August 24, 2009

Springfield, Missouri

	The City Council met in regular session August 24, 2009 in the Council Chambers at City Hall. The meeting was called to order by Mayor James O’Neal. A prayer was given by Jerry Compton.
Roll Call	Present: Cindy Rushefsky, John Rush, Doug Burlison, Dan Chiles, Robert Stephens, Scott Bailes, Jerome Compton, Nicholas Ibarra, and James E. O’Neal.
Minutes	The minutes of August 5, 2009, August 10, 2009, and August 13, 2009 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as amended. Brenda Cirtin, City Clerk, informed Council that a request had been received to remove Council Bill 2009-218 from Consent Agenda First Reading Bills. Ms. Cirtin informed Council that Council Bill 2009-218 would become item #9.5 under First Reading Bills. Nicholas Ibarra requested Council Bill 2009-215 be removed from Consent Agenda First Reading Bills. Ms. Cirtin informed Council that Council Bill 2009-215 would become item # 9.6 under First Reading Bills. Dan Chiles requested Council Bill 2009-219 be removed from Consent Agenda First Reading Bills. Ms. Cirtin informed Council that Council Bill 2009-219 would become item # 9.7 under First Reading Bills.
	CEREMONIAL MATTERS
	RESPONSES TO QUESTIONS RAISED AT THE AUGUST 5, 2009, AUGUST 10, 2009, and AUGUST 13, 2009 COUNCIL MEETINGS AND CITY MANAGER’S REPORT.
Manager’s Report	Greg Burris, City Manager, responded that all questions had been answered. He noted that City Council meetings will now start at 6:30 p.m. Mr. Burris noted that new City walking maps are available on www.springfieldmo.gov. He added that Earl Newman, Assistant Director of Public Works, was involved in a press conference regarding the Safe Kids Program. Collin Quigley, Assistant City Manager, presented Council with a report regarding the budget update for this month. Mr. Burris expressed his appreciation to the Finance Department for their assistance in keeping Council and City staff informed regarding any budget updates. Mr. Burris noted the City is currently working on a campaign to heighten awareness of “best practices” in regards to the upcoming influenza season. He added that citizens will not only need to receive seasonal influenza vaccinations, but will also need to receive vaccinations for the H1N1 strain. Mr. Burris expressed his appreciation to all employees who participated in the recent United Way Day of Caring project. He noted that approximately 150 City employees participated, adding that employee participation is lower than it has been in recent years due to the current hiring freeze and employee shortage. Mr. Burris presented Council with a report regarding the request received from Grandview Baptist Church at the August 10, 2009 Council meeting. He requested a response from Council regarding how to proceed. Partner Progress Update Mayor O'Neal expressed his appreciation to all employees who participated in the United Way Day of Caring last Thursday. He added that a new initiative was announced during the United Way Day of Caring hosted by the United Way of the Ozarks that will lay the groundwork to make 2010 the Year of Caring in the Springfield/Greene County region. Mayor O’Neal noted the United Way responded to his call-for-action for volunteers to help weather the storm of the current economic downturn. He added the goal is to create a volunteer clearinghouse for Springfield and Greene County using a software based system, in which agencies that need volunteers and individuals or groups interested in volunteering could register and would be available for any organization in the area to use. Mayor O’Neal noted the Councilman John Rush has been working closely with him to assist with this project. He added that the day after the announcement he and Mr. Rush met with approximately 30 agencies to start establishing how this system could be most effective for everyone involved.
	The following bills appeared on the agenda under Public Hearing Bills.
	The following bills appeared on the agenda under First Reading Bills.
	Mr. Rush moved to amend Council Bill 2009-208 by adding to line 1after the number 58, the number 66. And adding line 9 after the word requirements, Chapter 66. And further by adding a new section 4 to said bill adding Chapter 66-71 of the City Code showing the deletion of the phrase “qualified voters of the city” from 66-71 and further renumbering the existing sections 5, 6, 7, 8, 9, and 10 of this Council Bill now to be numbered sections 8, 9, and 10. Doug Burlison seconded the motion and it was approved.
