City Council Meeting Minutes
January 17 , 2012

January 17, 2012

Springfield, Missouri

The City Council met in regular session January 17, 2012 in the Council Chambers at City Hall. The meeting was called to order by Mayor Pro Tem Bob Stephens. A prayer was given by Doug Burlison.

Roll Call

Present: Doug Burlison, Bob Stephens, Tom Bieker, Jerry Compton, *Cindy Rushefsky, and John Rush. Absent: Bailes, O'Neal, and Zone 1 Councilmember due to vacancy. *Councilwoman Rushefsky exited Council Chambers at 7:45 p.m.

Minutes

The minutes of December 12, 2011 were approved as presented.

Consent Agenda

The Consent Agendas were finalized and approved as amended.

Brenda Cirtin, City Clerk, informed Council that Council Bill 2012-012 would be removed from the agenda this evening.

Ms. Cirtin informed Council that Council Bill 2012-016 would be removed from Consent Agenda First Reading Bills, and become Item #24.5 under First Reading Bills.

Ms. Cirtin also informed Council that Council Bill 2012-023 would be removed from Consent Agenda One Reading Bills, and become Item #9.5 under Resolutions.

CEREMONIAL MATTERS

Brenda Cirtin, City Clerk, informed Council that Brenda Perryman would not be able to attend and be sworn in this evening due to illness.

Ms. Cirtin swore in Anna Jedrezejewski to serve as a member of the Mayor's Commission on Human Rights and Community Relations.

Mayor Pro Tem Stephens noted Councilwoman Rushefsky would be leaving the meeting early this evening due to a scheduling conflict. He added that with the other absences this evening, when Councilwoman Rushefsky leaves the remaining Councilmember's will just qualify as a quorum. Mayor Pro Tem Stephens noted a short break will be given later in the meeting to help ensure that the entire Council can be present for the remainder of the meeting.

Dorial Green-Beckham Resolution

Sponsor: Stephens. Council Bill 2012-001. A resolution recognizing the achievement of Dorial Green-Beckham of Hillcrest High School, on being named Offensive Player of the Year by USA Today and the High School Athlete of the Year for 2011 by Sporting News.

Mr. Green-Beckham could not attend this evening due to a scheduling conflict.

Councilman Bieker read the resolution in its entirety. Greg Burris informed Council the resolution would be given to Mr. Green-Beckham at a later date.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2012-001. Resolution 9924 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE DECEMBER 12, 2011 MEETING.

Greg Burris, City Manager, responded all questions had been answered. Mr. Burris noted there were three events that occurred in December that seemed to indicate the City's economic development formula is working. He added the formula is based on partnerships, becoming more business and development friendly, and the use of economic development incentives. The aforementioned three events were:

1) In December, Springfield was ranked #3 in the Nation for job growth. Nearly 5%, or 3,600, new jobs were created in Springfield.

2) Also, in December Greene County was ranked the fifth mid size county in the Nation by the Fourth Economy Community Index.

3) Chris Straw, Director of Building Development Services, received the President's Award from the Greater Springfield Home Builders Association.

Mr. Burris noted the aforementioned events prove the formula is working. He expressed his appreciation to the City's partners in this formula: Greene County, City Utilities, and the Chamber of Commerce. He also expressed appreciation to the private businesses who created the aforementioned jobs. Mr. Burris noted various proposals have been received from 13 different non-profit organizations in regards to the Hotel/Motel tax funds. He added those proposals are now being reviewed by the Convention and Visitors Bureau and the Hotel/Motel Association Board of Directors. Mr. Burris noted their recommendations would be presented to Council later this month. Mr. Burris noted a College Street Corridor study is in process. He added the first public meeting will be held tomorrow, January 18, 2012, at the Butler, Rosenbury, and Associates Building. Mr. Burris noted staff is seeking neighborhood input and public input in regards to this issue. He added meetings will every two weeks through April 11, 2012. Mr. Burris noted this portion of College Street has a rich history as part of Historic Route 66. He added more information can be found at: www.springfieldmo.gov/collegestreet. Mr. Burris noted there are a variety of bills on the agenda this evening. He added Council Bill 2012-023 regarding Legislative Priorities was removed from the Consent Agenda for additional review. Mr. Burris noted the Community Involvement Committee met twice to review the Legislative Priorities before they were recommended to Council. He added a prescription requirement for pseudoephedrine was discussed. Mr. Burris noted in 2011 there were 108 meth labs found within the City limits, which is a 1% increase from 2010 and three times the amount found in 2009. Mr. Burris noted due to quorum concerns this evening the bills have been rearranged on the agenda. Mr. Burris noted the termination of the Wonders of Wildlife contract for tax revenues is one of the bills on the agenda this evening. He added approximately $330,000 in revenues, per year, should become available due to this contract cancellation. Mr. Burris noted the E-Verify election is estimated to cost the City approximately $80,000 and those funds will come from the City's "rainy-day" fund.

