August 27, 2012

                                                            Springfield, Missouri

 

 

The City Council met in regular session August 27, 2012 in the Council Chambers at City Hall.  The meeting was called to order by Mayor Bob Stephens.  A prayer was given by John Rush.

 

 

Roll Call 

 

Present: Doug Burlison, Jeff Seifried, Tom Bieker, Scott Bailes, Jerry Compton, Jan Fisk, Cindy Rushefsky, John Rush, and Bob Stephens.  Absent: None.

 

 

Minutes 

The minutes of August 13, 2012 and August 14, 2012 were approved as presented.

 

 

Consent

Agenda

The Consent Agendas were finalized and approved as amended.

 

Brenda Cirtin, City Clerk, informed Council that Council Bill 2012-246 would be removed from Consent Agenda One Reading Bills.  She added Council Bill 2012-246 would become Item #13.5 under Resolutions.

 

 

 

CEREMONIAL MATTERS       

 

 

 

CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE AUGUST 13, 2012 AND AUGUST 14, 2012 MEETINGS.

 

 

 

Greg Burris, City Manager, responded all questions had been answered.  Mr. Burris reminded citizens in the audience to put their cell phones on silent or vibrate.  He expressed his appreciation to staff who participated in the 20th annual United Way Day of Caring on Thursday, August 23.  He also expressed appreciation to the many Councilmember’s who donated their time to deliver ice cream to the volunteers.  Mr. Burris noted the City is currently in a “water watch period” and the City is making significant water conservation efforts in all departments.  Mr. Burris expressed his appreciation to staff for working diligently with all stakeholders in regards to two bills on the agenda this evening that pertain to the Chronic Nuisance Strategy and the College Street Corridor Plan.  Mr. Burris noted the Police Department held a promotion ceremony on Friday, August 24.  He added nine Police Officers were promoted at that ceremony.

 

Mayor Pro Tem Seifried asked what the State water levels currently are.  Mr. Burris responded 63.4 and the first “trigger point” for additional water conservation is 60.

 

 

 

Councilman Bieker moved to table Amended Council Bill 2012-226 and Council Bill 2012-248 and request the Mayor appoint a community task force to review the issue and make recommendations to Council on how to proceed. Councilman Rush seconded the motion and it was approved by the following vote: Ayes: Fisk, Rushefsky, Rush, Seifried, Bieker, Bailes, and Stephens. Nays: Burlison and Compton.

 

Mayor Stephens noted he will seek input from other Councilmember’s as to how the community task force will be set-up.  He added Council could use the Police Fire Pension Task Force as a model for this task force.  Mayor Stephens noted Council will not rush this project.  He added once the guidelines are set a news-release will be done to inform the community that applications will be accepted.  He asked citizens not to contact staff regarding this task force until the news-release is sent out.  Mayor Stephens noted staff will not be compiling a list of citizens interested in serving on this task force.

 

Councilman Compton noted Council has received hundreds of emails on this issue and it is impossible to respond to all of them. 

 

Mayor Stephens made a statement regarding citizens who threatened Councilmember’s with the threat of recall or not being reelected because of their views on this issue.  He expressed his belief that these citizens serve a great disservice to the community.  Mayor Stephens noted he is very proud of this Council and he is honored to serve with them.

 

 

 

The following bills appeared on the agenda under Public Hearing Bills:

 

 

 

Council Bill 2012-237 and Council Bill 2012-238 were read and discussed simultaneously.

 

 

CU Annual Operating Budget

Sponsor: Stephens.  Council Bill 2012-237. A special ordinance approving the City Utilities Annual Operating Budget for the fiscal year ending September 30, 2013.

 

 

New Water Rates

Sponsor: Stephens.  Council Bill 2012-238. A special ordinance to approve establishing new water rates.

