HomeMy WebLinkAbout03/04/2013 RegularCity of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, MARCH 4. 2013
The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street,
Springfield, Oregon, on Monday, March 4, 2013 at 7:01 p.m., with Mayor Lundberg presiding.
ATTENDANCE
Present were Mayor Lundberg and Councilors VanGordon, Wylie (by conference phone).. Moore,
Ralston, Woodrow and Brew. Also present were City Manager Gino Grimaldi; Assistant City Manager
Jeff Towery, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lundberg.
SPRINGFIELD UPBEAT
1. Employee Recognition: Thelma Barone, 10 Years of Service.
City Manager Gino Grimaldi introduced Ms. Barone and presented her with a plaque acknowledging
her ten years of service to the.Springfield Police Department. He noted some of the accomplishments
of Ms. Barone over the last ten years, especially her role in assisting victims of domestic violence, and
gaining their cooperation in important criminal investigations.
Ms. Barone said she had been fortunate to work for the City and thanked them for the opportunity to
serve.
2. 2012 Groundwater Guardians Presentation.
Planning Supervisor Linda Pauly introduced Amy Chinitz, Springfield Utility Board (SUB) Drinking
Water Source Protection Coordinator.
Ms. Chinitz introduced Chuck Davis, her previous supervisor who was now retired from SUB. Mr.
Davis had been instrumental in the creation of the Groundwater Guardians in Springfield.
Springfield Groundwater Guardians had received its designation as a Groundwater Guardian
community for 2012, our sixteenth year. The Groundwater Guardians were a volunteer group made
up of agencies, businesses, and private citizens who protected drinking water sources from
contamination. This was accomplished through public education, and community activities.
School programs related to water continued to thrive. In elementary and middle school; they ranged
from learning about the water cycle to field studies. The high school program had long been
recognized for its application to science, mathematics, and chemistry. Older student volunteers even
collected samples and performed water tests that were used by local utilities in monitoring water
quality. She described many of these programs and others. March 10 -15 was national groundwater
week.
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Council Regular Meeting Minutes
March 4, 2013
Page 2
Ms. Chinitz thanked the Mayor and Council for their support
CONSENT CALENDAR
1. Claims
2. Minutes
a. February 11, 2013 —Work Session
b. February 19; 2013 — Work Session
c. February 19, 2013 — Regular Meeting
3. Resolutions
4. Ordinances
a. ORDINANCE NO. 6286 — AN ORDINANCE AMENDING THE SPRINGFIELD
DEVELOPMENT CODE TO IMPLEMENT THE SPRINGFIELD 2030 REFINEMENT
PLAN RESIDENTIAL LAND USE AND HOUSING ELEMENT LAND USE EFFICIENCY
MEASURES, PHASE 1. BY AMENDING AND /OR ADDING SECTION 3.2 -100 BASE
ZONING DISTRICTS; SECTION-3.2 -205 ESTABLISHMENT OF RESIDENTIAL
ZONING DISTRICTS: SECTION 3.2 -210 SCHEDULE OF USE CATEGORIES: SECTION
3.2 -215 BASE ZONE DEVELOPMENT STANDARDS: SECTION 3.2 -605
ESTABLISHMENT OF MIXED -USE ZONING DISTRICTS: SECTION 33-825
ADDITIONAL PROVISIONS: SECTION 4.7 -100 SPECIFIC DEVELOPMENT
STANDARDS; SECTION 4.7 -140 SITING DUPLEXES IN ALL RESIDENTIAL
DISTRICTS: SECTION 4.7 -142 DESIGN STANDARDS FOR DUPLEXES AND
ATTACHED SINGLE - FAMILY DWELLINGS; SECTION 4.7 -155 GROUP CARE
FACILITIES: SECTION 4.7 -233 SMALL LOT RESIDENTIAL DISTRICT
DEVELOPMENT STANDARDS: TABLE 5 -4.1 DEVELOPMENT APPLICATIONS:
SECTION 5.12 -120 TENTATNE PLAN SUBDNISION SUBMITTALS; SECTION 5.12-
130 TENTATIVE PLAN CONDITIONS: AND SECTION 6.1 -110 MEANING OF
SPECIFIC WORDS AND TERMS: AND ADOPTING A SEVERABILITY CLAUSE
b. ORDINANCE NO. 6287—AN ORDINANCE AMENDING THE SPRINGFIELD
MUNICIPAL CODE CHAPTER 5. PUBLIC PROTECTION. CONTROL OF DOGS AND
OTHER ANIMALS. MAKING IT A VIOLATION OF THE SPRINGFIELD MUNICIPAL
CODE TO INITIATE A FALSE REPORT OR TO PROVIDE AN UNSWORN
FALSIFICATION TO AN ANIMAL SERVICES OFFICER.