Amending City Code	Sponsor: O’Neal. Council Bill 2009-208. A general ordinance amending Chapters 10, 58, 70, 74 and 78 of the Springfield City Code by repealing certain sections in their entirety and revising certain sections that are antiquated or in conflict with state or federal law. City Code sections repealed in their entirety includes Chapter 10 Alcoholic Beverages, Article 1. In General, Section 10-9. Registration of Kegs; Chapter 58 Health and Sanitation, Article 1. In General, Section 58-3. Protection of children from tobacco advertising, and Article IV. Medical Care for Indigents, Sections 58-231 to 58-239, and Article VII. Pool Health Standards, Section 58-353. Registration requirements; Chapter 70 Licenses, Permits, and Miscellaneous Business Regulations, Article IX. Private Detectives and Security Guards, Sections 70-381 to 70-400, and Article XII. Liquidation Sales, Sections 70-511 to 70-521; Chapter 74 Nuisance and Housing Code, Article V. Apartment Safety, Section 74-293. Inspections; Chapter 78, Offenses and Miscellaneous Provisions, Article V. Offenses against Morals, Section 78-224. Solicitation by homosexuals. City code sections revised include Chapter 10 Alcoholic Beverages, Article 1. In General, Section 10-1.A. Definitions relating to this chapter, Section 10-8 (a). Open containers of alcoholic beverages in motor vehicles, Definitions. Section 10-35. Licensing of premises not used for retail sale of alcoholic beverages within past 12 months, Section 10-39. Failure to renew license.
	Dan Wichmer, City Attorney, gave a brief description of the proposed. He noted the proposed is a “clean-up” bill written to amend several sections of the code that are pre-empted by Federal or State law, or that contain ordinances that are not legal. Mr. Wichmer noted the amendment would allow for school-crossing guards to not be City residents.
	Ms. Rushefsky asked for clarification regarding the proposed amendments to Chapter 10. Mr. Wichmer responded the keg registration program was eliminated several years ago; the non-intoxicating alcohol amendment is due to the fact that State law preempts our ordinance; and the tobacco advertising was preempted by the tobacco settlements and Federal law.
	An opportunity was give for citizens to express their views. With no appearances the discussion was closed.
Amending Chapter 10 – Alcoholic Beverages	Sponsor: O’Neal. Council Bill 2009-209. A general ordinance amending Chapter 10, Alcoholic Beverages, Article II, Licenses of the Springfield City Code by enacting one new section to create a limited license allowing establishments that currently hold a Springfield City liquor license for 3.2% domestic beer sales to obtain a Springfield City liquor license for the sale of 5% domestic beer only.
	Mr. Wichmer gave a brief description of the proposed. He noted that the proposed would finish the deletion of the 3.2% beer sale license within the City. He added that a law will be enacted on August 20, 2009 by the State of Missouri that states 3.2% beer does not exist. The law states alcohol is either non-intoxicating, which is below .05%, or it’s intoxicating alcohol, which is above .05%. Mr. Wichmer noted that the proposed would make the City Code consistent with this new law. He added that five businesses will be “grand-fathered” in to allow them to continue to do business as they have in the past.
	An opportunity was give for citizens to express their views. With no appearances the discussion was closed.
Multi-Jurisdictional Cyber Crime Grant/Justice Assistance Grant	Sponsor: Burlison. Council Bill 2009-218. A special ordinance authorizing the City Manager, or his designee, to apply for and accept a grant of funds from the American Recovery and Reinvestment Act, Multi-Jurisdictional Cyber Crime Grant (MJCCG)/Justice Assistance Grant (JAG) program, and the Missouri Department of Public Safety for law enforcement purposes; to enter into a Memorandum of Understanding with Greene County, Missouri, to create a Task Force and to share the funding; to amend the budget provided for the Police Department of the City of Springfield, Missouri, for fiscal year 2009 - 2010, in the amount of $82,323.02.
	Mr. Ibarra noted he requested this bill be removed from the Consent Agenda so it could be individually voted on.
	An opportunity was give for citizens to express their views. With no appearances the discussion was closed.
