City Council Meeting Minutes
March 10, 2014

Approved Minutes Archive

Note: Official minutes of the most recent meeting may be obtained by contacting the City Clerk's office.


The City Council met in regular session March 10, 2014 in the Council Chambers at Historic City Hall. The meeting was called to order by Mayor Robert Stephens. A prayer was given by Doug Burlison.

Roll Call

Present: Jan Fisk, Cindy Rushefsky, Craig Hosmer, Doug Burlison, Jeff Seifried, Mike Carroll, Jerry Compton, and Robert Stephens. Absent: Craig Fishel.

Minutes

The minutes of February 24, 2014 were approved as presented.

Consent Agenda

The Consent Agendas were finalized and approved as amended.

Brenda Cirtin, City Clerk, informed Council that Council Bill 2014-036 would be removed from Consent Agenda Second Reading Bills. She noted Council Bill 2014-036 would become Item #14.5 under Second Reading Bills.

Ms. Cirtin also informed Council that Council Bill 2014-039 would be removed from Consent Agenda Second Reading Bills. She noted Council Bill 2014-039 would become Item #12.5 under Second Reading Bills.

CEREMONIAL MATTERS.

Brenda Cirtin, City Clerk, swore in David Knox to serve as a member of the Mayor’s Commission on Human Rights and Community Relations.

Recognizing: Tri Minh Nguyen

Sponsor: Seifried. Council Bill 2014-052. A resolution recognizing Tri Minh Nguyen for 27.7 years of dedicated service as an employee of the City of Springfield.

Doug Burlison read the resolution in its entirety. Zim Schwartze, Director of Emergency Communications, expressed her appreciation to Mr. Nguyen for his many years of dedicated service.

Council Bill 2014-052. Resolution 10110 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE FEBRUARY 24, 2014 MEETING:

Greg Burris, City Manager, responded that all questions had been answered. Mr. Burris noted City Utilities was awarded the Missouri Parks and Recreation Association’s prestigious Citation Award for their many years of partnership with the Springfield Greene County Park Board. He also thanked CU employee Jeff Berning for his quick action on March 6, 2014. He added Mr. Berning was integral part of finding a little boy who had been kidnapped. Mr. Burris noted Moody’s Investor Service affirmed the City’s general obligation rating. He added in their report they noted Springfield’s strengths as a sizeable tax base which serves a regional economic hub for southwest Missouri, the significant institutional presence of Missouri State University, and the City’s satisfactory reserves and liquidity. Mr. Burris noted their report also mentioned the continued strengthening of the Police-Fire Pension Fund. He added the solid rating received will allow the City to sell bonds at a lower interest rate than other cities that do not have a strong rating, which allows the City to devote more taxpayer dollars to capital projects and spend fewer dollars paying interest. Mr. Burris congratulated Fire Chief David Hall for being accepted into the Executive Leaders Program through the Center for Homeland Defense Studies through the United States Navy. Mr. Burris also congratulated the City’s Public Information Department who received nine awards at the 35th annual American Advertising Federation of the Ozarks (Addy) awards. Mr. Burris noted that thanks to the generosity of more than 100 donors the City is going to be able to bring back the iconic Red’s Giant Hamburg sign as a feature in the new Route 66 Roadside Park, located between Grant and Kansas, off the old Route 66. Jason Graf, CEO of Crowdit, formally presented the City with the check.

Mayor Pro Tem Seifried moved to amend the agenda to add Council Bill 2014-066 under Resolutions. Councilman Burlison seconded the motion and it was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

The following bills appeared on the agenda under Second Reading Bills:

Amending Urban Conservation District No. 2

Sponsor: Rushefsky. Council Bill 2014-033. A general ordinance amending Urban Conservation District No. 2 and General Ordinance Nos. 3645 and 5083, related to Area D, locally known as the National Avenue Corridor Area of the Rountree Urban Conservation District, and the Land Development Code, Section 1-1600, Zoning Maps, by rezoning an area generally consisting of the properties on the east side of the 600 to 900 blocks of South National Avenue. (Planning and Zoning Commission and staff recommend approval.) (By: Executive Board of Missouri Baptist Convention c/o Tim Leek; East side of the 600-900 blocks South National Avenue; Z-4-2014.)

