City Council Meeting – August 24, 2015

Agenda
City Council Meeting

City Council Chambers
Historic City Hall, 830 Boonville

Council Meeting Agenda
August 24, 2015 – 6:30 p.m.

Link to Close Captioning of the Meeting

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. August 10, 2015 And August 18, 2015

Documents: 08-10-2015.PDF, 08-18-15SPECIAL.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.

4.

CEREMONIAL MATTERS.

5.

Council Bill 2015-216. (Burnett)

A resolution acknowledging the retirement of Officer Aaron Pearson from the Springfield Police Department.

Documents: 2015-216.PDF

6.

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

7.

SECOND READING AND FINAL PASSAGE. Citizens Have Spoken Except Item No. 13. Public Comments Was Held Over From August 18, 2015. Citizens May Speak. May Be Voted On.

8.

Council Bill 2015-197. (Fishel)

A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City limits, by annexing approximately 16.33 acres of private property and 6.11 acres of public right-of-way into the City of Springfield generally located at 5904 South Southwood Avenue, the east side of the 6000-6100 blocks of South Southwood Avenue, and the 2000 block of East Evans Road, generally referenced as Annexation A-3-15; and amending 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.

Documents: 2015-197.PDF

9.

Council Bill 2015-198. (Ferguson)

A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City limits, by annexing approximately 0.84 acres of private property into the City of Springfield generally located on the east side of the 800 block of South Waco Avenue, generally referenced as Annexation A-4-15; and amending 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.

Documents: 2015-198.PDF

10.

Council Bill 2015-199. (Burnett)

A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City limits, by annexing approximately 5.77 acres of MoDOT and BNSF railroad right-of-way into the City of Springfield generally located in the 5200-5300 blocks of East Kearney Street/State Highway OO, generally referenced as Annexation A-5-15; and amending 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.

Documents: 2015-199.PDF

11.

Council Bill 2015-200. (McClure)

A special ordinance authorizing the City Manager, or his designee, to enter into a Construction and Maintenance Agreement with BNSF Railway Company (BNSF) for the purpose of improving safety, efficiency, and promoting economic development in central Springfield by constructing the West Wye Connector project which will relocate a BNSF railroad line connecting the Ft. Scott and Cherokee Subdivisions.

Documents: 2015-200.PDF

12.

Council Bill 2015-201. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a contract for sale of real estate to sell a tract of approximately 15.36 acres west of Mulroy Road (Farm Road 199), following public auction of the real estate, or sale as otherwise authorized by the City Purchasing Manual, providing certain reserve limits are met; and authorizing the Mayor to execute necessary documents to convey title to the real estate. (The Board of Public Utilities, Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-201.PDF

13.

Council Bill 2015-215. (Schilling) Citizens May Speak. May Be Voted On

A special ordinance authorizing the City Manager, or his designee, to enter into a Parking Deck Availability Agreement with AmerisourceBergen Corporation (ABC) for the purpose of ensuring that ABC’s employees have access to free, open parking spaces in a convenient location to ABC’s offices, which are to be located in the Heer’s Building.

Documents: 2015-215.PDF

14.

RESOLUTIONS.

15.

EMERGENCY BILLS.

16.

PUBLIC IMPROVEMENTS.

17.

GRANTS.

18.

AMENDED BILLS.

19.

COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On. Except Item No. 29. Citizens May Speak. May Be Voted On.

20.

Council Bill 2015-217. (Fisk)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 59 acres of property, generally located on the west side of the 2700-2800 blocks of North Mulroy Road (Farm Road 199), from Planned Development District No. 225, to HM, Heavy Manufacturing District; establishing Conditional Overlay District No. 94; and adopting an updated Official Zoning Map.  (Staff and Planning and Zoning Commission recommend approval.) (By: SRC Holdings Corporation; Westside of the 2700-2800 blocks of North Mulroy Road (Farm Road 199); Z-23-2015 & Conditional Overlay District No. 94.)

