City Council Meeting – January 14, 2019
City Council Meeting
City Council Chambers
Historic City Hall, 830 Boonville
| Ken McClure, Mayor | |
| Zone Councilmembers | General Councilmembers |
| Phyllis Ferguson, Zone 1 | Jan Fisk, General A |
| Tom Prater, Zone 2 | Craig Hosmer, General B |
| Mike Schilling, Zone 3 | Andrew Lear, General C |
| Matthew Simpson, Zone 4 | Richard Ollis, General D |
Upcoming Council Meeting Agenda
January 14, 2019 6:30 p.m.
Speakers must sign up with the City Clerk to speak to an issue on the agenda. Speakers are to limit their remarks to three to five minutes.
Note: Sponsorship does not denote Council member approval or support.
1.
ROLL CALL.
2.
APPROVAL OF MINUTES. December 10, 2018 City Council Meeting, And December 11, 2018 And December 18, 2018 Special City Council Meetings.
Documents:
3.
FINALIZATION AND APPROVAL OF CONSENT AGENDAS. CITIZENS WISHING TO SPEAK TO OR REMOVE ITEMS FROM THE CONSENT AGENDAS MUST DO SO AT THIS TIME.
4.
CEREMONIAL MATTERS.
5.
CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE PREVIOUS CITY COUNCIL MEETINGS.
6.
SECOND READING AND FINAL PASSAGE. Citizens Have Spoken. May Be Voted On. Except Item No. 7. Regarding Council Bill 2018-267, It Is Anticipated That This Bill Will Be Tabled To The January 28, 2019 City Council Meeting; However, A Determination Of Whether It Will Be Tabled Will Be Made By City Council At The Meeting.
7.
Council Bill 2018-267. (Fisk) It Is Anticipated That This Bill Will Be Tabled To The January 28, 2019 City Council Meeting; However, A Determination Of Whether It Will Be Tabled Will Be Made By City Council At The Meeting.
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 2, ‘Rules of Interpretation and Definitions,’ Section 36-321, ‘Definitions,’ by adding a definition for ‘Short-Term Stay Rentals’; amending Division 4, ‘District Regulations,’ by adding as a permitted use Short-Term Stay Rentals to each district contained therein; amending Division 5, ‘Supplemental District Regulations,’ Section 36-451, ‘Home Occupations’; and adding new section 36-472, ‘Short-Term Rentals,’ establishing rules and regulations for operation and location of Short-Term Stay Rentals; and designating an effective date for said amendments.Documents:
8.
Council Bill 2018-291. (Simpson)
A general ordinance amending Section 1-9 of the Springfield City Code, ‘City Limits,’ by annexing approximately thirteen acres of property into the City of Springfield, Missouri, said property being generally located at 3192, 3194, and 3196 East Farm Road 188, being generally referenced as Annexation A-5-18; and amending the Springfield City Code, Chapter 46, Section 46-1, ‘Boundaries of wards, precincts and council zones,’ by adding this property to the ward and precinct assigned by the County Clerk. (By: One Eighty-Eight, LLC; 3192, 3194, and 3196 East Farm Road 188; Annexation A-5-18.)Documents:
9.
Council Bill 2018-292. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 13 acres of property generally located at 3192, 3194, and 3196 East Farm Road 188 from County C-2, General Commercial District and County A-1, Agricultural District, to GR, General Retail District; and establishing Conditional Overlay District No. 159. (Staff and Planning and Zoning Commission both recommend approval.) (By: One Eighty-Eight, LLC; 3192, 3194, and 3196 East Farm Road 188; Z-27-2018 w/Conditional Overlay District No. 159.)Documents:
10.
Council Bill 2018-293. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 2.87 acres of property generally located on the south-side of the 4200 block of West Kearney Street, from LB, Limited Business District to GM, General Manufacturing District; and adopting an updated ‘Official Zoning Map.’ (Staff and Planning and Zoning Commission recommend approval.) (By: ARMA Development LLC; 4200 Block West Kearney Street, south-side; Z-26-2018.)Documents:
11.