Councilwoman Rushefsky moved to amend Council Bill 2014-033, Exhibit B, by substituting a new Exhibit B, which said legal description shall include only the property addressed as 844-920 South National Avenue between Page and Belmont Streets, and to amend Exhibit C, Section 7, Area D Regulations, paragraph C Conditional Uses Subparagraph 10 by inserting the words “located along South National Avenue between Page and Belmont Streets” between the words “structure” and “at the”. Mayor Pro Tem Seifried seconded the motion and it was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Amended Council Bill 2014-033. General Ordinance 6103 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Use Permit 410

Sponsor: Rushefsky. Council Bill 2014-034. A special ordinance authorizing the issuance of "Use Permit 410" to permit a retail sales use at 852 South National Avenue within the Rountree Urban Conservation District No. 2, Area D, on certain conditions. (Planning and Zoning Commission and staff recommend approval.)

Council Bill 2014-034. Special Ordinance 26383 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Rezoning: 934 East Webster Street

Sponsor: Burlison. Council Bill 2014-037. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.61 acres of property, generally located at 934 East Webster Street, from R-SF, Single-Family Residential District, and Planned Development District No. 38 to a Planned Development District No. 344. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Timmons Temple Church of God; 934 East Webster Street; Planned Development 344.)

Councilman Compton expressed concern regarding the proposed project. He noted he does not believe sufficient input has been received from the Landmarks Board. Councilman Compton expressed his belief that the proposed should be tabled for additional review.

Councilman Compton moved to table the proposed for two weeks for additional review. Councilwoman Rushefsky seconded the motion and it was discussed.

Councilman Carroll expressed opposition to tabling the proposed. He expressed his belief that the owner is selling the property and currently under contract and they deserve an answer. He noted he would be voting “no” on the motion.

Mayor Pro Tem Seifried expressed the same concerns as Councilman Carroll. He noted this is not a new issue and the proposed property has been for sale for quite some time.

Councilwoman Rushefsky noted once the building has been torn down there will be no opportunity to reconsider the decision or to determine what might have been done differently or better. She expressed her support of tabling the proposed for two weeks. Councilwoman Rushefsky expressed her belief that the proposed is an essential part of the community’s history and cannot be replaced once it’s gone.

Councilman Burlison asked what the potential negative impact would be on the project if the proposed was tabled two weeks. Reverend Appleby, the owner of the proposed property, responded they have done everything they were supposed to and this has been a very lengthy process that they would like to get completed as soon as possible. He added a delay could “kill” the entire process.

Mayor Pro Tem Seifried asked Reverend Appleby if there had been a “for sale” sign on the property and for how long. Reverend Appleby responded the sign had been on the property since February 2013. Mayor Pro Tem Seifried asked how many people from the neighborhood helped contribute to the maintenance of the property. Reverend Appleby responded no contributions were received. He added the people who are now showing a great interest in the property have not shown any concern before.

Councilman Compton asked for clarification regarding greenspace. Mr. Rognstad pointed out the greenspace areas on the overhead map.

Mayor Pro Tem Seifried asked if the property to the north still meets the greenspace requirements. Mr. Rognstad responded it meets the requirements of what is required for apartments, which is 20%.

The motion to table failed due to the following vote: Ayes: Compton, Rushefsky, and Hosmer. Nays: Fisk, Burlison, Seifried, Carroll, and Stephens. Absent: Fishel. Abstain: None.

Councilwoman Fisk expressed her belief that the proposed will greatly benefit the area by allowing students to live close to campus and safely walk or bike to class. She also expressed her hope that this will be a “wake-up call” for preservation in the City by letting people know that they must organize and try to buy historic structures and preserve them as needed. She expressed her belief that coming forward at such a late date is very unfortunate.

Councilman Compton noted he was having a difficult time supporting the proposed because its too dense and the developer hasn’t found a way to preserve or adapt to reuse the existing structure.

Mayor Pro Tem Seifried noted this is a private land deal where all parties have met the necessary requirements. He expressed his hope that the developer will find some way to preserve the chapel, perhaps moving it into the park.

Mayor Stephens expressed his belief that trying to get involved in something like this three days prior to a vote is just too late.

Council Bill 2014-037. General Ordinance 6104 was approved by the following vote: Ayes: Fisk, Hosmer, Burlison, Seifried, Carroll, and Stephens. Nays: Compton and Rushefsky. Absent: Fishel. Abstain: None.