National Avenue and Seminole Street Intersection Improvement Project (9PW6198)	Sponsor: Bailes. Council Bill 2009-215. A special ordinance declaring the necessity of condemning right(s)-of-way over, under, and through the properties herein described for the purpose of constructing and maintaining a public street, and for the relocation, construction, maintenance, and operation of gas, water, electric, telephone, fiber optic, and communication utilities, including necessary fixtures and appurtenances for the National Avenue & Seminole Street Intersection Improvement Project (9PW6198).
	Steve Meyer, Public Works, gave a brief description of the proposed. He noted the proposed is an intersection improvement at National Avenue and Seminole Street. He added the proposed will widen the intersection and provide turn-lanes for easier access. Mr. Meyer noted that seventeen right-of-way easements are needed and fourteen have been successfully negotiated. He added that the two three that remain are owned by two individuals. One of the individuals felt that the street would be too close to the houses in question; the other individual believed the improvements would delete too much of the green space.
	Mr. Ibarra asked if the proposed would allow the remaining three right-of-ways to be taken by force. Mr. Meyer responded affirmatively. Mr. Ibarra moved to table the proposed for additional review. Mr. Burlison seconded the motion and it was approved.
Repealing Section 2-8	Sponsor: O’Neal. Council Bill 2009-219. A general ordinance amending Chapter 2 of the Springfield City Code, Administration, Article I, by repealing Section 2-8, pertaining to disclosure of certain transactions by certain City employees, candidates for elected City office, and public officials, and enacting in lieu thereof a new Section 2-8.
	Mr. Wichmer gave a brief description of the proposed. He noted the proposed is the bi-annual ethics codification from the State of Missouri. He added the City is required to re-pledge the City’s commitment to obey the Missouri Ethics rules.
	Mr. Burlison asked if the proposed includes the exact same language that it did when renewed two years ago. Mr. Wichmer responded affirmatively adding that the proposed has to be renewed every two years.
	An opportunity was give for citizens to express their views. With no appearances the discussion was closed.
	The following bills appeared on the agenda under Resolutions.
Draft Administrative Memo 5B	Sponsor: Chiles, Compton, Burlison, and Rush. A resolution approving the concept set out in Draft Administrative Memorandum 5B. (The Finance and Administration Committee and City Staff recommend approval.)
	Evelyn Honea, Deputy City Manager, gave a brief description of the proposed. She noted the City owns approximately 900 properties and these were all researched by City staff to determine which were eligible for sale. She expressed her appreciation to all staff that contributed to the proposed. Ms. Honea noted that 64 properties were determined to be eligible for sale. She added the next phase of the project would be to sell the properties, but many, if not all, of the properties have special circumstances attached, such as restrictions or covenants that protect City projects, adjacent properties, or limitations because of size or location. Ms. Honea noted that due to the aforementioned circumstances the value may be reduced for a potential buyer. She added the Finance and Administration Committee recommended the proposed and referred it to Council. Ms. Honea noted most of the properties available for sale were not purchased with funds from the general fund and any proceeds will have to be returned to whatever fund the property was purchased from. She added staff hopes to return at least $100,000 to the general fund from the sale of a few of these properties. Ms. Honea noted anyone interested in acquiring any of these properties should contact the city at city@springfieldmo.gov or call (417) 864-1010.
	Mr. Ibarra asked for clarification regarding the explanation sheet. Ms. Honea noted the proposed would allow the properties to be donated to organizations, such as Habitat for Humanity or Ozarks Area Community Action Corporation (OACAC), if they could not be sold. She added not only would this add the property back to the tax rolls it would also help to allow for affordable housing in Springfield.
	Ms. Rushefsky asked for clarification regarding the possibility of allowing non-profit organizations, neighborhood organizations, or even individuals to use some of these properties for urban gardens. Ms. Honea responded that she has a list of possible properties that could be used for a community garden effort. She added that the Parks Department is piloting a project this fall at the Rutledge Wilson Farm that will be studied to create policies for the use of these properties for community gardens in the future.
