


		for November 24, 2008
		for November 24, 2008

City Council Summary - November 24, 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 Nov. 24, 2008. Council members in attendance were: Mayor Tom Carlson; Mayor Pro Tem Gary Deaver; Zone Councilmembers Ralph Manley, Cindy Rushefsky, Denny Whayne and John Wylie; and General Councilmembers Doug Burlison, Dan Chiles and Mary Collette.

1. ROLL CALL

2. APPROVAL OF MINUTES. - November 10, 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. RESPONSES TO QUESTIONS RAISED AT THE NOVEMBER 10, 2008 MEETING AND CITY MANAGER'S REPORT.

City Manager Greg Burris reported that the November check from the state Department of Revenue increased 1.54 percent over the same period in 2007. For the fiscal year to date, revenue is running 2.32 percent over the first five months of the last fiscal year.

He reviewed the holiday seasonal signal timing plans to adjust signal timing during peak periods around major retail centers. He noted that recently opened interchange improvements at Glenstone and U.S. 60, as well as Republic Road, should have a positive impact this season. TV23 will offer extended coverage of the traffic cameras throughout the season as well so motorists can take a look at traffic to help them plan their routes before they set out. All of the traffic information is updated on www.ozarkstraffic.info.

He also noted the report from the Fire Department last week on its 90-day review of the new emergency response protocols initiated by the Fire Department. The Fire Department worked with the hospitals and E911 to establish a “chief complaint” protocol of 10 potentially life-threatening categories of emergencies in which 911 will automatically dispatch a fire crew.

The average dispatch processing time has been trimmed from 2 minutes, 22 seconds to 1 minute, 24 seconds or almost a full minute. In addition, it is saving the Department money in terms of fuel consumption and wear and tear on vehicles.

Sewer Program

Public Works Director Marc Thornsberry gave an update on the program to sewer the city and the assistance available for homeowners who would be newly connecting to city sewer. Several loan and grant programs also are available for homeowners who need to do replacement work on the sewer lines on their properties or want to install backflow devices.

Rain Garden Demonstrations

Marc Thornsberry also gave an update on the demonstration rain gardens and said there would be workshops coming up this winter for future sites. Several sites are located in a central Springfield area south of the Rountree neighborhood as well as other locations across the city. The gardens are basins excavated in the right of way with homeowners’ permission where native plants are planted. Gardens have shown up to a 31 percent reduction in runoff based on one inch of rainfall. Property owners have agreed to help maintain the gardens.

Councilman Dan Chiles complimented Greg Burris on his role prior to becoming City Manager in the construction of the JQH arena, which opened over the weekend. Greg shared the credit with the large MSU staff and contractor team that worked on the project.

Councilman Gary Deaver asked about the milling work taking place on several city street sections. Marc Thornsberry said the “diamond grinding” re-profiles the road for a smoother ride and extends its lifecycle for the heavy vehicles that use the roads.

Councilwoman Mary Collette asked for additional information on the local unemployment rate.

Councilman Dan Chiles reported on the National League of Cities meeting. He said he attended sessions on infrastructure development and broadband service. He also learned how cities are confronting water-supply issues through major infrastructure work. He said another topic was “smart grids” for water and transportation networks to manage demand, for instance, for electricity through real-time pricing. He said another interesting program was how people re-enter the community from jail and how communities are responding to this issue.

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

7. COUNCIL BILL 2008-351. (Wylie)
Amending Section 1 9 of the Springfield City Code, City limits, by annexing approximately 4.483 acres of private property and 0.13 acres of Greene County right-of-way into the City of Springfield, generally located on the east side of the 4400 block of South Campbell Avenue (US 160), more fully described in this ordinance, generally referenced as Annexation A-4-08, 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.)

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

9. COUNCIL BILL 2008-352. (Carlson)
Amending Chapter 2 of the Springfield City Code, Section 2-91, Merit Rule 25.1, City Health Care Plan, by amending certain provisions of the plan relating to plan benefits and coverage of retired employees and their dependents, specifically by amending provisions of the Plan Document and Summary Plan Description of the Springfield Retiree Health Plan (Non-Medicare Eligible); and establishing an effective date for said amendments. (No members of the public spoke.)

10. COUNCIL BILL 2008-353. (Carlson)
Amending the Springfield City Code by enacting a new Division 5 of Chapter 96, Stormwater, relating to land development and land disturbance activity, to consolidate existing erosion and sediment control and land disturbance codes, and to transfer authority for administration and enforcement from the Building Development Services Department to the Public Works Department. (This was read with the following bill. No members of the public spoke to either bill.)

