July 12, 2010

Springfield, Missouri

	The City Council met in regular session July 12, 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: Scott Bailes, Jerry Compton, Nicholas Ibarra, Cindy Rushefsky, John Rush, Doug Burlison, Dan Chiles, Bob Stephens, and James O’Neal. Absent: None.
Minutes	The minutes of June 28, 2010 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as presented.
	CEREMONIAL MATTERS
	RESPONSES TO QUESTIONS RAISED AT THE JUNE 28, 2010 COUNCIL MEETING AND CITY MANAGER’S REPORT.
	Collin Quigley, Assistant City Manager, responded all questions had been answered. He noted that a groundbreaking was held this morning at The Commons at Jordan Valley Park, located at the quarry site. Mr. Quigley noted the Valley Water Mill Park Equestrian Center held a grand opening on Friday, July 9, 2010, and offered various festivities throughout the weekend. Mr. Quigley noted the second diverging diamond intersection in Springfield, as well as the United States, opened this morning at National Avenue and James River Freeway. He added that the completion date for this intersection should be early August, 2010. Mr. Quigley noted that staff is in the process of replacing approximately 4,500 stop signs within the City. He added that several of the signs were due to be replaced as part of the ongoing replacement schedule. Mr. Quigley noted that the new signs should last an average of 10 years and will be more reflective and more visible at night. Mr. Quigley noted that Council Lunch tomorrow will be held at the Springfield/Branson National Airport in the boardroom. He added that Gary Cyr, Director of Aviation, will be presenting the Airport Master Plan to Council. Partner in Progress Shawn Askinosie, 514 E. Commercial Street, presented Council with information regarding a new website he created titled: www.servesomeone.org. He noted this website was created to help assist people who are having a difficult time due to the economy or other various reasons. Mr. Askinosie noted the website will allow you to enter the commitment you would like to make to someone and then will send you an email to remind you of your commitment. He added that there is no contract, but the website will simply help citizens follow through with the commitment to help someone. Mr. Askinosie noted the commitment could be to pray for someone, buy groceries, buy a cup of coffee, or even just to visit with someone. He added that his name is not on the website anywhere and that he will not profit from it. Mayor O’Neal expressed his appreciation to Mr. Askinosie for informing Council and the community of this website, and offering citizens another avenue of service. Ms. Rushefsky asked for clarification regarding a memo she received from staff regarding City-owned properties being used for urban gardens. She expressed concern that her original thought was not to sell the properties for this use, but to lease them or offer them at no cost if they were maintained by the group using them. Mr. Quigley responded staff would review that issue and present a report to Council.
	The following bills appeared on the agenda under Public Hearing:
	Council Bill 2010-185, 2010-186, 2010-187, and 2010-188 were read and discussed simultaneously.
Establishing Use Groups in Various Districts	Sponsor: O’Neal. Council Bill 2010-185. A general ordinance amending Article I, Springfield Land Development Code, of the Zoning Ordinance, Divisions I and IV, to add Section 1-2000, and amend Sections 4-2000, 4-2100, 4-3000, 4-3100, 4-3200, 4-3300, 4-3400, 4-4000, 4-4100, 4-4200, 4-4300 and 4-4400 for the purpose of establishing Use Groups and incorporating same into permitted and conditional uses in various districts. (Both Planning and Zoning Commission and staff recommend approval.)
Farmers Market Definition	Sponsor: O’Neal. Council Bill 2010-186. A general ordinance amending Article I, Springfield Land Development Code, of the Zoning Ordinance, Division II, Rules of Interpretation and Definitions, Division IV, District Regulations, and Division V, Supplemental District Regulations, to amend the definition of “Farmers’ Market”, to add the use of “Farmers’ Market” as a use that may function independently of Commercial Gardens, and to add a new temporary use of Farmers’ Markets together with a standard for their operation. (Both Planning and Zoning Commission and staff recommend approval.)
Off-Street Parking Requirements Amendment	Sponsor: O’Neal. Council Bill 2010-187. A general ordinance amending Article I, Springfield Land Development Code, Division II, Rules of Interpretation and Definitions, Division IV, District Regulations, and Division V, Supplemental District Regulations, to amend Section 5-1500, Off-Street Parking Requirements, of the Zoning Ordinance, and modify the restaurant pick-up facilities uses and definitions. (Both Planning and Zoning Commission and staff recommend approval.)