The following bills appeared on the agenda under Resolutions:

RFP - Property located near South Harvard Avenue and East Swallow Street

Sponsor: Bailes. Council Bill 2012-002. A resolution authorizing the solicitation of Requests for Proposal (RFP) for the sale and development of City-owned property generally located near South Harvard Avenue and East Swallow Street.

Mary Lilly Smith, Director of Economic Development, gave a brief overview of the proposed. She noted the proposed authorizes staff to solicit proposals. She added a detention basin was built on part of the property using stormwater acquisition funds. Ms. Smith noted the proposed property is currently zoned residential single family, adding staff would support office zoning if the access is taken from Harvard Avenue or a more intense zoning if the access is taken through the development to the north off of Republic Road. She added staff would not support a more intense zoning if the access is off of one of the residential streets. Ms. Smith noted the property in the proposed was originally purchased for $455,000 and was appraised in December at $410,000 for the development tract and $430,000 is sold together. Ms. Smith noted if Council approves the proposed staff will mail the requests for proposals tomorrow and they will be due back February 21, 2012. She added staff will present their recommendation to Council, but all proposals will be forwarded to Council for their review. Ms. Smith noted Council would then consider an ordinance that would authorize the sale and any development issues concurrent with that. She added zoning would be a separate issue in addition to the sale of the property.

Councilman Burlison asked if the property will just "sit" if the proposed is not approved this evening. Ms. Smith responded affirmatively, adding the property will remain off the tax rolls and no development will occur at this time.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Council Bill 2012-002. Resolution 9925 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Legislative Priorities

Sponsor: Council. Council Bill 2012-023. A resolution adopting the City of Springfield's Legislative Policy for 2012. (Recommended by the Community Involvement Committee.)

Councilman Burlison noted he was one of the Councilmember's who asked for this bill to be removed from the Consent Agenda. He added he has concerns with a couple of items included in the proposed. Councilman Burlison expressed concern regarding the prescription requirement for pseudoephedrine and also the primary seat belt law. He expressed his belief that the aforementioned items could be problematic for the City and seem like counterproductive laws. Councilman Burlison noted he is inclined to oppose the entire policy based on those two items.

Councilwoman Rushefsky noted she chairs the Community Involvement Committee which recommended the proposed policy to Council. She noted several people from the community, a doctor, pharmacists, and the Police Chief, were invited to a meeting of the Committee to discuss the pseudoephedrine issue. She added the prescription requirement would only include pills and not liquids or products where pseudoephedrine is mixed with another medication. Councilwoman Rushefsky expressed concern that methamphetamine labs are a major issue in the City and cause issues regarding enforcement and health hazards. She expressed her belief that the cost versus the benefit greatly favors this legislation.

Councilman Bieker expressed concern regarding three issues in the proposed: tobacco tax, prescription requirement for pseudoephedrine, and primary seat belt law. He noted he also requested the proposed be removed from the Consent Agenda. Councilman Bieker expressed concern that the language regarding the tobacco tax states the City encourages the state to increase the tax. He added Missouri has the lowest tobacco tax in the Country. Councilman Bieker expressed his belief that the tobacco tax revenues should be used to increase funding for education, health programs, and law enforcement funding. He also expressed his belief that municipalities should be provided the option of a voter approved tobacco tax. Councilman Bieker expressed his belief that higher tobacco taxes impact working families the most. Councilman Bieker noted his second opposition is regarding the prescription requirement for pseudoephedrine. He expressed concern that requiring a prescription for pseudoephedrine may help minimize the meth lab problem but will also hurt poor and struggling families by forcing them to go to the doctor and pay for a visit instead of being able to go to the pharmacy and purchase the pseudoephedrine. Councilman Bieker noted the State Senate has previously defeated legislation for making the drug prescription based and expressed his belief that there is no reason to assume it will pass anytime soon. Councilman Bieker noted the third objection he has is regarding the primary seat belt law. He noted, according to the Missouri Department of Transportation (MoDOT), from 2008 to 2010 63% of all drivers killed in crashes were not wearing a seatbelt. He expressed his belief that the solution to this problem is simple since these deaths are preventable by wearing a seatbelt. Councilman Bieker noted a primary seatbelt law would allow Police Officers to pull drivers over for not wearing a seatbelt. He expressed his belief that seatbelt laws attempt to regulate behavior that poses no danger to others. He added a person who refuses to wear a seatbelt only increases his own risk of injury or death.

Councilman Rush expressed his belief that to avoid an increase in taxing on the tobacco industry is "on the backs of the poor" is a "bogus issue". He expressed his belief that something has to be done about meth labs and requiring a prescription may not be the perfect answer but something has to be done. Councilman Rush noted the proposed is not a demand for action, but rather will allow staff to address these issues at the State level. Councilman Rush expressed his support of the proposed in its entirety.

