Springfield City Council LIVE August 10, 2020

Welcome to tonight’s Springfield City Council meeting LIVE from the living room of the OI reporter covering the event via live stream since most of the Council is doing the meeting virtually anyway and no citizens are allowed in the Council chambers because of COVID-19.

A lot on tap tonight, including some folks opposing development in Galloway addressing council, so expect fireworks!

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, August 10, 2020

Mayor McClure calls the meeting to order at 6:34 p.m..

1. ROLL CALL. Richard Ollis and Mike Schilling are not in attendance tonight.


2. APPROVAL OF MINUTES. JULY 27, 2020 CITY COUNCIL MEETING AND JULY 28, 2020 SPECIAL CITY COUNCIL MEETING.
Documents:

  1. 07-27-2020.PDF
  2. 07-28-20 SPECIAL CITY COUNCIL MEETING.PDF

Approved 7-0.

3. FINALIZATION AND APPROVAL OF CONSENT AGENDAS. CITIZENS WISHING TO SPEAK TO OR REMOVE ITEMS FROM THE CONSENT AGENDAS MUST NOTIFY THE CITY CLERK BY 5:00 P.M. ON FRIDAY, AUGUST 7, 2020.

Council Bill 2020-191 is being removed from the agenda and becoming 30.1.

Approved 7-0.

5. CITY MANAGER REPORT, PUBLIC HEALTH DIRECTOR REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETINGS.

Springfield Greene County Health Department Director Clay Goddard addresses Council with an update. 1,584 laboratory confirmed cases are in the county.

A 26% increase in cases have been seen in the last week. If you remove cases from institutional settings, like jails or long term care facilities, that percentage decreases to 8%.

“We’re continuing to see an increase and I’m not happy about that,” Goddard said.

Goddard said the masking ordinance was aimed at helping control the spread of the disease, and that 8% growth is showing that it’s working because the increases are far below that of surrounding areas.

The department is able to contact all cases within 48 hours again, and are tracking toward returning to their “gold standard” of 24 hours.

Goddard shared the two deaths today: a woman in her 90s and a man in his 50s, all with underlying medical conditions.

Mayor McClure asked about CARES money from the county. Goddard said the health committee is meeting tonight and hopes to disburse money by the end to the week.

Councilman Simpson asked about COVID at the jail. Goddard said he’s working with the jail, and institutional situations provide special challenges because of the nature of their makeup.

City Manager Jason Gage said the city is waiting for results from the county to certify the passage of the payday loan fee.

Planners from Chicago working with the city on the Forward SGF plan are unable to come to the city because of COVID-19.

6. SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On.
7. Council Bill 2020-175 (Schilling)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 5 acres of property generally located at 3146 South Golden Avenue from GM, General Manufacturing to O-1, Office District; establishing Conditional Overlay District No. 188; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: OIP Golden, LLC; 3146 South Golden Avenue; Z-16-2020 w/COD #188.)

Documents:

2020-175.PDF

Passes 8-0.

Councilman Mike Schilling has arrived.

8. Council Bill 2020-176 (Council)
A general ordinance amending the Springfield City Code Chapter 74, ‘Nuisance and Housing Code,’ Article I, ‘In General,’ Section 74-1, to redefine ‘Lead-bearing substance’ and ‘Lead hazard’ to cross-reference definitions in state law, and Article IV, ‘Lead Poisoning,’ Section 74-171, to replace “elevated blood lead toxicity” with “lead poisoning,” and Section 74-178, to delete “lead toxicity” as redundant to “lead poisoning.”
Documents:

2020-176.PDF

Councilwoman Ferguson thanked staff for their efforts on the bill.

Passes 8-0.

9. Council Bill 2020-177 (Lear)
A special ordinance declaring the necessity of condemning rights-of-way over, under, and through the properties herein described for the purpose of constructing and maintaining sanitary sewers in the Hunt Branch Trunk Sewer Project, #5PW5716; and authorizing certain officers, or their designees, to do all things necessary to carry out the terms of this Ordinance.
Documents:

2020-177.PDF

Passes 8-0.