Rezoning: 1800 West Republic Street

Sponsor: Compton. Council Bill 2014-038. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 20 acres of property, generally located at 1800 West Republic Street, from a GR, General Retail District, and R-SF, Single-Family Residential District, to a GR, General Retail District, and establishing Conditional Overlay District No. 66. (Planning and Zoning Commission and staff recommend approval.) (By: Groover and Warner Trust; 1800 West Republic Street; Z-1-2014 & Conditional Overlay District No. 66.)

The public hearing was held over from the last Council meeting.

An opportunity was given for citizens to express their views.

Geoff Butler, representative for the applicant, spoke in support of the proposed. He noted the proposed consists of two tracts of land that are ten acres each. One parcel is already zoned general retail, the other is zoned single-family. He added two sites are being considered for the new Veteran’s Affairs (VA) clinic. This is one of the sites. Mr. Butler noted the parcel on the south side needs to be rezoned to allow for parking on that tract. He added the VA will not be able to choose a site unless all the “ground work” is done; therefore, all of the rezoning needs to be done so they can make a choice. Mr. Butler noted there is a natural bufferyard between the residential area and any uses on the proposed property. He added if the VA chooses this property the clinic will go on the front parcel and the back parcel will be used for parking and stormwater.

Councilman Compton asked Mr. Butler if it would possible to get a commitment from the applicant to work with the City regarding stormwater improvements for the proposed property. Mr. Butler responded there are currently three national developers making proposals for the VA clinic and he can’t speak for any of them at this point. He added the current property owner is trying to position the property to sell. Mr. Butler added that he does not know of any developers that wouldn’t be willing to work with the City on a public-private partnership for improvements.

Councilman Compton asked if the proposed fails, would the opportunity for the VA clinic coming to Springfield be lost. Mr. Butler responded the VA would then be down to one possible site, which could cause them to go somewhere else.

Alan Zablocki spoke in opposition of the proposed. He noted he has many concerns about the proposed project. He added one of those concerns is flooding. Mr. Zablocki noted he’s lived in that neighborhood for eleven years and the flooding has gotten worse each year. He added he is also concerned about the topography of sinkholes and water quality.

Don Stewart spoke in opposition of the proposed. He expressed concern that the proposed water culvert will be under the road he built to go onto his property.

With no further appearances, the discussion was closed.

Councilwoman Rushefsky expressed concern about the significant water issues on the proposed property.

Councilwoman Rushefsky moved to table the proposed for two weeks for additional review. Councilman Burlison seconded the motion and it was discussed.

Mayor Pro Tem Seifried expressed support of the motion. He noted he would like to hear what staff has to say and err on the side of caution.

Councilman Compton expressed support of the motion. He asked Mr. Butler if the delay would harm the proposed project. Mr. Butler responded in the negative, adding the developers are anxious, but a delay should not “kill” the deal.

The motion to table was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, and Compton. Nays: Stephens. Absent: Fishel. Abstain: None.

Surplus Fund Balance

Sponsor: Carroll. Council Bill 2014-039. A special ordinance amending the General Fund budget for the City of Springfield, Missouri, for Fiscal Year 2013-2014, by appropriating the surplus fund balance and increasing expenses in the amount of $1,431,686.

Brenda Cirtin, City Clerk, noted there was a scrivener’s error in the exhibit in the proposed bill. She noted the error was corrected and a memo was sent to Council with the correction. With no objection from Council, the exhibit was amended.

Council Bill 2014-039. Special Ordinance 26384 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Special Obligation Bonds

Sponsor: Stephens. Council Bill 2014-040. A special ordinance authorizing and directing the issuance, sale and delivery by the City of Springfield, Missouri of Special Obligation Refunding Bonds, Series 2014A in a principal amount not to exceed $15,000,000 for the purpose of providing funds to refund the Series 2002 Refunded Bonds and the Series 2004 Refunded Bonds (as defined below); authorizing and approving certain documents in connection with the issuance of the Bonds; authorizing certain other documents and actions in connection therewith; and declaring an emergency.

