October 12, 2009

Springfield, Missouri

	The City Council met in regular session October 12, 2009 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: Dan Chiles, Robert Stephens, Jerome Compton, Nicholas Ibarra, Cindy Rushefsky, John Rush, Doug Burlison, and Mayor James O’Neal. Absent: Scott Bailes.
Minutes	The minutes of September 21, 2009 and September 22, 2009 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as presented.
	CEREMONIAL MATTERS
	Brenda Cirtin, City Clerk, swore in Gloria Roling to serve as an alternate member of the Board of Adjustment.
	RESPONSES TO QUESTIONS RAISED AT THE SEPTEMBER 21, 2009 and SEPTEMBER 22, 2009 COUNCIL MEETINGS AND CITY MANAGER’S REPORT.
Manager’s Report	Evelyn Honea, Deputy City Manager, responded that all questions had been answered. She noted that sales tax collection for the month of October was down 1.35% from this time last year. She added that collection for the year is down 11.35%. Ms. Honea noted some complaints have been received regarding the placement of the government access channel through Mediacom Cable. She added that with the City not having a franchise with Mediacom Cable, there is nothing the City can do to control the placement of the aforementioned channel. Ms. Honea noted a news-release went out to the media today announcing five City-owned properties, four residential and one manufacturing, that are currently available for bid. She added that new properties should be announced for bid every few weeks. Ms. Honea noted bids will be accepted on the five properties announced through November 5, 2009. She added that if citizens have any questions regarding purchasing the properties they may contact the Purchasing Department at 864-1620. Ms. Honea congratulated Jason Haynes, Signal System Engineer, who received the Young Transportation Professional of the Year Award from the Missouri Valley Section of the Institute of Transportation Engineers. She added the award cited a recent paper he wrote on LED traffic signal lamps, an evaluation of Springfield’s experience. Ms. Honea noted the award is presented annually to a professional under the age of thirty-five based on a technical paper competition. She added that Mr. Haynes has worked for the City for over ten years. Ms. Honea noted the conference where Mr. Haynes received his award was held in Springfield this year and she expressed her appreciation to Martin Gugel, Traffic Engineering, for serving as Chair of the local arrangements committee for the conference. Ms. Honea congratulated Roxann Sharp, Public Health Investigator, who recently won the Environmental Health Specialist of the Year Award at last week’s Missouri Environmental Health Association conference. She added that Ms. Sharp joined the Health Department in 1986, following a career in food service. Ms. Honea noted Ms. Sharp is a blood and platelet donor who has exceeded the twenty-five gallon mark. Mayor O'Neal noted that October is Breast Cancer Awareness month and encouraged all women to have an annual breast examination. Dan Chiles asked staff to have the Cable Television Advisory Board systematically look into how Mediacom’s service and pricing has changed since deregulation.
	The following bills appeared on the agenda under Public Hearing Bills.
	The following bills appeared on the agenda under First Reading Bills.
Modifying Composition of the Board of the Springfield Police and Firefighters Pension System	Sponsor: Burlison, Bailes, Chiles, and Stephens. Council Bill 2009-253. A general ordinance amending section 2-444 of the Springfield City Code modifying the composition of the Board of Trustees of the Springfield Police and Firefighters Pension System. (Recommended by the Plans and Policies Committee.)
	Ms. Honea gave a brief description of the proposed. She noted the City Council Plans and Policies Committee reviewed the two recommendations made by the Police Fire Pension Fund Citizens Task Force. She added the Committee made amendments to the recommendations presented, which are included in the proposed.
