October 26, 2009

Springfield, Missouri

	The City Council met in regular session October 26, 2009 in the Council Chambers at City Hall. The meeting was called to order and a prayer was given by Mayor James O’Neal.
Roll Call	Present: Robert Stephens, Jerome Compton, Nicholas Ibarra, Cindy Rushefsky, John Rush, Doug Burlison, Dan Chiles, and Mayor James O’Neal. Absent: Scott Bailes.
Minutes	The minutes of October 12, 2009 were approved as corrected. The minutes had shown a error in recording the vote on one of the items. This error was corrected prior to the City Council meeting.
Consent Agenda	The Consent Agendas were finalized and approved as amended. Nicholas Ibarra requested Council Bill 2009-271 be removed from Consent Agenda First Reading Bills. Ms. Cirtin informed Council that Council Bill 2009-271 would become item #15.5 under First Reading Bills.
	Doug Burlison moved to table Council Bill 2009-253 and Council Bill 2009-253-Substitute No.1. Cindy Rushefsky seconded the motion and it was approved.
	CEREMONIAL MATTERS
	Brenda Cirtin, City Clerk, swore in Ed Griesebaum and Melissa Horak-Hern to serve on the Citizens Advisory Committee for Community Development. Ms. Cirtin also swore in Raymond Eddings and John Wylie to serve on the Public Building Corporation.
	RESPONSES TO QUESTIONS RAISED AT THE OCTOBER 9, 2009 COUNCIL MEETINGS AND CITY MANAGER’S REPORT.
Manager’s Report	Greg Burris, City Manager, responded that all questions had been answered. Mr. Burris presented Council with a written response regarding the questions Mr. Chiles asked about Mediacom at the last Council meeting. Mr. Burris expressed his appreciation to the Springfield-Greene County Health Department for their efforts in addressing the recent flu outbreak: seasonal and H1N1. He added that weekly media briefings will be aired on Tuesday afternoons on CityView, to help keep the community apprised of the situation. Mr. Burris noted that volunteers are needed to assist with answering phone calls regarding flu vaccine. He informed citizens they can visit www.beacommunityhero.com or call 829-6200 to apply to volunteer. Mr. Burris noted that the Solid Waste Division has received a grant from the Solid Waste District O organization to purchase more recycling bins and marketing/educational materials to assist with special-event recycling. He added that anyone interested in additional information should visit www.ozarksenvironment.com. Mr. Burris noted that Council lunches, normally held each Tuesday, will now be televised and will air several times each week on CityView. Mr. Burris congratulated Steve Shanholtzer, Right-of-Way Supervisor, for recently being named a Lifetime Chapter Member of the International Right-of-Way Association. He added that Mr. Shanholtzer has been employed with the City for more than thirty years and this award is basically a lifetime achievement award from this organization. Mr. Burris also congratulated Eric Roberts, Environmental Technician, who was recently appointed to the Missouri State University Board of Advisors in the Chemistry Department. Partner Progress Report Mary Bushman, Representative of the United States Tennis Association, congratulated Springfield for being named one of the Top 10 Tennis Towns in the United States. She presented the City with a plaque commemorating this achievement. Mayor O'Neal expressed his appreciation to Ms. Bushman and the United States Tennis Association for their presentation and this recognition. Jodie Adams, Director of Parks, expressed her appreciation to Bob Belote, Assistant Director of Parks, and Kim Reser, Superintendent of Recreation, for their help in making Springfield one of the ‘Top 10 Tennis Towns’. She also expressed her appreciation to the United States Tennis Association for recognizing Springfield’s commitment to local tennis programs.
	Due to visiting City government officials from Joplin, Missouri, Council Bill 2009-270 was read and discussed at this time.
	The following bills appeared on the agenda under Resolutions.
Tax Oversight Committee	Sponsor: O’Neal. Council Bill 2009-270. A resolution declaring the intent of City Council to create a citizen-based tax oversight committee.
