LIVE: Springfield City Council March 11, 2019

Welcome to our live blog coverage of the Springfield City Council meeting for March 11, 2019. Tonight’s agenda is quite packed so it could be a long evening. Plenty of planning & zoning issues up for debate including the controversial one on the east side of the city near Menards.

Thanks for joining us and let’s get ready to go!

Mayor Ken McClure calls the meeting to order at 6:33 p.m..

1. ROLL CALL.
2. APPROVAL OF MINUTES. February 25, 2019 City Council Meeting.
Documents:

  1. 02-25-2019.PDF

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 passes 9-0.

4. CEREMONIAL MATTERS.
5. CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETING.

Sales tax up 2.4% higher than the prior year. Up 2.73% from the same time last year over the previous fiscal year.

“Strong and stable, that’s what we like to see,” city manager Jason Gage said.

Over 200 cars are already registered for the upcoming Birthplace of Route 66 festival.

6. SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On. Item Nos. 7 Thru 11 Were Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57. Item No. 12 Was Removed From Consent Agenda-Second Reading Bills And Table Until The March 11, 2019 City Council Meeting. Item No. 14 Was Amended At The February 25, 2019 City Council Meeting And Public Hearing Is Being Continued On The Amendment Only. Citizens May Speak To Amendment Only. May Be Voted On.

7. Council Bill 2019-026. (Ollis) Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57.
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 2.27 acres of property, generally located at 3411 South Kansas Avenue, from R-LD, Low Density Multi-Family District, with Conditional Overlay District No. 145, to R-LD, Low Density Multi-Family District and establishing Conditional Overlay District No. 162; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By: Project Collective, LLC; 3411 South Kansas Avenue; Z-30-2018 w/COD #162.)
Documents:

  1. 2019-026.PDF

Passes 9-0 without debate.

8. Council Bill 2019-027. (Hosmer) Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57.
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 6.99 acres of property, generally located at 1630 West Republic Street, from a R-SF, Single-family Residential District to GR, General Retail District and establishing Conditional Overlay District No. 165; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By: Southland Christian Church; 1630 West Republic Road; Z-3-2019 w/COD #165.)
Documents:

  1. 2019-027.PDF

Passes 9-0 without debate.

9. Council Bill 2019-028. (Prater) Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57.
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.18 acres of property, generally located at 1403, 1405, 1409, 1411, 1415, 1423, 1425, and 1427 East Cherry Street and 527 South Pickwick Avenue, from a R-HD, High Density Multi-Family Residential District and LB, Limited Business District within UCD District No. 2, Areas E and F to Planned Development District No. 366; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By: Pickwick and Cherry, LLC; 1403, 1405, 1409, 1411, 1415, 1423,1425, & 1427 East Cherry Street and 527 South Pickwick Avenue; Planned Development 366.)
Documents:

  1. 2019-028.PDF

Passes 9-0 without debate.

10. Council Bill 2019-029. (Schilling) Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57.
A general ordinance amending Section 1-9 of the Springfield City Code, ‘City Limits,’ by annexing 9.3 acres of private property and 0.3 acres of Greene County right-of-way into the City of Springfield, Missouri, generally located at 3851 West Farm Road148/University Street, and generally referenced as Annexation A-1-19; 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: A&R Property Developers, LLC; 3851 W. Farm Road 148/University St.; Annexation A-1-19.)
Documents:

  1. 2019-029.PDF

12. Council Bill 2019-036. (Schilling) Removed From Consent Agenda-Second Reading And Tabled Until The March 11, 2019 City Council Meeting.
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, as shown on the Preliminary Plat of Opal Sunset Subdivision generally located at 3851 West Farm Road 148/University Street, upon the applicant filing and recording a final plat that substantially conforms to the preliminary plat; and authorizing the City Clerk to sign the final plat upon compliance with all the terms of this Ordinance. (Staff recommends that City Council accept the public streets and easements.)
Documents:

  1. 2019-036.PDF

Mayor Ken McClure moves that the two above measures are tabled until the next meeting. Passes 9-0 without debate.

