Life Of Jason

6:15pm…It’s a whole new year! What changes can we expect when the first meeting of 2008 gets underway in the council chambers? Will Mary Collette show up dressed like Britney Spears? Will Mayor Pro-Tem Gary Deaver arrive in a fashionable cocktail dress? Will Doug Burlison have hair? Will Dan Chiles have a new tie that runs on batteries? We’ll find out in 45 short minutes as we blog live from Springfield City Council!

6:33pm…Various city staff shows up to start getting things set for the meeting.

6:40pm…Pythian Castle supporters arrive. One local reporter says to me…”I wonder what they’re going to do tonight.”

6:44pm…Tamara Finocchiaro hands me a very thick packet of information that she’s presenting to council tonight. Not enough time to read it but I’ll try to post it in the next few days.

6:52pm…Several members of the council show up at once. Doug Burlison still has no hair but his head is very shiny in the lights of the council chamber.

6:55pm…Tamara Finocchiaro and Councilwoman Mary Collette are having an intense discussion.

6:58pm…Mayor Carlson asks the council members to come a space in front to sign the boundary agreement with Willard regarding the airport.

7:00pm…Mayor Carlson welcomes Willard Mayor Jamie Schoolcraft and praises the cooperation between Willard and Springfield for “progressive moment for growth.” It “allows our cities to move forward without worrying about costly annexation issues.” Ask for an amendment to allow Willard to annex land within the airport zone. (Currently, the law only allows Springfield to annex land within the airport zone.)

“We believe we have learned from less than ideal growth policies that have hampered growth within the state.”

Mayor Schoolcraft said he thought it was great to see the governments of both cities working together to benefit both cities. Mayor Carlson and Mayor Schoolcraft signed the agreement.

Mayor Carlson commented “this is like what Nixon and Brezhnev did” and there was much laughter.

Willard’s mayor and city council were invited to stay for Springfield’s meeting but they said they had their own meeting to attend.

7:04pm…Mayor Carlson calls the meeting to order. Councilman Denny Whayne prays.

7:05pm…Various housekeeping measures and moving some bills from the consent agenda to the regular debate portion of the meeting.

7:08pm…Consent agenda passes 9-0.

7:08pm…City Manager Bob Cumley responds to questions from previous meetings. “This will be slightly longer tonight…” First he thanked emergency response employees for their impressive responses to the severe storms that came through the city last Monday night. They are starting a community input process for putting a 25 m.p.h. speed limit in older Springfield residential neighborhood. In the pilot area, the average speed has fallen 3-5 m.p.h. and overall traffic is down 3-4% in that area without higher police enforcement.

The city hosted it’s 5th public input meeting on the storage container issue. About three dozen citizens attended and Cumley said there are still some concerns and he hopes to have a bill back to a committee through February and will ask for an extension in the delay for that issue.

Skatepark update…a third mediation session took place and “while the mediation is confidential” but that it was positive. Councilmembers Collette and Chiles were involved with that.

State audit…both city council and city staff take this very seriously and staff will be addressing each of these issues and bringing these items to council. The City Manager has a task force developing internal financial policies for handling cash or other city assets. The workgroup has had three meetings and have drafted a policy bringing strong internal controls for each department that handles cash.

Their next task will be purchasing cards. Cumley noted that the audit didn’t say they were doing anything wrong but they are reviewing use to see if changes need to take place to the program.

“Council members have the job description for the internal auditor…” (can the public see this?)

First meetings of the city manager search committee and the solid waste task force were held last week.

Finally…he recognized the assistant city manager received a special commendation.

7:16pm…Mayor thanked the council and asked to come back to the audit issue. Mayor: “I’d appreciate a memo by the next meeting with a timeline about when staff will respond to the issues raised in the audit.” The Mayor also said there were questions about whether residents were getting results from their tax dollars on economic development issues and wants to see if we have indeed gained economically from these development programs.

The Mayor also said we need to deal with the deficit on the police and fire pension issue. He wants a recommendation from the City Manager about how to address that in the upcoming city budget.

Councilman Chiles said he wanted to echo the Mayor’s comments and that as long as citizens are talking about this issue that the council needs to get as much input as possible. He also said that the city was given a high mark from another audit of accounting procedures. “This other audit was about are we taking good care of the books in Springfield and the answer is yes.” He said it should have gotten as much attention as the “other audit.”

