August 11, 2008

Springfield, Missouri

	The City Council met in regular session August 11, 2008 in the Council Chambers at City Hall. The meeting was called to order by Mayor Thomas J. Carlson. A prayer was given by Cindy Rushefsky.
Roll Call	Present: Denny Whayne, Doug Burlison, Gary Deaver, Mary Collette, Dan Chiles, John Wylie, Ralph Manley, Cindy Rushefsky and Mayor Tom Carlson. Absent: None.
Minutes	There being no additions, deletions, or corrections, the minutes of July 28, 2008 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as amended. Doug Burlison requested Council Bill 2008-244 be removed from Consent Agenda First Reading Bills. Brenda Cirtin, City Clerk, informed Council that Council Bill 2008-244 would become item #15.5 under First Reading Bills. Ms. Cirtin informed Council that the developer had requested Council Bill 2008-241 be removed from the agenda.
	Mayor Carlson recognized Boy Scout Troops from Trinity Lutheran Church and Schweitzer United Methodist Church, who are working on their communications and citizenship in the community badge.
	CEREMONIAL MATTERS
	Diane Elizabeth Osis, Sister Cities, presented Council with gifts from our Sister City, Tlaquepaque, Mexico. Mayor Carlson expressed his appreciation to Ms. Osis for her work with the Sister Cities Association.
	RESPONSES TO QUESTIONS RAISED AT THE JULY 28, 2008 COUNCIL MEETING AND CITY MANAGER’S REPORT.
Manager’s Report	Evelyn Honea, Interim City Manager, indicated that all questions had been answered. Ms. Honea expressed gratitude to all of the citizens who voted for the 1/8^th transportation sales tax in the election held Tuesday, August 5, 2008. She added the approval rating was over 80%. Ms. Honea noted the Springfield Branson National Airport recently announced new service with Allegiant Airlines from Springfield to Phoenix, Arizona. She added Allegiant Airlines will be providing two flights per week beginning August 22, 2008. Ms. Honea noted April Lathram, CPA, will be joining the city as the new Internal Auditor. She added Ms. Lathram joins the City from the Missouri State Auditor’s office and is a member of the auditing team that conducted the audits of the City of Springfield and City Utilities. Ms Honea noted Ms. Lathram would report to City Council’s Finance Committee and she would start on August 25, 2008.
	The following bills appeared on the agenda under Public Hearing Bills.
2244 East Pythian Street	Sponsor: Rushefsky. Council Bill 2008-236. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 30 acres of land, generally located at 2244 East Pythian Street, more particularly described in this ordinance, from a GM, General Manufacturing District, to an LI, Light Industrial District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Keystone America, Inc.; 2244 East Pythian Street; Z-21-2008.)
	Mike MacPherson, Planning Department, gave a brief description of the proposed. He noted the applicant is requesting the rezoning of this property, Eastlawn Cemetery so the existing chapel building could be used as a funeral home and potentially a crematorium. Mr. MacPherson noted the neighbors have not opposed the request and the Planning and Zoning Commission and staff recommend approval.
	A public hearing was announced on Council Bill 2008-236. With no discussion the public hearing was declared closed.
316 East Sunshine Street	Sponsor: Manley. Council Bill 2008-237. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Official Zoning Maps, by rezoning approximately 0.197 acres from an R-SF, Single-Family Residential District, to an O-1, Office District, and approximately 0.054 acres from an O-1, Office District, to an R-SF, Single-Family Residential District, generally located at 316 East Sunshine Street (Planning and Zoning Commission and staff recommend approval). (By: Jefferson Avenue Baptist Church; 316 East Sunshine Street; Z-02-2008.)
	Mr. MacPherson gave a brief description of the proposed. He noted the purpose of the proposed rezoning is to build a family center at the Jefferson Street Baptist Church. Mr. MacPherson noted the church would like to expand and has completed a lot line adjustment. He added the proposed rezoning would match the lot line adjustment and accommodate the zoning. Mr. MacPherson noted the Planning and Zoning Commission and staff recommend approval. Mary Collette asked for clarification regarding the position of the lot line adjustment. Mr. MacPherson responded there are two lot line adjustments in the proposed. Mr. MacPherson pointed out the proposed lot line adjustments on the projected map.