	An opportunity was given for citizens to express their views. Shawn Martin, 5486 S. Clay, spoke regarding the proposed. Mr. Martin expressed his appreciation to the Police Fire Pension Fund Citizens Task Force for their work on the proposed recommendations. He also expressed concern with changing the number of Police/Fire employees on the Board from two employees, to one employee. Mr. Martin noted that due to the fact that Police/Fire employees are shareholders in the Pension Fund he is concerned that they will not be able to voice their opinions as well with only one employee on the Board. He also expressed concern at removing the retiree voting member from the Board. Mr. Martin noted that it may be difficult to have a quorum with the smaller number of Board members. Mr. Ibarra asked if the recommendation made by the City Manager for his liaison on the Board would come before Council for review. Ms. Honea responded the Committee agreed the City Manager liaison would normally be the Director of Finance. Ms. Rushefsky asked for clarification as to why the citizen Board members would be selected by the City Manager. Dan Wichmer, City Attorney, responded the process would be the same as all other Administrative Boards which means the City Manager will accept applications and make a recommendation to Council for their review. Mr. Stephens noted that as a member of the Plans and Policies Committee they reviewed two items: the State Law and the skill sets that would give the Board the strongest possible management. He added that the Committee wanted Council and citizens to be able to review the proposed changes and provide feedback. Mr. Rush asked for clarification regarding the sentence in the amendment that states “the City Attorney shall act as legal advisor of the Board”. Mr. Wichmer responded this amendment was recommended by the Board and would allow the City Attorney to handle disability issues that are not deemed a conflict issue. Fred Ellison, 1315 N. Broadway, spoke in opposition of the proposed. He presented Council with his recommendations for the Pension Board that are as follows: reduce from an eleven member Board to a nine member Board; have one Police employee, one Fire employee, and one benefit recipient; three City staff including the Finance Director, the Personnel Director, and a voting Councilmember; and three citizens- one with investment expertise, one with business management expertise, and one with medical expertise. Mr. Ellison expressed his belief that a citizen with legal expertise would be a detriment to the Board. With no further appearances the discussion was closed. Ms. Cirtin informed Council that the City Manager currently recommends the citizen members to Council, but that Council always has final approval. Mr. Chiles moved to adopt the following amendments to the proposed: Amendment #1: Amend Council Bill 2009-253 in two respects to be considered together, specifically amending Section 1 of said Council Bill, Section 2-444 (c), by adding a new second sentence to the said subsection stating: the election of the Police Department participant Board position shall be held in even numbered years, and the election of the Fire Department Board participant shall be held in odd numbered years. And by amending Section 4, Subsection (b)(4), of said Council Bill by adding the following new language to the end of said subsection (b)(4): For the years 2009, 2010, and 2011 only, the remaining Police Department employee Board position shall have a term ending December 31, 2010, and will stand for election in December 2010. The remaining Fire Department employee Board position shall have a term ending December 31, 2011, and will stand for election in December 2011. All subsequent elections and terms shall be as provided for in the City Code provisions governing said elections and terms. Amendment #2: Amend Council Bill 2009-253 specifically by amending Section 3, of said Council Bill, Section 2-454, by adding a new last sentence to the said section, stating: “In either event, upon the agreement of the Board and the City Attorney thereto, the City Attorney may handle legal matters in connection with disability retirement claims for the Board. Mr. Burlison seconded the motion and the amendments were discussed. Mr. Chiles expressed his support of the proposed amendments. He expressed his belief that the proposed amendments will only “clean-up” a few issues in the proposed ordinance. Mr. Burlison expressed his support of the proposed amendments. He expressed his belief that the proposed amendments will not change the future of the Board. Ms. Rushefsky expressed her opposition to proposed amendment #1. She expressed concern regarding the removal of one Police and one Fire employee. Mr. Stephens asked if it would be appropriate for Mr. Chiles to retract his motion and then remand the proposed back to the Plans and Policies Committee. Mayor O’Neal responded that would be up to Mr. Chiles. Mr. Chiles chose not to retract his motion. City Council chose to vote on Amendment #2 first. Amendment #2 passed by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes. Mr. Ibarra expressed his belief that no amendments should be made until Council has had to time to review the proposed in more detail. Amendment #1 failed by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: Ibarra, Rushefsky, Rush, Stephens, Compton, and O’Neal. Abstain: None. Absent: Bailes. Mayor O’Neal recommended the proposed be the topic of Council Lunch on Tuesday, October 20, 2009, so that all Councilmembers can give their recommendations.
	The following bills appeared on the agenda under Resolutions.
