February 11, 2013

                                                          Springfield, Missouri

 

The City Council met in regular session February 11, 2013 in the Council Chambers at City Hall.  The meeting was called to order by Mayor Bob Stephens. A prayer was given by Jerry Compton.

Brenda Cirtin, City Clerk, swore in Mike Carroll to serve as the General Seat D Councilmember.

Roll Call 

Present: Jeff Seifried, Mike Carroll, Scott Bailes, Jerry Compton, Jan Fisk, Cindy Rushefsky, John Rush, Doug Burlison, and Bob Stephens.  Absent: None. 

Minutes

The minutes of January 28, 2013 were approved as presented.

Consent

Agenda

Consent Agendas were approved as presented.

CEREMONIAL MATTERS   

CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE JANUARY 28, 2012 MEETING.

Greg Burris, City Manager, responded all questions had been answered. Mr. Burris welcomed Councilman Mike Carroll. Mr. Burris noted a memo was provided to Council regarding an issue Councilman Burlison mentioned at the last meeting about explosions and fires originating from Springfield Metals.  He added a memo was also sent to Council regarding concerns Mayor Pro Tem Seifried had regarding a “Plan B” for the upcoming mandated stormwater improvements.   Mr. Burris noted Council Bill 2013-015 was amended at the last Council meeting to extend the days a citizen may protest the granting of a license from 15 to 21 days.  He added a sample notification posting sign was sent to Council per the request of Councilwoman Rushefsky.   Mr. Burris noted the Unfunded Environmental Mandate Affordability Task Force made a report and staff from the City, County, and City Utilities worked together to assist the aforementioned task force in developing their recommendations.  He added a letter was sent to the Environmental Protection Agency, Missouri Department of Natural Resources, the Congressional delegation, and State delegation.  Mr. Burris noted staff is waiting for responses from those parties.  Mr. Burris noted the February sales tax revenue check was up 3% compared to budget, and 17% compared to this time last year.  He added year-to-date revenues are 3.1% below budget and 3.8% where they were last year.

Mayor Stephens noted due to the large number of speakers on Council Bill 2013-025, agenda items would be taken out of order this evening.

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

Administrative –Adjudication System

Sponsor: Rush.  Council Bill 2013-026. A general ordinance amending Springfield City Code, Chapter 2, Administration, Section 2-162, pertaining to administrative hearings, to establish an administrative-adjudication system for certain nonmoving, municipal-code violations, pursuant to Section 479.011 RSMo.

Tom Rykowski, Assistant City Attorney, gave a brief overview of the proposed. He noted this bill does not involve red light cameras; however that issue did prompt the proposed changes.  Mr. Rykowski noted the proposed will enact a procedure where people will have an administrative hearing on various municipal violations, all subject to review under the Administrative Procedures Act or judicial review. 

Councilwoman Rushefsky asked for clarification regarding hearing officers.  Mr. Rykowski responded Robert Handley, a former Assistant City Attorney for the City, who is now retired, has been acting in that capacity.  He added this officer position is a contract position.    He added the City Manager selects the officer, with consultation from the City Attorney’s office.

Councilman Burlison asked for clarification regarding how the proposed affects the red light camera issue.  Mr. Rykowski responded the proposed would provide the framework to have hearings relative to red light cameras, but there is nothing in the proposed that “touches” the red light camera issue.

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

The following bills appeared on the agenda under Amended Bills.

Retail Liquor License Conformity

Sponsor: Rushefsky.  Amended Council Bill 2013-015. A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, Division V, Supplemental District Regulations, Section 5-1900, relating to retail liquor license when adjacent to certain residential districts, to modify protest procedures to bring into conformity with state law, provide for exceptions to hearings in limited circumstances, and modify posting requirements.  (Planning and Zoning Commission and Staff recommend approval.)

Greg Burris, City Manager, gave a brief overview of the proposed.  He noted the proposed is identical to the bill before Council at the last meeting, with the exception of the increased days in which a citizen may protest the granting of the license to an establishment.  This time was increased from 15 to 21 days.

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

Amended Council Bill 2013-015.  General Ordinance 6034 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

Gary Horchem addressed City Council regarding bus routes.

Erin Magoon addressed City Council regarding bus routes.

Lonnie Smith addressed City Council regarding a master gas license.  He expressed concern that this license has been denied, even though he has held such a license in another state.

