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HomeMy WebLinkAbout07/07/2014 RegularCity of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY JULY 7, 2014 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday, July 7, 2014 at 7:02 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, 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. Mayor's Recognition a. Proclamation of Support for NEDCO — 35`h Anniversary Mayor Lundberg read from the proclamation. She presented the proclamation to Claire Carpenter - Seguin, Executive Director and several others representing NEDCO. Ms. Seguin presented a t -shirt marking their 35`" Anniversary to Mayor Lundberg. b. Recognition of Jeff and Tami Miller — Springfield Cruz and Show & Shine Mayor Lundberg read from a letter to Jeff and Tami Miller thanking them for their years of service in organizing the Springfield Cruz and Show -n -Shine. Jeff and Tami and their family came forward to accept the letter. 2. Other a. Recognition of Officer Tom Speldrich — 2013 Oregon Drug Recognition Expert Award of Excellence and DUII Hero Award Chief Doney acknowledged Officer Speldrich for his work in arresting drivers under the influence and also his outreach and work done outside of the office. On June 2°d, Officer Tom Speldrich was recognized at a conference/ceremony in Portland as the recipient of the 2013 Oregon Drug Recognition Expert Award of Excellence. On June 11`h, Officer Speldrich received a DUII Hero Award at the Annual Lane County Mothers Against Drunk Driving Appreciation Event/Breakfast held in Eugene. Officer Speldrich has set an example and the benchmark for keeping our community safe by enforcing DUII laws. He not only is a resource to Springfield Police Department, but is a subject matter expert on the topic and teaches officers from agencies statewide. On June 11, he arrested the same DUII offender twice. After the first arrest, the offender bailed out and went right back to his car and tried to drive off. He was arrested a second time for DUII. City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 2 Officer Speldrich said he appreciated working for a City that supported the work the Police Department and he did. He also thanked his wife for her support. CONSENT CALENDAR 1. Claims 2. Minutes a. May 19, 2014 — Regular Meeting b. May 27, 2014 — Work Session c. June 2, 2014 — Regular Meeting 3. Resolutions a. RESOLUTION NO. 2014-22 — A RESOLUTION OF THE CITY OF SPRINGFIELD AMENDING THE SYSTEMS DEVELOPMENT CHARGE TRANSPORTATION PROJECT LIST TO INCLUDE PEDESTRIAN AND BICYLE IMPROVEMENTS FROM THE END OF THE EXISTING MULTIUSE PATH AT GATEWAY LOOP TO GATEWAY STREET. 4. Ordinances 5. Other Routine Matters a. Approve One -Time Only Addition of 80 Vacation Hours to City Manager's Compensation Package. b. Authorize the City Manager to Sign Individual Retainer Contracts with the Firm of Leahy, VanVactor, Cox & Melendy LLP for General Counsel Services. c. Award the Subject Contract to Wildish Construction Company in the Amount of $2,632,737.65 for Project P21080: Franklin/McVay Sanitary Sewer Extension. d. To Award the Subject Contract to Brown Contracting, Inc. in the Amount of $176,987.00 for Project P21085: Main Street Pedestrian Crossing Construction. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW 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. Public Hearing on 2014 Justice Assistance Grant. Services Bureau Manager, Mike Harman, presented the staff report on this item. The City of Springfield is eligible to receive $18,234 from the Department of Justice 2014 Local Justice Assistance Grant (JAG) in 2014. This is an annual, non-competitive grant award designated to City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 3 support public safety goals. The Department expects to receive these funds sometime in the Fall, and the grant period will be for two years. Previous awards have been used to support specialized equipment purchases, training for police and court staff, and support for community policing programs. The Department is proposing that $3,000 of the 2014 award be used to support the Department's volunteer program, and that the remaining $15,234 be used to supplement the Department's FY15 General Fund training budget, which is budgeted at $10,000. The Department has requested this public hearing to inform the Council and the Public of the grant opportunity, and to meet an application requirement for a public hearing. