January 25, 2010

Springfield, Missouri

	The City Council met in regular session January 25, 2010 in the Council Chambers at City Hall. The meeting was called to order by Mayor James O’Neal. A prayer was given by Doug Burlison.
Roll Call	Present: John Rush, Doug Burlison, Dan Chiles, Robert Stephens, Scott Bailes, Jerome Compton, Nicholas Ibarra, Cindy Rushefsky, and Mayor James O’Neal. Absent: None.
Minutes	The minutes of January 11, 2010 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as presented. Mr. Ibarra expressed appreciation to the Public Works Department for itemizing projects included in the streetscape bill.
	CEREMONIAL MATTERS
	RESPONSES TO QUESTIONS RAISED AT THE JANUARY 11, 2010 COUNCIL MEETINGS AND CITY MANAGER’S REPORT.
Manager’s Report	Greg Burris, City Manager, responded that all questions had been answered. Mr. Burris noted the City’s bond rating was recently reaffirmed to AA2. He added the “rainy day” funds are narrow, and staff will need to remain diligent at keeping these funds at an adequate level. Mr. Burris noted he cannot guarantee these funds will not need to be used, but staff will only do so if necessary. Mr. Burris noted the recent earthquake in Haiti is a sobering reminder of the threat from the New Madrid Fault in Southwest Missouri, which did cause extensive damage several years ago. He added that the Office of Emergency Management will participate in a national exercise scheduled for 2011. Mr. Burris noted a recent study shows that in 2009 traffic collisions were the lowest they have been since 1997. Mr. Burris noted the application process has begun for citizens who are interested in serving on one of the City’s long range planning groups. He added that all applications must be submitted by February 5, 2010. Mr. Burris noted the applications are available at www.springfieldmo.gov/planninggroups or can be picked up at City Hall. Mr. Burris noted that Deputy City Manager Evelyn Honea will retire effective May 1, 2010. He expressed his appreciation to Ms. Honea for many years of service to the City and also for delaying her retirement to help solve the Police Fire Pension Fund shortfall. Mr. Burris requested a “surprise” resolution be added to the agenda tonight to recognize Jodie Adams, Director of Parks, for completing her term as President of the National Recreation and Park Association. As there was no objection, the following item was added to the agenda: Sponsor: O’Neal. Council Bill 2010-048. A resolution recognizing Jodie H. Adams, Director of Springfield-Greene County Parks, upon the completion of her term as President of the National Recreation and Park Association. Bob Stephens read the resolution in its entirety. Bob Horton, Chair of the Springfield/Greene County Park Board, expressed his appreciation to Ms. Adams for many years of service to the Park Board. Council Bill 2010-048. Resolution 9752 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None. Mayor O’Neal presented the resolution to Ms. Adams. He expressed his appreciation to Ms. Adams for representing Springfield nationally and providing outstanding leadership to her department. Ms. Rushefsky expressed her belief that Ms. Adams is a “city treasure”. Mr. Rush also expressed his appreciation to Ms. Adams for her service to the City. He noted he has visited other cities throughout the Country and Ms. Adams is well known throughout for her work with the Parks system. Ms. Adams noted she was really surprised by this resolution and expressed her appreciation to Dan Kinney for taking her “under his wing”. She also expressed appreciation to City and County administration for their support of the Parks Department.
	The following bills appeared on the agenda under Public Hearings.
Rezoning 2557 East Cherry Street	Sponsor: Rushefsky. Council Bill 2010-030. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.53 acres, generally located at 2557 East Cherry Street from a Planned Development District No. 177 to an O-1, Office District; and establishing Conditional Overlay District No. 31. (Both Planning and Zoning Commission and staff recommend approval.) (By: Empire Bank; 2557 East Cherry Street; Z-05-2010/Conditional Overlay District No. 31.)
	Mike MacPherson, Planning Department, gave a brief overview of the proposed. Mr. MacPherson noted that Jack Wheeler, Chair of the Planning and Zoning Commission, is available to answer any questions Council might have regarding any of the proposed rezoning cases this evening. He noted the existing Planned Development was approved in January, 1995 at which time a convenience store was located on the property. He added the original planned development was approved to make the non-conforming convenience store a conforming use. Mr. MacPherson noted that convenience store is no longer in operation and the applicant is requesting the proposed rezoning to permit a professional law office to occupy the existing building. He added the Planning and Zoning Commission and staff recommend approval.
	An opportunity was given for citizens to express their views. With no appearances the public hearing was closed.
Rezoning 1310 East St. Louis Street	Sponsor: Compton. Council Bill 2010-031. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1 acre of land generally located at, 1310 E. St. Louis Street more particularly described in this ordinance, from CS, Commercial Services district to a GR, General Retail district. (Both Planning and Zoning Commission and staff recommend approval.) (By: Regal Motors, Inc.; 1310 St. Louis Street; Z-04-2010.)
	Mr. MacPherson gave a brief overview of the proposed. He noted the proposed would allow for uses permitted within the General Retail zoning classification. He added the comprehensive plan supports a mix of residential and commercial uses. Mr. MacPherson noted the proposed is currently a vacant lot. He added a neighborhood meeting was held regarding the proposed. Mr. MacPherson noted one neighbor was opposed to the proposed because they were afraid apartments would be built to house college students. He added that the Planning and Zoning Commission and staff recommend approval.
