Division 5, ‘Supplemental District Regulations,’ Section 36-452, ‘Temporary Uses’ to allow Automatic Teller Machines as a temporary use in all zoning districts. (Both the Planning and Zoning Commission and Staff recommend approval.)

2018-297.PDF

Vote on January 14.

31.  Council Bill 2018-298. (Prater)
A special ordinance approving a Redevelopment Plan and Blight Report submitted by Say You Can, LLC, for the East Cherry Pocket Neighborhood Redevelopment Area, generally located on 0.51 acres on the north side of the intersection of Cherry Street and South Fremont Avenue (1361 and 1365 East Cherry Street) and declaring said Area to be blighted, and that its redevelopment is necessary for the preservation of public peace, prosperity, health, safety, morals, and welfare. (The Land Clearance for Redevelopment Authority and the Planning and Zoning Commission recommend approval. Staff recommend denial on the basis of blight.)

2018-298.PDF

City staff did not agree the entire area qualifies for blighted status.

The workable program found the plan did cross the 50% threshold, with a 65% total abatement.

The redevelopment does conform to the Springfield-Greene County Redevelopment plan.

Mayor McClure asked if staff opposed it, Ms. Kerner said that the staff likes the redevelopment but doesn’t like the blight proposal, but when cornered by the Mayor said that no, they don’t support it because of the blight ruling.

Councilman Prater asked if the blight designation is opinion and Ms. Kerner said that staff try to keep the decision on blight compared to the statutes.  Ms. Kerner admitted there is some opinion on it.

Councilman Hosmer asked if Planning and Zoning weights in on blight, and Ms. Kerner said no.

Councilman Ollis commented one house looked really bad and asked how it’s determined, if there is some kind of checklist.  He asked about LCRA’s review, LRCA approved blight 4-0.

Councilman Simpson also asked about LCRA.

Marty Holder addressed council.  She commented that she and her husband have worked to maintain their 1880s era home.  She said other homeowners in the area have been maintaining their older homes.

She said that she’s tired of homes being allowed to decline from absent owners in the area and that the area isn’t a poor area of the city.

Councilman Prater said this is his part of the city and encouraged Mrs. Holder to call the city when she sees buildings that are not being kept up and in violation.

Councilman Ollis asked if city staff if the homes are in violation of codes that should be enforced by the city that are not being done.

Staff said that according to the pictures shown the homes would be in violation of city codes.

Councilman Ollis said there is an issue with codes not being enforced and people being forced to live around houses that are not up to code.

Councilman Simpson asked if her concern was the blight designation both the designation and the redevelopment.  Mrs. Holder said there is more than just these homes that are problems in the area such as declining roads.  She said that residents of the area want it to be a neighborhood and that’s why they work hard on the properties to maintain them.

Councilman Ferguson thanked Mrs. Holder.  She noted the city has no requirement a single family home in the city have have running, potable water.  Staff said that homes are required to have sanitary conditions.

Kelly Byrne, representative of the developer.

Councilman Ollis said that in the development they were trying to appeal to “empty nesters”.  The speaker said that is the general plan.  

Councilman Simpson asked about talking to neighbors about concepts for the property to work with the neighborhood.  The speaker said they have met with the neighborhood association and revised plans based on feedback.

Councilman Hosmer asked how long the property owner had the land and when it was occupied.  The speaker replied one home was not occupied, the other home was occupied and leases were not renewed with those living in the home.

Lisa Lewis addressed council.  She said that she was concerned there are only six designated parking spaces for this development but that 12 people could live in those homes.   She said that the developer usually makes student housing, so she believes that’s what they will do with these homes.

She said that she’s found other areas where this developer has worked that cars are parking on the sidewalk.  

She doesn’t deny one home is “an eyesore.”

Laurel Bryant addressed Council.  Rountree Neighborhood Association board member.  She said that the Association is staying neutral at this time because of the negative feedback from neighbors.  She said that blight is an issue for many in the area who do not want to see blight designations impact questions such as repair and improving roads and alleys in the area.

She said that RNA has worked with the developer because it would be great to have homes of this nature in the area.  The redevelopment has been carefully planned and does meet the neighborhood plan.  She said they have to maintain neutrality because of “many opinions.”

Marla Little addressed council.  She said the alley is a large concern for the area because of apartments on either end and a liquor store that generates a lot of vehicle and foot traffic.   

She said she has a new concern that if you own a house for 2.5 years as this developer has done and let them go into blight if a developer should be allowed to do it.

She also said parking was a major concern.  She said that despite the language being used to make it appear community oriented, that it’s really six two-bedroom condos and allow a common area for parties.   She said six parking spots for six condos.

She said she can’t imagine empty nesters moving in at $2000 a month so it’s likely “college kids moving in and sharing.”  She said that means 2-3 cars per condo.  The developer may say there’s parking on the street but there’s very little parking on Cherry Street.  She said there is no room for 18 cars for one small section.

Matt Wine, representative of Kelly Byrne.  He said that his client is working to make the area better.  He doesn’t want to use the “blighted” buildings but make the area better.

He said that part of his plan requires him to improve the alleyway.

Councilman Simpson asked about the pictures being taken in August 2016.  The speaker said yes, that’s when the photos were taken and that nothing substantial has changed.

He said the concern was that the properties were allowed to go into blight and that these photos show how they were at the time of purchase.

Councilwoman Ferguson asked about the parking issue and the speaker said there were only the six parking spaces on site.  She asked about maintaining the alleyway and the speaker said they would have to maintain the property.

Vote on January 14.

FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.

33.  Council Bill 2018-299. (Hosmer)

A general ordinance amending the Springfield City Code Chapter 74 – ‘Nuisance and Housing Code,’ Article II – ‘Enforcement,’ Section 74-34 – ‘Hearing request,’ to authorize City personnel to effect nuisance removal or abatement when a property owner, having requested a nuisance-abatement hearing, fails to appear at such hearing.

2018-299.PDF

He said that they want to waive the 30 day requirement for someone who does not show up for the hearing.

Councilman Ollis asked about someone who is in violation requesting the hearing, not showing and then appealing can continue to drag out the process.

Councilman Schilling wanted to know how often it happens and staff will get back to him on that.

Vote on January 14.

35.  NEW BUSINESS.
The Mayor recommends the following appointments to the Mayor’s Commission on Human Rights and Community Relations: Daniel Ogunyemi and Mary Bozarth with terms to expire October 1, 2021.

The City Manager recommends the following appointment to the Board of Adjustment: Bryan Fisher with his first full term as a regular member to expire January 1, 2024.

Mayor McClure wished everyone a happy holidays.

Motion to adjourn passed 8-1, with Hosmer voting no.

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