 

 

 

Tom Rankin, Chair of the Board of Public Utilities, gave a brief overview of the proposed.  He noted Council Bill 2012-237 would approve the City Utilities (CU) Annual Operating Budget and Council Bill 2012-238 would establish new water rates.  He added numerous public meetings were held to review these issues.  Mr. Rankin expressed appreciation to Council for attending a joint public meeting on August 7, 2012 to give their input on these issues.  He also expressed his appreciation to CU staff for their work on the proposed bills.  Mr. Rankin noted the Board worked hard to create a budget that is fiscally responsible and balanced for the community.  He added in the proposed budget CU will maintain over 2,000 miles of electric lines, 1,200 miles of water mains, 1,200 miles of natural gas lines, and 430 miles of fiber optics.  Mr. Rankin noted CU will also operate 15 electric generating units, 42 substations, 175 natural gas regulator stations, 2 treatment plants, 8 pump stations, 6 water storage facilities, as well as 30 buses covering 1.3 million miles, 3.4 million meters will be read while walking 45,000 miles, and they will handle over 32,000 customer calls and 160,000 office and field service requests.  He added the proposed budget is $30 million lower than the 2012 budget, yet contains approximately $30 million in regulatory compliance initiatives.  Mr. Rankin noted CU has been able to maintain their AA rating, adding that only 4 municipal public utilities have a rating higher than theirs.  Mr. Rankin noted the water rates are based on a system being able to self-support its needs as opposed to being subsidized by electric or natural gas customers.  He added the water system has consistently failed to cover its cash requirements.  Mr. Rankin noted the existing water rates have not enabled reasonable reinvestment of aging infrastructure.  He added the Board of Public Utilities supports both of the proposed bills.

 

Mike Finch, CU-Chief Financial Officer, expressed his appreciation to Council for their input on the proposed.  He noted CU reduced their spending by approximately $7 million this year and another approximately $13 million in the proposed 2013 budget.  He added for project expenditures they have just under $496 million projected in 2013, which is roughly $33 million less than what was projected in last year’s budget and also includes an increase of $10 million for an environmental compliance project that will be finished in early 2015.  Mr. Finch noted Council’s approval of the proposed budget approves the disbursement authority for CU for the upcoming year.  He added for 2013 their disbursement authority is $530.4 million, which is roughly $30 million less than that approved in last year’s budget.  Mr. Finch noted CU will provide the following services this year: roughly 3 billion kilowatt hours of electricity, 9 billion gallons of drinking water, 130 burms of natural gas, 1.6 million bus rides, and 80 to 100 gigabytes going across their fiber optic network.  He expressed his belief that CU is a community asset and a community utility.

 

Councilman Burlison asked if “downsizing” has impacted their operation.  Mr. Finch responded they are able to provide all services and maintenance needed at James River Power Station with fewer people.

 

Ray Ross, CU- Director of Pricing and Forecasting, noted that there have been concerns regarding challenges the water system has been facing over the past year.  He added among those challenges water system revenues are not covering the cost of operating the system.  Mr. Ross noted the proposed water rate increases are intended to address these challenges in a responsible and cost effective manner for the benefit of the customers of CU.  He added the proposed water rates implement a three-stage adjustment with the first stage taking effect in October 2013 at 11.4% with similar increases in October 2014 and October 2015.  Mr. Ross noted rates are staged to ease the transition for their customers.  He added the proposed rates will generate $12.6 million to allow the system to cover its requirements in 2016, which means the water system would be covering its own cost in 2016.  Mr. Ross noted residential bills will increase approximately $3 per month, each of the three years.  He added the proposed is intended to allow system revenues to cover costs and create a formal renewal program needed now to mitigate the rising trend of lost treated water and to keep losses in acceptable ranges. 

 

 

 

Councilwoman Rushefsky moved to amend Council Bill 2012-237 by adding the additional exhibits presented to the City Clerk prior to the meeting.  Mayor Pro Tem Seifried seconded the motion and it was approved.

 

Councilwoman Rushefsky moved to amend Council Bill 2012-238 by adding the additional exhibits presented to the City Clerk prior to the meeting.  Mayor Pro Tem Seifried seconded the motion and it was approved.

 

 

 

An opportunity was given for citizens to express their views. With no appearances, the public hearing on Council Bill 2012-237 was closed.

 

An opportunity was given for citizens to express their views. With no appearances, the public hearing on Council Bill 2012-238 was closed.

 

 

UMHE Campus Housing Redevelopment Plan

Sponsor: Compton.  Council Bill 2012-239. A special ordinance adopting the UMHE (United Ministries for Higher Education) Campus Housing Redevelopment Plan for an area located at the southeast corner of East Cherry Street and South Florence Avenue and declaring its redevelopment necessary for the preservation of the public peace, prosperity, health and safety.  (The Land Clearance for Redevelopment Authority, the Planning and Zoning Commission and Staff recommend approval.)