Councilwoman Rushefsky moved to table the proposed and discuss it at a Council lunch. Councilman Bieker seconded the motion and, due to suspension of the rules, it was discussed.

Councilman Bieker noted he does not agree with the legislative policy as stated in the proposed and asked if tabling it presents the opportunity for it to be approved as presented this evening. Mr. Burris noted Council always retains the right to vote on any bill as presented. He added if the proposed is not approved the previous legislative priorities would remain in place and it would be up to Council to decide whether the policy goes back to Committee or directly back to Council.

Councilwoman Rushefsky noted she would prefer to discuss the proposed at a Council lunch.

Mayor Pro Tem Stephens asked if the proposed could be tabled, discussed at a Council lunch, and then brought back to Council for final approval. Mr. Burris responded affirmatively.

With no further discussion the motion failed by the following vote: Ayes: Rushefsky, Rush, Stephens, and Compton. Nays: Burlison and Bieker. Absent: Bailes and O'Neal. Vacant Seat: Zone 1. (Five affirmative votes were required for the motion to pass.)

Councilman Compton expressed concern regarding the process this year in regards to the proposed. He expressed his belief that the legislative policy was discussed by the entire Council in previous years before it was brought to Council for final approval. Councilman Compton noted he was unable to attend the Committee meetings where the proposed was discussed. He added he would like to know more about how the primary seatbelt law came about and who requested it be added to the proposed policy. Mr. Burris responded Police Chief Paul Williams requested the primary seatbelt law be added to the proposed policy. Mr. Wichmer noted the primary seatbelt law would have to be a State law change adding it would not be something that could be enacted locally. He added the proposed would allow Chief Williams to lobby for that legislation in Jefferson City. Councilman Compton noted he would have liked to have heard the discussion regarding the tobacco tax also. He expressed his belief that an increased tobacco tax would put a burden on lower income families; however he stated he does understand that Missouri has the lowest tobacco tax in the Country.

Mayor Pro Tem Stephens asked if the proposed is defeated would that mean that the City would have no legislative priorities set for the upcoming session. Mr. Burris responded affirmatively. He added Council could discuss the proposed at a Council lunch and then decide if they are ready to bring a set of legislative priorities back to the meeting. Mr. Wichmer noted if the proposed is defeated this evening it could not be brought back before Council immediately unless it was amended.

Councilman Burlison asked who made the decision to put the proposed on the Consent Agenda. Mr. Burris responded he made that decision due to the length of the agenda this evening and since it had been recommended by the Community Involvement Committee.

Councilman Rush moved to remove the following three items from the proposed: the prescription requirement for pseudoephedrine, the primary seat belt law, and the tobacco tax. Councilman Bieker seconded the motion and it was approved by the following vote: Ayes: Rush, Burlison, Stephens, Bieker, and Compton. Nays: Rushefsky. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Amended Council Bill 2012-023. Resolution 9926 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

The following bills appeared on the agenda under Second Reading and Final Passage:

Community Economic Development Electric Rate Schedule

Sponsor: O'Neal. Council Bill 2011-273. A general ordinance to approve establishing a community economic development electric rate schedule, a public communications service rate schedule, and a revised version of the "Service Rules and Regulations."

Councilman Bieker moved to amend the proposed by adding at line 33 before the period the following ", except for Subsection I.2., 'Applications and Contracts,' which Subsection I.2 shall remain unrevised." Councilman Burlison seconded the motion and it was approved.

Mayor Pro Tem Stephens noted the aforementioned amendment removes the change in regards to that section, which would leave the language as it is currently written.

Councilman Burlison expressed his appreciation to City Utilities and the citizens that have been involved with the process, for their work on the proposed.

Amended Council Bill 2011-273. General Ordinance 5963 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Technical Skills Training Grant Program

Sponsor: Bailes. Council Bill 2011-274. A special ordinance authorizing the City Manager, or his designee, to apply for and accept a grant from the U.S. Department of Labor, Employment and Training Administration, for the receipt and use by the Department of Workforce Development, to provide employment and training opportunities to long-term unemployed and incumbent workers in health care and information technology; authorizing the City Manager, or his designee, to enter into necessary agreements to carry out the grants; and amending the budget of the Department of Workforce Development of the City of Springfield, Missouri, for Fiscal Year 2011-2012 in the amount of $2,521,132 for the H-1B Technical Skills Training Grant Program.

Council Bill 2011-274. Special Ordinance 25998 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Missouri Work Assistance Program

Sponsor: Bieker. Council Bill 2011-275. A special ordinance authorizing the City Manager, or his designee, to accept an additional award of funding for a grant activity to extend the program through June 30, 2012; to enter into an agreement with the Department of Social Services, Family Support Division, to continue operations of the Missouri Work Assistance Program within MWA Regions 7 and 16; to enter into contracts, as necessary, to carry out said program; and to amend the budget of the Department of Workforce Development of the City of Springfield, Missouri, for Fiscal Year 2011-2012 in the amount of $1,714,882.72.

