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HomeMy WebLinkAbout10/01/2001 Regular . .. . . . MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, OCTOBER 1, 2001 The Springfield City Council met in Regular Session at Springfield City Hall, 225 Fifth Street, Springfield, Council Meeting Room, on Monday, October 1,2001, at 7:04 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Hatfield, Lundberg, and Simmons. Councilor Ralston was absent (excused). Also present were Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Attorney Meg Kieran, City Recorder Kim Krebs, and members of staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the pledge of allegiance. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. CONSENT CALENDAR I. Claims 2. Minutes a. August 2, 2001 - Regular Meeting b. August 16,2001 - Work Session c. August 27, 2001 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 01-55 - A RESOLUTION OF THE CITY OF SPRINGFIELD RECOGNIZING THE RETIREMENT OF THE DEBT OBLIGATION ON SELECTED BANCROFT BOND ISSUES AND ACKNOWLEDGING THE CITY'S ABILITY TO RE-APPROPRIATE THE REMAINING RESOURCES. 4. Ordinances a. ORDINANCE NO. 5991 - AN ORDINANCE IMPLEMENTING THE OREGON CONSTITUTION ARTICLE XV, SUBSECTION 10(7)( c) ENACTED BY MEASURE 3, THE OREGON PROPERTY PROTECTION ACT OF 2000, AT THE GENERAL ELECTION NOVEMBER 7,2000 PROVIDING FOR PROPERTY OR PROCEEDS FORFEITED UNDER SUBSECTIONS 10(3), (5), & (8) TO BE DEPOSITED IN THE CITY OF SPRINGFIELD GENERAL FUND. . Springfield City Council Regular Session - October I, 200 I Page - 2 . 5. Other Routine Matters a. . Authorize the Public Works Director to execute an Agreement on behalf of the City with Spatialinfo in the amount of $61, 100, to assist in the Integration ofthe Hansen Infrastructure Management System and the Geographic Information System. PUBLIC HEARINGS 1. Resolution Reinstating a Lien for Unpaid Grass & Weeds Charges, plus Related Foreclosure Costs.] RESOLUTION NO.2 - A RESOLUTION THAT THE FINANCE DIRECTOR OF THE CITY OF SPRINGFIELD SHOULD BE, AND IS HEREBY DIRECTED TO IMMEDIATELY REINSTATE TO THE LIEN DOCKET THE GRASS AND WEED CUTTING'CHARGES, PLUS ASSOCIATED FORECLOSURE COSTS, UPON THE PROPERTY DESCRIBED ON THE ATTACHED EXHIBIT "A". Valerie Nardo was present for the staff report. She requested that this item be set over until November 5,2001, as the property owner has gone back into bankruptcy, and the city is unable to take any action while he remains in bankruptcy. . IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO CONTINUE THIS PUBLIC HEARING UNTIL NOVEMBER 5, 2001. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR 0 AGAINST. . BUSINESS FROM THE AUDIENCE There was none. ORDINANCES 1. Youth Access Ordinance. 'ORDINANCE NO.2. - AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF TOBACCO AND TOBACCO PRODUCTS TO MINORS BY ADDING CHAPTER 5 "PUBLIC PROTECTION" OF THE SPRINGFIELD MVNICIP AL CODE SECTION 5.118 "SALE AND DISTRIBUTION OF TOBACCO AND TOBACCO PRODUCTS TO MINORS" DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2002. Assistant City Manager Gino Grimaldi was present for the staff report. He higWighted a number of issues that the ordinance would address. He said it would require 1) all tobacco sales to be vendor assisted; 2) it prohibits self service tobacco displays; 3) it prohibits the sale of tobacco products to minors under the age of 18; 4) it regulates a placement of tobacco product advertising; 5) requires tobacco retailers to be licensed by the city. . Mr. Grimaldi said if approved by the council, this effort would be assisted by Lane County Public Health in working with staffto first educate vendors regarding the ordinance, and then assist with enforcement practices. He said this is an arrangement that was worked out at a Springfield City Council Regular Session - October 1, 2001 Page - 3 . staff to staff level where Lane County Public Health would assist at no charge to the city. He said there is a license fee that would be put in place later by resolution, and said the details of the resolution are contained in the information in the Agenda Item Summary (AIS). He said this is the first reading only of this ordinance, and would respond to questions of the council. Councilor Hatfield said he would like to request that the hearing be held over until October 15, 200 I. This would allow the council to discuss this in work session on October 8th. Mayor Leiken opened the public hearing. 1. Sean Nack, 238 So. 68th Ct., Springfield, Oregon, said he is supportive of the Youth Access Ordinance. He said he has worked for several years assisting and gathering information, which has led up to this ordinance. He said he and some of his partners have experienced that it is all too easy to purchase tobacco as a youth, which flies in the face oflaws that we already have in existence. He said this ordinance is extremely necessary to prevent tobacco, which is an illegal substance to anybody under the age of 18 from being purchased. He thanked the Mayor and City Council for their support in the past, and appreciates the support now as the council votes on this issue. . 2. Erica Westover, 3862 Winslow Avenue, Springfield, Oregon, said she has also assisted in the research and preparation of this ordinance. She said she has found from personal experience that retailers in this community do choose to sell tobacco to youth under the age of 18. She wanted to express her appreciation to the Mayor and City Council for the consideration of this ordinance, and wanting something better for Springfield youth. Mayor Leiken closed the public hearing. Councilor Fitch commended the group of students in attendance at the meeting, and working so hard on this throughout the summer with the City Council. She thanked the students for their efforts. Councilor Lundberg said this is something that is very important to her, and has been working on it for quite some time. She commended all the student efforts and thanked them for their attendance at the meeting. She also thanked Mary Ausmus who was in attendance as she has also worked very hard in assisting with the development and research of this ordinance. She recognized the efforts of the staff from Public Health. She