 

 

 

Mary Lilly Smith, Director of Economic Development, gave a brief overview of the proposed.  She noted the proposed redevelopment plan is pursuant to Chapter 99 in the redevelopment authority law.  She added the Land Clearance for Redevelopment Authority law provides for incentives for removal of blight and requires adoption of a redevelopment plan.  Ms. Smith noted projects that are developed consistently with the redevelopment plan may be eligible for property tax abatement on the new improvement with 100% abatement for a period of 10 years.  She added the proposed is the United Ministries and Higher Education Campus Housing Redevelopment Area at Cherry Street and Florence Avenue.  Ms. Smith noted this property is currently occupied by a vacant residential structure.  She pointed out the redevelopment area on the overhead map. Ms. Smith noted the objectives of the proposed are to remove the blight by demolishing the structure and redevelop the area by constructing a fraternity house.  She added the proposed fraternity house will be three-stories with room for approximately 40 students.  Ms. Smith noted the proposed property is in a location where staff encourages Greek housing.  She added the proposed encourages pedestrian activity so the students won’t be forced to drive to get to campus.  Ms. Smith noted the proposed is consistent with the Missouri State University and the City’s plans to direct university growth to the north and the northwest.  She added the LCRA, the Planning and Zoning Commission, and staff recommend approval.

 

Councilman Compton asked for clarification regarding this house being located in a historic area. Ms. Smith responded the proposed is not located in an area designated as “historic”.

 

Councilwoman Rushefsky asked since the proposed developer is a religious organization aren’t they already tax exempt.  Shawn Whitney, attorney for the developer, responded the developer is a not-for-profit organization; however the leasee, Theta Chi Fraternity, is not; therefore taxes would be assessed normally.

 

Councilman Rush asked for clarification regarding noise covenants in this area.  Ms. Smith responded she is not aware of any additional noise covenants in this area.

 

 

 

An opportunity was given for citizens to express their views.

 

Shawn Whitney, attorney for the developer, spoke in support of the proposed.  He noted he drafted the redevelopment plan and believes it complies with the Greene County Comprehensive Plan and State Law.

 

Mayor Stephens clarified the proposed property will be owned by a not-for-profit organization, but leased to a for profit organization.  Mr. Whitney responded affirmatively.

 

With no further appearances, the public hearing was closed.

 

 

 

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

 

 

 

The following bills appeared on the agenda under Resolutions.

 

 

College Street Corridor

Sponsor: Compton.  Council Bill 2012-240. A resolution adopting the College Street Corridor Plan to serve as a guiding document for the College Street Corridor, and the area generally including College and Olive Streets, between Grand Avenue and Kansas Expressway (The Jordan Valley Advisory Committee, Planning and Zoning Commission and staff recommend approval.)

 

 

 

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed.  He noted staff began working on this project last year.  He added a zoning case on College Street instigated the idea of looking at additional planning for this area.  Mr. Rognstad pointed out the area on the overhead map.  He added eight public hearings were held between January and April to obtain input from the public.  Mr. Rognstad noted the background and analysis report created by staff is available at: www.springfieldmo.gov/collegestreet.  He added attendance at the aforementioned meetings averaged 42 citizens.  Mr. Rognstad noted one of the key elements of the proposed was to recognize Route 66 which goes through this area.  He added the Planning and Zoning Commission, the Jordan Valley Advisory Committee, and staff recommend approval.

 

Councilman Bieker expressed concern regarding an area titled “diesel springs”.  He expressed his belief that this area was created due to underground tanks from old gas stations.  Mr. Rognstad responded they are aware of this issue and are trying to locate where the leak is coming from.  He added the leak is not diesel, its gasoline.

 

Councilman Rush expressed his appreciation to staff for working with the community to create the proposed plan.

 

Mayor Pro Tem Seifried asked for further clarification on the concerns expressed by Councilman Bieker.  Mr. Burris responded the Environmental Services Department has been working on “diesel springs” for years and continues to take the issue very seriously and try to determine where the contamination is coming from.  He added staff will continue to work with the Department of Natural Resources to identify the source of the contamination.