11. Council Bill 2019-030. (Schilling) Tabled At The February 25, 2019 City Council Meeting To Comply With City Code Section 2-57.
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 9.3 acres of property generally located at 3851 West Farm Road 148/University Street from County C-1, Neighborhood Commercial District, to R-MD, Medium Density Multi-Family Residential District and GR, General Retail District; and establishing Conditional Overlay District No. 166; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: A&R Property Developers, LLC; 3851 W. Farm Road 148/University St.; Z-4-2019 w/COD #166.)
Documents:

  1. 2019-030.PDF

Councilman Schilling moves to amend the bill to add requirements regarding the placement of trees, buffer space and fencing.

Nothing about the actual development itself in terms of building sizes change.

Vote on Schilling’s amendment.

Passes 9-0 without debate.

No speakers on the amendment. Vote in two weeks.

13. Council Bill 2019-044. (Hosmer)
A general ordinance amending Chapter 2, Section 2-92 of the Springfield City Code, known as the ‘Salary Ordinance,’ relating to various job titles in the City of Springfield for the Springfield-Greene County 911 Emergency Communications Department, as contained in the Professional, Administrative and Technical (PAT) salary schedule, by approving six additional full-time equivalent Telecommunicator positions; and amending the Springfield-Greene County 911 Emergency Communications Department budget for Fiscal Year 2018-2019 in order to adjust the number of authorized employee Telecommunicator positions and to accept and appropriate $88,534 in 911 County Sales Tax Revenue to fund the additional positions.
Documents:

  1. 2019-044.PDF

Passes 9-0 without debate.

14. Amended Council Bill 2019-045. (Prater) Public Hearing Is Being Continued For Amendment Only. Citizens May Speak To Amendment Only. May Be Voted On.
A general ordinance amending the Springfield City Code, Chapter 54, ‘Fire Prevention and Protection,’ Article II, ‘Fire Prevention Code,’ Section 54-32, to make certain deletions, amendments and additions to Sections 108, 901, 1008, 1010, 1013, 1031, and Appendix T of the International Fire Code; including a savings clause and a severability clause; and establishing an effective date.
Documents:

  1. AMENDED2019-045.PDF

Councilwoman Ferguson asked fire department personnel regarding the third party’s responsibility to report to the department. She asked what fees are passed along to those who will have to comply with the ordinances.

Fire Department staff replied that it would be $12, up to $24 if a second inspection is warranted.

Ferguson followed up asks if the businesses will need to keep records of inspection on property.

Response was yes.

Mayor McClure asked about whether tents fall under this code and the response was no.

Public hearing closed.

Passes 9-0 without debate.

15. Council Bill 2019-046. (Hosmer)
A special ordinance authorizing the City Manager, or his designee, to enter into an agreement with Brycer, LLC, for the tracking and notification of fire protection system records and required testing in structures within the City.
Documents:

  1. 2019-046.PDF

Bill passes 9-0 without debate.

16. Council Bill 2019-047. (Ollis)
A special ordinance authorizing the City Manager, or his designee, to enter into a revised Intergovernmental Agreement with Community College District of Central Southwest Missouri, AKA Ozarks Technical Community College, for the purpose of providing cooperative training between the Fire Department and Ozarks Technical Community College.
Documents:

  1. 2019-047.PDF

Councilman Simpson said because the bill involves his employer, OTC, he’s recusing himself and he left the room.

Passes 8-0 without debate.

After the vote, councilman Schilling noted that he is an adjunct professor at OTC and probably should have recused himself. City staff said that in situations like that, it’s important to make sure the public knows about any potential conflict before any vote.

Mayor McClure asked staff about whether Councilman Schilling can change his vote. City Attorney Lousader said the council could re-vote if a motion is made to reconsider.

The motion was made, passing 8-0.

Schilling and Simpson both recuse themselves and leave the chamber. Bill passes 7-0.

17. Council Bill 2019-048. (Fisk)
A special ordinance amending the budget of the Airport for Fiscal Year 2018-2019, in the amount of $800,000.00, to appropriate fund balance reserves of the Customer Facility Charge Reserve Fund.
Documents:

  1. 2019-048.PDF

Bill passes 9-0 without debate.

18. Council Bill 2019-049. (Ferguson)
A special ordinance approving the plans and specifications for the Division Street and Grant Avenue Intersection Project, generally referred to as Plan No. 2017PW0087; accepting the bid of Ewing Signal Construction, LLC, in the amount of $224,814.25, for the Project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.
Documents:

  1. 2019-049.PDF

Bill passes 9-0 without debate.