Council Bill 2014-040. Special Ordinance 26385 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Qualifications of Liquor Licenses

Sponsor: Fisk. Council Bill 2014-041. A general ordinance amending the Springfield City Code, Chapter 10, Alcoholic Beverages, Article II, Licenses, by amending Section 10-33, Qualifications of licensees; Section 10-37, Premises near schools, parks or churches; and Section 10-63, Minimum distance between licensed premises.

Councilwoman Rushefsky expressed her belief that the proposed would be a “serious mistake” because it would increase the alcohol density in the downtown area. She also expressed her belief that the Commercial Street experience is distinct from the downtown area.

Mayor Pro Tem Seifried expressed his belief that the spirit of the proposed is a move in the right direction. He also expressed his belief that the proposed will not cause a massive influx of new bars.

Council Bill 2014-041. General Ordinance 6105 was approved by the following vote: Ayes: Fisk, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: Hosmer and Rushefsky. Absent: Fishel. Abstain: None.

Rezoning: 4228 South National Avenue

Sponsor: Fishel. Council Bill 2014-036. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 7.627 acres of property, generally located at 4228 South National Avenue, from a Planned Development District No. 84, 2nd Amendment, to a GR, General Retail District. (Planning and Zoning Commission and Staff recommend approval.) (By: AGI Acquisition IV, LLC; 4228 South National Avenue; Z-03-2014.)

Councilwoman Rushefsky noted she asked for the proposed to be removed from the Consent Agenda. She expressed concern regarding separating out the greenspace into a separate parcel from the development. Mr. Rognstad responded by pointing out the location of the proposed project on the overhead map.

Council Bill 2014-036. General Ordinance 6106 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

The following bills appeared on the agenda under Resolutions:

Liquor License: Dunlop Foods

Sponsor: Compton. Council Bill 2014-053. A resolution granting a new liquor license that includes Sunday sales to Dunlop Foods, LLC. dba McSalty’s (Midtown), located at 307 South Jefferson Avenue, Springfield, Missouri.

Nancy Yendes, Assistant City Attorney, gave a brief overview of the proposed. She noted the proposed is a typical resolution to approve a liquor license based on spacing. She added the proposed is near Missouri State University and they are not objecting to the proposed.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2014-053. Resolution 10111 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Liquor License: Thomas & Pritchett, LLC

Sponsor: Compton. Council Bill 2014-054. A resolution granting a liquor license to Thomas & Pritchett, LLC. dba 307, located at 307 Park Central East, Springfield, Missouri, to expand their liquor license to include an outdoor patio area in front of the establishment (54 square feet, running east to west on the south side of building).

Nancy Yendes, Assistant City Attorney, gave a brief overview of the proposed. She noted the proposed is a typical resolution to approve a liquor license based on spacing. She added no objections have been received in regards to the proposed.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2014-054. Resolution 10112 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Amendment to Land Development Code Regarding Residential Arrangements

Sponsor: Fishel. Council Bill 2014-066. A resolution initiating an amendment to Article I, Zoning, of the Land Development Code of the City of Springfield, Missouri with respect to the appropriate locations and restrictions on congregate residential arrangements and services for persons on the sexual offender registry and community correctional facilities, adopting an interim management policy with respect to any applications for such uses; directing the City Manager to process, and where necessary, to delay the acceptance and processing of applications for rezoning applications, variances, special exceptions, conditional use permits and building permits for the construction, placement, location and relocation of any such uses, for a period of one hundred and eight (180) days, and to present a report to Council upon such study being completed or the expiration of the specified time period. (Staff recommends approval.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted group homes for mentally and physically handicapped individuals are allowed in single-family residential areas and they can have up to two house parents. He added this is required by State law. Mr. Rognstad noted there was an issue recently in a neighborhood regarding a group home where some of the persons were on the sex-offender registry. He added that issue led staff to look more closely at the current ordinance. Mr. Rognstad noted the way the current ordinance is written if the individuals are on probation or parole it could be defined as a correctional institution and they are only allowed in some of the industrial districts. He added there is currently a clear definition of when a group home becomes a correctional institution. Mr. Rognstad noted the proposed would grant a 180-day delay on permits for correctional institutions as well as any kind of congregate residential arrangement for people who are on the sex offender registry. He added this delay will give staff time to research the issue and present their report to the Plans and Policies Committee for review. Mr. Rognstad noted any applications received within that 180-days would be reviewed.

