Sunday, August 30, 2009

City of Springfield Weekly Calendar: August 31-September 4

Monday, 8/31/2009

6:00 PM Joint Retreat City of Springfield and Greene County Commission Doling Family Center , 301 East Talmage Contact: Brenda Cirtin, (417) 864-1651

Tuesday, 9/1/2009

8:00 AM Mayor's Commission for Children Executive Committee Community Foundation , 425 E. Trafficway Contact: Denise Bredfeldt, (417) 864-1656

12:00 PM Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

1:30 PM Board of Adjustment Old City Hall, Council Chambers, 830 Boonville Contact: Matt Schaefer, (417) 864-1100

Cancelled 3:00 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

5:15 PM Environmental Advisory Board Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Karen McKinnis, (417) 864-1623

5:30 PM Building Trades Certification and Examination Board Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Nick Heatherly, (417) 864-1059

6:00 PM Mayor's Commission on Human Rights Busch Municipal Building, Room L45, 840 Boonville Contact: Bob Hosmer, (417) 864-1834

Cancelled 6:30 PM Urban Gardens Task Force Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Mike MacPherson, (417) 864-1198

Wednesday, 9/2/2009

8:00 AM Workforce Investment Board Missouri Career Center , 1514 South Glenstone Contact: Karen Dowdy, (417) 887-4343

5:30 PM Landmarks Board Old City Hall, Council Chambers, 830 Boonville Contact: Daniel Neal, (417) 864-1036

6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Thursday, 9/3/2009

7:00 PM Planning and Zoning Commission Old City Hall, Council Chambers, 830 Boonville Contact: Mike MacPherson, (417) 864-1831

Friday, 9/4/2009

7:30 AM Watershed Committee Midtown Carnegie Branch Library , 397 East Central Contact: Loring Bullard, (417) 866-1127
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City Council Tentative Lunch Agenda for Tuesday, September 1:

1. General Council Discussion

2. Any and all matters to come before the City Council.

Source: City of Springfield Public Information Office

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Sunday reading

"The Bible Speaks on Aging"

Source: "The Ethics & Religious Liberty Commission"

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Monday, August 24, 2009

Only One of Springfield's Farmers' Markets is Legal Today but, not as a "Farmers' Market"

Should be addressed by the Urban Garden Task Force, along with other issues

Imagine going to a Springfield restaurant and telling your waiter or waitress, "I'll have the urban broccoli with the urban goat cheese sauce, please." That might be a possibility if some Springfieldians get their way but, before your mind and palate run away with the little red hen to bake bread made with freshly milled, urban grown wheat, there are many other issues that have to be considered by the Urban Garden Task Force.

According to Director of Building Development Services Nick Heatherly, only the Farmers' Market set up at the Battlefield Mall is currently legal, and that market is legal because it has been deemed a "vendor's site" rather than a Farmer's Market.

"We don't have a farmer's market," Heatherly said. "It's not a permitted use anywhere in the City of Springfield. You (the Urban Garden Task Force) may want to address that. Those that we have really shouldn't be there according to the zoning," Heatherly told the task force at their second meeting on August 18.

At least one citizen (yours truly) wonders why zoning regulations were not taken seriously when Farmers' Markets were allowed. Why was an ordinance change not mandated before farmers' markets were allowed if they "shouldn't be there according to the zoning?"

When Melissa Millsap advised the City she would like to purchase an additional residential lot adjacent to her own and set up a stand to sell produce somewhere on her property, the zoning ordinances were taken seriously. Millsap was told it would require an ordinance change, or amendment, in order for her to be allowed to sell commercially on a residential zoned site.

If zoning ordinances could be bent to allow Farmers' Markets because the City happened to like the idea at the time then, why should they not be bent for everyone because, clearly, every citizen of Springfield likes their own ideas when they request permission from the City to proceed with them.

Heatherly did explain that the City government is not bound by zoning ordinances on public property but, that they make an effort to abide by the same requirements they mandate private citizens follow.

City staff members, as well as Planning and Zoning Commissioners, have indicated they want to "enable, facilitate, and encourage the development of Urban Gardens as a commercial enterprise to maximize local food resources and the use of non-productive or vacant lots in such a manner as to be non-invasive to the community or neighborhood," in fact, that is "the charge" the Urban Garden Task Force is considering.

At the August 18, meeting, Heatherly asked the Task Force to eventually provide clarification and direction to the City staff on a number of issues.

Categories included definitions for different types of urban garden uses, such as, retail operations and non-retail operations.

According to Heatherly, the City relies heavily on specific use definitions.

"We don't know what you want to call it. Is it a market garden, is it a neighborhood garden, is it an urban garden, is it an urban farm? Whatever it is, whatever you finally decide, those are the things we'll need to look at," Heatherly said.

He told the task force if there are different types of gardens, each type would require its own definition.

Task force member Galen Chadwick seemed to agree that types and definitions of uses were important. He asked the task force to consider urban agriculture as a broader range of uses that would, or could, include animal husbandry.

"Rabbit hutches and chicken coops and all of that's going to come up," Chadwick said. He referred the task force to a recent issue of "Time Magazine" that included an article on urban farming.

"It's a $20 fee if you want to be an urban gardener in the city of Chicago. They will till the soil, do the soil test...and furnish the seeds for free," Chadwick said. "In the City of Atlanta, there are now 700 chicken coops, most of them are for egg use and 5 are for resale purposes. The poultry structures in the city of Oakland...must be a minimum of 20 feet from the residences. It's a wave," Chadwick said, "we're not the only ones dealing with this. There's millions of people now who have already decided these issues."

