LIVE Springfield City Council Meeting March 9, 2020

Welcome to tonight’s meeting of the Springfield City Council, with our live blog here on Ozarks Independent.

Councilman Andy Lear has family obligations tonight, so he will not be in attendance. Councilwoman Phyllis Ferguson is also not in attendance.

Mayor McClure calls the meeting to order at 6:32 p.m..

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, March 9, 2020

1. ROLL CALL.
2. APPROVAL OF MINUTES. February 24, 2020 City Council Meeting, And February 25, 2020 Special City Council Meeting.
Documents:

  1. 02-24-2020.PDF
  2. 02-25-20 SPECIAL CITY COUNCIL MEETING.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.


4. CEREMONIAL MATTERS.

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

City Manager Gage updated Council on actions by the health department around Coronavirus response.

He commented on the third marker on the African-American Heritage Trail.

6. A REPORT FROM THE CHAIR OF THE CITIZENS TAX OVERSIGHT COMMITTEE.

Bonnie Jenkins reports to Council.

She says that the use of the taxes are in line with the ballot language for the measures put in front of voters.

7. SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On. Council Bill 2020-024 Was Tabled At The February 24, 2020 City Council Meeting.


8. Council Bill 2020-024. (Simpson) Tabled At The February 24, 2020 City Council Meeting.
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 0.69 acres of property, generally located at 3750 South Campbell Avenue, from HC, Highway Commercial district to GR, General Retail district; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: TRB Kickapoo, LLC; 3750 South Campbell Avenue; Z-1-2020.)
Documents:

2020-024.PDF

Councilman Simpson tabled the bill previously because of a pending sale. The sale has completed and the developer has asked the measure be indefinitely tabled; Simpson made the motion.

Bill tabled 7-0.

9. Council Bill 2020-037. (Schilling)
A special ordinance granting Conditional Use Permit No. 442 for the purpose of authorizing an automotive service garage to operate within the GR, General Retail, district located at 3510 West Sunshine Street as a conditional use. (Staff and Planning and Zoning Commission recommend approval.)
Documents:

2020-037.PDF

Bill passes 7-0.

10. Council Bill 2020-038. (Hosmer)
A general ordinance amending Chapter 36 of the Springfield, Missouri, City Code, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 5, ‘Supplemental District Regulations,’ Section 36-453 ‘Supplemental Open Space and Yard Regulations,’ and Chapter 106 of the Springfield, Missouri, City Code, ‘Traffic and Vehicles,’ Article 1, ‘In General,’ Section 106-32, ‘Trees, Shrubs or other Vegetation obstructing visibility at Intersections,’ both relating to vegetative obstructions in intersection sight triangles. (Planning and Zoning Commission and Staff recommend approval.)
Documents:

2020-038.PDF

Passes 7-0.

11. Council Bill 2020-039. (Fisk)
A general ordinance amending Chapter 114 of the Springfield, Missouri, City Code, ‘Vegetation,’ Article II, ‘Trees,’ Division 1, ‘Generally,’ Section 114-31 ‘Trees on private property creating hazard to public ways.’ (Staff recommends approval.)
Documents:

2020-039.PDF

Bill passes 7-0.

12. Council Bill 2020-040. (Simpson)
A special ordinance approving the plans and specifications for Stormwater Improvements at Linden Avenue and Latoka Street; accepting the bid of Hartman & Company, Inc., in the amount of $506,000.00, for the project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.
Documents:

2020-040.PDF

Passes 7-0.

13. Council Bill 2020-041. (Lear)
A general ordinance amending the Springfield City Code, Chapter 10, ‘Alcoholic Beverages,’ by revising Section 10-62, ‘Exception for general merchandise stores, restaurants, and exempt organizations,’ to remove text related to certain permitted events and by adding a Section 10-66, ‘Exception for Downtown and Commercial Street Events,’ to authorize in City Code certain permitted events previously authorized each year by adoption of an ordinance; amending Chapter 78, ‘Offenses and Miscellaneous Provisions,’ Section 78-4, ‘Possession, sale or consumption of alcoholic beverages in public place,’ to reference the new Section 10-66; and amending Chapter 106, ‘Traffic and Vehicles,’ Section 106-50, ‘Use of City right-of-way during Artsfest,’ to reference the new Section 10-66.
Documents:

2020-041.PDF

Passes 7-0.

14. Council Bill 2020-046. (City Council)
A general ordinance approving the “First Amendment to Section 3.02 – Wages, Paragraph 3,” of the Collective Bargaining Agreement Between: The City of Springfield, Missouri, and Southern Missouri Professional Fire Fighters Local 152, the Bargaining Unit of the Springfield Fire Department; and authorizing the City Manager, or his designee, to execute and deliver the First Amendment on behalf of the City of Springfield, Missouri, to the Bargaining Unit.
Documents:

2020-046.PDF

Passes 7-0.