Non-Profit Community Centers	Sponsor: O’Neal. Council Bill 2010-188. A general ordinance amending the Springfield Land Development Code, Division IV, District Regulations, to allow non-profit community centers as a conditional use in all residential districts. (Both Planning and Zoning Commission and staff recommend approval.)
	Mike MacPherson, Planning Department, gave a brief overview of the proposed bills. He noted the four proposed bills are intended to “clean-up” the zoning ordinance to make it more user-friendly. He added that the proposed bills were reviewed by the Zoning Ordinance Review Committee (ZORC). Mr. MacPherson noted the bill regarding use groups was also reviewed by the Development Input and Issues Group (DIIG). Mr. MacPherson noted that staff has encountered many instances when a proposed use has met the intent of the zoning district, but was not specifically listed as a permitted use. He added that under the current zoning ordinance the impacted parties either had to cease operations or request re-zoning. Mr. MacPherson noted that within the proposed use group changes, permitted use groups will be listed in each district, instead of many specific uses. He noted the proposed use group changes will allow the Director of Building Development Services, subject to a review of the Administrative Review Committee, to approve a proposed use if it meets the purpose and intent of the use group and the zoning district of the specific property. He added that none of the use limitations were altered in the proposed use group changes. Mr. MacPherson noted that a public hearing was held on June 10, 2010 with no opposing testimony. Ms. Rushefsky asked for clarification regarding the current use group approval process. Mr. MacPherson noted any amendments to the zoning ordinance would go before the Planning and Zoning Commission and then Council. Ralph Rognstad, Director of Planning, noted that anyone can appeal an administrative decision before the Board of Adjustment, if they feel as though the correct decision was not made. He added there is a fee for the appeal, but if the decision is in the favor of the applicant they will be reimbursed the fee. Mayor O'Neal noted the proposed bills are an attempt to make the city more user-friendly for citizens hoping to open a business. Mr. MacPherson noted that the proposed parking amendments pertain mostly to older shopping centers that have converted to smaller operations, which don’t require the same amount of parking. Mr. Compton expressed appreciation to staff for their work on the proposed bills. He noted that existing residential uses will not change. Mr. MacPherson noted the proposed text amendment regarding the definition of farmers markets will allow for the establishment of a farmers market as a temporary use in all districts. He added the temporary use would have to be removed at the end of each day, noting they would only be able to operate during daylight hours. Mr. MacPherson noted that in a residential district a temporary farmers market could be established on property containing a non-residential use, such as a church or school. He added a public hearing was held on June 10, 2010 with no opposing testimony. Mr. MacPherson noted the proposed text amendment regarding non-profit community centers would allow the aforementioned centers to locate in a residential district with a conditional use permit, which would allow the center to operate in the neighborhoods they serve. Mr. Rush asked for clarification regarding what items can be sold at a farmers market. Mr. MacPherson noted a permit is required for a farmers market, adding that there are several requirements that have to be met in regards to what items can be sold. Mr. Chiles asked if the proposed changes to the farmers market definition is simply a “clean-up” to the current ordinance. Mr. MacPherson responded affirmatively.
	The opportunity was given for citizens to express their views on the proposed bills. Brad Bodenhausen, Chamber of Commerce, spoke in support of Council Bill 2010-185. He expressed his belief that the proposed will help to make the community more user-friendly and welcoming to prospective businesses. With no appearances, the public hearing was closed.
	The following bills appeared on the agenda under First Reading bills:
	Council Bill 2010-189, 2010-190, and 2010-191 were read and discussed simultaneously.
Reforestation Program	Sponsor: O’Neal. Council Bill 2010-189.A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department, for the fiscal year 2010-2011 in the amount of $260,000 from the ¼-cent Capital Improvement Sales Tax fund balance reserves, for additional funding to enhance the Reforestation Program as funded by the ¼-cent Capital Improvement Sales Tax Program.
Improvements to the Intersection of National Avenue and Trafficway Street	Sponsor: O’Neal. Council Bill 2010-190. A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department, for the fiscal year 2010-2011 in the amount of $1,500,000 from the ¼-cent Capital Improvement Sales Tax fund balance reserves, for the design and construction of improvements to the intersection of National Avenue and Trafficway Street.
