Springfield City Council LIVE September 9, 2019

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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, September 9, 2019

The Mayor called this session to order at 6:31 p.m..

1. ROLL CALL.
2. APPROVAL OF MINUTES. August 12, 2019 And August 26, 2019 City Council Meetings And August 20, 2019 And August 27, 2019 Special City Council Meetings.

Passes 9-0

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.

Councilman Hosmer removes all second reading bills from the consent agenda.

The rest of the consent agenda passes 9-0.


4. CEREMONIAL MATTERS.
5. CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETINGS.
6. SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On.
7. Council Bill 2019-198. (Ferguson)
A special ordinance approving the plans and specifications for the Division Street and Commercial Street Intersection Improvement Project; accepting the bid of A.T. Urban Development, Inc., in the amount of $212,891.00, for the project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.
Documents:
2019-198.PDF

Passes 9-0

8. Council Bill 2019-199. (Ferguson)
A general ordinance amending the Fee Schedule for certain municipal services as provided in the Springfield City Code, Chapter 2 ‘Administration,’ Article VI ‘Finances,’ Division 3 ‘Charges for Various Municipal Services,’ Section 2-425, ‘Fees for city services; license and inspection fees’ by amending the fee schedule for the Department of Building Development Services, in order to eliminate the double fee charged for building or wrecking permits required by dangerous building proceedings.
Documents:

2019-199.PDF

Passes 9-0.

Council Bill 2019-200. (Lear)

A special ordinance authorizing the City Manager, or his designee, to enter into an agreement with Missouri Network Alliance, LLC, d/b/a Bluebird Network for the purpose of sharing existing and future underground conduits at various locations in City rights-of-way to expand the City’s traffic management fiber-optic communications network.
Documents:

  1. 2019-200.PDF

Councilman Hosmer wanted to know if there was cost to the city and what the city got out of it.

Passes 9-0.

Council Bill 2019-201. (Ollis)

A special ordinance authorizing the City Manager, or his designee, to enter into a supplemental agreement in the amount of $40,097.53, with Missouri Highways and Transportation Commission and TransCore, LP, for additional development, implementation and maintenance of the Advanced Traffic Management System software and hardware to be operated by the Missouri Department of Transportation and the City of Springfield at the Transportation Management Center of the Ozarks, for traffic management and traveler information services throughout the regional roadway network.
Documents:

  1. 2019-201.PDF

Councilman Hosmer wanted to know if there was cost to the city and why it was on the consent agenda.

Passes 9-0.

9. RESOLUTIONS. Citizens May Speak. May Be Voted On.
10. Council Bill 2019-205. (Schilling)
A resolution granting a Short-Term Rental Type 2 Permit for the property located at 2038 West Swallow Street, for the purpose of allowing the establishment of a Short-Term Rental Type 2 pursuant to General Ordinance 6497.
Documents:

  1. 2019-205.PDF

The reason for the appeal is that the block does not have eight residences in the zone and because of that despite having the required percentage of surrounding landowners agreeing it still needs to be appealed to City Council.

The reason for the appeal is that the block does not have eight residences in the zone and because of that despite having the required percentage of surrounding landowners agreeing it still needs to be appealed to City Council.

Landowner tells council she didn’t get in during the grace period because they was not aware of it and takes responsibility for that. She said she applied in June.

The Homeowners Association passed out ballots to people and asked if they wanted a bed and breakfast open but the neighborhood tied and the board voted in their favor.

66% of neighbors agree with the short-term rental, above the 55% required.

Cathy Olden addresses council. She says she lives on a nearby road where traffic travels to this area. She objected to the tie vote.

She claims the bylaws of the HOA say a business cannot be operated in the neighborhood and she claims a short-term rental is a business unlike long-term rentals that are also businesses to which she is not objecting.

She says she walks her dogs down there and doesn’t want cars parked down there.

She’s upset the owner of the property who owns an nearby property was able to exercise their legal right to sign the petition as a surrounding landowner. She thinks they shouldn’t have been able to do it.

She wants to keep people out of the neighborhood who are not 55 or older because that’s who she says mostly live in the neighborhood.

“It’s about strangers being allowed in what was once a quiet neighborhood,” she says.

Russell Cain addresses council. He is one of the property owners.

