September 15, 2008

Springfield, Missouri

	The City Council met in regular session September 15, 2008 in the Council Chambers at City Hall. The meeting was called to order by Mayor Thomas J. Carlson. A prayer was given by Gary Deaver.
Roll Call	Present: Doug Burlison, Gary Deaver, Mary Collette, Dan Chiles, John Wylie, Ralph Manley, Denny Whayne, Cindy Rushefsky, and Mayor Tom Carlson. Absent: None.
Minutes	There being no additions, deletions, or corrections, the minutes of August 25, 2008 were approved as presented.
Consent Agenda	The Consent Agendas were finalized and approved as amended. Brenda Cirtin, City Clerk, informed Council that a request had been made to remove Council Bill 2008-275 from Consent Agenda First Reading Bills. Ms. Cirtin informed Council that Council Bill 2008-275 would become item #18.5 under First Reading Bills. Ms. Cirtin informed Council that a request had been made to remove Council Bill 2008-280 from Consent Agenda One Reading Bills. Ms. Cirtin informed Council that Council Bill 2008-280 would become item #20.5 under Resolutions.
	CEREMONIAL MATTERS
	Sponsor: Carlson. Council Bill 2008-262. A resolution recognizing Michael Leffler for thirty years of dedicated service as an employee of the City of Springfield.
	Gary Deaver, Mayor Pro Tem, read the resolution. Mayor Carlson presented the resolution to Mike Leffler. Mayor Carlson and Marc Thornsberry, Director of Public Works, expressed their gratitude to Mr. Leffler for his years of dedicated service to the City of Springfield.
	Council Bill 2008-262. Resolution 9622 was approved by the following vote: Ayes: Burlison, Deaver, Collette, Chiles, Wylie, Manley, Whayne, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.
	RESPONSES TO QUESTIONS RAISED AT THE AUGUST 25, 2008 COUNCIL MEETING AND CITY MANAGER’S REPORT.
Manager’s Report	Greg Burris, City Manager, responded that all questions had been answered. He expressed his appreciation to Evelyn Honea, Deputy City Manager, and Collin Quigley, Assistant City Manager, for their work during the City Manager hiring process. Mr. Burris gave a brief update on the Tour of Missouri 2008. He expressed his appreciation to the local organizing committee and all City staff and volunteers that made this event so successful this year. He added the event would not have been possible without the sponsorship of Cox Health Systems. Mr. Burris gave a brief update regarding the outcome of an issue proposed for the statewide ballot in November regarding Amendment 2. He noted the proposed amendment 2 would have severely limited the authority of municipalities to control nuisances including roaming dogs, trash in neighborhoods, and smoking in restaurants. Mr. Burris added that since ballot certification failed the issue cannot come back for consideration for two years. Mr. Burris noted the BKD groundbreaking would be held at 10:00 a.m. Wednesday, September 17, at the construction site. Mr. Burris noted the 8^th annual Jordan Valley Resource day was titled “Cycle of Success” and was held on the same day as the Tour of Missouri 2008. He noted City staff provided project updates and discussed upcoming goals with local, state, and federal partners.
	Mayor Carlson expressed his appreciation to everyone involved in the Tour of Missouri event.
	John Wylie noted Zone 2 and Zone 4 would be holding a Town Hall meeting on Thursday, September 18, from 7:00 p.m. to 9:00 p.m. at the Brentwood Library Center.
	Mary Collette welcomed Greg Burris to his first council meeting as City Manager.
	Mr. Wylie moved to add Council Bill 2008-274 Substitute No.1 to the agenda to replace Council Bill 2008-274. Mr. Manley seconded the motion and it was approved by the following vote: Ayes: Burlison, Deaver, Collette, Chiles, Wylie, Manley, Whayne, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.
	Ms. Cirtin informed Council that attachments were not included in the original Council Bill 2008-265. Ms. Cirtin noted the revised bill was given to Council this evening and would be uploaded to the internet tomorrow morning.
	The following bills appeared on the agenda under Public Hearing Bills.
	Council Bills 2008-263 and 2008-264 were read together and comment was taken for both issues simultaneously.
CU Annual Operating Budget	Sponsor: Carlson. Council Bill 2008-263. A general ordinance to approve the City Utilities Annual Operating Budget for the Fiscal Year ending September 30, 2009.
Establishing Gas Rates	Sponsor: Carlson. Council Bill 2008-264. A general ordinance to approve establishing gas rates and repealing previously established gas rates.