	Mayor O’Neal introduced the visitors from Joplin, Missouri: Gary Shaw, Mayor; Richard Thompson, City Attorney; and Gary Dole, Chair of the Tax Oversight Committee for Joplin, Missouri. Mr. Shaw gave a brief description of Joplin’s Tax Oversight Committee. Mr. Dole noted their Tax Oversight Committee meets quarterly, typically in the afternoon. He added they are tasked with reviewing all receipts that come in under each individual sales tax, which assists them in making sure they stay on budget. Mr. Dole noted the Committee also goes item-by-item regarding expenditures by category, relating to those taxes. He added this Committee helps the City of Joplin keep promises made to citizens regarding promised funding for specific projects. Following a brief discussion of the Committee’s role, Mayor O'Neal expressed his appreciation to Mr. Shaw, Mr. Thompson, and Mr. Dole for their attendance this evening.
	An opportunity was given for citizens to express their views. With no appearances, the discussion was closed. Council Bill 2009-270. Resolution 9726 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Public Hearing Bills.
Rezoning at 3535 and 3539 South Lone Pine and 2811 East Galloway	Sponsor: Bailes. Council Bill 2009-264. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.1 acres, generally located at 3535 and 3539 South Lone Pine Avenue and 2811 East Galloway Street from an LB, Limited Business District to a GR, General Retail District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Robert Wayne and Jennifer Shelley and Ronald R. and Betty Shelley; 3535 and 3539 South Lone Pine Avenue and 2811 East Galloway Street; Z-13-2009.)
	Mike MacPherson, Planning Department, gave a brief description of the proposed. He noted the applicant is proposing to rezone 2.1 acres from a Limited Business District to a General Retail District to allow an existing furniture and gift store, interior decorating business, and studio school for dance as permitted uses. Mr. MacPherson noted there are currently three commercial buildings located on the property, and two businesses located in two different buildings on the site, that later learned they were not permitted uses within the Limited Business District. He added that staff believes the uses in the General Retail District would be fitting for these types of businesses. Mr. MacPherson noted that eight property owners were notified of this zoning request, and no objections were received. He added that the Planning and Zoning Commission and staff recommend approval.
	Mr. Burlison asked for clarification regarding traffic concerns in the area. Marc Thornsberry, Director of Public Works, responded that Galloway Street is included in the “unfunded needs” list with a meeting being held near the first of the year regarding the reconnection to Republic Road and possible realignments for Galloway Street and Primrose Avenue.
	An opportunity was given for citizens to express their views. With no appearances, the public hearing was closed.
Rezoning at 2814 S. Fremont Avenue	Sponsor: Bailes. Council Bill 2009-265. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.38 acres, generally located at 2814 S. Fremont Avenue from an O-1, Office District and R-HD, High Density Multi-Family Residential District to a GR, General Retail District; and establishing Conditional Overlay District No. 30. (Both Planning and Zoning Commission and staff recommend approval.) (By: Kenneth Hamilton & Southwest Community Bank c/o Mark Uhler; 2814 S. Fremont Avenue; Z-12-2009 & Conditional Overlay District #30.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed is adjacent to the Battlefield Mall, adding the proposed would rezone 2.38 acres located on South Fremont Avenue from Office O-1 District to General Retail District with a Conditional Overlay District. He added the applicant is proposing to build a shopping center. Mr. MacPherson noted the Conditional Overlay District will restrict the floor area ratio, require additional screening along Fremont, to provide protection for residential neighbors across the street, require a lot combination of the rezoned lots, and limit signage height and size and place restrictions on the lighting. He added that the Planning and Zoning Commission and staff recommend approval with no public objections being received. Mr. Ibarra asked what changed during the time the Planning and Zoning Commission decided to table the proposed and their approval of the proposed. Mr. MacPherson responded the proposed was tabled to allow for further review of some of the allowed uses that could possibly be added to the Conditional Overlay as prohibited uses. He added the applicant consulted and chose not to do that, but did make limitations including increasing the screening along the property and eliminating lighted signage. Mr. Stephens asked for clarification regarding where the location of the entrance would be. Mr. MacPherson responded the entrance for the proposed will be located off on Woodland Avenue.
