Summary of Most Recent Meeting

August 7, 2017



1. ROLL CALL.

2. APPROVAL OF MINUTES. July 24, 2017  (APPROVED AS PRESENTED)

Documents:

07-24-2017.PDF

3. FINALIZATION AND APPROVAL OF CONSENT AGENDAS. CITIZENS WISHING TO SPEAK TO OR REMOVE ITEMS FROM THE CONSENT AGENDAS MUST DO SO AT THIS TIME. (APPROVED AS AMENDED)

4. CEREMONIAL MATTERS.

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

Attorney General closes Sunshine Law complaint from April
On July 24, we received a letter from Missouri Attorney General Josh Hawley that indicated his office has closed the six Sunshine Law complaints regarding the use of an electronic meeting by City Council to review the applicants for the General Seat D seat back in April. 

Per 610.020 RSMo. and 610.015 RSMo.:

  • public meetings are allowed to be conducted via telephone or other electronic means. As you’ll recall, this meeting was conducted via email.
  • the electronic meeting was posted well in advance of the required 24 hours. In fact, it was posted with closer to 48 hours’ notice. The notice specifically notified the public that the meeting would take place in the Clerk’s office and the time for the meeting. 
  • there is no language in Chapter 610 that addresses a specific amount of time necessary for a public government entity to accept applications to fill a vacant council seat.
  • a quorum was not required during the electronic meeting because there was no vote involved.
  • copies of the e-mail communication of each council member during the electronic meeting were made available and continue to be made available by the City Clerk’s office. In fact, the information in question was provided at no cost to the complainant.


Quarterly Fire Report
Springfield Fire Department has begun publishing a quarterly report, following the tradition of the Springfield Police and Public Works Departments. The quarterly reports were proposed by the Department of Public Information three years ago in order to provide timely and accurate information regarding public safety matters. All three of these publications provide prevention information and advice on how citizens can get engaged with prevention measures.

Homeless Camps
Following the evacuation of the homeless camp on East Kearney in early June, strong efforts to prevent and evacuate other camps from all areas within the City continue to be a priority.. Springfield Police Department, Building Development Services, Springfield Fire and Public Works Departments and the Department of Public Information are working together to coordinate responses to complaints of trespassers  and through the homeless camp protocol, are working with One Door and other services agencies to remediate the issues, including a multi-step follow up.

Kearney Camp
Police continue daily spot checks and have seen fewer that a half dozen people over the past two months trying to move back into the woods on the private property. One Door reports that more than 50% of those living in the camp prior to the evacuation, are now in some form of permanent housing. An additional 25% are engaged with One Door or other homeless services programs.

I was asked to pass along this note from a neighbor living in the Parkwood subdivision behind the property:

I live in the Parkwood l neighborhood just a few blocks east of the Lurvey property where all of those homeless people were coming and going and I was disturbed by it every day on some level.  Now me and my neighbors, as well as all of the people I know that live north of the City limits, are basking in peace, quite, and sincere gratitude for the massive effort that relocated the homeless.  We don't see them pacing Kearney street and yelling at the air, they aren't in my backyard, they aren't in my neighborhood, they aren't hanging out on another Lurvey property that adjoins my neighborhood.  They aren't hanging around the O'Reilly's or Walmart or restaurants in the area.  They aren't wandering the parking lots of hotels and they aren't panhandling on every corner.  Even I am amazed at how much of a positive impact it has had on me personally!  Thank you all so very much for cleaning up something that has plagued my corner of the City for so very long.  I appreciate the effort and grace that the City took to ensure that this was a humane and effective task.  I am forever grateful and I've never been more confident in our local leadership, the future is bright!

Lurvey Hearing
We’re pleased to share that Judge John Holstein ruled last week in favor of the City in administrative hearing which authorized the City to clean and abate nuisance conditions near the intersection of Glenstone and Kearney by Mr. Lurvey that was aimed at preventing the city from clearing  the property to  abate nuisance conditions. These nuisance conditions constitute a dangerous public safety risk, as well as an enticement for homeless encampments. The judges order further determines that the costs associated with the abatement be paid by the property owner as provided by statute and ordinance.

You have been provided via email a copy of Judge Holstein’s order, which also quotes City Code Chapter 74-382 indicating “a property owner has an ongoing obligation to remove or abate nuisances from all the owner’s lot or lands . . . .” Holstein ruled that the property owner had more than 30 days notice of the conditions and need for abatement, therefore, the City is justified in moving forward with clean-up activities. The ruling will be final in 30 days.