5. Other Routine Matters
a. Liquor License Application for New China Sun, located at 3260 Gateway Street, Springfield,
Oregon.
b. Liquor License Application for Goodfella's Lounse, located at 117 South 14th Street,
Springfield, Oregon.
c. Liquor License Application for J.X. Pop, Located at 525 West Centennial Blvd, Springfield,
Oregon.
City of Springfield
Council Regular Meeting Minutes
March 4, 2013
Page 3
d. Approve First Amendment to Asset Management System Replacement Project Contract
(C587) with Autodesk, Inc. and Authorize and Direct the City Manager to Execute the
Amendment on Behalf of the City.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
MOORE TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
ITEMS REMOVED
PUBLIC HEARINGS-- Please limit comments to 3 minutes. Request to speak cards are available at
both entrances. Please present cards to City Recorder. Speakers may not
yield their time to others.
1. Master Fees and Charges Schedule.
ORDINANCE NO. 3 — AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD AMENDINGARTICLE 1, TABLE 3 -A STRUCTUAL PERMIT FEES: TABLE
3 -B ELECTRICAL PERMIT FEES: TABLE 3 -C PLUMBING PERMIT FEES_ TABLE 3 -D
MECHANICAL PERMIT FEES: TABLE 3 -F OTHER INSPECTION AND FEES OF THE
"SPRINGFIELD BUILDING SAFETY CODE ADMINISTRATIVE CODE" OF THE
SPRINGFIELD DEVELOPMENT & PUBLIC WORKS DEPARTMENT: COMMUNITY
SERVICES DIVISION "BUILDING SAFETY CODES ".
RESOLUTION NO. 1 —A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD ADOPTING A MASTER FEES AND CHARGES SCHEDULE FOR FEES.
CHARGES, RATES, PERMITS AND LICENSES AS ESTABLISHED BY THE
SPRINGFIELD MUNICIPAL CODE.
Finance Director Bob Duey presented the staff report on this item. Each year, Council and staff
reviewed existing fees and charges for appropriateness of the rate for meeting cost recovery targets as
well as reviewing for areas where new or additional fees should be considered. Council met in work
sessions on February 4`h and February 19`h to discuss staff's recommendations and was being asked to
conduct two public hearing on this topic. The first was for amending fees contained in the Building.
Safety Code and the second was for all other fees and charges authorized by the Springfield Municipal
Code. The ordinance change was a first reading only and staff would bring back both items for final
adoption of March 18'h for an April I implementation date.
Mr. Duey noted that the miscellaneous fees and charges could be changed with a resolution. Because
some of those fees had not yet been seen by the Mayor and Council, this would also be brought back
in two weeks for adoption.
Mr. Duey explained some of the fees and the new fee schedule which included all fees for the City.
Utility fees would be brought to Council later in the year and would be added to the fee schedule at a
later date, as were planning fees. SDCs would remain separate as they had a different methodology for
calculating. In the future, they hoped to have all fees; including utility and planning fees, brought to
Council at the same time.
Mayor Lundberg opened the public hearing on the ordinance and resolution.
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Council Regular Meeting Minutes
March 4. 2013
Page 4
No one appeared to speak.
Mayor Lundberg closed the public hearing.
BUSINESS FROM THE AUDIENCE
Leslie Weaver. Springfield. OR. Mr. Weaver provided printed copies of his testimony which
were distributed to the Mayor and Council. Mr. Weaver noted that when he returned home, he
would be emailing this same testimony to Senator Wyden, Senator Merkeley, Representative
DeFazio, Governor Kitzhaber, Lars Larson and his email distribution list. He read from
Article 10 of the Bill of Rights. He was not here to debate any detail of the constitution, but
rather to mention conflicting examples of people control disguised as benefit to us that had
resulted in us ceding our constitutional rights. He noted examples of conflict between well
thought out local laws and unnecessary federal laws. Because of laws passed at the Federal
level, citizens could no longer exist for an hour without breaking at least one regulation;
statute, code or ordinance. He was here to advocate that we stand stronger in this local body;
this was where laws should be created and enforced. We knew our problems and had good
people that could think these out. (testimony attached)
COUNCIL RESPONSE
CORRESPONDENCE AND PETITIONS
19y
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
2. Business from Council
a. Committee Reports
1. Councilor Brew said he, Councilor Moore, Chief Smith, and Greta Utecht attended the
NAACP Freedom Dinner on Saturday night. It was a fun event with a lot of talented
kids performing. He thanked the Council for the opportunity to attend.
b. Other Business.
