City Council Summary
MAY 7, 2012

City Council meetings are held every other Monday at 6:30 p.m. in City Council Chambers, 830 Boonville. The public is invited to attend. For information about addressing Council on an issue, please contact the City Clerk at 417.864.1650 or by e-mail (attention: City Clerk).

The following is a summary of the meeting of MAY 7, 2012. For official minutes of this meeting, please contact the City Clerk's office.

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

1. ROLL CALL.
2. APPROVAL OF MINUTES. – April 23, 2012 and April 30, 2012
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. Swear in Ed Griesebaum to the Citizens Advisory Committee for Community Development; and Kirk Elmquist to the Art Museum Board.
6. CITY MANAGER REPORTAND RESPONSES TO QUESTIONS RAISED AT THE APRIL 23, 2012 AND APRIL 30, 2012 MEETINGS.
   
   Ruthie's Bar Lawsuit
   A court date of June 12 has been set for the suit, which challenges the City of Springfield's smoking ban.
   
   May Sales Tax Revenue
   We received our monthly sales tax report for May and we are down 15.59% when compared to the May 2011. For the fiscal year, sales tax revenue is 6.90% higher than last year. We do not know the reason for the decline in May’s revenue, but will have more information in a few weeks when we receive the monthly reports from the Department of Revenue.
   
   Environmental Services
   Burris announced the Steve Meyer, Director of the City's Environmental Services Department, will present the Amended Consent Judgment – an agreement with the Missouri Department of Natural Resources – which outlines agreed-upon improvements to the City's wastewater systems.
   
   The Department also received the 2012 Outstanding Management of Wastewater Biosolids Award from the Missouri Water Environment Association. The award recognizes the department as a leader in biosolids management and a model for the smart, environmentally friendly recycling of waste products. Trent Stober, representing the Association, presented the award to the Department of Environmental Services.
   
   Questions:
   Councilwoman Cynthia Rushefsky asked Burris if the Housing Authority could address Council in a future public forum.
7. COUNCIL BILLS FOR PUBLIC HEARING.
8. FIRST READING BILLS. CITIZENS MAY SPEAK. NOT ANTICIPATED TO BE VOTED ON.
9. COUNCIL BILL 2012-128. (Stephens) (PASSED UNANIMOUSLY)
   A special ordinance authorizing the City Manager to enter into an Amended Consent Judgment with the Missouri Department of Natural Resources (MDNR); and declaring an emergency.
   
   National expert Paul Calamita explained the agreement with Missouri Department of Natural Resources regarding the city's sewer system. The agreement, called an Amended Consent Judgment, calls for $50 million in improvements to the City's wastewater systems. Wastewater services are important because they protect water quality, safeguard public health and support future development.
   