Other issues Heatherly listed as needing clarification and direction were: Zoning issues; parking issues; landscaping and buffer yard requirements; accessory structures; noise and dust issues; signage; trash and waste disposal; minimum open space; maximum impervious surface; lighting standards; Christmas tree sales; mazes; restrooms; business license; use of public lands; clean-up; large equipment usage; sediment and erosion control and; water availability/requirement.

Assistant city attorney Nancy Yendez addressed the bearing Missouri state statutes might have on city policy.

"We're talking about the way you use your land," Yendez said. "We may not be able to tax you but, we could certainly, I think, tell you you can't put your cart out in front of the courthouse."

Chadwick said the city's ability to exercise zoning authority was never really a question.

"Nothing prohibits any zoning powers. I don't know that that was ever the issue," Chadwick said.

The chairman of the Urban Garden Task Force Jack Wheeler seems to be leaning toward permitted use of urban gardens (if that's what they decide to call it) rather than conditional use.

"If it's a permitted use, there's no licensing procedure needed, no inspection needed, it's only enforcement issue would be, probably, if somebody felt that a person was going outside of what is the permitted use so, we might be defining permitted uses down the road on this task force, I mean (defining) recommended (uses)," Wheeler said.

Heatherly reminded the task force that unless the uses permitted were clearly defined, the current zoning ordinance would, by default, apply to urban gardening.

"If you don't make any adjustments to these other items...then the rest of the zoning ordinance will apply to that use just like it would apply to the veterinarian clinic, upholstery shop, the police and fire station, the private club," Heatherly said.

The next meeting of the task force is scheduled at 6:30 PM, Tuesday, August 25. The meetings take place in the 4th floor conference room of the Busch Municipal Building. The meetings are open to the public.

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City of Springfield Weekly Calendar: August 24-August 28

Monday, 8/24/2009

12:00 PM Enhanced Enterprise Zone Board of Directors Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Matthew Schaeffer, (417) 864-1198

6:30 PM City Council Meeting Old City Hall, Council Chambers, 830 Boonville Contact: Brenda Cirtin, (417) 864-1650

Tuesday, 8/25/2009

8:00 AM Mayor's Commission for Children Jordan Valley Community Health Clinic/WIC Clinic , 440 E. Tampa Contact: Denise Bredfeldt, (417) 864-1656

10:30 AM Ozark Region Workforce Investment Board Request for Proposal Committee Missouri Career Center , 1514 South Glenstone Contact: Karen Dowdy, (417) 887-4343

10:30 AM Solid Waste Management District Region O Executive Board Greene County, Room 309, 940 North Boonville Contact: Ronda Gulley, (417) 868-4197

12:00 PM Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

1:30 PM Board of Adjustment Old City Hall, Council Chambers, 830 Boonville Contact: Matt Schaefer, (417) 864-1100

2:30 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

2:30 PM Traffic Advisory Board Safety Committee Busch Municipal Building, Traffic Eng.1st Floor Conference Rm, 840 Boonville Contact: Jenny Turner, (417) 864-1980

3:30 PM Traffic Advisory Board Busch Municipal Building, Traffic Eng.1st Floor Conference Rm, 840 Boonville Contact: Jenny Turner, (417) 864-1980

5:30 PM Cable Television Advisory Commission Busch Municipal Building, 2nd Floor East Conf. Rm., 840 Boonville Contact: Nancy Yendes, (417) 864-1642

6:00 PM Mayor's Commission on Human Rights Busch Municipal Building, Room L45, 840 Boonville Contact: Bob Hosmer, (417) 864-1834

6:30 PM Urban Garden Task Force Busch Municipal Building, 4th floor conference room.

7:00 PM Citizens Advisory Committee for Community Development Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Vern Morgan, (417) 864-1844

Wednesday, 8/26/2009

3:00 PM Board of Public Utilities City Utilities, C. Frank Knox Board Room, 301 East Central Contact: Gayla Jones, (417) 831-8311

6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Thursday, 8/27/2009

4:30 PM Jordan Valley Advisory Committee Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Marcia Chism, (417) 864-1037

5:30 PM City Council Public Involvement Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Brenda Lewellen, (417) 864-1442

Friday, 8/28/2009

No Meetings Scheduled

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City Council August 25, TENTATIVE Luncheon AGENDA

1. Legislative Priorities - Dan Wichmer & Scott Marrs

2. Police Fire Pension Fund Proposal (Total Package) - Greg

3. Any and all matters to come before the City Council.

Source: City of Springfield Public Information Office

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Thursday, August 20, 2009

Sunday, August 16, 2009

City of Springfield Weekly Calendar: August 17-21

Monday, 8/17/2009

11:30 AM Workforce Investment Board Executive Committee Missouri Career Center , 1514 South Glenstone Contact: Karen Dowdy, (417) 887-4343

12:00 PM Library Board Finance/Personnel Committee Library Center , 4653 South Campbell Contact: Debbie Eckert, (417) 883-5366

12:00 PM Springfield Convention & Visitor's Bureau Board of Directors- Budget Committee Jordan Valley Car Park Offices , 815 E. St. Louis St. Contact: Tracy Kimberlin, (417) 881-5300