Council Bill 2018-294. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 5.05 acres of property generally located within the 2700 block of South Jefferson Avenue from LB, Limited Business District and O-1, Office District with Conditional Overlay District No. 26 to R-LD, Low-Density Multi-family Residential District; and establishing Conditional Overlay District No.160. (Staff and Planning and Zoning Commission both recommend approval.) (By: Empire Mortgage Company Inc.; Z-28-2018 w/Conditional Overlay District No. 160.)Documents:
12.
Council Bill 2018-295. (Ferguson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning approximately 1 acre of property generally located at 1900 West Kearney Street and 2344 and 2332 North Elizabeth Avenue from HC, Highway Commercial and R-SF, Single Family Residential to HC, Highway Commercial District; and establishing Conditional Overlay District No. 161. (Staff and Planning and Zoning Commission both recommend approval.) (By: Joe Montgomery; 1900 West Kearney Street and 2344, 2332 North Elizabeth Ave.; Z-29-2018 Conditional Overlay No. 161.)Documents:
13.
Council Bill 2018-296. (Hosmer)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article II, ‘Subdivision Regulations,’ Division 2, ‘Subdivision Application Procedure and Approval Process,’ Section 36-226, ‘Major Subdivision Review Procedure,’ subsection (3)(h) ‘Effective Period of Preliminary Approval’ to limit the effective period of a preliminary plat. (Both Planning and Zoning Commission and Staff recommend approval.)Documents:
14.
Council Bill 2018-297. (Fisk)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Subdivision Regulations,’ Division 5, ‘Supplemental District Regulations,’ Section 36-452, ‘Temporary Uses’ to allow Automatic Teller Machines as a temporary use in all zoning districts. (Both the Planning and Zoning Commission and Staff recommend approval.)Documents:
15.
Council Bill 2018-298. (Prater)
A special ordinance approving a Redevelopment Plan and Blight Report submitted by Say You Can, LLC, for the East Cherry Pocket Neighborhood Redevelopment Area, generally located on 0.51 acres on the north side of the intersection of Cherry Street and South Fremont Avenue (1361 and 1365 East Cherry Street) and declaring said Area to be blighted, and that its redevelopment is necessary for the preservation of public peace, prosperity, health, safety, morals, and welfare. (The Land Clearance for Redevelopment Authority and the Planning and Zoning Commission recommend approval. Staff recommend denial on the basis of blight.)Documents:
16.
Council Bill 2018-299. (Hosmer)
A general ordinance amending the Springfield City Code Chapter 74 – ‘Nuisance and Housing Code,’ Article II – ‘Enforcement,’ Section 74-34 – ‘Hearing request,’ to authorize City personnel to effect nuisance removal or abatement when a property owner, having requested a nuisance-abatement hearing, fails to appear at such hearing.Documents:
17.
RESOLUTIONS. Citizens May Speak. May Be Voted On.
18.
Council Bill 2019-001. (Fisk)
A resolution replacing the Green Building Policy for the City of Springfield, by repealing Resolutions. 9854 and 9573 and adopting a new Green Building Policy.Documents:
19.
EMERGENCY BILLS.
20.
PUBLIC IMPROVEMENTS.
21.
GRANTS.
22.
AMENDED BILLS.
23.
COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On. Except Item No. 24. Council Bill 2019-002 Was Advertised As A Legal Public Hearing; However, Will Be Read As A One-Reading Bill. Citizens May Speak. May Be Voted On.
24.
Council Bill 2019-002. (Prater, Schilling, And Simpson) This Bill Was Advertised As A Legal Public Hearing; However, Will Be Read As A One-Reading Bill. Citizens May Speak. May Be Voted On.
A resolution declaring City Council’s intent to initiate a review and amendment of the Phelps Grove Neighborhood Plan and Phelps Grove Urban Conservation District, and to provide notice of future formal hearings, as provided for in the Land Development Code. (Planning and Development staff recommends approval.)Documents:
25.