 

 

 

An opportunity was given for citizens to express their views.

 

Rusty Worley, President of the West Central Neighborhood, spoke in support of the proposed.  He expressed his appreciation to staff for their work on the proposed.

 

Councilman Compton expressed his appreciation to Mr. Worley for his work on the proposed.

 

With no further appearances, the discussion was closed.

 

 

 

Council Bill 2012-240.  Resolution 9981 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Chronic Nuisance Properties Strategy

Sponsor: Burlison, Bieker, Seifried, and Fisk.  Council Bill 2012-241. A resolution adopting the Chronic Nuisance Properties Strategy and directing staff to proceed to implement same.  (Plans and Policies Committee and Staff recommend approval.)

 

 

 

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed.  He noted the proposed strategy was brought before Council in June 2012 and was referred back to the Plans and Policies Committee for additional review.  He added staff held a meeting with stakeholders to review the proposed strategy.  Mr. Rognstad noted the proposed strategy was reviewed by the Plans and Policies Committee on August 10, 2012 and they recommend approval.  He added the proposed policy states the City will not tolerate property owners that are unwilling to manage their properties in accordance with City policies and ordinances to the detriment of neighborhoods and property occupants.  Mr. Rognstad noted the proposed is not just targeted to landlords and rental properties’, adding it targets any properties with the neighborhood.  He added the “action steps” in the proposed strategy may change over time.  Mr. Rognstad noted the rental registration requirement was removed from the proposed.  He added staff plans to collect data on the rental registration issue for a year and then bring it back to the Plans and Policies Committee for review. Mr. Rognstad noted the pilot neighborhood was also removed from the proposed strategy.

 

Mayor Pro Tem Seifried expressed his appreciation to staff for continuing to be diligent about moving forward on this issue.

 

Councilwoman Rushefsky expressed concern that the tone of the proposed suggests that in an effort to accommodate landowners and developers the City is going out of their way to not notice violations.  She asked Councilman Burlison to give a brief overview of what the Plans and Policies Committee discussed regarding this issue. Councilman Burlison responded he believes the proposed is an attempt to “amp up” the penalties, as far as specific violations, while staff is analyzing other chronic nuisance concerns.  Councilwoman Rushefsky expressed her belief that the intent of the proposed needs to be determined and more accurately defined. 

 

Greg Burris, City Manager, noted Council could vote to approve the proposed and then amend it to include a more accurate definition.

 

Mayor Pro Tem Seifried expressed his belief that if Councilwoman Rushefsky believes there is an issue with the proposed it should be sent back to the Committee for additional review.  He added he does not want to “stop the movement” on the issue.

 

Councilman Burlison recommended Councilwoman Rushefsky present her concerns and a Plans and Policies Committee meeting be held to discuss possible amendments to the proposed.

 

Councilman Compton expressed his belief that the proposed has been needed for many years and is a significant step in the right direction.  He also expressed his belief that this issue is the number one generator of phone calls and complaints that Council receives.  Councilman Compton asked staff to look into adding a provision regarding “barking dogs”.  He also asked staff to create other options for neighbors besides signing a summons or civil suit against their neighbor so they don’t have to fear retaliation.

 

 

 

An opportunity was given for citizens to express their views.

 

Carl Herd spoke in opposition of the proposed. He expressed concern that the term “chronic” is not defined in the proposed.  He recommended the proposed be referred back to the Plans and Policies Committee for additional review.  Mr. Herd expressed concern that the process in regards to the proposed was not open and transparent.

 

Mayor Pro Tem Seifried asked Councilwoman Rushefsky if she has ever received a phone call about an abandoned house in her Zone.  Councilwoman Rushefsky responded affirmatively, adding she receives calls like that often.

 

Councilman Bieker expressed his belief that the proposed will help “speed up” the process in regards to violations. Mr. Burris noted the proposed will adopt the proposed strategy, but not adopt any new ordinances. He added the proposed will allow staff to review all ordinances and administrative procedures and improve the current procedures.  

 

Rusty Worley, President of the West Central Neighborhood Alliance, spoke in support of the proposed.  He noted several public meetings were held to review the proposed.  He added staff and stakeholders focused on enforcement of existing codes.  Mr. Worley noted an education session was held last week with over 70 landlords participating.  He expressed his belief that more of those education sessions needs to be held for landlords and tenants.

