City Council Meeting – October 13, 2014

Agenda
City Council Meeting

City Council Chambers
Historic City Hall, 830 Boonville

October 13, 2014 – 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 minutes.

Note: Sponsorship does not denote Council member approval or support.

1. ROLL CALL.

2. APPROVAL OF MINUTES. September 22, 2014

Documents: 09-22-2014.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 2014-222. (Stephens)

A resolution recognizing Joseph E. Harpine for thirty years of dedicated service as an employee of the City of Springfield.

Documents: 2014-222.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. May Be Voted On.

8. Council Bill 2014-189. (Rushefsky, Hosmer, Burlison, Carroll)

A general ordinance amending Chapter 2, Administration, Article IV, Boards, Commissions and Committees, Division 4, Mayor’s Commission on Human Rights and Community Relations, Section 2-223; and Chapter 62, Human Rights, to add sexual orientation and gender identity to the list of categories of persons protected from discrimination, to consolidate the Commission’s investigative process into a single division of the Code, and to clarify the Commission’s powers in light of recent court decisions.  (The Community Involvement Committee recommends approval.)

Documents: 2014-189.PDF

9. Council Bill 2014-189. Substitute 1. (Stephens, Fishel)

A general ordinance amending Chapter 2, Administration, Article IV, Boards, Commissions and Committees, Division 4, Mayor’s Commission on Human Rights and Community Relations, Section 2-223; and Chapter 62, Human Rights, to add sexual orientation and gender identity to the list of categories of persons protected from discrimination in the area of housing, to consolidate the Commission’s investigative process into a single division of the Code, and to clarify the Commission’s powers in light of recent court decisions, and requesting additional study pertaining to discrimination in the areas of employment and public accommodation.

Documents: 2014-189 SUB 1.PDF

10. Council Bill 2014-215. (Stephens)

A special ordinance authorizing the City of Springfield, Missouri, to enter into a master lease purchase transaction, the proceeds of which will be used to pay the costs of acquiring equipment for the Police Department and the Parks Department, amending the Fiscal Year 2014-2015 budget of the City in an amount not to exceed $650,000, and to do all things necessary to carry out the master lease purchase transaction, including the execution of certain documents in connection therewith.

Documents: 2014-215.PDF

11. Council Bill 2014-207. (Fishel)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.19 acres of property, generally located at 4000 South Campbell Avenue, from a Planned Development District No. 21 and Planned Development District No. 21 Amended to a GR, General Retail District, upon certain conditions being met. (Planning and Zoning Commission and staff recommend approval.)  (By:  Primrose Campbell Community Imp Association; 4000 South Campbell Avenue; Z-21-2014.)

Documents: 2014-207.PDF

12. Council Bill 2014-208. (Rushefsky)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 5.86 acres of property, generally located at 2737 and 2759 East Pythian Street, from an R-SF, Single-Family Residential District, and an R-MD, Medium-Density Multi-Family Residential District, to an R-MD, Medium-Density Multi-Family Residential District; and establishing Conditional Overlay District No. 79 (Planning and Zoning Commission and staff recommend approval).  (By:  Presbyterian Children’s Home; 2737 and 2759 East Pythian Street; Z-20-2014 & Conditional Overlay District No. 79.)

Documents: 2014-208.PDF

13. Council Bill 2014-211. (Compton)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 92.74 acres of property, generally located at 4833 South Campbell Avenue, from an R-SF, Single-Family Residential District, to an O-1, Office District, and a GR, General Retail District; and establishing Conditional Overlay District No. 78.  (By:  Ward Branch Etal Tr, 4833 South Campbell Avenue; Z-19-2014 & Conditional Overlay District No. 78.)

Documents: 2014-211.PDF

14. Council Bill 2014-212. (Rushefsky)

A special ordinance adopting the East Cherry Flats Redevelopment Plan and Blight Report for an area located along the north side of East Cherry Street between South National Avenue and South Kickapoo Avenue. (The Land Clearance for Redevelopment Authority, the Planning and Zoning Commission, and Staff recommend approval.)

Documents: 2014-212.PDF

15. RESOLUTIONS. Citizens May Speak. May Be Voted On.

16. Council Bill 2014-223. (Burlison, Fishel)

A resolution initiating an amendment to the Land Development Code, Chapter 36, Article III – Building trades, appeals, and licensing; Article V – Building Code; and Sub-Article XIII – Residential Building Code regarding window fall protection.  (Staff recommends approval.)

