City Council Summary
November 9, 2009

City Council meetings are held every other Monday at 6:30 p.m. in City Council Chambers, 830 Boonville. The public is invited to attend. For information about addressing Council on an issue, please contact the City Clerk at 417.864.1650 or by e-mail (attention: City Clerk).

The following is a summary of the meeting of October 26, 2009. For official minutes of this meeting, please contact the City Clerk's office.

1. ROLL CALL

   Mayor Jim O’Neal; Mayor Pro Tem Dan Chiles; Zone Councilmembers Scott Bailes, Jerry Compton, Nick Ibarra, and Cindy Rushefsky; and General Councilmembers Doug Burlison, John Rush, and Robert Stephens

2. APPROVAL OF MINUTES. - October 26, 2009.
3. FINALIZATION AND APPROVAL OF CONSENT AGENDAS. CITIZENS WISHING TO SPEAK TO OR REMOVE ITEMS FROM THE CONSENT AGENDAS MUST DO SO AT THIS TIME.

   (Consent agendas were approved.)

4. CEREMONIAL MATTERS
5. RESPONSES TO QUESTIONS RAISED AT THE OCTOBER 26, 2009 MEETING AND CITY MANAGER’S REPORT.

   City Manager Greg Burris said sales tax for November was down 0.11 percent from the same month in 2008. That puts us down 9.65 percent for the first five months of the budget year, compared to the same period last year.

   He said there would be a full second-quarter budget review after the December check comes in.

   He said the second group of city properties is being offered for sale with bids due at 3 p.m., Monday, Nov. 30. There are seven properties in this group, with most of them being single-family residential lots. The properties and bidding details are posted on our Web site homepage.

   He noted that the City has started a new bi-weekly radio program on KWTO. “CityTalk” program airs from 10 to 11 a.m., every other Thursday, on KWTO 560 AM or via the Web on www.radiospringfield.com. The next program will air on Nov. 19.

   Mayor O’Neal asked fellow Councilmembers if they had any comments on the sales-tax election.

   Councilman Nick Ibarra took issue with the use of the terms “winners” and “losers” in describing the outcome of the election. He said this put an additional burden on citizens so it shouldn’t be described as a “victory”.

   Councilman Doug Burlison said if there were any additional tools that the General Assembly could enact to shorten the life of the sales tax, he would encourage the City to do that.

   Mayor Pro Tem Dan Chiles said he felt opening the process up to the Citizens’ Task Force review and increased transparency helped in the passage of the issue.

   Councilman Jerry Compton thanked the Mayor, City Manager, City staff, the Task Force members for their efforts in informing the public. He also thanked the people who raised questions and spoke about the issue, as well as the voters who supported it, so that the City can move onto other issues.

   Mayor O’Neal made a connection between the democratic exercise of voting and the fact that the nation will be observing Veteran’s Day and the people who have fought to protect our right to a democratic election. He expressed his appreciation to the veterans who have served our country.

   Councilman Ibarra said he regrets that we are in the process of losing a generation of veterans from the World War II era and encouraged everyone in the community to thank them for their service.

6. COUNCIL BILLS FOR PUBLIC HEARING.
7. FIRST READING BILLS. CITIZENS MAY SPEAK. NOT ANTICIPATED TO BE VOTED ON.
8. COUNCIL BILL 2009-279. (Ibarra)
   Authorizing the City Manager to execute a contract between the City and the Missouri Highways and Transportation Commission providing for a grant of funds under Section 305.230, RSMo., to the City, by and through its Airport Board, in the amount of $229,500 for an air service project to include regional air service promotion and marketing study updates at the Springfield-Branson National Airport. (No members of the public spoke.)
9. COUNCIL BILL 2009-280. (O’Neal)
   Amending the budget provided for the Public Works Department of the City of Springfield, Missouri, for fiscal year 2009-2010 in the amount of $361,590.46 for the purpose of funding public improvements associated with Partnership Industrial Center – West. (No members of the public spoke.)
   
   

   9.5 COUNCIL BILL 2009-288 (Added to agenda at the meeting.)
   Authorizing amendment of Chapter 78 of the Springfield City Code by amending Section 78-254. Use of bows and arrows, to allow the use of bladed, sharpened, or other hunting-style heads in conjunction with a managedhunt within the City limits on publicly owned property under the direction of the Missouri Department of Conservation. (One member of the public spoke. The public hearing will be extended to second reading on Nov. 23 because the bill was added to the agenda at tonight’s meeting.)