15. Council Bill 2020-047. (City Council)
A general ordinance amending Chapter 2, Article III, Division 1 of the Springfield City Code, Section 2.92, known as the ‘Salary Ordinance,’ relating to specific salary grades within the Law Enforcement Schedule (“LES”).
Documents:

2020-047.PDF

Passes 7-0.

16. RESOLUTIONS. Citizens May Speak. May Be Voted On.
17. Council Bill 2020-048. (Ferguson)
A resolution declaring the intent of the City of Springfield to annex and rezone approximately 4 acres of private property and approximately 7 acres of Missouri Department of Transportation right-of-way generally located at 4912 West State Highway 266/Chestnut Expressway. (Staff recommends approval.)
Documents:

2020-048.PDF

The property has been developed as a convenience store and is being zoned by the consent of the landowner.

Public hearing closed.

Passes 7-0.

22. COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On.
23. Council Bill 2020-049. (McGull)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 0.16 acres of property generally located at 2001 North Ramsey Avenue, from GM, General Manufacturing District to R-TH, Residential Townhouse District. (Staff and Planning and Zoning Commission both recommend approval.) (By: R.A.L. Property Management, LLC; 2001 North Ramsey Ave.; Z-2-2020.)
Documents:

2020-049.PDF

Rezoning a single tract of land from general manufacturing to a single family home. The city previously demolished a single family home that was on the property which was declared dangerous, and because of rezoning, the landowner cannot build the single family home they desire.

Clifford VanNatta addresses Council. He is not the landowner. He stating that there’s an adult entertainment business near this property. He says trucks use Atlantic. He says that if kids live in that house, they might possibly get hurt because there’s forklifts in the general area.

Cynthia Balderi addresses Council. She is not the landowner. She is worried about children “because I love children.”

Staff says that the rezoning of that area was done in a mass rezoning process without any consideration for the historical use of the property. They say the rezoning would bring the property in line with historical use and for the region.

The two properties to the north are also zoned manufacturing, although they contain single family residences.

Councilman Hosmer asked if Council could rezone the other properties and staff said Council can initiate that process.

Councilman Simpson would like discussion with the landowners before changes are initiated.

Vote in two weeks.

24. Council Bill 2020-050. (Ferguson)
A special ordinance vacating a public street and alley generally located in the 1500 Block of North Sherman Avenue and in the 900 Block of East Division Street. (Planning and Zoning Commission recommended denial and Staff recommends approval.)
Documents:

2020-050.PDF

Request from the School District to vacate the streets to assist construction of the new Boyd Elementary. At Planning and Zoning, they needed 5 yes votes, but only 5 P&Z commissioners showed up, it was a 4-1 vote. The School Board appealed to the Council.

Terry Schall addresses Council. He lives on Clay Street and is complaining about trucks on his street. He wants trucks prohibited on his street.

Public hearing closed Vote in two weeks.

25. Council Bill 2020-051. (Simpson)
A general ordinance amending Chapter 36 of the Springfield City Code, known as the ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 3, ‘Administration, Enforcement and Review,’ Subdivision II, ‘Commissions and Boards,’ Section 36-353 ‘Landmarks Board’ and Division 4, ‘District Regulations,’ Subdivision II, ‘Office, Institutional and Special Districts,’ Section 36-404 ‘Landmarks,’ to address procedures regarding designation of Historic Status. (Planning and Zoning Commission and Staff recommend approval.)
Documents:

2020-051.PDF

This was initiated because of an individual that submitted an application for historical status without ever informing the actual landowner they were taking that action. The change requires a certified letter to notify the landowner of the action.

A change will be to allow Council to table a nomination, where that was not clear for Council to be able to previously do.

Councilman Ollis asks who has to pay for mortgages and other bills while the Landmarks Board puts delays on properties; staff responded the landowner would be responsible for all costs.

Peyton Chambers addresses Council. He is the chair of the Landmarks Board. He said the board is overall very pleased and they feel this is going to improve the process and make the nomination process more clear for all involved.

Councilman Ollis asked about the landowner’s rights. Chambers replied this situation was spurred because of a difference of opinion between people related to a development.

Chambers said that he would never move into an area expecting to change a property that is an older area that there would not be push back. He said in this situation that happened and this can slow down the process to try and spur discussion and find consensus.

Councilman McGull said there needs to be some way to inform potential new owners that the property is under consideration for landmark status because of potential problems that could cause redevelopment.

Public hearing closed.

Vote in two weeks.

26. FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.
27. Council Bill 2020-052. (Fisk)
A special ordinance authorizing the City Manager, or his designee, to enter into a Surface Transportation Program-Urban Program Agreement with the Missouri Highways and Transportation Commission; and amending the budget of the Department of Public Works for Fiscal Year 2019-2020, in the amount of $2,392,000.00, for the purpose of appropriating federal funds to be used in street overlay improvements.
Documents:
2020-052.PDF

28. Council Bill 2020-053. (Lear)
A special ordinance authorizing the City Manager, or his designee, to enter into a Surface Transportation Program-Urban Program Agreement with the Missouri Highways and Transportation Commission; and amending the budget of the Department of Public Works for Fiscal Year 2019-2020, in the amount of $1,288,000.00, for the purpose of appropriating federal funds to be used in ADA Improvements.
Documents:

2020-053.PDF

Public hearing closed on both bills.

Vote in two weeks.

29. Council Bill 2020-054. (Simpson)
A special ordinance authorizing the City Manager, or his designee, to enter into a sewer improvement developer and construction cost reimbursement agreement with Ridge Investment Group, LLC, for the purpose of constructing sewer infrastructure serving the Millwood East Development and paying the cost difference between the more expensive gravity sewer and the lift station, force main, including associated fees; and utilizing no more than $393,541.37 from the Fiscal Year 2019-2020 Clean Water Services Fund.
Documents:

2020-054.PDF

This is outside the city, but using city sewer, for the Millwood East project.

Council members are concerned about possibly having to use eminent domain to obtain some property as part of the project. The agreement as currently written, the developer is required to hire someone with expertise in working with people on acquiring easements, then their is an option to ask the city to take over, and the city can use eminent domain without coming back to Council.

The city could annex the land, but is not required. Councilman Ollis asks if the Council doesn’t annex, if they lose the chance. City manager Jason Gage said the agreement has the developer giving consent for the land to be annexed.

Staff added any county property that is served by sewer is under consent to annex.

Donna Pierson addresses Council. She wants it tabled for 60 days so landowners can address concerned. She said most landowners didn’t get notified until March 1, and several were out of town and unable to attend. She says this will have a “negative environment impact.” Where she lives, she is on city sewer, so her property is not impacted by the move, but did not disclose that until asked by Councilman McGull.

Another landowner wants a 60 day delay to talk to neighbors about the property. Two neighbors are “snowbirds” who are out of town and would like to look at the situation. He is against the gravity feed, and wants the lift station.

Paul Williamson addresses Council. He is saying the same thing as the previous two speakers. He has concerns about “environmental impact.”

Councilman Ollis asks staff about the lift system and if it’s a temporary fix, and if the city would be putting a gravity system in the area at some point.

Ollis asked about the short notice, and staff confirmed the short notice. Staff said they notified them as soon as they were able to do it after working with the developer on the project.

Debbie Rollinson addresses Council. Her family is the majority property owner on the project and that all the property is outside the city. She claims all the neighbors around her are not in favor it. She wants a delay.

Dane Siler addresses Council. He represents the developer. He said they feel this is a good public-private partnership.

Councilman Hosmer asked if the property owner could do a delay because of surrounding property owner, and Siler said that a delay would require additional costs to the developer. It adds concerns to the developer’s timeline.

Public hearing closed. Vote in two weeks.

30. Council Bill 2020-055. (Ollis)
A general ordinance amending Chapter 2, Article III, Division 1 of the City Code, Section 2-91, known as the ‘Merit System Rules and Regulations,’ by amending Merit Rule 26, ‘Substance Abuse Policy;’ and Merit Rule 13, ‘Appeals,’ Subsection 13.6, ‘Personnel Board Hearing;’ and establishing an effective date for said Merit Rule changes. (The Personnel Board recommends these changes.)
Documents:

2020-055.PDF

All unions that will be impacted have been contacted and on board with changes.

Public hearing closed. Vote in two weeks.

31. Council Bill 2020-056. (Fisk)
A special ordinance authorizing the Loan Committee, by vote, to lower the interest rate of the Business Development Loan, within the Commercial Loan Program, if the prime rate decreases throughout the year.
Documents:

2020-056.PDF

Public hearing closed. Vote in two weeks.

32. Council Bill 2020-057. (McClure, Hosmer, And Ferguson)
A general ordinance amending the Springfield City Code, Chapter 78, ‘Offenses and Miscellaneous Provisions,’ Article VII, ‘Offenses Against Property,’ by the addition of a new Section 78-285.5, ‘Trespass onto real property.’
Documents:

2020-057.PDF

This creates second degree trespass. Currently the law requires land to be fenced and closed, or have notification signs. What the ordinance does is eliminate that requirement.

Current has a full penalty of up to 180 days jail or $1,000 fine. Change would have a $400 fine.

Councilman Schilling asks if people who are trespassing to get in out of the cold if they will have to pay a $400 fine. Staff said there is a problem in the city with people breaking into vacant homes and this is a way to help city staff deal with those illegal break-ins.

Public hearing closed. Vote in two weeks.

Council adjourns 6-1 with Hosmer voting no as usual.

Thanks for joining us! Good night!

Reader Comments