November 29, 2010

Springfield, Missouri

 

 

The City Council met in regular session November 29, 2010 in the Council Chambers at City Hall.  The meeting was called to order by Mayor James O’Neal.  A prayer was given by Nicholas Ibarra.

 

 

Roll Call 

Present: Nicholas Ibarra, Cindy Rushefsky, John Rush, Doug Burlison, Dan Chiles, Bob Stephens, Scott Bailes, Jerry Compton, and James O’Neal.  Absent: None.

 

 

Minutes 

The minutes of November 15, 2010 and Closed Session - November 15, 2010 were approved as presented. 

 

 

Consent Agenda

 

The Consent Agendas were finalized and approved as presented.

 

CEREMONIAL MATTERS     

 

 

Swearing-In

Brenda Cirtin, City Clerk, swore in Laurel Bryant to serve as a member of the Landmarks Board.

 

 

 

RESPONSES TO QUESTIONS RAISED AT THE NOVEMBER 15, 2010 COUNCIL MEETINGS AND CITY MANAGER’S REPORT.

 

 

 

Greg Burris, City Manager, responded all questions had been answered.  Mr. Burris congratulated the Springfield-Greene County Park Board on the record breaking annual Turkey Trot.  He added more than 7,100 people ran in the 16th annual Thanksgiving day race.  Mr. Burris noted a group of men and women serving in the Springfield based Missouri Army National Guard 1107 Aviation Group also ran the race while stationed in Kuwait.  He added, due to the time difference, they finished the race nine hours prior to the 8 a.m. start time in Springfield.  Mr. Burris noted tomorrow is the HUD application deadline for the developer of the Heer’s building.  He assured Council that the City does not own the Heer’s building and the City often deals with developers who do not currently own property included in their development.  Mr. Burris noted if the deal with the current developer does not go through as planned the City is not obligated financially.  He added staff will report back to Council with any further details about this development.  Mr. Burris updated Council on a development related to the refunding of the 1998 and 2000 Jordan Valley Park bonds that were discussed at the previous Council meeting.  He added the purpose of the Council action at that meeting was to take advantage of low interest rates and save money in the general fund.  Mr. Burris noted staff recommends this refunding be delayed until sometime in 2011 due to a volatile municipal bond market and the over-supply of tax exempt bonds currently on the market.  He added the initial savings estimate has been reduced and therefore staff recommends not refunding the bonds at this time.  Mr. Burris noted that Council Bill 2010-292 was passed on November 15, 2010.  He added that since the bonds are not being refunded at this time, the aforementioned ordinance is now void.

 

Steve Meyer, Interim Co-Director of Public Works, expressed his appreciation to Kelly Greene and Scott Foley for their assistance in a traffic accident on November 10, 2010.  He noted that Mr. Green and Mr. Foley stopped and pulled a gentleman from a vehicle involved in the accident and applied pressure to his wound until the EMS (Emergency Medical Services) arrived.  He added that if Mr. Green and Mr. Foley hadn’t helped this gentleman he may not have survived the accident.  Mr. Meyer thanked Mr. Green and Mr. Foley for their continued dedication to the citizens of Springfield.

 

 

 

The following bills appeared on the agenda under Public Hearing:

 

 

Certification of Remnant Tracts as Tracts of Record

Sponsor: Compton.  Council Bill 2010-299. A general ordinance amending the Springfield Land Development Code, Article II, Subdivision Regulations, by amending Section 203 – Administrative Subdivisions, to allow for certification of remnant tracts as tracts of record. (Planning and Zoning Commission and Planning staff recommend approval).

 

 

 

Mike MacPherson, Planning Department, gave a brief description of the proposed.  He presented Council with an example of what the proposed will look like, when developed.  He noted under the existing regulations the only remedy for certifying remnant tracts is through the major sub-division process, which requires a significant amount of time and expense.  He added the Development Issues Input Group (DIIG) requested staff to explore possibilities for the certification of these remnant tracts through the administrative process.  Mr. MacPherson noted after meeting with the design group and legal staff, staff proposed if the parcel had at one time been part of a preliminary plat, which would mean that it had been through a public hearing, and if it met certain criteria perhaps it could be administratively approved and certified as a lot of a record and thereby be developed.  He 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.

