September 24, 2012

                                                            Springfield, Missouri

 

 

The City Council met in regular session September 24, 2012 in the Council Chambers at City Hall.  The meeting was called to order by Mayor Bob Stephens.  A prayer was given by Jerry Compton.

 

 

Roll Call 

 

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

 

 

Minutes 

The minutes of September 10, 2012 were approved as presented.

 

 

 

Mayor Stephens recognized Boy Scout Troop #235 who were in attendance working towards their community service badge.

 

 

Consent

Agenda

The Consent Agendas were finalized and approved as amended.

 

Anita Cotter, Assistant City Clerk, informed Council that Council Bill 2012-276 would be removed from Consent Agenda First Reading Bills.  She added Council Bill 2012-276 would become Item #12.5 under Resolutions.

 

Ms. Cotter informed Council that a request had been made to add the following bills to this agenda: Council Bill 2012-287 and Council Bill 2012-286.  She added Council Bill 2012-287 would become Item #4.5 under Ceremonial Matters and Council Bill 2012-286 would become Item #13.5 under Emergency Bills.  With no objections from Council the aforementioned bills were added to this agenda.

 

 

 

CITY MANAGER REPORT AND RESPONSES TO QUESTIONS RAISED AT THE SEPTEMBER 10, 2012 MEETING.

 

 

 

Greg Burris, City Manager, responded all questions had been answered.   He noted Council has received responses to their questions regarding the marijuana issue, from Paul Williams, Chief of Police, Dan Patterson, Greene County Prosecutor, and Carl Yendes, Assistant City Attorney. He added these letters were also posted on the City’s homepage at www.springfieldmo.gov. Mr. Burris expressed his appreciation to the various Fire Departments that helped the Springfield Fire Department today.  He added departments from Rogersville, Republic, and Nixa covered local fire stations while they were putting out two large fires at the same time this morning.  Mr. Burris congratulated County Commissioner Harold Bengsch on his receipt of the Dr. John P. Ferguson award from the Child Advocacy Center.  He added this award is presented to a group or individual who demonstrates a true passion for helping and advocating for abused children.  Mr. Burris noted there are four bills on the agenda that relate to priorities Council has mentioned in the past.  He added these bills will improve railroad crossings, fund a bridge replacement, and a diverging diamond interchange.   Mr. Burris noted the City has settled a lawsuit regarding E-Verify.  He added the suit was filed by four Springfield businesses and they were contending the ordinance proposed by the Ozarks Minutemen was unconstitutional and in violation of Federal and State law.  Mr. Burris noted the City’s Law Department defended what they thought where the legal parts of the ordinance.  He added the current agreement leaves intact only a small portion of the ordinance.  Mr. Burris noted as part of the agreement the City has agreed to pay $45,350 in attorney’s fees and court costs. He added the Law Department will bring forward a “clean-up” bill to bring the current ordinance in compliance with this judgment.  Mr. Burris presented Council with a memo regarding the creation of Park Central Square Task Force. He added he has worked with downtown businesses and the Urban Districts Alliance to identify a set of issues and concerns regarding the Park Central Square.  This task force will be charged with reviewing those issues and concerns and preparing a report by the end of this year.

 

Mr. Burris displayed a PowerPoint presentation listing the commitments Council made in regards to the Police Fire Pension tax and how those commitments are being met. *(A copy of this presentation is available in the City Clerk’s office.)

 

 

 

CEREMONIAL MATTERS   

 

 

Robin Melton

Sponsor: Stephens.  Council Bill 2012-287. A resolution recognizing Robin Melton for her service to the City of Springfield and the community.

 

                 

 

Greg Burris, City Manager, noted Robin Melton served as the co-chair of the Strategic Planning Coordinating Committee.  He expressed his belief that Ms. Melton was an incredible community leader and business leader.

 

Mayor Pro Tem Seifried read the resolution in its entirety. 

