City Council – September 28, 2015

Link to Closed Captioning

Upcoming Council Meeting Agenda
September 28, 2015 – 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. September 14, 2015

Documents: 09-14-2015.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.

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

6.

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

7.

Council Bill 2015-239. (Hosmer)

A general ordinance to approve establishing a new gas rate and revise electric, gas, and water terms and conditions.

Documents: 2015-239.PDF

8.

Council Bill 2015-240. (Stephens)

A special ordinance approving the City Utilities Annual Operating Budget for the Fiscal Year ending September 30, 2016.

Documents: 2015-240.PDF

9.

Amended Council Bill 2015-241. (Hosmer, Fisk, Fishel, & Fulnecky)

A general ordinance amending the Springfield City Code, Chapter 18, Animals, Article I, In General. Section 18-2, Minimum fine for certain violations; termination of property rights in animal; and Section 18-7, Dogs causing a nuisance; vicious dogs; and adding Chapter 18, Animals, Article II, Dogs, Cats and Ferrets; Section 18-60, Restricted Dogs; Section 18-61, Nuisance Dogs; and Section 18-62, Dunbar scale, to better address public health concerns associated with dogs at large, aggressive dogs, biting dogs, and reckless owners, and to add administrative remedies against them. (Approved by the Plans and Policies Committee.)

Documents: 2015-241AMENDED.PDF

10.

RESOLUTIONS. Citizens May Speak. May Be Voted On.

11.

Council Bill 2015-255. (Stephens)

A resolution establishing the Mayor’s Task Force on Crisis Sheltering and adopting its scope of duties, for the purpose of gaining a citizen-based approach to a plan of action to address the critical issue of crisis sheltering in our community.

Documents: 2015-255.PDF

12.

Council Bill 2015-256. (Fulnecky)

A resolution accepting the recommendations of the Hotel-Motel Tax Reallocation Committee and directing the City Manager to negotiate contracts with the Discovery Center of Springfield and History Museum on the Square for the expenditure of Hotel-Motel Tax proceeds. (Staff recommends approval.)

Documents: 2015-256.PDF

13.

Council Bill 2015-257. (McClure)

A resolution authorizing the Mayor, on behalf of the City of Springfield, to sign the Amended and Restated Petition to Establish the Downtown Springfield Community Improvement District.

Documents: 2015-257.PDF

14.

EMERGENCY BILLS.

15.

PUBLIC IMPROVEMENTS.

16.

GRANTS.

17.

AMENDED BILLS.

18.

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

19.

Council Bill 2015-258. (Fishel)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.77 acres of property, generally located at 840 East Primrose Street from Planned Development District No. 21, 3rd Amendment, to O-1, Office District; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By: Fortmeyer Real Est CO-SPFD LLC; 840 East Primrose Street; Z-30-2015.)

Documents: 2015-258.PDF

20.

Council Bill 2015-259. (Fishel)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.75 acres of property, generally located at 1031 East Battlefield Road, from O-1, Office District, to GR, General Retail District; establishing Conditional Overlay District No. 97; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By:  Curbow, Inc.: 1031 East Battlefield Road; Z-31-2015 & Conditional Overlay District No. 97.)

Documents: 2015-259.PDF

21.

Council Bill 2015-260. (Fishel)

A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.63 acres of property, generally located at 1983 East Seminole Street, from Planned Development District No. 11 Amended, to O-1, Office District; establishing Conditional Overlay District No. 98, upon completion of certain conditions; and adopting an updated Official Zoning Map. (Staff and Planning and Zoning Commission recommend approval.) (By: BluCurrent Credit Union; 1983 East Seminole Street; Z-32-2015 Conditional Overlay District No. 98.)

Documents: 2015-260.PDF

22.

Council Bill 2015-261. (Schilling)

A special ordinance approving a petition for termination of the Kansas Battlefield Community Improvement District and directing the City Clerk to notify the Missouri Department of Economic Development of the termination of the District. (Staff recommends approval.)

Documents: 2015-261.PDF

23.

Council Bill 2015-262. (Schilling)

A special ordinance approving a Petition requesting the formation of the Springfield Plaza Community Improvement District; establishing the District as a political subdivision of the State of Missouri; authorizing the City Manager, on behalf of the City, to execute a Cooperative Agreement between the City of Springfield, Springfield Plaza Community Improvement District, and Springfield Plaza Real Estate, Inc.; and directing the City Clerk to notify the Missouri Department of Economic Development of the creation of the District. (Staff recommends approval.)