	An opportunity was given for citizens to express their views. Brent Stevens, 5051 S. National #7A, spoke in support of the proposed. He noted he is a representative of the applicant. Mr. Stevens informed Council that a letter written as a follow-up, to the first Planning and Zoning Commission meeting, was included with the proposed for their review. He added the proposed is surrounded on two sides by General Retail, the Battlefield Mall, and High Density Apartments to the North, and Fremont Avenue to the West. Mr. Stevens noted the property currently includes an abandoned house. Mr. Stevens noted that very little opposition has been received from neighbors. He added that it was revealed in a neighborhood meeting that neighbors were relieved that apartments, which are allowed in the current zoning, would not be allowed with the proposed rezoning. With no further appearances, the public hearing was closed.
Height Requirement for Accessory Structures	Sponsor: Rush. Council Bill 2009-266. A general ordinance amending the Springfield Land Development Code, Division III, Section 3-3600, to allow for a special exception to the height requirement for accessory structures, when the structure will be consistent with the character of the neighborhood, and similar structures in the area. (Both Planning and Zoning Commission and staff recommend approval.)
	Mr. MacPherson gave a brief description of the proposed. He noted the Board of Adjustment is charged with considering special exception cases with regard to accessory structure building heights. He added the current requirements are very restrictive and do not work well in existing older neighborhoods with large lots. Mr. MacPherson noted the proposed changes would allow the Board to consider using the normal setback requirement for a side yard, as compared with the existing requirement in the special exceptions of 20-feet away from the property line and eliminating the bulk-plane requirement. He added the proposed would allow for the height of an accessory structure to exceed the typical 16-feet that is currently allowed, as long as it fits within the character of the principal structure and surrounding neighborhood. Mr. MacPherson noted the proposed will allow the Board of Adjustment more flexibility in relation to the height of accessory structures. He added the Planning and Zoning Commission and staff recommend approval. Mr. Chiles asked for clarification regarding how the proposed would have affected the recently proposed hotel across from Bass Pro Shops, Inc. Mr. MacPherson responded the proposed would not have affected the proposed hotel in any way. Mr. Burlison asked for clarification regarding the definition of accessory structures. Mr. MacPherson responded an accessory structure is typically a garage or outbuilding/storage structure.
	An opportunity was given for citizens to express their views. With no appearances, the public hearing was closed.
Urban Gardens	Sponsor: Rushefsky. Council Bill 2009-267. A general ordinance amending the Springfield Land Development Code, Zoning Ordinance, Article I, Division II, Section 2-1100, Definitions, Regulations for all zoning districts with respect to Community and Commercial Gardens and Farmers Markets; Section 5-1000, Accessory Uses, for the purpose of providing for Personal Gardens; adding a new Subsection 5-3000 for the purpose of establishing criteria for Community Gardens; and amending said Zoning Ordinance in its entirety, to delete all references to “truck garden” from the Zoning Ordinance. (Planning and Zoning Commission and Staff recommend approval.)
	Mr. MacPherson gave a brief description of the proposed. He noted that in July, 2009 Council initiated a text amendment to establish Urban Gardens. He added that the issue was presented to the Planning and Zoning Commission for review. Mr. MacPherson noted Jack Wheeler, Chair of the Planning and Zoning Commission, decided to appoint an Urban Gardens Task Force to address this issue. He added Mr. Wheeler not only appointed the Task Force, but he also served as the Chair. Mr. MacPherson noted that the Planning and Zoning Commission and staff believed that in this time of economic distress, finding ways to add to local food sources was a very worthwhile project and deserved further discussion. He added that the Task Force met approximately seven times and voted unanimously to recommend their report to the Planning and Zoning Commission. Mr. MacPherson noted personal gardens were not listed in the previous ordinance, and are now as a matter of right in all zoning districts throughout the City, and are added as an accessory to a restricted use if there is a lot that doesn’t have a principal structure on it, the garden can become that structure. He added that community gardens without retail or wholesale sales are also permitted in all zoning districts, which means citizens will have the ability to establish a community garden, sell subscriptions, sell lease plots, and then members of that association would then pick up their subscriptions or work their leased plots. Mr. MacPherson noted the Director of Building Development Services will set up a performance standard that the urban gardener will have to follow. Mr. MacPherson noted that the Planning and Zoning