Council Bill 2011-275. Special Ordinance 25999 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Warren Davis Properties

Sponsor: O'Neal. Council Bill 2011-277. A special ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Springfield, Missouri, a Preliminary Funding Agreement between the City and Warren Davis Properties V, LLC, Warren Davis Properties XXV, LLC and Warren Davis Properties XXVI, LLC; authorizing the execution of documents and the taking of actions consistent therewith; and amending the budget provided for the Planning Department of the City of Springfield, Missouri, for Fiscal Year 2011-2012, in the amount of $75,000.

Council Bill 2011-277. Special Ordinance 26000 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

The following bills appeared on the agenda under Public Hearings.

Rezoning: 2125 West Kingsley Street

Sponsor: Compton. Council Bill 2012-003. A general ordinance amendingthe Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.33 acres, generally located at 2125 West Kingsley Street, from Planned Development District No. 238 to a GR, General Retail District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Sultan Zahirsha and Dr. Mehjabeen Zahirsha; 2125 W. Kingsley Street; Z-16-2011.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed rezoning will take the property from a Planned Devlepment to a General Retail District. He added the primary reason for the proposed request is to remove the 50-foot setback requirement. Mr. Rognstad noted most of the property along the street is General Retail which allows a 25-foot setback. He added the developer for the proposed wants to build a medical/dental clinic and potentially a restaurant. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Rezoning: 507 East Kearney Street

Sponsor: O'Neal. Council Bill 2012-004. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.3 acres of property located at 507 East Kearney Street from an R-HD, High-Density Multi-Family Residential District, and an HC, Highway Commercial District, to an HC, Highway Commercial District, and establishing Conditional Overlay District No. 45. (Both Planning and Zoning Commission and staff recommend approval.) (By: Great Southern Bank; 507 E. Kearney Street; Z-17-2011 and Conditional Overlay District No. 45.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed property is currently owned by a bank. He added there is a bank on the front of the property and multi-family homes on the back of the property. Mr. Rognstad noted the area that is being rezoned to Multi-Family would make all of the property consistent. He added the bank plans to remodel the building into an office. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

Councilman Burlison asked if there are currently any residences on these tracts. Mr. Rognstad responded there is a building, zoned Multi-Family that the bank owns. He added he is not aware if anyone is currently residing in that building.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Rezoning: 2738 East Kearney Street

Sponsor: Rushefsky. Council Bill 2012-005. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.92 acres of property generally located at 2738 East Kearney Street from an HM, Heavy Manufacturing District, to an IC, Industrial Commercial District, and establishing Conditional Overlay District No. 46. (Both Planning and Zoning Commission and staff recommend approval.) (By: MFA Petroleum Corporation; 2738 E. Kearney Street; Z-18-2011 and Conditional Overlay District No. 46.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted there is a convenience store located on this property that is considered non-conforming under the current zoning. He added the owner of the convenience store wants to continue to provide their services to that area but they need the proposed rezoning to make the property conforming. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Planned Development District No. 21

Sponsor: Bailes. Council Bill 2012-006. A general ordinance amendingthe Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 6.08 acres of land generally located at 3850 South Campbell Avenue from Planned Development District No. 21, 8^th Amendment, to Planned Development District No. 339. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Jared Enterprises Inc.; 3850 South Campbell Avenue; Planned Development 339.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed Planned Development is being requested to make the sign requirements conform to the existing sign ordinance and zoning code. He added the proposed would allow the requestor, Vatterott College, to have a sign that conforms to the existing sign code. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Planned Development District No. 187

Sponsor: Rushefsky. Council Bill 2012-007. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 44.29 acres of land generally located at 1325 North Eldon Avenue from Planned Development District No. 187, to Planned Development District No. 187 Amended. (Both Planning and Zoning Commission and Staff recommend approval.) By: John Gentry, Positronic Industries, INC.: 1325 North Eldon Avenue; Planned Development 187 Amended.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed would allow a broadcast tower, not to exceed 149-feet in height, on the property. He added the tower would be set back far enough from the property boundaries so that if for some reason it did fall it would fall onto the property. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

Mayor Pro Tem Stephens asked if a sinkhole located on the property would cause the tower to collapse. Mr. Rognstad responded the tower will be located outside the area of the sinkhole.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

Hickory Hills Marketplace Community Improvement District

Sponsor: Rushefsky. Council Bill 2012-008. A special ordinance approving a Petition to Amend and Restate the Petition to Establish the Hickory Hills Marketplace Community Improvement District; approving the removal of certain property from the boundaries of said District; authorizing the City Manager or his designee to execute an Amended and Restated Cooperative Agreement among the City, said District and Larino Properties, L.L.C.; and prescribing certain matters related thereto.