Affirming the Intent of Council regarding ¾ cent PensionTax	Sponsor: O’Neal. Council Bill 2009-254. (O’Neal) A resolution affirming the intent of City Council in proposing a ¾-cent Pension Tax.
	Mr. Wichmer gave a brief description of the proposed. He noted the proposed details the intent of Council regarding the proposed 3/4-cent pension tax. Mr. Wichmer noted the proposed tax includes one sunset clause that will end the tax if the fund becomes 100% funded, otherwise in five years it is the intent of Council and the Police Fire Pension Fund Citizens Task Force to test the will of voters as to whether or not they wish to repeal this tax.
	Mr. Burlison asked for clarification regarding what would happen if the tax passes and in five years Council does not go back to the voters for a renewal of the tax. Mr. Wichmer responded that if no action is taken and no one files an initiative petition the tax is only good for five years, per State law. Mr. Rush asked why the term “sunset” was not used in the language of the proposed tax. Mr. Wichmer responded the term wasn’t used because Council and the Police Fire Pension Fund Citizens Task Force recognized that it is highly unlikely that the Pension Fund will reach 100% funding in five years. Ms. Rushefsky noted the tax will end in five years, unless there is a repeal election. Mr. Wichmer responded affirmatively, adding the repeal would have to fail. He added citizens would have to vote “no” for the tax to continue. Mr. Ibarra asked if the language could have been worded differently as to not confuse citizens when the issue comes back before voters in five years. Mr. Wichmer responded the language was taken from State mandates and he would not advise deviating from the proposed language.
	An opportunity was given for citizens to express their views. Jim Hornaday, 4470 S. Park, spoke in opposition of the proposed. Mr. Hornaday presented Council with a PowerPoint presentation. (A copy of this presentation is on file in the City Clerk’s Office) Mr. Hornaday noted he is very much in favor of the Pension Fund being fully funded, but expressed concern that voter’s perception may be inaccurate due to miscommunication. He expressed his belief that voters believe that the City has frivolously spent funds that could have been placed in the Pension Fund. Mayor O’Neal expressed his appreciation to Mr. Hornaday for his presentation this evening. Mr. Ibarra asked for clarification regarding the ballot language including 100% funding. Mr. Wichmer responded the 100% was included because that is a cap to end the tax, so the fund isn’t over-funded. Mayor O'Neal noted the 100% funding comment is included to protect citizens, by not allowing over-funding of the fund. He added the ballot language includes the statement “shall be solely used for the Pension Fund”, which means the tax revenue cannot be used for anything else. Mayor O’Neal noted ballot language is narrow, and that all issues cannot be included in ballot language due to State law. He added that the tax does have a time limit of five years. Steven Reed, 1441 S. Estate Avenue, spoke in opposition of the proposed. He expressed concern that the proposed tax will not solve the funding problem. Mr. Reed also expressed concern regarding misspending of funds that could have been placed in the Pension Fund. Mr. Ibarra noted that the City has not misspent funds, but the pension underfunding amount is projected liabilities. Mr. Wichmer responded that the City has made all payments as required by the Actuary as of October 2009. Mayor O'Neal noted the City has put $40 million into the Pension Fund in the past two fiscal years. Fred Ellison, 1315 N. Broadway, spoke in support of the proposed. He expressed his concern that the proposed tax will not solve the pension funding program. Mr. Ellison expressed his belief that if the tax passes the Council and the City Manager will proclaim “mission accomplished” and the changes that need to be made to the fund will not occur. He also expressed his belief that if the tax passes all of the budget cuts the City has made will be reestablished. Mr. Ellison also expressed concern that the proposed tax will become a permanent tax and not end in five years as previously stated. He added he also is concerned that the 100% funding amount is more than what the Actuary recommends. Mr. Burlison asked Mr. Ellison if his recommendations regarding the Pension Fund would open the City up to law suits since it would lessen benefits received by Police and Fire employees. Mr. Ellison responded that his recommendations would not do that and that he has sent his recommendations to two Councilmembers as well as Police and Fire organizations. Mr. Ibarra asked for clarification regarding feedback he has received from Police and Fire representatives. Mr. Ellison responded that he has not received any feedback from either employee group. Ms. Cirtin asked Mr. Ellison to provide a copy of his recommendations that he sent to two