Springfield City Council Meeting LIVE January 14, 2019

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, January 14, 2019

Council meeting called to order at 6:31 p.m..

All council members are present.

2.
APPROVAL OF MINUTES. December 10, 2018 City Council Meeting, And December 11, 2018 And December 18, 2018 Special City Council Meetings.

Documents:

  1. 12-10-2018.PDF
  2. 12-11-18 SPECIAL CITY COUNCIL MEETING.PDF
  3. 12-18-18 SPECIAL CITY COUNCIL MEETING.PDF

Minutes approved


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.

Consent agenda approved 9-0.


4.
CEREMONIAL MATTERS.

Boy Scout Troop 111 are in attendance working on their citizenship badges. The Mayor had them stand to be honored for their attendance and hard work.


5.
CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETINGS.

City Manager Jason Gage reported to Council about the ending of the 10-year naming agreement with Mediacom for the Ice Park and the Tennis Stadium.

Monthly crime update: Crime down 19% overall compared to 2017 with the biggest reduction crime against property.

Officer Mark Priebe has been chosen to represent Missouri at the world Special Olympics event.

The Fire Department reported installing almost 3,000 smoke alarms in 2018.

Resurface of 141 lane miles of roads by public works in 2018.

Train derailment this morning was updated. All five cars re-railed successfully with no leak of chemicals.

Council Bill 2018-267. (Fisk) It Is Anticipated That This Bill Will Be Tabled To The January 28, 2019 City Council Meeting; However, A Determination Of Whether It Will Be Tabled Will Be Made By City Council At The Meeting.
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 2, ‘Rules of Interpretation and Definitions,’ Section 36-321, ‘Definitions,’ by adding a definition for ‘Short-Term Stay Rentals’; amending Division 4, ‘District Regulations,’ by adding as a permitted use Short-Term Stay Rentals to each district contained therein; amending Division 5, ‘Supplemental District Regulations,’ Section 36-451, ‘Home Occupations’; and adding new section 36-472, ‘Short-Term Rentals,’ establishing rules and regulations for operation and location of Short-Term Stay Rentals; and designating an effective date for said amendments.

Documents:

  1. 2018-267.PDF

Councilman Ollis moves to table the resolution until the January 28th meeting.

The bill is tabled until the January 28th meeting on an 8-1 vote with Councilman Hosmer voting no.

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.)

Documents:

  1. 2018-291.PDF

Bill passes 9-0.

9. 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.)

Documents:

  1. 2018-292.PDF

Bill passes 9-0.

10. 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.)

Documents:

  1. 2018-293.PDF

Bill passes 9-0.

11. 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.)

Documents:

  1. 2018-294.PDF

Bill passes 8-1, Councilman Hosmer voting no.

12. 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.)

Documents:

  1. 2018-295.PDF

Bill passes 9-0

13. 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.)

Documents:

  1. 2018-296.PDF

Bill passes 9-0.

14. 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.)

Documents:

  1. 2018-297.PDF

Bill passes 8-1, Councilman Hosmer voting no.

15. 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.)

Documents:

  1. 2018-298.PDF

Councilman Prater said this is the first plan of this type since the workable plan to provide tax credits for blighted areas. He said it’s one of the first plans put on hold pending the Rountree Neighborhood Plan.

“This part of Cherry Street is in rough shape, it’s perfect for this kind of project.”

We waited for problems to be addressed.

“This is an example of what we need to do to move things forward.”

Prater said if this project is not allowed “we send a message to people who put the capital at risk.” He asked why a developer wouldn’t go to Christian County if there are issues placed in front of developers.

Councilman Hosmer said “what we’re doing is staff recommends that staff does not recommend blight.”

“This is property that has been owned by this developer for the last two and a half years, it was rented shortly before they asked for blight. Rountree Neighborhood is not blighted.”

“What we’re doing is encouraging people to become deteriorated. Once it’s deteriorated, the city rewards them with tax abatement…this makes absolutely no sense.”

“The buyer knew exactly what the condition of these houses were when they bought it.”

“The staff recommends we do not declare it blight, and the report clearly shows it’s not blight, then we should not declare it blight.”

When people in the audience applauded COuncilman Hosmer, the mayor gaveled and told those in attendance not to show any signs of support or opposition for the measure.

Councilman Ollis talked about the scorecard used on the property that showed 65 of 100. He said that means 35% of the taxes goes back to the taxing entities. Those taxes will be paid, but if approved an additional $22,000 taxes goes to the taxing districts and after 10 years, $9,000 additional shape.