 

 

Rezoning: 4109 S. National Avenue

Sponsor: Bailes.  Council Bill 2010-300. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.4 acres, generally located at 4109 S. National Avenue, from PD-Planned Development 12, 8th Amendment, to GR-General Retail District. (Both Planning and Zoning Commission and staff recommend approval.)  (By:  Pasta Holding Company, LLC; 4109 S. National Avenue; Z-19-2010.)

 

 

 

Mr. MacPherson gave a brief description of the proposed.  He noted the applicant for the proposed is acquiring excess right-of-way from the Missouri Department of Transportation (MoDOT) and the City.  He added the applicant is requesting the rezoning to remove a fifty-foot setback that exists within the existing Planned Development and reduce it to a twenty-five foot setback to allow another building on the site.  Mr. MacPherson noted the aforementioned reduced setback would be consistent with the adjacent properties.  He added the Planning and Zoning Commission and staff recommend approval.

 

Mr. Bailes asked if the applicant planned to tear down the Pasta Company.  Mr. MacPherson responded in the negative, adding the proposed would allow for an additional building to be placed on the property.

 

Mr. Burlison asked why the fifty-foot setback was created originally.  Mr. MacPherson responded he did not know why it was originally created, adding that it was included in the original Planned Development.

 

 

 

An opportunity was given for citizens to express their views. 

 

Ms. Cirtin noted a representative for the developer was available to answer questions.  With no questions, the public hearing was closed.

 

 

 

The following bills appeared on the agenda under First Reading bills:

 

 

Intergovernmental Agreement with West Plains, Missouri

Sponsor: Ibarra.  Council Bill 2010-301. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an intergovernmental agreement with the City of West Plains, Missouri, for the lease of one Aircraft Rescue & Fire Fighting (ARFF) vehicle from the Springfield-Branson National Airport to the West Plains Regional Airport.  (Airport staff recommends approval.)

 

 

 

Gary Cyr, Director of Aviation, gave a brief description of the proposed.  He noted the proposed vehicle is a 1974 Aircraft Rescue & Fire Fighting (ARFF) truck.  He added this vehicle has not been included in “active inventory” for a couple of years.  Mr. Cyr noted his staff tries to assist “sister” airports who do not have the financial capabilities to purchase needed equipment.  He added that Airport staff recommends approval.

 

Mr. Burlison noted the proposed lease is $1 per year, with the stipulation that they will be covering all maintenance costs for the vehicle.  Mr. Cyr responded that is a correct statement.

 

 

 

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

 

 

Execute Amendment to PILOT Agreement

Sponsor: Rushefsky.  Council Bill 2010-302. A special ordinance authorizing the Mayor to execute on behalf of the City a First Amendment to Lease Agreement; authorizing the City Manager, or his designee, to execute a First Amendment to Payment in Lieu of Taxes (PILOT) Agreement, both original agreements being between the City of Springfield, Missouri, and 910 Springfield, L.L.C, and both originally dated March 1, 2009; and authorizing the execution of other documents and the taking of other actions consistent therewith.

 

 

 

Mary Lilly Smith, Director of Economic Development, gave a brief description of the proposed.  She noted that 910 Springfield, L.L.C. was created by Opus Northwest to construct the B.K.D. building.  She added Council approved Chapter 100 bond financing for this project in 2008 and it closed in 2009.  Ms. Smith noted Chapter 100 bond financing provides that the City take ownership of the asset and the entity that builds the building has a lease with the City and enjoys the City’s tax exempt status.  She added 910 Springfield, L.L.C. pays a Payment in Lieu of Taxes (PILOT) that’s equal to the value of the land for the first ten years and then for years eleven through twenty-five they will pay 25% of the taxes.  Ms. Smith noted 910 Springfield, L.L.C. wishes to sell its interest in the lease to an entity who wants to execute this as a Section 10-31 like-kind exchange.  She added that since the proposed involves a lease and not a purchase, there is a requirement under tax law that lease term be thirty years, not the current twenty-five years.  Ms. Smith noted the proposed amendment extends the lease for thirty years and at any time after the bonds are paid, 910 Springfield, L.L.C. or its successor interests may purchase the building, but they have the opportunity to leave it in the City’s ownership for a period of thirty years.  She added the property tax abatement will not be extended for the full thirty-year term of the lease.