10. Council Bill 2020-178 (Ferguson)
A special ordinance approving the plans and specifications for the West Meadows Trail and Parking Lot Improvements, Plan No. 2018PW0077; accepting the bid of Emery Sapp & Sons, Inc., in the amount of $405,508.60, for construction of said project; and authorizing the City Manager, or his designee, to enter into an agreement with such bidder.
Documents:

2020-178.PDF

Passes 8-0.

11. RESOLUTIONS. Citizens May Speak. May Be Voted On.


12. Council Bill 2020-180 (Simpson)

A resolution declaring an intent to initiate the annexation of approximately 45 acres of private property generally located at 6177 South Farm Road 189. (Staff recommends approval.) (By: Frank J. and Kimberly L. Steed; 6177 S. Farm Road 189; A-4-2020.)

2020-180.PDF

Mary Lilly Smith addresses Council. This initiates the annexation process.

Passes 8-0.

13. Council Bill 2020-194 (McClure)
A resolution establishing the “Forward SGF – Commercial Street Advisory Team” for the purpose of providing additional citizen engagement and participation during the City’s comprehensive planning process.
Documents:

2020-194.PDF

Passes 8-0.

14. Council Bill 2020-195 (McClure)
A resolution establishing the “Forward SGF – Downtown Advisory Team” for the purpose of providing additional citizen engagement and participation during the City’s comprehensive planning process.
Documents:

2020-195.PDF

Passes 8-0.

19. COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On.
20. Council Bill 2020-181 (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 5.3 acres of property generally located at 410, 414, and 430 North Boonville Avenue, 310 East Phelps Street, and 405 North Jefferson Avenue from HM, Heavy Manufacturing District, to CC, Center City District; establishing Conditional Overlay District No. 187; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: Missouri State University and Vecino Group; 410, 414 and 430 N. Boonville Avenue, 310 E. Phelps Street and 405 N. Jefferson Avenue; Z-12-2020 w/COD #187.)
Documents:

2020-181.PDF

Mary Lilly Smith said this is to rezone part of the Idea Commons project.

Public hearing closed. Vote in two weeks.

21. Council Bill 2020-182 (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 1.08 acres of property generally located at 618 North Benton Avenue from HM, Heavy Manufacturing District, and GI, Governmental and Institutional Use District, to CC, Center City; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: Advocates for a Health Community Inc.; 618 North Benton Avenue; Z-15-2020.)
Documents:

2020-182.PDF

Mary Lilly Smith said this is to rezone part of the Jordan Valley Health Center project.

Public hearing closed. Vote in two weeks.

22. Council Bill 2020-183 (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 10.41 acres of property generally located at 3221 West Kearney Street from HC, Highway Commercial District to R-MD, Medium-Density Multifamily Residential District; establishing Conditional Overlay District No. 186; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval.) (By: Agron H. & Lele L. Selencia; 3221 West Kearney Street; Z-13-2020 w/COD#186.)
Documents:

2020-183.PDF

Public hearing closed. Vote in two weeks.

23. Council Bill 2020-184 (Ferguson)
A special ordinance granting Conditional Use Permit No. 445 for the purpose of authorizing a warehousing and storage facility to operate within the CS, Commercial Service District generally located at 2706 West Chestnut Expressway as a conditional use. (Staff and Planning and Zoning Commission recommend approval.) (By: MOCAL Investment Company, LLC; 2706 West Chestnut Expressway; Conditional Use Permit 445.)
Documents:

2020-184.PDF

Public hearing closed. Vote in two weeks.

24. Council Bill 2020-185 (Schilling)
A special ordinance vacating the public street of South Crenshaw Road between South Kissick Avenue and East Ridgecrest Street; and declaring the public interest requires such vacation despite the objections thereto. (Staff and Planning and Zoning Commission both recommend approval.) (By: City of Springfield; Crenshaw Road between South Kissick Avenue and East Ridgecrest Street; Vacation 819.)
Documents:

2020-185.PDF

Mary Lilly Smith informs council it’s an appeal of a decision of the Planning and Zoning Commission. Crenshaw Road bisects City Utilities’ property. The road is not necessary for the city’s road system. Neighbors around the property filed an objection.

Doug Hayes addresses Council. He has a business in the area. He says that his customers will now have to drive through “two dangerous intersections.”

Chris Jones addresses Council. He works for City Utilities. He said the building of Ridgecrest Street was done to allow for vacation of the Crenshaw Road.

