


		for September 29, 2008
		for September 29, 2008

City Council Summary - September 29, 2008

(official Minutes may be obtained by contacting the City Clerk's office)

City Council meetings are held every other Monday at 7 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 864-1650 or e-mail city@springfieldmo.gov (attention: City Clerk).

The following are the results of the meeting of Sept. 29, 2008. Council members in attendance were: Mayor Tom Carlson; Mayor Pro Tem Gary Deaver; Zone Councilmembers Ralph Manley, and Denny Whayne; and General Councilmembers Doug Burlison, Dan Chiles and Mary Collette.

1. ROLL CALL

2. APPROVAL OF MINUTES. - September 15, 2008.

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. Swear in Ron Skora to the Board of Adjustment.

6. COUNCIL BILL 2008-285. (Carlson)
A resolution recognizing community organizations and neighborhood and community volunteers involved in various neighborhood clean-up activities. (The bill was approved.)

7. COUNCIL BILL 2008-286. (Carlson)
Recognizing Presenting Sponsor CoxHealth, Springfield-Greene County Parks Director Jodie Adams, and Urban Districts Alliance Executive Director Rusty Worley, on behalf of the numerous entities involved in making the Stage 2 finish for the Second Annual Tour of Missouri a huge success. (The bill was approved.)

7.5. COUNCIL BILL 2008-289. (Carlson)
Congratulating the City of Springfield Fire Department officers and staff for receiving the Center for Public Safety Excellence Accredited Agency status. (The bill was approved.)

7.5.1. COUNCIL BILL 2008-303
Expressing appreciation to Deputy City Manager Evelyn Honea for serving as Interim City Manager for nearly four months during the City Manager search process. (The bill was approved.)

8. RESPONSES TO QUESTIONS RAISED AT THE SEPTEMBER 15, 2008 MEETING AND CITY MANAGER'S REPORT.

City Manager Greg Burris said he is working on a draft presentation of the Police/Fire pension solution issues and will soon be ready to start talking to community groups, etc.

He reviewed the first City Council strategic brainstorming session and said Council would work on further refining them on Oct. 14.

He said he is working through his meetings with department heads and getting to meet more employees.

The Complete Count Committee kicked off the 2010 Census process with a meeting of a variety of community representatives designed to have a high response rate and most accurate representation possible for Springfield-Greene County.

He said Council is receiving information about a Traffic Engineering study that recommends increasing the speed limit by 5mph on about 10 arterial and collector streets to more accurately reflect traffic patterns and to deter motorists from cutting through neighborhoods, which is a goal of the earlier project to lower most residential speeds to 25mph.

Greg said the first weekend of HarvestFest was a huge success with some 17,000 people through Rutledge-Wilson Farm Park for the events and the corn maze, which continues through October. He thanked the extra Parks staff member who helped with the big turnout.

He also reminded Council that the opening of the new wing of the Springfield Art Museum takes place on Friday, Oct. 10. The ribboncutting will take place at 6 p.m. that day.

9. COUNCIL BILLS FOR PUBLIC HEARING. CITIZENS MAY SPEAK. NOT ANTICIPATED TO BE VOTED ON.

10. COUNCIL BILL 2008-287. (Whayne)
Amending Section 1 9 of the Springfield City Code, City Limits, by annexing approximately 557.19 acres of City-owned property and highway right-of-way contiguous to the existing City limits, located in the vicinity of the Springfield-Branson National Airport, more fully described in this ordinance, generally referenced as Annexation A-3-08, and amending Section 46-1 of the Springfield City Code, Boundaries of wards, precincts and council zones, by adding this property to the ward and precinct assigned by the County Clerk. (No members of the public spoke.)

11. FIRST READING BILLS. CITIZENS MAY SPEAK. NOT ANTICIPATED TO BE VOTED ON.

12. COUNCIL BILL 2008-288. (Carlson)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an agreement with CH2M Hill Consulting Engineers for the purpose of developing a Sewer System Master Plan, and amending the budget for the City of Springfield, Missouri, in the Public Works Department for the fiscal year 2008-2009 in the amount of $498,310.00. (No members of the public spoke.)