 

Mr. Ibarra asked for clarification regarding the last five years of the amended lease agreement.  Ms. Smith noted in the last five-years of the ownership of the proposed the lessee will pay taxes equal to 100% of the taxes owed.  She added the lessee will not receive any tax abatement in the last five-years of the amended lease agreement.

 

Mr. Bailes asked why it is in the City’s best interest to help 910 Springfield, L.L.C. negotiate out of their current lease.  Ms. Smith responded the third party purchaser is local, which is a positive thing for the community.  She expressed her belief that there is no reason to not approve the proposed amendment, adding that the proposed will not change the deal for the City in any way.

 

Mr. Burlison asked if this type of agreement has been done by the City before.  Ms. Smith responded the entire project is a ground-breaking endeavor.  She added although it is ground-breaking for Springfield, it is not ground-breaking for Missouri.

 

 

 

An opportunity was given for citizens to express their views.  With no appearances, the discussion was closed.

 

 

 

The following bills appeared on the agenda under Resolutions:

 

              

Sidewalk Construction along Eastgate Avenue

Sponsor: Rushefsky.  Council Bill 2010-303. A resolution granting the request to waive the fee in lieu of constructing a sidewalk along Eastgate Avenue, generally located at 3429 E. Chestnut Expressway.  (Staff recommends approval.)

 

 

 

Mr. MacPherson gave a brief description of the proposed. He noted the Planning and Zoning Commission held a meeting on November 18, 2010 and approved a preliminary plat of excess school property east.  He added the Planning and Zoning Commission also approved a request for two sub-division variances to pay a fee in lieu of constructing sidewalk along Eastgate Avenue and to not dedicate additional right-of-way along Eastgate Avenue and Chestnut Expressway.  Mr. MacPherson noted the original preliminary plat in regards to the proposed was to separate the Natatorium and the other remaining school property, so the school can maintain the ownership of the Natatorium and the excess property can be connected in a future preliminary plat that will be presented as part of a new planned development.  He added the Planning and Zoning Commission does not have the authority to waive any fees.  Mr. MacPherson noted staff recommends approval of the property owners request for a waiver of sidewalk construction and a waiver of the fee in lieu of sidewalk construction because of the upcoming intersection improvements at Chestnut Expressway and U.S. 65.

 

Mr. Burlison asked if it is normal practice for this type of request to come before Council for approval. Mr. MacPherson responded affirmatively, adding that no one else has the authority to grant such a waiver.

 

Mayor O’Neal noted the proposed is essentially being requested due to the fact that the street is going to be significantly rerouted.  Mr. MacPherson noted the old street will be removed and if the proposed sidewalk is built, it would then have to be removed to make room for the street improvements.

 

 

 

An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.

 

 

 

Council Bill 2010-303.  Resolution 9837 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: None. Absent: None. Abstain: None.

 

 

2011 Legislative Priorities

Sponsor: Council.  Council Bill 2010-304. A resolution adopting the City of Springfield’s Legislative Policy for 2011.  (Recommended by the Plans and Policies Committee.)

 

 

 

Mr. Burris gave a brief description of the proposed.  He noted the proposed is a document meant to provide guidance to staff and the legislative delegation, regarding items that are important to the City or legislation the City would like to see introduced.   He added the document is usually much larger, but staff tried to create an abbreviated version of the document.  Mr. Burris noted the proposed has been recommended by the Plans and Policies Committee.

 

Mr. Burlison, Chair of the Plans and Policies Committee, noted the proposed represents the consensus of this Council and recommendations made by staff.