He said he lives in the neighborhood and present fire & public health hazards.

“We not enforcing various codes on existing housing stock.”

Councilman Lear said he finds Councilman Prater’s comments and he’s supportive of the project itself. He is uncomfortable using taxpayer dollars just for the two lots.

He cannot support the proposal.

Councilman Schilling asked staff about the scorecard. 41% poverty rate and some would think that’s high for the Rountree area, so he wanted to know the boundary area.

Staff said they could get him the information.

Councilman Schilling said he tends to vote against it.

“Areas where college students tend to live have a high poverty level.”

The Mayor said he drives past it and can’t see a difference between the houses. He cuts off discussion and orders a vote.

Bill passes 6-3, Ferguson, Hosmer and Lear vote no.

16. 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.

Documents:

  1. 2018-299.PDF

Bill passes 9-0.

17. RESOLUTIONS. Citizens May Speak. May Be Voted On.
18. Council Bill 2019-001. (Fisk)
A resolution replacing the Green Building Policy for the City of Springfield, by repealing Resolutions. 9854 and 9573 and adopting a new Green Building Policy.

Documents:

  1. 2019-001.PDF

Olivia Hough presented to Council on behalf of city staff.

“This will bring our green building policy current rather than the 2009 LEED policy.”

“This policy will impact future projects.”

The Mayor said there was a good discussion at the council lunch meeting and working to obtain silver certification.

“At this time, this policy still does address LEED silver and require the certification. We evaluated the additional cost, realizing there is an additional…fee which was minimal, 1-3% per project.”

Public hearing closed. No council comments.

Measure passes 9-0.

23. COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On. Except Item No. 24. Council Bill 2019-002 Was Advertised As A Legal Public Hearing; However, Will Be Read As A One-Reading Bill. Citizens May Speak. May Be Voted On.
24. Council Bill 2019-002. (Prater, Schilling, And Simpson) This Bill Was Advertised As A Legal Public Hearing; However, Will Be Read As A One-Reading Bill. Citizens May Speak. May Be Voted On.

A resolution declaring City Council’s intent to initiate a review and amendment of the Phelps Grove Neighborhood Plan and Phelps Grove Urban Conservation District, and to provide notice of future formal hearings, as provided for in the Land Development Code. (Planning and Development staff recommends approval.)

Documents:

  1. 2019-002.PDF

Established in 1997, amended in 2001. It has not been amended since then.

“To determine changes necessary.”

“Provide notice of formal hearings later when changes are proposed.”

Public notification will take place as required.

Councilman Prater praised staff for the review of the Rountree Plan.

Staff will hold an open house in January and February.

Administrative delay is in the area and it’s hoped a proposal can come forward in March.

Public hearing closed. No Council comments.

Passes as one reading bill, 9-0.

25. Council Bill 2019-003. (Schilling)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 26.03 acres of property generally located at 3315 and 3303 South Campbell Avenue from Planned Development District No. 14, 4th Amendment to Planned Development District No. 367; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommended approval). (By: Wal-Mart Stores Inc. 8721; 3315 & 3303 South Campbell Avenue; Planned Development 367.)

Documents:

  1. 2019-003.PDF

Mary Lilly Smith addresses council.

All the PD does is require a change to parking requirements. It required more parking than in the zoning ordinance. The developer requested the parking be in line with zoning. Planning and zoning and staff agree.

Sunday Bougher, with the architects for WalMart, says this is to add an online shopping area.

Public hearing closed. Vote on January 28.

26. Council Bill 2019-004. (Prater)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 33.33 acres of property generally located at the 2200 block of North Belcrest Avenue from HC, Highway Commercial District and HM, Heavy Manufacturing District, to HM, Heavy Manufacturing District; and establishing Conditional Overlay District No. 163. (Staff and Planning and Zoning Commission both recommend approval.) (By: ICT II, LLC; 2200 blk. N. Belcrest Avenue; Z-31-2018 w/Conditional Overlay District No. 163.)

Documents:

  1. 2019-004.PDF

Mary Lilly Smith addressed Council on the matter.

Says MODOT may require a traffic study but access to Kearney will be limited.

A developer representative was available but council had no questions

Public hearing closed. Vote on January 28.