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. BUSINESS FROM THE AUDIENCE Rick Satre, Springfield, OR. Mr. Satre said he was speaking on behalf of the City Council appointed Springfield Development Advisory Committee (DAC). The committee has been working for nearly two years with significant support from staff to improve opportunities for economic development and job creation in the City of Springfield. One of the things the committee prioritized early in the process is the potential to streamline the application of prospective projects through the land use process to save time for the applicant. Most things in Springfield have to go through a Site Plan Review and there is a simplified process the City put into place several years ago called Minimum Development Standards. They are looking to come up with something in between the Minimum Development Standards and the complete Site Plan Review with something called Ministerial Site Plan Review. It has the potential of streamlining the timeline for both the applicant and staff. They are looking at the following priority project areas: Mohawk, Downtown and Glenwood. They hope to have a proposal to the Planning Commission, and then to the City Council sometime later this year. Staff resources have been and remain critical for the committee to do its work. As Council works through the annual process of goals, priorities and allocation of resources, the DAC asks that the Council keep in mind that they cannot do their work without sufficient resources from staff. Phillip Farrington, Eugene, OR. Mr. Farrington said he also serves as a member of DAC along with Mr. Satre, Councilor VanGordon and Planning Commissioner Greg James. There are a number of dedicated volunteers who also serve on this committee. State law requires a clear and objective path for certain types of development, such as low-income housing. The work of the DAC would develop these clear and objective standards that could be applicable to many types of projects besides just residential. The DAC's objective has been to streamline the development review process not only for the applicant/development, but also the staff in their review process. These are both worthwhile objectives. Ultimately the product will allow staff resources to be devoted more appropriately to more complex submittals while allowing more standardized developments to go through a more simplified process. To get to that objective, staff resources are needed. The Council will be having conversations in the coming weeks about staff resources and the DAC feels this is something that merits their consideration. It will pay dividends in the long run for projects in Glenwood and other areas in the City. City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 4 Pamela Freeman, Springfield, OR. Ms. Freeman said she came to ask the Council to expedite the process to help those that live on 18ffi Street. The person of concern still lived in the house and others have moved into the house. Last weekend, the neighbors had to listen to and watch domestic violence at the house. Things are getting worse and the neighbors are getting taunted. Springfield Police have been there to arrest them, but they go to Lane County Jail and then released. The neighbors are here tonight to let the Council know they had not forgotten that they should do something before the Council goes on break. COUNCIL RESPONSE Mayor Lundberg asked Chief Doney to give a progress report, and City Attorney Mary Bridget Smith to give them information on next steps. Chief Doney said the frustration the neighbors expressed regarding the house of concern is valid and has been heard by the Police and City Council. Police have done a number of things, but still not at the threshold to send the second stage letter. There is a case under review by the City Attorney's Office or City Prosecutor's Office from this weekend. If they feel there is probable cause, they can start the next level of proceedings in reference to the alleged nuisance property at 228 18t1i Street. There are two groups involved in this residence: the resident homeowner at 228 18th Street, as well as a home across the street that is associated with them. Those tenants have been evicted, but are still coming around and perhaps living or staying at 228 18th Street. It appears those people are responsible for a substantial amount of the activity. Staff is going to make some proposed changes to the chronic nuisance ordinance. Currently, they are working under the current ordinance and doing all they can, but have not seen any positive changes so will likely be going to the next stage with the owner at 228 18"' Street. Councilor Brew said last time this was discussed, Chief Doney had offered to meet with the property owner. He asked if the property owner had agreed to that meeting. Chief Doney said the owner did meet on the last date available, with Captain Harrison, Chief Doney and Community Service Officer Tana Steers. During that meeting, the owner brought forward three options including moving out of the property and look into having a property management firm manage the home. The third option involved substance abuse treatment. As of this day, there has been evidence of only one of those things being started, but it looks like they are now back where they started. The impetus to change is on the homeowner. If changes aren't made, the Chief believes they will end up in court as a chronic disorderly property. The unfortunate part is the neighbors having to put up with a lot of police activity and disorderly behavior. He understands that it is very difficult to be in their neighborhood at this time. Police will continue to work within the framework. Councilor Brew said part of being a city is that we expect everyone to be good citizens, but no one expected to have a neighbor with chronic disorderly behavior. His heart goes out to the