Councilwoman Rushefsky asked for clarification regarding the process and the possibility of a transfer license from one state to another.  Mr. Burris responded to his knowledge there is no such transfer license.  Councilwoman Rushefsky asked that the ordinance regarding this issue be revisited.  Mr. Burris recommended the issue be referred to a Council Committee for additional review. Councilwoman Rushefsky noted she would like to hear from the Building Crafts and Trades Board on this issue, adding that it might not be necessary to refer it to a Council Committee.

Councilman Burlison expressed his appreciation to Mr. Smith for bringing this issue before Council. 

Mayor Pro Tem Seifried noted he would like to see this issue referred to a Council Committee for review.  Mayor Pro Tem Seifried moved to refer this issue to the Plans and Policies Committee for review.  Doug Burlison seconded the motion and it was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

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

Mayor Stephens noted due the large number of speakers for this bill, the public hearing will be reduced to three minutes per speaker.

Rezoning – 444 West Grand Street and 427, 433, 441, 501, 505, 509, and 515 West Normal Street

Sponsor: Compton.  Council Bill 2013-025. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 5.98 acres of property, generally located at 444 West Grand Street and 427, 433, 441, 501, 505, 509 and 515 West Normal Street from an R-HD, High-Density Multi-Family Residential District and an R-SF, Single Family Residential District, to a GR, General Retail District; and establishing Conditional Overlay District No. 54 (Planning and Zoning Commission and Staff recommend approval).  (By:  Calvary Temple Assembly of God etal; 444 West Grand and 427, 433, 441, 501, 505, 509 and 515 West Normal; Z-17-12 & Conditional Overlay District No. 54.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed.  He noted the proposed would rezone two tracts that are currently zoned high-density residential and four tracts that are zoned single-family residential, to a general retail district with a conditional overlay district.  He added the proposed rezoning would allow for any of the uses included in the general retail district, except for the ones that are excluded by the conditional overlay.  Mr. Rognstad noted the conditional overlay includes loading, unloading, security light and camera requirements.  He added it also includes access to Normal Street as a westbound left turn lane on Grand Avenue.  Mr. Rognstad noted with the access to Normal Street there is a requirement for the closure of that street.  He added the proposed use is for a Wal-Mart Neighborhood Market; however, any use in the conditional overlay or in the general retail district is permitted.   Mr. Rognstad displayed a map of the property on the overhead map.  He added the comprehensive plan encourages increased development densities in major intersections at both Campbell Avenue and Grant Avenue and major intersections along Grand Street.  Mr. Rognstad noted the higher density along transit corridors helps the efficiency of the transit system.  He expressed his belief that the proposed will help to bring services and employment closer to where people live.  He added the proposed would also help the City more efficiently provide Fire and Police services.  Mr. Rognstad noted the proposed is consistent with the Comprehensive Plan.  He added if the zoning is approved the developer has to show they can meet all of the development standards.  Mr. Rognstad noted the proposed would allow one driveway to Normal Street.  He added the proposed would close Normal Street with a six-foot concrete island that would allow for emergency access using an OX box where they could unlock the bollards and get through.  He added this would also allow pedestrians in for bicycle circulation.  Mr. Rognstad noted the proposed would allow for two driveways to Grand Street and then a westbound left turn lane would be required to be constructed at the main entrance from Grand Street.  He added there is also the potential for one right in/right out onto Campbell Avenue.  Mr. Rognstad pointed out the potential driveways on the overhead map.  He added the Planning and Zoning Commission and staff recommend approval.

Councilman Burlison asked if any residences would be removed to implement the proposed.  Mr. Rognstad responded affirmatively, adding six or seven.  He noted some of the residences are owned by the church and all parties have agreed to the rezoning proposal. 

Councilman Burlison noted the proposed failed the first time it went to the Planning and Zoning Commission.  He asked what changed between that meeting and the meeting where it was approved.  Mr. Rognstad responded the change was the closure of Normal Street.   Mr. Gugel responded the City provided traffic volumes to the applicant.  He added that the City does not have the staff to be able to do every street every year to get accurate counts; therefore, the traffic volumes provided were a little dated.   Mr. Gugel noted the developer took their first counts at the end of August and then came back and took some supplemental counts in November.  He added the information provided from January weren’t really counts.  Mr. Gugel noted the developer hired a local consultant to do a video of the traffic conditions at Normal Street.  He added the volumes the developer used in their traffic study were based off of their own private counts that they performed in late August and middle November. 