 

With no further appearances, the discussion was closed.

 

 

Councilman Bieker expressed his belief that this issue was discussed at several public meetings and the entire process was open and transparent.

 

 

Council Bill 2012-241.  Resolution 9982 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

Council Bill 2012-246 was moved from Consent Agenda One Reading Bills.

 

 

Fee Waiver for Conditional Use Permit: 661 S. New Avenue

Sponsor: Compton.  Council Bill 2012-246. A resolution granting the request to waive the fee for a Conditional Use Permit application to permit a community center within an R-SF, Single-Family Residential District, generally located at 661 South New Avenue.  (Planning Staff recommends approval.)

 

 

 

Mayor Stephens noted he requested the proposed be removed from the Consent Agenda One Reading Bills for discussion.

 

Councilman Compton noted he requested this fee be waived.  He noted there are a lot of properties around town that were old neighborhood groceries, or in this case a “five-and-dime”.  He added when they were in operation there weren’t a lot of parking requirements because most people walked to the neighborhood grocery. Councilman Compton noted since these properties are kind of isolated, they do not have a good way to provide parking and because of their location, they don’t normally command a large amount of rent.  He added the owner of the proposed property originally received a commercial conditional use permit, but when that didn’t work out they were able to find a church that wanted to meet at this location.  Councilman Compton noted they have now been given notice that they have to move.  He expressed concern that there are issues with how to make these properties cost-effective.  He expressed his belief that is would not be good to have a lot of vacant buildings in these particular neighborhoods because that could lead to more vandalism and criminal activity.  Councilman Compton expressed his belief that this fee should be waived while the issue is reviewed.

 

 

 

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

 

 

 

Council Bill 2012-246.  Resolution 9983 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

The following bills appeared on the agenda under Emergency Bills.

 

 

Levying a Tax on Real and Personal Property

Sponsor: Burlison.  Council Bill 2012-242. A special ordinance amending Special Ordinance No. 26071 and Special Ordinance No. 26072, passed by the City Council on May 21, 2012, to reflect the final determination of the Greene County Assessor of the assessed valuation by levying a tax on real and personal property for current expenses and the debt retirement of the City of Springfield, Missouri, and its boards and agencies for the Fiscal Year 2012-2013, and declaring an emergency.

 

 

 

Mary Mannix-Decker, Director of Finance, gave a brief overview of the proposed.  She noted the proposed will set the tax levy for 2012.  She added this levy was preliminarily set when the budget was adopted, but at that point the assessed value was estimated.  Ms. Mannix-Decker noted the assessed value for real estate in the City is up approximately one-half of one percent; however, the personal property was down approximately 3%.  She added the proposed is an emergency bill because this information has to be presented to the Greene County Clerk by September 1, 2012 and the assessed value information was not presented in time to have a two-reading bill.  Ms. Mannix-Decker noted the information was received in time to advertise the public hearing for seven days.

 

 

 

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

 

 

 

Council Bill 2012-242.  Special Ordinance 26111 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

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 and Final Passage.

 

 

Mobile Vendor

Sponsor: Bieker.  Council Bill 2012-147. A general ordinance amending the Springfield Land Development Code, Article I, Zoning Ordinance, Division V, Section 5-1200, Temporary Uses, and adding a new definition for a mobile vendor to Section 2-1100, Definitions.  (Both Planning and Zoning Commission and staff recommend approval.)

 

 

 

Mayor Pro Tem Seifried asked for clarification regarding the letter Council received from the Downtown Community Improvement District (CID) regarding the proposed.  Mary Lilly Smith, staff liaison for the Downtown CID, responded the aforementioned letter states that the Board of the Downtown CID supports allowing mobile vendors in the downtown area.

 

 

 

Council Bill 2012-147.  General Ordinance 6010 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Rezoning: 6300 Block of South Farmers Branch Avenue

Sponsor: Bailes.  Council Bill 2012-211. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.54 acres of property generally located at the 6300 block of South Farmers Branch Avenue, from Planned Development District No. 201 to Planned Development District No. 340 to permit a floor area ratio of .65, to provide for a reduction in the width of the bufferyard on the eastern boundary to accommodate the dedication of additional right-of-way, and to provide for on-site detention.  (Both Planning and Zoning Commission and Staff recommend approval.)  (By:  Duane and Jeanette Hesterly; 6300 block of S. Farmers Branch Avenue; Planned Development 340.) 