	An opportunity was given for citizens to express their views. With no appearances the public hearing was closed.
Rezoning 800 Block of Summit Avenue and 600 Block of Bob Barker Boulevard	Sponsor: Ibarra. Council Bill 2010-032. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately fourteen (14) acres of land generally located in the 800 Block of Summit Ave., and the 600 Block of Bob Barker Blvd., more particularly described in this ordinance, from an HM, Heavy Manufacturing District to a GI, Governmental and Institutional District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Drury University/Pete Radecki; 800 Block of Summit and 600 Block of Bob Barker Blvd.; Z-1-2010.)
	Mr. MacPherson gave a brief overview of the proposed. He pointed out to Council, on the overhead map, that all of the property surrounding the proposed is already zoned as Governmental and Institutional. He added the requested rezoning is consistent with the surrounding properties. Mr. MacPherson noted the proposed would remove the “Tindle Mills” building and provide a connection between the two campuses. Mr. MacPherson noted the Planning and Zoning Commission and staff recommend approval.
	An opportunity was given for citizens to express their views. Peter Radecki, Drury University, spoke in support of the proposed. He noted the proposed property was donated to Drury University and cannot be used in a manner consistent with the current zoning. Mr. Ibarra asked for clarification regarding how the proposed property will be used. Mr. Radecki noted he anticipates the property will be used for parking initially and in the future may be used as a possible training center, student oriented housing, or green-space. With no further appearances the public hearing was closed.
Front Yard Setbacks	Sponsor: O’Neal. Council Bill 2010-033. A general ordinance amending Article I, Springfield Land Development Code, Division IV, District Regulations to reduce front yard setbacks in commercial and industrial districts. (Both Planning and Zoning Commission and staff recommend approval.)
	Mr. MacPherson gave a brief overview of the proposed. He noted that Council approved a resolution on December 11, 2007 to initiate a text amendment to the Zoning Ordinance that would reduce front yard setbacks, in certain circumstances, in commercial districts. He added that staff believes that buildings located on a local street, within commercial and industrial manufacturing districts, should be allowed a reduced front yard setback to the street, rather than typical setback of twenty-five feet. Mr. MacPherson noted the proposed would allow buildings to set closer to the street and sidewalk, and will also bring many non-conforming structures into conformance with their respective commercial or industrial zoning district. He added the Planning and Zoning Commission and staff recommend approval.
	An opportunity was given for citizens to express their views. With no appearances the public hearing was closed.
Community Gardens	Sponsor: Chiles. Council Bill 2010-034. A general ordinance amending Article I, Springfield Land Development Code, Division V, Supplemental Regulations and Division VI, Design and Development Standards, to clarify the requirements for Community Gardens for operation of mechanical equipment and parking and to exempt park land and community gardens from the requirements for bufferyards. (Both Planning and Zoning Commission and staff recommend approval.)
	Mr. MacPherson gave a brief overview of the proposed. He noted the proposed is a “clean-up” amendment to the original ordinance approved by Council in 2009. He added the proposed includes a few items that were missed when the original ordinance was written. Mr. MacPherson noted that when the performance standards were assembled staff discovered the bufferyard requirements between residential and non-residential use in a residential zoning district would create an issue within the intent of the ordinance. He added the proposed would also exempt park property from the bufferyard requirements of the original ordinance. Mr. MacPherson noted the proposed would also remove a section from the original ordinance that explicitly permitted mechanical equipment, powered by gasoline, from ½ hour before sunrise and ½ hour before sunset daily. He added that staff believes the current noise ordinance will regulate any issues with noise in the future. Mr. MacPherson noted the Planning and Zoning Commission and staff recommend approval.
	Mr. Compton asked for clarification regarding mechanical equipment. Mr. MacPherson responded the performance standards include a variety of standards that have to be met. He added that an affidavit has to be signed that states the citizen will comply with these standards. Mr. Compton asked if a neighbor would have to file a complaint for the noise to become an issue. Mr. MacPherson responded affirmatively, adding that staff normally only investigates if there is a complaint filed. Mr. Burlison expressed concern regarding the hours of operation included in the proposed. Mr. MacPherson noted that information could be removed from the proposed. Dan Wichmer, City Attorney, noted that since there is not a general curfew in the City, these hours are an attempt to regulate community areas where if someone is on the property after hours the neighbors would have the option of issuing a complaint because the hours of operation were clearly posted. Mr. Burlison asked if the proposed would prohibit the facility from being inhabited after hours. Mr. Wichmer responded the proposed would basically set a standard for the hours in community gardens. Mr. MacPherson noted that the Urban Gardens Task Force asked that these hours be included in the proposed. He added that they will be working in the gardens and see no problem with these standards. Ms. Rushefsky expressed concern regarding enforcement issues due to the vagueness of the language used in regards to the hours of operation. Jack Wheeler, Chair of the Urban Gardens Task Force, noted this issue was reviewed by the Task Force and they decided unanimously to stop all activity after hours, instead of being very specific about noise such as different types of machinery that could be used after hours. Mr. Ibarra asked if some community gardens could be on private property. Mr. Wichmer responded affirmatively. Mr. Ibarra asked if a disturbing the peace citation is given for only disturbing one person. Mr. Wichmer responded that a police officer cannot be the person witnessing the disturbance; a complaint has to be received from a citizen. Mr. Chiles moved to strike Item E from Section 5-3002. Mr. Ibarra seconded the motion and it was discussed. Mr. Chiles expressed his belief that the proposed not include many restrictions such as citizens working on their own property or working late at night because that’s the only time they are available. He added his belief that if it becomes a problem, restrictions can be added at a later time. Mr. Burlison noted that although he originally had issues with the proposed, he has received answers to many of his questions this evening and will be able to support the proposed as written. Mr. Rush expressed his belief that the proposed should be left “as is” and reviewed periodically. The motion failed by the following vote: Ayes: Chiles and Ibarra. Nays: Rushefsky, Rush, Burlison, Stephens, Bailes, Compton, and O’Neal. Abstain: None. Absent: None.