Documents: 2015-217.PDF

21.

Council Bill 2015-218. (Fisk)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.68 acres of property, generally located at 300 West Tampa Street, from GM, General Manufacturing District, to CC, Center City District; establishing Conditional Overlay District No. 96; and adopting an updated Official Zoning Map.  (Staff and Planning and Zoning Commission recommend approval.)  (By:  Positronic Industries, Inc.; 300 West Tampa Street; Z-26-2015 & Conditional Overlay District No. 96.)

Documents: 2015-218.PDF

22.

Council Bill 2015-219. (Fisk)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.62 acres of property, generally located at 1255 East Chestnut Expressway, from GR, General Retail District with Conditional Overlay District No. 10, to O-1, Office District; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.)  (By: Arvest Bank; 1255 East Chestnut Expressway; Z-27-2015.)

Documents: 2015-219.PDF

23.

Council Bill 2015-220. (Burnett)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.84 acres of property, generally located on the east side of the 800 block of South Waco Avenue from Greene County R-1, Suburban Residence District, to R-SF, Single Family Residential District; and adopting an updated Official Zoning Map.  (Planning and Zoning Commission and staff recommend approval.) (By: City of Springfield; East side 800 block South Waco Avenue; Z-28-2015.)

Documents: 2015-220.PDF

24.

Council Bill 2015-221. (Schilling)

A special ordinance authorizing the issuance of “Use Permit 416” to permit a truck stop use at 4901 and 4939 West Chestnut Expressway within the HC, Highway Commercial District, on certain conditions.  (Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-221.PDF

25.

Council Bill 2015-222. (McClure)

A special ordinance amending the Madison and Kimbrough Redevelopment Plan; and authorizing certain tax abatement within the plan area. (The Land Clearance for Redevelopment Authority, Planning and Zoning Commission and City Staff recommend approval.)

Documents: 2015-222.PDF

26.

Council Bill 2015-223. (Burnett)

A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, to add a new Subsection 3-3809, Neighborhood Meetings, that will incorporate the Developer/Neighborhood Meeting Policy into the Zoning Ordinance. (Both Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-223.PDF

27.

Council Bill 2015-224. (Hosmer)

A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, Subsection 6-1403, Exterior Lighting Standards, to allow lighting spillover at the interior lot lines of multiple lots that function as premises. (Both Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-224.PDF

28.

Council Bill 2015-225. (Fulnecky)

A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, to add new Subsection 5-3103.B.7 for Sidewalk/Pedestrian Walkways along Commercial Development. (Planning and Zoning Commission recommends denial and staff recommends approval.)

Documents: 2015-225.PDF

29.

Council Bill 2015-226. (Stephens) Citizens May Speak. May Be Voted On.

A special ordinance amending Special Ordinance No. 26586 and Special Ordinance No. 26587, passed by the City Council on June 22, 2015, to reflect the final determination of the Greene County Assessor of the assessed valuation by levying a tax on real and personal property for current expenses and the debt retirement of the City of Springfield, Missouri, and its boards and agencies for the Fiscal Year 2015-2016, and declaring an emergency.

Documents: 2015-226.PDF

30.

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

31.

Council Bill 2015-227. (Burnett)

A general ordinance amending the Springfield City Code, Chapter 78 – Offenses and Miscellaneous Provisions, Article V – Offenses Against Morals by repealing Section 78-222 – Indecent exposure in its entirety and enacting in lieu thereof a new Section 78-222 – Indecent exposure.

Documents: 2015-227.PDF

32.

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

33.

NEW BUSINESS.

34.

UNFINISHED BUSINESS.

35.

MISCELLANEOUS.

36.

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

37.

Council Bill 2015-228. (Hosmer)

A general ordinance amending various sections in Chapters 6, 26, 74, and 96 of the Springfield City Code to correct cross-references altered by recent amendments to Chapter 74, Nuisance and Housing Code; and amending Chapter 106, Traffic and Vehicles; Article I, General; Sec. 106-35, Wrecked, discarded or inoperable vehicles, to delete a cross-reference to a non-existent definition in the Land Development Code.