Documents: 2015-262.PDF

24.

Council Bill 2015-263. (Burnett)

A special ordinance adopting the Madison and Holland Redevelopment Plan for an area generally located at 613/617 East Madison Street, 614 and 616 East Madison Street, and 829 and 843 South Holland Street and declaring its redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals, and welfare. (Planning and Zoning Commission, the Land Clearance for Redevelopment Authority and Staff recommend approval.)

Documents: 2015-263.PDF

25.

Council Bill 2015-264. (Fulnecky)

A general ordinance amending the Springfield City Code, Chapter 36, Land Development Code; Article II, Subdivision Regulations; Section 303, Improvements, to clarify the public improvement plan escrow process. (Both Planning staff and Planning and Zoning Commission recommend approval.)

Documents: 2015-264.PDF

26.

Council Bill 2015-265. (McClure)

A general ordinance amending the Springfield City Code, Chapter 36, Springfield Land Development Code; Article I, Zoning Ordinance; Subsection 5-1504, Cooperative Parking Facilities, to allow for more shared parking arrangements between adjacent property owners. (Both Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-265.PDF

27.

Council Bill 2015-266. (Burnett)

A general ordinance amending the Springfield City Code, Chapter 36, Land Development Code; Article I, Zoning Ordinance; Subsection 3-2001, Composition of the Commission, to extend the term limits of the Planning and Zoning Commissioners to four years in concert with state law. (Both Planning and Zoning Commission and staff recommend approval.)

Documents: 2015-266.PDF

28.

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

29.

Council Bill 2015-267. (Stephens)

A general ordinance amending Chapter 58, Health and Sanitation, Article X, Springfield Smokefree Air Act of 2011, Section 58-1002, Definitions, to delete exemption termination provision from definition of Cigar Bar.

Documents: 2015-267.PDF

30.

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

31.

NEW BUSINESS.

The Mayor recommends the appointment of Ken McClure as the Employer Representative at the upcoming 2015 Missouri Local Government Employees Retirement System (LAGERS) annual meeting.

32.

UNFINISHED BUSINESS.

33.

MISCELLANEOUS.

34.

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

35.

Council Bill 2015-268. (Hosmer)

A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into individual intergovernmental agreements with Christian County, Greene County, City Utilities, the City of Nixa, the City of Ozark, the City of Republic, and Ozarks Transportation Organization for the cooperative purchase of oblique imagery and aerial photography services from Pictometry International Corporation, to be used with each entity’s Geographic Information System, and amending the budget for the Department of Public Works for Fiscal Year 2015-2016 in the amount of $227,826.03.

Documents: 2015-268.PDF

36.

Council Bill 2015-269. (Schilling)

A special ordinance authorizing the City Manager, or his designee, to enter into an Agreement for Encroachment License with Three D Development, LLC and Wheelers Loft Development, LLC, for the purpose of allowing an encroachment onto City rights-of-way for the placement of balconies on property located at 401 South Avenue, under the same terms and conditions as encroachments are permitted on City rights-of-way under Chapter 98, Article VII of the Springfield City Code.

Documents: 2015-269.PDF

37.

Council Bill 2015-270. (Ferguson)

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 additional warning devices and other improvements at United States Department of Transportation Crossing No. 664 176U (Central Street Grade Crossing), designated as MHTC Job No. RRP-000S(456).

Documents: 2015-270.PDF

38.

Council Bill 2015-271. (Schilling)

A special ordinance authorizing the City Manager, or his designee, to enter into an Agreement for Encroachment License with Woodruff Historic Building, LLC, for the purpose of allowing an encroachment onto City rights-of-way for the placement of five sets of stairs with handrails and one ramp on property located at 331 Park Central East, to allow ingress and egress into the Woodruff Historic Building, under the same terms and conditions as encroachments are permitted on City rights-of-way under Chapter 98, Article VII of the Springfield City Code.

Documents: 2015-271.PDF

39.

Council Bill 2015-272. (Ferguson)

A special ordinance declaring the necessity of condemning right(s)-of-way over, under, and through the properties located at 2252 North Lyon Avenue and 2261 North Campbell Avenue, as herein described, for the purpose of constructing public drainage improvements, and for the relocation, construction, maintenance, and operation of utilities for the Turner Street (Lyon Avenue to Boonville Avenue) Drainage Improvement project, Plan No. 2014PW0029SWT.