13. RESOLUTIONS. CITIZENS MAY SPEAK. MAY BE VOTED ON.

15. COUNCIL BILL 2008-290. (Deaver, Burlison, Manley, and Whayne)
Adopting Financial Control Procedures for the City of Springfield. (City Council Finance and Administration Committee recommend approval.) (No members of the public spoke.)

16. COUNCIL BILL 2008-291. (Carlson) (The three bills were read together. That includes 2008-293 and 2008-271 SUB. 1)
Approving a plan for an Industrial Development Project for John Q. Hammons Revocable Trust Dated December 28, 1989, as Amended and Restated, and determining the official intent of the City of Springfield, Missouri, to issue its Industrial Development Revenue Bonds in a principal amount not to exceed $75,000,000 to finance the costs of such project. (A representive for Mr. Hammons spoke. No members of the public spoke. The bill was approved.)

17. EMERGENCY BILLS. CITIZENS MAY SPEAK. MAY BE VOTED ON.

18. COUNCIL BILL 2008-292. (Carlson)
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 the design and construction of a new traffic signal on Kansas Expressway at Wal-Mart and removal of the existing traffic signal at Kansas Expressway and Evergreen Street; amending the budget of the City of Springfield Department of Public Works for the fiscal year 2008-2009 in the amount of $100,000; and declaring an emergency. (No members of the public spoke. The bill was approved.)

19. COUNCIL BILL 2008-293. (Carlson) (This was read with 2008-291)
Approving the First Amendments to the Development Agreement and the Purchase Agreement between the City of Springfield, Missouri, and the John Q. Hammons Revocable Trust Dated December 28, 1989, as Amended and Restated, related to the sale of certain land and the Jordan Valley Car Park for the development of a convention center hotel; and declaring an emergency. (See 2008-291.The bill was approved.)

20. PUBLIC IMPROVEMENTS.

21. GRANTS.

22. AMENDED BILLS.

23. SECOND READING AND FINAL PASSAGE. CITIZENS HAVE SPOKEN. MAY BE VOTED ON. EXCEPT ITEM NO. 29. CITIZENS MAY SPEAK TO SUBSTITUTE ONLY. MAY BE VOTED ON.

24. COUNCIL BILL 2008- 263. (Carlson)
Approve the City Utilities Annual Operating Budget for the Fiscal Year ending September 30, 2009. (The bill was approved 5-2.)

25. COUNCIL BILL 2008-264. (Carlson)
Approve establishing gas rates and repealing previously established gas rates. (The bill was approved 6-1.)

26. COUNCIL BILL 2008-266. (Rushefsky)
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.) (The bill was remanded back to P&Z.)

27. AMENDED COUNCIL BILL 2008-270. (Rushefsky)
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.) (The bill was approved.)

28. COUNCIL BILL 2008-271. (Manley) (This was deferred to Sub. 1)
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.

29. COUNCIL BILL 2008-271. SUBSTITUTE NO. 1. (Manley) CITIZENS MAY SPEAK TO SUBSTITUTE ONLY. MAY BE VOTED ON. (This was read with 2008-291.)
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; authorizing the execution of documents and the taking of actions consistent therewith; making a budget adjustment for the fiscal year 2008-2009 in the amount of not to exceed $10,077,970; and declaring an emergency. (See 2008-291.The bill was approved.)

30. COUNCIL BILL 2008-275. (Carlson)
Authorizing the City Manager, or his designee, to enter into and accept an agreement for the award of a transportation enhancement grant from the Missouri Department of Transportation (MoDOT), for the purpose of funding the design and construction of streetscape/pedestrian facilities for the Walnut Street Streetscape Phase 3 Project (STP-5910 (808)); amending the budget provided for the Public Works Department of the City of Springfield, Missouri, for Fiscal Year 2008-2009, by amending revenues in the amount of $338,500 and expenditures in the amount of $617,000; and to do all things necessary to carry out the grant, including the execution of contracts. (The bill was approved.)