	An opportunity was given for citizens to express their views. With no appearances the public hearing was closed.
	The following bills appeared on the agenda under First Reading.
L.E. Cox Building Site	Sponsor: O’Neal. Council Bill 2010-035. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into a memorandum of understanding with Greene County, Missouri, for the purchase of a portion of Lot 3 of the Administrative Re-Plat of L.E. Cox Building Site, located at 425 E. Phelps Street.
	Evelyn Honea, Deputy City Manager, gave a brief overview of the proposed. She noted the proposed would authorize the City Manager to execute a memorandum of understanding with Greene County to affirm the intention to purchase the remaining space of the L.E. Cox building that the City now owns, specifically the three floors that are located between the Jordan Valley Community Health Center and the Crime Lab. She added that in December 2007 the City sold the north portion of the building to the Jordan Valley Community Health Center (JVCHC) and within that purchase agreement the City provided the JVCHC the option to purchase this additional space within a three year period. Ms. Honea noted this option could only be terminated if the City sold the space to Greene County or entering into an agreement with Greene County to convey the property to them. She added that Greene County had expressed interest in the space for their Medical Examiner’s office and originally intended to purchase the space by December 31, 2009; however due to the complexity of their financing arrangements they requested an extension to June 30, 2010. Ms. Rushefsky asked Tim Smith, Greene County Administrator, if they are still considering using the proposed property for the office of the Greene County Medical Examiner. Mr. Smith responded affirmatively. Mr. Rush abstained from the discussion on the proposed bill due to a possible conflict of interest. Mr. Burlison asked if JVCHC has any concerns regarding the proposed. Ms. Honea responded that JVCHC is not interested in purchasing the proposed property at this time.
	An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.
Soccer Facilities at Cooper Family Park	Sponsor: O’Neal. Council Bill 2010-036. A special ordinance authorizing the City Manager, or his designee, and the Springfield-Greene County Park Board to accept donations for improvements to the Soccer Facilities at the Cooper Family Park, and to amend the budget for the City of Springfield, Missouri, in the Parks Department by increasing revenues and expenditures for Park’s County-Wide Capital Projects Fund 4121 for fiscal year 2009‑2010 in the amount of $1,500,000.00, and to do all things necessary to carry out the acceptance and use of all such donations, including the execution of contracts.
	Jodie Adams, Director of Parks, gave a brief overview of the proposed. She expressed her appreciation to the Harry Cooper family and the Rick McQueary family for their donation of $800,000 towards the $1.5 million needed for improvements. She added that fundraising efforts will continue towards this goal. Ms. Adams noted the proposed will include field turf improvements, rain-outs, lighting, bleacher improvements, and events that the City can bid on to bring people to the City of Springfield. Ms. Rushefsky asked for a ballpark figure regarding how much money the Cooper Family Park brings into the City annually. Ms. Adams responded that with four or five soccer events the amount was approximately $2-2.5 million in sales tax revenue. She added that on February 9, 2010 more tournaments coming to town will be announced. Mr. Rush expressed his appreciation to the Cooper and McQueary families for their continued support within the community. He also expressed his appreciation to Ms. Adams for her continued work at bringing tournaments to Springfield.
	An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.
AT&T Missouri Settlement Proceeds	Sponsor: O’Neal. Council Bill 2010-037. A special ordinance amending the budget of the City of Springfield, Missouri, in the general fund, for fiscal year 2009‑2010, in the amount of $7,450,000 for payment of the settlement proceeds from Southwestern Bell Telephone Company d/b/a AT&T Missouri into the Police Officers’ and Fire Fighters’ Pension Fund (Fund).
	Mr. Burris presented Council with a recommendation regarding the allocation of the funds described in the proposed. (A copy of this presentation is attached to the minutes) Mayor O’Neal asked if the amount Mr. Burris is recommending for fund reallocation was also included in the $200 million shortfall that was discussed prior to the election. Mr. Burris responded affirmatively noting that his recommendation would not change the amount of money being deposited into the fund, but would simply change the allocation of monies within the fund. Mr. Chiles asked for clarification regarding what would happen to the remainder of the funds not used to cover the aforementioned recommendation. Mr. Burris responded the remaining funds will be deposited, in the same manner as the other telecom settlements, into the Police Fire Pension Fund. Mr. Rush asked how long the opportunity to allocate these funds differently would last. Mr. Burris responded the funds will be deposited and Council can decide at anytime to allocate them differently. He added that this allocation recommendation could be reviewed by the Citizens Sales Tax Oversight Committee, once they are established. Mr. Burlison asked if these funds would be deposited and accumulating interest prior to being placed into the Police Fire Pension Fund. Mr. Burris responded the funds are currently deposited in a City account. He added that these funds can be deposited into the Police Fire Pension Fund at anytime, with his recommended allocation being simply an accounting entry that can be done at a later date. Mr. Burris noted the funds will be deposited into the same account whether or not his recommendation of reallocation of funds is approved.