 

Mayor O’Neal expressed his appreciation to the Plans and Policies Committee for their work on the proposed.

 

Mr. Ibarra moved to amend the proposed by striking out the term “eliminate the tax free status of Internet sales” under the “Equitable Funding” category.  Mr. Burlison seconded the motion and it was discussed.

Mr. Ibarra expressed his belief that the discussion regarding the tax free status of Internet sales should be broader than one sentence in a document that covers all types of issues.

 

Mr. Chiles expressed his opposition to the proposed amendment.  He expressed his belief that an Internet sales tax could help small, local businesses.

 

The motion failed by the following vote: Ayes: Ibarra and Burlison.  Nays: Rushefsky, Rush, Chiles, Stephens, Bailes, Compton, and O’Neal.

 

Mr. Burlison moved to add the following bullet-point under the category titled “Public Health”:

 

Medicinal Marijuana – Remove the restrictions against the prescription, dispensing, and use of marijuana for patients with legitimate health issues that could be alleviated by the currently prohibited herb.

 

Mr. Chiles seconded the motion and it was discussed.

 

Mr. Burlison expressed his belief that it is a travesty that people in pain are not allowed medications that would make them feel better.  He also expressed his belief that medicinal marijuana would not cost the State or City anything and would also create additional revenues.

 

Mr. Chiles expressed his support of the proposed amendment.  He expressed his belief that decisions regarding pain relief should be made between the patient and their physician.  Mr. Chiles noted that fifteen states currently allow medicinal marijuana.  He expressed his belief that allowing medicinal marijuana is rational beginning to a long process. 

 

Mr. Compton expressed his opposition to the proposed amendment.  He noted he has a problem with Council recommending something that is against Federal law.

 

Mr. Ibarra asked if the states that currently allow medicinal marijuana have seen negative effects to their society. Mr. Burlison responded that he could not answer that question, adding that Portugal has recently legalized all drugs with the end result being a lower crime rate and savings to their justice system.  He added that Portugal has not seen the negative results that were predicted when that decision was made.

 

Mr. Rush expressed his opposition of the proposed amendment. He expressed his belief that the community is not ready for Council to make this recommendation. 

 

Ms. Rushefsky expressed her belief that the City should not be involved in this issue.  She also expressed concern that medicinal marijuana could create tremendous enforcement issues.

 

Mr. Ibarra asked for clarification regarding a vote to abstain.  Mr. Wichmer responded an “abstain” vote is counted as an “aye” vote.  Mr. Ibarra noted he will abstain due to a moral conflict.

 

Mr. Stephens expressed his opposition of the proposed amendment.  He also expressed his belief that this issue does need to be discussed. 

 

Mayor O'Neal expressed his opposition to the proposed amendment.  He expressed his belief that this issue should be debated by the community or State.  Mayor O’Neal noted that most of the states that are allowing medicinal marijuana have done it by initiative petition.  He expressed his belief that if citizens want to see medicinal marijuana allowed in Springfield an initiative petition should be created.

 

The motion failed by the following vote: Ayes: Burlison and Chiles. Nays: Rushefsky, Rush, Stephens, Bailes, Compton, and O’Neal. Abstain: Ibarra.

 

Mr. Ibarra moved to remove the bullet-point titled “Tobacco Tax Increase”. Mr. Burlison seconded and the motion was discussed.

 

Mr. Ibarra noted he does not feel comfortable praying on people’s addictions and shortcomings.

 

Mr. Burlison expressed his support of the proposed amendment.  He expressed concern that the revenues received will not be spent on what they are supposed to be spent on.

 

Mayor O'Neal expressed his opposition of the proposed amendment.  He noted that Missouri ranks 50th in the United States regarding tobacco tax amounts. He also expressed support of a voter approved tobacco tax.

 

The motion failed by the following the vote: Ayes: Ibarra and Burlison.  Nays: Rushefsky, Rush, Chiles, Stephens, Bailes, Compton, and O’Neal.

 

Mr. Stephens moved to add the following bullet-point under the bullet-point “Promote Downtowns”:

 

Arts and Tourism – Fund the arts and tourism industries per State law.