Councilmembers to the City Clerk’s office for their file. With no further appearances, the discussion was closed. Mr. Ibarra noted that voters will be able to vote on the proposed tax, each five years, if necessary. He expressed his hope that voter’s will vote on the merit of the tax and not necessarily the possible confusion in the ballot language. Mr. Burlison expressed his support of the proposed. He also expressed his appreciation to Mayor O’Neal for reaching out to the community by educating citizens on the details of the proposed tax. Mr. Compton reiterated Mr. Burlison’s comments, adding that he hopes citizens can keep this proposed tax and other governmental issues separate when voting. Ms. Rushefsky expressed her belief that Police and Fire employees are the most “core” City services in the City of Springfield. Mr. Chiles expressed his support of the proposed. He added that recommendations made by the Auditor have been implemented. Mr. Chiles expressed his belief that other City issues will not be able to be resolved until the Pension Fund is appropriately funded. Mayor O'Neal noted that the proposed was recommended by Council to detail exactly what Council’s intent is regarding the proposed tax. He expressed concern that some citizens do not trust Council, which is why Council is trying to be transparent in their intentions. Mayor O’Neal noted that all revenues from the tax will be placed into the Pension Fund. He responded to a comment Mr. Ellison made regarding $28 million being made available, due to reduced City contributions, for the City to place in the General Fund. He noted that there will not be $28 million available to place in the General Fund; he responded that the City’s contribution will be reduced to 35% which may help to restore approximately $3 million into the General Fund, which could be used to hire additional Police Officers and Firefighters. Mayor O’Neal noted he has been attending presentations throughout the City to help educate citizens on the necessity of the proposed tax. He expressed his belief that the City should not be in the “pension business”, adding that hopefully the proposed tax will help with this concern.
	Council Bill 2009-254. Resolution 9721 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Emergency Bills.
Energy Efficiency and Conservation Grant	Sponsor: O’Neal. Council Bill 2009-255. A special ordinance authorizing the City Manager, or his designee, to accept an Energy Efficiency and Conservation Grant from the Department of Energy (DOE) through the American Recovery and Reinvestment Act (ARRA) in the amount of $1,664,600.00 and amending the budget provided for the City of Springfield, Missouri, in the Department of Public Works for fiscal year 2009‑2010; and declaring an emergency.
	Marc Thornsberry, Director of Public Works, gave a brief description of the proposed. He noted the proposed grant is to advance energy and emission reduction programs. He added that grant funds would be used to conduct an energy reduction study of municipal facilities to identify cost-effective strategies to reduce the City’s carbon footprint, greenhouse gasses, and selectable usage. Mr. Thornsberry noted the proposed would also be used to fund a City Utilities (CU) sponsored refrigerator and freezer recycling program, which will help establish an incentive program to encourage CU customers to recycle/retire older inefficient refrigerators and freezers and to fund energy efficiency and conservation improvements to reduce the electric demand for heating and cooling in the Busch Municipal Building and Old City Hall. He added that the proposed grant does not require a local match, but CU has committed an additional $119,000 to enhance the refrigerator and freezer recycling program. Mr. Thornsberry noted Public Works recommends approval of this emergency bill and associated budget adjustment. Mr. Burlison asked for clarification regarding how much of the proposed grant will be used for HVAC improvements in the Government Complex. Mr. Thornsberry responded the majority would be used for these improvements.
	Council Bill 2009-255. Special Ordinance 25666 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Burlison, Rush, and O’Neal. Nays: Ibarra. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Public Improvements.
	The following bills appeared on the agenda under Second Reading Bills.
Rezoning 1900 Block of South Campbell Avenue	Sponsor: Compton. Council Bill 2009-236. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 7.35 acres, generally located on the east side of the 1900 block of S. Campbell Avenue from an LI, Light Industrial District and R-SF, Single-Family Residential District to an HC, Highway Commercial District; and establishing Conditional Overlay District No. 29. (Both Planning and Zoning Commission and staff recommend approval.) (By: Campus Rentals, LLC & American Sportsman Holdings Co.; 1900 block s/s of S. Campbell Avenue; Z-11-2009 & Conditional Overlay District 29.)