	Lisa Officer, Chair of the Management and Finance Committee-Board of Public Utilities, gave a brief description of the proposed bills. She noted the proposed budget was unanimously approved by the Board of Public Utilities on August 28, 2008. She added the proposed budget identifies and prioritizes the funding requirements and resource commitments necessary to responsibly comply with the City Charter and is consistent with City Utilities strategic business plan and scorecard. Ms. Officer noted several study sessions have been held with Council and the Board of Public Utilities. She added the proposed budget includes an anticipated fuel increase of $ 48.6 million over the next year. Ms. Officer noted the proposed budget also includes $1,195,000 for energy conservation costs.
	Mr. Wylie noted Ms. Officer had experience, as an accountant, with auditing public utilities. Mr. Wylie asked Ms. Officer if she believed the utility was managed properly. Ms. Officer responded affirmatively. Mr. Whayne asked for clarification regarding the passing of the proposed Northern Star rate increase. Ms. Officer responded the increase had passed, but is being appealed by the Federal Regulatory agency, which could take up to two years. Mr. Whayne asked if refunds would be issued on utility bills if the appeal was upheld. Ms. Officer responded affirmatively. Ms. Rushefsky asked for clarification regarding the progress of the deliberations for the proposed loan program. Ms. Officer responded she would prefer it not be titled a loan, but be more of a program to help eligible citizens with improvements to their home such as insulation. Mr. Chiles discussed the current economic situation in contrast to the economy 10 years ago. Mr. Deaver noted some of the rebates available to citizens for energy efficient upgrades to their homes.
	An opportunity was given for citizens to express their views on Council Bill 2008-263 and Council Bill 2008-264.
	The following citizens spoke in support of the proposed Council Bills: Robert Burnett, 3044 East Belmont; Carl Jansen, 782 East Canterbury; Bruce Brown, 4127 East Emerald Lane; Bob Norton, 542 Wild Rose Loop; Steve Woodall, 1010 Iron Bridge Circle; Ron Reynaud, 3502 East Cooper Boulevard; Joe Jenkins, 1902 South Farm Road 193; Johnnie Nichols, 784 Fallbrooke Terrace; and Kerry Bodenhausen, 4321 South Elmview. The citizen’s expressed their belief that the proposed increase was necessary for continued receipt of this essential service.
	The following citizens spoke in opposition of the proposed: Carl Herd, 448 South Main; Tom Martz, 517 West Talmage; Alice Rainbolt, 4716 South Kelly Avenue; Donna K., Springfield; Fred Ellison, 1515 North Broadway; Fred Hamburg, 1926 South Brittany Place. The citizens raised concerns that with the current economic situation, this was not the proper time for an additional rate increase.
	With no further appearances, the public hearing was closed.
	Mr. Manley expressed his support of the proposed and expressed his appreciation to all citizens who spoke this evening, as well as City Utilities’ staff.
James River Commons Community Improvement District	Sponsor: Manley. Council Bill 2008-265. A special ordinance approving a First Amended and Restated Petition to the City of Springfield, Missouri, With Respect to the James River Commons Community Improvement District; authorizing the City Manager, or his designee, on behalf of the City to execute an Amended and Restated Cooperative Agreement among the City, the James River Commons Community Improvement District, and TKG-RKS Joint Venture, L.L.C.; and authorizing the execution of documents and the taking of actions consistent therewith.
	Mike MacPherson, Planning Department, gave a brief description of the proposed. He noted the proposed would amend and restate a petition related the James River Commons Community Improvement District (CID). Mr. MacPherson noted the CID was originally formed by Special Ordinance 24910. He added the proposed primary change is that the life of the CID would be extended from 2030 to 2035, to allow flexibility and the ability to potentially refinance bonds that the CID anticipates issuing later this year to fund future projects. Mr. MacPherson noted staff recommends approval.
	Craig Van Matre, attorney for the developer, noted he was available to answer questions, if necessary. An opportunity was given for citizens to express their views.
	Fred Ellison, 1515 North Broadway, asked for clarification regarding the proposed additional 1% sales tax in the district to pay back bonds that are issued for development costs. Mr. Van Matre responded the bonds that would be issued were strictly based on the revenues generated by this project. He added the proposed bonds would not be associated with the credit of the City of Springfield, but with the credit of the developers.
	With no further appearances, the public hearing was closed.