Because the power plant is no longer run 24/7, this will allow for increased security of the site.

Ruth Sebold addresses Council. She has lived near the power plant for over 50 years. She is worried someone could get into a car wreck near the intersection.

Jessie Price addresses Council. She has lived near the power plant since 1970. She wants the road to stay open.

Public hearing closed. Vote in two weeks.

25. Council Bill 2020-186 (Schilling)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 1.04 acres of property generally located at 1738 West Sunshine Street from R-TH, Residential Townhouse District to LB, Limited Business District; and adopting an updated Official Zoning Map. (Staff recommends approval and Planning and Zoning Commission recommends denial.) (By: Sunshine TP LLC; 1738 West Sunshine Street; Z-14-2020.)
Documents:

2020-186.PDF

Planning and Zoning recommends denial.

Public hearing closed. Vote in two weeks.

26. Council Bill 2020-187 (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 4.2 acres of property, generally located at 3503, 3521, 3527, and 3535 South Lone Pine Avenue from R-SF, Single-family Residential, GR, General Retail, and LB, Limited Business District to Planned Development No. 374; and adopting an updated Official Zoning Map. (Planning and Zoning Commission and Staff recommend approval.) (By: Elevation Enterprises, LLC; 3503, 3521, 3527, and 3535 South Lone Pine Avenue; Planned Development 374.)
Documents:

2020-187.PDF

18 speakers have signed up, so based on Council rules the time limit is 3 minutes per speaker.

The mayor asked if someone’s point of view has been expressed to note that and go on.

Brett Stephens, architect for the project, addressed Council. He told Councilman Simpson that all of the issues raised in 2018 has been resolved. He told Councilman Hosmer that their construction is within other precedent in the area.

He noted opponents said they have a survey of 300-ish residents, but that he was never given the option to take the survey and neither were thousands of other Springfieldians.

Ryan Phillips addresses Council. He is with the design group and he’s laying out to Council the design strategy.

He said that the community wanted the older buildings kept and the plan was developed to do this, even though the buildings are in need of significant rehabilitation before they could be used by current businesses.

Councilman Hosmer asked how far the five story building is from Lone Pine and the developer said it’s over 200 feet. The developer said it’s actually more like a four story building with a basement. Councilman Hosmer asked how that compares to other properties and the developer said the buildings around 60 feet high, like other structures.

Jane Earnhart addresses Council. She is an architect with the project.

Bailey Irvine addresses Council. She lives in the area. She wants to see the project go forward “so that others can experience what I do living in Galloway.”

Matt O’Reilly addresses Council. He does not live in Galloway. He is against the development. He is a rival developer.

Christina Bustamante addresses Council. She is an architect but not on this project. She did not state if she is a resident of that area. She said she worked on developing policies for that area.

Earl Newman addresses Council. He does not live in Galloway. He is a retired traffic engineer. He says the traffic impact on the area on a daily basis was reduced by 300 per day. Reduced peak traffic by 60 in the morning, and 40 in the evening.

Melanie Bock addresses Council. She is president of the Galloway Village Neighborhood Association. She is against the measure, and said has been against development for years. She claims it’s not about wanting to stop any change.

David Evans addresses Council. He said he grew up in the neighborhood but did not state if he still lives in the area. He said he’s been excited to see development in the area, and he thinks the development would be good for the community.

“It would be hard to find a developer to jump through this many hoops to please this many people,” Evans said.

Brian Bevill addresses Council. He owns The Pitch pizza restaurant and a food truck in the Galloway area. He supports the project and says it will improve the area.

Jeffrey Haines, owner of Sequiota Properties, addresses Council. He owns the property south of the development. He is against the measure.

“This business plan is broke and was broke from the beginning,” Haines said.

He says you can’t access Lone Pine or Galloway without driving through his property.

He says he shares an easement with the developer which he thinks it’s big enough “to get a fire truck up.”

Staff informed Councilman Hosmer that there are multiple points of access to the property, so that the claims that all traffic would have to go through down the easement is not accurate. Staff said the size of the easement is about 17 feet. A typical driveway is about 20 feet wide.

Haines says you can’t expect people to not use his parking lot. He claims that people wouldn’t be using the other access points.