	An opportunity was given for citizens to express their views. Carl Herd, 445 S. Main, spoke in opposition of the proposed bill as written. Mr. Herd noted he served on the Police Fire Pension Fund Citizens Task Force. He added that the Task Force recommended putting all telecom settlements into the Police Fire Pension Fund. Mr. Herd expressed concern regarding the reallocation of funds being deposited into the Police Fire Pension Fund. Mr. Ibarra asked for clarification regarding the increasing of benefits. Mr. Wichmer responded that there is not any increase in benefits. Mr. Ibarra asked if a Tier II employee would be able to sue the City for “unfair” pay. Mr. Wichmer responded that the Tier II employees cannot sue due to the fact that they are working under the terms they were hired under. Mr. Ibarra asked when Police and Fire employees will begin paying the increased contribution. Mr. Burris responded the Actuary Funding Contribution (AFC) will increase on July 1, 2010. Mr. Ibarra asked for clarification regarding the 2% increase discussed previously. Mr. Burris responded that the Task Force recommended a 2% increase, but the new AFC recommendation had not been made yet. He added the Task Force recommended a 2% increase in employee contributions, even if the AFC recommendation is under 2%. Mr. Burris noted if the proposed is approved the Police and Fire employees contribution will increase to 4.75%, which is 1.9% more than their current contribution. Fred Ellison, 1315 N. Broadway, spoke in opposition of the proposed. He expressed appreciation to Mr. Burris for his comprehensive presentation regarding the proposed. He added he attended the Police Fire Pension Board (PFPB) meeting on October 8, 2009 when the actuary presented his findings for the year ending June 30, 2009. Mr. Ellison noted the Police Fire Pension Board discussed the actuary’s recommendation that the AFC be increased to 7.52%, which would make the total contribution 16.02%. He added the board discussed this issue and discussed the fact that the employees had agreed to pay for the increased .3% multiplier. Mr. Ellison noted the decision of the Police Fire Pension Board that evening was to accept the actuary’s recommendations. He added that reallocating the funds within the Police Fire Pension Board could be “second-guessed” by the community. Mr. Ellison expressed concern regarding the creation of the Citizens Sales Tax Oversight Committee. He expressed his belief that the aforementioned committee would be created for very little or no purpose. Mr. Ellison noted that it should be the responsibility of the Police Fire Pension Board to manage the Police Fire Pension Fund and the monies that are being deposited into it. With no further appearances, the discussion was closed. Ms. Rushefsky noted that as the Council liaison to the Police Fire Pension Board she attended the meeting Mr. Ellison mentioned. She added the Board, including four of the five Police/Fire employee representatives on the board, voted to increase the AFC to 7.52%. Ms. Rushefsky noted the Board did not decide who should pay that amount or how it should be paid, but they accepted the actuary’s recommendation that the AFC would have to increase 7.52% in order to keep the plan solvent. She added there was concern about the disparity between what the average worker pays into Social Security and the 16.02% amount these employees would incur. Mr. Wichmer noted that it was the duty of the Board to accept the AFC recommendation and it is Council’s decision to decide who will pay the contribution. Mayor O'Neal noted he will not be in attendance at the next Council meeting on February 8, 2010. He expressed concern regarding comments made about the proposed Citizens Sales Tax Oversight Committee. Mayor O’Neal expressed his support of the proposed. He asked Mr. Burris if he is still in the “meet and confer” process with Police/Fire organizations. Mr. Burris responded affirmatively, adding that five options have been outlined for review.
	The following bills appeared on the agenda under Resolutions.
City Council Oral History Project	Sponsor: Chiles. Council Bill 2010-038. A resolution expressing City Council support for the first Springfield City Council Oral History Project.
	Mr. Chiles gave a brief overview of the proposed. He noted the proposed would give previous Councilmembers the chance to recount some of their experiences from their time served on Council. He expressed his belief that the proposed will be very beneficial to future City leaders, as well as citizens. Mr. Chiles noted the proposed will not be a financial burden to taxpayers. He added he has received over $3,000 in donations from former Councilmembers. Mr. Burlison asked for clarification regarding the burden the proposed will add to the City Clerk’s office. Brenda Cirtin, City Clerk, responded that it was decided that it would be easier for the information to be maintained in the City Clerk’s office, adding that if the workload becomes cumbersome the issue will be revisited. Mr. Ibarra expressed appreciation to Mr. Chiles for his work on the proposed. He noted that prior Councilmembers have included: a man who jumped out of planes and fought in a World War; a man who marched with Martin Luther King; a woman who prosecuted many criminals in Springfield; and a man who lived every little boy’s dream of playing professional baseball just to name a few. Mr. Rush asked if it is his intent for the History Museum to receive the donations and account for them. Mr. Chiles responded affirmatively. Mayor O'Neal expressed his support of the proposed. He noted he was happy to donate to this project and expressed his appreciation to Mr. Chiles for his work on the proposed.