	A public hearing was announced on Council Bill 2008-237. With no discussion the public hearing was declared closed.
3040 East Cherry Street	Sponsor: Rushefsky. Council Bill 2008-238. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Official Zoning Maps, by rezoning approximately 33.91 acres of land, generally located at 3040 East Cherry Street, more particularly described in this ordinance, from a GM, General Manufacturing District, to an R-LD, Low-Density Multi-Family Residential District; and establishing Conditional Overlay District No. 20. (Both Planning and Zoning Commission and staff recommend approval.) (By: Burks Development Corporation; 3040 East Cherry Street; Z-20-2008 and Conditional Overlay District 20.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed rezoning would include a Conditional Overlay district that limits development to a maximum of seven dwelling units per acre, which is equal to normal single family development zoning. Mr. MacPherson noted the proposed encourages infill development in properties by allowing the units to be clustered on the developable portions of the property. Mr. MacPherson added the Planning and Zoning Commission and staff recommend approval.
	A public hearing was announced on Council Bill 2008-238. Art Haseltine, 3041 South Kimbrough, spoke, for the developer, in support of the proposed. He noted the proposed would include approximately 45% of green space. Mr. Haseltine noted the engineering firm had a representative available if there were any questions from Council. With no further discussion the public hearing was declared closed.
3610 East Kearney Street	Sponsor: Rushefsky. Council Bill 2008-239. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 69 acres of land generally located at 3610 East Kearney Street, more particularly described in this ordinance, from Planned Development District No. 229 Amended to an HM, Heavy Manufacturing District; and establishing Conditional Overlay District No. 22. (Both Planning and Zoning Commission and staff recommend approval.) (By: Springfield Underground, Inc.; 3610 East Kearney; Z-22-2008 and Conditional Overlay District 22.)
	Mr. MacPherson gave a brief description of the proposed. He noted the applicant had requested the first condition in the Conditional Overlay be modified by widening LeCompte Road to four lanes between Kearney Street and the railroad tracks. He added the change requested by the applicant represents how the condition appeared in the staff report to the Planning and Zoning Commission, however, at the Planning and Zoning Commission public hearing staff stated the language regarding the median and left turn lane needed to be added and staff believed the applicant was in agreement. Mr. MacPherson noted since the language of the first condition was specifically considered by the Planning and Zoning Commission, staff recommends the application be remanded to the Planning and Zoning Commission for review and recommendation.
	Mayor Carlson asked for clarification regarding Council’s policy on such issues. Ralph Rognstad, Director of Planning, responded that the applicant’s and staff’s concerns need to be clarified through review by the Planning and Zoning Commission.
	A public hearing was announced on Council Bill 2008-239. Frank Evans, Lathrop and Gage Law Firm, 1845 South National Avenue, spoke for the applicant regarding the proposed. Mr. Evans noted the proposed language changes were made by City staff, and not the applicant. He added the applicant requests the original language that was submitted to and approved by the Planning and Zoning Commission remain in the proposed. Dan Chiles asked for clarification regarding the future plans for the proposed property. Mr. Evans responded there are no plans for development at this time, but the original language would assist the applicant with future development. Cindy Rushefsky asked for clarification regarding the City’s future burdens with the proposed. Mr. Evans responded before any development could occur the issue would need to be brought before Council for review. John Wylie asked Dan Wichmer, City Attorney, for clarification regarding the information presented in the proposed. Mr. Wichmer responded that any disputed issues between staff and the applicant those items should not be brought before Council to resolve. He added after further review by staff it was recommended that this issue be remanded back to the Planning and Zoning Commission for further review. Mayor Carlson asked for clarification regarding when this would come back before Council if remanded to the Planning and Zoning Commission. Ralph Rognstad, Director of Planning, responded the issue could be brought before Council on September 15, 2008. Marc Thornsberry, Director of Public Works, noted Public Works would agree with Mr. Evans that at whatever time this project comes forward it should be required to meet Public Works standards required at that time.