	Mr. Rush asked staff to provide Council with all memo’s regarding the upcoming program at Rutledge Wilson Farm Park.
	An opportunity was given for citizens to express their views. With no appearances the discussion was closed.
	Council Bill 2009-210. Resolution 9711 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
Storage Container Administrative Delay Extension	Sponsor: Rushefsky, Ibarra, Rush, and Stephens. Council Bill 2009- 211. A resolution extending the existing administrative delay with respect to the construction, placement, location, and relocation of on-site storage trailers, storage containers, and temporary storage units as established in Resolution No. 9401 and extended in Resolution No. 9447, Resolution No. 9479, Resolution No. 9518, Resolution No. 9564 and Resolution No. 9615 for an additional year to expire on September 10, 2010, pending completion of amendments to Article I, Zoning, of the Springfield Land Development Code. (Staff and the Community Involvement Committee recommend approval.)
	Mr. Burris gave a brief description of the proposed. He noted the proposed Administrative Delay has been previously extended five times. He added the proposed would allow the new Councilmember’s on the Community Involvement Committee one year to review this issue and present their recommendations to Council.
	An opportunity was given for citizens to express their views. With no appearances the discussion was closed.
	Council Bill 2009-211. Resolution 9712 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
	The following bills appeared on the agenda under Emergency Bills.
Level Property Tax Fund	Sponsor: Ibarra. Council Bill 2009-212. A special ordinance authorizing the City Manager on behalf of the City of Springfield, Missouri, to accept the proceeds from the sale of certain real estate to Missouri State University, amending the budget for the Department of Planning and Development in the amount of $324,000 and $126,000 in the Level Property Tax Fund of the City of Springfield, Missouri for the fiscal year 2009-2010, and declaring an emergency.
	Mary Lilly Smith, Director of Economic Development, gave a brief description of the proposed. She noted the proposed would amend the budget to accept $450,000 from Missouri State University (MSU) for the sale of five properties to them to expand Jordan Valley Innovation Center and the Idea Commons. She added the City originally purchased these properties for redevelopment purposes in the Jordan Valley area. Ms. Smith noted that in October, 2008 Council passed a resolution approving the conveyance of these properties for $450,000 to MSU; the proposed simply amends the budget to accept these monies. She added the sale of these properties should close in approximately two weeks.
	Mr. Ibarra asked if the City was losing money in the sale of this property. Ms. Smith responded the City would not recoup all of the money spent on the proposed property. She added that approximately $150,000 would not be recouped. Mayor O’Neal asked where the funds were obtained to originally purchase the property. Ms. Smith responded all but $126,000 were Federal grants. She added there is no loss of local funds.
	Mr. Chiles asked if the cost of demolition, which MSU will now be responsible for, would offset the monies not recouped. Ms. Smith responded affirmatively.
	Council Bill 2009-212. Special Ordinance 25640 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, and O’Neal. Nays: Ibarra. Abstain: None. Absent: None.
Amending SO 25608 and SO 25609	Sponsor: O’Neal. Council Bill 2009-213. A special ordinance amending Special Ordinance number 25608 and Special Ordinance number 25609 passed by City Council on June 15, 2009, to reflect the final determination of the assessor of the assessed valuation by levying a tax on real and personal property for current expenses and debt retirement of the City of Springfield, Missouri, its boards and agencies, for the fiscal year 2009-2010, and declaring an emergency.
	Mary Mannix-Decker, Director of Finance, gave a brief description of the proposed. She noted the proposed would set the property tax levy that will be sent out on the property tax bills in November, 2009. She added the City Charter requires the setting of a preliminary levy when the budget is developed, which was done on June 15, 2009 with an estimate of the assessed values and the assessed levy. Ms. Mannix-Decker noted that for the budget staff didn’t project any sort of increase in assessed value, because of the current condition of property values. She added that within the last few weeks the final assessed value has been received from the Greene County Clerk and the maximum authorized levies from the State Auditor’s office. Ms. Mannix-Decker noted the City’s assessed valuation is $2,539,834,000 which includes an increase of approximately $75,000,000 over last year. She added that by State law the City’s increase in revenue related to property tax is limited to the lesser amount of the increase in assessed value. Ms. Mannix-Decker noted the total levy that the State Auditor has authorized for the City of Springfield is .6016, which compares to a levy last year of .6072.