	An opportunity was given for citizens to express their views. With no appearances the discussion was closed.
	Council Bill 2010-038. Resolution 9753 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. 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 Grants.
	The following bills appeared on the agenda under Second Reading Bills.
Maples Healthcare	Sponsor: Compton. Council Bill 2009-292. A special ordinance authorizing the Director of Planning and Development to accept the public streets and easements to the City of Springfield as shown on the Preliminary Plat of Maples Healthcare, generally located on the west side of the 2600-2700 blocks South Campbell Avenue, upon the applicant filing and recording a final plat that substantially conforms to the preliminary plat; and authorizing the City Clerk to sign the final plat upon compliance with the terms of this ordinance. (Planning and Zoning Commission has approved the Preliminary Plat. Both Planning and Zoning Commission and staff recommend that City Council accept the public streets and easements.)
	Mr. Chiles expressed his belief that connectivity should be promoted throughout the City. He noted that connectivity has been very beneficial to his neighborhood. Mr. Chiles expressed concern that if any connectivity within the City is not approved, traffic will increase because people will have to travel further which will lead to more gasoline being burned and additional pollution within the City. Mr. Compton expressed his belief that connectivity is not necessary in this case. He expressed concern that with the uniqueness of the setting and proposed use, connectivity is not appropriate. Ms. Rushefsky expressed her belief that the proposed connectivity is not going to serve the best interest of the neighborhood. Mayor O’Neal asked for clarification regarding what would happen to the developer if the proposed is not approved by Council. Mr. Rognstad responded the developer would have to amend the proposed and start the approval process again. Mayor O’Neal asked if fees could be waived or reimbursed to the developer. Mr. Rognstad responded the developer will not incur any additional fees from the City. Mayor O’Neal noted he will be voting Nay on the proposed.
	Council Bill 2009-292 failed by the following vote: Ayes: Chiles. Nays: Rush, Burlison, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Abstain: None. Absent: None.
Rezoning 3623, 3627, and 3635 East Sunshine Street	Sponsor: Rushefsky. Council Bill 2010-002. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 8.03 acres of property generally located at 3623, 3627, and 3635 East Sunshine Street from a GR, General Retail District to Planned Development District No. 333. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Gardner Properties of Springfield LLC Etal; 3623, 3627, and 3635 East Sunshine Street; Planned Development 333.)
	Council Bill 2010-002. General Ordinance 5851 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
West Springfield Enhanced Enterprise Zone	Sponsor: Ibarra. Council Bill 2010-004. A special ordinance authorizing the establishment and the level of incentives to be offered to qualified businesses within the West Springfield Enhanced Enterprise Zone Program. (The Springfield Enhanced Enterprise Zone Board and staff recommend approval.)
	Council Bill 2010-004. Special Ordinance 25710 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
North Springfield Enhanced Enterprise Zone	Sponsor: Ibarra. Council Bill 2010-005. A special ordinance authorizing the establishment and the level of incentives to be offered to qualified businesses within the North Springfield Enhanced Enterprise Zone Program. (The Springfield Enhanced Enterprise Zone Board and staff recommend approval.)
	Council Bill 2010-005. Special Ordinance 25711 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Southeast Springfield Enhanced Enterprise Zone	Sponsor: Bailes. Council Bill 2010-006. A special ordinance authorizing the establishment and the level of incentives to be offered to qualified businesses within the Southeast Springfield Enhanced Enterprise Zone Program. (The Springfield Enhanced Enterprise Zone Board and staff recommend approval.)
	Council Bill 2010-006. Special Ordinance 25712 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Springfield Enhanced Enterprise Zone Incentives	Sponsor: O’Neal. Council Bill 2010-029. A special ordinance amending the types of qualified businesses eligible for incentives within the Springfield Enhanced Enterprise Zone. (The Springfield Enhanced Enterprise Zone Board and staff recommend approval.)
	Council Bill 2010-029. Special Ordinance 25713 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Tier II to LAGERS Migration	Sponsor: Rushefsky. Council Bill 2010-007. A general ordinance amending Chapter 2, Article III, Division 1 of the Springfield City Code, Section 2-91, Merit Rules 8.7 Reinstatement, 12.10 Rights of Employees Upon Terminating, 18.1(b) Starting Rate on Return to Duty, and adopting Merit Rule 19.6 Prior Service Credit Benefit (Tier II-to-LAGERS Migration), to provide for a continuation of pay, benefits and status for Tier II employees who voluntarily elect to terminate employment and eligibility in the City’s self-funded Police Fire Pension Plan and are reinstated by the City and eligible as a future hire into LAGERS, and establishing an effective date for said changes.
	Mr. Chiles asked if the implications of the proposed have been reviewed thoroughly by legal staff and the actuary. Mr. Wichmer responded affirmatively.
	Council Bill 2010-007. General Ordinance 5854 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
	Mr. Ibarra moved to read and discuss Council Bill 2010-008 Substitute No.1 prior to Council Bill 2010-008. Ms. Rushefsky seconded the motion and it was approved.