200 Block West Phelps Street	Sponsor: Rushefsky. Council Bill 2008-266. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 0.44 acres of land in two tracts generally located on the north side of the 200 block West Phelps Street, more particularly described in this ordinance, from an HM, Heavy Manufacturing District, to a CC, Center City District, subject to conditions. (Planning and Zoning Commission and staff recommend approval.) (By: Jordan Valley Properties, Inc.; North side 200 block West Phelps Street; Z-25-2008.)
	Mr. MacPherson gave a brief description of the proposed. He noted the Center City Activity Center, which this property is located within, promotes a mix of high intensity uses including multi-family housing as has been proposed by the applicant. He added the proposed rezoning would provide flexibility for this site to redevelop, as recommended by the comprehensive plan. Mr. MacPherson noted the proposed is also part of a campus under development, known as the Jordan Valley Innovation Center. He added it is anticipated to appeal to the creative class, which would be represented in this area. Mr. MacPherson noted staff and the Planning and Zoning Commission both recommend approval.
	Mr. Wylie noted Phyllis Ferguson, Chair-Planning and Zoning Commission, was in attendance this evening. Mr. Wylie asked for an aerial view of the properties from Mr. MacPherson. Mr. Burlison asked for clarification regarding staff comments regarding design concerns on Phelps Street. Mr. MacPherson responded these concerns would be addressed as a condition of the rezoning.
	An opportunity was given for citizens to express their views. Fred Ellison, 1515 North Broadway, spoke in opposition of the proposed. He expressed his concern regarding Center City rezoning. With no further appearances, the public hearing was closed.
	Mayor Carlson requested the names of all principle borrowers be included on each application, instead of just the company name.
300 S. John Q. Hammons Parkway	Sponsor: Rushefsky. Council Bill 2008-267. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 3.5 acres of land located at 300 S. John Q. Hammons Parkway, more particularly described in this ordinance, from Planned Development District No. 18 to a CC, Center City District, subject to conditions. (Planning and Zoning Commission and staff recommend approval.) (By: Revocable Trust of John Q. Hammons; 300 S. John Q. Hammons Parkway; Z-24-2008.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed request would be a clean-up phase to accommodate the development of the BKD facility. He added the proposed would include a pedestrian easement to allow future pedestrian access along the property. Mr. MacPherson noted staff and the Planning and Zoning Commission recommend approval.
	An opportunity was given for citizens to express their views. With no appearances, the public hearing was closed.
5021 S. National Avenue	Sponsor: Wylie. Council Bill 2008-268. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 1.1 acres of land generally located at 5021 S. National Avenue, more particularly described in this ordinance, from Planned Development District No. 110 to Planned Development District No. 328. (Planning and Zoning Commission and staff recommend approval.) (By: Ryan Tiller, dba, Dining by Design; 5021 South National Avenue; Planned Development 328.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed would allow for a banquet facility, allow to serve liquor by the drink, and allow a catering business at the subject location. Mr. MacPherson noted the proposed would prohibit the sale of gasoline and not allow any outdoor activities on the site. He added the neighborhood association is in favor of the proposed development. Mr. MacPherson noted staff and the Planning and Zoning Commission both recommend approval. Mr. Wylie expressed his appreciation to the applicant for coming to an agreement that would work for the neighborhood, as well as the applicant.
	An opportunity was given for citizens to express their views. With no appearances, the public hearing was closed.
Use Permit/2000 Block West Kingsley Street	Sponsor: Manley. Council Bill 2008-269. A special ordinance authorizing the issuance of a "Use Permit" for a self-service storage facility in a GR, General Retail District, generally located at the 2000 block West Kingsley Street on certain conditions. (Planning and Zoning Commission and staff recommend approval.)
	Mr. MacPherson gave a brief description of the proposed. He noted the proposed would locate a self storage unit facility adjacent to a long term stay motel facility located on the same property. Mr. MacPherson noted the proposed would be climate controlled and be a multi-level facility.
	An opportunity was given for citizens to express their views. With no appearances the discussion was closed.
	Mr. Wylie moved to amend Council Bill 2008-270 by deleting E.1 on Page 43 of the proposed Council bill. Mayor Carlson asked for clarification regarding why the proposed was being amended. Mr. MacPherson gave a brief description of the proposed amendments. Mayor Carlson asked if anyone in attendance was opposed to the proposed amendments. With no response, Mr. Manley seconded the motion and it was passed by the following vote: Ayes: Burlison, Deaver, Collette, Chiles, Wylie, Manley, Whayne, Rushefsky, and Carlson. Nays: None. Abstain: None. Absent: None.