Documents: 2015-228.PDF

38.

Council Bill 2015-229. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Share Agreement with SRC Holdings Corporation (SRC) for the purpose of sharing in the costs of signalized intersection improvements at State Highway 744 (Kearney Street) and Farm Road 199 (Mulroy Road); and amending the budget of the Department of Public Works for Fiscal Year 2015-2016 in the amount of $152,146 to appropriate a reimbursement payment from SRC for its portion of the project costs.

Documents: 2015-229.PDF

39.

Council Bill 2015-230. (Fulnecky)

A general ordinance amending the Springfield City Code, Chapter 114, Vegetation, Article II, Trees, Section 114-31, Trees on private property creating hazard to public ways, by correcting a cross-reference to Chapter 74 in Subsection (e), Abatement by City, altered by recent amendments to Springfield City Code Chapter 74, and by adding Subsection (h), Search and seizure warrants, to allow the City to procure a search and/or seizure warrant to inspect and abate nuisance trees.

Documents: 2015-230.PDF

40.

Council Bill 2015-231. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a Supplemental Agreement for Highway/Rail Crossing Improvements with the Missouri Highways and Transportation Commission (MHTC) and BNSF Railway Company (BNSF) for the purpose of coordinating participation by the City in the cost of the BNSF Crossing project at Jefferson Avenue south of Phelps Street, U.S. DOT Project No. 664 180J.

Documents: 2015-231.PDF

41.

Council Bill 2015-232. (McClure)

A special ordinance approving the Final Plat of Villas at Hickory Hills Phase 3 Condominium, generally located at 3810 East Cherry Street, as an addition to the City of Springfield, Greene County, Missouri, subject to conditions.  (Planning and Zoning Commission and staff recommend approval of the final plat.)

Documents: 2015-232.PDF

42.

CONSENT AGENDA – ONE READING BILLS. See Item #3.

43.

Council Bill 2015-233. (McClure)

A special ordinance authorizing the City Manager, or his designee, to execute a Funding Agreement between the City of Springfield (City) and the Missouri Department of Transportation (MoDOT), providing for a grant of funds under Section 226.225, RSMo, to the City, by and through the Springfield-Branson National Airport Board (Airport Board) in the amount of $496,220, for the construction of a General Aviation/ Foreign Trade Zone United States Customs Facility at Springfield-Branson National Airport, and amending the budget of the Airport Board in the amount of $1,096,220; and declaring an emergency.

Documents: 2015-233.PDF

44.

Council Bill 2015-234. (Ferguson)

A resolution approving the plans, specifications, and bid of Rosetta Construction, LLC, in the total amount of $10,238,944.40, for the Group 3 Sewer Rehabilitation project as required by the Early Action Program pursuant to the City’s Amended Consent Judgment.

Documents: 2015-234.PDF

45.

Council Bill 2015-235. (Fisk)

A special ordinance to levy and assess a special tax against the lots, blocks, and parcels of ground hereinafter described to pay for the cost of the construction of sanitary sewers in the City in Sanitary Sewer District No. 176 of Section No. 16, in the general vicinity of Maple Street and Eldon Avenue, providing for inclusion of said district in the City Sewer Financial Assistance Program, and authorizing the City Clerk to issue special tax bills and deliver the same to the Director of Finance to be registered in her office in accordance with this ordinance.

Documents: 2015-235.PDF

46.

Council Bill 2015-236. (Hosmer)

A resolution initiating an amendment to the Land Development Code, Article I, Zoning Ordinance, Section 5-1504, Cooperative Parking Facilities, to consider modifications to allow more shared parking. (Staff recommends approval.)

Documents: 2015-236.PDF

47.

Council Bill 2015-237. (Fishel)

A resolution granting the waiver of half of the fees for rezoning the property located at 4265 South Nature Center Way.