 

 

 

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

 

 

 

Council Bill 2012-287.  Resolution 9991 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

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

 

 

Bears Crossing Apartments Redevelopment Plan and Blight Report

Sponsor: Rushefsky.  Council Bill 2012-271. A special ordinance adopting the Bears Crossing Apartments Redevelopment Plan and Blight Report for an area generally located at the northeast corner of South National Avenue and East Belmont Street. (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 State Law requires the adoption of the plan and then those consistent with the plan are entitled to 100% property tax abatement on the new improvements for a period of 10 years.  She added this property currently contains an older home that was built as a single-family residence, and is currently being used as an 11-unit apartment building.  Ms. Smith noted the site does exhibit signs of deterioration including: a crumbling foundation; sections of interior walls missing; uneven settling; unsanitary and unsafe conditions or conditions that threaten life and property.  She added the proposed plan would remove the blight by demolishing the structure and constructing a new four-story apartment building that would include 8, 4 bedroom units.  Ms. Smith noted the proposed would be a student housing project that will not only comply with standard zoning regulations but also with those regulations included in the Roundtree Urban Conservation District.  Ms. Smith displayed a layout of the project on the overhead projector.  She noted there will be a landscape buffer between the proposed and the neighborhood.  Ms. Smith noted the location of the proposed is conducive to pedestrian access to the University.

 

Councilman Burlison asked if the proposed is near a historic district.  Ms. Smith responded the nearest historic district would be Walnut Street, which begins at Walnut and National and then radiates both ways.  She added the proposed is located in the Roundtree Neighborhood District, but it is designated as an urban conservation district not a historic district.

 

Councilman Bieker asked if the proposed meets all bulk plane height requirements.  Ms. Smith responded affirmatively.

 

Mayor Stephens expressed his support of the proposed.

 

Mayor Pro Tem Seifried expressed his support of the proposed.

 

 

 

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

 

 

Rezoning: 4800 W. Kearney Street

Sponsor: Seifried.  Council Bill 2012-272. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.07 acres of property, generally located at 4800 West Kearney Street, from an IC, Industrial Commercial District, to an HM, Heavy Manufacturing District.  (Both Planning and Zoning Commission and staff recommend approval.)  (By:  Harvey A. Flacks, trust; 4800 W. Kearney Street; Z-11-2012.)

 

 

 

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed.  He noted the proposed would be a towing business that would include a temporary storage of cars that have been towed.  He added that is currently not allowed under the current zoning, which prompted the request to rezone this property to a heavy manufacturing district.  Mr. Rognstad 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.

 

 

Use Permit: Brewery located at 505 W. Commercial Street

Sponsor: Seifried.  Council Bill 2012-273. A general ordinance authorizing the issuance of a "Use Permit" for a brewery located at 505 West Commercial Street, in a COM-Commercial Street Zoning District, on certain conditions.  (Planning and Zoning Commission and staff recommend approval.)

 

 

 

Ralph Rognstad, Director of Planning and Development, gave a brief overview of the proposed.  He noted the proposed would allow for a brewery on Commercial Street.   He added a use permit for this location has been approved twice, but due to circumstances on the private side, the project did not happen and the use permits expired after 18 months.   Mr. Rognstad noted the issues have been corrected and the Planning and Zoning Commission and staff recommend approval.

 

 

 

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

 

 

 

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

 

 

 

The following bills appeared on the agenda under Resolutions.

 

 

Investment Policy Statement: Springfield Police Officers and Firefighters Retirement Fund

Sponsor: Rushefsky.  Council Bill 2012-274. A resolution adopting the revised Investment Policy Statement of investment policies and objectives prepared and approved by the Board of Trustees of the Springfield Police Officers’ and Firefighters’ Retirement Fund.

 

 

 

Janell Manley, Executive Director of the Police Fire Pension Fund, gave a brief overview of the proposed.  She noted the investment policy was approved by Council in July, 2012; however, the entire policy was not attached to the original bill.  She added the proposed will clarify the entire policy.   

 

 

 

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

 

 

 

Council Bill 2012-274.  Resolution 9992 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Downtown Mall

Sponsor: Rush.  Council Bill 2012-276. A general ordinance amending Chapter 82 Parks and Recreation, Article II Park Central Square, Division 2 Downtown Mall, Section 82-64, Use restrictions on service streets, to allow delivery and service vehicles to park in the service streets for a period not to exceed 30 minutes during the hours between 9:00 a.m. and 5:00 p.m. while making deliveries or providing services.