Documents: 2015-272.PDF

40.

Council Bill 2015-273. (Ferguson)

A special ordinance declaring the necessity of condemning right(s)-of-way over, under, and through the properties located at 3859 West Mount Vernon Street, 3819 West Mount Vernon Street, 3739 West Mount Vernon Street, 547 South Dexter Avenue, 710 South Jonathan Circle, and on the west side of Jonathan Avenue near the intersection of Jonathan Avenue and Mount Vernon Street (Parcel ID No. 88-13-20-301-126), as herein described, for the purpose of constructing a public street, and for the relocation, construction, maintenance, and operation of utilities for the Mount Vernon Widening Street Improvement project, Plan No. 2013PW0039T.

Documents: 2015-273.PDF

41.

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

42.

Council Bill 2015-274. (Burnett)

A special ordinance amending Special Ordinance No. 26322 to redefine the boundaries of Sanitary Sewer District No. 111L of Section No. 2 of the main sewers of the City of Springfield located in the general vicinity of Elm Street and Anoka Place.

Documents: 2015-274.PDF

43.

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

44.

Council Bill 2015-242. (Stephens)

A special ordinance approving the sale of real property at 1320 E. Blaine to Blackard Development, LLC for $12,255 and authorizing the issuance of a deed for same.

Documents: 2015-242.PDF

45.

Council Bill 2015-243. (Burnett)

A special ordinance authorizing the City Manager, or his designee, to enter into an amended Contract of Obligation with the Missouri Department of Natural Resources (MDNR) whereby the City agrees to financially secure the future closure and post-closure care of all currently active and previously completed portions of the City’s Sanitary Landfill.

Documents: 2015-243.PDF

46.

Council Bill 2015-244. (Stephens)

A special ordinance amending the operating budget for the City of Springfield, Missouri, for Fiscal Year 2014-2015, by increasing revenue by $281,914.88 and expenses in the amount of $306,914.88.

Documents: 2015-244.PDF

47.

Council Bill 2015-245. (Schilling)

A special ordinance amending the Park Board’s Fiscal Year 2014-2015 Operating Budget by increasing revenue and expenses in the amount of $400,000; and allocating appropriations between the Parks 2001 and 2006 Sales Tax Funds, respectively.

Documents: 2015-245.PDF

48.

Council Bill 2015-246. (Fulnecky)

A special ordinance amending the Park Board’s Fiscal Year 2015-2016 Operating Budget in the amount of $100,000.00 to appropriate the grant funds from the Federal Highway Administration Recreational Trails Program, administered by and through the Missouri Department of Natural Resources, for the extension of the Wilson’s Creek Recreational Trail for completion of Phase IV of the Wilson’s Creek Greenways Trail.

Documents: 2015-246.PDF

49.

Council Bill 2015-247. (Stephens)

A general ordinance amending Chapter 2, Section 2‑92 of the Springfield City Code, known as the Salary Ordinance, relating to the salary rate and pay grade for one job title within the Business Operations Division of the Springfield-Greene County Parks Department, as contained in the Professional, Administrative and Technical (PAT) salary schedules, by reclassifying the job title of Superintendent of Parks Business Operations (PAT 11), which will result in the addition of one new job title, Superintendent of Parks Business Operations (PAT 12) and the deletion of one job title, Superintendent of Parks Business Operations (PAT 11).

Documents: 2015-247.PDF

50.

Council Bill 2015-248. (Fulnecky)

A special ordinance approving the plans and specifications for the Stormwater Improvements for North Patterson Avenue and East Pythian Street Jordan Creek Detention Basin project, Plan No. 2015PW0042W, accepting the bid of Hartman and Company, Inc., for that project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.

Documents: 2015-248.PDF

51.

Council Bill 2015-254. (Hosmer)

A special ordinance approving the plans and specifications for the Phelps Street Streetscape project, Plan No. 2011PW0008T, accepting the bid of Hunter Chase & Associates, Inc., for that project; and authorizing the City Manager, or his designee, to enter into a contract with such bidder.

Documents: 2015-254.PDF

52.

END OF CONSENT AGENDA.

53.

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.

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.