 

Mr. Stephens noted there is a State law that sets out a funding formula for both the Arts and Tourism industry, regarding how much they should be allotted within State budgets.  He expressed concern that this budgetary allotment has been ignored the past 2-3 years.

 

Mr. Ibarra seconded the motion and it was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal.  Nays: None.

 

Mr. Burlison moved to add the following bullet-point under the category titled: “Economic Development”:

 

Industrial Hemp: Eliminate the legal obstacles that prevent the cultivation, manufacture, and sale of industrial hemp products; facilitating the creation of new businesses and employment throughout the State.

 

Mr. Chiles seconded the motion and it was discussed.

 

Mr. Burlison noted hemp does not contain any tetrahydrocannabinol (THC) and should not be considered the same as marijuana.  He added hemp is a very hardy fiber.

 

Mr. Ibarra asked if there is no THC in hemp why is it illegal.  Mr. Wichmer responded because hemp is a marijuana plant, which is illegal.

 

Ms. Rushefsky noted that until she knows how easy it would be to differentiate between hemp and marijuana, she cannot support the proposed amendment.

 

Mayor O’Neal expressed his opposition of the proposed amendment.  He expressed his belief that adding this issue to the legislative priorities could trivialize the other priorities included.

 

The motion failed by the following vote: Ayes: Burlison and Chiles.  Nays: Ibarra, Rushefsky, Rush, Stephens, Bailes, Compton, and O’Neal.

 

The proposed will be held over for two weeks due to the substantive amendment, at which time a public hearing will be held on the amendment only.

 

 

 

An opportunity was given for citizens to express their views.

 

Fred Ellison, 1315 N. Broadway, spoke in support of the proposed.  He expressed his belief that the red light camera language should be removed from the proposed.  Mr. Ellison expressed his support of the failed amendment to remove the language concerning a tobacco tax increase.  He expressed concern that increasing the tobacco tax could result in lost revenue because citizens will shop for cigarettes somewhere else.  Mr. Ellison recommended an amendment be made to language regarding childhood immunizations to add the term “mercury free”. 

                  

Mr. Ibarra asked the Health Department to provide Council information regarding concerns about immunizations.

 

Mr. Wichmer noted if new language is added to a Council bill it can be considered a substantive amendment and may require an additional public hearing.

 

With no further appearances, the discussion was closed.

 

Mr. Burlison moved to amend the childhood immunization language included in the proposed to include the term “mercury free”.  Mr. Ibarra seconded the motion and it was discussed. 

 

Mr. Rush expressed concern regarding the proposed amendment.  He expressed his belief that it is premature to add the term “mercury free” prior to receiving more information from the Health Department.

 

Mr. Chiles expressed concern regarding the proposed amendment.  He also expressed his belief that it is premature to add the term “mercury free” prior to receiving more information from the Health Department.

 

Mr. Ibarra expressed opposition of the proposed amendment.  He noted he will oppose the proposed amendment until more information is available.

 

Mr. Burlison withdrew his motion.

 

 

 

The following bills appeared on the agenda under Emergency bills:

 

 

 

The following bills appeared on the agenda under Public Improvements.

 

 

 

The following bills appeared on the agenda under Grants.

 

 

 

The following bills appeared on the agenda under Second Reading:

 

 

Sisters of Mercy Health Systems Development Agreement

Sponsor: Bailes.  Council Bill 2010-283. Substitute No.1. A special ordinance approving a Development Agreement between the City of Springfield, Missouri and Sisters of Mercy Health Systems; authorizing the City Manager to Execute the development agreement; and prescribing certain related matters.   