Frisco Lane
One of the items before you tonight is a request to approve the acquisition of about 67,000 square feet of open space and alleyway north of the buildings on the north side of Commercial Street between Campbell and Benton Avenues to be used for access and parking by C-Street merchants. Development of Frisco Lane for parking spaces and access to the buildings has been a long-held wish of C-Street business owners. The purchase will be financed with about $708,000 in BNSF credits; $267,000 from Commercial Street Tax Increment Financing District funds; and $25,000 from the 1/8-cent Transportation Sales Tax. BNSF owed the City the $708,000 in exchange for 2.6 acres in southwest Springfield for the West Wye project, a turnaround track for coal trains coming from the west to City Utilities’ Southwest Power Station. Most of the cost is to relocate a track and the credits we have from BNSF from the West Wye project means that, in essence, we have swapped a property we didn't need for one we wanted.

Birthplace of Route 66 Festival
The Seventh Annual Birthplace of Route 66 Festival kicks off this weekend in downtown Springfield. Organizers are planning for 50,000 people to be in the Queen City to participate in an ever-growing list of activities. Vendor spots are sold out! New highlights this year include a traveling interactive exhibit at the Discovery Center called America’s Road: The Journey of Route 66, the Memories of the Mother Road exhibit at the History Museum on the Square and superstar entertainment from blockbuster acts Big & Rich and Three Dog Night. Crowd favorites – the Friday night parade down Route 66 and Aaron Sachs and Associates Motorcycle Show and Rally are also back. This festival could not happen without the planning and work of primary event partners KY3 / KSPR, Aaron Sachs & Associates, The Giliioz Theatre, West Central Neighborhood Alliance and our own City departments: Public Information, Police, Public Works, Office of Emergency Management and Parks.  

6. SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On.

7. Council Bill 2017-194. (Fulnecky)  (APPROVED 8-1 WITH FULNECKY IN OPPOSITION)
A special ordinance authorizing the transfer of $600,000 from the City of Springfield’s General Fund to the Golf Enterprise Fund for the Springfield-Greene County Park Board, as an interest-free loan to the Park Board to allow the Park Board to replace three wooden bridges at the Rivercut Golf Course with pre-fabricated steel bridges, with the Park Board guaranteeing repayment of this loan over a five-year period, consolidating the current transfer with an existing sod loan balance of approximately $100,000; and amending the budget of the Springfield-Greene County Park Board for Fiscal Year 2017-2018 in the amount of $600,000.

Documents:

2017-194.PDF

8. Council Bill 2017-195. (Ollis) (APPROVED 9-0)
A special ordinance amending the budget of the City of Springfield, Missouri, for the Art Museum for fiscal year 2017-2018, in the amount of $255,000 for the purpose of developing a master site plan for the Museum’s building and grounds and hiring a consultant to develop and implement a capital fundraising campaign for improvements identified in the master site plan.

Documents:

2017-195.PDF

9. Council Bill 2017-196. (Ferguson) (APPROVED 8-0 WITH HOSMER RECUSING HIMSELF)
A special ordinance authorizing the City Manager, or his designee, to enter into a Real Estate Purchase and Sale Agreement with Burlington Northern Santa Fe, for the purpose of purchasing 67,022 square feet of property for access and parking generally located on the North side of Commercial Street between Campbell Avenue and Benton Avenue; authorizing a total purchase price of $999,105.52 which is comprised of an existing $707,849.57 Burlington Northern Santa Fe credit, $267,508.22 of Commercial Street Tax Increment Financing District funds, and $23,747.73 and a $2,000 administrative fee both to be paid from the 1/8-Cent Transportation Sales Tax which is already budgeted.

Documents:

2017-196.PDF

10. RESOLUTIONS.

11. EMERGENCY BILLS. Citizens May Speak. May Be Voted On.

12. Council Bill 2017-198. (Fishel) (APPROVED 9-0)
A special ordinance approving the plans and specifications for the Galloway Creek Trunk Sewer Relocation at the Lone Pine Recycling Center generally located at Lone Pine Avenue and Battlefield Road; accepting the bid of Flat Creek Excavating, LLC, for the project in the amount of $165,754.00 which includes a ten percent contingency; authorizing the City Manager, or his designee, to enter into a contract for said improvement; and declaring an emergency.

