Gospel Pick on a Friday

Rob McNurlin and the Beatnik Cowboys: "Workin' on a Building"


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Local Writers Continue to Inform Public about Community Improvement Districts

Mark "Stormy" Davis weighed in on the Community Improvement District (CID) issue in the "Springfield News-Leader" on Friday. Davis is a member of the News-Leader's Editorial board.

What you may not know is Davis also writes a local blog, "The Storm Watch," and this is not the first time he's written about CIDs (see: "The Good, The Bad & The Ugly About CID's !").

If you are interested in learning more about CIDs, I posted links, specifically related to the Commercial Street CID, written by the News-Leader's Kary Booher back in June and for further background, Brian Brown, a staff writer for the "Community Free Press" wrote "C-Street May Seek Improvements Tax," for the November 19, 2008 issue of that paper. Brown's article also provided some basic and comprehensive facts about CIDs.

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"Now I'm Gold"

As I traveled home tonight after the Planning & Zoning Commission's public hearing on the urban gardens issue, my mind traveled many different directions.

I was thinking about what a great community we live in, here in Springfield, Missouri, and what fabulous people there are dwelling among us all, in the Queen City.

The text amendments brought for the discussion tonight were questioned, not just by the public but, also by the Commission itself, and between the people and the Commission, they had some of the same questions I had but, they had questions I hadn't even thought about.

There were questions about pesticides, about hoop greenhouses and the water they displace, many, many questions about the conditional use permit fee and nothing much said about a license fee, at all.

The commission seemed very happy with the public comments they heard tonight, and just as Senior Planner Daniel Neal had earlier indicated in an email to me, the P & Z Commission tabled the text amendment indefinitely because they hope to see the City Council create a committee to consider all the pros and cons of urban farming.

A clear distinction was drawn between an urban garden for personal use, or even that of selling produce off-site, and an urban farm, with an on-site stand and maybe even hoop greenhouses.

There is definitely a lot to be discussed and there are plenty of people who appear to be ready to engage in that discussion.

To sum it up in a nutshell, I think Commissioner Matthew Edwards said it about as well as it could be said, "We want to make it easy on community gardens but, keep the standard high for urban farms," Edwards said. "We definitely need to do this (encourage urban gardens and farms) but, we have to be careful with what we do here because, it will set a precident."

So, I could tell you about the wonderful discussion. I could go on with quotes about the concerns and ideas offered but, I would prefer to say, at least for tonight, the system seems to have worked. Besides, Wes Johnson from the News-Leader was there. He'll surely file a "professional" report on it tomorrow, and even get paid for it. :)

Earlier today, I got an email from my brother, who has a little venture of his own going on in the blogosphere. He found himself frustrated because he was trying to say too much at once, and I don't think he'd mind me sharing that. I reminded him, that is the beauty of a blog. There's no one limiting your word count. You've got all the time in the world to take care with one issue before moving on to the next one you believe to be important, "I self-impose deadlines on myself all the time, so I keep pressure on myself. I try to remind myself that I don't get paid for this!" I wrote. "But, to me, and perhaps to you, it is about more than getting paid for it, it's about serving the public by sharing information we think is important for them to know. Right?"

And, of course, my brother agreed because he IS my brother.

So, I think I might have had the wonderful opportunity to have played a role in something big and something with a happy ending tonight by sharing what I did about the issue with others, I have a sense of satisfaction about that tonight. Nah, I don't have the "big-head" thinking I did anything special or was the cause of the great turnout of wonderful people at the meeting tonight, don't get me wrong. But, if I want to think I might have played some very tiny part in what happened at City Council Chambers tonight, just humor me. It's all I get for the trouble.

This song is dedicated to all the lovely people who turned out at the meeting tonight. Every one of them was "gold."

Related: Zoning commission tables garden talks, source "Springfield News-Leader"

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Still No Clear Answer Regarding Which "Urban Gardeners" would be Affected by Proposed Ordinance Text Amendments

Answers regarding who would be affected by licensing and conditional use permits under proposed "urban garden" ordinance text amendments remain unclear.