27. Council Bill 2019-005. (Prater)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.89 acres of property, generally located at 2963 East Division Street, from a GM, General Manufacturing District to IC, Industrial Commercial District. (Staff and Planning and Zoning Commission recommend approval.) (By: Kum & Go, LC; 2963 East Division Street; Z-32-2018.)

Documents:

  1. 2019-005.PDF

Mary Lilly Smith addressed council.

This is to allow an expansion of Kum N Go.

A representative of the company was available for questions but none were asked.

Public hearing closed. Vote on January 28.

28. Council Bill 2019-006. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.45 acres of property generally located at the 2100 block of South Eastgate Avenue from Planned Development District No. 268 to Planned Development District No. 368; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommended approval). (By: Castlebay Real Estate Holdings No. 9 LLC; 2100 block S. Eastgate Avenue; Planned Development No. 368.)

Documents:

  1. 2019-006.PDF

Mary Lilly Smith addresses Council on behalf of staff.

A representative said the location would be “indoor storage that looks like an office building.”

No questions from Council. Public hearing closed. Vote January 28th.

29. Council Bill 2019-007. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 3.58 acres of property, generally located at 2521 South Holland Avenue, from R-SF, Single-Family Residential District to R-LD, Low-Density Multi-Family District; and establishing Conditional Overlay District No. 164. (Staff and Planning and Zoning Commission recommend approval.) (By: Jefferey Ballard; 2521 South Holland Avenue; Z-33-2018 w/Conditional Overlay District No. 164.)

Documents:

  1. 2019-007.PDF

Mary Lilly Smith addressed council.

Councilman Simpson wanted to make sure the road did not go through to Sunset. Smith confirmed this. Councilman Simpson asked about the base flood elevation. Smith said that they would have to provide that to Building Development Services.

Councilman Schilling asked about runoff. Smith said there can be no more runoff in surrounding areas. All runoff would have to be contained on site.

Councilwoman Ferguson said there is real concern about it being a floodplain and putting an 80% impervious surface there.

Staff explained that when you are next to a floodplain, you don’t want detention next to the floodplain.

Councilwoman Ferguson said “it’s a pretty naturalized area right there” and asked how heavy rain would impact it. “Would it wash it out?”

Staff said the runoff from the 3 acres isn’t going to cause any issues.

Councilman Lear asked if the water was running off right into South Creek.

Staff said they would have to do water quality and “there is a slew of measures that we use” to determine it.

Seth Entwisle asked for the area not to be developed. He hikes the area and has been for 20 years. Spoke of wildlife in the area. He said he believes there can be better places to develop.

He mentioned the Vision 20/20 plan that could be best left natural under the tenets placed in Vision 20/20.

He talked about work on South Creek where concrete was removed to return it to a more natural state and this project would lessen the beauty restored to the area.

Asked for a detention basin or some other measure to prevent pollution washing into the creek.

He said the 100 year flood models don’t measure up today. “We don’t want to see these homes floating away 10 years from now.”

Representative of the developer was there but Council had no questions. Vote on January 28.

30. Council Bill 2018-267. SUBSTITUTE NO. 1. (Fisk, Lear, McClure, Ollis, Schilling, Simpson, And Ferguson)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 2, ‘Rules of Interpretation and Definitions,’ Section 36-321, ‘Definitions,’ by adding a definition for ‘Short-Term Stay Rentals’; amending Division 4, ‘District Regulations,’ by adding as a permitted use Short-Term Stay Rentals to each district contained therein; amending Division 5, ‘Supplemental District Regulations,’ Section 36-451, ‘Home Occupations’; and adding new section 36-472, ‘Short-Term Rentals,’ establishing rules and regulations for operation and location of Short-Term Stay Rentals; and designating an effective date for said amendments.

Documents:

  1. 2018-267S1.PDF

Mary Lilly Smith spoke to council.

“Zoning ordinance does not identify this as a permitted use.”

“We want to create a level playing field” between the hotels and residents who want to use AirBnB or similar services.

Definition of family would still apply to a short-term rental unit.

“We don’t want an apartment complex to be a defacto hotel.”

Cannot rent any unit for an event like a party or reception.

Councilwoman Ferguson asked about parking in the backyards of those properties if an alley is there. Smith said they would get an answer for her.

Councilman Hosmer is asking multiple questions of staff regarding confusion in language in the bill. Smith agreed the language is unclear in a passage.

Smith said the city will check on use of a short-term rental if a complaint is received.

Hosmer wants to know if the delay of implementation and allowing enforcement to be delayed regarding limits on property use is rewarding people who have been breaking the law for years.