19. Council Bill 2019-050. (Schilling)
A special ordinance authorizing the City Manager, or his designee, to enter into a contract for the purchase of certain real estate generally located at 1051 West College Street, in the amount of $65,000.00.
Documents:

  1. 2019-050.PDF

Councilman Ollis informed staff there is a huge trash and debris issue below the Route 66 Roadside Park (where the purchased land is connected.)

City Manager Gage said they are working with the railroad and trying to emphasize to them the need to clean up their area. He said there are two railroad entities they will need to approach about the situation.

Councilman Ferguson noted that last summer there was fire in that area.

She added she is excited the city may add the property and asked if bathrooms will be added to the park in that area. City Manager Gage said that this was discussed. Councilwoman Ferguson said that she has some issues but will address staff later.

Councilman Schilling asked if there’s anything to stop the community from doing a cleanup on their own. City Manager Gage said he isn’t aware of anything.

Schilling asked if they would be charged with trespassing if they cleaned up the railroad property. City Manager Gage said their concern is obviously keeping people away from the tracks but if he was the railroad he wouldn’t turn down volunteers cleaning up.

Bill passes 9-0.

20. Council Bill 2019-051. (Simpson)
A special ordinance approving solid waste disposal agreements with Allied Services, LLC, d/b/a Republic Services of the Ozarks, a Delaware limited liability company and Waste Corporation of Missouri, Inc., a Delaware corporation, for the delivery of a certain tonnage of solid waste to the city landfill or payment of the equivalent tipping fee of the tonnage.
Documents:

  1. 2019-051.PDF

Passes 9-0 without debate.

21. Council Bill 2019-052. (McClure)
A general ordinance amending the Springfield City Code, Chapter 10 – ‘Alcoholic Beverages,’ Section 10-62. – ‘Exception for general merchandise stores, restaurants, and exempt organizations,’ to increase the number and expand the area for certain permitted events; amending Chapter 78 – ‘Offenses and Miscellaneous Provisions,’ Section 78-4. – ‘Possession, sale or consumption of alcoholic beverages in public place,’ to amend the title of Subsection (c); amending Chapter 106 – ‘Traffic and Vehicles,’ Section 106-50. – ‘Use of City right-of-way during Artsfest’; and including a provision to sunset this Ordinance on December 31, 2019.
Documents:

  1. 2019-052.PDF

Bill passes 9-0 without debate.

22. RESOLUTIONS.
23. EMERGENCY BILLS.
24. PUBLIC IMPROVEMENTS.
25. GRANTS. Citizens May Speak. May Be Voted On. Item No. 27 Was Tabled At The February 25, 2019 City Council Meeting Until The March 11, 2019 City Council Meeting.
26. Council Bill 2019-042. Substitute No. 1. (Lear)
A special ordinance authorizing the City Manager, or his designee, to accept a grant from the Missouri Department of Health and Senior Services to support Public Health Opioid Crisis Response activities, federally funded by reimbursement from the Centers for Disease Control and Prevention; and amending the budget of the Springfield-Greene County Health Department for Fiscal Year 2018-2019 in the amount of $120,000.00.
Documents:

  1. 2019-042S1.PDF

Katie Towns, Assistant Director of the Springfield-Greene County Health Department, addressed council.

They will be focusing on education for youth and first responders. They will work with Discovery Center, Safe & Sober, and others.

After plans were in place, they were offered additional funding to respond to the opioid crisis.

Grant accepted 9-0 without debate.

27. Council Bill 2019-042. (Lear) Tabled At The February 25, 2019 City Council Meeting Until The March 11, 2019 City Council Meeting.
A special ordinance authorizing the City Manager, or his designee, to accept a grant from the Missouri Department of Health and Senior Services to support Public Health Opioid Crisis Response activities, federally funded by reimbursement from the Centers for Disease Control and Prevention; and amending the budget of the Springfield-Greene County Health Department for Fiscal Year 2018-2019 in the amount of $100,000.00.
Documents:

  1. 2019-042.PDF

This bill is deemed failed by the passage of Council Bill 2019-042 Substitute No. 1.