Police and Fire Pension Board of Trustees	Sponsor: Rushefsky, Ibarra, and Compton. Council Bill 2010-008. SUBSTITUTE NO. 1. A general ordinance amending Chapter 2, Administration, Article VI, Finance, Division 4, Policemen’s and Firemen’s Pension Plan, Section 2-444(a), Board of Trustees established; membership; election of members; Section 2-445, Officers of Board of Trustees; Section 2-454, Legal Advisor of Board of Trustees; and establishing effective dates for said amendments.
	Mr. Ibarra spoke in support of the proposed. He expressed his belief that since the beginning of this debate feedback has been received from several different sources, with the overwhelming since of the community as a whole, an eleven member board is the best option. Mr. Ibarra expressed his belief that Police and Fire employees deserve to have voting “clout” on this board because it is their retirement. He expressed support of having a medical, financial, and legal professional on the board, but asked Council to keep in mind that many Police and Fire employees have degrees in these fields and have decided to forgo their degree and serve the public. Mr. Ibarra noted that the nine member board recommendation is only giving Police/Fire employees the bare minimum required by the State. He expressed concern that trust can be built with these employees if only the bare minimum requirement is met. Ms. Rushefsky spoke in support of the proposed. She expressed her belief that a nine member board will not properly represent the Police and Fire Departments. Ms. Rushefsky noted that the two ordinances being proposed tonight are identical except for the number of board-members. She added that she opposes a nine member board because it creates a complicated, convoluted procedure made necessary by the fact that two voting positions are being replaced by two non-voting positions. Ms. Rushefsky noted that one ramification of this decision is two members who were elected this past month are suddenly going to become non-voting members, even though they were elected as voting members. She added that in order for them to regain their voting status they will have to run for election again at a later time, thus negating the recent election. Ms. Rushefsky noted the board, not the employees, will select a replacement non-voting member if one, or both, of these two members decide to run for a voting position. She expressed concern that if a voting member is not able to attend one meeting, but has attended all others, a non-voting member, who may or may not have attended all of the meetings, would be able to vote in his place. Ms. Rushefsky expressed her belief that this pension was created to provide public safety employees with a “safety-net” for retirement. She added that this is their sole pension; they will not receive Social Security. Ms. Rushefsky noted the City of Springfield’s pay scale is way below other communities of the same size. She added that many employees work for other entities who offer a more competitive pay scale. Ms. Rushefsky expressed concern that the City is punishing these employees who accepted these benefits in lieu of salary increases. She expressed concern that the Committee’s proposed nine member board does not keep its promise to protect the people the plan was intended to protect: Police and Fire employees. Mr. Compton expressed his appreciation to Ms. Rushefsky for her comments. He noted he is opposed to an eleven- member board. Mr. Compton expressed his appreciation to the Plans and Policies Committee for their work on the proposed Mr. Chiles expressed appreciation to Ms. Rushefsky for bringing her concerns to Council, but noted he will not be supporting the proposed eleven member board. He expressed his belief that since the funds being collected are from taxpayers it may be more beneficial to the community to have a more citizen-bases, rather than recipient-based Board. Mayor O'Neal asked for clarification regarding state requirements for pension board composition. Mr. Wichmer responded the State requirement is one Police employee and one Fire employee must be included on the board. Mayor O’Neal asked for clarification regarding the possibility of raising pension benefits. Mr. Wichmer responded pension benefits cannot be raised in any pension that is not funded to 80% liability and cannot be reduced without a vote of the people. Mayor O'Neal noted he would not be supporting the proposed. He expressed his appreciation to Ms. Rushefsky for her comments this evening. Mayor O’Neal noted that Council has the utmost respect for the job that Police and Fire employees do, and due to this respect Council and staff worked hard, against all odds, to get a sales tax passed to benefit the Police Fire Pension Fund. He added that board composition does not change the risk that Police and Fire employees take daily, does not affect the ability to retain Tier I employees, nor is it a reflection of intelligence or integrity. Mayor O’Neal noted board composition is not a punishment tool or barometer of fault, but is about what the board should consist of going forward. Mr. Ibarra clarified the current vote is for Council Bill 2010-008 Substitute No. 1. Mayor O’Neal responded affirmatively.
	Council Bill 2010-008. Substitute No.1 failed by the following vote: Ayes: Rushefsky and Ibarra. Nays: Rush, Burlison, Chiles, Stephens, Bailes, and Compton. Abstain: None. Absent: None.
Police and Fire Pension Board of Trustees	Sponsor: Chiles, Stephens, Burlison, and Bailes. Council Bill 2010-008. A general ordinance amending Chapter 2, Administration, Article VI, Finance, Division 4, Policemen’s and Firemen’s Pension Plan, Section 2-444(a), Board of Trustees established; membership; election of members; Section 2-445, Officers of Board of Trustees; Section 2-454, Legal Advisor of Board of Trustees; and establishing effective dates for said amendments. (Plans & Policies Committee recommends approval).
	Council Bill 2010-008. General Ordinance 5855 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: Rushefsky and Ibarra. Abstain: None. Absent: None.
Municipal Court $2.00 Fee	Sponsor: Burlison. Council Bill 2010-009. A special ordinance authorizing the Springfield Municipal Court to impose a $2.00 fee in all criminal proceedings, pursuant to Section 488.5026 RSMo, for use by Greene County for inmate security. (Finance and Administration Committee recommends approval.)