Documents: 2015-237.PDF

48.

Council Bill 2015-238. (Ferguson)

A resolution adopting the 2015-2020 Greene County Hazard Mitigation Plan as required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).

Documents: 2015-238.PDF

49.

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

50.

Council Bill 2015-202. (Fisk)

A special ordinance authorizing the City Manager, or his designee, to enter into an Intergovernmental Agreement with the Greene County Sheriff to co-host law enforcement training.

Documents: 2015-202.PDF

51.

Council Bill 2015-203. (Hosmer)

A general ordinance amending the Springfield City Code, Chapter 2, Administration, Article I, by repealing Section 2-8, pertaining to disclosure of certain transactions by certain City employees, candidates for elected City office, and public officials, and enacting in lieu thereof a new Section 2-8.

Documents: 2015-203.PDF

52.

Council Bill 2015-204. (Fisk)

A special ordinance authorizing the City Manager, or his designee, to enter into a real estate contract to exchange certain portions of city property for private property near Wilson’s Creek and the City’s Southwest Wastewater Treatment Plant (hereinafter “SWTP”); and authorizing the Mayor to execute necessary documents to convey and receive title to the exchanged tracts of real estate.

Documents: 2015-204.PDF

53.

Council Bill 2015-205. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into an Agreement to Cost Share Mulroy Road and Kearney Street Improvements (Exhibit 1) with Greene County (County) to coordinate participation in the cost of intersection improvements at Route 744 (Kearney Street) and Farm Road 199 (Mulroy Road); and amending the budget of the Department of Public Works for Fiscal Year 2015-2016, in the amount of $256,200, to appropriate a contribution from County for their portion of the project costs.

Documents: 2015-205.PDF

54.

Council Bill 2015-206. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a Supplemental Agreement for Highway/Rail Crossing Improvements with the Missouri Highways and Transportation Commission (MHTC) and BNSF Railway Company (BNSF) for the purpose of coordinating participation in the cost of safety improvements at United States Department of Transportation Crossing No. 673 263W (Mulroy Road Grade Crossing), designated as MHTC Job No. RRP-000S(455).

Documents: 2015-206.PDF

55.

Council Bill 2015-207. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a Municipal/Road Relinquishment Agreement with the Missouri Highways and Transportation Commission (MHTC) to outline responsibilities for the construction and maintenance of intersection improvements at Route 744 (Kearney Street) and Packer Road, designated as MHTC Project No. J8S3019.

Documents: 2015-207.PDF

56.

Council Bill 2015-208. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Share First Supplemental Agreement with the Missouri Highways and Transportation Commission (MHTC) to coordinate participation in the cost of intersection improvements at Route 744 (Kearney Street) and Packer Road, designated as MHTC Project No. J8S3019.

Documents: 2015-208.PDF

57.

Council Bill 2015-209. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into an agreement to complete Packer Road improvements with New Prime, Inc., (Prime) to coordinate participation in the cost of intersection improvements at Route 744 (Kearney Street) and Packer Road, designated as Missouri Highways and Transportation Commission Project (MHTC) No. J8S3019; and amending the budget of the Department of Public Works for Fiscal Year 2015-2016, in the amount of $588,540 to appropriate a contribution from Prime for its portion of the project costs.

Documents: 2015-209.PDF

58.

BOARD CONFIRMATIONS.

Confirm the following appointment to the Board of Adjustment: Bryan Fisher with term to expire January 1, 2016.

59.

END OF CONSENT AGENDA.

60.

CLOSED SESSION:

City Council will hold a closed meeting to discuss legal actions, causes of action, litigation, privileged and confidential communications, pursuant to Sections 610.021 (1), RSMo. 2014; and this meeting, record, and vote be closed and the City Council shall stand adjourned at the end of the closed session.

Persons addressing City Council are asked to step to the microphone and clearly state their name and address before speaking.

All meetings are recorded.

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