On Tuesday, July 7, still uncertain of my understanding about which "urban gardeners" would be affected and which would not, I wrote in a follow up email to Mr. Neal:

"...I am still not clear on certain points. I have read the report in the News-Leader and have been privy to comments made by the Public Information Office in the past regarding how these changes will not affect residential gardens within the City, however, the definition proposed for an urban garden seems to encompass those who may be doing nothing but growing daisies to place in a vase on their kitchen tables, and in item 4 of the staff comments, re-pasted below for convenience sake (but not included in this JackeHammer posting), I do not feel my question has been answered."

I received an answer Wednesday morning regarding that question. Mr. Neal indicated that commercial use is the primary factor in determining the "urban gardeners" who would be affected.

"Regarding the language, the amendment will not change accessory gardens in residential districts or any legally existing related businesses," Neal wrote. "The commercial use is the difference and distinguishing factor proposed."

I had considered the "principal use" of the property would factor in when I wrote in a previous entry:

"Millsap wants to purchase a lot within a residentially zoned district, adjacent to her home, for the principal use of farming crops. Not for an accessory use, with the principal use being that of housing. My understanding, if my "Sherlock Holmes" hat is sitting at the right angle, because, it is never clearly explained in the proposed text amendment, or even in Neal's email response, is that Millsap's principal use as a commercial garden, where no house sits, would require a conditional use permit, while my garden, as an accessory to the principal use of the lot, my residence, would not require a conditional use permit, even if I am selling produce from my house."

And yet, if the "principal use" of the property does not factor in and the determining factor is solely whether there is a "commercial use" of the property, there still remains, in my mind, a nagging question about whether a resident who has an accessory garden, who grows excess produce to sell "commercially" at the Farmer's Market, would be affected by the new language proposed to amend the applicable ordinance. So, I sent a link to my previous entry, with the above excerpt included and asked Mr. Neal if my understanding of the issue was correct and if he had any comments regarding my entry.

I have received no response from Mr. Neal since inquiring further about the issue, so, I still wonder if I had "my Sherlock Holme's hat adjusted at the right angle," when I deduced that a home gardener who grew excess crops for the purpose of commercial sales at a Farmer's Market would be affected by the proposed ordinance.

I felt these were details and distinctions of which the public should be aware. It seems to me, for the public to be adequately prepared to share their thoughts and concerns regarding this proposed amendment, the public should have no questions regarding the amendment's content.

Again, the public hearing before the Planning & Zoning Commission is tonight, Thursday July 9 at the Historic City Hall in Council Chambers on the 3rd floor, at 7 p.m.

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Gospel Pick on a Thursday

Alison Krauss - "Down in the River to Pray"

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Just a Little Food for Thought and Discussion...

Forgotten Founding Wisdom

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July 13 City Council Meeting Agenda Available; Public Hearing Tonight

City Council Meeting Agenda

And, don't forget, the Planning & Zoning Commission will be holding a public hearing on "Urban Garden" issues tonight (Thursday) at 7 p.m. in City Council Chambers on the third floor of Historic City Hall!

While "staff" has recommended the proposed definition of an "urban garden" and ordinance text amendment changes be tabled after the hearing, it is important the Planning & Zoning Commission hear from the public about the issue. Public comments could have bearing on future proposed legislation related to the issue when, and if, the City or City Council determines to pick up the issue again.

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"...Cuz Weeds are High Where Corn Don't Grow"

The Grascals: 'Where Corn Don't Grow'

In Denver, the Associated Press reported that the numbers of farmers who are considering suicide have increased across rural America.

The AP report said, the largest network of crisis hotlines in America for those in the field of agriculture has reported a 20 percent increase in calls through May of this year as compared to the same period last year.