 

 

 

Paul Williams, Chief of Police, gave a brief overview of the proposed.  He noted the current ordinance states that service delivery vehicles can park on the street between 10:00 p.m. and 6:00 a.m.  He added the current ordinance has created hazards for officers during the evening hours when the service vehicles are parked and officers are trying to get through in emergency situations.  Chief Williams noted staff met with the Urban Districts Alliance, the Downtown Community Improvement District, and many downtown businesses and came up with the agreement included in the proposed.  He added the proposed states that all deliveries can be made between 9:00 a.m. and 5:00 p.m.  Chief Williams noted the proposed will help leave streets open for Police and Fire vehicles during overnight hours.

 

Mayor Stephens noted he asked to have this item removed from the Consent Agenda.  He asked what was being done to address service delivery vehicles that block traffic on the square.  Chief Williams responded service delivery vehicles are restricted on the square and that should not be an issue.

 

 

 

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

 

 

 

Anita Cotter, Assistant City Clerk, informed Council that Council Bill 2012-276 was inadvertently placed under Resolutions and should actually be a First Reading Bill.  She noted a vote would be taken at the next Council meeting on the aforementioned bill.

 

 

 

The following bills appeared on the agenda under Emergency Bills.

 

 

United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives

Sponsor: Stephens and Rushefsky.  Council Bill 2012-286. A special ordinance authorizing the City Manager, or his designee, to enter into a Memorandum of Agreement with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, and declaring an emergency.

 

 

 

Paul Williams, Chief of Police, gave a brief overview of the proposed.  He noted every five years staff brings this agreement to Council for renewal.  He added the Springfield Police Department has a very positive relationship with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Chief Williams noted two officers are assigned to the ATF Task Force, which allows the department access to their resources and they pay overtime for investigations they adopt.  He added these investigations target repeat violent offenders.  Chief Williams noted this bill is an emergency because the current agreement expires September 27, 2012.

 

Councilman Burlison asked what types of investigations are handled through this task force.  Chief Williams responded the vast majority of the investigations target those involving illegal firearms, or crimes using firearms, and repeat criminal offenders that are found to present a danger to the citizens of Springfield.

 

 

 

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

 

 

 

Council Bill 2012-286.  Special Ordinance 26126 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

Mayor Stephens congratulated the local television stations and personalities that received Emmy awards last night.

 

 

 

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.

 

 

Annexing: 200 and 1600 Blocks of N. Airport Blvd and 5200 and 5800 Blocks of W. Chestnut Street

Sponsor: Seifried.  Council Bill 2012-249. A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City Limits, by annexing approximately 3.30 acres of City-owned property and approximately 34.89 acres of Greene County, MODOT, and City right-of-way contiguous with the existing city limits, located generally between the 200 and 1600 blocks of North Airport Boulevard and the 5200 and 5800 blocks of West Chestnut Street (formerly Chestnut Expressway) including portions of State Highway EE, Farm Road 107, Farm Road 124, Chestnut Expressway, Haseltine Avenue and Trailview Road, more fully described in this ordinance, generally referenced as Annexation A-1-12; and amending Springfield City Code, Chapter 46, Section 46-1, Boundaries of wards, precincts and council zones, by adding this property to the ward and precinct assigned by the County Clerk.

 

 

 

Council Bill 2012-249.  General Ordinance 6012 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Annexing: 2300 and 2700 Blocks of S. Blackman Rd. and 3600 and 3800 Blocks of E. Battlefield Rd.

Sponsor: Bailes.  Council Bill 2012-250. A general ordinance amending Springfield City Code, Chapter 1, Section 1‑9, City Limits, by annexing approximately 6.1 acres of Greene County right-of-way contiguous with the existing city limits, located generally between the 2300 and 2700 blocks of South Blackman Road, and the 3600 and 3800 blocks of East Battlefield Road, more fully described in this ordinance, generally referenced as Annexation A-2-12; and amending Springfield City Code, Chapter 46, Section 46-1, Boundaries of wards, precincts and council zones, by adding this property to the ward and precinct assigned by the County Clerk.

 

 

 

Council Bill 2012-250.  General Ordinance 6013 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

Council Bill 2012-252 and Council Bill 2012-253 were read and voted on simultaneously.

 

 

Hotel-Motel Tax Revenues

Sponsor: Burlison.  Council Bill 2012-252. A special ordinance reallocating a portion of the Hotel-Motel Tax revenues toward reducing the City’s General Fund debt subsidy associated with Hotel-Motel Tax projects and non-profit projects, creating the Hotel-Motel Tax Reallocation Committee to manage the grant award process, and amending the budget of the City of Springfield for Fiscal Year 2012-2013 in the amount of $327,901.