5:15 PM Sister Cities Association - Isesaki Committee Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Sister City Office, (417) 864-1191

5:30 PM City Council Community Involvement Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Lisa Harley, (417) 864-1443

Tuesday, 8/18/2009

12:00 PM Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

2:30 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

3:00 PM Airport Board Public Relations Committee Springfield/Branson National Airport , 2300 North Airport Boulevard Suite 100 Contact: Terri Winchester, (417) 868-0500

4:00 PM Library Board Brentwood Library , 2214 S. Brentwood Blvd. Contact: Debbie Eckert, (417) 883-5366

6:30 PM Urban Gardens Task Force Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Mike MacPherson, (417) 864-1198

Wednesday, 8/19/2009

3:00 PM E-911 Advisory Board Greene County, Commission's Conference Room, 940 North Boonville Contact: Debbie Moore, (417) 864-1719

5:30 PM Joint Public Hearing/Study Session With Council and Board of Public Utilities City Utilities, Training Classroom, 301 East Central Contact: Brenda Cirtin, (417) 864-1650

5:30 PM Landmarks Board Old City Hall, Council Chambers, 830 Boonville Contact: Daniel Neal, (417) 864-1036

Cancelled 6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Thursday, 8/20/2009

8:00 AM Airport Board Springfield/Branson National Airport , 2300 North Airport Boulevard Suite 100 Contact: Terri Winchester, (417) 868-0500

8:00 AM Springfield Convention & Visitor's Bureau Board of Directors Jordan Valley Car Park Offices , 815 E. St. Louis St. Contact: Tracy Kimberlin, (417) 881-5300

12:00 PM Ozarks Transportation Organization Board of Directors Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Tim Conklin, (417) 836-5482

3:30 PM Tree City USA Citizen Advisory Committee Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Benjamin Kellner, (417) 864-1178Thursday, 8/20/2009

7:00 PM Planning and Zoning Commission Old City Hall, Council Chambers, 830 Boonville Contact: Mike MacPherson, (417) 864-1831

Friday, 8/21/2009

9:30 AM Public Housing Authority Madison Towers, Northeast Meeting Room, 421 West Madison Contact: Tom Barnett, (417) 866-4329

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Tentative Agenda for August 18 City Council Lunch

1. Overview of Economic Development Agreements - Mary Lilly Smith & Rick McConnell

2. Any and all matters to come before the City Council.

Source: City of Springfield Public Information Office

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Saturday, August 15, 2009

Recommended Reading 18

Just a reminder:

The City of Springfield Could be an Innovative Urban Garden Leader

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Urban Garden Task Force Considers the Pros and Cons of Retail Produce Sales in Residential Neighborhoods

Maneuvers through obstacle course of issues in effort to reach the bounty of benefits growing in the urban garden

While the Urban Garden Task Force has a meeting scheduled every Tuesday night through September 1, Chairman Jack Wheeler, who is also the Chairman of the Planning and Zoning Commission, told the Task Force they were not limited to only four meetings, "We can add days, too. We can do whatever we want," Wheeler said.

Wheeler also said the charge of the task force was not set in stone. He invited comment after reading the charge but, there did not appear to be any interest in changing any of the language.

Many topics were discussed, including: conditional use permits versus permitted use; facilitation of urban gardening; existing city ordinances; the application process for conditional use permits and associated fees; federal grant availability; signage and; traffic concerns.

Four new members were added to the Task Force, Earl Slavens was one of the new members. Slavens is a resident of Ash Grove who is involved in a downtown revitalization effort in his city; Gary Shafer, a representative from the Greene County Baptist Association was another new member and; Mary McCarthy and "1,000 Gardens Project" associate Aubree Taylor completed the list.

Shafer said the Greene County Baptist Association is starting a mission outreach program by providing garden plots to people who do not have available garden space.

"We are talking about city wide, we admit there are things to be considered but, we want to point out the vision that every non-profit organization that has land that's not being used should consider putting it in, to the benefit of the citizens (to be used for urban garden space)," Shafer said.

One topic continued to be introduced throughout the meeting, Galen Chadwick, founder of the "Well Fed Neighbor Alliance" and the "1,000 Gardens Project," was concerned about what ability the City Council has to legislate when it comes to agricultural use of residential property.

"The outstanding question [is], whether or not the City has legal standing to enforce, regulate, or whatever, some of the things that may be coming up in here," Chadwick said. "I want that asterisk just put into the record."

Wheeler agreed it was an important issue.

"Agriculture does have special status under federal laws and state laws and so, you know, it is a different thing than just selling something else...so, that is a very, very important issue," Wheeler said. "I think everybody will want to see the state laws. I can't imagine Springfield would want to supercede that at all."

Yet, Wheeler reminded the group, under the present zoning laws, there is no provision for retail sales of anything in a residential district.

"You've got a little garage sale allowance that has some very severe restrictions," Wheeler said but, "basically, you can't sell anything in your yard. Now, that's the law."

According to research from the Missouri House of Representatives, "[The state] prohibition against a license or tax for sales of products from an urban garden would not prevent the amendment of the zoning ordinance to define and regulate urban gardens."

Another interesting topic was introduced by Director of Building Development Services Nick Heatherly. Heatherly noted there was nothing that mandated a conditional use permit be required.

"There's no requirement, in this case, that I'm aware of, that it has to be a conditional use. It could become a permitted use within the districts of the community, and you get to decide. It might be in all districts, [or] in some districts." Heatherly said. "With a permitted use, there is no fee."