Documents: 2014-223.PDF

17. EMERGENCY BILLS.

18. PUBLIC IMPROVEMENTS.

19. GRANTS.

20. AMENDED BILLS.

21. COUNCIL BILLS FOR PUBLIC HEARING. Citizens May Speak. Not Anticipated To Be Voted On.

22. Council Bill 2014-224. (Compton)

A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City Limits, by annexing approximately 0.43 acres of Greene County right-of-way into the City of Springfield, generally located at the 1800 block of South Farm Road 133 (Moore Road), more fully described in this ordinance, generally referenced as Annexation A-1-14; 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: 2014-224.PDF

23.  Council Bill 2014-225. (Seifried)

A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City Limits, by annexing approximately 11.89 acres of private property and 0.05 acres of Greene County right-of-way into the City of Springfield, generally located on the north side of the 4900 block of West Chestnut Expressway, more fully described in this ordinance, generally referenced as Annexation A-2-14; 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: 2014-225.PDF

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

25. Council Bill 2014-226. (Stephens)

A general ordinance amending Chapter 2, Article III, Division 1 of the Code of Ordinances (“City Code”) of the City of Springfield, Missouri (“City”), Section 2-91, known as the Merit System Rules and Regulations (“Merit Rules”), by amending portions of the Merit Rules, specifically Merit Rule 1(p) (Definitions), Merit Rule 10.1 (Promotions), Merit Rule 21.10 (Leave of Absence Due to Emergency Conditions), and Merit Rule 22.3 (Payment of Health and Medical Insurance When Disabled); and by deleting portions of the Merit Rules, specifically Merit Rule 21.3 (Maternity Leave); and by establishing an effective date for said Merit Rule changes (Merit Rule changes requiring Personnel Board approval have Personnel Board support).

Documents: 2014-226.PDF

26. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

Mr. Mark Schedlbauer wishes to address City Council.

27. UNFINISHED BUSINESS.

28. NEW BUSINESS.

The Public Involvement Committee recommends the following appointment to the Personnel Board:  John Holstein with term to expire March 1, 2018.

Mayor Stephens has appointed Councilwoman Cindy Rushefsky as the Employer Delegate to the LAGERS conference.

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.

29. MISCELLANEOUS.

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

31. Council Bill 2014-227. (Rushefsky)

A special ordinance authorizing the City Manager, or his designee, to enter into a License Agreement for Conduit with Beacon Suites LLC (Beacon), for the purpose of allowing Beacon to install and maintain (at no cost to the City) conduit under the public right-of-way on Bear Boulevard.

Documents: 2014-227.PDF

32. Council Bill 2014-228. (Burlison)

A special ordinance authorizing the City Manager, or his designee, to enter into an Electronic Signature Agreement (TR50) with the Missouri Highways and Transportation Commission (MHTC) enabling the use of electronic signatures to apply for utility permits authorizing work by the City on MHTC’s right of way.

Documents: 2014-228.PDF

33. Council Bill 2014-229. (Seifried)

A special ordinance approving the sale of real property located at 1409 West Florida Street to the Affordable Housing Action Board for $12,500; authorizing the issuance of a deed for same; and amending the budget of the City for the Fiscal Year 2014-2015, in the amount of $3,773.81, to appropriate net proceeds to the Police and Fire Pension fund.

Documents: 2014-229.PDF

34. Council Bill 2014-230. (Rushefsky)

A special ordinance approving the sale of real property located at 1764 and 1770 South National Avenue to David Hogan for $11,001 and authorizing the issuance of a deed for same.

Documents: 2014-230.PDF

35. Council Bill 2014-231. (Seifried)

A special ordinance approving the sale of real property located at 2049 North Washington Avenue to Randy Lopez for $9,500; authorizing the issuance of a deed for same; and amending the budget of the City for the Fiscal Year 2014-2015, in the amount of $844.57, to appropriate net proceeds to the Police and Fire Pension fund.

Documents: 2014-231.PDF

36. Council Bill 2014-232. (Seifried)

A special ordinance approving the sale of real property located at 2221 North Main Avenue to Randy Lopez for $8,800; authorizing the issuance of a deed for same; and amending the budget of the City for the Fiscal Year 2014-2015, in the amount of $1,799.21, to appropriate net proceeds to the Police and Fire Pension fund.

Documents: 2014-232.PDF

37. Council Bill 2014-233. (Seifried)

A special ordinance approving the sale of real property located at 2907 West Lombard Street to the Affordable Housing Action Board for $7,200; authorizing the issuance of a deed for same; and amending the budget of the City for the Fiscal Year 2014-2015, in the amount of $1,096.06, to appropriate net proceeds to the Police and Fire Pension fund.

Documents: 2014-233.PDF

38. Council Bill 2014-234. (Seifried)

A special ordinance approving the sale of real property located at 649 West High Street to the Affordable Housing Action Board for $12,500 and authorizing the issuance of a deed for same.