 

 

Hotel-Motel Tax Revenues

Sponsor: Compton.  Council Bill 2012-253. A special ordinance reallocating a portion of the Hotel-Motel Tax revenues toward reducing the City’s General Fund debt subsidy related to Hotel-Motel Tax projects, and amending the budget of the City of Springfield for Fiscal Year 2012-2013 in the amount of $702,501.

 

 

 

Councilman Compton reminded everyone that Council sponsorship of a bill does not necessarily mean they support it.  He added bills are assigned by Council Zone, special interest, or randomly. 

 

Councilman Rush expressed his support of Council Bill 2012-253.  He expressed his belief that the subsidy from the general fund would increase annually and reach an unacceptable amount by 2022.  He expressed his belief that the funds should not be split, and 100% of the funds should go into the general fund to cover the subsidy.

 

Councilman Burlison expressed his support of Council Bill 2012-253.  He expressed his belief that the financially responsible thing to do is to put all of the funds in the general fund to cover the subsidy.

 

Mayor Pro Tem Seifried expressed his support of Council Bill 2012-252.  He expressed his belief that Council Bill 2012-252 respects the will of the voters when they passed the tax originally.  He added this issue is not a 12-month issue, but rather a strategy for the future.

 

Councilwoman Rushefsky expressed her support of Council Bill 2012-252.  She expressed her belief that Council Bill 2012-252 is a compromise that balances the intent of the original ballot language with the need to pay off the debt for those things that have not performed as well as expected.

 

Councilman Compton expressed his support of Council Bill 2012-252.  He noted he agrees with the comments made by Mayor Pro Tem Seifried and Councilwoman Rushefsky.  He expressed his belief that Council Bill 2012-252 meets the intent of the tax that was passed by the voters.  He also expressed his belief that this is the most prudent way to keep Springfield growing and follow the intent of the voters.

 

Mayor Stephens expressed his support of Council Bill 2012-252.  He expressed his belief that this Council is working to bring more jobs to Springfield, and when a company looks to locate to a new town they consider what their employees will be encountering when they come to this community.  He also expressed his belief that Council Bill 2012-252 meets the intent of the original ballot language.

 

 

 

Council Bill 2012-252.  Special Ordinance 26127 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Seifried, Bieker, and Stephens.  Nays: Rush and Burlison. Absent: None. 

 

 

 

Council Bill 2012-253 failed due to the passage of Council Bill 2012-252.

 

 

 

The following Council Bills were read and voted on simultaneously: 2012-254, 2012-255, 2012-256, and 2012-257.

 

 

Marijuana Issue: Repeal

Sponsor: Rush, Seifried, Compton, and Fisk.  Amended Council Bill 2012-254. A general ordinance repealing General Ordinance No. 6011.  (Initiative Petition decriminalizing marijuana.) 

 

 

Marijuana Issue: Removes Expungement Provision and Citizens Oversight Committee, Increases fine to $450

Sponsor: Stephens.  Amended Council Bill 2012-255. A general ordinance amending Chapter 78 of the Code of Ordinances of the City of Springfield, Missouri, by repealing certain provisions of 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.  (Removes expungement provision and Citizens Oversight Committee and increases fine to $450.00.) 

 

 

Marijuana Issue: Removes Expungement Provision and Citizens Oversight Committee

Sponsor: Stephens.  Amended Council Bill 2012-256. A general ordinance amending Chapter 78 of the Code of Ordinances of the City of Springfield, Missouri, by repealing certain provisions of 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.  (Removes expungement provision and Citizens Oversight Committee.) 

 

 

Marijuana Issue: Removes Citizens Oversight Committee

Sponsor: Burlison.  Council Bill 2012-257. A general ordinance amending Chapter 78 of the Code of Ordinances of the City of Springfield, Missouri, by repealing certain provisions of 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.  (Removes Citizens Oversight Committee.) 

 

 

 

Councilman Rush expressed his support of the repeal.  He recommended citizens go to the City’s website and read the letters from Paul Williams, Police Chief, Dan Patterson, Greene County Prosecuting Attorney, and Carl Yendes, Assistant City Attorney.  He expressed his belief that the citizens who spoke out in support of the marijuana issue were sincere, but did not present valid reasons to have such legislation.  Councilman Rush also expressed his belief that many of the issues brought forward by citizens have already been handled within the City and Greene County.  He expressed concern that the initiative petition regarding this issue was “poorly conceived” and “legally flawed”.