Mary Lilly Smith, Director of Economic Development, gave a brief overview of the proposed. She noted Council established the Hickory Hills Marketplace Community Improvement District (CID) early last year. She added this CID is located at the corner of Chestnut Expressway and U.S. 65. Ms. Smith noted the CID authorized reimbursement of public infrastructure improvements that needed to be made in order to facilitate the development. She added that gave the CID the power to levy a penny sales tax. Ms. Smith noted this fall she asked Council for a preliminary funding agreement with the developer because Greene County was going to issue Neighborhood Improvement District (NID) bonds and the reimbursement needed to be coordinated through the NID and CID. She added that is why the amended and restated CID petition is coming back to Council so soon after the first one was adopted. Ms. Smith noted the proposed petition removes certain property from the CID at the request of the developer and his anchor tenant. She added the proposed petition also recognizes that Greene County as issuing NID bonds and that those bonds are going to pay for public infrastructure so the CID cannot be used to pay for those. Ms. Smith noted the proposed petition states the developer will be reimbursed for the right-of-way, the streets he is building, and for reasonable stormwater detention basin land. Ms. Smith pointed out each area of the property included in the proposed on the overhead map. She added the estimated reimbursable expenses to the developer total approximately $1.1 million, which is much lower than the original $6.5 million estimate.

Councilman Burlison expressed support of the proposed. He expressed his belief that the proposed is a very complicated project and to "throw a wrench" into the works could be very problematic. Councilman Burlison asked how the proposed differs from the Commercial Street CID. Ms. Smith responded the Commercial Street CID is more of an overall district plan. She added the goals for the Commercial Street CID are to take an existing built environment and make it clean, safe, and friendly and to provide services not public infrastructure. Ms. Smith noted the anchor tenant for the Hickory Hills Marketplace CID has stated they will not locate here if they are subjected to the additional sales tax because it would put them at a competitive disadvantage. She added the proposed is based on a request from the developer to remove this property from the CID.

Councilman Rush asked if there was a precedent for removing property from a CID. Ms. Smith responded she was not aware of any previous district boundary amendments. Councilman Rush asked if the proposed is approved could a CID be created where all property owners asked to not be included. Ms. Smith responded affirmatively, adding the State law requirements would have to be met before a petition could be submitted. She added it would be the developer's loss if the property owners choose not to be included in the CID. Ms. Smith noted the developer could come back with the appropriate signatures and ask that the property being removed be added back into the CID.

Mayor Pro Tem Stephens asked for clarification regarding the NID bonds. Ms. Smith responded there are two NID's in Springfield. She noted the NID is created when the City or County issues General Obligation Bonds which are paid back through a special assessment that is applied to every property in the NID. She added in this case the NID is being used to build the public infrastructure for the proposed.

An opportunity was given for citizens to express their views.

Paul Larino, the developer, spoke in support of the proposed. He noted State Statute does allow developers to come forward and amend the CID petition with the appropriate signatures. He added this CID is different from the Commercial Street CID where a group of existing businesses came together and requested the CID. Mr. Larino noted in the proposed the property owners came together and decided what they wanted the CID to look like. He added the covenants put on the land are an acknowledgement that the owners want to be included in the CID. Mr. Larino noted he is still working with the County in regards to public infrastructure. He expressed his belief that allowing the anchor tenant to be in the NID instead of the CID will help the development move forward in a positive way.

Councilwoman Rushefsky left the meeting at approximately 7:45 p.m.

Councilman Bieker expressed appreciation to Mr. Larino for his work on this development.

Tyler Edwards, representative for Menards Store, spoke in support of the proposed. He noted the proposed Menards would bring 150 new jobs to Springfield and 162,000 square feet of retail home improvement supplies.

Councilman Compton asked Mr. Edwards if there any other Menards stores in Missouri. Mr. Edwards responded one is planned for Ozark, and there are locations in Jefferson City, Columbia, and the Kansas City area.

Councilman Burlison welcomed the Menards store to Springfield.

With no further appearances, the discussion was closed.

Use Permit at 601 and 607 South Main Avenue

Sponsor: O'Neal. Council Bill 2012-009. A special ordinance authorizing the issuance of a "Use Permit" to allow the adaptive use of an existing non-residential structure within an R-SF, Single Family Residential District, for a single-family, detached dwelling at 601 and 607 South Main Avenue on certain conditions. (Planning and Zoning Commission and staff recommend approval.)

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed. He noted the proposed property contains a single-family home and a former gas station. He added the proposed would allow the use of a non-residential structure in a residential district. Mr. Rognstad noted the property owner would like to make the former gas station into a single-family home. He added this will be a little different than the rest of the neighborhood because there will be two single-family homes on one lot. Mr. Rognstad noted the Planning and Zoning Commission and staff recommend approval.