30. Council Bill 2019-055. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 3.73 acres of property, generally located at 1116 and 1120 East Pythian Street, 922 to 933 North Florence Avenue, and 941 North National Avenue, from LB, Limited Business District and R-TH, Residential Townhouse District to GI, Government and Institutional Use District. (Staff and Planning and Zoning Commission recommend approval.) (By: Junior College District of Southwest Missouri (OTC); 1116, 1120 East Pythian Street, 922 to 933 North Florence Avenue, and 941 North National Avenue; Z-2-2019.)
Documents:

  1. 2019-055.PDF

Because OTC is involved, Councilman Schilling and Simpson have recused themselves and have left the council chamber.

Mary Lilly Smith said this zoning change is consistent with OTC’s plan for growth.

Jonathan Stotz addressed council.

31. Council Bill 2019-056. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 43.5 acres of property, generally located at 1325 North Eldon Avenue, from Planned Development No. 187, 1st Amendment, to GM, General Manufacturing District. (Staff and Planning and Zoning Commission recommend approval.) (By: Positronic Industries Inc.; 1325 North Eldon Avenue; Z-5-2019.)
Documents:

  1. 2019-056.PDF

Mary Lilly Smith said the original plan split the property in half and put residential an option, but that land is sinkhole land and so there’s little land that could be used for residential.

Billy Kimmons addresses council. He noted the general area is for manufacturing so it’s no major change.

Public hearing closed.

32. Council Bill 2019-057. (Prater)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.8 acres of property, generally located at 3040 East Cherry Street, from HC, Highway Commercial and R-LD, Low-Density Multi-family Residential District with Conditional Overlay District No. 77 to GM, General Manufacturing District and establishing Conditional Overlay District No. 167. (Staff and Planning and Zoning Commission recommend approval.) (By: Excel Investments LP; 3040 East Cherry Street; Z-6-2019 w/Conditional Overlay District No. 167.)
Documents:

  1. 2019-057.PDF

Councilman Ollis asked if this is the property next to the old TV facility on Cherry and staff responded yes.

Jared Davis addresses council. He represents the developer. He confirmed to Mr. Ollis that there are two separate buildings planned similar to what’s across the street.

Public hearing closed. Vote in two weeks.

33. Council Bill 2019-058. (Simpson)
A general ordinance amending Chapter 36 of the Springfield City Code, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division VI, ‘Design and Development Standards,’ Section 36-483, ‘Off-Street Parking and Loading Design Standards,’ relating to surfacing requirements for driveways, vehicle parking, storage, and maneuvering areas. (Planning and Zoning Commission and Staff recommend approval.)
Documents:

  1. 2019-058.PDF

Staff calls it a “clean up bill” that requires driveways to be paved but other areas that are not the “actual drive” like parking areas have to be paved.

Councilman Ollis making sure no one can park in in the front yard. Staff said that’s enforced on a complaint basis.

He asked about disabled cars parked in the front yard. He said he’s been getting feedback from constituents.

Councilwoman Fisk asked about pea gravel that would fit the design of a new home and whether that would be allowed and staff responded no. She then asked about crushed oyster shells that were used for a driveway.

And this measure goes into effect immediately, so Fisk asked about those planning through the winter and the builders now say they have to pave a driveway when they didn’t have to do it in the previous plan.

Councilman Lear asked if the measure covered trailers and staff said they think the law requires the vehicles covered to have motors.

Councilwoman Ferguson asked if you can park a vehicle in the backyard, you can put a trailer there. Staff said yes but it would have to be on a hard surface.

Public hearing closed. Vote in two weeks.

34. FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.
35. Council Bill 2019-059. (Ollis)
A special ordinance approving the plans and specifications for The Link Washington Avenue Project; accepting the bid of Hamilton and Dad, Inc., in the amount of $233,162.19, for said Project; and authorizing the City Manager to enter into a contract with such bidder.
Documents:

  1. 2019-059.PDF

Councilwoman Ferguson clarified that where you can’t see into the pedestrian tunnel, it will be cut back so when come onto Washington you can see through the tunnel.

36. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

Megan Short of the Contractors Association addressed council to praise the decrease of crime in the city and the efforts of our public safety personnel to make Springfield a safer city.

Councilman Prater thanked Short and asked citizens to come out and vote for the 1/4 sales tax renewal.

37. NEW BUSINESS.
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.

Council adjourns 8-1 with Hosmer as usual voting no.

Thanks for joining us tonight! It went a LOT faster than most of us anticipated!

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