Rhett Smiley addresses Council. He owns two commercial properties in Galloway. He knows the developer and is supportive of the project. He said the developer has been cooperative with the people who have been commenting negatively about the project.

Wendy Huscher addresses Council. She is the treasurer of the Galloway Village Neighborhood Association. She wanted Council to notice the developer isn’t from around Galloway. She claims that no one she’s talked to is in favor of the project.

Allan Kunkel addresses Council. He did not say if he lives in Galloway. He said that economic development is vital to the city and this development has met every requirement the city has set for such a project. He said it his multiple goals of City Council.

Neil Brady addresses Council. He did not say if he lives in Galloway. He said the developer has met the requirements of the city and should move forward. He is another area development.

“We are either open to new business development or we’re not,” Brady said.

Tom O’Connell speaks to Council. He lives in the area. He is against the development. He says he just wants tasteful development.

“This is not a compromise,” he said. “This does not belong in Galloway.”

Marcie Kirkup addresses Council. She is part of the Neighborhood Association and is against the development.

Duane Johnson addresses Council. He lives in the Galloway area. He is against the measure, and wants to see the area keep the “Galloway feel.” He says he wants development that looks like what’s there.

Councilman McGull moves to hold the public hearing open until the next Council meeting to allow more people to comment.

Motion to keep hearing open passes 8-0. The public hearing will continue at the next meeting. Those who spoke tonight are ineligible to speak at the August 24 meeting on this topic.

The Mayor recessed the meeting until 10 p.m..

The mayor brings the Council back into session at 10:01 p.m..

27.FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.
28. Council Bill 2020-188 (Lear)
A special ordinance authorizing the City Manager, or his designee, to accept equipment with a value of $39,447.92 provided through the State Homeland Security Grant Program which is necessary to sustain capabilities for response to explosive device incidents by the Springfield Fire Department Bomb Squad; and declaring that this Ordinance qualifies for approval in one reading.
Documents:

2020-188.PDF

Fire Chief David Pennington said the bomb squad not only serves the city but the region.

A one reading bill, it passes 8-0.

29. Council Bill 2020-189 (McClure)
A general ordinance amending the Springfield City Code, Chapter 106, ‘Traffic and Vehicles,’ Article I, ‘In General,’ by repealing Section 106-24, ‘Protective Headgear for Persons Riding Motorcycles and Motortricycles,’ due to preemption by state law.
Documents:

2020-189.PDF

The Missouri Legislature passed a law making riding without a helmet legal, and making it illegal for cities to pass a law requiring them.

Councilman Lear asked what would happen if the Council did not act. City Attorney Lousader said there is a law in Missouri that local ordinances have to be in line with state law.

Councilman Hosmer said he looked at the bill and asked if there was any challenge to the law as being unconstitutional for covering multiple items in one bill. City Attorney Lousader said the bill appears to be entirely about transportation, so it would be legal.

Vote in two weeks.

30. Council Bill 2020-190 (Hosmer)
A special ordinance amending the General Fund budget for the City of Springfield, Missouri, for Fiscal Year 2020-2021, by appropriating a portion of the Fiscal Year 2018-2019 carryover funds and increasing expenses in the amount of $175,000.00, for special election costs related to the fee for a Short-Term Loan Establishment permit.
Documents:

2020-190.PDF

Public hearing closed. Vote in two weeks.

30.1 Council Bill 2020-191 (Schilling)
A special ordinance authorizing the Director of Planning and Development and the City Clerk to sign the Plat of the Administrative Subdivision of Kansas at Grand Phase 2 with a Subdivision Variance, generally located at 1720 West Grand Street, upon compliance with all the terms of this Ordinance. (Staff and Planning and Zoning Commission recommend approval.) (McKeen Trust; 1720 West Grand Street, Kansas at Grand Subdivision Phase 2 Replat, submitted with a variance.)
Documents:

2020-191.PDF

Public Hearing closed. Vote in two weeks.

He

Heather Dietz addresses Council. She’s complaining about the mask ordinance with the same talking points that had been given to Council by dozens of other speakers.

Tim Havens addresses Council. He’s bringing up racial issues.

32. 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 on a 7-1 vote with Hosmer (as usual) voting no.

Thanks for joining us! See you in two weeks.

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