Fremont/ Cherokee Intersection	Sponsor: O’Neal. Council Bill 2010-191. A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department, for the fiscal year 2010-2011 in the amount of $740,000 from the ¼-cent Capital Improvement Sales Tax fund balance reserves, for the design, rights-of-way acquisition, and construction of a segment of Fremont Avenue, from the Fremont/Cherokee intersection to a point approximately 650 feet north of the intersection.
	Phil Broyles, Interim Co-Director of Public Works, gave a brief overview of the proposed bills. He noted the proposed bills will fund projects, from the un-committed funds from the 2007/2010 Capital Improvement Program (CIP) sales tax vote. He added that most of these funds are from savings on various projects that are kept until the next vote is approved, or if it’s not approved the funds are used to clean-up the last program and get it ready to shut down. Mr. Broyles noted since the 2010/2013 CIP vote was approved, staff feels this money can now be committed to the proposed projects. He added the proposed projects include the reforestation program, which is a traditional ¼ cent CIP project to install and establish tree plantings in the City. Mr. Broyles noted the proposed funding for this program will help to add additional projects to the “Neighborwoods” program and also help fund a new program to plant two trees for every one tree that has to be removed due to public improvement construction projects. Mr. Broyles noted the proposed project at National Avenue and Trafficway Street will help to better align the aforementioned intersection. He noted the proposed project will also provide for a right-turn lane to help with traffic issues due to the Hammon’s Ballpark. Mr. Broyles noted the proposed Fremont/Cherokee intersection project will help improve congestion problems in this area. He added that the proposed project will also help to complete a current stormwater project at Sunshine Street and Sunset Avenue. Mayor O'Neal asked for clarification regarding how the proposed projects were chosen. Mr. Broyles responded the proposed projects were chosen from a list of projects included in the previous CIP. Mr. Chiles asked for clarification regarding if the proposed street projects will be “complete” street projects. Mr. Broyles responded affirmatively, adding that there will be room to share the road with bicyclists. Mr. Ibarra asked if the proposed projects are specifically listed in the CIP project list. Mr. Broyles responded affirmatively, adding that the proposed projects were included in the original CIP. Ms. Rushefsky noted there was a water rescue recently at Fremont Avenue and Bennett Street due to poor stormwater drainage. She asked if it would be possible to complete these stormwater improvements with monies from the aforementioned funds. Mr. Broyles responded that he would have to research that and get back to Council with a response. He added that the projects listed in the proposed will not completely deplete the fund. Mr. Rush expressed concern about the south-bound entry to the new diverging diamond at National Avenue and James River Freeway. Mr. Broyles responded that staff would research this concern with the Missouri Department of Transportation (MoDOT) and present the findings to Council.
	The opportunity was given for citizens to express their views. Carl Herd, 445 S. Main, spoke in opposition to the proposed bills. He expressed concern that the projects listed in the proposed bills were not the projects listed in the original Capital Improvements Tax vote. Mr. Herd expressed his belief that other projects were more vital than the projects included in the proposed bills. Mayor O'Neal asked staff to prepare a response to Mr. Herd’s concerns. Mr. Broyles responded that all of the proposed projects included in the CIP have been completed, with the exception of the final project that will completed this fall at Mt. Vernon Street and West Bypass. He added that staff would prepare a report in response to Mr. Herd’s concerns. Mayor O’Neal asked if any matching funds were being leveraged for the funding for the proposed projects. Mr. Broyles responded in the negative, adding that the ¼ cent CIP program is typically 100% City funds. Mr. Ibarra asked if the projects listed in the 2007/2010 CIP program have been completed. Mr. Broyles responded all of the projects have been completed, with the exception of the aforementioned project at Mt. Vernon Street and West Bypass. Mr. Broyles clarified that some projects are done in “phases”, and that the phase included in the CIP had been completed. Mayor O’Neal asked if spending these funds for the proposed projects would affect the CIP projects in the current 2010/2013 CIP program. Mr. Broyles responded the proposed projects will not affect the funding in the 2010/2013 CIP program. With no further appearances, the discussion was closed.