31. UNFINISHED BUSINESS.

32. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

33. Ms. Phyllis Evans wishes to address City Council. She spoke about an issue with the sign ordinance. Mayor Carlson asked for a staff recommendation.

34. NEW BUSINESS.

35. The Public Involvement Committee recommends the following appointment to the Cable Advisory Board: Arthur Hodge with term to expire September 1, 2011.

36. The Public Involvement Committee recommends the following reappointment to the Cable Advisory Board: Allison Scott with term to expire September 1, 2011.

37. The Public Involvement Committee recommends the following appointment to the Landmarks Board: Lisa Frederick with term to expire November 1, 2011.

38. The Public Involvement Committee recommends the following reappointments to the Landmarks Board: Natalie Mardis, John Sellars, and Stanley Turner with terms to expire November 1, 2011.

39. The Public Involvement Committee recommends the following appointment to the Citizens Advisory Committee for Community Development: Katherine Ann Bayliff with term to expire May 1, 2011.

40. The Public Involvement Committee recommends the following appointment to the Planning and Zoning Commission: Matthew Edwards with term to expire January 1, 2011.

41. The Mayor recommends the following appointments to the Mayor's Commission on Human Rights: Jason Wert, and Carl Haworth with terms to expire October 1, 2011.

42. The Mayor recommends the following reappointments to the Mayor's Commission on Human Rights: Billie Davis, and Joyce Wise with terms to expire October 1, 2011.

43. MISCELLANEOUS.

44. CONSENT AGENDA - FIRST READING BILLS. SEE ITEM # 3.

45. COUNCIL BILL 2008-294. (Wylie)
Authorizing the disposal of three tracts of land, located generally at U.S. Highway 60 and U.S. Highway 65, to accommodate the interchange improvement of such highways, and authorizing the Mayor to convey said property on behalf of the City of Springfield d/b/a the Board of Public Utilities. (Planning and Zoning Commission recommends approval. Planning and Development staff recommends approval.)

46. COUNCIL BILL 2008-295. (Carlson)
Authorizing the City Manager, or his designee, to accept the donation of funds from an anonymous donor for the acquisition of five thermal imaging camera systems for use by the Springfield Fire Department, expressing appreciation to the donor for this donation, and amending the budget for the City of Springfield, Missouri for the Fire Department for the fiscal year 2008-2009 in the amount of $36,300.

47. COUNCIL BILL 2008-296. (Wylie)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into a license agreement and release with Baker Smith Jones, Inc., Southern Hills Neighborhood Association, and Mr. Jack Lipscomb to extend the Southern Hills Lake Water Quality Demonstration Project for a period of one (1) year.

48. COUNCIL BILL 2008-297. (Wylie)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to apply, accept, and appropriate cost share grant funds from the Missouri Department of Conservation for construction of stormwater infiltration/filtration practices at 2934 S. Lancelot Court; and amending the budget for the City of Springfield, Missouri, in the Public Works Department for the fiscal year 2008-2009 in the amount of $4,515.60.

49. CONSENT AGENDA - ONE READING BILLS. SEE ITEM # 3.

50. COUNCIL BILL 2008-298. (Carlson)
Recognizing Lester Eldon Hilton for thirty years of dedicated service as an employee of the City of Springfield.

51. COUNCIL BILL 2008-299. (Manley)
Approving the plans, specifications, and bid of Hunter Chase & Associates, Inc. for the construction of the Park Central Square Phase 2 Perimeter Streetscape.

52. COUNCIL BILL 2008-300. (Wylie)

Accepting the Bradford Park Neighborhood Assessment Report and recommendations contained therein. (Staff recommends approval.)

53. COUNCIL BILL 2008-301. (Rushefsky)
Declaring it necessary to construct district sanitary sewers in Sanitary Sewer District No. 227 of Section No. 6 in the City of Springfield, Missouri, located in the general vicinity of Howard Avenue at Smith Street, and providing for publications and notices.