   9.6 COUNCIL BILL 2009-283. (Rushefsky) (Removed from Consent Agenda.)
   Authorizing the City Manager, or his designee, to accept an increase in funding for the Women Infants & Children (WIC) program from Medicaid, in the amount of $87,672.51; to exercise any and all powers to obtain such additional funding; and to amend the budget provided for the Department of Health of the City of Springfield, Missouri, for fiscal year 2009-2010 in the amount of $87,672.51. (No members of the public spoke.)

10. RESOLUTIONS. CITIZENS MAY SPEAK. MAY BE VOTED ON.
11. COUNCIL BILL 2009-281. (Stephens)
    Approving the plans, and construction specifications for the Police Southside Storage Building Project, and accepting the bid of Nesbitt Construction, Inc., for the construction of this project (funded by Equitable Sharing Funds from Drug Investigations). (No members of the public spoke. The bill was approved.)
12. COUNCIL BILL 2009-287. (O’Neal)
    Declaring the results of a Special Election held on the 3rd day of November, 2009, under the Home Rule Charter of the City of Springfield, Missouri. (No members of the public spoke. The bill was approved.)
13. EMERGENCY BILLS. CITIZENS MAY SPEAK. MAY BE VOTED ON.
14. COUNCIL BILL 2009-282. (Chiles)
    Authorizing the City Manager to apply for and accept a grant funded from the American Recovery and Reinvestment Act (ARRA) through the Environmental Protection Agency (EPA), Missouri Department of Natural Resources (MoDNR) and the Ozark Center for Sustainable Solutions to be used to replace existing exhaust systems with Diesel Oxygen Catalyst units on thirty-one (31) Public Works diesel vehicles; to exercise any and all powers to obtain such funding and carry out the identified activities; and amending the budget provided for the Public Works Department of the City of Springfield, Missouri, for fiscal year 2009-2010 in the amount of $49,631 to appropriate federal grant funds; and declaring an emergency. (No members of the public spoke. The bill was approved.)
15. PUBLIC IMPROVEMENTS.
16. GRANTS.
17. AMENDED BILLS.
18. SECOND READING AND FINAL PASSAGE. CITIZENS HAVE SPOKEN. MAY BE VOTED ON. EXCEPT ITEM NO. 24. CITIZENS MAY SPEAK TO AMENDMENT ONLY. MAY BE VOTED ON.
19. COUNCIL BILL 2009-264. (Bailes)
    Amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.1 acres, generally located at 3535 and 3539 South Lone Pine Avenue and 2811 East Galloway Street from an LB, Limited Business District to a GR, General Retail District. (Both Planning and Zoning Commission and staff recommend approval.) (By: Robert Wayne and Jennifer Shelley and Ronald R. and Betty Shelley; 3535 and 3539 South Lone Pine Avenue and 2811 East Galloway Street; Z-13-2009.) (The bill was approved.)
20. COUNCIL BILL 2009-265. (Bailes)
    Amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.38 acres, generally located at 2814 S. Fremont Avenue from an O-1, Office District and R-HD, High Density Multi-Family Residential District to a GR, General Retail District; and establishing Conditional Overlay District No. 30. (Both Planning and Zoning Commission and staff recommend approval.) (By: Kenneth Hamilton & Southwest Community Bank c/o Mark Uhler; 2814 S. Fremont Avenue; Z-12-2009 & Conditional Overlay District #30.) (The bill was approved.)
21. COUNCIL BILL 2009-266. (Rush)
    Amending the Springfield Land Development Code, Division III, Section 3-3600, to allow for a special exception to the height requirement for accessory structures, when the structure will be consistent with the character of the neighborhood, and similar structures in the area. (Both Planning and Zoning Commission and staff recommend approval.) (The bill was approved.)
22. COUNCIL BILL 2009-267. (Rushefsky)
    Amending the Springfield Land Development Code, Zoning Ordinance, Article I, Division II, Section 2-1100, Definitions, Regulations for all zoning districts with respect to Community and Commercial Gardens and Farmers Markets; Section 5-1000, Accessory Uses, for the purpose of providing for Personal Gardens; adding a new Subsection 5-3000 for the purpose of establishing criteria for Community Gardens; and amending said Zoning Ordinance in its entirety, to delete all references to “truck garden” from the Zoning Ordinance. (Planning and Zoning Commission and Staff recommend approval.) (The bill was approved.)
23. COUNCIL BILL 2009-268. (Rushefsky)
    Amending Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 31,151 square feet of land generally located at 1670 South Enterprise, from Planned Development 41 2nd Amendment to Planned Development District No. 332 to permit a kennel operation with overnight boarding. (Both Planning and Zoning Commission and Staff recommend approval.) (By: Jennifer L. Fromme; 1670 S. Enterprise; Planned Development 332.) (The bill was approved.)
24. COUNCIL BILL 2009-269. (O’Neal)
    Amending the General Fund budget for the City of Springfield, Missouri, for the fiscal year 2009-2010, by reducing the budget in the amount of $1,027,541 and reducing the revenue and expense appropriations in the General Fund in the same amount. (The bill was approved.)
25. COUNCIL BILL 2009-271. (Bailes)
    Approving the final development plan of Planned Development District No. 313 generally located at 2245 South Blackman Road. (Planning and Zoning Commission and staff recommend approval.) (The bill was approved.)
    