Council Bill 2019-003. (Schilling)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 26.03 acres of property generally located at 3315 and 3303 South Campbell Avenue from Planned Development District No. 14, 4th Amendment to Planned Development District No. 367; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommended approval). (By: Wal-Mart Stores Inc. 8721; 3315 & 3303 South Campbell Avenue; Planned Development 367.)Documents:
26.
Council Bill 2019-004. (Prater)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 33.33 acres of property generally located at the 2200 block of North Belcrest Avenue from HC, Highway Commercial District and HM, Heavy Manufacturing District, to HM, Heavy Manufacturing District; and establishing Conditional Overlay District No. 163. (Staff and Planning and Zoning Commission both recommend approval.) (By: ICT II, LLC; 2200 blk. N. Belcrest Avenue; Z-31-2018 w/Conditional Overlay District No. 163.)Documents:
27.
Council Bill 2019-005. (Prater)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.89 acres of property, generally located at 2963 East Division Street, from a GM, General Manufacturing District to IC, Industrial Commercial District. (Staff and Planning and Zoning Commission recommend approval.) (By: Kum & Go, LC; 2963 East Division Street; Z-32-2018.)Documents:
28.
Council Bill 2019-006. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 1.45 acres of property generally located at the 2100 block of South Eastgate Avenue from Planned Development District No. 268 to Planned Development District No. 368; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommended approval). (By: Castlebay Real Estate Holdings No. 9 LLC; 2100 block S. Eastgate Avenue; Planned Development No. 368.)Documents:
29.
Council Bill 2019-007. (Simpson)
A general ordinance amending the Springfield Land Development Code, Section 36-306, ‘Official zoning map and rules for interpretation,’ by rezoning 3.58 acres of property, generally located at 2521 South Holland Avenue, from R-SF, Single-Family Residential District to R-LD, Low-Density Multi-Family District; and establishing Conditional Overlay District No. 164. (Staff and Planning and Zoning Commission recommend approval.) (By: Jefferey Ballard; 2521 South Holland Avenue; Z-33-2018 w/Conditional Overlay District No. 164.)Documents:
30.
Council Bill 2018-267. SUBSTITUTE NO. 1. (Fisk, Lear, McClure, Ollis, Schilling, Simpson, And Ferguson)
A general ordinance amending the Springfield City Code, Chapter 36, ‘Land Development Code,’ Article III, ‘Zoning Regulations,’ Division 2, ‘Rules of Interpretation and Definitions,’ Section 36-321, ‘Definitions,’ by adding a definition for ‘Short-Term Stay Rentals’; amending Division 4, ‘District Regulations,’ by adding as a permitted use Short-Term Stay Rentals to each district contained therein; amending Division 5, ‘Supplemental District Regulations,’ Section 36-451, ‘Home Occupations’; and adding new section 36-472, ‘Short-Term Rentals,’ establishing rules and regulations for operation and location of Short-Term Stay Rentals; and designating an effective date for said amendments.Documents:
31.
FIRST READING BILLS. Citizens May Speak. Not Anticipated To Be Voted On.
32.
Council Bill 2019-008. (Hosmer)
A special ordinance approving the plans and specifications for certain fiber optic interconnection improvements generally located along Battlefield Road and Grant Avenue, generally referred to as Plan No. 2018PW0060T; accepting the bid of Ewing Signal Construction, LLC, in the amount of $92,478.20, for the project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.Documents:
33.
Council Bill 2019-009. (Prater)
A special ordinance approving the plans and specifications for the Smith Park Sanitary Sewer Capacity Improvements Project being generally located at Division Street and Fremont Avenue and generally referred to as Plan No. 2018PW0032se; accepting the bid of Hamilton and Dad, Inc., in the amount of $381,428.95, for said Project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.Documents:
34.
PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.
35.
NEW BUSINESS. Citizens May Speak. May Be Voted On.