Ray Shermer, who is a member of the Planning and Zoning Commission and an Urban Garden Task Force member, reminded the group repeatedly of the importance of considering the affects commercial sales of garden produce might have on their neighbors.

"I think this is a great opportunity to put something together, as long as we can accommodate all aspects of society and make it work together," Shermer said.

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Friday, August 14, 2009

Urban Garden Task Force Selection Process

(Mostly nuts and bolts, another article covering the discussion of the task force to follow)

Sometimes "stories" take an odd and unexpected turn. The story I wanted to write about the Urban Garden Task Force acted like it was going to head off in a strange direction yesterday and slowed down the process of crafting a posting but, at the end of the day, what I thought might be a problem fell into line and simply became a report about the process of the formation of the Urban Garden Task Force.

You see, what troubled me in the beginning was that at the original Planning and Zoning Commission hearing concerning the proposed amendment regarding urban gardens, the Commission indicated they were going to recommend the City Council appoint a committee to study the issue, and they encouraged those who attended the meeting to apply to be members of any committee the Council might form but, that isn't how the process played out.

Mike MacPherson is the Planning and Zoning Commission's City staff representative. The Commission expressed an interest in a task force being formed to study the urban garden issue and so, as their representative, MacPherson met with Planning and Zoning Commission Chairman Jack Wheeler and Planning Director Ralph Rognstad.

"Since the City Council does not have any available time due to the police fire pension issue, Commercial Street Task Force, and other priorities," MacPherson wrote in an email, the trio decided to have the Planning and Zoning Commission "steer" the committee. MacPherson also indicated several Council members had also expressed interest in a study of the issue, including Councilmembers Chiles, Ibarra, Rushefsky and Stephens.

"We invited everyone who testified at the hearing and filled out a card with an address and phone number to participate on the task force." MacPherson said.

The original Urban Task Force, as published in the City's news release, had nine members, four of those named members were Planning and Zoning Commissioners who had volunteered to serve on the Task Force, then, apparently, sometime between that August 5th news release, and the first Task Force meeting, held on August 11, another Planning and Zoning Commissioner volunteered so that there were 5 Planning and Zoning Commissioners on the Task Force. At the first meeting, four new members were added.

The current list of the Task Force members as of August 13, is now:

Jack Wheeler (P & Z) Chairman of the Urban Garden Task Force
Ray Shermer (P & Z)
Shelby Lawhon (P & Z)
Jay McClelland (P & Z)
Melissa Millsap
Curtis Millsap
Galen Chadwick
Petra Butler
King Coltrin (P & Z)
Nancy Brown Dornan
Mary McCarthy
Aubree Taylor
Gary Schafer
Earl Slavens

The Task Force may add more members but, it is my understanding that any additional members may require a vote of the Task Force due to a concern about keeping the Task Force at a number that is manageable.

The next meetings are scheduled for August 18, August 25 and September 1st. Agendas and Speaker schedules are:

August 18 - USE ISSUES THAT NEED TO BE ADDRESSED

Speakers

Assistant City Attorney Nancy Yendez will speak about State statute ramifications and other legal issues

Director of Building Development Nick Heatherly will discuss zoning, development and enforcement issues

Keith Francis, Public Works Engineering

Barbara Lucks, Public Works Solid Waste Management

Tiffany Frey, James River Basin Partnership will lead a discussion on storm water and water quality management, including pesticides

August 25 - USE OF PUBLIC LAND FOR URBAN GARDENS

Speaker

Director of Springfield-Greene County Parks Jodie Adams will discuss a pilot urban garden program at Rutledge-Wilson Farm Park

September 1 SUMMARY, DRAFT STAFF REPORT, DRAFT ORDINANCE AMENDMENT

Speaker

Senior Planner Daniel Neal will present and lead a discussion on a draft report, the Task Force will formulate recommendations for the Planning and Zoning Commission and set the date for the Planning and Zoning Commission to present the Task Force's recommendations to the City Council

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Thursday, August 13, 2009

Urban Garden Task Force

A report on the first Urban Garden Task Force meeting will be published later today.

Stay tuned!

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Special Springfield City Council Meeting Called

5/8 or 3/4 cent sales tax, that's the question

There has been a special City Council meeting called for Thursday evening to have first reading and public hearing of two separate bills. The two bills, 2009-206 and 207, give the City Council a choice of approving the call for an election to institute a 5/8 cent sales tax (2009-206) or a 3/4 cent sales tax (2009-207) on retail sales within the City of Springfield.

Both sales taxes would provide revenues for the Springfield Police and Firefighters Pension System if approved by voters in November, 2009. If passed, both ordinances also provide for sunset of the tax, either five years from the date of passage or when the pension fund reaches a fully funded status, whichever comes first.

If you would like to attend the meeting tonight, it will be held in the City Council Chambers at Historic City Hall. Council Chambers are on the 3rd floor. The meeting time is 6 p.m.

If you wish to speak to the Council, you'll need to sign one of the cards provided and present it to City Clerk Brenda Cirtin. Public comments will be limited to 5 minutes per speaker.

Source: City of Springfield Public Information Office

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The Ethics & Religious Liberty Commission Offers Analysis of the House Health Care Bill

The ERLC analysis, dated August 3, 2009, is available for download and is 9 pages in length.