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Breaking: City Planning Staff Recommending Zoning Amendments Defining "Urban Gardens" be Tabled

...with an unpredicted ending

Even before the scheduled public hearing has been held, Planning and Development Senior Planner Daniel Neal indicated City Staff has recommended proposed ordinance amendments, related to "urban gardening," be tabled after the Planning and Zoning Commission (P&Z) holds its scheduled public hearing on Thursday night.

P&Z's public hearing on the issue will take place at 7 p.m., July 9, in City Council Chambers on the third floor of the Historic City Hall.

The purpose of the zoning ordinance text amendment regarding "urban gardens," as described in the staff comment section of a staff report was to have allowed, "an urban garden as a principal use on a vacant residentially zoned lot and an accessory use on a residentially zoned lot with a house."

Planning Staff was proposing to define an urban garden as, "A principal or accessory use where an individual or groups of individuals grow and harvest food crops and/or non-food, ornamental crops, such as flowers for personal use, group use, consumption, donation or to be sold for profit. Gardens may be divided," the proposed language stated, "into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members."

The Zoning and Subdivision Report from the Planning and Development Department was released on Thursday, July 2.

Part of the plan included requiring a business license and conditional use permit be obtained for certain "urban gardens" within Springfield. A recent "Springfield News-Leader" article reported the proposed conditional use permit would cost an urban gardener required to obtain it $1,120.

There may be a question as to whether the City of Springfield can legally mandate licensing, taxes, or fees on urban gardens within Springfield.

RSMo 71.630 states, "...No incorporated city, town or village in this state shall have the power to levy or collect any tax, license or fees from any farmer, or producer or producers, for the sale of produce raised by him, her or them, when sold from his, her or their wagon, cart or vehicle, or from any person or persons in the employ of such farmer or producer in any such city, town or village." Chapter 71 provisions are relative to all cities and towns.

Missouri Revised Statute 71.010 states, "Any municipal corporation in this state, whether under general or special charter, and having authority to pass ordinances regulating subjects, matters and things upon which there is a general law of the state, unless otherwise prescribed or authorized by some special provision of its charter, shall confine and restrict its jurisdiction and the passage of its ordinances to and in conformity with the state law upon the same subject."

Springfield, a first class, home rule city does have a provision within its City Charter that, "License taxes and regulations may be imposed by ordinance upon all lawful objects of taxation, including, but not limited to" an extensive list of occupations and businesses.

Show-Me Institute Attorney Dave Roland told JackeHammer, "Generally speaking, where you have a state statute prohibiting a City from taking certain actions, that will be binding on all Cities."

Roland had not had the opportunity to closely examine the proposed text amendment but, had been involved in a smoking ban case in Kansas City that had some similar circumstances. He wanted an opportunity to look closer at this issue but did say, "where there's a conflict, if the City tries to institute something prohibited by State law, the City's ordinance will give way (to the State statute)."

"I think that the statute cited (71.630) probably prevents the city from requiring a license to farm or to sell produce, and it very probably prevents the city from taxing the produce sold, " Roland wrote in an email. "However, I don’t think it would prevent the city from taxing the land itself, and it would probably allow the city to charge a fee for re-zoning the land (or granting conditional use permits) if they decided it was necessary, so long as the fee was similar to those charged for any other conditional use permit."

Roland felt an easier solution, "would be to modify the ordinances so that gardens not in excess of a certain area would be permitted in residential zones and the lots so used would be taxed at the normal rate for residential property." But, Roland also noted, "That doesn’t mean the city has to allow sales to take place there any more than it has to allow other types of businesses to operate in residential areas, which I think is a concern for those considering the changes."

According to Planning and Development Planner Neal, this issue got its start about three months ago, when Melissa Millsap submitted a zoning inquiry to the City.

"The applicant, Melissa Millsap, had wanted to purchase a piece of property adjacent to her and start a share/subscription based produce business which included a produce stand," Neal wrote in an email response. "She called it Community Supported Agriculture (CSA) and provided the City with some information from other municipalities that have adopted new regulations regarding this new form of urban agriculture."