An appeal of the denial of a building permit sought by the applicant to construct four single-family houses on four lots originally addressed as 1325 S. Maryland Avenue, said denial being pursuant to the administrative delay in the Phelps Grove Urban Conservation District authorized by Resolution No. 10410. Pursuant to Section 6 of Resolution No. 10410, the applicant appealed the denial to the Planning Director, who denied the appeal, and then to the City Manager, who denied the appeal. The applicant now appeals to City Council.
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.36.
UNFINISHED BUSINESS.
37.
MISCELLANEOUS.
38.
CONSENT AGENDA – FIRST READING BILLS. See Item #3.
39.
Council Bill 2019-010. (Prater)
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, as shown on the Preliminary Plat of “AFM Pet Corp Subdivision,” generally located at 2710 and 2738 East Kearney 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 all the terms of this Ordinance. (Staff recommends that City Council accept the public streets and easements.)Documents:
40.
Council Bill 2019-011. (Lear)
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, as shown on the Preliminary Plat of Morris Industrial Park generally located at the 3200 block of East Kearney 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 all the terms of this Ordinance. (Staff recommends that City Council accept the public streets and easements.)Documents:
41.
Council Bill 2019-012. (Ollis)
A special ordinance authorizing the City Manager, or his designee, to enter into a developer’s agreement with Peterson’s Properties, LLC, for the recovery of proportional square foot costs of the construction of a trunk sewer to serve the Replat of Lots 28 and 29 of Woodcliffe 1stAddition, in a sewer basin in the Lake Springfield drainage area and to establish a per square foot connection fee to reimburse the developer for proportional costs of construction of the trunk sewer. (Environmental Services staff recommends approval.)Documents:
42.
CONSENT AGENDA – ONE READING BILLS. See Item #3.
43.
Council Bill 2019-013. (McClure)
A resolution confirming the appointment of Molly Brown and the reappointments of Mary Collette, Lyle Foster, Gregg Johnson, and Andrew Walls to the Commercial Street Community Improvement District Board of Directors. (Staff and the Commercial Street Community Improvement District Board of Directors recommend approval.)Documents:
44.
Council Bill 2019-014. (McClure)
A resolution confirming the reappointments of Michelle Billionis, Charlie Rosenbury, Jeff Schrag, Craig Wagoner, and Andrew Wells to the Downtown Springfield Community District Board of Directors. (Staff and the Downtown Springfield Community Improvement District Board of Directors recommend approval.)Documents:
45.
Council Bill 2019-015. (Simpson)
A resolution accepting a lower interest rate schedule on a loan guaranteed by the United States Department of Housing and Urban Development referenced as note B-03-MC-29-0007.Documents:
46.
CONSENT AGENDA – SECOND READING BILLS. See Item #3.
47.
Council Bill 2018-300. (Ferguson)
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, as shown on the Preliminary Plat of KUM & GO #1463 generally located at 3434 West Chestnut Expressway, 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. (Staff recommends that City Council accept the public streets and easements.)Documents:
48.
Council Bill 2018-301. (Schilling)
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, as shown on the Preliminary Plat of Tera Vera II generally located at the 2700 block of south Jefferson 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 all the terms of this Ordinance. (Staff recommends that City Council accept the public streets and easements.)Documents:
49.
Council Bill 2018-302. (Prater)
A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield, Missouri, as shown on the Preliminary Plat of KUM & GO #1470, generally located at 1810 East Kearney 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 all the terms of this Ordinance. (Staff recommends that City Council accept the public streets and easements.)Documents:
50.
BOARD CONFIRMATIONS.
Confirm the following appointments to the Mayor’s Commission on Human Rights and Community Relations: Daniel Ogunyemi and Mary Bozarth with terms to expire October 1, 2021.
Confirm the following appointment to the Board of Adjustment: Bryan Fisher with his first full term as a regular member to expire January 1, 2024.51.
END OF CONSENT AGENDA.
52.
ADJOURN.