Commission and staff recommend approval. Ms. Rushefsky expressed her support of the proposed. She asked for clarification regarding the possibility of a “swapping center” where gardeners could trade, not sell, their products. Mr. MacPherson responded that issue was not specifically addressed by the Task Force, but as a neighborhood group they would be allowed to trade their products. Mr. Compton expressed his support of the proposed and expressed his appreciation to staff for their work on this issue. He expressed concern regarding the term “gasoline-powered” equipment being used, since some equipment could be “diesel-powered”. Mr. MacPherson responded that term would not be a concern. Mr. Compton asked if portable restroom facilities would be offered. Mr. MacPherson noted restroom facilities will not be required in community gardens. Mr. Chiles expressed his support of the proposed and expressed his appreciation to staff for their work on this issue. He asked for clarification regarding how exceptions to the proposed would be reviewed. Mr. MacPherson responded any concerns would go to the Director of Building Development Services for review and possibly the issuance of a cease-and-desist order. He added if the property owners have concerns regarding the decision made by the Director of Building Development Services, they can appeal his decision to the Board of Adjustment. Mr. Chiles asked for clarification regarding the possibility of chickens being allowed within the City limits. Mr. MacPherson responded there would be possible health concerns regarding chickens. Mr. Chiles asked if produce produced in these gardens could be sold at a yard sale. Mr. MacPherson responded affirmatively. Mr. Burlison asked for clarification regarding permits being required for a personal garden on a citizen’s property. Mr. MacPherson responded no permit would be necessary for a personal/private garden on a citizens own property. Mr. Burlison asked for clarification regarding the cost of the minimal/no-cost permit. Mr. MacPherson responded the permit cost would not be more than $5. Ms. Rushefsky asked if any of the City-owned property recently placed for sale would be available for use as an urban garden. Mr. Burris responded that any properties that do not sell would be reviewed to be used as an urban garden.
	An opportunity was given for citizens to express their views. Galen Chadwick, 439 S. Delaware Avenue, spoke in support of the proposed. He noted he was a member of the Urban Gardens Task Force. Mr. Chadwick expressed his belief that the proposed is a great start and added he hopes that it can be expanded to include other environmentally friendly options. Mr. Ibarra expressed his appreciation to Mr. Chadwick for his service to the community. He asked Mr. Chadwick if there is anything included in the proposed that he does not support. Mr. Chadwick responded there are some items he would have liked to have been expanded, but that overall he is happy with the proposed. Timothy Wells, 818 W. Nichols Street, spoke in support of the proposed. Mr. Wells presented questions to staff regarding the purchase of City-owned property for gardens, as well as information regarding his landscaping business. Mr. Rognstad responded his staff will respond to Mr. Wells questions and forward a response to him and Council. With no further appearances, the public hearing was closed.
Rezoning at 1670 South Enterprise	Sponsor: Rushefsky. Council Bill 2009-268. A general ordinance amending Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 31,151 square feet of land generally located at 1670 South Enterprise, from Planned Development 41 2^nd Amendment to Planned Development District No. 332 to permit a kennel operation with overnight boarding. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Jennifer L. Fromme; 1670 S. Enterprise; Planned Development 332.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed would permit kennel operations with overnight boarding, within the amended Planned Development. He added they exist currently, but when the owner of the doggy-daycare came in to get her business licensed renewed, she was informed that the permitted use was not allowed. Mr. MacPherson noted the business owner advertised for a neighborhood meeting, but no one attended. He added that staff has not received any negative feedback, but one person spoke at the Planning and Zoning Commission meeting. Mr. MacPherson noted that person owns a business in the area and was concerned that the proposed might affect property values; however some of the uses in this area are far more intense than a doggy-daycare facility. He added that dogs boarded at this business are not allowed outside after 7:00 p.m., so there is not a noise concern. Mr. MacPherson noted 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.
	The following bills appeared on the agenda under First Reading Bills.
	Council Bill 2009-253. Substitute No. 1 was tabled and remanded to the Plans and Policies Committee for additional review.
Reducing Budget in the Amount of $1, 027, 541	Sponsor: O’Neal. Council Bill 2009-269. 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 $1,027,541 and reducing the revenue and expense appropriations in the General Fund in the same amount.