Smith confirmed that current short-term renters will not be punished but will need to go through the processes the same as any newly approved short-term rental.

William Shoehigh, who represents Expedia, spoke to Council on behalf of his clients, who run short-term rental websites and apps. He said they support the new bill. No questions from council.

John Horner addressed council. He is encouraged by working through the issue to come up with compromises from the original bill that are palatable. He told council he appreciates the emails and texts and calls and personal visits to work through the issue.

Presuming “we will probably wind up with this substitute bill” he would be glad to live with that as it stands.

Barry Rowl spoke to council. He said he’s spoken with council and staff regarding the bill. He has a mix of long-term rentals and single family residences in his area. He said the problem he sees is more with the long-term rentals than anything else.

He said he’s seen a short-term rental across his street where it’s been highly rated and saw no issues. He said a long-term rental with college students in the area have caused problems.

“The short term rental could be a blessing in some regards.”

He feels the replacement bill is better than the original. He thinks this will stop some long-term rental properties by allowing them to be short-term.

Jeff Barber addresses council. He says the revised bill is greatly improved and shows staff and council’s ability to listen and improve the bill. He believes that the bill is interesting because it encourages an owner-occupied aspect.

Public hearing closed. Vote on January 28.

32. Council Bill 2019-008. (Hosmer)
A special ordinance approving the plans and specifications for certain fiber optic interconnection improvements generally located along Battlefield Road and Grant Avenue, generally referred to as Plan No. 2018PW0060T; accepting the bid of Ewing Signal Construction, LLC, in the amount of $92,478.20, for the project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.

Documents:

  1. 2019-008.PDF

Staff said this project would allow to have all the signal devices along Battlefield Road to be part of an encrypted system.

Public hearing closed. Vote on January 28.

33. Council Bill 2019-009. (Prater)
A special ordinance approving the plans and specifications for the Smith Park Sanitary Sewer Capacity Improvements Project being generally located at Division Street and Fremont Avenue and generally referred to as Plan No. 2018PW0032se; accepting the bid of Hamilton and Dad, Inc., in the amount of $381,428.95, for said Project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.

Documents:

  1. 2019-009.PDF

Staff said there were three bids and all lower than the engineering estimate from the city.

Public hearing closed. Vote on January 28.

35. NEW BUSINESS. Citizens May Speak. May Be Voted On.
An appeal of the denial of a building permit sought by the applicant to construct four single-family houses on four lots originally addressed as 1325 S. Maryland Avenue, said denial being pursuant to the administrative delay in the Phelps Grove Urban Conservation District authorized by Resolution No. 10410. Pursuant to Section 6 of Resolution No. 10410, the applicant appealed the denial to the Planning Director, who denied the appeal, and then to the City Manager, who denied the appeal. The applicant now appeals to City Council.

As per RSMo. 109.230 (4), City records that are on file in the City Clerk’s office and have met the retention schedule will be destroyed in compliance with the guidelines established by the Secretary of State’s office.

Mary Lilly Smith spoke to council about the decisions to deny the application.

“Four houses side by side is inconsistent with the Phelps Grove neighborhood.”

The project would create housing density 75% greater than what is allowed in residential districts.

City manager Jason Gage said a letter was received from the applicant’s attorney and reflected conversations they had which Mr. Gage wanted to clarify.

Gage noted that he was quoted properly by the attorney regarding rejecting in accordance with what he felt were the intentions of city council.

Gage said he complimented the individual designs of the home but he did not say anything regarding that particular location. He said the plan could work in other parts of the city but perhaps not necessarily at this location.

Councilman Ollis asked “are these narrow lots something that is likely to be addressed through the neighborhood plan process?”

Mary Lilly Smith said that is something that has been talked about and what the appropriate size is in terms of lot development.

Councilman Hosmer asked if there is a way to apply for a narrow lot. Smith said there is a way for her department to approve something similar. She said that someone was given a narrow lot exemption 10 years ago.

Smith said without the administrative delay this would have been approved.

Kyle Dunham, a representative of Mark Hunter, the landowner, spoke to council. He said that before buying the property, the landowner spoke with Harlan Hill of Building Develop Services. He bought the property after Hill said there would be no issue.

The house itself had to be torn down because of issues within the home regarding wiring safety.

He began the demolition process and kept the walnut trees on the location. They harvested them but then the trees came down. He said that made neighbors angry.