Councilwoman Rushefsky asked how sex offenders were classified as mentally or physically handicapped. Mr. Rognstad responded they would have to fall into both categories to be classified as both.

Councilman Burlison asked what the proposed resolution would accomplish. Mr. Rognstad responded the proposed would do three things: initiate amendments to the zoning ordinance, directs the City Manager to delay any applications that staff thinks might be in conflict with the ordinance amendments that we’re looking at, and refers the issue to the Plans and Policies Committee for review.

Councilwoman Rushefsky asked what impact the proposed would have on the current group home. Mr. Rognstad responded the proposed wouldn’t have any impact on the current group home.

Mayor Stephens noted Councilman Fishel asked that the proposed be drafted.

Councilman Burlison moved to table the proposed for two weeks for additional review. Councilwoman Rushefsky seconded the motion and it was discussed.

Councilman Compton noted he would not support the motion to table.

Councilwoman Rushefsky expressed support of the motion to table. She noted she prosecuted sex crimes for nine years and has seen many victims. She expressed her belief that there need to be a way to minimize the adverse impact on the community.

Councilman Hosmer asked if the current group home is a State sanctioned facility. Mr. Rognstad responded in the negative. Councilman Hosmer expressed his belief that the current group home isn’t for people with developmental disabilities and being a sex offender is not a disability.

The motion failed due to the following vote: Ayes: Burlison. Nays: Fisk, Rushefsky, Hosmer, Seifried, Carroll, Compton, and Stephens. Absent: Fishel. Abstain: None.

Councilman Compton asked staff and the Plans and Policies Committee to review the group home concept in general.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2014-066. Resolution 10113 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

EMERGENCY BILLS

PUBLIC IMPROVEMENTS

GRANTS

Airport Aid Agreement with MHTC

Sponsor: Stephens. Council Bill 2014-055. A special ordinance authorizing the City Manager, or his designee, to execute a Supplemental Agreement to Airport Aid Agreement between the City and the Missouri Highways and Transportation Commission (MHTC) providing for grant funds under Section 305.230, RSMo., to the City, by and through the Springfield-Branson National Airport (Airport) in the amount of $5,090,060 to pay for the General Aviation Apron Re-construction at the Airport, and amending the budget of the Airport in the amount of $5,090,060.

Brian Weiler, Director of the Airport, gave a brief overview of the proposed. He noted the proposed grant would allow the airport to dramatically change the look and feel of the east side of the airport commonly known as the old part of the airport, where the old terminal was located. He added planning for the proposed project began two years ago, with three basic goals in mind: remove the outdated facilities, improve the airport entrance, and create a new hangar development area. Mr. Weiler noted a design grant was received in 2012 for this project. He added the proposed grant will be for Phase 1 construction. Mr. Weiler noted the grant funding source for the proposed comes out of the State Aviation Trust Fund which derives revenue solely from fuel taxes on aviation fuel sold in the State of Missouri.

Mayor Pro Tem Seifried expressed his appreciation to staff for their work on the proposed.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2014-055. Special Ordinance 26386 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

MDNR Grant – South Creek Restoration Project

Sponsor: Carroll. Council Bill 2014-056. A special ordinance authorizing the City Manager, or his designee, to accept federal grant funds in the amount of $715,000 from the Missouri Department of Natural Resources (MDNR) through the Section 319 Nonpoint Source Pollution Grant Program for the South Creek Restoration Project; to exercise any and all powers to obtain such funding and carry out the identified activities; and amending the budget of the Department of Public Works, for Fiscal Year 2013-2014, in the amount of $715,000 to appropriate the grant funds.

Errin Kemper, Assistant Director of Environmental Services, gave a brief overview of the proposed. He noted the proposed grant would allow for the restoration of approximately one mile of South Creek from Kansas Expressway to Campbell Avenue. He pointed out the location on the overhead map. Mr. Kemper noted the proposed project will include the removal of the low flow channel as well as trees, shrubs, and other plantings to help restore South Creek to a more natural condition. He added the goal is to improve aquatic habitat, the greenway trail, and public information and outreach. Mr. Kemper noted the proposed project will include pre and post-monitoring of water quality to monitor the success of the improvements. He added they will partner with the Department of Conservation and Ozark Greenways and will use a construction contractor to do the dirt work and remove the concrete channel, but use volunteers to plant the native grasses and shrubs. Mr. Kemper noted the proposed grant requires a 40% match from the City. He added that match will come from ¼-cent sales tax monies and the inkind efforts from volunteers.