7:19pm…The Skatepark issue Council Bill 2008-009 was moved to first reading bills instead of an emergency bill.

7:20pm…Council Bill 2008-001, Council Bill 2008-002, Council Bill 2008-003 were all read together. The Vice Chair of Planning and Zoning was in attendance. 2008-001 is a redevelopment of the Petsmart area to allow overnight boarding for pets and veterinary care is in the first bill. While the uses are allowed within the current zoning it wasn’t stated in the original development plan and they wanted to have them specifically mentioned. Councilman Wylie clarified that there were no outside activities and that it is an appropriate use of this zoning. 2008-002 is changing a section downtown from HM (heavy manufacturing) to CC (center city) to allow lofts in this area that is a “gateway” to the Jordan Valley area. 2008-003 is changing a section of Sunshine near National from single family residential to a GR (general retail) district with conditional overlays. (This is the section of land across Sunshine from St. John’s hospital.)

Councilman Wylie asked for a list of what could be on that space art galleries, athletic clubs, churches, day care, furniture, hardware, home improvement, personal services (beauty shops), shoe repair, dry cleaning, pet stores, print shops, restaurants without drive through facilities, reduced repair establishments, photography, interior decorating, business schools, bed & breakfast (and many more.)

Councilwoman Mary Collette said “I’m assuming since citizens aren’t speaking against it that this is satisfactory to surrounding citizens.” The answer was at the last P&Z meeting that some neighbors still had concerns but that it passed planning and zoning.

Councilwoman Collette wanted to praise everyone involved for finding a common ground and that while “not everyone is happy” that it was a workable solution. The Mayor echoed her comments.

Councilwoman Rushefsky asked if the current conditions being placed upon it are better than what is currently existing on the property. The answer was the new zoning keeps the buildings within the current other buildings on the block.

Mayor Carlson told a story about a man violently opposed to any zoning on Sunshine and that from Kimbrough to National there would be nothing but residential in that area. He said citizens would show up because they were afraid that if anything happened in that area that it would cause a cascade effect. He talked about a Mr. Newberry who sat in the second row of every meeting and what a great guy he was.

7:36pm…Council Bill 2008-004. A bill that would allow a use permit for a business selling baked goods on the property. The current buildings would be destroyed and that most of the site was paved which will be removed and that landscaping would be up to current city policies. The landowner would put up evergreen trees to help keep headlights from shining into a neighbor’s house. There was headlight screening surrounding the property to protect residential areas.

Councilman Wylie said that “this seems to take a notch out of a single family residential area” and to explain why that happens. The explanation is that this is the way the land was plotted. Councilman Whayne asked how many mailings were sent out (presumably about this zoning.) Answer: according to the applicant information, 51 invitations were sent out to property owners within 500 feet of the subject property. Councilman Whayne said he spoke to some neighbors that they didn’t receive any mailing about it. He said that P&Z might have to get a list of people whom the letters were sent. P&Z responded that the city generated a list of names and mailing labels. Councilman Whayne asked for a copy of that list.

Councilman Deaver said that the public doesn’t usually get to see the detailed comments and information from planning and zoning that City Council receives and that “it feels good to see this process working properly.” “I can see the fingerprints of the commissioners trying to listen to the concerns of the neighbors.” He praised them for their hard work that makes the council member’s job easier.

7:43pm…Arthur Butler spoke out and said he didn’t think he was properly notified and that he turned in a petition against it. He said they were opposed to the hours of operation. He said they were told if they brought 30% notification opposed that it could stop it. They said they were not opposed to change but they are opposing hours. He said that he never received the first letter and that he spoke to Councilman Whayne about it. He said that if you have him two weeks he would have 80% opposition to this plan.

Councilman Whayne said that “the developer mailed out 51 mailings and that only a few received it.” He said the mailing never said the night hours the business would be open.

7:46pm…Chris Slayton, the developer, responded by saying they purchased the property when it was an abandoned car wash. They said they courted businesses that fell under the established zoning but that they were approached by a company (similar to Hostess) to have a retail business in front and a loading deck/distribution center for trucks for local delivery in the back. A bakery from Arkansas sends the items to Springfield between 10pm and 2am. The local route carriers come in between 2-4am to deliver the product. There is no heavy machinery to generate noise.