Councilman Bailes asked for clarification regarding who completes the traffic study.   Mr. Gugel responded any applicant for rezoning gets a precursory study by the City.  He added that study is very generic.  Mr. Gugel noted if that generic study shows more than 1,000 additional trips per day, the applicant is tasked with hiring an engineer to do a traffic study and submit that to the Traffic Operations Division for review and comment prior to it being sent to the Planning and Zoning Commission.

An opportunity was given for citizens to express their views. 

The following citizens spoke in support of the proposed:  Keith Hazelwood, Elliott Reed, Lee Cannon, Greg Stellmon, Tom Cedarblom, Nathan Anders, Lathyn Huver, Jimmy Beckett, Bill Hennessy, Rusty Worley, Andrew Giddens, Ellen Wolf, Crystal Kincaid, Ted Cedarblom, James Hennessy, Brandon Cedarblom, Devon Anderson, Ray Cooper, Daniel Espinoza, Leo Crosby, and Heidi Hardy.  They each expressed their belief that the proposed would be beneficial to the neighborhood.  They expressed their belief that it would beautify the neighborhood by removing a dilapidated building, while offering the neighbors a grocery store within walking distance.

The following citizens spoke in opposition of the proposed: Erick Taylor, David Klotz, Heather Kennedy, Christine Schilling, Chandler Craven, Bo Hagerman, James Clary, Scott Youngkin, Samantha Burn, Sophia Parker, Phillip Boepple,

David Patrick, Kathy Egli, Mike Schilling,Vicke Kepling, Chandler Connell, Marla Marantz, Randy Rosebrough, Janette Williams, Phyllis Netzer, Gary Bills, David Weinsaft, Bruno Gargillo, Roger King, Mary Fox, Seth Entwisle, and Jerald Andrews.  They each expressed their concern that the proposed would be detrimental to not only the neighborhood, but also the community.  They expressed their belief that it would hurt the look of the neighborhood, while hurting neighborhood businesses.

Mr. Seifried asked Mr. Reed for clarification regarding the entrances for the proposed store. Mr. Reed pointed out the proposed entrances on the overhead map.

Mr. Burlison asked Mr. Reed for clarification regarding the widening of Grand Avenue.  Mr. Reed responded the developer plans to widen that street to four lanes.

Councilwoman Rushefsky asked for clarification regarding the green space.  Mr. Reed responded that area will be closed off.  He added there will not be an entrance there.

Councilman Rush asked Mr. Reed for clarification regarding the green space and the water retention area of the proposed.  Mr. Reed responded a small basin will be located behind the store.  He added the green space will remain a grass lot.  Councilman Rush asked if the developer planned to develop the green space.  Mr. Reed responded not at this time; however if they decided to develop the green space it would have to go back through this process again.  Councilman Rush asked staff to come up with a creative idea for the green space.

Councilwoman Rushefsky asked Mr. Rognstad if Wal-Mart retained ownership of the green space, could they build on it without necessarily having to come back before Council.  Mr. Rognstad responded affirmatively, adding there would be no restriction on the amount of development that could occur other than what is in the zoning ordinance.  Councilwoman Rushefsky expressed her concern that a gas station could be placed on that green space.

Mayor Pro Tem Seifried asked for clarification regarding the public hearing process in relation to any proposed amendment.  Mayor Stephens responded speakers would be able to speak to the amendment only at the next Council meeting.

Councilwoman Rushefsky moved to modify the proposed Conditional Overlay District to state there will be no building or parking lot placement on the 1.1 acre of green-space detailed in the proposed.  Councilman Rush seconded and it was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Councilman Bailes asked how many traffic impact studies were done each year. Mr. Cannon responded 30-60 studies are done each year.

Councilwoman Rushefsky asked Mr. Taylor how many PriceCutter stores are in Springfield.  Mr. Taylor responded nine.  Councilwoman Rushefsky asked Mr. Taylor if his company did any studies on the impact their stores would have on local markets prior to building.  Mr. Taylor responded his company was a local market. 