Councilman Compton asked if the trail through the proposed would be relocated. Mr. Kemper responded in the negative, adding that although it’s still in the design process, he expects the trail to stay where it is.

Councilman Burlison asked if the proposed would “empty” into the lake at Nathaniel Greene Park. Mr. Kemper responded affirmatively.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2014-056. Special Ordinance 26387 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

AMENDED BILLS

The following bills appeared on the agenda under Public Hearing Bills:

Amending Zoning Ordinance – Change Bufferyard Requirements

Sponsor: Hosmer. Council Bill 2014-057. A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, Section 6-1200, Division VI, Design and Development Standards, by amending Sections 6-1208 and 6-1209 of said Division, to provide for a change to bufferyard requirements between some non-residential zoning districts, alternatives for perimeter landscaping, and allow a reduction in required open space for alternative green building practices. (The Planning and Zoning Commission and staff recommend approval.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed amendments were originated by staff because as the development process was completed on different sites there were some issues found that needed to be addressed. He added there are three amendments included in the proposed: changes to bufferyard requirements between some non-residential zoning districts, alternatives for perimeter landscaping (he pointed out these alternatives on the overhead map), and a reduction in required open space for alternative green building practices.

Mayor Pro Tem Seifried expressed his appreciation to staff for their work on the proposed.

An opportunity was given for citizens to express their views. With no appearances, the public hearing was closed.

FIRST READING BILLS

UNFINISHED BUSINESS

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

Edgar Hagens addressed Council regarding parking concerns he has around his business located downtown.

Mayor Stephens asked Greg Burris, City Manager, to look into Mr. Hagens concerns.

Shelly Sanders addressed Council regarding concerns she has about the “group home” located in her neighborhood. She noted she was not aware the issue was going to be on the agenda this evening or she would have spoken then. Ms. Sanders expressed concern that such a “home” shouldn’t be allowed in a residential area. She expressed her belief that the aforementioned group home is in violation of Megan’s Law which requires all sex offenders to be registered with the Highway Patrol in the state they reside in within 24 hours of relocating. She also expressed her belief that the group home is in violation of the Walsh Act of 2006, which requires all registered sex offenders name and address be listed on the Highway Patrol website. Ms. Sanders noted there are currently eight men living in the home and only five of them are registered at that address. She also expressed concern that it is a violation of Federal law for two convicted felons to associate with each other, let alone live together. She also expressed concern regarding safety issues for the neighborhood. (This “group home” was discussed under Resolutions. It was Council Bill 2014-066.)

NEW BUSINESS.

The Mayor recommended the following appointments to the Traffic Advisory Board: Perry Elkins with term to expire April 1, 2015; Matt Collier with term to expire April 1, 2016; and Buck Van Hooser with term to expire April 1, 2017.

The Mayor recommended the following reappointment to the Traffic Advisory Board: Scott Pearson with term to expire April 1, 2017.

The Mayor recommended the following appointment to the Tree City USA Citizen Advisory Committee: Earl Niewald with term to expire December 1, 2016.

The Public Involvement Committee recommended the following appointment to the Citizens Advisory Committee for Community Development: Diana Day with term to expire May 1, 2017.

The Public Involvement Committee recommended the following appointment to the Landmarks Board: Nancy Crandall with term to expire November 1, 2017.

The Public Involvement Committee recommended the following appointments to the Planning and Zoning Commission: Melissa Cox and David Shuler with terms to expire January 1, 2017.

The Public Involvement Committee recommended the following reappointment to the Planning and Zoning Commission: Jason Ray with term to expire January 1, 2017.

The Public Involvement Committee recommended the following appointment to the Personnel Board: Stephen Makoski with term to expire March 1, 2017.

The Public Involvement Committee recommended the following reappointments to the Personnel Board: Carey Coonis and Thomas Whitson with terms to expire March 1, 2017.

Report on referendum petition filed with City Clerk on February 27, 2014 was presented to Council.

MISCELLANEOUS.