 

 

 

Ms. Smith gave a brief overview of the proposed.  She noted on October 18, 2010 Council approved a term sheet regarding the interchange improvements at Evans Road and Highway 65.  She added on November 1, 2010 the development agreement was brought to Council for first reading.  Ms. Smith noted at that time she informed Council that MoDOT was reviewing the design of the proposed interchange and the proposed substitute bill includes the proposed interchange changes.  She presented Council with the layout of the proposed interchange on the overhead screen.  Ms. Smith noted a bio-swale will not be placed in the center of the east/west arterial, but the bio-swale design will be retained along Southwood.  She added the loop-ramp design costs will become a reimbursable expense as part of Phase I.  Ms. Smith noted the advantage to the new design is it reduces the overall cost from approximately $6 million to approximately $5 million, which lowers the Sisters of Mercy Health Systems capped cost at 50% but not to exceed $2.5 million.  Ms. Smith noted that language referencing condemnation or eminent domain has been removed from the proposed agreement.  She added that issue has been resolved and Sister of Mercy Health Systems has entered into a purchase agreement with that property owner for the right-of-way that’s needed.  Ms. Smith noted the proposed agreement permits the City to transfer the MoDOT right-of-way directly to a designee of Sisters of Mercy Health Systems.  She added the excess MoDOT right-of-way will be donated to the City and the City will donate it to Sisters of Mercy Health System.  Ms. Smith noted the proposed agreement eliminates the MoDOT cost-share.  She added Greene County is willing to put $.5 million into the interchange improvements on MoDOT’s right-of-way.   Ms. Smith noted the proposed agreement also includes modified exhibits to reflect the new ramp and hospital designs.

 

Mr. Chiles asked if there will be any public transportation to the proposed facility.  Ms. Smith responded the closest bus stop is over three miles away.  Mr. Chiles asked what people who do not have access to cars will do to reach the facility.  Ms. Smith responded they will need to either take a taxi or have a friend drive them.  She expressed her belief that most people visiting the proposed facility would not be able to ride a bike there or perhaps be able to navigate riding a bus to the location.  Ms. Smith noted if City Utilities finds there is a demand for bus service in this area, a bus stop may be placed there in the future.

 

Mr. Ibarra asked if the Sisters of Mercy Health System currently utilizes the OATS bus program.   Mike Peters, St. John’s Health System, responded affirmatively.

 

Ms. Rushefsky asked Mr. Peters if all of St. Johns Orthopedic surgeries will be moved to the proposed new facility.  Mr. Peters responded the surgeries done at the proposed new facility will be mostly elective surgeries such as hip replacements or knee replacements.

An opportunity was given for citizens to express their views.  Ms. Cirtin informed Council a representative of the developer is available to answer questions.  With no questions, the discussion was closed.

 

Mr. Chiles expressed his support of the proposed.  Mr. Chiles expressed concern regarding the lack of transportation services available to the proposed facility for citizens who do not have access to transportation.

 

Mayor O’Neal expressed his appreciation to the developer for negotiating the cost of the property in question.  He also expressed his support of the revision of the ramp design, based on the preferred design, and saving the cost associated with that.

 

 

 

Council Bill 2010-283 Substitute No.1.  Special Ordinance 25837 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: None. Absent: None. Abstain: None.

 

 

 

Mayor O’Neal exited the meeting at approximately 8:15 p.m. 

 

 

Cyber Crime Task Force

Sponsor: Stephens.  Council Bill 2010-291. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into a memorandum of understanding with the Federal Bureau of Investigation (FBI) concerning participation in the Kansas City Division Cyber Crime Task Force; and approving a cost reimbursement agreement.

 

 

 

Mr. Burlison expressed his opposition of the proposed.  He expressed concern that the officer assigned to this duty may be asked to do something that is constitutionally inappropriate.

 

Mr. Ibarra asked if the officer assigned to the proposed position would still be under the authority of City management.  Mr. Wichmer responded the guidelines set forth for the proposed state that while working in tasks assigned under the grant the officer would be under the jurisdiction of the Federal Bureau of Investigation (FBI).  Mr. Ibarra asked if the officer were to do something that City management found to be unconstitutional, could that officer be released as an employee.  Mr. Wichmer responded that if the employee is acting under the purview of the FBI and the act is lawful, a personnel hearing would be necessary.  He added the grant could be terminated, but expressed his belief that the officer could not be terminated. 