BUSINESS FROM THE CITY MANAGER
BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting was adjourned 7:19.p.m.
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Council Regular Meeting Minutes
March 4,20 13
Page 5
Minutes Recorder Amy Sowa /
Christine L. Lundberg
Mayor
Attest:
City Reed der
Oral presentation to the City Council of Springfield, Oregon in the City Hall Council, Chambers, 225 5th
Street on 4 March 2013, thereby exercising the right of citizens from the audience to address the
Council during a Public Hearing on any specific subject of interest to the citizen.
Madam Mayor and Council members.
My name is Les Weaver. Printed copies of my brief address will be presented to the
clerk/recorder for distribution and your further perusal. When I return home, I will be emailing copy to
Senators Wyden & Merkley, Representative DeFazio, Governor Kitzhaber, Lars Larson as well as copies
sent across my e-mail address list.
I open by reading ARTICLE 10 of the Bill of Rights.
I am not here to debate any detail of the Constitution but rather to mention conflicting example of
people control, disguised as benefit to us that has resulted in our ceding Constitutional rights.
Just this last week, while the Administration continued debate of near disarmament of the
American people, the Vice President publically gave two separate suggestions for personal home
protection. Taking his advice resulted in an immediate visit from the police to cite the
discharging of a firearm within the city, charges of endangering others, confiscation of the
weapon and felony arrest. Again we face another conflict between well intended and thought out
local laws and the stupid, hair - brained garbage promoted by our highest federal officials.
Then it was disclosed that the Dept. of Homeland Security has released at least 2,000
felony convicted illegal aliens onto the streets of the U.S. and intends to release thousands more
in the immediate future. Recall that this Administration has reminded all State and local police
that they are not authorized to enforce Federal immigration laws. While officials are protected
from armed criminals by gun carrying body guards or their own guns, for us they suggest the
"buddy system ", safe zones, body fluids, ballpoint pens, whistles, scissors and discharge of
double barrel shot -guns into the air or through a door.
By their own admission, the office holders in our federal Executive and Legislative
Branches are busy naming buildings after peers, defining toilet tank sizes, and approving light
bulb types. They pass laws to prevent criminal activity but include immunity for themselves.
The result is that we can no longer exist for an hour without breaking at least one regulation, statute, code,
or ordinance. It follows that if you believe one level of government, another level can fault you if so
inclined. Unlike local laws, experience is that once enacted, the Federal Bureaucracy is such that
correction of stupidly created federal laws is either years in revision or deemed impossible to repeal.
This single example is only one of hundreds available and why I strongly suggest that we
resurrect the meaning and power of the Constitution's Bill of Rights. We must cease ceding that right to
far off self - serving idiots that bargain amongst each other to control every facet of our lives with truly
inane, self - interest laws that lack foresight or logic. As intended by our founders and clearly laid out in
the Constitution, local government is where our fundamental laws should originate and be defended.
Your city attorney can confirm that the federal government has no Constitutional authority to
require state, county or municipal agents to enforce federal laws. More than once in recent history, the
Supreme Court has affirmed this. In addition, Federal agents are subordinate and required to gain
approval and assistance of local officials to enforce federal laws within State, County or Municipal
borders. Statements to the contrary are untrue and are the result of years of Federal agents intimidating
and manipulating local officials. Wide scale non - compliance is very effective in rendering an
unconstitutional federal act null, void or just unenforceable.
A growing number of States and hundreds of Sheriffs across the nation are announcing that local
rights under the Constitution should no longer be compromised by complacency, yielded to fear tactics or
surrendered to bribery with our own tax money; this bribery after it has been looted by bureaucracy and
special interest groups. We plead that you exercise and defend local rights under the 10" Amendment.
State and Municipal governments are not the lap dogs to the District of Corruption unless you so grant it
Thank you.