   Councilman Thomas Bieker commended the staff for their hard work and diligence in working with the MDNR in reaching this agreement. Mayor O'Neal echoed his comments and praised all involved for not only finding a solution, but finding an affordable for solution for the community.
10. COUNCIL BILL 2012-112. (O’Neal) (Will vote at next meeting)
    A special ordinance authorizing and directing the issuance, sale and delivery by the City of Springfield, Missouri of Special Obligation Bonds (Sewer System Improvements Project), Series 2012 in an aggregate principal amount not to exceed $32,000,000 for the purpose of providing funds to pay costs related to certain sewer system improvements in the City; authorizing and approving certain documents in connection with the issuance of the Bonds; authorizing certain other documents and actions in connection therewith; and declaring an emergency
11. COUNCIL BILL 2012-129. (Stephens) (Will vote at next meeting)
    A special ordinance authorizing the City Manager, or his designee, to amend Contract No. 2011-0946, with Black and Veatch Corporation, to provide services for Stage 3 of the development of the City’s Sanitary Sewer Overflow Control Program, and to amend the budget of the Department of Environmental Services for the City of Springfield, Missouri, for Fiscal Year 2011-2012, in the amount of $6,460,000.
12. COUNCIL BILL 2012-130. (O’Neal) (Will vote at next meeting)
    A special ordinance approving a budget adjustment to amend the Fiscal Year 2011-2012 budget for the Department of Environmental Services of the City of Springfield, Missouri, in the amount of $2,120,000, by appropriating reserves of the Clean Water Fund for the development and implementation of a pilot-scale Private Inflow and Infiltration (I/I) Abatement Program.
13. COUNCIL BILL 2012-131. (Rush) (Will be voted on next meeting)
    A general ordinance to approve limited revisions to the City Utilities “Service Rules and Regulations.”
14. COUNCIL BILL 2012-132. (Bailes) (Will be voted on next meeting)
    A special ordinance approving a budget adjustment to amend the Fiscal Year 2011-2012 budget of the Department of Public Works, in the amount of $4,000,000, by appropriating 1/8-Cent Transportation Sales Tax fund balance reserves to provide partial funding for high-priority transportation projects and programs in partnership with the Missouri Department of Transportation (MoDOT) and Greene County.
15. COUNCIL BILL 2012-133. (Burlison, Bieker, Seifried, and Stephens) (Will vote next meeting)
    A general ordinance submitting proposed amendments to Section 13.1, Time of elections, of the Springfield City Charter to the qualified voters of the City at the next special election held by the City of Springfield on August 7, 2012, to remove the February primary election for City Council races, and declaring an emergency. (Recommended by the Plans and Policies Committee.
16. COUNCIL BILL 2012-134. (Council) (Councilman Doug Burlison made a motion for an amendment to change the threshold from 10% of registered voters, to 5% of registered voters at the time of previous municipal election. It failed to receive a second. Mayor O'Neal made a motion to amend the amendment to 7%. It was seconded and passed. Voting on Council Bill 2012-134 will take place at next meeting)
    A general ordinance submitting a proposed amendment to Section 14.1 of the Springfield City Charter to the qualified voters of the City at the next special election held by the City of Springfield on August 7, 2012, in order to update and amend the Initiative Process, and declaring an emergency. (Recommended by the Plans and Policies Committee.)
17. COUNCIL BILL 2012-135. (Burlison, Bieker, Seifried, and Stephens) (TABLED)
    A general ordinance submitting proposed amendments to Sections 14.1, 14.6, 14.8 and 14.9 of the Springfield City Charter to the qualified voters of the City at the next special election held by the City of Springfield on August 7, 2012, in order to update and amend the Initiative Process, and declaring an emergency. (Recommended by the Plans and Policies Committee.)
18. RESOLUTIONS. CITIZENS MAY SPEAK. MAY BE VOTED ON.
19. COUNCIL BILL 2012-117. (O’Neal) (PASSED)
    A resolution adopting a Tax-Exempt Financing Compliance Procedure for the City of Springfield, Missouri.
20. EMERGENCY BILLS.
21. PUBLIC IMPROVEMENTS.
22. GRANTS.
23. AMENDED BILLS.
24. SECOND READING AND FINAL PASSAGE. CITIZENS HAVE SPOKEN. MAY BE VOTED ON. EXCEPT ITEM NOS. 27-36. MAYBE TAKEN TOGETHER. CITIZENS MAY SPEAK. MAY BE VOTED ON.
25. COUNCIL BILL 2012-110. (Bailes) (PASSED)
    A general ordinance amendingthe Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 6.13 acres of property located at the northeast corner of Harvard Avenue and Swallow Street from an R-SF, Single-Family Residential District, to a GR, General Retail District, and establishing Conditional Overlay District No. 50. (Both Planning and Zoning Commission and staff recommend approval.) (By: City of Springfield and Ed Seiger etal; Northeast corner of Harvard Avenue and Swallow Street; Z-06-2012/Conditional Overlay District No. 50.)
26. COUNCIL BILL 2012-111. (Stephens) (PASSED)