	Mr. Burris gave a brief description of the proposed. He noted the proposed is the result of the sales tax revenue being down for the first quarter of the fiscal year. He added the proposed is a budget adjustment to allow for recent budget cuts.
	An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.
Planned Development District No. 313	Sponsor: Bailes. Council Bill 2009-271. A special ordinance approving the final development plan of Planned Development District No. 313 generally located at 2245 South Blackman Road. (Planning and Zoning Commission and staff recommend approval.)
	Mr. Ibarra asked for clarification regarding what was discussed at the Planning and Zoning Commission meeting regarding the proposed. Mr. Rognstad responded that staff was not able to approve the proposed administratively due to the amount of metal that is shown on the façade. He added that when the ordinance was adopted there was some concern regarding the design including so much metal. Mr. Rognstad noted that a few of the members of the Planning and Zoning Commission were concerned that the applicant was getting leeway that another applicant may not have received. He added that staff is discussing amending the Planned Development with the owner so that this issue will not be a concern. Mr. Ibarra asked for a copy of the minutes from the Planning and Zoning Commission meeting where they discussed the proposed. Mr. Rognstad responded he would forward those minutes to Mr. Ibarra.
	The following bills appeared on the agenda under Resolutions.
	Resolutions were read and discussed after the City Manager’s report.
	The following bills appeared on the agenda under Emergency Bills.
	The following bills appeared on the agenda under Public Improvements.
Sanitary Sewer District No. 19 of Section No. 26	Sponsor: Rushefsky. Council Bill 2009-201. 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. 19 of Section No. 26, in the general vicinity of Barnes Avenue and Grandview 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.
	Mayor O'Neal noted the proposed had been tabled previously and remanded back to the Finance and Administration Committee for additional review. He added that the Finance and Administration Committee made no changes to the proposed. Mr. Burlison noted, as a member of the Finance and Administration Committee, he was disappointed that there was nothing the Committee could do to ease the financial burden for Grandview Baptist Church. He added that any leeway given to this church would have to retroactively be given to any other church, which could cause additional concerns for the City and citizens. Ms. Rushefsky expressed her appreciation to the Finance and Administration Committee for reviewing the proposed. She noted the proposed is in her zone and she hoped that a compromise could be made to assist them with this financial burden. Mr. Rush asked for clarification regarding any financing options available to this church. Mr. Thornsberry responded that the church can take full advantage of the City’s tax bill financing program, which currently offers 3.125% interest for a fifteen year loan.
	Council Bill 2009-201. Special Ordinance 25676 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Second Reading Bills.
	Amended Council Bill 2009-253 was tabled and remanded to the Plans and Policies Committee for additional review.
	UNFINISHED BUSINESS
	PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
	Carl Herd, 448 S. Main, spoke regarding the Police Fire Pension Fund Tax issue. He expressed concern that the proposed tax will not fix the issue. Mr. Herd expressed his belief that the City needs to make policy changes prior to the passage of a new sales tax. He also expressed his belief that a committee should be created to oversee the proposed tax. Ms. Rushefsky expressed her belief that Council has done everything to show that they will do everything they have promised to do in regards to the proposed tax. Mayor O'Neal noted the proposed tax is as much for the sustainability of the City as it is to “fix” the pension fund. He expressed his belief that some citizens may believe they have genuine reasons to vote no on the propose tax, but the issue will get worse if it isn’t fixed. Mayor O’Neal expressed concern regarding opponents who are distributing false information via signage and mailings. He added that Council is being held to the highest standards of accountability and accuracy, but the people who are distributing false information do not hold themselves to any standards at all. Mayor O’Neal noted that opponent signs are being found all over town in City right-of-way, which is illegal. He added that this tax is not the highest tax in the history of Springfield, as opponents have noted. Mayor O’Neal noted that the tax is not a “forever” tax and will end in five years unless there is a vote of the people to continue the tax. He asked Mr. Wichmer if the proposed tax can legally be used for anything other than the pension fund. Mr. Wichmer responded the revenues received would have to be placed into the pension fund, adding that if anyone used the funds for anything other than the pension fund that would be unlawful and they would be arrested. Mayor O’Neal asked opponents of the tax if they will accept the outcome of the vote on Tuesday, November 3, 2009, as Council will have to.