11. COUNCIL BILL 2008-354. (Carlson)
Adopting a new Fee Schedule for Land Disturbance Permits in accordance with the requirements and provisions of Chapter 2, Article VI, Division 3, Section 2-425(a) of the Springfield City Code.

12. RESOLUTIONS.

13. EMERGENCY BILLS.

14. PUBLIC IMPROVEMENTS.

15. GRANTS.

16. AMENDED BILLS.

17. SECOND READING AND FINAL PASSAGE. CITIZENS HAVE SPOKEN. MAY BE VOTED ON.

18. COUNCIL BILL 2008-266. SUBSTITUTE NO. 1. (Whayne)
Amending the Springfield Land Development Code, Section 1-1600, Official Zoning Map and Rules for Interpretation, by rezoning approximately 0.44 acres of land in two tracts generally located on the north side of the 200 block of 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 approved.)

19. AMENDED COUNCIL BILL 2008-337. (Manley) (TABLED)
Amending Chapter 82, Parks and Recreation, Article II, Park Central Square, Section 82-38, of the Springfield City Code to provide for the closing of the square from 11:00 p.m. until 5:30 a.m. except for New Year's Eve and during special events permitted by the Office of the City Manager.

20. AMENDED COUNCIL BILL 2008-338. (Wylie, Collette, Deaver, and Whayne)
Amending Chapter 2, Section 2-10, Permits for outdoor music, of the Springfield City Code, to create two new permits for outdoor live and amplified music for establishments with licensed outdoor food and beverage areas or amplified music at the doorway to the establishment and establishing restrictions for such use. (Plans and Policies Committee recommends approval.) (The bill was approved.)

21. AMENDED COUNCIL BILL 2008-339. (Deaver)
Calling an election on February 3, 2009 in the City of Springfield, Missouri, to submit to the qualified voters a question as to whether or not to institute a one-cent sales tax on retail sales within the City of Springfield, Missouri, for the purpose of providing revenues for the Springfield Police and Firefighters Pension System, providing for a sunset on the tax at the earlier of either the end of five years from the date of commencement of the tax or the Pension Fund reaching a fully-funded status, and declaring an emergency. (The bill was approved.)

22. COUNCIL BILL 2008-341. (Carlson)
Amending the Land Development Code, Article II, Subdivision Regulations, by adopting a new Section 412, Linear Park Trails and Connections to Linear Park Trails and related figures, and amending Section 600, Definitions, by adding three new definitions relating to Linear Parks (Planning and Zoning Commission and planning staff recommend approval). (The bill was approved.)

23. COUNCIL BILL 2008-342. (Wylie)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an Agreement with Jack Henry & Associates, Inc. to accept $612,000 in lieu of constructing the required street improvements contained in PD 320, and adjusting the budget for the Department of Public Works for Fiscal Year 2008-2009. (The bill was approved.)

23.5. COUNCIL BILL 2008-344. (Wylie) (Removed from Consent Agenda and Tabled.)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, Missouri, to enter into an Agreement with Wal-Mart Stores East, Inc. and Sam's East, Inc. to accept $195,000 as a contribution to the construction of the Bedford Avenue and Sunshine Street intersection project, and adjusting the budget for the Department of Public Works for Fiscal Year 2008-2009. (Cindy Rushefsky made a motion to table the bill and re-open it for a public hearing in two weeks. The motion was approved.)

24. Confirm the reappointment of Patrick Platter to the Board of Public Utilities. (The appointment was approved.)

25. Confirm the reappointment of Lisa Officer to the Board of Public Utilities. (The appointment was approved.)

26. Confirm the reappointment of Mark McNay to the Board of Public Utilities. (The appointment was approved.)

27. Confirm the reappointment of Tom Finnie to the Board of Public Utilities. (The appointment was approved.)

28. UNFINISHED BUSINESS.

29. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS.

30. Ms. Carol Nachbar wishes to address City Council. She spoke about her concerns about policing and management practices in center-city neighborhoods. She urged the city to find temporary jail space for minor violators. She recounted several changes she said Police officers would like to see in the Merit rules, but said Police have not been responsive to her calls about neighborhood nuisance issues.

31. Mr. Robert Mondy wishes to address City Council. Mr. Mondy spoke about homeless veterans in Springfield and Greene County. He said there were estimates of about 500 homeless veterans in our community. He asked the city to reach out to provide help for these veterans.

31.25. Ms. Shirley Robbins wishes to address City Council. Ms. Robbins is president of the West-Central Neighborhood Association. She said the neighborhood has problems with irresponsible landlords. She asked for a meeting with the City Attorney and possibly Council representative for information on the nuisance ordinances so the neighborhood can become more effective in helping enforce them.