The following bills appeared on the agenda under Consent Agenda First Reading Bills:

MHTC Agreement: Pedestrian Accommodations

Sponsor: Rushefsky. Council Bill 2014-058. A special ordinance authorizing the City Manager, or his designee, to enter into a Municipal Agreement with the Missouri Highways and Transportation Commission (MHTC) for the purpose of constructing pedestrian accommodations along portions of Business Route 65 (Glenstone Avenue), from Walnut Street to Battlefield Road, and along Route D (Sunshine Street), from Glenstone Avenue to Blackman Road, designated as MHTC Job No. J8S3024.

MHTC Agreement: North Jordan Creek Greenway Trail

Sponsor: Seifried. Council Bill 2014-059. A special ordinance authorizing the City Manager, or his designee, to enter into a License Agreement with the Missouri Highways and Transportation Commission (MHTC) to allow users of the North Jordan Creek Greenway Trail (Trail) to cross MHTC property along the Business Loop 44 (Chestnut Expressway) bridge, west of Sherman Avenue.

Intergovernmental Cooperative Agreement: Widen Republic Street

Sponsor: Compton. Council Bill 2014-060. A special ordinance authorizing the City Manager, or his designee, to enter into an Intergovernmental Cooperative Agreement with Greene County, Missouri (County) for the purpose of funding all necessary improvements to widen Republic Street between Golden Avenue and Scenic Avenue (Republic Street Project) to a five-lane curb and gutter section with sidewalks.

Preliminary Plat of Sunshine Crossing

Sponsor: Compton. Council Bill 2014-061. A special ordinance authorizing the Director of Planning and Development to accept the dedication of the public streets and easements to the City of Springfield as shown on the Preliminary Plat of Sunshine Crossing, generally located on the south side of the 3200 to 3300 blocks of West Sunshine 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 the terms of this ordinance. (Planning and Zoning Commission and Staff recommend that City Council accept the public streets and easements.)

Holding and Disposition of Impounded Dogs

Sponsor: Burlison. Council Bill 2014-062. A general ordinance amending the Springfield City Code, Chapter 18, Animals, Article II, Dogs, Cats and Ferrets, Section 18-55, Holding and disposition of impounded dogs, by deleting Section 18-55(3).

The following bills appeared on the agenda under Consent Agenda One Reading Bills:

Historic City Hall Rotunda Windows Project

Sponsor: Seifried. Council Bill 2014-063. A resolution approving the plans and specifications for the Historic City Hall Rotunda Windows project and accepting the bid of Pishny Real Estate Services LLC, dba Pishny Restoration Services for that project.

Council Bill 2014-063. Resolution 10114 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Jordan Valley Exposition Center Roof Repair

Sponsor: Compton. Council Bill 2014-064. A resolution approving the plans and specifications for the Jordan Valley Exposition Center Roof Repair project and accepting the bid of MTS Contracting, Inc., for that project.

Council Bill 2014-064. Resolution 10115 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Upper Ward Branch Stormwater National Plaza Detention Improvements

Sponsor: Fishel. Council Bill 2014-065. A resolution approving the plans and specifications for the construction of Upper Ward Branch Stormwater National Plaza Detention Improvements, Plan Nos. 2013PW0054WE and 2013PW0054S, and accepting the bid of Hartman & Company, Inc., for that project.

Council Bill 2014-065. Resolution 10116 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

The following bills appeared under Consent Agenda Second Reading Bills:

Adopting the Official Zoning Map

Sponsor: Hosmer. Council Bill 2014-031. A general ordinance adopting the Official Zoning Map as provided for in Springfield Land Development Code, Section 1-1600, Zoning Maps, in a digital format and providing for the approved archival form. (Planning and Zoning Commission and Staff recommend approval.)

Council Bill 2014-031. General Ordinance 6107 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Use Permit 409

Sponsor: Fishel. Council Bill 2014-032. A special ordinance authorizing the issuance of "Use Permit 409" to permit a columbarium as an accessory use to a Church located at 2751 East Galloway Street in an R-SF, Single-Family Residential District on certain conditions. (Planning and Zoning Commission and staff recommend approval.)