neighbors because it is not something anyone wants to have to deal with. Chief Doney said one good thing that has come about is that the Police Department has made strides with a computer program which provides reports to the Chief every Monday morning, along with the Crime Prevention bureau, of properties in danger of being chronic disorderly properties. He hopes they will be able to catch those cases before they get out of hand with the new proposed ordinance. They have identified at least one other property that is in danger and a letter has been sent to the out-of-state property owner on that case. City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 5 Ms. Smith said after the last meeting, Council directed staff to look at the City's chronic disorderly ordinance. They reached out to other jurisdictions who have implemented this ordinance more often than Springfield. They will bring some proposed changes to the ordinance that includes things such as: don't have to be criminal convictions to be a basis for a chronic disorderly property, changing the number of incidences from four to three; enabling the Police Chief to start the process earlier; and looking at the predicate offenses. Those changes will be coming to Council on July 21 for their consideration. Mayor Lundberg said she was there when the original ordinance was written. The pivotal piece is that as Americans we love our freedom and have built in protections that didn't always work how they should. As difficult as going through the process is, no one wants to give up living in a safe neighborhood. This is not an isolated incident. The City is working on it as quickly as possible and hoped to get a resolution sooner than later. With the new computer program, the Chief has a better mechanism to raise red flags sooner to allow us to be more proactive. She thanked Chief Doney for the work being done, and the neighborhood for being patient through the process. By going through the required process carefully, they will have a better chance of long-term success. CORRESPONDENCE AND PETITIONS 1. Correspondence from Christopher and Deb Michaels, Eugene, Oregon, Regarding Paid Sick Time. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Telecommunications Tax ORDINANCE NO. 1 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 4.600 "DEFINITIONS", 4.706 "FEE FOR USE OF PUBLIC WAYS," ADDING A NEW SECTION 4.707 "TAX FOR PROVIDING UTILITY SERVICE," REPEALING SECTION 4.708 "ANNUAL FEES," AND ADOPTING A SEVERABILITY CLAUSE. Development and Public Works Director Len Goodwin presented the staff report on this item. There is no financial impact as a result of this ordinance, which correct some errors made in adopting ordinance 6398 on March 2, 2014. These errors include the following: 1. In the definition of utility in Municipal Code 4.600, the word "service" was omitted following the word telecommunications. 2. In Section 4.706(1), the statement of the fee for use of the rights of way by entities not providing service was inadvertently omitted. 3. The tax for providing telecommunications service was inadvertently added as part of Municipal Code Section 4.706, instead of being added as a new section 4.707. 4. The annual fee for administration of a utility license has been repealed but the change was omitted. Staff has prepared the attached an ordinance to correct those errors and recommends that the Council adopt the ordinance, City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 6 Mr. Goodwin described the changes to be made in the ordinance. No action was requested. Mr. Goodwin said it would come back for a second reading and adoption on July 21, 2014. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Planning Commission Appointment Planning Manager, Greg Mott, presented the staff report on this item. The City received three applications for this impending vacancy during a five-week recruitment period. At the June 23, 2014 Work Session the Council interviewed all of the candidates. The Council deferred a selection until the July 7th regular session to provide an opportunity for Councilor VanGordon, who did not attend the June 23`a Work Session, to listen to the audio recording of the interviews and participate in the selection process. Mayor Lundberg said Council deliberated during the work session. Councilor Ralston said they had a lot of important issues coming up in the next year and it was important that the new commissioner hit the ground running. Some councilors would like to see new blood, but he wants the most qualified person. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPOINT JOE PISHIONERI, ONE OF THE PLANNING COMMISSION APLICANTS TO THE PLANNING COMMISSION WITH A TERM TO EXPIRE JULY 31, 2018. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (MOORE). 