 

Mr. Ibarra expressed concern regarding a new form of identity theft where someone uses a pocket sized machine that reads the bar codes on any credit cards in your wallet.

 

 

 

Council Bill 2010-291.  Special Ordinance 25838 was approved by the following vote: Ayes: Rushefsky, Rush, Chiles, Stephens, Bailes, and Compton. Nays: Burlison and Ibarra. Absent: O’Neal. Abstain: None.

 

 

Audit Working Plan

Sponsor: Chiles, Compton, Burlison, and Rush.  Council Bill 2010-294. A special ordinance adopting the Internal Auditor’s annual Audit Working Plan.  (Finance and Administration Committee recommends approval.)

 

 

 

Council Bill 2010-294.  Special Ordinance 25839 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, and Compton. Nays: None. Absent: O’Neal. Abstain: None.

 

 

Surplus Vacant City Land

Sponsor: Rushefsky.  Council Bill 2010-295. A special ordinance adopting new guidelines to broaden the uses for which surplus vacant City land may be conveyed to not-for-profits and educational institutions on certain conditions and repealing Special Ordinance No. 22861.

 

 

 

Council Bill 2010-295.  Special Ordinance 25840 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, and Compton. Nays: None. Absent: O’Neal. Abstain: None.

 

 

James River Basin Partnership

Sponsor: Compton.  Council Bill 2010-296. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to apply for and accept the award of a grant from the James River Basin Partnership (JRBP) for the purpose of funding innovative stormwater quality practices, including pervious pavement and a rain garden, within the Park Central East and West Streetscape project; to enter into an agreement with JRBP; to do all things necessary to carry out the intent of this grant; and amending the budget for the Public Works Department for fiscal year 2010-2011 in the amount of $10,000.

 

 

 

Council Bill 2010-296.  Special Ordinance 25841 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, and Compton. Nays: None. Absent: O’Neal. Abstain: None.

 

 

 

UNFINISHED BUSINESS

 

 

 

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

 

 

 

NEW BUSINESS

 

 

 

The Mayor recommended the following appointment to the Tree City USA Advisory Board:  Noel Boyer with term to expire December 1, 2013. 

 

 

 

The Mayor recommended the following reappointments to the Tree City USA Advisory Board:  Bridget Dierks and Kay Johnson with terms to expire December 1, 2013. 

 

 

 

The Mayor recommended the following appointments to the Mayor’s Commission for Children:  Rhoda Clark; Melissa Riley; and Emily Fox with terms to expire November 29, 2013. 

 

 

 

The Mayor recommended the following reappointments to the Mayor’s Commission for Children:  Dr. Bernard McCarthy; and Jennifer Kennally with terms to expire November 29, 2013. 

 

 

 

The Committee of the Whole recommended the following reappointments to the Board of Public Utilities:  Mike Peters and Krystal Compas with terms to expire December 1, 2013.

 

 

 

The Public Involvement Committee recommended the following appointment to the Springfield/Greene County Environmental Advisory Board:  Stephen Wilson with term to expire October 1, 2013. 

 

 

 

The Public Involvement Committee recommended the following reappointment to the Springfield/Greene County Environmental Advisory Board:  James Owen with term to expire October 1, 2013. 

 

 

 

The Public Involvement Committee recommended the following appointment to the Personnel Board:  August Prost with term to expire March 1, 2012.

 

 

 

The Public Involvement Committee recommended the following appointment to the Cable Advisory Board:  Terry Weber with term to expire September 1, 2013. 

 

 

 

The Public Involvement Committee recommended the following appointment to the Planning and Zoning Commission:  Jason Ray with term to expire January 1, 2014.

 

 

 

The Public Involvement Committee recommended the following reappointments to the Planning and Zoning Commission:  Jay McClelland; Matthew Edwards; and King Coltrin with terms to expire January 1, 2014. 

 

 

 

Council referred the task of organizing a city-wide Spring Clean Up day to the Springfield/Greene County Environmental Advisory Board.

 

 

 

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.