Councilman Compton asked if parking would be a concern. Mr. Rognstad responded in the negative, adding they will use the existing drive for the former gas station and there is a canopy with parking available underneath.

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

The following bills appeared on the agenda under First Reading Bills.

Tattooing, Body Piercing, and Branding

Sponsor: O'Neal. Council Bill 2012-010. A general ordinance amending Chapter 58 - Health and Sanitation, Article I - In General, of the Springfield City Code by adding three new sections relating to Tattooing, Body Piercing and Branding.

Dan Wichmer, City Attorney, gave a brief overview of the proposed. He noted the proposed was created at the request of former Councilman Ibarra due to a request from his constituents. He added that former Councilman Ibarra had been negotiating with the neighbors over the activities occurring at a certain property to create a bill that would be a good compromise for all parties. Mr. Wichmer noted the requirements in the proposed are similar to those currently used for alcohol permits. He added if the requestor cannot get the required signatures from their neighbors to practice body suspension; it would come before Council for approval. Mr. Wichmer noted line 33 on page 2 shall say "the Health Department who shall issue an annual permit". He added the proposed states if you want to do outdoor body suspension on your property you would have to get 100% of the adjoining property owner's signatures and 50% of the property owners within 185-feet that are not adjoining. Mr. Wichmer noted if the aforementioned requirements cannot be met the application would come to Council for review.

Councilman Rush asked why the proposed was created. Mr. Wichmer responded body suspension was being done in a yard, the neighbor's child witnessed it, and a complaint was brought to former Councilman Ibarra.

Councilman Burlison asked Kevin Gipson, Director of the Health Department how his department would be affected by the proposed. Mr. Gipson responded his department plans to utilize existing staff for the proposed. He added a fee will be set in the annual fee study. Mr. Wichmer noted the purpose of the proposed is not to regulate the practice, but to keep track of who is doing it.

Councilman Rush asked if local tattoo parlors are licensed. Mr. Gipson responded they are licensed by the State of Missouri. He added the State of Missouri regulates and enforces the aforementioned licenses. Councilman Rush asked what would be done if a complaint was received that there was a branding done at a resident and a small child was present. Mr. Wichmer responded the proposed does not include activities inside a residence. Councilman Rush asked if that child would be protected by State law. Mr. Wichmer responded in the negative.

Councilman Bieker asked for clarification regarding the term "in general view of the public" included in the proposed. Mr. Wichmer responded if privacy precautions are taken by the neighbor it may not be considered in "general view of the public". He added the proposed will help to give neighbors the ability to state that they find the act offensive and do not want it done around their home.

An opportunity was given for citizens to express their views.

The following citizens spoke in opposition of the proposed: Shane Shields, 1403 E. Elm; Richard Pierceall, Tulsa, Oklahoma; and Linda Ogan, 1211 N. Main. They each expressed their belief that they have the right to practice body suspension and do not feel as though they have not done anything offensive to the community. They also expressed their belief that the act of body suspension could be considered religious expression and should not be regulated. They expressed their belief that as property owners they have the right to practice body suspension responsibly in their own yard.

Councilman Rush asked Mr. Shields what he would like to see changed in regards to the proposed. Mr. Shields responded his organization does not feel that they should be regulated under the same statutes as tattooing, body piercing, and branding. Mr. Wichmer noted in order to put a hook in someone that could be considered body piercing because you would be piercing the skin.

The following citizens spoke in support of the proposed: Aaron King, 1221 N. Main; and Linda Wahl, 1606 W. Lindberg. They each expressed their belief that the act of body suspension should not be done in general view of the public. They expressed concern that this act could be offensive not only to adults, but especially to children. They also expressed their belief that as property owners they have the right to not have body suspension occur around their homes.

Councilman Rush asked Mr. Pierceall if he opposes this bill. Mr. Pierceall noted the ordinance originally banned the act of body suspension so he worked with former Councilman Ibarra to create the proposed, adding his organization believes the proposed is oppressive.

Councilman Burlison asked Mr. Pierceall if knows of other areas where body suspension is banned. Mr. Pierceall responded only two states regulate body suspension. He added one state bans the practice and the other state requires a doctor be present during the suspension.

Councilman Rush asked for clarification regarding a doctor being present during the suspension. Mr. Pierceall responded a doctor is required to be present in Florida, but that requirement is currently being amended.

Mayor Pro Tem Stephens noted a 10-minute break would be held and Council would reconvene at 8:35 p.m.

After the meeting was reconvened, Councilman Bieker asked for clarification regarding the proposed being considered a religious practice. Mr. Wichmer responded a religious practice would be excluded from the State regulations; however the act of body suspension would not be considered a recognized religion.

With no further appearances, the discussion was closed.