	With no further discussion the public hearing was declared closed.
	Mr. Wylie moved to remand the proposed to the Planning and Zoning Commission for additional review. Ralph Manley seconded and the motion was approved.
	The following bills appeared on the agenda under First Reading Bills.
Amend Budget/Airport Department	Sponsor: Carlson. Council Bill 2008-240. A general ordinance amending the 2008-2009 budget for the City of Springfield, Missouri, Airport Department, by changing the authorized job positions for said department, as described herein.
	Ms. Honea gave a brief description of the proposed. She noted the proposed provides for an additional ten positions to accommodate the fueling operations for the new terminal for the Springfield Branson National Airport. She added the fueling operations would be split between the general aviation and the new terminal, when it is completed. Ms. Honea noted by providing for these positions now, they will have the opportunity to hire and train for these positions as soon as possible. Mr. Deaver asked for clarification regarding the use of the enterprise fund for the proposed. Ms. Honea responded the proposed positions would be paid for by revenue generated by the Springfield Branson National Airport. Mr. Wylie asked for clarification regarding the possible revenue generated by the Springfield Branson National Airport being able to adequately cover the proposed expenditures. Ms. Honea responded forecasted figures show the expenditures would be covered.
	An opportunity was given for citizens to express their views. With no appearances the discussion was closed.
Waiver and Modification Agreement between the City of Springfield and College Station LLC.	Sponsor: Manley. Council Bill 2008-241. A special ordinance authorizing the City Manager to execute on behalf of the City a Waiver and Modification Agreement between the City and College Station, LLC, related to the redevelopment of an area in the City generally bounded by Olive on the north, Campbell on the east, McDaniel on the south, and Market on the west as a mixed use development commonly known as the College Station project; authorizing the City Manager to execute on behalf of the City documents described in the Waiver and Modification Agreement; authorizing the execution of documents and the taking of actions consistent therewith; and declaring an emergency.
	Council Bill 2008-241 was removed from the agenda due to a request from the applicant.
MSU/JVIC	Sponsor: Manley. Council Bill 2008-242. A special ordinance authorizing the City Manager or his designee, on behalf of the City of Springfield, to enter into an agreement with Missouri State University (MSU) to convey the following properties for expansion of the Roy Blunt Jordan Valley Innovation Center (JVIC) and IDEA Commons, said properties being generally located on the East side of the 600 Block of North Boonville Avenue, 530 North Boonville Avenue, the Southeast corner of Boonville Avenue and Tampa Street, 521 North Jefferson Avenue, and the remainder of the Missouri Farmers Alliance (MFA) property located in the 200 and 300 blocks of East Phelps Street.
	Mary Lilly Smith, Director of Economic Development, gave a brief description of the proposed. Ms. Smith noted the proposed would authorize the City of Springfield to enter into a purchase agreement with Missouri State University to transfer five properties to MSU. She added the proposed properties were purchased for development of Jordan Valley Park between 2003 and 2005. Ms. Smith noted the original concept for the proposed area included green space that would connect government plaza with downtown and include an amphitheater. She added when the Jordan Valley Innovation Center was developed in the Missouri Farmers Alliance (MFA) Mill building, a new opportunity was created for the City to develop this area.