Mayor Pro Tem Seifried asked Mr. Klotz for clarification regarding that area being considered downtown.  Mr. Klotz expressed his belief that the area included in the proposed is considered the downtown area.

Councilman Compton asked staff to prepare information for the anticipated changes in traffic impact for Council before the next meeting.

With no further appearances, the public hearing was closed.

The following bills appeared on the agenda under Resolutions.

The following bills appeared on the agenda under Emergency Bills.

The following bills appeared on the agenda under Amended Bills.

 

The following bills appeared on the agenda under Second Reading and Final Passage.

UNFINISHED BUSINESS      

NEW BUSINESS

The Public Involvement Committee recommended the following appointment to the Planning and Zoning Commission:  Gabrielle White with term to expire January 1, 2016. 

The Public Involvement Committee recommended the following reappointment to the Planning and Zoning Commission:  Thomas Baird IV with term to expire January 1, 2016. 

The Public Involvement Committee recommended the following reappointments to the Personnel Board:  Michael Mellinger and Tara Benson with terms to expire March 1, 2016. 

The Public Involvement Committee recommended the following appointment to the Police Officers and Fire Fighters Retirement Board of Trustees:  Paul Carroll with term to expire April 30, 2015. 

The Public Involvement Committee recommended the following reappointments to the Police Officers and Fire Fighters Retirement Board of Trustees:  James Gillette and Marilyn Hill with terms to expire April 30, 2016. 

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

Restrictive Covenant: 1460 E. Walnut Street

Sponsor: Rushefsky.  Council Bill 2013-027. A special ordinance authorizing the Mayor of the City of Springfield, Missouri, to sign a restrictive covenant with Carrie and Chris Eidson, the owners of the historic structure at 1460 E. Walnut Street, such that the historic-preservation standards applicable to the Walnut Street-East Urban Conservation District are preserved, but also that the Eidsons receive equitable relief from the rigors of said standards.

 

Bicycle and Pedestrian Connection

Sponsor: Seifried.  Council Bill 2013-028. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission (MHTC) to coordinate participation by the City in constructing a bicycle and pedestrian trail connection along the Business Loop 44 (Chestnut Expressway) bridge, west of Sherman Avenue, designated as MHTC Project No. 8M0251.

 

EUC REA

Sponsor: Bailes.  Council Bill 2013-029. A special ordinance authorizing the City Manager, or his designee, to accept and appropriate an additional $30,000.00 of Emergency Unemployment Compensation Reemployment and Eligibility Assessment (EUC REA) program funds from the State of Missouri to restore staff support to provide Reemployment and Eligibility Assessments for claimants filing for extended benefits; and amending the budget of the Department of Workforce Development for Fiscal Year 2012-2013 in the amount of $30,000.

 

Sidewalks and Curb Ramps along Glenstone Avenue

Sponsor: Rushefsky.  Council Bill 2013-030. 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 sidewalks and curb ramps along Glenstone Avenue from Evergreen Street to Saint Louis Street, designated as MHTC Project No. 8P2280B.

 

ORYMCA

Sponsor: Seifried.  Council Bill 2013-031. A special ordinance authorizing the City Manager, or his designee, to enter into a Memorandum of Understanding with the Ozarks Regional YMCA / Healthy Living Alliance (ORYMCA) to provide partial funding for the construction of the City’s Talmage Trail and Summit Avenue Sidewalk Project near Doling Park; and amending the budget of the Public Works Department for Fiscal Year 2012-2013 in the amount of $100,000 for funding to be received from ORYMCA.

 

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

Creative Placemaking from ArtPlace

Sponsor: Burlison.  Council Bill 2013-032. A special ordinance authorizing the City Manager, or his designee, to apply for and accept a $303,000 grant for creative placemaking from ArtPlace to make facility improvements and provide arts programming funds at the ideaXfactory at 351 N. Boonville Avenue, amending the budget of the Public Works Department for Fiscal Year 2012-2013 in the amount of $303,000, and declaring an emergency.

 

Council Bill 2013-032.  Special Ordinance 26195 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Plan No. 2011PW0011SWT

Sponsor: Compton.  Council Bill 2013-033. A resolution approving the plans, specifications, and the bid of Hartman & Company, Inc. for construction of the Fassnight Creek Improvements Phase 2 Project, Plan No. 2011PW0011SWT.