	Council Bill 2010-009. Special Ordinance 25714 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
General Obligation Sewer Improvement Bonds Series 2010	Sponsor: O’Neal. Council Bill 2010-010. A special ordinance authorizing and directing the issuance, sale, and delivery of $3,335,000 principal amount of General Obligation Sewer Improvement Bonds, Series 2010, of the City of Springfield, Missouri; prescribing the form and details of the bonds; providing for the levy and collection of an annual tax for purpose of paying the principal of and interest on the bonds as they become due; authorizing certain other documents and actions in connection therewith; and declaring an emergency.
	Mr. Burlison moved to substitute Council Bill 2010-010 that was presented to Council this evening for the previously distributed copy that has the name of the bond purchaser, interest rate at each stated maturity, and the purchase amount of the bonds placed on the bids that were opened earlier today. Mr. Ibarra seconded the motion and it was approved. Mr. Ibarra asked for clarification regarding the interest rates included in the proposed. Mr. Burris responded that competitive bids were received this morning on the General Obligation Sewer Improvement Bonds. He added that eight bids were received. Mr. Burris noted the low bid was submitted by Hutchinson, Shockey, Erley, and Company based in Chicago, Illinois. He added the true interest cost in the accepted bid was 3.011%, which was actually below the expected interest rate. Mayor O’Neal noted the amendment is not substantive, and therefore additional public comment is not necessary. Mr. Wichmer affirmed Mayor O’Neal’s statement.
	Amended Council Bill 2010-010. Special Ordinance 25715 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Police Fire Pension Fund Sales Tax Oversight Committee	Sponsor: O’Neal. Amended Council Bill 2010-019. A general ordinance approving the creation of a citizen-based committee to provide oversight of the proposed Police–Fire Pension Fund Sales Tax.
	Mr. Rush asked for clarification regarding the responsibility of the proposed committee. Mayor O’Neal noted the committee could provide oversight on additional taxes in the future. Mayor O’Neal expressed his support of the proposed. He noted he visited with staff and the Mayor of Joplin, Missouri, to discuss their sales tax oversight committee. He added that they noted they have been able to correct some errors and restore trust with the voters due to the oversight given by their committee.
	Council Bill 2010-019. General Ordinance 5856 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
	UNFINISHED BUSINESS
	PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
	Lloyd Babcock, 3389 W. Grandview, spoke regarding an energy conservation initiative. He presented Council with a copy of his comments. Mr. Babcock noted that in 2005 he contacted several members of the Board of Public Utilities and suggested a proposition titled “Energy Conservation Initiative”. He added this initiative would encourage commercial and residential entities to borrow funds from publicly funded entities to improve the energy efficiency of their homes or businesses. Mr. Babcock noted that any savings received on their utilities would be used to repay their loans and as the funds were recouped they would be reinvested into the community by providing more loans. He added he is a builder and has certified more homes “energy star” than any other builder in southern Missouri. Mayor O'Neal expressed his appreciation to Mr. Babcock for his comments this evening. He noted he will work with City staff to discuss how to proceed. Mr. Burlison expressed his appreciation to Mr. Babcock for bringing this to the public’s attention. Roy Cape, 928 E. Woodland, spoke regarding Mediacom Cable Company. He presented Council with a copy of his comments. He noted there is a letter included in his comments from his neighbor Thelma Alpert. Mr. Cape expressed concern regarding the way he and Ms. Alpert were treated by Mediacom. He noted that cords were placed in their yards for nine months, his being removed yesterday and Ms. Alperts being removed today. Mr. Cape noted these cords were on the ground on his fence. He added that he does not have Mediacom cable and cannot understand why these cords were not removed sooner. Mayor O'Neal expressed his appreciation to Mr. Cape for his comments this evening. He noted that the City does not have any control over Mediacom due to changes in State legislature. Mr. Wichmer responded that the Cable Television Advisory Committee meets quarterly to discuss complaints issued. Mayor O’Neal noted the meeting would be public and could be attended by any citizen. Mr. Burlison recommended Mr. Cape contact the Public Service Commission with his complaint.
	NEW BUSINESS
	The Mayor recommended the following appointment to the Tree City USA Advisory Committee: Kathleen Cowens with term to expire December 1, 2012.
	Financial Statements for November 2009 and December 2009 were presented.
	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.
Amend Airport Rules and Regulations by Definition of Term “Solicit”	Sponsor: Stephens. Council Bill 2010-039. A general ordinance amending the Springfield City Code, Chapter 22, Aviation, Article III, Airport Rules and Regulations, by adding to Section 22-61 a definition of the term “solicit.” (Airport staff recommends approval.)
Sale of Property at 2305 W. Nichols	Sponsor: Ibarra. Council Bill 2010-040. A special ordinance approving the offer and acceptance by Sarah Hoey, for the purchase of real property that is located at 2305 W. Nichols Street, in the amount of $6,000.00, and authorizing the issuance of a deed for same.
Sale of Property at 1005 S. Ferguson Avenue	Sponsor: Compton. Council Bill 2010-041. A special ordinance approving the offer and acceptance by Christopher L. Hodge, for the purchase of real property that is a remnant of a public works project located directly west of property owned by Christopher L. Hodge at 1005 S. Ferguson Avenue, in the amount of $500.00 and authorizing the issuance of a deed for same.