 

 

 

Dan Wichmer, City Attorney, informed Scott Bailes that he would need to leave the room during the discussion and vote on the proposed since he has recused himself from the vote/discussion.

 

Councilman Compton noted he struggled with this issue.  He noted Council turned down a similar request on Republic Road recently, but he expressed his belief that request was different because it was separated from homes by a residential street and most of the homes faced the hotel.  He added it was also different because the proposed hotel was located much further away from an intersection in an area that was already developed.  Councilman Compton noted he is very mindful of the impact of the proposed on the neighbors and that is what he has struggled with.  He added he would ideally like to see a three-story hotel instead of a five-story hotel, but considering the fact it is separated by a highway it is located in an appropriate place.

 

Councilman Rush expressed his belief that one of the most difficult decisions made by Council is to “side” between economic development and neighbors of a project who believe the development will affect their most significant investment: their home.  He also expressed his belief that the proposed is asking more than a reasonably prudent thinking person could be expected to comprehend.  Councilman Rush expressed his belief that the developer operated in good faith and did not attempt to deceive the residents.  He added he recognizes the economic development of the proposed project, but has concerns about the economic impact on those who live in this neighborhood.  Councilman Rush expressed his belief that the proposed should not be approved, adding he will vote against it.

 

Mayor Pro Tem Seifried expressed his belief that this is a challenging issue and he will support the proposed.

 

Councilwoman Rushefsky expressed her belief that the proposed hotel has an obligation to blend in with the neighborhood, and in this case it would not.  She also expressed concern that this developer has brought similar issues to Council before. Councilwoman Rushefsky noted she would not support the proposed.

 

Councilman Burlison noted he has heard an extreme amount of concern from the neighborhood regarding the proposed, but he also hears an extreme amount of concerns about the lack of jobs in the community; therefore he would support the proposed.

 

Councilman Bieker expressed his belief that the proposed would benefit the area.  He also expressed his belief that it should not matter what the homes look like or cost they should be treated the same as any other neighborhood.  He added he would be supporting the proposed.

 

Councilwoman Fisk noted she would not be supporting the proposed.

 

Mayor Stephens noted a lot of public comment has been received regarding the proposed.  He added he would not be supporting the proposed.

 

 

 

Council Bill 2012-211 failed by the following vote: Ayes: Compton, Seifried, Burlison, and Bieker.  Nays: Rush, Rushefsky, Fisk, and Stephens.  Recused: Bailes. Absent: None. 

 

 

Kraft Foods IDR Bonds

Sponsor: Rushefsky.  Council Bill 2012-224. A special ordinance authorizing the City of Springfield, Missouri to issue its Industrial Development Revenue Bonds (Kraft Foods Group, Inc. Project), Series 2012, in a principal amount not to exceed $26,000,000 to finance the costs of a project for Kraft Foods Group, Inc., a Virginia corporation, consisting of the acquisition and installation of new equipment at the existing plant; ratifying the previous approval of a plan for industrial development for the project; authorizing and approving certain documents; and authorizing certain other actions in connection with the issuance of the Bonds.

 

 

 

Councilman Burlison spoke in opposition of the proposed.  He expressed concern regarding the “clawback” provisions and how they relate to the proposed.

 

 

 

Council Bill 2012-224.  Special Ordinance 26112 was approved by the following vote: Ayes: Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: Burlison. Absent: None. 

 

 

Marijuana Initiative Petition

Sponsor: Initiative Petition.  Council Bill 2012-227. A general ordinance amending Chapter 78 of the Code of Ordinances of the City of Springfield, Missouri, by adding a provision to Chapter 78, Article VI, Section 78-261 relating to prosecuting marijuana and paraphernalia cases in the Municipal Court of the City of Springfield pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective.

 

 

 

Greg Burris, City Manager, noted if Council Bill 2012-227 fails, City Charter mandates the issue be sent to election.

 

Councilman Compton expressed his concern with supporting the proposed.  He expressed his belief that the passage of the proposed could set a dangerous precedent.