	Ms. Rushefsky moved to table the proposed until the October 26, 2009 Council meeting. Mr. Ibarra seconded the motion and Mayor O’Neal suspended the rules to allow for debate of the motion to table. Mr. Ibarra noted that the proposed is not intertwined with concerns citizens have regarding the Wonders of Wildlife Museum. He expressed his belief that Council should not decide if another hotel is needed in Springfield; visitors should make that decision. Mr. Compton noted that construction yards are included in the current zoning of the majority of the proposed property. He expressed his belief that the proposed and the Wonders of Wildlife Museum are two separate issues and should be considered as such. Ms. Rushefsky expressed her belief that although the proposed and Wonders of Wildlife are separate issues, they are connected. She expressed concern that items in the proposed depends on the good faith of the people who are entering the conditional overlay agreements. Ms. Rushefsky noted her intent is not to table the proposed indefinitely, but rather to allow Council to hear comment from the Wonders of Wildlife organization during Council Lunch on Tuesday, October 13, 2009. Mr. Stephens expressed his opposition regarding the motion to table. He expressed his belief that these two issues are not connected and should not be dependent on the other’s actions. Mr. Burlison expressed his support of the motion to table. He expressed his belief that the two entities are connected and will also be connected physically when construction is complete. Mr. Rush expressed his opposition regarding the motion to table. He expressed his belief that the proposed is not connected to the Wonders of Wildlife Museum issue. Mr. Ibarra asked if Council has measures available to control whether or not the Wonders of Wildlife Museum receives hotel/motel tax revenue. Mr. Wichmer responded he believes Council has to ability to review that issue. After discussion the motion to table failed by the following vote: Ayes: Rushefsky and Burlison. Nays: Chiles, Stephens, Compton, Ibarra, Burlison, Rush, and O’Neal. Abstain: None. Absent: Bailes. Mr. Chiles expressed his support of the proposed. He noted that the Planning and Zoning Commission held a public hearing and voted 7-1 for approval of the proposed. Mr. Chiles expressed his belief that the proposed will bring new jobs to the City and help the local economy. Mr. Compton expressed his belief that Bass Pro Shops, Incorporated, has worked to resolve several of the neighbors’ concerns and has assured that they will work with the City to resolve stormwater issues, landscaping issues, and bulk plane requirements. Mayor O'Neal noted he favors the economic development the proposed hotel would create, but he also has concerns regarding accountability and the Wonders of Wildlife Museum. He added that he would ask the Wonders of Wildlife Museum to communicate more often and responsibly to Council.
	Council Bill 2009-236. General Ordinance 5838 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Ibarra, Rush, and O’Neal. Nays: Rushefsky and Burlison. Abstain: None. Absent: Bailes.
Rezoning West Weaver Road	Sponsor: Compton. Council Bill 2009-237. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 38.9 acres of property generally located on the south side 600 block West Weaver Road from Planned Development District No. 271 to Planned Development District No. 271 Amended. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Griswald Enterprises LLC; Weaver Creek Investment LLC and Landmark Building and Development Co. LLC; South side 600 block West Weaver Road; Planned Development 271.)
	Mr. Compton asked staff to continue to monitor traffic with the Missouri Department of Transportation and Greene County, and if necessary stagger traffic signals to help traffic flow. Mr. Stephens noted he spent two mornings watching traffic flow at this intersection and noticed although traffic would back up twelve to fourteen cars; it was very rare that all cars did not make it through the light. He expressed his support of the proposed. Mayor O'Neal expressed his opposition of the proposed. He expressed concern regarding traffic issues in this area.
	Council Bill 2009-237. General Ordinance 5839 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Ibarra, and Rush. Nays: Rushefsky, Burlison, and O’Neal. Abstain: None. Absent: Bailes.
Use Permit for Martial Arts Business at 1322 West Grand Street	Sponsor: Compton. Council Bill 2009-238. A special ordinance authorizing the issuance of a "Use Permit" for a martial arts business in an LB, Limited Business District, generally located at 1322 West Grand Street, on certain conditions. (Planning and Zoning Commission and staff recommend approval.)