 

Councilman Burlison expressed his belief that the decriminalization of marijuana could be of great benefit to the community.  He added if “you are the one that’s on the other end of the handcuffs; legislation like this becomes very important.”  Councilman Burlison expressed his belief that many citizens are affected by the City’s current policies in regards to cannabis.  He also expressed his belief that Federal legislation in regards to marijuana is based on faulty information.  Councilman Burlison implored his colleagues to not repeal General Ordinance 6011.

 

Councilwoman Rushefsky asked Anita Cotter, Assistant City Clerk, to read the City Council Oath of Office. Ms. Cotter read the oath in its entirety. 

 

Councilwoman Rushefsky expressed her belief that each of the proposed ordinances regarding this issue would force Council to violate their oath, because they would essentially be ignoring State Law and encouraging/mandating the Police Department to do the same.

 

Councilman Compton asked Dan Wichmer, City Attorney, for clarification regarding the legalities of marijuana/cannabis use.  Mr. Wichmer responded it is a Schedule 1 Controlled Substance under Federal Law and is therefore a crime under State Law as well.

 

Councilman Compton expressed his support of the repeal.  He expressed his belief that upholding General Ordinance 6011 sends a poor message to citizens and youth as to which laws they need to obey.

 

Councilman Burlison expressed his concern regarding the Federal Government having the constitutional right to prosecute a “war on drugs”.    He added when Federal Law is in violation of the constitution, he will “go with” the constitution.

 

Mayor Pro Tem Seifried expressed his support of the repeal.  He expressed his belief that Springfield is “family friendly” not “drug friendly”.  He also expressed his belief that it is Council’s role and responsibility to make sure those values are protected for the citizens in the community.

 

Councilman Bailes expressed his support of Amended Council Bill 2012-255.  He expressed his belief that it would not be appropriate for Council to repeal General Ordinance 6011.

 

Councilman Burlison asked for clarification regarding the voting process on the proposed.  Dan Wichmer, City Attorney, responded a vote will be taken for Amended Council Bill 2012-254.  If that bill is approved the other bills relating to this issue will automatically fail and Council Bill 2012-254 fails then each bill will have to be taken individually.

 

Mayor Stephens expressed his support of the repeal.  He noted he agrees with comments made by Councilwoman Rushefsky regarding the legalities of the proposed and the role that Council must play in the community.

 

 

 

Amended Council Bill 2012-254.  General Ordinance 6014 was approved by the following vote: Ayes: Compton, Fisk, Rushefsky, Rush, Seifried, Bieker, and Stephens.  Nays: Bailes and Burlison. Absent: None. 

 

 

 

Amended Council Bill 2012-255 failed due to the passage of Council Bill 2012-254.

 

 

 

Amended Council Bill 2012-256 failed due to the passage of Council Bill 2012-254. 

 

 

 

Amended Council Bill 2012-257 failed due to the passage of Council Bill 2012-254. 

 

 

Land Development Code

Sponsor: Bieker.  Council Bill 2012-262. A general ordinance submitting that Chapter 36 of the Springfield City Code, known as the Land Development Code, be amended by repealing Sub-Article XII, Technical Codes, Administration, and Enforcement in its entirety, and enacting in lieu thereof a new Sub-Article XII, Technical Codes, Administration, nd Enforcement all pertaining to the same subject matter.

 

 

 

Council Bill 2012-262.  General Ordinance 6015 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

UNFINISHED BUSINESS      

 

 

 

NEW BUSINESS

 

 

 

The City Manager recommended the following appointment to the Building Trades Examination and Certification Board:  Shannon Lee with term to expire October 1, 2015. 

 

 

 

The issue of Legislative Priorities was referred to the Plans and Policies Committee for review.

 

 

 

The issue regarding pseudoephedrine was referred to the Community Involvement Committee for review.

 

 

 

The issue of proposed Charter amendments was referred to the Finance and Administration Committee for review.

 

 

 

Councilman Bieker expressed his belief that the initiative petition process needs to be reviewed further.  Mayor Stephens noted this issue has been referred to the Finance and Administration Committee for additional review.