	Mr. Burlison asked why the information is not received from the Greene County Clerk sooner so that these bills do not have to be adopted as emergency bills. Ms. Mannix-Decker responded the process includes a massive accumulation of data and the information really can’t be acquired any quicker.
	Council Bill 2009-213. Special Ordinance 25641 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
Mayor’s Commission for Children Award of Funds	Sponsor: Rushefsky. Council Bill 2009-214. A special ordinance authorizing an amendment of the budget provided for the Mayor’s Commission for Children of the City of Springfield, Missouri, for fiscal year 2009-2010, in the amount of $571,000.00, to reflect and award of funds received from the United States Department of Education, Office of Innovation and Improvement, for the Ready to Learn Project; and declaring an emergency.
	Mr. Burris gave a brief description of the proposed. He noted the proposed will allow for the acceptance of a grant from the United States Department of Education in the amount of $571,000 for the Ready to Learn Project.
	Mr. Burlison asked for clarification regarding how this will affect the budget for the Mayor’s Commission for Children. Mr. Burris noted the proposed grant was included in the budget presented to Council.
	Council Bill 2009-214. Special Ordinance 25642 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
	The following bills appeared on the agenda under Public Improvements.
	The following bills appeared on the agenda under Second Reading Bills.
Amending Consolidated Plan	Sponsor: Ibarra. Council Bill 2009-194. A special ordinance amending the Consolidated Plan adopted by Special Ordinance No. 24759 (as amended), the City’s Action Plan for 2008-2009, and the program Rules and Regulations of the Small Business Development Loan Program to allow loans when the structure involved in the project will meet the national objective of spot blight and slum removal. (Planning staff recommends approval.)
	Council Bill 2009-194. Special Ordinance 25643 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
Solid Waste Transfer Station Permit	Sponsor: O’Neal. Council Bill 2009-195. A general ordinance amending Article I, Springfield Land Development Code, Division II, Section 2-1100 and Division IV, Section 4-4303 to add a definition of a solid waste transfer station and to provide for a use permit for all transfer stations in the HM-Heavy Manufacturing Zoning District. (Both the Planning and Zoning Commission and staff recommend approval.)
	Council Bill 2009-195. General Ordinance 5834 was approved by the following vote: Ayes: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
	Council Bill 2009-206 and Council Bill 2009-207 were and discussed simultaneously.
Police Fire Pension Fund - 5/8 Cent Tax	Sponsor: City Council. Council Bill 2009-206. A special ordinance calling an election on November 3, 2009 in the City of Springfield, Missouri, to submit to the qualified voters a question as to whether or not to institute a five-eights cent sales tax (5/8 cent) on retail sales within the City of Springfield, Missouri, for the purpose of providing revenues for the Springfield Police Officers’ and Firefighters’ Pension System, providing for a repeal election on the tax at the earlier of either the end of five years from the date of commencement of the tax or the Pension Fund reaching a fully-funded status, and declaring an emergency.
Police Fire Pension Fund – 3/4 Cent Tax	Sponsor: City Council. Council Bill 2009-207. A special ordinance calling an election on November 3, 2009 in the City of Springfield, Missouri, to submit to the qualified voters a question as to whether or not to institute a three-fourths cent sales tax (3/4 cent) on retail sales within the City of Springfield, Missouri, for the purpose of providing revenues for the Springfield Police Officers’ and Firefighters Pension System, providing for a repeal election on the tax at the earlier of either the end of five years from the date of commencement of the tax or the Pension Fund reaching a fully-funded status, and declaring an emergency.
	The public hearing of Thursday, August 13, 2009 was continued with citizens being given the opportunity to express their views.