31.50. Mr. Ronald Brown wishes to address City Council. Mr. Brown said he believes there is something on his property making him sick and he hasn’t gotten an adequate response from several city departments.

31.75. Ms. Petra Butler wishes to address City Council. Ms. Butler said she was concerned about the effectiveness of the Police efforts to address issues in the West-Central neighborhood.

Mayor Carlson asked the staff to provide Council a report on the issues referenced by the speakers on the West-Central issues.

32. NEW BUSINESS.

City Clerk Brenda Cirtin noted that the Council would only hold one meeting in December.

33. MISCELLANEOUS.

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

35. COUNCIL BILL 2008-355. (Whayne)
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 Airport Commerce Center 5th Addition, generally located on the north side of the 4500-4600 blocks West Kearney 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 easements.)

36. COUNCIL BILL 2008-356. (Whayne) (TABLED)
Authorizing the Springfield-Branson National Airport Board to sell the Air Park South Airport in Ozark, Missouri, pursuant to certain restrictions on the use of the property.

37. COUNCIL BILL 2008-357. (Carlson)
Authorizing the City Manager to accept a Safe Routes to School Grant in the amount of $24,779.00 from Missouri Department of Transportation (MoDOT) for the purpose of creating a pilot project in four (4) Springfield Elementary Schools to teach pedestrian and bike safety, and encourage children to walk or bike to school for health, social, and physical benefits; to enter into an agreement with MoDOT for the purpose of the grant; and amend the budget provided for the Public Works Department of the City of Springfield, Missouri, for fiscal year 2008-2009, in the amount of $24,779.00.

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

39. COUNCIL BILL 2008-358. (Carlson)
Approving the plans, construction specifications, and the bid of Hunter Chase & Associates, Inc. for construction of Maintenance Sidewalk Construction Project 08C (2007-2010 1/4-Cent Sales Tax Sidewalk Project) in the amount of $322,510.00.

40. COUNCIL BILL 2008-359. (Carlson)
Approving the plans, construction specifications and the bid of Kerans Construction, for construction of New Sidewalk Construction Project 08B (Neighborhood Assessment requested sidewalks funded by the current Capital Improvements Program (CIP) tax funds) in the amount of $274,063.50.

41. COUNCIL BILL 2008-360. (Wylie)
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. 131 of Section No. 9 of the main sewers of the City of Springfield, Missouri, located in the general vicinity of Delaware Avenue at Bennett Street; provide that all labor shall be paid the prevailing wages; provide for participation by the City in the cost of construction; direct the City Manager, or his designee, to advertise for bids for the construction of said sewers; and provide for payment therefor.

42. COUNCIL BILL 2008-361. (Carlson)
Initiating various amendments to Springfield Land Development Code, Article I, Zoning Ordinance, to permit the consideration of the following amendments to such Code: establish an exception to parking requirements for certain commercial establishments; determine appropriate lighting intensities on private property based upon street classification; change the requirement to notify record owners of property involved in rezoning and conditional use permits; and any other amendments which may result from these considerations. (Planning Staff recommends approval.)

43. COUNCIL BILL 2008-362. (Carlson)
Initiate an amendment to the Springfield Land Development Code, Article I, Zoning Ordinance, to consider the appropriate definition for “hostel”; determine which zoning districts would be appropriate to allow either a permitted or a conditional use; and establish appropriate criteria for such use. (Planning Staff recommends approval.)

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

45. COUNCIL BILL 2008-343. (Carlson)
Authorizing the City Manager, or his designee, on behalf of the City of Springfield, to enter into an agreement with Lakewood Village Property Owners Association for the purpose of reconstructing a driveway at 2110 E. Lakewood Street, 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 $3,200.00.

47. COUNCIL BILL 2008-345. (Carlson)
Amending Chapter 2, Section 2-92, of the Springfield City Code relating to salary rates and pay grades for various job titles within the City service by changing the authorized job positions for City of Springfield Police Department through the deletion of one full time equivalent position of Police Corporal, LES-5, and the addition of one new full time equivalent position of Computer Forensic Analyst, PAT-9, as described herein.

48. COUNCIL BILL 2008-346. (Carlson)
Amending Chapter 2, Section 2-92, of the Springfield City Code, relating to salary rates and pay grades for various job titles within the City service by changing the authorized job positions for Springfield-Greene County Health Department through the deletion of one full time position of Environmental Health Coordinator, PAT-11, and the addition of one new full time position of Environmental Health Administrator, PAT-12, as described herein.
49. Confirm the following appointment to the Building Trades Examination and Certification Board: Jerry Hackleman with term to expire October 1, 2010.