City Beat: City Council moves Penny's properties to CID Zone 2

by Eric Olson

SBJ Reporter

eolson@sbj.net

Downtown Springfield's Community Improvement District Zone 2 has a new member. Patti Penny's three properties on the southern edge of CID's Zone 1 changed allegiance when City Council voted 7-1 in favor of Penny's request at the Jan. 26 meeting.

The CID Board of Directors will vote to refund Penny's 2004 taxes, approximately $2,500, at its Feb. 11 meeting.

Councilwoman Mary Collette voted against the proposal to move 445 S. Patton, 435 South Ave. and 447 South Ave. to the lower taxed Zone 2 because of the "contentious" way it was done, she said.

Penny requested and was promised the change more than three years ago when she signed a petition approving formation of the self-taxing business district. Springfield Area Chamber of Commerce President Jim Anderson and Brian Fogle, now in community development for Great Southern Bank, were the steering committee members who promised Penny the CID Board would accept the change upon her signature. Collette also was a member of that steering committee.

"I can't imagine myself making some kind of promise like that," Collette said. "The way it was done, the CID was contentious."

Mayor Tom Carlson said City Council should not apologize for its action.

"I think what the city is doing is correcting a mistake," he said. "We're doing what's right."

Collette has her doubts. Although she believes Penny is a good corporate citizen, Collette fears the zone reclassification may "open the floodgates and cause a lot of confusion" during the CID Board's upcoming drive to renew the district. The current petition expires Dec. 31, 2006.

CID Board Chairman Tim Rosenbury said council's action shouldn't discourage members from approving the CID's renewal.

"I don't know that it will hurt our chances. But I do hope that as a result of this, more people become involved in discussing what a future CID should be like," he said. "Any sort of intelligent, critical discussion is useful."

CID Zone 1 member Dudley Martin, who voiced his opposition to the change at the public hearing, feels slighted.

"The City Council created two Zone 2s. One Zone 2 for Ms. Penny's three properties and another Zone 2 blocks away," said Martin, who practices law at 435 E. Walnut St. "We're all for downtown, but there has got to be some sort of equality."

To Collette's recollection, as a member of the CID Board during its inception, district properties were to be contiguous, similar to historic and special districts and city annexation policies. "In explanations to us at the time, those zones had to be contiguous," Collette said. "Perhaps that has changed."

Assistant City Attorney Nancy Yendes said the zones "need to make sense" but "Zone 2 doesn't have to all be touching each other."

The properties should be near the edge of the district, she added.

Martin typically pays more than $1,000 for Zone 1 services that include sidewalk cleanup, parking management and general downtown image enhancements. He said the CID tax is greater than what he pays for school, library, city, county and state taxes.

"You've heard of a gas hog? Zone 1 is a tax hog," Martin said. "The problem is, it gets about two miles to the gallon."

While Collette said she sees the good coming from CID services, particularly in downtown cleanliness and marketing efforts, she wonders if merchants should take more responsibility. She and fellow property owners on Commercial Street handle their own maintenance.

"I think we do a pretty good job in keeping things clean, individually," she said. "I would be hard pressed to pay for that."

Penny, who said she takes care of her own on-site maintenance, will save about $2,500 in taxes annually. Upon approval at the CID Board's Feb. 11 meeting, Penny will receive no further Zone 1 services, Rosenbury said.

Residential infill

By a unanimous vote, City Council eased the restrictions for building new homes on vacant lots in center city Springfield. The bill amends the city's land development code to: allow development of lots as narrow as 40 feet or as small as 4,000 square feet; reduce minimum lot depth from 100 feet to 80 feet; and reduce front yard setback if the adjacent lot is developed in a similar manner.

SMSU to Missouri State

Council also unanimously backed state legislation to change the name of Southwest Missouri State University to Missouri State University, indicating the school's broader mission. Rep. B.J. Marsh (R-Springfield), sponsor of the bill, drove to Springfield from Jefferson City to address council.

He told council more than 35 states have state universities and Missouri should join them, but there will be opposition, including University of Missouri officials. Marsh said he would bring Springfield City Council's approval up to House floor debates. "SMS deserves this," Marsh said, adding that private funds would pay for the change.