	The following citizens spoke in opposition of Council Bill 2009-206 and Council Bill 2009-207: Fred Ellison, 1315 N. Broadway; Jim Hornaday, 4470 S. Park Avenue; Gladys Dugger, 3904 S. Gatlin Court; Almicar Herrera, 1225 N. West; and John Reed, 3126 E. Valley Water Mill Road. They expressed concern regarding the addition of a new tax with the current condition of the economy and the possibility of increases in City Utilities’ rates. They also expressed concern that the original issue that caused this problem has not been identified or “fixed”.
	Mr. Ellison expressed concern that the wording in the proposed bills had been changed since the previous public hearing. Ms. Cirtin responded that the wording had not been changed.
	Mr. Burlison noted that ballot language is restricted by State law and the proposed bills reflect the language the law allows.
	Mr. Wichmer noted the ballot language is set forth in 94-579 of State law. He added the sunset was included to allow for the discontinuation of the tax if it were to become fully-funded prior to five years.
	The following citizens spoke in support of the proposed bills: Lloyd Young, 3546 S. Kings Avenue; Shawn Martin, 5486 S. Clay; and Jerry Harmison, member of the Police Fire Pension Citizens Task Force. They expressed their concern that if a tax is not implemented the City will no longer exist as it previously has. They also expressed their belief that a sales tax is the only way to “fix” the current Police Fire Pension issue.
	Mr. Burlison expressed appreciation to all members of the Police Fire Pension Citizens Task Force for their work on the proposed bills.
	Ms. Cirtin informed Council that a citizen had asked to speak after the reading of the proposed bills. She informed Council that the rules would have to be suspended in order to allow this citizen to provide public comment. Mr. Chiles expressed his belief that all citizens should be able to speak prior to Council voting on the proposed bills. Mr. Burlison moved to suspend the rules to allow for public comment for those who did not sign up to speak prior to the reading of the proposed bills. Mr. Ibarra seconded the motion and it was approved by the following vote: Ayes: Rushefsky, Burlison, Chiles, Stephens, Bailes, Compton, Ibarra, and O’Neal. Nays: Rush.
	Mark Davis, 4114 S. Eastmoor, spoke in support of Council Bill 2009-206. He expressed his belief that citizens need to be more involved in the community and present their concerns to Council before issues like this arise. Mr. Davis expressed concern that citizens were not educated, but instead were presented with “scare-tactics” when this issue was on the ballot in February, 2009.
	With no further appearances, the public hearing was closed on both bills.
	Mr. Ibarra expressed his support of Council Bill 2009-206. He expressed his belief that in order to keep the City safe a tax has to be implemented. Mr. Ibarra expressed his belief that the City’s infrastructure, health programs, community safety, and the City as a whole is on hold until this issue is resolved and a tax is the only way to resolve it.
	Mr. Bailes expressed his support of Council Bill 2009-206. He noted he is frustrated that the cause of the problem can’t be pinpointed, but added he feels the bottom line is to maintain the safety of the City this issue has to be “fixed” now. Mr. Bailes noted that due to current economic conditions nobody wants to implement a new tax, but a new tax is the only way to solve this problem.
	Ms. Rushefsky expressed her support of Council Bill 2009-207. She noted that everyone is looking for a “smoking-gun” regarding what caused this problem, but that will not be found. She expressed her belief that for years everyone was just looking for the easy answer; what would help the current situation; no one looked into the future and what would be needed then. She expressed her concern that the ¾-cent tax may not solve the problem either, but added that she feels it is the better choice. Ms. Rushefsky noted that to ensure the safety of the City the Police Officers and Firefighters need to be taken care of, or they will leave and go to other cities where they will receive the benefits they are promised. She expressed her belief that if this problem isn’t fixed Springfield won’t be the same city it has always been.
	Mr. Chiles expressed his support of Council Bill 2009-207. He expressed his belief that the ¾-cent tax will solve the problem, and will solve it in a quicker fashion. Mr. Chiles expressed his appreciation to the Police Fire Pension Fund Citizens Task Force for giving up their summer to help solve this problem. He expressed his belief that Police Officers and Firefighters are in high demand and the City should do whatever is necessary to keep the current employees and to bring in new employees. Mr. Chiles noted the City swells to nearly double its size during the day and these citizens need to know they will be safe when coming into Springfield to shop, eat, or work.