2. Other Business a. Mayor Lundberg said she would be attending the Lane County Board of Commissioners Meeting on July 8 to testify regarding the Eugene sick pay ordinance. b. Mayor Lundberg read from a letter written to Councilor Brew thanking him for his service as councilor for Ward 6. Councilor Woodrow said she had enjoyed having Councilor Brew on the Council. She enjoyed his deliberations and the thoroughness and he brought to everything that came before Council. She was sorry to see him go and wished him well. Councilor VanGordon said he enjoyed having him as a councilor. He enjoyed his humor and wit. He will miss having him serve on the Council and appreciated his insight. It shows that the Council represents the full community. Councilor Moore said thank you and she is going to miss him. City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 7 Councilor Wylie said she hoped he would return to the political realm. He is a good detail man and she enjoyed having him on the Council. Councilor Brew said it had been an honor to be a councilor and is not something he would willingly give up. He knew they were doing something right because, although he had disagreed with each one at least once, he had agreed with them more often and felt they made good decisions. Mayor Lundberg said she also thought he was funny and would miss that. He provided a wonderful perspective they hadn't seen before that was a different way to look at an issue and ask fresh questions. She wished him the best. Mayor Lundberg presented him with a letter and a plaque. Mr. Grimaldi thanked Councilor Brew and presented him with a letter from the Executive Team. He noted that Councilor Brew had worked as a staff member for the City of Springfield and then became a councilor. The transaction was extremely smooth and it had been enjoyable working with him in both roles. c. Councilor Wylie spoke regarding the Eugene sick leave ordinance and said it is a very complicated issue. By signing the letter from the Mayor and Council, she is not saying she disapproves of sick leave for employees. She served as the Executive Director of a large agency for years and always worked hard for the benefits of the employees. The issue is how a single jurisdiction, acting independently, impacts every other jurisdiction and the employers within those jurisdictions. That is why certain laws and rules need to come from a higher legislative body in order to prevent that from occurring. She strongly supports the Mayor and Council in the letter for those reasons. Councilor Woodrow agreed. Sick leave can be beneficial, but there is a time and way to do this and this is causing more complications than needed. Councilor Brew said it reminds him of a proposal years ago for an income tax on people that came into Eugene to work. It is taxation without representation. Springfield employers and employees don't get to vote for the Eugene City Councilors, but would be forced to pay sick time for employees going into Eugene. It's unfair for one city to put in place a tax that will impact another city. Mayor Lundberg said she spoke with one of our legislatures today. There are many issues that involve living and working and having good jobs and benefits. Those issues are best handled at a State or Federal level. She agreed this ordinance is the wrong way to go about doing this. She would be supporting the County on whatever they are looking at to try to help out this situation on the cities' behalf. City of Springfield Council Regular Meeting Minutes July 7, 2014 Page 8 BUSINESS FROM THE CITY MANAGER 1. Springfield Election Information. RESOLUTION NO. 2014-23 — A RESOLUTION ADOPTING THE SPRINGFIELD VOTER'S PAMPHLET POLICY, DIRECTING THE CITY MANAGER'S OFFICE TO MAKE AVAILABLE AN ELECTRONIC VOTER'S PAMPHLET FOR THE NOVEMBER 4, 2014 GENERAL ELECTION, AND SETTING FEES FOR INCLUDING CANDIDATE OR MEASURE INFORMATION IN THE ELECTRONIC VOTER'S PAMPHLET City Recorder, Amy Sowa, presented the staff report on this item. On June 16, 2014, Council adopted Ordinance No. 6322 to amend Springfield Municipal Code Section 2.270(3) "Distribution of Voters Pamphlet", allowing the creation of an electronic voter's pamphlet. The City Council must now make a formal motion for staff to create and make available an electronic voter's pamphlet, or make available electronically candidates list, statements from candidates, measures or arguments relative to measures to be considered and voted upon at any city, park district, school district, or utility board election. Staff has completed the preparation of required policies and documentation in order to proceed with an electronic voter's pamphlet. Upon approval of the motion, staff will notify candidates who file paperwork to have their name placed on the November 4, 2014 General Election ballot, and those filing a measure for inclusion on the November 4, 2014 General Election ballot, of the opportunity to provide information in the online Voter's Pamphlet which is to be called Springfield Election Information. Council thanked staff for putting this together. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 2014-23. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY Ms. Smith thanked the Council for approving their contract. They look forward to serving the City in the coming years. She will work with staff to include information on the Council tracking sheet. ADJOURNMENT The meeting was adjourned 7:51 p.m. Minutes Recorder Amy Sowa � 4 F Elzristine-E- neI lbfayor Hillary Wylie Attest: Council President -k(C Oj R4*a_2 City Recorder