	Council Bill 2009-238. Special Ordinance 25667 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Duracell Donation	Sponsor: Bailes. Council Bill 2009-240. A special ordinance authorizing the City Manager, or his designee, to accept the donation of flashlights, batteries, and other emergency preparedness items in the total approximate value of $100,000 from Proctor and Gamble Company’s Duracell, for distribution by the Springfield Fire Department and the Springfield-Greene County Office of Emergency Management to the public, and expressing appreciation to the donor for this donation.
	Council Bill 2009-240. Special Ordinance 25668 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
$5,918,788.00 Payment into the Police Officer’s and Fire Fighters Pension Fund	Sponsor: Council. Council Bill 2009-252. 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 $5,918,788.00 for payment into the Police Officers’ and Fire Fighters’ Pension Fund.
	Mr. Burlison expressed his support of the proposed and expressed appreciation to Council for placing the proposed funds into the Police Fire Pension fund as promised to citizens. Mayor O'Neal noted the proposed amount is the second of three settlements. He added that when/if the third settlement is reached it will also be placed into the Police Fire Pension fund.
	Council Bill 2009-252. Special Ordinance 25669 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	UNFINISHED BUSINESS
	PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
	NEW BUSINESS
	Ms. Cirtin noted that the Financial Statements for August 2009 were included in Council packets.
	The following bills appeared on the agenda under Consent Agenda – First Reading Bills.
Preliminary Plat of KUM & GO No.489	Sponsor: Compton. Council Bill 2009-256. A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield as shown on renewal of the Preliminary Plat of KUM & GO No. 489, generally located at 4020 West Battlefield 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 the Planning and Zoning Commission and staff recommend that City Council accept the public streets and easements.)
Contract of Obligation with MDNR	Sponsor: O’Neal. Council Bill 2009-257. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an amended Contract of Obligation with the Missouri Department of Natural Resources (MDNR) whereby the City agrees to financially secure the future closure and post-closure care of all currently active and previously completed portions of the City’s Sanitary Landfill.
	The following bills appeared on the agenda under Consent Agenda – One Reading Bills.
Sanitary Sewer District No. 131 of Section No.9	Sponsor: Rushefsky. Council Bill 2009-258. 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. 131 of Section No. 9, in the general vicinity of Delaware Avenue at Bennett 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 his office in accordance with the ordinance.
	Council Bill 2009-258. Special Ordinance 25670 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Sanitary Sewer District No. 50V of Section No. 6	Sponsor: Rushefsky. Council Bill 2009-259. A special ordinance accepting the bid of Webster County Excavating, LLC, in the amount of $51,775.03 for the construction of sanitary sewers in Sanitary Sewer District No. 50V of Section No. 6, located in the vicinity of Norton Road at Fremont Avenue in the City of Springfield, Missouri; declaring the work to be necessary; stating the intention to pay for all or part of the improvements from the proceeds of bonds; specifying those costs and expenses to be specifically assessed against the properties in the district and the method by which the costs will be apportioned; setting forth the manner of payment, the lien of the assessments and the duration of the lien; setting forth the interest rate to be charged on the tax bills; authorizing the City Manager, or his designee of the City of Springfield, Missouri, to enter into a contract and to approve the bond for said improvement; and authorizing progress payments to be made to the contractor.
	Council Bill 2009-259. Special Ordinance 25671 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
School Sidewalk Project 09B	Sponsor: O’Neal. Council Bill 2009-260. A resolution approving the plans and construction specifications for School Sidewalk Project 09B and accepting the bid of Hunter Chase & Associates, Inc. for the construction of this project.
	Council Bill 2009-260. Resolution 9722 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Traffic Signal Installations	Sponsor: Bailes. Council Bill 2009-261. A resolution approving the plans and construction specifications for Traffic Signal Installations at Division Street at Packer Road and Primrose Street at Delaware Avenue Project and accepting the bid of Hartman & Company, Inc. for the construction of this project.