    A special ordinance authorizing the City Manager, or his designee, to enter into a Contract for Purchase of Real Estate with Republic Road, LLC for the purpose of selling 5.67 acres of City-owned property generally located at South Harvard Avenue and East Swallow Street; and amending the budget provided for the Public Works Department for Fiscal Year 2011-2012 in the amount of $430,000.
27. COUNCIL BILL 2012-127. (Stephens & Rushefsky)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, Springfield Smokefree Air Act of 2011, Section 58-1002, Definitions; Section 58-1004, Prohibition of smoking in enclosed public places; Section 58-1005, Prohibition of smoking in enclosed places of employment; and Section 58-1009, Where smoking not regulated; and repealing Section 58-1006, Smoking prohibited in private clubs, in its entirety.
28. COUNCIL BILL 2012-127. SUBSTITUTE NO.1 (Burlison)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, Springfield Smokefree Air Act of 2011, Section 58-1002, Definitions; Section 58-1004, Prohibition of smoking in enclosed public places; Section 58-1005, Prohibition of smoking in enclosed places of employment; and Section 58-1009, Where smoking not regulated; and repealing Section 58-1006, Smoking prohibited in private clubs, in its entirety. (exempts bars)
29. COUNCIL BILL 2012-091. (Council)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; deleting e-cigarettes from the definition of smoking exempting such devices from this Act.
30. COUNCIL BILL 2012-093. (Council)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1004, Prohibition of smoking in enclosed public places; Section 58-1005, Prohibition of smoking in enclosed places of employment; and Section 58-1009, Where smoking not regulated; to include theatrical productions.
31. COUNCIL BILL 2012-092. (Council)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; Section 58-1004, Prohibition of smoking in enclosed public places; and Section 58-1005, Prohibition of smoking in enclosed places of employment; to remove tobacco stores from the smoking prohibition contained in this Act.
32. COUNCIL BILL 2012-094. (Council)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; Section 58-1004, Prohibition of smoking in enclosed public places; Section 58-1005, Prohibition of smoking in enclosed places of employment; and Section 58-1009, Where smoking not regulated; to include cigar bars.
33. COUNCIL BILL 2012-095. (Council)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; repealing Section 58-1006, Prohibition of smoking in private clubs; and amending Section 58-1009, Where smoking not regulated; to include private clubs.
34. COUNCIL BILL 2012-124. (O’Neal)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions, adding Cigar Bar and Retail Tobacco Store to this Act.
35. COUNCIL BILL 2012-125. (O’Neal)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; adding Bingo Parlor and Member Volunteer to this Act and exempting Private Clubs from this Act.
36. COUNCIL BILL 2012-126. (O’Neal)
    A general ordinance amending Chapter 58, Health and Sanitation, Article X, of the Springfield City Code for the City of Springfield, Missouri, Springfield Smokefree Air Act of 2011: Amending Section 58-1002, Definitions; Section 58-1002. – Bar.
37. UNFINISHED BUSINESS.
38. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.
39. NEW BUSINESS.
40. The Public Involvement Committee recommends the following appointment to the Police Officers and Fire Fighters Retirement System Board of Trustees: Brian Allen with term to expire April 30, 2015.
41. The Public Involvement Committee recommends the following appointment to the Citizens Sales Tax Oversight Committee: Gus Krafve with term to expire May 1, 2013.
42. The City Manager recommends the following appointment to the Industrial Development Authority: Jeffrey S. Schmitt with term to expire October 31, 2015.
43. The City Manager recommends the following reappointment to the Industrial Development Authority: Charles W. Ladd with term to expire October 31, 2017.
44. The City Manager recommends the following appointment to the Building Trades Examination and Certification Board: John Nicholson with term to expire October 1, 2014.
45. MISCELLANEOUS
46. CONSENT AGENDA – FIRST READING BILLS.SEE ITEM # 3. (PASSED)
47. COUNCIL BILL 2012-136. (Rush)
    A special ordinance authorizing the City Manager, or his designee, to enter into an Intergovernmental Agreement with the City of Springfield Board of Public Utilities for the purpose of sharing in the cost of improving pedestrian access to the public bus system.
48. COUNCIL BILL 2012-137. (Seifried)
    A special ordinance to approve the execution of the Southwest Missouri Joint Municipal Water Utility Commission Joint Contract for the purpose of joining the Southwest Missouri Joint Municipal Water Utility Commission pursuant to the provisions of the Joint Municipal Utility Commission Act and appointing a Director and Alternate Director thereof.
49. COUNCIL BILL 2012-138. (Seifried)
    A special ordinance to approve the Board of Public Utilities, on behalf of the City of Springfield, to approve an agreement with Bank of America to provide depository services to City Utilities.
50. COUNCIL BILL 2012-139. (Rushefsky)
    A special ordinance approving the sale of real property located at 325 South Hampton Avenue to Nick Love in the amount of $10,500 and authorizing the issuance of a deed for same.
51. COUNCIL BILL 2012-140. (Compton)