They said they sent letters to the 51 residents provided by the city and mentioned the one that was returned to them as undeliverable. He said he answered questions from residents who showed for a meeting. He said they were trying to leave as much green space as possible for surrounding residents “on this already commercial piece of property.”

“We’re not putting in 24 hour convenience stores and bars and taverns.” He said he’s not trying to reduce the importance of being careful with residential around commercial but that he believes they fall within the bounds of what they wish to do.

Councilwoman Rushefsky asked about the truck traffic on the lot and where it would be. The developer said that the majority of the doors for loading the trucks would have the lights pointing toward already established commercial property.

Councilman Wylie asked when letters were sent out versus the actual date of the meeting. The developer said he sent them within ten days of the meeting and only one was returned to them. Councilman Wylie said that only one couple showed up and discussed their concerns about lights and noise.

Councilman Deaver referenced the architect’s drawing of the area. The developer said that the building is 350 feet from the property line.

Councilman Chiles asked the investment to change it from a derelict car wash to a viable business. The developer answered over a million. Councilman Chiles asked if it would develop additional jobs. The developer said the business is already in Springfield and hopes to increase the business to expand their business reach. Councilman Chiles asked for a number and the developer could not answer. Councilman Chiles said that under current zoning it could be a 7-11 or bar and have people coming and going at all hours.

Councilwoman Collette said it concerns her that folks apparently didn’t receive the letters but that being said the residents surrounding would not oppose the kind of business. She said there was a chance with residents in attendance to talk to the developer and that this is low impact on surrounding residents compared to other residents. She said they should just “meet in the hallway about it.”

Councilman Burlison commented the more vegetation that is put around the area the better it is for surrounding landowners.

Councilman Deaver said asked about the time sensitivity of the issue and the developer said it was very important. The future tenant’s business is confined by current conditions and that their business is hampered until they can expand at this location.

8:04pm…Mr. Ridenhour asked if this is permanent or something that can be withdrawn. Staff said that if there is a nuisance that the use permit can be removed. Second question was if this was changed what happens if another business comes into that land (like an excavating company versus a baking company.) The Mayor said they would examine to see who would be permitted under the use permit and the citizen wanted to know if the permit could be transferred should another business come into that space. The Mayor answered that if the business was similar to the old business on the site then the permit could be transferred.

The citizen asked if they could limit the number of trucks coming into that business should their business increase and the Mayor said that typically that would not happen. “It really sells us down the river to a degree but what about contingencies?” He said that the local residents are giving up their rights to the bread company.

Councilwoman Collette suggested that this resident needs to get some more information about what is being done there and the description of what businesses can use that kind of zoning.

8:10pm…Council Bill 2008-005. A bill to annex some land north of division and I-44. It reduces a county island to just a cemetery and the owners of that cemetery did not want to be included in the annexation. There is an application to zone this to heavy manufacturing and that will come to Council at the next meeting.

8:11pm…Council Bill 2008-006 & Council Bill 2008-007. Neither voted upon.

8:17pm…Council Bill 2008-015. This connects Bass Pro to the Wonders of Wildlife. Councilwoman Rushefsky asked to have this moved off the consent agenda because this was not in compliance and wanted to know why this bill was being recommended for approval. Answer: the building doesn’t stay within the site plan but the buildings are different and that is not compliant. However, the new building meets all health, safety and fire issue. It just doesn’t comply with the site plan.

The new plan increases fire access to the buildings.

8:24pm…A representative of the developer was there to answer questions.

8:25pm…Council Bill 2008-009. Donation of land from the R-12 to the Park Board in regards to the Skatepark.

8:26pm…Jerry Reynolds spoke on behalf of the Springfield Skatepark Association. He said the recent meeting was positive. He said he has not seen the deed but it concerned with the language. He said their concern was the original agreement that was open ended and in perpetuity.

He wants the land deeded to the city without restriction.

He said they want the land to be used for the Skatepark and other park usage. He said that to say it’s a park area in perpetuity would be restrictive in the future.

8:33pm…Council Bill 2008-14. Councilwoman Rushefsky wanted this moved from the consent agenda as well. She wanted to know if this was how this was usually done. The CID asked to have the city collect rather than state and it’s legal under state law. Councilman Wylie said he wanted to make sure accountability was established.