Documents: 2014-234.PDF

39. Council Bill 2014-235. (Burlison)

A special ordinance authorizing the City Manager, or his designee, to enter into an STP-Urban Program Agreement with the Missouri Highways and Transportation Commission (MHTC) for the purpose of partially reimbursing the base salaries of five employees who work at the Transportation Management Center (TMC); and amending the budget of the Department of Public Works for Fiscal Year 2014-2015 in the amount of $276,000.

Documents: 2014-235.PDF

40. Council Bill 2014-236. (Fishel)

A special ordinance authorizing the City Manager, or his designee, to enter into an On-the-Job Training Program Agreement allowing the Springfield Police Department to work with the Missouri Career Center to hire Missouri Veterans and members of the National Guard and Reserve.

Documents: 2014-236.PDF

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

42. Council Bill 2014-237. (Rushefsky)

A special ordinance authorizing the City Manager, or his designee, to accept Show Me Heroes On-the-Job Training funds from the State of Missouri; to enter into necessary agreements to carry out the grant; and amending the budget of the Department of Workforce Development for the Fiscal Year 2014-2015, in the amount of $20,000.

Documents: 2014-237.PDF

43. Council Bill 2014-238. (Compton)

A special ordinance accepting the bid of Hamilton & Dad, Inc., in the amount of $281,980.48 for the construction of sanitary sewers in Sanitary Sewer District No. 79 of Section No. 1, located in the vicinity of Golden Avenue and Grand Street; declaring the work to be necessary; stating the intention to pay for all or part of the improvements from the proceeds of bonds; specifying those costs and expenses to be assessed against the properties in the district and the method by which the costs will be apportioned; setting forth the manner of payment, the lien of the assessments, and the duration of the lien; setting forth the interest rate to be charged on the tax bills; authorizing the City Manager, or his designee, to enter into a contract and to approve the bond for said improvement; and authorizing progress payments to be made to the contractor.

Documents: 2014-238.PDF

44. Council Bill 2014-239. (Carroll)

A special ordinance authorizing the City Manager, or his designee, to accept equipment upgrades valued at $99,443.00 from a Fiscal Year 2014 State Homeland Security Grant Program (SHSGP) to refurbish the Springfield Fire Department bomb squad robot and declaring an emergency.

Documents: 2014-239.PDF

45. Council Bill 2014-240. (Fisk)

A special ordinance authorizing the City Manager, or his designee, to accept HAZMAT supplies valued at $9,671.89 from a Fiscal Year 2014 State Homeland Security Grant Program (SHSGP) to sustain the Springfield Fire Department HAZMAT team and declaring an emergency.

Documents: 2014-240.PDF

46. Council Bill 2014-241. (Compton)

A special ordinance authorizing the City Manager, or his designee, to accept HAZMAT monitoring equipment valued at $10,635.00 from a Fiscal Year 2014 State Homeland Security Grant Program (SHSGP) to replace monitoring equipment for the Springfield Fire Department HAZMAT team and declaring an emergency.

Documents: 2014-241.PDF

47. Council Bill 2014-242. (Fisk)

A special ordinance authorizing the City Manager, or his designee, to apply for and accept a grant from the Missouri Housing Development Commission, in conjunction with the Missouri Department of Social Services, for Emergency Solutions Grant Program (ESGP) funds in the amount of $275,000 to be sub-granted to eligible homeless service providers; exercising any and all powers necessary to implement the grant, including executing sub-grant agreements; and amending the budget of the Department of Planning and Development for Fiscal Year 2014-2015 to appropriate the grant funds.

Documents: 2014-242.PDF

48. Council Bill 2014-243. (Carroll)

A special ordinance authorizing the City Manager, or his designee, to accept Dislocated Worker Training (DWT) National Emergency Grant (NEG) funds from the State of Missouri; to enter into necessary agreements to carry out the grant; and amending the budget of the Department of Workforce Development for the Fiscal Year 2014-2015, in the amount of $53,295.05.

Documents: 2014-243.PDF

49. Council Bill 2014-244. (Fisk)

A special ordinance authorizing the City Manager, or his designee, to accept a grant from the National Association of County and City Health Officials (NACCHO) to support activities aimed at achieving Public Health Accreditation Board (PHAB) application readiness; and amending the budget of the Springfield-Greene County Health Department (SGCHD) for Fiscal Year 2014-2015 in the amount of $15,000, to appropriate the grant funds.

Documents: 2014-244.PDF

50. Council Bill 2014-245. (Fishel)

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 construction and maintenance of the Battlefield Road and U.S. Highway 65 Interchange Improvements, designated as MHTC Job No. J8U0500; and declaring an emergency.