From the conclusion:

"...what we can say with absolute certainty is that this legislation will lead to diminished health care for most Americans, less choice, higher taxes, and unprecedented government intrusion into every level and aspect of society, from business, to education, to marriage, to individual liberty."

Source: The Ethics & Religious Liberty Commission of the Southern Baptist Convention

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Monday, August 10, 2009

In His Own Words....

Or, wanna play a round? (Geesh, can we just get real???)

"I happen to be a proponent of a single-payer health care plan, universal health care plan. That's what I'd like to see." Barack Obama, AFL-CIO Civil, Human, and Women's Rights Conference, 2003

"...but, I don't think we're going to be able to eliminate employer coverage immediately. There's going to be, potentially, some transition process. I can envision a decade out, or 15 years out, or 20 years out."- Barack Obama at the SEIU Health Care Forum, March 24, 2007, after stating his "commitment" was to have universal health care by the end of his 1st term as president.

Flash forward:

"...let me also address an illegitimate concern that is being put forward by those who are claiming a public option is somehow a trojan horse for a single-payer system...." Barack Obama, at the American Medical Association (AMA) in June, 2009

Do you think that Obama is talking about the same single-payer, universal health care system he talked about "transitioning" to in 10 - 20 years, as recently as 2007, before the AMA, when he calls people's concerns about a single-payer system "illegitimate?"

Apparently, Representative Barney Frank took an "illegitimate" posture when he said:

"I think if we get a good public option it could lead to a single-payer and that's (a good public option) the best way to reach single-payer," on July 27, 2009 (you'll see the quote at the same link provided numerous times above).

...and, by the way, continuing on the issue of Health Care: Obama to Jane Sturm: Hey, take a pill:

"...outside the medical criteria for prolonging life for somebody who is elderly, is there any consideration that can be given for a certain spirit, a certain joy of living, quality of life or, is it just a medical cut off at a certain age?" -Jane Sturm's question to Obama, after setting it up with a personal story about her mother, who at the time of receiving a pace maker was a feisty 100 years old. She lived to, or lives today at 105 years of age, with a pace maker.

Obama: "...what we (the government) can do is make sure that at least some of the waste that exists in the system...at least we (the government) can let doctors know, and your Mom know that, you know what? Maybe this isn't going to help, maybe you're better off not having the surgery but taking the pain killer."

So, the question remains, whether you like the rhetoric used by some or not, do you want the decision about your health care and the health care of your parents and family members to be determined by you and your family or by the government?

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City of Springfield Weekly Calendar: August 10-14; Council Lunch Agenda

Monday, 8/10/2009

Cancelled 12:00 PM Partnership Industrial Center West Administrative Council Chamber of Commerce , 202 John Q. Hammons Parkway Contact: Greg Williams, (417) 862-5567

4:00 PM Springfield Greene County Regional Health Commission Community Foundation, Conference Room, 425 E. Trafficway Contact: Carmen Parker Bradshaw, (417) 864-1573

6:00 PM City Council Meeting Old City Hall, Council Chambers, 830 Boonville Contact: Brenda Cirtin, (417) 864-1650

Tuesday, 8/11/2009

8:30 AM Library Board Buildings & Grounds Committee Midtown Carnegie Branch Library , 397 East Central Contact: Debbie Eckert, (417) 883-5366

9:00 AM Board of Equalization Greene County, Room 113, 940 North Boonville Contact: Richard Struckhoff, (417) 868-4055

12:00 PM Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

3:00 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

3:00 PM Board of Public Utilities - Special Board Meeting City Utilities, C. Frank Knox Board Room, 301 East Central Contact: Gayla Jones, (417) 831-8311

5:00 PM Watershed Work Session Watershed Offices , 320 North Main Contact: Loring Bullard, (417) 866-1127

5:30 PM Sherman Avenue Project Area Committee Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Marti Fewell, (417) 864-1039

5:30 PM Sister Cities Association Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Sister City Office, (417) 864-1191

6:30 PM Urban Gardens Task Force Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Mike MacPherson, (417) 864-1198

Wednesday, 8/12/2009

8:00 AM Downtown Springfield Community Improvement District Board of Directors Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Barb Baker, (417) 831-6200

8:30 AM Library Board Programs/Services/Technology Committee Library Center , 4653 South Campbell Contact: Debbie Eckert, (417) 883-5366

10:00 AM Census 2010 Complete Count Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Robert Reed, (417) 864-1091

6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Thursday, 8/13/2009

8:30 AM Springfield Police Officers' and Firefighters' Retirement System Board of Trustees Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Evelyn Honea, (417) 864-1002

6:00 PM Art Museum Board of Directors Art Museum, Auditorium, 1111 East Brookside Contact: Jerry Berger, (417) 837-5700

Friday, 8/14/2009

8:30 AM Springfield/Greene County Park Board Park Board Offices , 1923 North Weller Contact: Jodie Adams, (417) 864-1049

Source: Springfield Public Information Office

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Council Lunch Tentative Agenda:

1. Follow up to City Council meeting held on August 10, 2009

2. Strategic Planning Process - Greg Burris

3. Review of Missouri State University Diversity Study - Paula Caplin

4. Any and all matters to come before the City Council.

Source: Springfield Public Information Office

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Thursday, August 06, 2009

What Fun! Check it out!

busplunge: I've Been Looking At This Plot Of Vacant Land That I Think I Want To Grow A Garden On....

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Springfield City Council Agenda Online

The City Council Agenda for August 10 is now available at the City's Web site.