8:36pm…Council Bill 2008-008. Community Bicycle Steering Committee recommendations. Councilman Chiles led this into a discussion of the benefits of cycling to people and to the environment.

Councilman Wylie talked about how he and his wife have enjoyed the area for riding bikes in our community. He talked about how the community needs to realign the lanes to allow for bikes.

Councilwoman Rushefsky said that we need a bike program for people to have proper safety equipment on their bike.

8:43pm…Bruce Adib-Yazdi spoke on the Bicycle Committee. He wanted to say the process works and that it took a little longer than he thought it might take. He said this is a long range planning tool to help secure grants and federal money because you need a plan in place to get this money. He addressed other groups involved (per Councilwoman Rushefsky) and said there was an upcoming meeting of many groups to develop a five year program that includes education.

Councilman Chiles asked if the design community has designed buildings with bicycles in mind. He said that we are starting to see that but he would like to see more of it. Councilman Chiles asked if the city should take a leadership role in establishing requirements for bicyclists in new designs for buildings. He said that bicycle friendly facilities around the country have already done this. Councilman Chiles asked if certified buildings (like LEED certified buildings) are part of the process.

Mayor Carlson thanked Bruce for his work over the years and that he is a “good example of how one person can make a difference” for the community. Bill passes 9-0.

8:49pm…Council Bill 2008-017. A resolution adopting the Capital Improvements Program for 2008 through 2013.

CIP program strategies are to protect life, health and public safety, improve existing infrastructure and develop new infrastructure.

21 projects completed in 2007 for just over $48,300,000. The plan for 2008-2013 will be on the P&Z website shortly.

218 projects in 2008-2013 will total over $575,000,000 and will come from various taxes and fees.

There was discussions on new projects like College Station, Crime Lab, Art Museum, park developments and more. (I’ll link the P&Z report when I can get the info so you can review it.)

The Mayor talked about talked about how you need to manage and take care of what you have before you start new buildings and new development.

He also talked about how some funds are restricted in purpose like sewer bills revenue cannot be used to build sidewalks.

Councilman Wylie said that the Mayor painted a picture of what’s happening very accurately and this document shows the nuts and bolts of what’s happening within the city. He said that any member of the public can suggest items to be included on this list.

Councilman Chiles commended the report as being through and very well written. Councilman Chiles talked about the green building program. (Editorial note: man, Mr. Chiles sure loves environmentally friendly programs…and if you’re interested here’s a link to the city’s proposed green building policy.) He asked in the future if the city adopted a green building program if this would be altered by that program. The answer was that they would certainly review this document at that time. Councilman Chiles then talked about how cities review buildings based on their energy star rating. He asked if they would consider looking at whether energy performance of buildings would be considered and if it would create it’s own priority. The answer was that it would be up to the individual departments like Public Works, Park Board, etc.

Councilman Chiles how this document could shift should energy rates adjust that require people to use more public transportation. The answer was that the document can be amended when something comes down the line that requires action.

Councilman Burlison said he was impressed with the work that went into the document but he’s going to be the party pooper. He said some of the priorities in this document that a city under the current constraints would find as luxuries.

Councilman Collette said that it would be helpful for Council if Councilman Burlison provided a list of what he seem is luxuries. The Mayor said if Councilman Burlison wanted to make suggestions they would be happy to table it for two weeks. Councilman Burlison said that would be great but that he’s one Councilman out of nine and doesn’t want to impose.

Councilman Manley said that the people in these departments are experts in their fields and that the Council needs to rely on these people. He said that they’ve had this to review for a week or so and that it’s ready to pass because the experts said it’s important. He said he wants to vote on it tonight and passing this tonight. He said that this is what the people want and that it should be passed. The Mayor agreed with Councilman Manley but that he doesn’t want anyone to feel they aren’t serious about the concerns that someone would raise. He doesn’t mind giving two weeks to Councilman Burlison to raise the issues.

The issue was tabled for two weeks on a voice vote with Councilman Manley voting nay.

9:13pm…Council Bill 2008-390 passes 9-0.

9:14pm…Council Bill 2008-391 passes 9-0. Council Bill 2008-392 passes 9-0.