Documents: 2014-245.PDF

51. Council Bill 2014-246. (Hosmer)

A resolution initiating an amendment to the Springfield Zoning Ordinance to consider changes to Subsection 4-2902, WC-1, Mixed-Use Sub-area of the West College Street District to allow off-street parking of commercial vehicles.  (Staff recommends approval.)

Documents: 2014-246.PDF

52. Council Bill 2014-247. (Seifried)

A resolution granting a liquor license to Café Cusco LLC dba Café Cusco, located at 234 East Commercial Street, to expand its liquor license to include an 8 foot by 53 foot sidewalk café area on the east side of the establishment.

Documents: 2014-247.PDF

53. Council Bill 2014-248. (Hosmer)

A resolution approving the plans and specifications for Sidewalk Project 14A and accepting the bid of Hunter Chase & Associates, Inc., for that project.

Documents: 2014-248.PDF

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

55. Council Bill 2014-206. (Compton)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.62 acres of property generally located at 430, 438, and 444 East Elm Street from an R-HD, High-Density Multi-Family Residential District, to a CC, Center City District, and establishing Conditional Overlay District No. 80 (Planning and Zoning Commission and staff recommend approval).  (By:  So EL District, LLC; 430, 438 and 444 East Elm Street; Z-17-2014 with Conditional Overlay District No. 80.)

Documents: 2014-206.PDF

56. Council Bill 2014-209. (Rushefsky)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 36.22 acres of property, generally located at 3040 East Cherry Street, from an R-LD, Low-Density Multi-Family Residential District with Conditional Overlay District No. 20 and GM, General Manufacturing District, to an R-LD, Low-Density Multi-Family District, GM, General Manufacturing District, and HC, Highway Commercial District; and establishing Conditional Overlay District No. 77 (Planning and Zoning Commission and staff recommend approval).  (By:  Burks Development Corporation; 3040 E. Cherry Street; Z-18-2014 & Conditional Overlay District No. 77.)

Documents: 2014-209.PDF

57. Council Bill 2014-210. (Rushefsky)

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 Cherry Street East, generally located at 3040 East Cherry 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.)

Documents: 2014-210.PDF

58. Council Bill 2014-213. (Seifried)

A special ordinance authorizing the City Manager, or his designee, to enter into a License Agreement for Monitoring Well with Environmental Works, Inc. (EW), for the purpose of allowing EW to install and maintain (at no cost to the City) two monitoring wells on the public right-of-way on Nichols Street to monitor groundwater conditions.

Documents: 2014-213.PDF

59. Council Bill 2014-214. (Fishel)

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 Briarcliff Subdivision, generally located at 2720 East Battlefield 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.)

Documents: 2014-214.PDF

60. Council Bill 2014-216. (Stephens)

A special ordinance amending the General Fund budget for the City of Springfield, Missouri, for Fiscal Year 2013-2014, by increasing revenue and expenses in the amount of $297,352.48; and reallocating unexpended appropriations between departments.

Documents: 2014-216.PDF

61. Council Bill 2014-217. (Burlison)

A special ordinance authorizing the City Manager, or his designee, to enter into a Renewal of Memorandum of Understanding with the Curators of the University of Missouri for the purpose of providing cooperative training between the Fire Department and the University of Missouri Fire and Rescue Training Institute (MUFRTI).

Documents: 2014-217.PDF

62. Council Bill 2014-218. (Carroll)

A special ordinance amending the budget of the Department of Public Works for the Fiscal Year 2014- 2015, in the amount of $870,000.00, to appropriate Transportation Fund balance reserves to provide or the purchase of rock salt and capital equipment for roadway paving.

Documents: 2014-218.PDF

63. Council Bill 2014-219. (Hosmer)

A special ordinance authorizing the City Manager, or his designee, to enter into a Seventh Amendment to the 800 MHz Trunked Radio System Participation Agreement (Participation Agreement), Contract No. 2000-0182-07, to delay the expiration of the Participation Agreement by approximately five years and increase the maximum number of subscriber (radio) units each participant may deploy.

Documents: 2014-219.PDF

64. BOARD CONFIRMATIONS.

Confirm the following reappointment to the Building Trades Examination and Certification Board:  Michael Smith with term to expire October 1, 2017.

65. END OF CONSENT AGENDAS.

66. ADJOURN.

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

All meetings are recorded.

In accordance with ADA guidelines, if you need special accommodations when attending any City meeting, please notify the City Clerk’s Office at 864 -1443 at least 3 days prior to the scheduled meeting.