He is on the board and he said he did not do anything about the issue because the Zoning Office told them they did not need HOA approval, only adjacent properties.

They received text messages from many neighbors.

He built many of the houses in the neighborhood which most neighbors did not know. He said the HOA can put restrictions on things and have done this before and no home has had more than four cars.

He said that no more than 3 unrelated parties in one rental is in place. There has been no discrepancies.

“We held a meeting for neighbors to bring up issues and they did not attend,” he said. “Some people just don’t want things to happen, they just don’t want change. I don’t know why. I can’t speak for them.”

He said the complainant and other have brought up questions about property values and the realtor who sold over 80% of the properties in the area said there would be no impact on property values.

Councilman McGull asked the landowner if they do background checks on potential renters. Landowner said they do not but they have restrictions listed on the website. He said they live next door and meet all the renters.

Shirley Tyler addresses Council. She is mentioning something about “Missouri covenant” and whether or not the area is really a subdivision.

Councilwoman Ferguson mentioned this is the third appeal they’ve recently heard and these situations are “tearing neighborhoods apart.” She said this law is causing the issues and she’s sorry this is a by-product of the law.

Councilman McGull said he’s not a fan of Type II rentals where the homeowner doesn’t live on the property.

“It turns single family residences into hotels and motels and we don’t get hotel/motel tax,” McGull said. “The city has to run things like police, fire…all these things cost money.”

He’s voting against the homeowner.

Councilman Lear agreed with Councilwoman Ferguson that this ordinance has caused problems. He said it’s clear neighbors fear change.

“We don’t regulate long term rentals at all,” Lear said. “As far as we know, there are homes around the perimeter that are doing that.”

Councilman Ollis is voting against it because it doesn’t have enough properties in the area per law.

Councilman Hosmer is voting no for the same reason. He’s also noting the neighbors who have no financial interest in this property want to deny this homeowner the right to use their property in the way they wish.

“We should err on the side of the ordinance,” Hosmer said, “If we need to change it, then we should change it.”

Mayor McClure said he saw nothing that justifies making an exception.

The appeal fails 3-6, with Schilling, Ferguson, and Lear voting in favor.

Council Bill 2019-217. (McClure)

A resolution extending the term of the Sexual Assault Task Force until October 31, 2019.
Documents:

  1. 2019-217.PDF

Lisa Farmer, chairwoman of the committee, spoke to Council.

Councilman McGull asked if October 31 is enough time and Farmer said she believes it is.

The Mayor thanked Farmer for the work of the task force.

Passes 9-0.

Council Bill 2019-204. (McClure)

A general ordinance amending the Springfield City Code, Chapter 2, ‘Administration,’ Article I, ‘In General,’ by repealing Section 2-8, ‘Disclosure of certain transactions,’ pertaining to the disclosure of financial transactions by candidates for City Council, City Council members, and certain City employees, and enacting, in lieu thereof, a new Section 2-8; and declaring an emergency.
Documents:

  1. 2019-204.PDF

The city attorney said the wording is the same as the 2017 ordinance. If the Council doesn’t pass this, the state policy would go into effect that would be enforced by the Missouri Ethics Commission.

Councilman Hosmer asked for penalties under city ordinance versus state. City Attorney said the city ordinance has no penalties, state penalties would include city staff losing compensation until paperwork is filed, elected officials can be suspended from their office, candidates can be taken off the ballots.

Knowing violations of disclosure laws can bring criminal charges.

Councilman Lear asked again if nothing is done before September 15, it reverts to the state statutes. He was told yes. He asked if they wanted to change something if the Council would have time to do that or if there would be not enough time. Staff said it would be difficult but it could be done.

The city attorney said if the Council wants penalties, the way to do it is to not pass the local ordinance and use the penalties of the state.

McGull asked if this supersedes state law. City Attorney said that it does because under state law if the city passes something the state will not come in and impose their rules.

Hosmer says he thinks it would better not to pass the measure and use the same law the state legislature operates under.

Councilman Ollis asked the number of cities that adopt their own ordinances but staff did not know.

Mayor McClure asked if this is a 2 year situation and staff confirmed.

“In the event that we do not pass this, it reverts to the Missouri Ethics Commission and the penalties?” McClure asked. “It’s the same requirements that our state legislators and our county officials have? Our option is to pass as is or turn to the state?”