Council Bill 2014-032. Special Ordinance 26388 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Rezoning: 3326 North Farm Road 143

Sponsor: Seifried. Council Bill 2014-035. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 16 acres of property, generally located at 3326 North Farm Road 143, from an R-SF, Single-Family Residential District to a GI, Governmental and Institutional Use District. (Planning and Zoning Commission and Staff recommend approval.) (By: Springfield-Greene County Parks Board; 3326 North Farm Road 143; Z-2-2014.)

Council Bill 2014-035. General Ordinance 6108 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Accept Additional Funding from Greene County for Public Health Services

Sponsor: Compton. Council Bill 2014-042. A special ordinance authorizing the City Manager, or his designee, to accept additional funding from Greene County for public health services; and amending the budget of the Springfield-Greene County Health Department (SGCHD) for Fiscal Year 2013-2014 in the amount of $126,030 to appropriate the funds.

Council Bill 2014-031. Special Ordinance 26389 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Rearranging Order of Business on the Council Agenda

Sponsor: Council. Council Bill 2014-043. A general ordinance amending the Springfield City Code, Chapter 2, Administration, Article II, City Council, Section 2-38. Order of Business, by arranging the order of business on the Council Agenda to allow the second reading of Council bills for Council discussion and vote to be presented before the first reading of new Council bills not on the consent agenda and opened for discussion.

Council Bill 2014-043. General Ordinance 6109 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Salary Ordinance

Sponsor: Fisk. Council Bill 2014-044. A general ordinance amending Chapter 2, Section 2‑92 of the Springfield City Code, known as the Salary Ordinance, relating to the salary rate and pay grade for various job titles within the City of Springfield (City) for the Springfield-Greene County Health Department, as contained in the Professional, Administrative and Technical (PAT) salary schedules, by adding two new job titles, Animal Shelter Coordinator (PAT 5) and Animal Shelter Assistant (PAT 3).

Council Bill 2014-044. General Ordinance 6110 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

MHTC Road Relinquishment Agreement

Sponsor: Seifried. Council Bill 2014-045. A special ordinance authorizing the City Manager, or his designee, to enter into a Road Relinquishment Agreement with the Missouri Highways and Transportation Commission (MHTC) to accept a quit-claim deed for a parcel of excess right-of-way on Chestnut Street and Sherman Avenue, as a part of the construction improvements to the intersection of Chestnut Expressway and Sherman Avenue, designated as MoDOT Project No. J8P2230.

Council Bill 2014-045. Special Ordinance 26390 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

MHTC Road Relinquishment Agreement

Sponsor: Seifried. Council Bill 2014-046. A special ordinance authorizing the City Manager, or his designee, to enter into a Road Relinquishment Agreement with the Missouri Highways and Transportation Commission (MHTC) to accept a quit-claim deed for two parcels of excess right-of-way on Chestnut Street at Drury Lane.

Council Bill 2014-046. Special Ordinance 26391 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Preliminary Plat of National Commons Condominiums

Sponsor: Fishel. Council Bill 2014-047. A special ordinance authorizing the Director of Planning and Development to accept the dedication of the public streets and easements as shown on the Preliminary Plat of National Commons Condominiums, generally located at 4109 South National Avenue, 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 the terms of this ordinance. (Planning and Zoning Commission and Staff recommend that City Council accept the public streets and easements.)

Council Bill 2014-047. Special Ordinance 26392 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Preliminary Plat of TerraGreen Condominiums

Sponsor: Fishel. Council Bill 2014-048. A special ordinance authorizing the Director of Planning and Development to accept the dedication of the public streets and easements as shown on the Preliminary Plat of TerraGreen Condominiums Phase II, generally located at 2305 South Blackman Road, 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 the terms of this ordinance. (Planning and Zoning Commission and Staff recommend that City Council accept the public streets and easements.)

Council Bill 2014-048. Special Ordinance 26393 was approved by the following vote: Ayes: Fisk, Rushefsky, Hosmer, Burlison, Seifried, Carroll, Compton, and Stephens. Nays: None. Absent: Fishel. Abstain: None.

Council confirmed the following appointment to the Traffic Advisory Board: Julia Gentle with term to expire April 1, 2016.

Council confirmed the following reappointment to the Land Clearance for Redevelopment Authority: Ron Tappan with term to expire March 1, 2018.

With no further business to come before Council, the meeting adjourned at approximately 8:30 p.m.

3/10/14

Brenda M. Cirtin, MMC/MPCC
City Clerk


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