 

Councilwoman Rushefsky noted as an attorney and as a Councilwoman she has sworn to uphold the laws of State of Missouri and due to that she cannot vote to prohibit the Police Department from following State Law.

 

Councilman Rush expressed his concern that sending this issue to an election would be “a waste of time and money”.  He expressed his belief that the proposed does not do what the petitioners think it will do.  Councilman Rush expressed his belief that it is Council’s responsibility to say the proposed is a bad ordinance and they will assume responsibility and do everything they can to fix it.

 

Councilman Bieker asked if there is a “lag time” between when Council passes the proposed and when it goes into effect.  Dan Wichmer, City Attorney, responded if the proposed is approved the Mayor has 30 days to sign the ordinance.  Councilman Bieker asked if the issues could be reviewed and the bill amended within the 30 day timeframe.  Mr. Wichmer responded affirmatively. Councilman Bieker reiterated Councilman Rush’s comments regarding not sending the proposed to an election. 

 

Mayor Pro Tem Seifried noted he has seen what drug addiction can do to a person and cannot support the proposed as written.  He expressed his belief that the proposed is not good for Zone 1 or the City of Springfield.  He also expressed his belief that the fiscally responsible thing to do is approve the proposed and amend it or repeal it, rather than spending over $180,000 for an election.

 

Councilman Bailes noted he would not be supporting the proposed.

 

Mayor Stephens expressed his belief that sometimes Council has to make the “good best solution”.  He added they have been advised by legal staff that there are parts of the petition that are problematic and the City has been down that road before with other petitions that contained illegal provisions. Mayor Stephens expressed his belief that the money that would be spent for an election would be better used in other areas.  He added he will support the proposed with the idea that it will be amended or repealed in the near future.

 

 

 

Council Bill 2012-227.  General Ordinance 6011 was approved by the following vote: Ayes: Rush, Burlison, Bieker, Seifried, Fisk, and Stephens.  Nays: Rushefsky, Compton, and Bailes. Absent: None. 

 

 

Marijuana - Election

Sponsor: Council.  Council Bill 2012-228. A special ordinance submitting to the qualified voters of the City, at an election to be held on the 6th day of November, 2012, in the City of Springfield, Missouri, a question as to whether or not to amend Chapter 78 of the Springfield City Code by adding a provision to Chapter 78, Article VI, relating to the prosecution of marijuana and drug paraphernalia cases within the City of Springfield, Missouri, and declaring an emergency.

 

 

 

Council Bill 2012-228 failed due to the passage of Council Bill 2012-227 – General Ordinance 6011.

 

 

 

SPECIAL ACTION BILLS.    

 

 

SOGI - Election

Sponsor: Seifried.  Council Bill 2012-248. A special ordinance submitting proposed amendments to Chapter 2 and Chapter 62 of the Springfield City Code to the qualified voters of the City at the next special election held by the City of Springfield on November 6, 2012, in order to add “sexual orientation” and “gender identity” as protected classes in the areas of Fair Employment Practices, Fair Housing Practices, and Public Accommodations within the City of Springfield, with an exemption for religiously-based or religion-affiliated businesses, and declaring an emergency. 

 

 

SOGI

Sponsor: Rushefsky, Bieker, Fisk, and Rush.  Council Bill Amended 2012-226. A general ordinance amending Chapter 2, Administration, Article IV, Boards, Commissions and Committees, Division 4, Mayor’s Commission on Human Rights and Community Relations, section 2-223; and Chapter 62, Human Rights, to add sexual orientation and gender identity to the list of categories of persons protected from discrimination, to consolidate the Commission’s investigative process into a single division of the Code, and to clarify the Commission’s powers in light of recent court decisions.  (The Community Involvement Committee recommends approval.) 

 

 

 

Council Bill 2012-248 and Council Bill 2012-226 were tabled at the beginning of this meeting.

 

 

 

UNFINISHED BUSINESS      

 

 

 

NEW BUSINESS

 

 

 

The issue of the 2013 Legislative Priorities was referred to the Community Involvement Committee

 

Councilwoman Rushefsky asked why this issue was being referred to the Community Involvement Committee, since it had been referred to the Plans and Policies Committee in the past.  Brenda Cirtin, City Clerk, responded it had been referred to the Plans and Policies Committee in error and should be reviewed by the Community Involvement Committee.

