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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. City of Springfield 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. City of Springfield 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. City of Springfield 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.