	Council Bill 2009-261. Resolution 9723 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Sight Triangle Requirements	Sponsor: Burlison. Council Bill 2009-262. A resolution to initiate an amendment to the Springfield Land Development Code, Article I, Zoning Ordinance, to allow modifications in the sight triangle requirements, under certain conditions. (Staff recommends approval.)
	Council Bill 2009-262. Resolution 9724 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Rezoning of Property Located at the Intersection of Locust Street and Washington Avenue	Sponsor: Rushefsky. Council Bill 2009-263. A resolution to initiate a rezoning of property generally located at the intersection of Locust Street and Washington Avenue, with a street address of 1600 North Washington Avenue, from Planned Development District No. 207 to Planned Development District No. 207 Amended for the purpose of allowing a spay and neuter clinic.
	Council Bill 2009-263. Special Ordinance 9725 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.
Walnut Creek Phase III	Sponsor: Compton. Council Bill 2009-241. 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 Walnut Creek Phase III, generally located on the east and west sides of the 5100 block South Main 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.)
	Council Bill 2009-241. Special Ordinance 25672 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Roberts Industrial Park	Sponsor: Ibarra. Council Bill 2009-242. A special ordinance authorizing the Director of Planning and Development to accept the dedication of public streets and easements to the City of Springfield as shown on renewal of the Preliminary Plat of ROBERTS INDUSTRIAL PARK, generally located at 1012 and 1160 North Farm Road 123 (Westgate 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 the Planning and Zoning Commission and staff recommend that City Council accept the public streets and easements.)
	Council Bill 2009-242. Special Ordinance 25673 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
License Agreement with UPS	Sponsor: Rushefsky. Council Bill 2009-243. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into a license agreement with United Parcel Service, Inc. (“UPS”) an Ohio corporation, lessee, pursuant to an existing lease agreement with the owner of certain adjacent real property, Rebcol Corporation, a Missouri corporation, to allow the use of a portion of City right-of-way, within Nias Avenue. (Planning and Zoning staff recommend approval.)
	Council Bill 2009-243. Special Ordinance 25674 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
West Meadows of Jordan Valley to Ozark Greenways	Sponsor: Compton. Council Bill 2009-250. A special ordinance authorizing the City of Springfield to transfer two (2) parcels, which comprise Sites 2 and 3 in the future West Meadows of Jordan Valley to Ozark Greenways, and in connection therewith authorizing the City Manager, or his designee, to execute an agreement with Ozark Greenways regarding the environmental cleanup of said parcels and the eventual transfer of such land back to the City of Springfield, Missouri.
	Council Bill 2009-250. Special Ordinance 25675 was approved by the following vote: Ayes: Chiles, Stephens, Compton, Rushefsky, Ibarra, Burlison, Rush, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	Council confirmed the following reappointment to the Building Trades Examination and Certification Board: Rory Krueger with term to expire October 1, 2012.
	Council confirmed the following appointments to the Citizens Advisory Committee for Community Development: Melissa Horak-Hern with term to expire May 1, 2010; and Ed Griesebaum with term to expire May 1, 2012.
	Council confirmed the following appointments to the Public Building Corporation: Raymond Eddings with term to expire September 1, 2013; and John Wylie and Derek Fraley with terms to expire September 1, 2015.
	Council confirmed the following appointment to the Landmarks Board: David Eslick with term to expire November 1, 2010.
	Council confirmed the following appointment to the Springfield/Greene County Environmental Advisory Board: Chris Bell with term to expire October 1, 2012.
	Council confirmed the following reappointments to the Springfield/Greene County Environmental Advisory Board: Reverend Kenneth Chumbley and Jack Hembree with terms to expire October 1, 2012.
	Council confirmed the following appointments to the Cable Advisory Board: Stephen Eisele with term to expire September 1, 2010; and Thomas Ringenberg with term to expire September 1, 2011.
	Council confirmed the following reappointments to the Cable Advisory Board: Rita Silic and Jason Wortley with terms to expire September 1, 2012.
	With no further business to come before Council the meeting was adjourned.
	Brenda Cirtin, MMC/MPCC
10/12/09 lh	City Clerk