Public hearing closed.

Councilman Lear says he’s voting no.

The measure fails on a unanimous 0-9 vote.

Council Bill 2019-207. (Lear)

A special ordinance approving the City Utilities’ Fiscal Year 2020 Annual Operating Budget for its Fiscal Year ending September 30, 2020.
Documents:

  1. 2019-207.PDF

No unapproved rate increases and does not project base rate increases for the next five years.

Councilwoman Ferguson asked the speaker to explain “payment in lieu of taxes.” A CU rep said they pay 3% of electric revenues and 4% on other items according to the city charter in lieu of taxes or franchise fees if they were a private entity.

Councilman Schilling asked about use of coal after praising CU’s use of renewables. CU said that they’ve cut the rate of coal use.

Councilman Hosmer says the community doesn’t realize how good they have it with City Utilities and how they provide the lowest rates in the state.

Jenna Bengsch spoke to council. She is in support of CU’s expansion of fiber internet.

Public hearing closed. Vote in two weeks.

The mayor notes they are going out of order.

A woman is reading a note from Amy Champlin.

She is talking about paratransit services. She is complaining that times of requested rides get changed on her and she can’t make phone calls to complain about the unwanted changes. She wants council to do something about it.

20. Council Bill 2019-208. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 0.49 acres of property, generally located at 1700 South Enterprise Avenue, from Planned Development No. 41, 2nd amendment, to Planned Development No. 371; and adopting an updated Official Zoning Map. (Planning and Zoning Commission and Staff recommend approval.) (By: Skinner Real Estate, LLC; 1700 S. Enterprise Avenue; Planned Development No. 371.)
Documents:

  1. 2019-208.PDF

Hearing closed. Vote in two weeks.

21. Council Bill 2019-209. (McGull)
A special ordinance granting Conditional Use Permit No. 438 for the purpose of allowing outdoor dining and to reduce the front yard setback requirements in the LB, Limited Business District and Rountree Urban Conservation District Number 2, Area F, which is located at 1454 East Cherry Street. (Staff and Planning and Zoning Commission both recommend approval).
Documents:

  1. 2019-209.PDF

Hearing closed, vote in two weeks.

22. Council Bill 2019-210. (Schilling)
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 1720 West Grand Street, from R-SF, Single-Family Residential District to GR, General Retail District; establishing Conditional Overlay District No. 177; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: College of the Ozarks; 1720 W. Grand Street; Z-18-2019 w/Conditional Overlay District No. 177.)
Documents:

  1. 2019-210.PDF

23. Council Bill 2019-211. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.37 acres of property, generally located at 1720 West Grand Street, from R-SF, Single-Family Residential District to R-LD, Low-Density Multi-Family Residential District; establishing Conditional Overlay District No. 178; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: College of the Ozarks; 1720 W. Grand Street; Z-19-2019 w/Conditional Overlay District No. 178.)
Documents:

  1. 2019-211.PDF

These bills are connected to the former Price Cutter location at the corner of Grand Street and Kansas Expressway.

Councilman Schilling said the property is being bought by College of the Ozarks if the land is exempt from property tax and Mary Lilly Smith said she does not know for sure.

Public hearing closed. Vote in two weeks.

Jaye Owens addresses council. She wants a permanent commission for violence against women. She says there’s no accountability for police on those issues.

“The issue runs too deep to be solved in less than a year,” she said about the Sexual Assault Task Force.

She says there’s nothing partisan or political in her statements or what she’s asking to be done.

She wants quarterly reports posted online about the status of rape kits.

She also wants a commission of appointed citizens who fill out applications and are interviewed. She doesn’t want Council to be allowed to choose them.

Jeff Barber addresses Council. He’s talking about the Missouri Clean Energy District that Council tabled action at the last meeting.

A spokesman for the organization that implements the residential program for the Missouri Clean Energy District speaks to Council.

Bob Mundy talks to council about Ozarks Jubilee.

NEW BUSINESS.

Andrew Lear will be the employer representative at the upcoming 2019 Missouri Local Government Employees Retirement System (LAGERS) Annual meeting.

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.

The Council votes to adjourn 8-1, with Councilman Hosmer as usual voting no.