GCSCSF Grant

Sponsor: Bieker. Council Bill 2012-016. A special ordinance authorizing the City Manager, or his designee, to apply for and accept funding from the Greene County Senior Citizens' Services Fund (GCSCSF) in the amount of $163,591.49; authorizing the City Manager, or his designee, to enter into necessary agreements to carry out the grant; and amending the budget of the Springfield-Greene County Health Department for Fiscal Year 2011-2012 in the amount of $43,591.49.2012-016

Kevin Gipson, Director of the Health Department, gave a brief overview of the proposed. He noted this is the fifth year for the Health Department's Shingle vaccine program. He added the program began in 2008 with a grant from the Greene County Senior Board which was a special taxing board for senior services. Mr. Gipson noted the program has been very successful, adding 1,100 vaccinations were given to Greene County residents over 60 years of age. He added during the duration of the entire program over 3,000 Shingles vaccinations have been administered in Greene County. Mr. Gipson noted the Shingles vaccine is very expensive and this program makes it more accessible for all senior citizens.

Councilman Rush moved to table the proposed until the next Council meeting due to the number of Councilmember's absent. Councilman Compton seconded the motion and following the suspension of the rules, it was discussed.

Mr. Wichmer informed Councilman Rush that the public hearing could be continued to the next meeting, rather than tabling it, since this is the first reading of the bill.

Councilman Rush withdrew his motion and moved to continue the public hearing on the proposed to the next Council meeting. Councilman Compton seconded the motion and it was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, and Rush. Nays: None. Absent: Bailes, Rushefsky, and O'Neal. Vacant Seat: Zone 1.

Mr. Burris asked if there is any research that Council would like staff to work on prior to the next Council meeting. Councilman Burlison responded he would like the Health Department to answer the following questions:

1) What is the actual need for Shingles vaccines for older citizens?

2) Does the vaccine distributor have a "monopoly" on this product?

An opportunity was given for citizens to express their views. With no appearances, the discussion was continued to the next Council meeting.

The following bills appeared on the agenda under Emergency Bills.

The following bills appeared on the agenda under Public Improvements.

The following bills appeared on the agenda under Grants.

UNFINISHED BUSINESS

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

NEW BUSINESS

The City Manager recommended the following appointment to the Board of Adjustment: Robert Sweere with term to expire January 1, 2014.

The City Manager recommended the following appointments as alternates to the Board of Adjustment: Gabrielle White with term to expire January 1, 2016; and Larry Russell and Leonard Caswell with terms to expire January 1, 2017.

The issue of possible changes to the Nuisance Ordinance was referred to the Plans and Policies Committee.

Councilman Burlison asked about the origin of this referral. Mr. Wichmer responded Councilman Bieker and Councilman Compton requested this referral.

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.

The following bills appeared on the agenda under Consent Agenda - First Reading Bills.

Agreement with City of Republic

Sponsor: Rushefsky. Council Bill 2012-011. A special ordinance authorizing the City Manager, or his designee, to enter into an agreement with the City of Republic, Missouri, for the use of a consolidated Records Management System (RMS).

Salary Ordinance

Sponsor: Stephens. Council Bill 2012-012. A general ordinance amending Chapter 2, Section 2-92 of the Springfield City Code, known as the "Salary Ordinance", relating to salary rates and pay grades for various new job titles in the Department of Environmental Services as contained in the Crafts, Trades, and Labor (CTL) and Professional, Administrative and Technical (PAT) salary schedules, by making provision for three new job titles, deleting one job title, and adding one additional FTE position for the new job title of Plant Operations Supervisor and adding one additional FTE position for the new job title of Plant Biologist; and amending and adjusting the 2011-2012 budget of the City of Springfield, Missouri, to adjust the authorized employee positions of the City.

Planned Development District No. 46

Sponsor: Compton. Council Bill 2012-013. A special ordinance approvingthe Final Development Plan of Planned Development District No. 46 generally located at 1726 West Elfindale Street. (Planning and Zoning Commission and staff recommend approval.)

Project No. 8P2236

Sponsor: Rush. Council Bill 2012-014. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission (MHTC) to coordinate participation by the City in the cost of the Commission's Project No. 8P2236, which involves sidewalk improvements on Route 744 (Kearney Street) from Route 13 (Kansas Expressway) to Business Loop 44 (Glenstone Avenue).

Termination of Contract with WOW

Sponsor: O'Neal. Council Bill 2012-015. A special ordinance terminating the February 1999 contract between the City of Springfield and Wonders of Wildlife, f/k/a American National Fish and Wildlife Museum District (WOW) and authorizing the redirection of payments from the Hotel-Motel Tax to be received by WOW under said agreement to entities selected by City Council as having qualified to receive such payments pursuant to the terms of the February 3, 1998 ballot question as approved by the citizens of Springfield on said date, as well as the terms contained in Special Ordinance No. 23448; and repealing Special Ordinance No. 25938.