Sale of Property at 1009 S. Ferguson Avenue	Sponsor: Compton. Council Bill 2010-042. A special ordinance approving the offer and acceptance by Charley and Dee Ann Slimp, for the purchase of real property that is a remnant of a public works project located directly west of property owned by Charley and Dee Ann Slimp at 1009 S. Ferguson Avenue, in the amount of $500.00 and authorizing the issuance of a deed for same.
Springfield Finance and Development Corporation Loan Packaging and Loan Servicing	Sponsor: Chiles. Council Bill 2010-043. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an agreement with the Springfield Finance & Development Corporation (SFDC) to provide loan packaging and loan servicing.
Advanced Traffic Management System	Sponsor: O’Neal. Council Bill 2010-044. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into Supplemental Agreement #1 with the Missouri Highways and Transportation Commission (MHTC) for the purpose of amending the cost sharing responsibilities between the City and the Missouri Department of Transportation (MoDOT) for the Advanced Traffic Management System (ATMS) Phase 1 Field Deployment project, designated as Federal Project ITS-0429(801), and amending the budget for the City of Springfield, Missouri, in the Public Works Department for the fiscal year 2009-2010 in the amount of $365,755.27.
	The following bills appeared on the agenda under Consent Agenda – One Reading Bills.
Sanitary Sewer District No. 87 of Section No. 1	Sponsor: Ibarra. Council Bill 2010-045. A special ordinance to levy and assess a special tax against the lots, blocks, and parcels of ground hereinafter described to pay for the cost of the construction of sanitary sewers in the City of Springfield, Missouri, in Sanitary Sewer District No. 87 of Section No. 1, in the general vicinity of Laurel Avenue at Harrison Street, providing for inclusion of said district in the City Sewer Financial Assistance Program, and authorizing the City Clerk to issue special tax bills and deliver the same to the Director of Finance to be registered in her office in accordance with the ordinance.
	Council Bill 2010-045. Special Ordinance 25716 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
History Museum’s HVAC System	Sponsor: Burlison. Council Bill 2010-046. A special ordinance amending the budget of the City of Springfield, Missouri, Art Museum for the fiscal year 2009‑2010 in the amount of $150,000.00 for the purpose of replacing part of the Museum’s HVAC system, and declaring an emergency.
	Council Bill 2010-046. Special Ordinance 25717 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Walnut Street Streetscape Phase 2 Project	Sponsor: Compton. Council Bill 2010-047. A resolution approving the plans, specifications, and the bid of Hunter Chase & Associates, Inc., for construction of the Walnut Street Streetscape Phase 2 Project, Plan No. 2009PW0007T.
	Council Bill 2010-047. Resolution 9754 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
	The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.
Missouri Health Literacy Enhancement Demonstration Project Grant	Sponsor: Rush. Council Bill 2010-020. A special ordinance authorizing the City Manager, or his designee, to accept a Missouri Health Literacy Enhancement Demonstration Project grant from the Missouri Foundation for Health (“MFH”); to carry out the identified activities; and amending the budget provided for the Health Department of the City of Springfield, Missouri, for fiscal year 2009-2010 in the amount of $11,332.00.
	Council Bill 2010-020. Special Ordinance 25718 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Sunset Plaza	Sponsor: Compton. Council Bill 2010-021. A special ordinance authorizing the Director of Planning and Development to accept the public streets and easements to the City of Springfield as shown on the Preliminary Plat of Sunset Plaza, generally located on the south side of the 400 E-400 W blocks Sunset Street, upon the applicant filing and recording a final plat that substantially conforms to the preliminary plat; and authorizing the City Clerk to sign the final plat upon compliance with the terms of this ordinance. (Planning and Zoning Commission has approved the Preliminary Plat. Both Planning and Zoning Commission and staff recommend that City Council accept the public streets and easements.)
	Council Bill 2010-021. Special Ordinance 25719 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Thermal Imaging Camera Systems	Sponsor: Compton. Council Bill 2010-022. A special ordinance authorizing the City Manager to accept the donation of funds from an anonymous donor for the acquisition of five thermal imaging camera systems for use by the Springfield Fire Department, expressing appreciation to the donor for this donation, and amending the budget for the City of Springfield, Missouri for the Fire Department for the fiscal year 2009 - 2010 in the amount of $39,000.
	Council Bill 2010-022. Special Ordinance 25720 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
Reducing General Fund Budget by $1, 273, 500	Sponsor: O’Neal. Council Bill 2010-023. A special ordinance amending the General Fund budget for the City of Springfield, Missouri, for the fiscal year 2009-2010, by reducing the budget in the amount of $1,273,500 and reducing the revenue and expense appropriations in the General Fund in the same amount.
	Council Bill 2010-023. Special Ordinance 25721 was approved by the following vote: Ayes: Rush, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, Rushefsky, and O’Neal. Nays: None. Abstain: None. Absent: None.
	Council confirmed the following appointment to the Springfield Convention and Visitors Bureau: Darren Harralson with term to expire January 1, 2013.
	Council confirmed the following reappointments to the Springfield Convention and Visitors Bureau: Matt Gifford and Paula Frazier with terms to expire January 1, 2013.
	Council confirmed the following appointment to the Mayor’s Commission for Children: Denny Whayne with term to expire November 29, 2011.
	With no further business to come before Council, this meeting adjourned.
	Brenda Cirtin, MMC/MPCC
01/25/10 lh	City Clerk