	Mr. Burlison expressed his support of Council Bill 2009-207. He expressed concern that the 5/8-cent tax will not solve the problem in five years or long term. Mr. Burlison expressed his belief that for the safety of citizens a tax has to be implemented. He added that this problem is not just in Springfield, but is an epidemic throughout the Country. Mr. Burlison noted that other communities have increased property taxes and earnings taxes to solve their funding issues. He added that citizens don’t have to shop in Springfield and pay the tax if they are against it; he noted he does not recommend this option, but it is available. Mr. Burlison expressed his belief that this issue needs to be solved and not passed on to future generations.
	Mr. Rush expressed his support of Council Bill 2009-207. He noted that no one knows what the future will hold, but he feels that the ¾-cent tax is the best option to solve the issue. Mr. Rush expressed his belief that if citizens don’t bond together to solve this problem, the lights in the City of Springfield will go out and the City will never be the same. He added that many citizens didn’t notice the reduction in Police Officers and Firefighters, but there is a limit of what can be expected from these men and women. Mr. Rush noted response time will increase if this problem isn’t solved. He also expressed his belief that Council will be reviewing this issue again in five years, but something has to be done to sustain the City for those five years.
	Mr. Compton expressed his support of Council Bill 2009-207. He expressed his appreciation to the members of the Police Fire Pension Citizens Task Force for giving up their time to help solve this problem. Mr. Compton expressed his belief that the budget has been cut as much as it can be, and this problem needs to be solved immediately. He added that Police and Fire employees do not participate in Social Security and their pension is usually their only retirement. Mr. Compton noted that the current pension fund issue is making it hard to recruit valuable employees.
	Mr. Stephens expressed his support of Council Bill 2009-207. He expressed his belief that the 5/8-cent tax will not solve the problem, adding that the ¾-cent tax will either fix the problem or come very close to fixing it. Mr. Stephens also expressed his belief that this problem does not need to be passed down to future Council’s or citizens.
	Mayor O'Neal expressed his support of Council Bill 2009-207. He expressed his belief that the 5/8-cent tax will not “fix” the problem. Mayor O’Neal expressed his appreciation to the Police Fire Pension Fund Citizen’s Task Force for their work on the proposed recommendations, but expressed his belief that if they were to reconvene they would not have recommended the 5/8-cent tax.
	With no further comments by Council, Council Bill 2009-206 failed by the following vote: Ayes: Ibarra and Bailes. Nays: Rushefsky, Rush, Burlison, Stephens, Chiles, Compton, and O’Neal. Abstain: None. Absent: None.
	Mr. Bailes noted that the projections show that a 5/8 cent tax will generate $24 million per year to be directed to the pension fund deficit. He added that the 3/4 cent tax is projected to generate $28 million per year, which would be a difference of $20 million in five years.
	Mayor O'Neal expressed his support for Council Bill 2009-207. He noted the Police Fire Pension Fund Citizens Task Force has met all summer to review this problem. He added that none of the Task Force recommendations have been ignored or precluded. Mayor O’Neal noted the issue of the City’s contribution being changed from 35% to 30% was neither scientific nor analyzed at all, but was recommended by a member of the Task Force. He noted that the decision for 30% or 35% can be decided at a later time after additional review and discussion. Mayor O’Neal expressed his belief that the pension fund needs to be closed with Tier II employees being moved to the LAGERS program. He added the fund will need to be adequately funded to solve this problem. Mayor O’Neal responded to concerns about what caused this problem. He noted that when the City decided to own its own pension fund in 1947 the problem began, because the City as well as Police and Fire Representatives were never able to resist the temptation to negotiate wages and benefits. He added that if all employees were placed in LAGERS the State would be in charge of the pension.
	Council Bill 2009-207. Special Ordinance 25644 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Bailes, Chiles, Compton, and O’Neal. Nays: Ibarra. Abstain: None. Absent: None.
	UNFINISHED BUSINESS
	PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
	NEW BUSINESS
	Financial Statements for July 2009.
	The following bills appeared on the agenda under Consent Agenda – First Reading Bills.