 

 

Preliminary Plat of Excess School Property East Subdivision

Sponsor: Rushefsky.  Council Bill 2010-305. 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 Excess School Property East Subdivision generally located at 3429 E. Chestnut Expressway, upon the applicant filing and recording a final plat that substantially conforms to the preliminary plat; and authorizing the City Clerk to sign the final plat upon compliance with the terms of this ordinance. (Planning and Zoning Commission has approved the Preliminary Plat.  Both Planning and Zoning Commission and staff recommends that City Council accept the public streets and easements.)

 

 

MHTC’s Project No. J8S2150

Sponsor: Rush.  Council Bill 2010-306. A special ordinance authorizing the City Manager, or his designee, to enter into an agreement with the Missouri Highways & Transportation Commission (MHTC) for the purpose of allowing MHTC to construct sidewalks on City rights-of-way and to allocate $106,000 of the City of Springfield’s Surface Transportation Program (STP)-Urban non-attributable funds to MHTC’s Project No. J8S2150; and amending the budget for the Department of Public Works of the City of Springfield, Missouri, for Fiscal Year 2010-2011, in the amount of $106,000.

 

 

Planned Development District No. 46

Sponsor: Compton.  Council Bill 2010-307. A special ordinance approving the Final Development Plan of Planned Development District No. 46 generally located at 1735 South Fort Ave.  (Planning and Zoning Commission and staff recommend approval.)

 

 

Placement of Banners in CID’s

Sponsor: Compton.  Council Bill 2010-308. A general ordinance amending the Springfield City Code, Chapter 98, Streets, Sidewalks and Public Places, Article I, Section 98-7, Placement of Advertisement in Right-of-way, to permit placement of banners by Community Improvement Districts within their respective boundaries upon certain conditions.

 

 

Intergovernmental Agreement with MSU Re: Placement of Banners on City rights-of-way

Sponsor: Rush.  Council Bill 2010-309. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an intergovernmental agreement with the Board of Governors of Missouri State University, to allow the placement of banners on City rights-of-way.

 

 

 

The following bills appeared on the agenda under Consent Agenda – One Reading Bills.

 

 

Sanitary Sewer District No. 230 of Section No. 6

Sponsor: Ibarra.  Council Bill 2010-310. 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. 230 of Section No. 6, in the general vicinity of Norton Road west of Summit Avenue, providing for inclusion of said district in the City Sewer Financial Assistance Program, and authorizing the City Clerk to issue special tax bills and deliver the same to the Director of Finance to be registered in her office in accordance with the ordinance.

 

 

 

Council Bill 2010-310.  Special Ordinance 25842 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: None. Absent: None. Abstain: None.

 

 

Sanitary Sewer District No. 50V of Section No. 6

Sponsor: Rushefsky.  Council Bill 2010-311. 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. 50V of Section No. 6, in the general vicinity of Norton Road at Fremont Avenue, providing for inclusion of said district in the City Sewer Financial Assistance Program, and authorizing the City Clerk to issue special tax bills and deliver the same to the Director of Finance to be registered in her office in accordance with the ordinance.

 

 

 

Council Bill 2010-311.  Special Ordinance 25843 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: None. Absent: None. Abstain: None.

 

 

Tree City USA Membership Requirement

Sponsor: Stephens.  Council Bill 2010-312. A resolution reorganizing the membership of the Tree City USA Citizens Advisory Committee (TCUSACAC) by removing the requirement that two (2) members of the Committee must be from the Development Issues Input Group (DIIG) and replacing it with the requirement that the two (2) members must be from the development community.

 

 

 

Council Bill 2010-312.  Resolution 9838 was approved by the following vote: Ayes: Ibarra, Rushefsky, Rush, Burlison, Chiles, Stephens, Bailes, Compton, and O’Neal. Nays: None. Absent: None. Abstain: None.

 

 

 

The following bills appeared on the agenda under Consent Agenda – Second Reading Bills.

 

 

 

With no further business to come before Council, the meeting adjourned at approximately 8:30 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                           Brenda M. Cirtin, MMC/MPCC

11/29/10 lh

                                                           Assistant City Clerk