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The City of Springfield Could be an Innovative Urban Garden Leader

Instead, Task Force meeting topics appear to focus primarily on troubleshooting potential problems; little on enabling, facilitation, and encouragement of urban gardens

To be clear, troubleshooting potential problems has to play a part in any urban garden ordinance brought for the review of the Springfield Planning and Zoning Department and potential approval of the City Council, however, more focus should be given on creative and innovative ways to encourage urban gardening throughout the City of Springfield.

I found two articles, "The City that Ended Hunger," and "Food to Stay - How a local food system builds health and community wealth," some time ago, and with yesterday's City news release that the Urban Garden Task Force will hold it's first of 4 meetings, beginning at 6:30 p.m., Tuesday August 11, I thought it would be an appropriate time to bring these articles to the attention of those who are interested in the urban garden issue.

According to the news release, the task force has four meetings scheduled over the next month:

* Aug. 11: Overview of the urban gardening concept; how an ordinance is structured and potential neighborhood impact.

* Aug. 18: Review of intensity issues such as accessory structures, parking and public facilities such as restrooms; stormwater and water quality issues; and pesticide use.

* Aug. 25: Rutledge-Wilson Farm Park pilot project; examples of liability and legal requirements of urban gardens.

* Sept. 1: Draft report and discussion; recommendations for Planning & Zoning Commission.

The Charge to the Task Force is the following: To enable, facilitate, and encourage the development of Urban Gardens as a commercial enterprise to maximize local food resources and the use of non-productive or vacant lots in such a manner as to be non-invasive to the community or neighborhood.


Members of the Task Force are: Jay McClelland; Ray Shermer; Curtis Millsap; Melissa Millsap; Galen Chadwick; Petra Butler; King Coltrin; Nancy Brown Dornan and; the Chair of the Planning and Zoning Commission, Jack Wheeler, will serve as the Chair person for the task force.

To be honest, I'm not sure 4 meetings will really offer the urban garden task force an opportunity to fully explore the issue at the level I would have liked to have seen it explored.

The actions Springfield takes on this issue have the potential to enter into the property rights arena; set the stage for a healthier, more self-reliant community and; if handled with a creative spirit, could have great economic benefits for the entire community so, I'd like to see the City actually take the time to fully explore the possibilities for the advancement of our community without a restrictive time table.

The City of Springfield should not feel rushed to advance legislative policy on an issue that affects the entire City and its population simply because Melissa Millsap, who will be serving on the task force, would like to advance her personal plan to purchase another residential lot, adjacent to her existing residential lot, for the purpose of farming and setting up a commercial stand.

It seems like I remember a time when City officials, elected and otherwise, used to talk about being leaders but, until Springfield City government slows down and ceases to act like legislative policy must be accomplished as though running a race, I don't believe our Council will have the opportunity to approve innovative and creative policy.

Too often I, and other members of the community, get the feeling these committees and task forces are set up to shush the masses rather than really examine an issue.

I don't think the public wants a series of window-dressing-task-forces, set up to give the impression or change public perception to a belief the City is taking public input or truly studying important and vital issues. I think the public wants the City to actually do the work. Study, research, be creative, be leaders, put forth well thought out policy that will work in practice and that will benefit the community.

Too often, legislation simply offsets problems that might arise as a result of an approved activity. I think the public would like our City officials to get out of the way of the people who want to benefit the entire community by adding, in this case, to the locally available, healthy food supply, not to simply consider the problems that could arise as a result of such an activity. What about the benefits?

Troubleshooting should be an aspect of public policy but, government restrictions on the public should be the most restricted of all governmental actions taken.

If the City feels it must propose policy as though running a race, instead of a sprint, I'd like to see the race to legislative policy be run as a marathon. When finished, I'd like to see the task force panting but proud, having finished the race to bring the most creative, unrestrictive, economically beneficial recommendations possible to the Planning and Zoning Commission and, in turn, to our elected City Council for consideration.

Again, the charge of the task force the City has appointed, claims the City seeks, "To enable, facilitate, and encourage the development of Urban Gardens as a commercial enterprise to maximize local food resources and the use of non-productive or vacant lots in such a manner as to be non-invasive to the community or neighborhood."

Oh, and by the way, do it in four meetings, yeah, that's it, that's the ticket.

State statute appears to give great room for innovation on the issue, the City should take all the room afforded to them, and all the time they need. There is an opportunity for Springfield to truly lead by example on this issue.

If you would like to attend the urban garden task force meetings they will all be held in the 4th floor conference room at the Busch Municipal Building.

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Wednesday, August 05, 2009

Missouri House of Representatives Addresses Springfield Urban Garden Questions

How does Springfield's original intent line up with Missouri State Statutes?

When the staff of the City of Springfield presented an ordinance to the City Council on May 18 of this year, I'm not sure they knew the level of interest that would be inspired by its passage.

The one reading consent agenda description simply read, "a resolution to initiate an amendment to the Springfield land development code, article I, zoning ordinance, division IV, that all zoning districts shall permit urban garden uses. (planning staff recommends approval.)" However, the next day, a news release from the City's Public Information Office pointed out that permitting urban garden uses in all zoning districts wasn't all the Planning and Zoning Commission (P & Z) would be contemplating.

We now know, at a recent public hearing, P & Z tabled the amendment that had been drafted, with the intention of asking the City Council to form a citizen committee to study the issue of urban gardens.