He said they were told to do the demolition, come back and they would get addresses. He said then Council passed the resolution which “stopped everything dead”. He said that costs to the landowner and his developer have gone up because of the hold. They had bought materials working on the assumption of being able to go forward as they were initially told to do.

“This is such a great improvement,” the speaker said. “Each one of [the homes] is over $200,000. It’s a great benefit to the area.”

He noted most homes in the area are not in compliance with current codes but were grandfathered in.

Mark Hunter, the landowner, addressed council.

He said he wanted to tell Council “how it went down for [him].” He said he’s seen these houses in other places. He said they’re on Florence Street put in 2013.

He said before he bought it, he went with the builder and the realtor and sat down with Harlan Hill to make sure this project could be done. He said Harlan Hill assured him that they could do it, he had witnesses to Hill’s comment that he was approving what his staff had approved.

He said contrary to what Mary Lilly Smith said, this was an approved deal. He said he was never notified of the moratorium and that he owned property in the area and was never notified of council action.

“I’m not a developer. I’m not trying to put 10 kids in a house over there,” Hill said. “I’ve got kids who want to live in one of these.”

He noted the homes have garages so cars will not be parked on the street. He said they all like the project but “no one wants to do the right thing.”

Council had no questions for Hunter.

Mindy Spitz addressed council.

She thanked the Council for putting the moratorium. She said there were a lot of people out to support Phelps Grove neighborhood. Over a dozen people raised hands when asked if they were residents of the area.

She admitted she has a bias in the case because she lives across the street from the property and she doesn’t like the look across the street anymore.

She is chairwoman of Tree City USA in Springfield, and she is offended because of the removal of the trees from the lot. She said the trees “will never be replaced.”

She claims that he lied to her in a conversation and so that means he could lie to other people.

She claims that Hunter only cares about profits.

The president of the Phelps Grove Neighborhood Association said his group does not support the proposal because the skinny homes in the neighborhood to not fit the neighborhood.

He said citizens who will visit the art museum would see these homes and they would stand out from the current makeup of the neighborhood.

Councilman Ollis asked if a single family home built on the property would be a problem and the speaker said he would need to see the plans. He said “it can be done.”

A speaker told Council that the current skinny houses in the neighborhood already have overcrowding issues and people beyond the code’s legal limits.

He said that Phelps Grove is being targeted for negative impact to its beauty by developers and businesses. He asked Council to allow the current administrative delay to continue and allow residents to continue their plan.

Councilman Simpson asked staff about the discretionary nature of the ruling and Smith said that staff was able to check regulations while the hearing was taking place. A 25-foot lot can have a smaller side yard legally being grandfathered into current laws. “It’s not discretionary, it’s in ordinance.”

Councilman Simpson asked for info for the future about how often the narrow lot exemption is used.

Councilman Lear asked if there was any meetings between residents and the landowner to find a resolution. Eric Pauly came back to the podium and he wanted to approach the neighborhood association and present his plan. He said there’s been no back and forth.

Kenny Knauer addresses council. “Strong neighborhoods build strong cities.”

He spoke of stopping Missouri State from “encroaching in our neighborhood” and forcing them to go downtown. He spoke of a neighbor who plants trees around the neighborhood. He said that Art Museum’s master plan prohibits the skinny homes that Hunter wants to build in the neighborhood.

He said that allowing people in there could increase pet ownership, mail or trash piling up and traffic.

The public hearing closed. Council opened to speak.

Councilman Hosmer asked staff if no matter what Harlan Hill said, there’s no legal binding to a verbal approval.

City Manager Gage said the items were proposed prior to the delay and knowledge of it, so he had no idea what he would be expected to do when that was passed.

The representative for the landowner said the demolition permit was given prior to the moratorium, and the conversations with Mr. Hill were prior to the moratorium, so everything was above board at that time.

Councilman Hosmer said this does bring a hardship to Mr. Hunter but since the permit came after the moratorium so it was proper that it was turned down by the city.

Hosmer said that the reason these neighborhoods are appealing is because they protect those neighborhoods. He said the delay gives the neighborhood, in conjunction with the city, a plan to move forward for new development.

The Mayor said two motions can be made. One to order staff to approve, another to deny.

Councilman Schilling moved to deny the appeal and move forward with discussion and get a resolution to the whole issue that would bring “some kind of compromise.”

The Mayor restated that the motion is to deny. Councilwoman Ferguson seconded.

The vote was 9-0 to deny the appeal.

Council votes 8-1 to adjourn with Hosmer voting no.

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