9:15pm…Council Bill 2008-401 passes 9-0.

9:15pm…Tamara Finocchiaro scheduled to address City Council. The Mayor interrupted and said this is something they have had a public hearing. He said he doesn’t think it’s appropriate for one side to have their say and not the other side. He asked the law department if they had an opinion as to what is appropriate.

The legal department said under city code during the petitions, remonstrances and communications residents can say whatever they want to say. If the council wants that changed they would have to change.

The City Clerk said that it wasn’t a public meeting but that she just commented to council so it was not a formal public hearing. Councilwoman Collette was shaking her head yes in agreement.

The Mayor said that he frequently sees people coming to talk to council about things that are not connected to what council is doing and that a council committee needs to look at these rules. “We’re getting more and more of these.” “Frequently we have more and more things that have nothing to do with city government.”

Councilwoman Collette said “if more local citizens are addressing Council about their concerns it’s what we should want” and that she thinks it’s important that we have a forum where citizens can express what is on their mind. Sometimes they don’t know if it’s something we can do something about. The Mayor said that it’s a valid point.

The Mayor said some council members said their should be rules and others think anything goes.

Councilman Wylie said that in situation that several members of the Council have gone out to look at the council and that since there’s been that contact that in this case these people should talk.

9:20pm…Tamara Finocchiaro addresses Council about the Pythian Castle. She said that she hopes we can all make it happen. She talked about how they had a desire to restore a historical site and help develop it in a community area to enhance that community. She said she asked in August of 2004 to get a business license and that less than a month later had a conflicting statement.  She had her first “punch list” in November and a month later the “punch list” changed.  She said that she had documents presented to council that will show their building is qualified for the uses they request. She said that she will be having another review tomorrow and hoping that it will be accepted, she can get her permits and get to work.

She talked about pictures that were included in the information so that council members might not have to go to the Castle itself to see the situation.

She stated that she can’t think of anyone in the city who doesn’t want to see the Castle get a business license and be a valid functioning business in Springfield.

She said that she’s looking forward to the day they can cut a big bow and the city can say welcome to Pythian Castle.

9:24pm…City Clerk said she had not received anything to hand to council. She was told that the information was going to be provided.

9:25pm…Neva Schroder of Marshfield. She talked about the missing page in the document referenced by the city attorney in the city’s response and that it was accidental. She apologized that page was left out and that the information would be forthcoming in the new documentation. She compared the Castle to other properties on a home tour and asked if those other homes on the home tour had to meet the same issues raised by the Castle. She claimed the codes are unfairly administered and called it a “David and Goliath” situation.

“We feel there is little doubt that those administering the rules need to be reminded to use common sense and interpret the codes in a fair and impartial manner and in the “spirit of the code.” Whether or not you like somebody should not be a factor in fair and equal treatment by any government entity.”

9:30pm…Bill Schroder of Marshfield. He thanked Council for their efforts and attention to this issue. “The City staff has tainted the public image of this treasured landmark.” “Their memo condemns the castle with implied statements without supportive evidence.”

“A certificate of occupancy should not be an issue because her uses have not been changed from what the building was designed and built for.”

“Instead of sticking to the facts, the staff condemns the castle as dangerous; condemns the character of the owner as belligerent; and publicly implies there is a question as to her financial means. While it is believable that one would get frustrated and financially drained, why did staff publicly attack the person and how would they know anything about her finances? Did they run out of actual findings and decide to attack her personally in the media? Her friends wonder ‘How can she recover?’”

(Editoral note: His written statement went on to say “It would be staggering to know how much this has cost the taxpayers. It took 23 days for the city staff to publish this vague, distorted document when the council asked for fact finding. Reviewing how the staff handled this permit proces, I feel it would have been quicker to do things right the first time than it was to try and explain why they didn’t.”)

9:35pm… Appointments to the Convention and Visitor’s Bureau: Sally Hargis, Eric Volmer and to the Board of Public Utilities Tom Rankin, Mike Peters and Dr. Krystal Compas.

9:36pm…Councilwoman Collette moved for a closed session. Councilman Wylie seconded. Motion passed unanimously and the public portion of the meeting adjourned.

If you want to see an alternate take of last night’s meeting, check out Jim Lee’s Busplunge. There is some interesting perspectives there.