	The following bills appeared on the agenda under Resolutions:
	The following bills appeared on the agenda under Emergency bills:
Tiger II Grant	Sponsor: Chiles. Council Bill 2010-192. A special ordinance authorizing the City Manager, or his designee, to cooperate with the Ozarks Transportation Organization to apply for and accept a TIGER II Grant up to $6,110,756 from the US Department of Transportation for the purpose of funding a portion of “The Link” project and the West Wye Relocation project, and to do all things necessary to assist in the acceptance and carrying out of said grant; and declaring an emergency. (Staff recommends approval.)
	Ralph Rognstad, Director of Planning Department, gave a brief overview of the proposed. He noted the proposed funding is coming from the United States Department of Transportation. Mr. Rognstad noted the TIGER II grants require a minimum of $10 million in projects. He added that staff is working with the Ozarks Transportation Organization (OTO) and the Missouri Department of Transportation (MoDOT) to create a package that would total $10 million in projects. Mayor O’Neal noted the City has started the application process for a competitive grant for “The Link” project. Mr. Rognstad noted the aforementioned grant would total approximately $2 million and would be issued by the Department of Housing and Urban Development (HUD). He added that this grant would be for the planning process and not the implementation process. Mr. Rognstad noted that staff will most likely not pursue the HUD grant and will instead pursue the proposed TIGER II grant. Mayor O'Neal asked Mr. Quigley to give a brief description of the proposed “The Link” project. Mr. Quigley responded the proposed would be the connecting points between the greenways throughout the City. He noted the routes are not yet specifically identified. Mr. Quigley noted a memo was previously sent to Council with more details on “The Link” project. Mr. Ibarra asked for clarification regarding the West Wye Relocation aspect of the proposed. Mr. Rognstad responded the West Wye is a rail project that staff has been working on for quite some time. He added the proposed is a key project because it would help facilitate the movement of coal trains that are going to the Southwest Power Plant. Mr. Rush asked who is applying for the proposed grant. Mr. Rognstad responded that the Ozark’s Transportation Organization is making the application for the grant, but the City will be managing the funds.
	The opportunity was given for citizens to express their views. With no appearances, the discussion was closed.
	Mr. Chiles exited Council Chambers.
	Council Bill 2010-192. Special Ordinance 25794 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Stephens, and O’Neal. Nays: None. Absent: Chiles (Mr. Chiles was absent from Council Chambers during this vote).
	The following bills appeared on the agenda under Second Reading:
Rezoning: 3184 East Sunshine	Sponsor: Bailes. Council Bill 2010-176. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.75 acres, generally located at 3184 East Sunshine, from a Planned Development District, PD 237, to a GR, General Retail District, upon certain conditions being met. (Both Planning and Zoning Commission and staff recommend approval.) (By: CY Properties LLC; 3184 East Sunshine; Z-12-2010.)
	Council Bill 2010-176. General Ordinance 5877 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Stephens, and O’Neal. Nays: None. Absent: Chiles (Mr. Chiles was absent from Council Chambers during this vote).
	Mr. Chiles returned to Council Chambers.
Hy-Vee Inc.	Sponsor: Compton. Council Bill 2010-177. A special ordinance approving the form of a Cooperative Agreement between the City of Springfield, Missouri, the Kansas Battlefield Community Improvement District, and Hy-Vee, Inc.
	Mr. Burlison expressed his support of the proposed. He asked staff if the link on the website to the Community Improvement Districts map could be displayed more predominately. Mr. Quigley responded affirmatively, adding that staff would try to place the link on the “home” page of the www.springfieldmo.gov website.
Nays: Bailes	Council Bill 2010-177. Special Ordinance 25795 was approved by the following vote: Ayes: Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: Bailes. Absent: None.
Capital Improvements Program Tax	Sponsor: O’Neal. Council Bill 2010-178. A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department, in the amount of $24,000,000 to appropriate the estimated proceeds from the ¼-cent sales tax approved by the citizens of Springfield, Missouri, on June 8, 2010, to be used to fund the ¼-cent Sales Tax Capital Improvement Program for 2010-2013.
	Council Bill 2010-178. Special Ordinance 25796 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
AFC	Sponsor: Rushefsky. Council Bill 2010-179. A general ordinance amending the Springfield City Code, Article VI, Finances, Section 2-455. Amount of Employee Contributions; deduction from salary, by reducing the amount of time by which the AFC will be calculated by the actuaries for the Board of Trustees of the Retirement Fund over the intervals from five years to three years.