Documents:

2017-198.PDF

13. PUBLIC IMPROVEMENTS.

14. GRANTS.

15. AMENDED BILLS.

16. PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On.

17. Council Bill 2017-199. (Schilling) (COUNCIL WILL VOTE IN 2 WEEKS)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 0.17 acre of property, generally located at 1102 and 1106 East Elm Street from a GI, Government Institutional District, to a R-HD, High-Density Multifamily Residential District and UN, University Combining District and establishing Conditional Overlay District No. 133 (Staff and Planning and Zoning Commission recommend approval). (By Lantz Enterprises; 1106 East Elm Street; Z-26-2017 w/COD #133)

Documents:

2017-199.PDF

18. Council Bill 2017-200. (Fishel) (COUNCIL WILL VOTE IN 2 WEEKS)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 2.82 acres of property, generally located at 3220 South Delaware Avenue from an O-1, Office District, to a HC, Highway Commercial District; establishing Conditional Overlay District No. 132; and adopting an updated Official Zoning Map. (Staff recommends denial and Planning and Zoning Commission recommends approval). (By:; HMR Properties, LLP; 3220 South Delaware Avenue; Z-25-2017 w/COD #132)

Documents:

2017-200.PDF

19. Council Bill 2017-201. (Schilling) (COUNCIL WILL VOTE IN 2 WEEKS)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 6.68 acres of property, generally located at 554 West Walnut Lawn Street and 3505 South Campbell Avenue from R-TH, Residential Townhouse District, to R-MD, Medium-Density Multifamily Residential District, and establishing Conditional Overlay District No. 131; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission both recommend approval). (By: Walnut Lawn Church of God & Westport Management, LLC; 554 West Walnut Lawn Street; Z-24-2017 w/COD #131)

Documents:

2017-201.PDF

20. Council Bill 2017-202. (Schilling) (COUNCIL WILL VOTE IN 2 WEEKS)
A special ordinance approving an amendment to the Redevelopment Plan and Agreement submitted by the Beverly Lofts Redevelopment Corporation for the redevelopment of an area generally located along the North side of East Cherry Street near the intersection of Cherry Street and Kimbrough Avenue; authorizing certain tax abatement within the plan area; and authorizing the City Manager to execute an agreement with the Redevelopment Corporation relating to the implementation of the Redevelopment Plan. (Staff recommends approval).

Documents:

2017-202.PDF

21. Council Bill 2017-203. (Prater) (COUNCIL WILL VOTE IN 2 WEEKS)
A special ordinance adopting the Redevelopment Plan and Blight Report for the 1325 - 1329 East Cherry Redevelopment Area generally located along the north side of East Cherry Street between South Fremont Avenue and South Kickapoo Avenue and declaring the 1325 - 1329 East Cherry Redevelopment Area to be a blighted area, and its redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals, and welfare. (The Planning and Zoning Commission, the Land Clearance for Redevelopment Authority and City Staff recommend approval).

Documents:

2017-203.PDF

22. FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.

23. Council Bill 2017-204. (Ferguson) (COUNCIL WILL VOTE IN 2 WEEKS)
A special ordinance approving the specifications for the College Street Streetscape project, identified as Plan No. 2017PW0064T; accepting the bid of Woody’s Express Trucking, LLC, for construction of the Streetscape project in the amount of $1,125,686.06 to be funded by the City in the amount of $715,570.06 from the Community Development Block Grant Commercial Loan Program and $410,116.00 from City Utilities; authorizing the entry into a contract with said bidder; and amending the City’s 2017-2022 Capital Improvement Program.

Documents:

2017-204.PDF

24. Council Bill 2017-205. (Ollis) (COUNCIL WILL VOTE IN 2 WEEKS)
A special ordinance amending the budget of the City of Springfield, Missouri, for the Planning and Development Department for Fiscal Year 2016-2017 in the amount of $714,544.45 to facilitate disbursement of tax credits from the Missouri Development Finance Board to the History Museum of Springfield-Greene County; to accept said funds and disburse same in accordance with the Tax Credit Agreement entered into on February 8, 2011, pursuant to Special Ordinance No. 25871. (Staff recommends approval).