	An opportunity was given for citizens to express their views. Dr. Michael Nietzel, President-MSU, gave a PowerPoint presentation in regards to the proposed. (This presentation is on file in the City Clerk’s Office.) Mr. Nietzel noted the proposed IDEA Commons would expand the Jordan Valley Innovation Center by focusing on innovation, design, entrepreneurship, and the arts. Don Landy, Vice President of Crosslink, spoke in support of the proposed. He noted his company has a keen expertise in chemistry and material science. Mr. Landy expressed his belief that the Jordan Valley Innovation Center has been a great asset to the community and local graduates. Dr. Roger Huckfelt, Medical Director of St. John’s Medical Research Institute, spoke in support of the proposed. He noted his organization is the healthcare collaborative partner with MSU in the Jordan Valley Innovative Project. Dr. Huckfelt noted the focus of the institute is translational research. He added that is when a physician or nurse informs him, as Medical Director, that an incident had occurred where there is not a medication available for an illness seen in their Institute. Mr. Huckfelt expressed his belief that the proposed would be very beneficial to the community. Greg Williams, Senior Vice President of Economic Development-Springfield Chamber of Commerce, spoke in support of the proposed. Mr. Williams noted the Springfield Chamber of Commerce and the Business Development Corporation wholeheartedly support the proposed. Jonathan Keeth, Erin Parrish, Keela Davis, and Nathaniel Smith, graduates of MSU and employees of JVIC, spoke in support of the proposed. They expressed their belief that JVIC will keep local graduates in Springfield by offering jobs that correspond to their degrees. Mayor Carlson expressed his appreciation to MSU for their presentation this evening. Mayor Carlson asked for clarification regarding the placement of a research park in an old industrial area downtown. Dr. Nietzel responded previous failed research parks were usually located on the outer edge of communities. He added many of these facilities failed due to the lack of amenities available and the fact that employees were not able to live in the area of the facility. Mr. Chiles expressed his appreciation to Dr. Nietzel for his presentation. Mr. Chiles asked Mr. Nietzel if he believes the proposed would be as prosperous as JVIC. Dr. Nietzel responded affirmatively. Denny Whayne asked for clarification regarding MSU’s future plans for the MFA silos. Dr. Nietzel responded they would potentially be remodeled aesthetically and used for branding and promotion of JVIC and the IDEA Commons. Mr. Manley expressed his support for the proposed. Ms. Collette expressed her appreciation to Dr. Nietzel for his presentation and expressed her support of the proposed. Ms. Rushefsky expressed her support of the proposed. Mr. Deaver expressed his appreciation to the four employees of JVIC who spoke this evening. Mr. Wylie expressed his appreciation to Dr. Nietzel for his presentation. He also expressed his appreciation to the four employees of JVIC who spoke this evening.
	An opportunity was given for citizens to express their views. Bob Mahoney, 766 South Augusta Drive, spoke in opposition of the proposed. He noted he does support the proposed program, but believes MSU should be required to pay full market value for the property. Mayor Carlson asked for clarification of the state law regarding the price allowed for the purchase of property by MSU. Mr. Nietzel responded due to state law the University cannot pay more than fair market value for the property.
	With no further appearances, the discussion was closed.
Replacement of Ozone Generators	Sponsor: Manley. Council Bill 2008-244. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an agreement with Black and Veatch Consulting Engineers, to provide for design services for the replacement of ozone generators and increase disinfection capacity of the Southwest Wastewater Treatment Plant (SWTP), and amending the budget for the City of Springfield, Missouri, in the Public Works Department for the fiscal year 2008-2009.
	Mr. Burlison asked for clarification as to the procedure followed regarding the bidding of the proposed. Marc Thornsberry, Director of Public Works, responded professional services are not bid. He added generally proposals are received and reviewed on these types of projects. Mr. Thornsberry noted two proposals were received. He added the firm not chosen proposed ultra-violet options, which would cost approximately $30 million. He added that both proposals would attain disinfection of 100 million gallons per day. Dan Wichmer, City Attorney, noted state law and city law states that bids are not required for professional services. Mr. Chiles asked for clarification regarding performance guarantees provided by the proposed firm. Mr. Thornsberry responded Black and Veatch Consulting Engineers did an evaluation of the effectiveness of the ozone disinfection prior to their being chosen for the proposed project. Mr. Chiles asked for clarification regarding testing and monitoring for chemicals in the water system. Mr. Thornsberry responded the disinfection technology would not assist in monitoring what is coming into the waste stream. He added no additional testing had been added to the current program.