Millsap was informed "her proposal could not be accomplished under the current zoning ordinance," Neal said. He said it was "discussed that in the residential district that only one principal use is permitted. This would mean if someone had a house on any size land under 20 acres that they could not establish a commercial garden on the premise."

He also noted, "The draft text amendment for discussion at Planning Commission would require a conditional use permit if commercial practices are taking place on-site in a residential district," but he added, City staff wanted to discuss it further with the Planning Commission and the public.

According to Neal, "The draft text amendment would delineate between an urban garden as a principal use with retail or wholesale sales on-site and one without."

Neal said, because, only one principal use is permitted in a residential district, the word "accessory" was added to accommodate situations where someone wanted to establish a commercial garden on land under 20 acres with a house on the premise.

If that is what the "draft text amendment" would delineate, then it failed to accomplish that goal as laid out in the "Propozed Zoning Ordinance Text Amendment" that was attached to the staff report released July 2. It was for that reason there was a question about the use of the term "accessory."

Item 4 of staff comments stated, "Staff is proposing to define an urban garden as a principal or accessory use when an individual or group of individuals grow and harvest food crops and/or non-food, ornamental crops, such as flowers for personal use, group use, consumption, donation or to be sold for profit." Later, Item 4 also stated, "This amendment will not affect accessory gardens in residential districts or any legally existing business."

Not clear was how, if a residentially zoned urban garden is defined as principal or accessory use within residential districts, it could be said that the amendment would not affect accessory gardens in residential districts. Neal's explanation is appreciated in that regard because the "draft" or "Proposed Zoning Ordinance Text Amendment" did not clearly distinguish when an urban gardener would be effected and when an urban gardener would not be effected. In fact, the text amendment raised far more questions than it answered upon reading it.

Millsap wants to purchase a lot within a residentially zoned district, adjacent to her home, for the principal use of farming crops. Not for an accessory use, with the principal use being that of housing. My understanding, if my "Sherlock Holmes" hat is sitting at the right angle, because, it is never clearly explained in the proposed text amendment, or even in Neal's email response, is that Millsap's principal use as a commercial garden, where no house sits, would require a conditional use permit, while my garden, as an accessory to the principal use of the lot, my residence, would not require a conditional use permit, even if I am selling produce from my house.

The report also revealed that of all the discussions staff members had with other cities which had instituted urban gardens, none of them permitted a retail operation in a residential district.

The report stated that most cities with successful urban garden programs are linked with other public entities, such as their Parks and Recreation Departments.

"Denver started something and it has evolved to what it is now where non-profit receives $285,000 per year from the CDBG (Community Development Block Grants) program to operate," the report said.

In an email, Neal repeatedly stated staff was open to discussion on the matter. That's a good thing. He did not indicate, if the Planning Commission agrees to table the amendment, when, or if, it might be picked up again or why staff had recommended it be tabled.

Perhaps Planning and Development has spent a little more time thinking about tying such "urban gardens" to public entities? Those cities tied (or "linked") to the urban garden projects are responsible for insuring the people who tend them. The city, or a non-profit organization of the City's development and/or choice, might stand to gain hundreds of thousands of dollars per year in CDBG grants if they shut out individuals like Melissa Millsap and cash in on the next "green thing." But, what about Melissa Millsap? What about other Melissa Millsaps in Springfield, Missouri?

Don't you just love unpredictable endings? Now that I think I fully understand the issue, I might have sided with Millsap. It appears she may be the underdog fighting against City Hall, and that old bloodhound has got the scent of money in its keen snout.

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Note: a very slight edit was made to the original report

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Springfield Police Academy Begins

Hallelujah!