Documents:

2017-205.PDF

24.5  Council Bill 2017-206. (Hosmer) (REMOVED FROM CONSENT AGENDA FIRST READING BILLS ITEM # 30) (COUNCIL WILL VOTE IN 2 WEEKS)
A general ordinance amending the Springfield City Code, Chapter 2, ‘Administration,’ Article I, ‘In General,’ by repealing Section 2-8, ‘Disclosure of certain transactions,’ pertaining to the disclosure of financial transactions by candidates for City Council, City Council members, and certain City employees, and enacting, in lieu thereof, a new Section 2-8.

Documents:

2017-206.PDF

25. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.
Mr. Todd Thomas, Chair, Mayor’s Commission on Human Rights and Community Relations, wishes to address City Council. APPEARED

Mr. Robert A. Mondy wishes to address City Council. APPEARED

Mr. Tim Havens wishes to address City Council. APPEARED

26. NEW BUSINESS.
The Public Involvement Committee recommends the following appointment to the Citizens Advisory Committee for Community Development: Christina Dickens to fill the unexpired term of Nancy Fazzino. Ms. Dickens term will expire May 1, 2018. RECOMMENDED

The Public Involvement Committee recommends the following appointments to the Personnel Board:  Stephanie Appleby and Diana Day with terms to expire March 1, 2020. RECOMMENDED

The Public Involvement Committee recommends the following appointment to the Personnel Board:  Brent Sweet with a term to expire March 1, 2019. RECOMMENDED

The Public Involvement Committee recommends the following appointment to the Public Building Corporation:  Jane Patterson with a term to expire September 1, 2023. RECOMMENDED

The Public Involvement Committee recommends the following reappointments to the Public Building Corporation:  Sheila Collins and Patrick Roberts with terms to expire September 1, 2023. RECOMMENDED

The Committee of the Whole recommends the following appointment to the Board of Public Utilities: Jennifer Wilson to fill the unexpired term of Cynthia Hyde. Ms. Wilson’s term will expire December 1, 2019. RECOMMENDED

The Committee of the Whole recommends the following appointment to the Board of Public Utilities: Lynn Rowe to fill the unexpired term of Teresa Coyan. Mr. Rowe’s term will expire December 1, 2018. RECOMMENDED

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.

27. UNFINISHED BUSINESS.

28. MISCELLANEOUS.

29. CONSENT AGENDA – FIRST READING BILLS. See Item #3

30. Council Bill 2017-206. (Hosmer) (MOVED TO FIRST READING BILLS ITEM # 24.5)
A general ordinance amending the Springfield City Code, Chapter 2, ‘Administration,’ Article I, ‘In General,’ by repealing Section 2-8, ‘Disclosure of certain transactions,’ pertaining to the disclosure of financial transactions by candidates for City Council, City Council members, and certain City employees, and enacting, in lieu thereof, a new Section 2-8.

Documents:

2017-206.PDF

31. Council Bill 2017-207. (Ferguson) (COUNCIL WILL VOTE IN 2 WEEKS)

A special ordinance authorizing the Director of Planning and Development to accept dedication of the public streets and easements to the City of Springfield as shown on the renewal of the Preliminary Plat of Roberts Industrial Park, generally located in the 1000-1200 blocks of North Westgate Avenue, also known as Farm Road 123, 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 all the terms of this Ordinance. (Planning and Zoning Commission recommends approval and staff recommends that City Council accept the public streets and easements).

Documents:

2017-207.PDF

32. Council Bill 2017-208. (Fisk) (COUNCIL WILL VOTE IN 2 WEEKS)
A special ordinance authorizing the City Manager to make application for and accept a Historic Preservation Fund grant with the Missouri Department of Natural Resources in the amount of $12,000, and amending the budget of the Department of Planning and Development for Fiscal Year 2017-2018 in the same amount. (Staff and Landmarks Board recommend approval).

Documents:

2017-208.PDF

33. CONSENT AGENDA – ONE READING BILLS.

34. CONSENT AGENDA – SECOND READING BILLS. Citizens Have Spoken. May Be Voted On.

35. Council Bill 2017-197. (Schilling) (APPROVED 9-0)
A special ordinance authorizing the City Manager, or his designee, to enter into an Encroachment License Agreement with Springfield Public Schools for the purpose of maintenance and use of a soccer field, baseball field, concession stand, baseball dugout, and bleachers currently on City right-of-way generally located at 1333 South Grant Avenue.

Documents:

2017-197.PDF

36. END OF CONSENT AGENDA.

37. ADJOURN.