3810 East Sunshine Street	Sponsor: Rushefsky. Council Bill 2008-270. A general ordinance amending the Springfield Land Development Code, Section 1-1600, Zoning Maps, by rezoning approximately 2.17 acres of land generally located at 3810 East Sunshine Street, more particularly described in this ordinance, from a County R-1 zoning district to an O-1, Office District; and establishing Conditional Overlay District No. 8. (Both Planning and Zoning Commission and staff recommend approval.) (By: Christian Church of Mid-America, Inc.; 3810 East Sunshine Street; Z-18-2007 & Conditional Overlay #8.)
	Mr. MacPherson gave a brief description of the proposed. He noted the subject property was annexed in November 2007. He added the applicants original application was remanded by Council back to the Planning and Zoning Commission. Mr. MacPherson noted the application was then tabled by the Planning and Zoning Commission due to a vote of 4-4. He added the applicant then revised the application to exclude the southern portion of the property. Mr. MacPherson noted staff and the Planning and Zoning Commission both recommend approval. Ms. Cirtin noted she had received a protest petition regarding this rezoning, however, a letter was received today rescinding said petition.
	An opportunity was given for citizens to express their views. Ken Schwab, 5228 Stoneridge Lane, spoke in support of the proposed. He noted 100% of the neighbors adjacent to this property are supportive of the proposed. Mr. Schwab noted the proposed buffer-yard is 150% larger than required by code. Teresa Schwab, 5228 Stoneridge Lane, spoke in support of the proposed. She reiterated Mr. Schwab’s comments and noted she was available to answer questions. Ms. Collette asked for a view of the actual property being rezoned. Mr. MacPherson responded by pointing out the proposed property on the available map. Jim Brandenburgh, CFO-Empire Bank, spoke in support of the proposed. He noted his company would be building on the proposed site. Mr. Brandenburgh noted the character of the neighborhood would be maintained with the architecture of the new building. Fred Hamburg, 1926 South Brittany Place, spoke in support of the proposed, but reiterated his opposition, on behalf of the neighborhood, regarding the southern portion being rezoned for single family. Mr. Manley expressed his support of the proposed. He commended the Schwab’s for their commitment to this project. Mr. Wylie noted the feedback he had received from the neighborhood was positive. With no further appearances, the public hearing was closed.
	The following bills appeared on the agenda under First Reading Bills.
Sale of Jordan Valley Car Park	Sponsor: Manley. Council Bill 2008-271. A special ordinance authorizing the City Manager and the Mayor to execute on behalf of the City certain documents necessary to complete the sale of the Jordan Valley Car Park and certain adjacent land as contemplated
	by the Development Agreement and the Real Estate Purchase Agreement, both between the City and John Q. Hammons Revocable Trust Dated December 28, 1989, as Amended and Restated, and both dated as of May 20, 2008 and previously approved by the City Council of the City; authorizing the execution of documents necessary to release the property to be conveyed from encumbrances related to outstanding bonds and other encumbrances and to satisfy the conditions of the Development Agreement and Real Estate Purchase Agreement as deemed necessary by the City Manager or the Mayor as applicable; and authorizing the execution of documents and the taking of actions consistent therewith; and declaring an emergency.
	Mary Lilly Smith, Economic Development Director, gave a brief description of the proposed. She noted the proposed would authorize the City Manager to execute several documents necessary to implement the sale of the arena site and Jordan Valley Car Park to John Q. Hammons, pursuant to the development agreement executed earlier this year. Ms. Smith noted the proposed was characterized as an emergency bill, but any necessary changes can be made between now and the second reading and vote on September 29, 2008.
	An opportunity was given for citizens to express their views. With no appearances, the discussion was closed.
Fair Grove’s Emergency Storm Sirens	Sponsor: Carlson. Council Bill 2008-272. A special ordinance authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an agreement with the City of Fair Grove whereby Springfield, through its Springfield-Greene County Emergency Management Department, will remotely operate Fair Grove’s emergency storm sirens.
	Larry Woods, Assistant Director of Emergency Management, gave a brief description of the proposed. He noted the proposed agreement would allow the City to activate two outdoor warning sirens in the City of Fair Grove in the event of storms or tests.
	Mr. Burlison asked for clarification regarding the location of the proposed sirens. Mr. Woods responded they are located in the City of Fair Grove and are owned and maintained by the City of Fair Grove.
	Ms. Collette asked for clarification regarding the need for additional equipment to operate the sirens remotely. Mr. Woods r