	Council Bill 2009-215 was moved to First Reading Bills.
Agreement with MHTC for Improvements to Route 13	Sponsor: Ibarra. Council Bill 2009-216. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into a Supplemental Cost Apportionment Agreement with the Missouri Highways and Transportation Commission (“MHTC”) to coordinate participation by the City in the cost of the Commission’s Project No. J8P0841 relating to improvements to Route 13 (Kansas Expressway) between Norton Road & Evergreen Street.
Disability Navigator Program	Sponsor: Chiles. Council Bill 2009-217. A special ordinance authorizing the City Manager, or his designee, to accept a grant from the State of Missouri, Department of Economic Development, Division of Workforce Development, for the receipt and use of 2009-2010 Disability Navigator Program funds in the amount of $24,929.00, and Incentive Program funds in the amount of $10,000.00; to amend the budget of the Department of Workforce Development of the City of Springfield, Missouri, for fiscal year 2009-2010, in the amount of $34,929.00.
	Council Bill 2009-218 was moved to First Reading Bills for discussion.
	Council Bill 2009-219 was moved to First Reading Bills for discussion.
Barnes-Blaine Development	Sponsor: Rushefsky. Council Bill 2009-220. 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 Barnes-Blaine Development generally located at 1820 North Barnes 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.)
Springfield Plaza	Sponsor: Compton. Council Bill 2009-221. 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 SPRINGFIELD PLAZA, generally located at 3800 West Sunshine 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.)
	The following bills appeared on the agenda under Consent Agenda – One Reading Bills.
Sanitary Sewer District No. 54 of Section No. 18	Sponsor: Ibarra. Council Bill 2009-222. 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. 54 of Section No. 18, in the general vicinity of Smith Street, west of Kansas Expressway, 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 2009-222. Special Ordinance 25645 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
	The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.
South Ravine Phase I	Sponsor: O’Neal. Council Bill 2009-197. A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department for fiscal year 2009-2010 in the amount of $1,340,000.00 to appropriate retained earnings of the Solid Waste Fund for the construction of the South Ravine Phase I solid waste disposal unit at the City’s sanitary landfill.
	Council Bill 2009-197. Special Ordinance 25646 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
Noble Hill Landfill	Sponsor: O’Neal. Council Bill 2009-198. A special ordinance amending the budget for the City of Springfield, Missouri, Public Works Department for fiscal year 2009-2010 in the amount of $1,980,000.00 to appropriate retained earnings of the Solid Waste Fund for the construction of a forcemain from the Noble Hill Landfill to the Northwest Wastewater Treatment Plant.
	Council Bill 2009-198. Special Ordinance 25647 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
Fossomatic Milk Testing Machine	Sponsor: O’Neal. Council Bill 2009-200. A special ordinance authorizing the City Manager, or his designee, to enter into and accept a capital lease financing agreement to replace the Fossomatic milk testing machine at the Springfield-Greene County Health Department (SGCHD); amending the budget provided for the SGCHD of the City of Springfield, Missouri, for Fiscal Year 2009-2010 in the amount of $12,035.10; and to do all things necessary to carry out the capital lease financing agreement, including the execution of contracts.
	Council Bill 2009-200. Special Ordinance 25648 was approved by the following vote: Ayes: Rushefsky, Rush, Burlison, Stephens, Chiles, Bailes, Compton, Ibarra, and O’Neal. Nays: None. Abstain: None. Absent: None.
	Council confirmed the following appointment to the Board of Adjustment: Rob Simon with term to expire January 1, 2011.
	Council confirmed the following reappointment to the Board of Adjustment: James E. Turner with term to expire January 1, 2014.
	Council confirmed the following appointments to the Art Museum Board: Judith Noble Fowler and Donald R. Cooley with terms to expire June 1, 2012.
	Council confirmed the following reappointment to the Art Museum Board: Brian King with term to expire June 1, 2012.
	With no further business to come before the Council the meeting was adjourned at approximately 9:00 p.m.
	Brenda Cirtin, MMC/MPCC
08/24/09 lh	City Clerk