 

 

 

PETITIONS, REMONSTRANCES, AND COMMUNICATIONS

 

 

 

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

 

 

Contract of Obligation with MO DNR

Sponsor: Stephens.  Council Bill 2012-275. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an amended Contract of Obligation with the Missouri Department of Natural Resources whereby the City agrees to financially secure the future closure and post-closure care of all currently active and previously completed portions of the City’s Sanitary Landfill.

 

 

 

Council Bill 2012-276 was read and discussed earlier in the meeting.

 

 

Supplemental Agreement for Highway/Rail Crossing Improvements

Sponsor: Rushefsky.  Council Bill 2012-277. A special ordinance authorizing the City Manager, or his designee, to enter into a Supplemental Agreement for Highway/Rail Crossing Improvements with the Missouri Highways and Transportation Commission (MHTC) and BNSF Railway Company (BNSF) for the purpose of coordinating participation by the City in the cost of the Glenstone Avenue Grade Crossing Project, US DOT Plan No. 664246G, on Glenstone Avenue between East Lombard Street and East Page Street.

 

 

Cost Share Agreement with MHTC and Greene County: Battlefield Rd and U.S. Hwy 65 Interchange Improvements

Sponsor: Bailes.  Council Bill 2012-278. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Share Agreement with the Missouri Highways and Transportation Commission (MHTC) and Greene County for the purpose of coordinating participation by the City in the cost of the Battlefield Road and U.S. Highway 65 Interchange Improvements, MHTC Project No. 8U0500, and amending the budget of the Public Works Department for Fiscal Year 2012-2013, in the amount of $7,099,952.

 

 

Cost Share Agreement with MHTC and Greene County: Chestnut Expressway Overpass Bridge Improvement

Sponsor: Rushefsky.  Council Bill 2012-279. A special ordinance authorizing the City Manager, or his designee, to enter into a Cost Share Agreement with the Missouri Highways and Transportation Commission (MHTC) and Greene County for the purpose of coordinating participation by the City in the cost of the Chestnut Expressway Overpass Bridge Improvement, MHTC Project No. 8P2196, and amending the budget of the Public Works Department for Fiscal Year 2012-2013, in the amount of $3,159,784.

 

 

Trunked Radio System

Sponsor: Burlison.  Council Bill 2012-280. A special ordinance authorizing City Manager, or his designee, to enter into a Fifth Amendment to the 800 Megahertz (MHz) Trunked Radio System (TRS) Participation Agreement, Contract 2000-0182-05, to allow for establishment of an Operational and Maintenance Reserve Fund and for establishment of a location for a transmitter by Greene County.

 

 

 

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

 

 

Supplemental Agreement for Highway/Rail Crossing Improvements

Sponsor: Rushefsky.  Council Bill 2012-281. A special ordinance authorizing the City Manager, or his designee, to enter into a Supplemental Agreement for Highway/Rail Crossing Improvements with the Missouri Highways and Transportation Commission (MHTC) and BNSF Railway Company (BNSF) for the purpose of coordinating participation by the City in the cost of the National Avenue Grade Crossing Project, US DOT Plan No. 664116K, on National Avenue between Chestnut Expressway and East Trafficway Street, and declaring an emergency.

 

 

 

Council Bill 2012-281.  Special Ordinance 26128 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Accept Grant from the EPA

Sponsor: Fisk.  Council Bill 2012-282. A special ordinance authorizing the City Manager, or his designee, to make application for, enter into, and accept a grant from the Environmental Protection Agency (EPA) for the purpose of obtaining supplemental funds for the Brownfields Revolving Loan Fund, to enter into an agreement with the EPA to accept said grant, to enter into subcontracts to carry out the grant objectives, and declaring an emergency.

 

 

 

Council Bill 2012-282.  Special Ordinance 26129 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Liquor License: Burrito Concepts LLC

Sponsor: Stephens.  Council Bill 2012-283. A resolution granting a liquor license to Burrito Concepts LLC dba Q’doba Mexican Grill located at the southwest corner of Walnut Street and Kimbrough Avenue, Springfield, Missouri.

 

 

 

Council Bill 2012-283.  Resolution 9993 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Sanitary Sewer District No. 235 of Section No. 6

Sponsor: Seifried.  Council Bill 2012-284. A resolution declaring it necessary to construct sanitary sewers in Sanitary Sewer District No. 235 of Section No. 6 in the City, located in the general vicinity of Norton Road at Summit Avenue; providing for payment therefore; and providing for publications and notices.