	The following bills appeared on the agenda under Resolutions.
Administrative Delay regarding Storage Trailers, Containers, and Units	Sponsor: Deaver. Council Bill 2008-243. A resolution extending the existing administrative delay with respect to the construction, placement, location, and relocation of on-site storage trailers, storage containers, and temporary storage units as established in Resolution No. 9401 and extended in Resolution No. 9447, Resolution No. 9479, Resolution No. 9518, and Resolution No. 9564 for an additional year pending completion of amendments to Article I, Zoning, of the Springfield Land Development Code. (Staff recommends approval.)
	Ms. Honea gave a brief description of the proposed. She noted an additional year is necessary for proper consideration and review by the committee. Ms. Rushefsky asked for clarification regarding the possibility of tabling the proposed. Mr. Wichmer responded if a delay is not in place, you would refer back to the original ordinance which notes that all storage containers are not permitted. He added the proposed delay would let Council allow staff not to enforce the original ordinance. Mr. Burlison asked for clarification regarding the possible repealing of the original ordinance. Mr. Wichmer responded that repealing the ordinance would mean that no ordinance is in effect, which could cause unintended consequences. Mr. Wylie noted he had received positive feedback regarding the proposed delay. Mr. Chiles expressed his belief that the proposed delay would benefit the community by allowing staff to research and review the information and create a solution that would benefit all parties involved. Ms. Rushefsky expressed her belief that delaying the proposed gives a sense of uncertainty about what is going to occur in the future. Mayor Carlson expressed his concern that repealing the original ordinance would cause several citizens to be in violation of the ordinance. Mr. Rognstad noted a resolution would have to be passed by Council stating that no action would be taken regarding citizens violating the original ordinance, if the proposed delay was not approved.
	Council Bill 2008-243. Resolution 9615 was approved by the following vote: Ayes: Whayne, Deaver, Collette, Chiles, Wylie, Manley, Rushefsky, and Carlson. Nays: Burlison. Abstain: None. Absent: None.
	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 Second Reading Bills.
3900 Block of East Battlefield Road	Sponsor: Wylie. Council Bill 2008-220. A general ordinance amending the Springfield Land Development Code, Division I, Section 1-1600, Zoning Maps, by rezoning approximately 27.45 acres of land, generally located in the 3900 block of East Battlefield Road, more particularly described in this ordinance, from Planned Development District No. 261 to Planned Development District No. 327; repealing that portion of General Ordinance 5359 relating to this 27.45 acres. (Planning and Zoning Commission and staff recommend approval.) (By: Keith Keltner Corp.; 3900 block n/s of East Battlefield Road; Planned Development 327.)
	Mr. Deaver noted the proposed would create a better way to regulate covenants by utilizing this planned development.
	Council Bill 2008-220. General Ordinance 5771 was approved by the following vote: Ayes: Whayne, Burlison, Deaver, Collette, Chiles, Wylie, Manley, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.
2800 Block of South Camber Avenue	Sponsor: Wylie. Council Bill 2008-221. A special ordinance vacating a public way consisting of approximately 120 feet of an unbuilt street, generally located in the 2800 block of South Camber Avenue (Planning and Zoning Commission and staff recommend approval).
	Council Bill 2008-221. Special Ordinance 25454 was approved by the following vote: Ayes: Whayne, Burlison, Deaver, Collette, Chiles, Wylie, Manley, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.
Relocation of Detached Signs	Sponsor: Carlson. Council Bill 2008-222. A general ordinance amending the Land Development Code, Article I, Zoning, Division V, Supplemental District Regulations, Section 5-1400, Signs, to allow the relocation of detached signs due to public improvement projects. (Both Planning and Zoning Commission and Planning staff recommend approval.)
	Council Bill 2008-222. General Ordinance 5772 was approved by the following vote: Ayes: Whayne, Burlison, Deaver, Collette, Chiles, Wylie, Manley, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.