	NEW BUSINESS
	The City Manager recommended the following appointments to the Industrial Development Authority: Sheila S. Collins with term to expire October 31, 2014; and Patrick Ahlstrand with term to expire October 31, 2015.
	The Mayor recommended the appointments to the Mayor’s Commission on Human Rights: Kelly Johnson with term to expire October 1, 2011; and George Davis, Gary Thompson, and Greg Greven with terms to expire October 1, 2012.
	The Mayor recommended the following reappointments to the Mayor’s Commission on Human Rights: Carol Zablocki, Katheryne Staeger-Wilson, and Christopher Brown with terms to expire October 1, 2012.
	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.
	Council Bill 2009-271 was read and discussed under First Reading Bills.
Cooperative Transportation Planning with OTO	Sponsor: Rush. Council Bill 2009-272. A special ordinance authorizing the Mayor to enter into Memorandum of Understanding for Cooperative Transportation Planning with the Ozarks Transportation Organization, the metropolitan planning organization for the Springfield area, and its member jurisdictions.
STP-Urban Program Agreement with the MHTC	Sponsor: O’Neal. Council Bill 2009-273. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an STP-Urban Program Agreement with the Missouri Highways and Transportation Commission (MHTC) for the purpose of funding, from the MHTC, up to $285,000 for the base salaries of three (3) existing engineers and one (1) existing technician assigned to operate and manage the Transportation Management Center (TMC) for the City of Springfield and one (1) existing traffic data collector that collects traffic data for use in managing the TMC; amending the budget of the City of Springfield Department of Public Works for the fiscal year 2009-2010 in the amount of $285,000.
Intergovernmental Agreement with Republic Fire Protection Automatic Mutual Aid Assistance	Sponsor: Ibarra. Council Bill 2009-274. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an intergovernmental agreement with the City of Republic, Missouri, for the purpose of providing fire protection automatic mutual aid and assistance.
Intergovernmental Agreement with Willard Fire Protection Dist.	Sponsor: Ibarra. Council Bill 2009-275. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an intergovernmental agreement with Willard, Missouri Fire Protection District, for the purpose of providing fire protection automatic mutual aid and assistance.
Sobriety Checkpoint Grant	Sponsor: Rushefsky. Council Bill 2009-276. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to accept additional grant funds in the amount of $5,000.00 from the Missouri Department of Transportation, Division of Highway Safety (MODOT), sobriety checkpoint grant, for the purpose of funding the acquisition of a covered cargo trailer for storage and transportation of sobriety checkpoint equipment; and amending the 2009-2010 budget for the City of Springfield, Missouri Police Department.
	The following bills appeared on the agenda under Consent Agenda – One Reading Bills.
Sanitary Sewer District No. 67 of Section No. 7	Sponsor: Compton. Council Bill 2009-277. 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. 67 of Section No. 7, in the general vicinity of Kansas Avenue and Mount Vernon 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 2009-277. Special Ordinance 25677 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Sanitary Sewer District No. 227 of Section No. 6	Sponsor: Rushefsky. Council Bill 2009-278. 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. 227 of Section No. 6, in the general vicinity of Howard Avenue at Smith 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 2009-278. Special Ordinance 25678 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	The following bills appeared on the agenda under Consent Agenda – Second 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.)
	Council Bill 2009-256. Special Ordinance 25679 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
MDNR Contract of Obligation regarding the Sanitary Landfill	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.
	Council Bill 2009-257. Special Ordinance 25680 was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
Closed Session	Councilman Burlison moved City Council will hold a closed meeting to discuss legal actions, causes of action or litigation involving a public governmental body, and any privileged and confidential communications, pursuant to Section 610.021 (1), RSMO. 2006; and this meeting, record, and vote be closed and the City Council shall stand adjourned at the end of the closed session. Councilman Chiles seconded the motion and it was approved by the following vote: Ayes: Stephens, Compton, Ibarra, Rushefsky, Rush, Burlison, Chiles, and O’Neal. Nays: None. Abstain: None. Absent: Bailes.
	Brenda Cirtin, MMC/MPCC
10/26/09 lh	City Clerk