	Council Bill 2010-179. General Ordinance 5878 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Stephens, and O’Neal. Nays: Chiles. Absent: None.
	The following bills appeared on the agenda under Resolutions.
	The following bills appeared on the agenda under Emergency Bills.
	The following bills appeared on the agenda under Public Improvements.
	The following bills appeared on the agenda under Grants.
	UNFINISHED BUSINESS
	PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
	NEW BUSINESS
	Council referred the study of Chapter 2 of the City Code as it pertains to Council procedures to Plans & Policies Committee.
	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.
	The following bills appeared on the agenda under Consent Agenda – One Reading Bills.
Sanitary Sewer District No. 237 of Section No. 6	Sponsor: Rushefsky. Council Bill 2010-193. A special ordinance to establish and define the boundaries and adopt the plat, plans, specifications, and sealed estimate of construction costs, and authorize acquisition of necessary right(s)-of-way, including condemnation thereof, for Sanitary Sewer District No. 237 of Section No. 6 of the main sewers of the City of Springfield, Missouri, located in the general vicinity of National Avenue, north of Norton Road; further providing that all labor shall be paid the prevailing wages; providing for participation by the City in the cost of construction; directing the City Manager, or his designee to advertise for bids for the construction of said sewers; and providing for payment therefor.
	Council Bill 2010-193. Special Ordinance 25797 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
Naming of The Commons at Jordan Valley	Sponsor: Rush. Council Bill 2010-194. A resolution formally naming the area commonly known as the “Quarry”, located at the northwest corner of National Avenue and Trafficway Street within the Jordan Valley planning area, “The Commons at Jordan Valley”.
	Council Bill 2010-194. Resolution 9799 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
Appointment to Commercial Street CID	Sponsor: O’Neal. Council Bill 2010-195. A resolution appointing Bethany Kehlenbrink to the Board of Directors of the Commercial Street Community Improvement District. (Staff recommends approval.)
	Council Bill 2010-195. Resolution 9800 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
Rezoning: 1300-1400 Blocks of East Atlantic and 2000 Block of North Rogers	Sponsor: Rushefsky. Council Bill 2010-196. A resolution to initiate a rezoning of approximately 3.1 acres of land generally located at the 1300-1400 blocks of E. Atlantic Street, and the 2000 block of N. Rogers Avenue from a GM, General Manufacturing District to an R-TH, Residential Townhouse District. (Staff recommends approval.)
	Council Bill 2010-196. Resolution 9801 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
Annexation: 6000 Block of South US Highway 65	Sponsor: Bailes. Council Bill 2010-197. A resolution declaring the intent of the City of Springfield to annex 30.57 acres of private property adjacent to the existing City limits, which annexation has been petitioned by the property owners, located generally on the west side of the 6000 block of South US Highway 65, and more fully described in this ordinance, generally referenced as Annexation A-2-10. (Staff recommends approval.)
	Council Bill 2010-197. Resolution 9802 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
	The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.
Purchase of Real Property: 1447 N. Fremont Avenue	Sponsor: Ibarra. Council Bill 2010-181. A special ordinance approving the offer and acceptance by David Poindexter, for the purchase of real property that is located at 1447 N. Fremont Avenue, in the amount of $6,051.00 and authorizing the issuance of a deed for same.
	Council Bill 2010-181. Special Ordinance 25798 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
Kensington Park Villas	Sponsor: Compton. Council Bill 2010-182. 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 Kensington Park Villas, generally located on the east side of the 1300 block South Kansas Expressway, 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 2010-182. Special Ordinance 25799 was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Absent: None.
	Council confirmed the following appointments to the Art Museum Board: Nancy Dailey and Ron Hawley with terms to expire July 13, 2013.
	Mr. Ibarra moved City Council hold a closed meeting to discuss legal actions, causes of action, litigation, privileged and confidential communications, pursuant to Section 610.021 (1), RSMo. 2006: and this meeting, record, and vote shall be closed and the City Council shall stand adjourned at the end of the closed session. Mr. Burlison seconded the motion and it was approved by the following vote: Ayes: Bailes, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, and O’Neal. Nays: None. Abstain: None. Absent: None.
	Brenda M. Cirtin, MMC/MPCC
07/12/2010 lh	City Clerk