Police Academy Begins July 6

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City of Springfield Weekly Calendar July 6 - July 10

Monday, 7/6/2009

10:00 AM Board of Directors-Shoppes at James River Community Improvement District Busch Municipal Building, 1st Floor Conf. Rm., 840 Boonville Contact: Matt Schaefer, (417) 864-1100

Tuesday, 7/7/2009

8:00 AM Mayor's Commission for Children Executive Committee 425 Trafficway, CFO 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

Cancelled 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

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

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 Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Sharon Smith, (417) 864-1004

Wednesday, 7/8/2009

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

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

11:45 AM Executive Committee Sister Cities Park Board Offices, 1923 North Weller Contact: Cindy Jobe, (417) 864-1341

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

Thursday, 7/9/2009

8:30 AM Police and Fire Pension Board Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Evelyn Honea, (417) 864-1002

9:00 AM Watershed Work Session Lake Springfield Boathouse, 2312 Lake Springfield Park Road Contact: Loring Bullard, (417) 866-1127

6:00 PM Art Museum Board Art Museum Conference Room Contact: Jerry Berger, (417) 887-5700

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

Friday, 7/10/2009

8:30 AM Park Board Cooper Tennis Complex, 2331 E. Pythian Contact: Jodie Adams, (417) 864-1049

Note: Tuesday's Council luncheon tentative agenda includes an overview of stormwater management

Source: City of Springfield Public Information Office

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This Week at Baptist Press: Celebrity Worship; Call to Prayer for Military

The celebrity worship of Michael Jackson alledgedly led to the death of at least 12 Jackson "followers"

Baptist Press (BP) weekly columnist Kelly Boggs got a bit philosophical this week as he took a look at celebrity worship.

With the recent death of Michael Jackson and Boggs' note that 12 Jackson fans, as of July 2, had reportedly committed suicide over the death of a pop music star they likely, never met, Boggs may have a righteous point.

Boggs credited 17th century writer Blaise Pascal to make his case that people are filling a natural void meant to be filled by God with something other than God. Pascal said, "Inside of every man there is a God-shaped vacuum that only God can fill," wrote Boggs. "...if God is not filling an individual's spiritual vacuum, the individual will seek to fill it with something or someone else," and Boggs believes celebrity worship has reached religious proportions.

"I am of the opinion that entertainment, as a whole, has achieved religion status. And, like the Greek pantheon of old, entertainers are the gods who are worshiped," he wrote.

It is a sad testiment, to be sure.

12 people were so devastated by the death of Jackson that they felt they could not continue in life without him.

12 people reportedly committed suicide over his death.

12 people who, if they had had their faith vested where it belonged in the first place, would have been more inclined to draw strength from the One they worshiped, rather than devastation and loss of hope.

What madness.

Boggs, then, drew parallels between religion and celebrity worship, in the end reminding us all that the God shaped void in our hearts is meant to be filled by Jesus Christ.

We'll always, ALWAYS, be disappointed by people but, if we spend the appropriate time getting to know and love the Savior, Jesus Christ, we will never be disappointed. Remember, "Love never fails," 1 Corinthians 13:8a, and there is no greater love than the love that God has for human kind.

Fourth of July fireworks can set off memories of war; Call to prayer for our military

Iraq Military Commander Chris Plekenpol lamented, "Fireworks remind me of an arcing transformer sending electric ash to the ground. The next thought is that of an Iraqi male about 40 years old running and screaming in Arabic, carrying a little girl who is bleeding profusely." ...Read more

And, as is always appropriate, Sara Horn, the wife of a Navy reservist and founder of Wives of Faith, a faith-based military wives support organization, called for us to pray for the military this summer.

Horn reported on a conversation she had with Army Chaplain Jim Murphy who was stationed just south of Baghdad.

"We could tell a difference when the people back home were praying for us and when they weren't," Chaplain Murphy told us. "It was like night and day."Besides the scorching temperatures, summer also brought many reports of death, when conditions were the worst and morale was the lowest. But, Chaplain Murphy said, "When people started praying for us again toward the end of August, that's when things started turning around."

Horn asked that people visit opmbrace.org to purchase a bracelet with a service member's name on it or to register a name for prayer. The Web site is a ministry of Del Rio, Texas' Northside Baptist Church.

Operation M'Brace's mission "is to bring every member of the United States Military under the intercessory prayer of concerned Christians."

To read Horn's column, recommended, click here.

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