Council Bill 2012-016 was read and discussed under First Reading Bills.

Assistance to Firefighters Grant

Sponsor: Rush. Council Bill 2012-017. A special ordinance authorizing the City Manager, or his designee, to accept an Assistance to Firefighters Grant through the Federal Emergency Management Agency to replace extrication equipment and install fire sprinkler systems in fire stations; and amending the budget provided for the Fire Department of the City of Springfield, Missouri, for Fiscal Year 2011-2012 in the amount of $814,897.

The following bills appeared on the agenda under Consent Agenda - One Reading Bills.

Extension of State Street

Sponsor: Stephens. Council Bill 2012-018. A special ordinance authorizing the City Manager, or his designee, to enter into a Break in Limited Access Agreement with the Missouri Highways and Transportation Commission ("MHTC") for the purpose of access to West Bypass (US 160) for the extension of State Street; amending the budget of the Public Works Department for Fiscal Year 2011-2012 in the amount of $56,250; and declaring an emergency.

Council Bill 2012-018. Special Ordinance 26001 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Council Chambers/CityView HVAC

Sponsor: O'Neal. Council Bill 2012-019. A special ordinance approving the plans, specifications, and the bid of Gold Mechanical, Inc., for the Council Chambers/CityView heating, ventilation, and air conditioning (HVAC) project; and amending the budget of the Public Works Department for Fiscal Year 2011-2012 in the amount of $400,000 to appropriate Level Property Tax funds.

Council Bill 2012-019. Special Ordinance 26002 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Sanitary Sewer District No. 19K of Section No. 1

Sponsor: Compton. Council Bill 2012-020. A special ordinance accepting the bid of Webster County Excavating, LLC, in the amount of $95,720.55 for the construction of sanitary sewers in Sanitary Sewer District No. 19K of Section No. 1, located in the vicinity of Oak Park Avenue at Grand Street in the City of Springfield, Missouri; 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 specifically 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, of the City of Springfield, Missouri, to enter into a contract and to approve the bond for said improvement; and authorizing progress payments to be made to the contractor.

Council Bill 2012-020. Special Ordinance 26003 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Gas Collection & Conveyance System Phase IV

Sponsor: Rushefsky. Council Bill 2012-021. A special ordinance approving the plans, specifications, and the bid of Landmarc Environmental Systems, LLC, for the construction of nine vertical gas extraction wells and associated header/lateral piping, otherwise known as Gas Collection & Conveyance System Phase IV project at the Springfield Sanitary Landfill; authorizing the City Manager, or his designee, to enter into a contract for said improvements; and amending the budget of the Environmental Services Department for the Solid Waste Fund for Fiscal Year 2011-2012 in the amount of $160,000.

Council Bill 2012-021. Special Ordinance 26004 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Sanitary Sewer District No. 153 of Section No. 12

Sponsor: Bailes. Council Bill 2012-022. A resolution declaring it necessary to construct sanitary sewers in Sanitary Sewer District No. 153 of Section No. 12 in the City of Springfield, Missouri, located in the general vicinity of Lone Pine Avenue south of Battlefield Road; and providing for publication and notices.

Council Bill 2012-022. Resolution 9927 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Council Bill 2012-023 was read, amended, and approved under Resolutions.

Rezoning: 1900 Block of East Republic Road

Sponsor: Bailes. Council Bill 2012-024. A resolution initiating a rezoning request for property located generally at the 1900 block of East Republic Road.

Council Bill 2012-024. Resolution 9928 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

The following bills appeared on the agenda under Consent Agenda - Second Reading Bills.

Sponsor: Stephens. Council Bill 2011-280. A special ordinance authorizing the City Manager, or his designee, to enter into an addendum, amending Contract No. 2011-0946, with Black and Veatch Corporation, to provide services for Stage 2 of the development of the City's Sanitary Sewer Overflow Control Program, and amending the budget of the Department of Environmental Services for the City of Springfield, Missouri, for Fiscal Year 2011-2012, in the amount of $1,386,000.

Council Bill 2011-280. Special Ordinance 26005 was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, Rushefsky, and Rush. Nays: None. Absent: Bailes and O'Neal. Vacant Seat: Zone 1.

Closed Session

Councilman Rush moved City Council hold a closed session to discuss leasing, purchase or sale of real estate by a governmental body where public knowledge of the transaction might adversely affect the legal consideration therefore, pursuant to section 610.021 (2), RSMO.2009; and this meeting, record, and vote to be closed and the City Council shall stand adjourned at the end of the closed session. Councilman Burlison seconded the motion and it was approved by the following vote: Ayes: Burlison, Stephens, Bieker, Compton, and Rush. Absent: Bailes, Rushefsky, and O'Neal. Vacant Seat: Zone 1.

Brenda M. Cirtin, MMC/MPCC

1/17/12 lh

City Clerk