Council Bill 2013-033.  Resolution 10027 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Replacing Members of the Animal Issues Task Force

Sponsor: Bailes, Compton, Rushefsky, and Seifried.  Council Bill 2013-034. A resolution amending Resolution 9931, adopted by City Council on February 13, 2012, by replacing two of the members of the Animal Issues Task Force.  (The Public Involvement Committee recommends approval.) 

Council Bill 2013-034.  Resolution 10028 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.

Rezoning – 2300 Block of East Division Street

Sponsor: Rushefsky.  Council Bill 2013-014. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.59 acres of property, generally located at the 2300 block of East Division Street, from a HM, Heavy Manufacturing District, to a Planned Development District No. 341 to permit the expansion of a Transitional Service Shelter Facility from 50 beds to 60 beds, and to incorporate uses in the Heavy Manufacturing District to provide flexibility for future development.  (Both Planning and Zoning Commission and Staff recommend approval.)  (By:  Alpha House; 2300 block of E. Division Street; Planned Development 341.)

Council Bill 2013-014.  General Ordinance 6035 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Downtown Mall

Sponsor: Stephens.  Council Bill 2013-017. A general ordinance amending the Springfield City Code, Chapter 10, Alcoholic Beverages, Section 10-62(c) Exception for general merchandise stores, restaurants, and exempt organizations to increase the number of permitted events per calendar year, in the Downtown Mall, for 2013 and 2014.

Council Bill 2013-017.  General Ordinance 6036 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Ozarkstraffic Signal System Upgrade Project

Sponsor: Rush.  Council Bill 2013-018. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Share Agreement with the Missouri Highways and Transportation Commission (MHTC) to establish the cost sharing and participation responsibilities between the City and the Missouri Department of Transportation (MoDOT) for the Ozarkstraffic Signal System Upgrade Project, and amending the budget of the Public Works Department for the Fiscal Year 2012-2013, in the amount of $362,610, to accept MoDOT’s reimbursement to the City for its portion of the project costs.

Council Bill 2013-018.  Special Ordinance 26196 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

MHTC Business Loop 44

Sponsor: Seifried.  Council Bill 2013-019. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission (MHTC) to coordinate participation by the City in the cost of the MHTC Business Loop 44 (Chestnut Expressway) and Sherman Avenue Improvement Project, Job No. 8P2230.

Council Bill 2013-019.  Special Ordinance 26197 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Mutual Aid Agreement – Greene County Sheriff’s Department and Springfield Police Department

Sponsor: Compton.  Council Bill 2013-020.  A special ordinance authorizing the City Manager, or his designee, to enter into a mutual aid agreement with Greene County, Missouri to allow cooperation between the Springfield Police Department and the Greene County Sheriff’s Department for emergency response in their respective jurisdictions.

Council Bill 2013-020.  Special Ordinance 26198 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

MDJRP Grant

Sponsor: Burlison.  Council Bill 2013-021. A special ordinance authorizing the City Manager, or his designee, to accept and appropriate additional  Missouri Disaster Recovery Jobs Program (MDRJP) Grant funds from the State of Missouri, through the US Department of Labor National Emergency Grant (NEG), to be used by the Department of Workforce Development; authorizing the City Manager, or his designee, to enter into necessary agreements to carry out the grant; and amending  the budget of the Department of Workforce Development for Fiscal Year 2012-2013, in the amount of $679,284.83.

 

Council Bill 2013-021.  Special Ordinance 26199 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

Art Museum Job Titles

Sponsor: Fisk.  Council Bill 2013-022. A general ordinance amending Chapter 2, Section 2‑92 of the Springfield City Code, known as the “Salary Ordinance”, relating to salary rates and pay grades for various job titles within the City for the Springfield Art Museum, as contained in the Professional, Administrative and Technical (PAT) salary schedules, by adding  the  two new job titles of  Exhibitions Coordinator and Curator of Art, and deleting the three  job titles of Associate Curator, Curator of Exhibitions and Curator of Collections.

Council Bill 2013-022.  General Ordinance 6037 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Stephens, Rush, Seifried, Carroll, and Burlison.  Nays: None. Absent: None.

                         

With no further business to come before Council, the meeting adjourned at approximately 11:00 p.m.

                                               Brenda M. Cirtin, MMC/MPCC

2/11/13 lh

                                               City Clerk