 

 

 

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

 

 

 

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

 

 

Preliminary Plat: Cottages at All Saints

Sponsor: Bailes.  Council Bill 2012-243. A special ordinance authorizing the Director of Planning and Development to accept the dedication of the public streets and easements as shown on the Preliminary Plat of Cottages at All Saints, generally located at 2701 and 2751 East Galloway 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 and Staff recommend that City Council accept the public streets and easements.)

 

 

Race Exhibit/Discovery Center

Sponsor: Fisk.  Council Bill 2012-244. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to contribute $1,000 to Missouri State University to help underwrite the display of the Race Exhibit at the Discovery Center.

 

 

 

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

 

 

Downtown Springfield CID Appointments

Sponsor: Rushefsky.  Council Bill 2012-245. A resolution approving the nominations of Allen Kunkel and Sandy Nance to be appointed for the remainder of unexpired terms as members of the Board of Directors of the Downtown Springfield CID.

 

 

 

Council Bill 2012-245.  Resolution 9984 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

Council Bill 2012-246 was read and voted on under Resolutions.

 

 

Missouri On-The-Job Training Grant

Sponsor: Rush.  Council Bill 2012-247.A special ordinance authorizing the City Manager, or his designee, to accept from the State of Missouri, for use by the Department of Workforce Development, a Missouri on-the-job training program grant, funded through the State of Missouri’s 25% Dislocated Worker fund; enter into necessary agreements to carry out the grant including the appointment of a temporary employee in the Department of Workforce Development; amend  the budget of the Department of Workforce Development for Fiscal Year 2012-2013, in the amount of $75,000; and declare an emergency.

 

 

 

Council Bill 2012-247.  Special Ordinance 26113 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

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

 

 

General Aviation Apron Re-Construction – Design Phase

Sponsor: Compton.  Council Bill 2012-225. A special ordinance authorizing the City Manager, or his designee, to execute a contract between the City of Springfield (City) and the Missouri Highways and Transportation Commission (MHTC), providing for a grant of funds under Section 305.230, RSMo., to the City, by and through the Springfield-Branson National Airport Board (Airport Board), in the amount of $310,606 to assist in the design phase, of the General Aviation Apron Re-construction at the Springfield-Branson National Airport, and amending the budget of the Airport Board in the amount of $310,606.

 

 

 

Council Bill 2012-225.  Special Ordinance 26114 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Intergovernmental Agreement with OTC

Sponsor: Burlison.  Council Bill 2012-230. A special ordinance authorizing the City Manager, or his designee, to enter into an Intergovernmental Agreement with Ozarks Technical Community College (OTC) for the purpose of providing cooperative training between the Fire Department and OTC.

 

 

 

Council Bill 2012-230.  Special Ordinance 26115 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Consolidated Police Records Management System

Sponsor: Rushefsky.  Council Bill 2012-231. A special ordinance authorizing the City Manager, or his designee, to enter into an agreement with Greene County, Missouri, for the use of a consolidated Police Records Management System.

 

     

 

Council Bill 2012-231.  Special Ordinance 26116 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Amending the General Fund Budget

Sponsor: Bailes.  Council Bill 2012-232. A special ordinance amending the General Fund budget for the City of Springfield, Missouri, for Fiscal Year 2011-2012, increasing revenue and expenses by $654,946, and reallocating unexpended appropriations between departments.

 

 

 

Council Bill 2012-232.  Special Ordinance 26117 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

Interlocal Agreement with the City of Republic

Sponsor: Stephens.  Council Bill 2012-233. A special ordinance authorizing the City Manager, or his designee, to enter into an Interlocal Agreement with the City of Republic to create a task force to combat cyber crimes that target children and to share funding from the American Recovery and Reinvestment Act, Multi-Jurisdictional Cyber Crime Grant (MJCCG).

 

 

 

Council Bill 2012-233.  Special Ordinance 26118 was approved by the following vote: Ayes: Burlison, Seifried, Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, and Stephens.  Nays: None. Absent: None. 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

                         

 

                                                         Brenda M. Cirtin, MMC/MPCC

8/27/12 lh

                                                         City Clerk