Now that you've been reminded of the background on the issue, let's move forward.

I asked Councilman Nick Ibarra to assist me in finding out what State statutes, versus the City's proposed intent, had to say about the issue, as one State statute, in particular, raised questions when it was discussed at the public hearing with P & Z. Ibarra was able to provide the following information, which he received directly from the Missouri House of Representatives.

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(A) constituent stated that Springfield is considering defining “urban garden” and requiring a business license and conditional use permit (for selling items from the garden). The constituent then noted the following apparent confusion or conflict regarding Missouri statutory provisions and the proposed municipal urban garden regulation.

Section 71.630, RSMo, prohibits cities from collecting a tax or license from a farmer or producer for sales of produce raised by the farmer or producer from the farmer’s or producer’s wagon, cart, or vehicle. Springfield ordinances currently authorize license taxes and regulations “upon all lawful objects of taxation” and then have a long list of examples of the types of occupations and businesses that would be taxable. Finally, section 71.010, RSMo, provides that charter city ordinances must not conflict with state statutes upon the same subject.

So, as I understand it, the constituent basically wanted to know whether an urban garden was a lawful object of taxation under city ordinance given the prohibition contained in section 71.630. Stated in this way, the question mixes apples with oranges. The issue of requiring a business license to sell produce, etc. grown in an urban garden is a separate, distinguishable issue from whether Springfield can define “urban garden” and regulate such through its zoning ordinance.

As to the issue of whether section 71.630 prohibits requiring a license to sell produce grown in an urban garden, the Springfield assistant city attorney is cited in the Springfield News-Leader as stating that 71.630 “applied to sales from ‘wagons, carts or vehicles,’ not from gardens.” I believe this is an accurate interpretation of the plain language of that section and it corresponds to the discussion of this statute in case law.

There is, however, another statute that could prohibit requiring a business license to sell produce from an urban garden. Section 150.030 provides:

"Any farmer residing in this state who shall grow or process any article of farm produce or farm products on his farm is hereby authorized and permitted to vend, retail or wholesale said products, free from license, fee or taxation from any county or municipality, in any quantity he may choose, and by doing so shall not be considered a merchant; provided, he does not have a regular stand or place of business away from his farm; and provided further, that any such produce or products shall not be exempted from such health regulations or police regulations as any community may require."


The question then becomes whether an urban garden would be considered a farm under this section and whether the owner of the urban garden would be considered a farmer. In the one case I found construing this section, a family corporation operated a nursery upon a 7-acre tract within Kansas City, which operation included the sales of flowers, shrubs, etc. that were grown on the tract. The Missouri Supreme Court declared that the family corporation was a “farmer” and a producer of “farm products” under section 150.030 such that an occupation license tax based upon gross receipts could not be collected for the products grown on the tract and sold there.

Another case discussing the definition of a farm (albeit in another context) also is helpful in this situation. That court was deciding whether a parcel of land between 5-6 acres within the corporate limits of the city of St. Louis upon which there was a house, a stable, and other outbuildings and which land the tenant cultivated as a truck farm constituted a farm or “lands devoted to agricultural purposes” in order to invoke the longer notice period required by statute to terminate a tenancy from year to year. The Missouri court approvingly cited four case law definitions of “farm” or “farming” from other jurisdictions, and a Webster’s dictionary definition:

“A farm may be of any size, of any shape, of any boundaries; may include less than one lot, or comprise several lots or parts of lots.”

“a farm, ‘in the ordinary sense, implies land cultivated-used in some way for the purposes of production by the owner thereof, . . .’”

“farming, “. . . is understood to mean the business of cultivating land, or employing it for the purposes of husbandry, and a farm is a tract devoted to cultivation under a single control, whether it be large or small, isolated or made up of many parcels.’”

“the modern definition of farm is given as follows: ‘Any considerable tract, or a number of small tracts of land, set apart for cultivation by a single occupant, whether as a tenant or owner, and upon which he resides.’”

“Webster defines a farm to be ‘any tract of land devoted to agricultural purposes, under the management of a tenant or owner.”


The nursery case construing section 150.030 and the approved definitions of “farm” stated above would clearly support a court finding that an urban garden is a farm for the purposes of section 150.030, and therefore a license, fee, or tax cannot be collected for the sales of products grown in that urban garden.

As noted before, however, this prohibition against a license or tax for sales of products from an urban garden would not prevent the amendment of the zoning ordinance to define and regulate urban gardens. Zoning is a land use tool and not a revenue production tool. (Note that a license or tax is an ongoing cost whereas a conditional use permit is a one-time fee.)

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Note from "a constituent:" A big thank you to Councilman Ibarra for assisting "JackeHammer" in providing this information to the public!

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Tuesday, August 04, 2009

Joint Pension Task Force/City Council Meeting Wednesday Night

As noted on the City Calendar below, the Police and Fire Citizen's Task Force is meeting tonight at the Busch Building in the 4th floor conference room.

Not listed on the calendar, but just announced, is a joint meeting of the Task Force and the City Council. The meeting is set for Wednesday night at 6 p.m. (August 5). The joint meeting will take place in City Council Chambers in the Historic City Hall.

According to the news release:

"The Task Force will use Wednesday's meeting as an opportunity to go into detail about its findings and draft recommendations regarding the pension fund shortfall. This meeting is open and citizens are invited to attend, but it will not be a public hearing."