 

 

 

Council Bill 2012-284.  Resolution 9994 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Adaptive Use of Non-Residential Structures in Residential Districts

Sponsor: Bieker.  Council Bill 2012-285. A resolution to initiate an amendment to the Springfield Land Development Code, Article I, Zoning Ordinance, to consider revising the requirements for Adaptive Use of Non-Residential Structures in Residential Districts with certain restrictions.  (Planning Staff recommends approval.)

 

 

 

Council Bill 2012-285.  Resolution 9995 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

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

 

 

Lantz Housing Redevelopment

Sponsor: Rushefsky.  Council Bill 2012-251. A special ordinance adopting the Lantz Housing Redevelopment Area and Blight Report for an area generally located at 1137 and 1141 East Elm Street.  (The Land Clearance for Redevelopment Authority of the City of Springfield, Missouri, the Planning and Zoning Commission and Staff recommend approval.)

 

 

 

Council Bill 2012-251.  Special Ordinance 26130 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Salary Ordinance

Sponsor: Stephens.  Council Bill 2012-258. A general ordinance amending Chapter 2, Section 2‑92 of the City Code, known as the Salary Ordinance, relating to salary rates and pay grades for various job titles as contained in the Crafts, Trades and Labor and Professional, Administrative and Technical salary schedules, by approving three new job titles and adding six new Full Time Equivalent authorized job positions for the Department of Environmental Services; and amending and adjusting the Fiscal Year 2012-2013 budget of the Department of Environmental Services, to adjust the number of authorized employee positions of the City. 

 

 

 

Council Bill 2012-258.  General Ordinance 6016 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

National Emergency Grant for On-the-Job Training Program

Sponsor: Compton.  Council Bill 2012-259. A special ordinance authorizing the City Manager, or his designee, to accept a National Emergency Grant for an On-the-Job Training Program from the State of Missouri for receipt and use by the Department of Workforce Development; to enter into necessary agreements to carry out the grant; and amend the budget of the Department of Workforce Development for Fiscal Year 2012-2013, in the amount of $58,593.75.

 

     

 

Council Bill 2012-259.  Special Ordinance 26131 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Show Me Heroes On-the-Job Training Grant

Sponsor: Bailes.  Council Bill 2012-260. A special ordinance authorizing the City Manager, or his designee, to accept a Show Me Heroes On-the-Job Training Grant from the State of Missouri, for the receipt and use by the Department of Workforce Development; to enter into necessary agreements to carry out the grant; and amend the budget of the Department of Workforce Development of the City for Fiscal Year 2012-2013, in the amount of $20,000.

 

 

 

Council Bill 2012-260.  Special Ordinance 26132 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

Lease Purchase Transaction: Acquiring Equipment for the Parks Department

Sponsor: Rush.  Council Bill 2012-261. A special ordinance authorizing the City of Springfield, Missouri, to enter into a lease purchase transaction, the proceeds of which will be used to pay the costs of acquiring equipment for the Parks Department, amending the budget provided for the Parks Department in the amount of $630,000, and to do all things necessary to carry out the equipment lease purchase agreement and related escrow agreement, including the execution of certain documents in connection therewith.

 

 

 

Council Bill 2012-261.  Special Ordinance 26133 was approved by the following vote: Ayes: Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, Bieker, and Stephens.  Nays: None. Absent: None. 

 

 

 

Councilwoman Jan Fisk moved City Council hold a closed session to discuss legal actions, causes of action, litigation, privileged and confidential communications, pursuant to Section 610.021 (1), RSMo. 2011 and this meeting, record, and vote be closed and the City Council shall stand adjourned at the end of the closed session.  Mayor Pro Tem Seifried seconded the motion and it was approved by the following vote: Ayes: Bieker, Bailes, Compton, Fisk, Rushefsky, Rush, Burlison, Seifried, and Stephens.  Nays: None. Absent: None.

 

 

 

With no further business to come before Council, the meeting adjourned at approximately 8:00 p.m.

 

 

 

 

 

 

 

 

 

 

 

                         

 

                                                         Anita J. Cotter, CMC/MRCC

9/24/12 lh

                                                         Assistant City Clerk