    A special ordinance approving the sale of real property located at 3061 West Grand Street to Habitat for Humanity in the amount of $500 and authorizing the issuance of a deed for same.
52. COUNCIL BILL 2012-141. (Seifried)
    A special ordinance approving the sale of real property located at 1116 North Forest Avenue to Wanda Craig in the amount of $1,000, authorizing the issuance of a Contract for Deed for same, and once all installments are made, authorizing the issuance of a Special Warranty Deed for same.
53. COUNCIL BILL 2012-142. (Bieker)
    A special ordinance authorizing the City Manager, or his designee, to enter into three Supplemental Agreements for Highway/Rail Crossing Improvements with the Missouri Highways and Transportation Commission (MHTC) and BNSF Railway Corporation (BNSF) for the purpose of funding, installation, and maintenance of warning devices and other improvements at highway/rail crossings on Division Street, Grand Street, and Chestnut Expressway.
54. CONSENT AGENDA – ONE READING BILLS.
55. CONSENT AGENDA – SECOND READING BILLS.CITIZENS HAVE SPOKEN. MAY BE VOTED ON.
56. COUNCIL BILL 2012-105. (Compton)
    A special ordinance authorizing the issuance of Conditional Use Permit No. 397, to allow an auto body fender repair and paint shop within an HC, Highway Commercial District, at 3131 South Campbell Avenue on certain conditions. (Planning and Zoning Commission and staff recommend approval.)
57. COUNCIL BILL 2012-106. (Bieker)
    A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.27 acres, generally located at 1350 E. Woodhurst Street, from PD, Planned Development District No. 20, to a GR, General Retail District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Clairmont, Inc.; 1350 Woodhurst Drive; Z-05-2012.)
58. COUNCIL BILL 2012-107. (Seifried)
    A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.55 acres of property generally located at 637 West Tampa Street from GM, General Manufacturing District, to CS, Commercial Services District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Fast Finish, LLC; 637 W. Tampa Street; Z-7-2012.)
59. COUNCIL BILL 2012-108. (Compton)
    A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.103 acres, generally located at 502, 513, and 520 West Walnut Street, from CC, Center City, to a CS, Commercial Services District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Dodson Williams Automotive, Inc.; 502, 518, & 520 West Walnut Street; Z-04-2012.)
60. COUNCIL BILL 2012-109. (Rush)
    A special ordinance adopting the Springfield Tire Exchange Redevelopment Plan and Blight Report for an area generally located at the northwest corner of West McDaniel Street and South Market Avenue. (The Land Clearance for Redevelopment Authority of the City of Springfield, Missouri, the Planning and Zoning Commission and Staff recommend approval.)
61. COUNCIL BILL 2012-119. (Rush)
    A special ordinance approving the plans, specifications, and the bid of Emery Sapp & Sons, Inc., for the Campbell Avenue North Phase 1 Streetscape Project (Plan No. 2011PW0049); and amending the budget of the Environmental Services Department for Fiscal Year 2011-2012 in the amount of $228,500 to appropriate Clean Water Services funds.
62. COUNCIL BILL 2012-120. (Stephens)
    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 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 adding six (6) new job titles;and approving eight (8) additional full-time employees (FTE); and amending and adjusting the 2011-2012 budget of the City of Springfield, Missouri, Department of Environmental Services, to adjust the number of authorized employee positions of the City.
63. COUNCIL BILL 2012-113. (Rushefsky)
    A special ordinance authorizing the City Manager, or his designee, along with Greene County, Missouri, to apply for and accept a joint Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice for law enforcement purposes; to enter into an Interlocal Agreement with Greene County, Missouri; and amend the budget provided for the Police Department of the City of Springfield, Missouri, for Fiscal Year 2011-2012 in the amount of $99,840.
64. COUNCIL BILL 2012-114(Seifried)
    A special ordinance authorizing the City Manager, or his designee, to enter into a Crossing Surface Installation Agreement with BNSF Railway Company for the purpose of coordinating participation by the City in the cost of the BNSF New Concrete Crossing Surface Project at the intersection of Division Street and National Avenue.
65. COUNCIL BILL 2012-115. (Bailes)
    A special ordinance authorizing the City Manager, or his designee, to enter into a Crossing Surface Installation Agreement with BNSF Railway Company for the purpose of coordinating participation by the City in the cost of the BNSF New Concrete Crossing Surface Project on Lone Pine Street near the intersection of Galloway Street.
66. COUNCIL BILL 2012-116. (Rushefsky)
    A special ordinance authorizing the City Manager, or his designee, to enter into a Crossing Surface Installation Agreement with BNSF Railway Company for the purpose of coordinating participation by the City in the cost of the BNSF New Concrete Crossing Surface Project on Packer Road, near the intersection of Atlantic Street.
    
    • END OF CONSENT AGENDAS•
    
    Mayor Jim O'Neal read his letter of resignation.
    
    
67. ADJOURN