    

    25.5 COUNCIL BILL 2009-273. (O’Neal) (Removed from Consent Agenda.)
    A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an STP-Urban Program Agreement with the Missouri Highways and Transportation Commission (MHTC) for the purpose of funding, from the MHTC, up to $285,000 for the base salaries of three (3) existing engineers and one (1) existing technician assigned to operate and manage the Transportation Management Center (TMC) for the City of Springfield and one (1) existing traffic data collector that collects traffic data for use in managing the TMC; amending the budget of the City of Springfield Department of Public Works for the fiscal year 2009-2010 in the amount of $285,000. (A motion was made that changed the budget adjustment related to the 20 percent match. The motion was approved. The bill will be held over for second reading on Nov. 23 and the public hearing will be re-opened on the amendment.)

    25.6 COUNCIL BILL 2009-276. (Rushefsky)
    Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to accept additional grant funds in the amount of $5,000.00 from the Missouri Department of Transportation, Division of Highway Safety (MODOT), sobriety checkpoint grant, for the purpose of funding the acquisition of a covered cargo trailer for storage and transportation of sobriety checkpoint equipment; and amending the 2009-2010 budget for the City of Springfield, Missouri Police Department. (The bill was approved.)

26. UNFINISHED BUSINESS.
27. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.
28. NEW BUSINESS.
29. Financial Statement for September 2009.
30. Refer to the Finance and Administration Committee the issue of adjustments to the Municipal Court fee schedule.
31. MISCELLANEOUS.
32. CONSENT AGENDA – FIRST READING BILLS. SEE ITEM #3.
34. CONSENT AGENDA – ONE READING BILLS. SEE ITEM # 3.
35. COUNCIL BILL 2009-284. (O’Neal)
    Consenting to the appointments of Chris Reynolds and Dick Scott and the reappointments of Chris Ball, Jenny Russo, and Ken Chumbley, to serve as members of the Board of Directors of the Downtown Springfield Community Improvement District as submitted by the Nominating Committee and the Board for said District.
36. COUNCIL BILL 2009-285. (Ibarra)
    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. 110 of Section No. 5, in the general vicinity of Missouri Avenue at Woodridge Street, providing for inclusion of said district in the City Sewer Financial Assistance Program, and authorizing the City Clerk to issue special tax bills and deliver the same to the Director of Finance to be registered in his office in accordance with the ordinance.
37. COUNCIL BILL 2009-286. (Compton)
    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. 203 of Section No. 17, in the general vicinity of Melody Lane at Kansas 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 his office in accordance with the ordinance.
38. CONSENT AGENDA – SECOND READING BILLS. CITIZENS HAVE SPOKEN. MAY BE VOTED ON.
39. COUNCIL BILL 2009-272. (Rush)
    Authorizing the Mayor to enter into Memorandum of Understanding for Cooperative Transportation Planning with the Ozarks Transportation Organization, the metropolitan planning organization for the Springfield area, and its member jurisdictions
41. COUNCIL BILL 2009-274. (Ibarra)
    Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an intergovernmental agreement with the City of Republic, Missouri, for the purpose of providing fire protection automatic mutual aid and assistance.
42. COUNCIL BILL 2009-275. (Ibarra)
    Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an intergovernmental agreement with Willard, Missouri Fire Protection District, for the purpose of providing fire protection automatic mutual aid and assistance.
44. Confirm the following appointments to the Industrial Development Authority: Sheila S. Collins with term to expire October 31, 2014; and Patrick Ahlstrand with term to expire October 31, 2015.
45. Confirm the following appointments to the Mayor’s Commission on Human Rights: Kelly Johnson with term to expire October 1, 2011; and George Davis, Gary Thompson, and Greg Greven with terms to expire October 1, 2012.
46. Confirm the following reappointments to the Mayor’s Commission on Human Rights: Carol Zablocki, Katheryne Staeger-Wilson, and Christopher Brown with terms to expire October 1, 2012.

* * * * END OF CONSENT AGENDAS * * * *

47. ADJOURN.