54. COUNCIL BILL 2008-302. (Whayne)
Declaring it necessary to construct district sanitary sewers in Sanitary Sewer District No. 54 of Section No. 18 in the City of Springfield, Missouri, located in the general vicinity of Smith Street, West of Kansas Expressway and providing for publications and notices.

55. COUNCIL BILL 2008-303. (Whayne)
Accept the bid of Bennett, Inc. in the amount of $52,738.90 for the construction of sanitary sewers in Sanitary Sewer District No. 233 of Section No. 6, located in the vicinity of Robberson Avenue at Turner Street, in the City of Springfield, Missouri; declare the work to be necessary; state the intention to pay for all or part of the improvements from the proceeds of bonds; specify those costs and expenses to be specifically assessed against the properties in the district and the method by which the costs will be apportioned; set forth the manner of payment, the lien of the assessments and the duration of the lien; set forth the interest rate to be charged on the tax bills; authorize the City Manager, or his designee, of the City of Springfield, Missouri, to enter into a contract and to approve the bond for said improvement; and authorize progress payments to be made to the contractor.

56. COUNCIL BILL 2008-304. (Whayne)
Establish and define the boundaries and adopt the plat, plans, specifications, and sealed estimate of construction costs, and authorize acquisition of necessary right(s)-of-way, including condemnation thereof, for Sanitary Sewer District No. 230 of Section No. 6 of the main sewers of the City of Springfield, Missouri, located in the general vicinity of Norton Road, West of Summit Avenue; further providing that all labor shall be paid the prevailing wages; providing for participation by the City in the cost of construction; directing the City Manager, or his designee to advertise for bids for the construction of said sewers; and providing for payment therefor.

57. CONSENT AGENDA - SECOND READING BILLS. CITIZENS HAVE SPOKEN. MAY BE VOTED ON.

58. COUNCIL BILL 2008-265. (Manley)
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.

59. COUNCIL BILL 2008-267. (Rushefsky)
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.)

60. COUNCIL BILL 2008-268. (Wylie)
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.)

61. COUNCIL BILL 2008-269. (Manley)
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.)

62. COUNCIL BILL 2008-272. (Carlson)
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.

63. COUNCIL BILL 2008-276. (Carlson)
Authorizing the City Manager, or his designee, to enter into Memorandum of Understanding and Cooperative Agreement with Christian and Greene Counties, and the Cities of Battlefield, Nixa, Ozark, and Republic, all of Missouri, for the purpose of coordinating water quality monitoring in the James River Watershed.

64. COUNCIL BILL 2008-277. (Carlson)
Authorizing the City Manager, or his designee, and the Springfield-Greene County Park Board, to apply for and accept a grant in the amount of $8,100 from the City of Springfield Community Development Block Grant (CDBG) Program for an Outer Limits Program at the Robberson Elementary School-Parks Site and amending the budget provided for the Parks Department of the City of Springfield, Missouri, for fiscal year 2008-2009 in the amount of $8,100 to increase revenue and expense appropriations for Parks Fund 2115.

65. COUNCIL BILL 2008-278. (Carlson)
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 80% of the base salaries of the engineers operating the Transportation Management Center (TMC) and amending the budget of the City of Springfield Department of Public Works for the fiscal year 2008-2009 in the amount of $116,400.00.

66. COUNCIL BILL 2008-279. (Rushefsky)
Authorizing the Director of Planning and Development to accept the dedication of the public streets and easements to the City of Springfield as shown on the Preliminary Plat of Pearson Creek Office Park, generally located at 3810 East Sunshine 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 has approved the Preliminary Plat. Both Planning and Zoning Commission and staff recommend that City Council accept the public streets and easements.)

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

67. CLOSED SESSION.

The City Council will hold a closed meeting to discuss legal actions, causes of action or litigation involving a public governmental body, and any privileged and confidential communications, pursuant to Section 610.021 (1), RSMO. 2006; and this meeting, record, and vote be closed and the City Council shall stand adjourned at the end of the closed session.