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City Announces Redesigned Web Site

In a Tuesday news release, the City of Springfield announced the launch of its redesigned Web site. The address is the same as the old Web site but, it might prove to be more user friendly. We'll find out with practice, huh?

To view the "new" digs, click this.

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Monday, August 03, 2009

Pythian Castle Update

8/5/09 - Update on the update - Just a note to remind readers there is a reason ordinances are not generally reported on while they are in draft. Because it is a draft proposal, it is not set in stone and can be changed. We will not know the exact details of the proposal until it is listed on the City Council agenda, which appears to be tentatively scheduled for the meeting of August 10, 2009. -Jackie

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It looks like there may well be an ordinance on an upcoming City Council agenda which might apply to Tamara Finocchiaro and the Pythian Castle.

The purpose of the DRAFT proposal is:

"To allow Small Business Development Loan program activities to be funded that eliminate specific conditions of blight or physical decay on a spot basis and not located in a designated slum or blighted area."

Finocchiaro made a copy of the draft amendment and its attachments available to "JackeHammer" late last week.

"The city has determined this modification to the (Small Business Development) loan program to allow for spot blighting and the renovation of historic structures should be permanently changed to apply to others, like myself, outside the existing districts," Finocchiaro wrote in the attached email.

Also attached was an email from City Grants Administratior Vern Morgan, written to Finocchiaro. In it, Morgan indicated the proposed ordinance, if passed, would make it possible for the City to make a loan on Finocchiaro's property but, was written much more broadly than the original draft, (as noted in this previous "JackeHammer" entry) at the suggestion of the City's law department. Morgan indicated the draft ordinance will be on the City Council's agenda for the August 10, City Council meeting.

According to the documents, the Department of Housing and Urban Development (HUD) provides the funding for the City's Small Business Development Loan Program (SBDLP), "and HUD regulations allow for activities to be funded on a spot basis including the correction of code violations and historic preservation," however, the documents also pointed out that currently, the SBDLP rules and regulations only allow for the correction of code violations or historic preservation in certain designated areas of the City.

The new "eligible activity" under the proposed amendment to Special Ordinance No. 25584, Chapter 3 of the SBDLP rules and regulations would allow loan eligibility for:

"Rehabilitation/renovation of a property that is eligible for, or already listed on, the Local Historic Sites Register or National Register of Historic Places when such rehabilitation/renovation meets the national objective of spot blight and slum removal (Section 208(b)(2))."


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City of Springfield Weekly Calendar: August 3 - 7; Council Lunch Tentative Agenda

Monday, 8/3/2009

10:00 AM James River Commons Community Improvement District Board of Directors Busch Municipal Building, 5th Floor Conf. Rm., 840 Boonville Contact: Matthew Schaeffer, (417) 864-1100

Tuesday, 8/4/2009

8:00 AM Mayor's Commission for Children Executive Committee Community Foundation , 425 E. Trafficway Contact: Denise Bredfeldt, (417) 864-1656

12:00 PM Special Council Meeting - Closed Session Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

12:10 PM (or immediately following Special Council Meeting) Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

1:00 PM Police Civilian Review Board Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Francene Marchant, (417) 864-1791

1:30 PM Board of Adjustment Old City Hall, Council Chambers, 830 Boonville Contact: Matt Schaefer, (417) 864-1100

2:30 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

Cancelled 3:30 PM Land Clearance for Redevelopment Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Mary Lilly Smith, (417) 864-1094

4:00 PM Sister Cities Association - Executive Committee John Price Law Office , 2805 S.
Ingram Mill Road Contact: Sister City Office, (417) 864-1191

5:15 PM Environmental Advisory Board Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Karen McKinnis, (417) 864-1623

6:00 PM Police Fire Pension Fund Citizens Task Force Busch Building, 4th Floor Conference Room, 840 Boonville

Wednesday, 8/5/2009

8:00 AM Workforce Investment Board Marketing Committee Missouri Career Center , 1514 South Glenstone Contact: Karen Dowdy, (417) 887-4343

12:00 PM City Council Finance and Administration Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Lisa Harley, (417) 864-1443

5:30 PM Landmarks Board Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Daniel Neal, (417) 864-1036

5:30 PM Sister Cities Association - Tlaquepaque Committee John Price Law Office , 2805 S. Ingram Mill Road Contact: Sister City Office, (417) 864-1191

6:00 PM Joint Meeting of City Council and Police Fire Pension Fund Citizens Task Force Old City Hall, Council Chambers, 830 Boonville Contact: Brenda Cirtin, (417) 864-1650

Cancelled 6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Thursday, 8/6/2009

5:30 PM Building Trades Certification and Examination Board Busch Municipal Building, 1st Floor Conference Room, 840 Boonville Contact: Merleene Knapton, (417) 864-1059

Cancelled 6:00 PM Police Fire Pension Fund Citizens Task Force Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Brenda Cirtin, (417) 864-1650

7:00 PM Planning and Zoning Commission Old City Hall, Council Chambers, 830 Boonville Contact: Mike MacPherson, (417) 864-1831

Friday, 8/7/2009

7:30 AM Watershed Committee Midtown Carnegie Branch Library , 397 East Central Contact: Loring Bullard, (417) 866-1127

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This is the tentative agenda for the Council lunch on Tuesday:

1. Capital Improvement Plan (CIP) - Ralph Rognstad

2. Any and all matters to come before the City Council.

Source: City of Springfield Public Information Office

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