said in the world today we don't often get a chance to change a lot, and a lot of people have some sort of helplessness about much of what is going on today. She said when she views young people smoking, particularly those young mothers with kids, she wants to make sure we do something to reduce the number of kids that think some how that this is appealing. She said she is hopeful that the smaller details of the ordinance will be worked out at the work session next week, and hopefully return in the near future for the 2nd reading, and final adoption of the ordinance. Mayor Leiken thanked all those in attendance tonight who have put forth a lot of effort towards the development of this ordinance. He commended Councilor Lundberg for her dedication and hard work on this issue. . Springfield City Council Regular Session - October 1, 200 I Page - 4 . BUSINESS FROM THE CITY COUNCIL I. Committee Appointments. a. Arts Commission Application Appointment. Library Director Bob Russell was present for the staff report. He said this is an appointment of an application that was reviewed last week by the council. He requested council appoint Donald Durland to the Arts Commission. IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR FITCH TO APPOINT DONALD L. DURLAND TO THE SPRINGFIELD ARTS COMMISSION TO SERVE A TERM ENDING ON DECEMBER 31,2005. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. Councilor Ballew said she recently attended the Mayor's Art Show, and said she was very impressed with all the talent of the artists in this community. b. Other Business. RESOLUTION NO. 0 I-56 - A RESOLUTION REGARDING THE PROTECTION OF PEOPLE OF DIVERSE CULTURES AND BACKGROUND AND CALLING FOR VIGOROUS INVESTIGATION AND PROSECUTION OF CRIMES OF HATE AND BIAS. . Councilor Hatfield read a proposed resolution into the record, and requested that the council consider adopting the resolution. A RESOLUTION REGARDING THE PROTECTION OF PEOPLE OF DIVERSE CULTURES AND BACKGROUND AND CALLING FOR VIGOROUS INVESTIGATION AND PROSECUTION OF CRIMES OF HA TEAND BIAS. Whereas: Over the last decade, the citizens and leadership of Springfield have worked hard and tirelessly to enhance the City's image. While we will forever have strong roots in the logging and wood products industry that shaped our town, Springfield has recently become a primary destination for new industry and commercial enterprises. From Sony toSymantec to PeaceHealth, Springfield is becoming widely regarded as a City that can make things happen. Springfield has also seen a recent and profound change to its population. Our ethnic population is growing as people of diverse cultures and backgrounds find Springfield to be a great place to live and raise a family. ~. . Unfortunately, incidents against people of color have recently occurred within the Springfield and Eugene community. Some of these seem to have been in response to the recent terrorist attacks, others have not. It is time for the leadership in Springfield to take a strong and unified stand against any form of violence, harassment, threat or intimidation against any person or group of people whether based on their race, nationality, religion or disabilities. We want Springfield to be a livable and safe community for all people, regardless of their skin color, regardless of what place of worship they attend, regardless of what language they speak, regardless of their challenges. We will make every effort to ensure that all of our citizens are Springfield City Council Regular Session - October 1, 2001 Page - 5 . treated fairly and with respect where they live, where they work, where they go to school, where they seek services, shop and play. NOW THEREFORE, The Common Council of the City of Springfield: I. Directs our Police Department to vigorously investigate such crimes of hate and bias and to vigorously enforce the laws pertaining to these crimes, and 2. Asks the District Attorney arid all Prosecuting Attorneys to vigorously prosecute such crimes, and 3. State the livability of our City, now and in the future, depends on how we treat each other. This must be of the highest priority if Springfield is to continue to grow and thrive as an energetic, livable community. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT RESOLUTION NO. 01-56, THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. Mayor Leiken thanked the Fire and Life Safety, and Police Departments for their efforts in raising a substantial amount of funds for the New York City victims. . Mayor Leiken asked Mr. Grimaldi for the information related to the shut down of the machine at ,Weyerhaeuser, and said it is his understanding that the machine is going to be dismantled and be removed from the property tax roles. He would like to know what the impact in losses to this community. He said he also understands that the temporary lay offs at Weyerhaeuser are now permanent. He said at one time the employment was well over a 1000, and has now been reduced to 301. ' Mr. Grimaldi said he would have staff review the property tax, and also review the franchise fee that was received for the power consumption through EWEB, which will likely be a factor. BUSINESS FROM THE CITY MANAGER There was none. BUSINESS FROM THE CITY ATTONREY 1. MountainGate Status and Annexation Request. City Attorney Meg Kieran was present for the staff report. She said the last time this matter was before the council was August 2nd, when the city council authorized a letter be forwarded to the Boundary Commission recommending postponement of annexation of approximately 22 acres of property known as MountainGate. She said that was part of the Phase I subdivision development ,which is part of the MountainGate Master Plan. She said since the nieeting on August 2nd, after which the Boundary Commission did postpone consideration of the annexation until October 4th. . Ms. Kieran highlighted the information contained in the Agenda Item Summary (ArS) and reviewed the attached Memorandum of Understanding (MOU) with Mr. McDougal, and a letter Springfield City Council Regular Session - October I, 200 I Page - 6 from Mr. McDougal dated August 16,2001. She said in the letter of August 16th, Mr. McDougal agreed that no further unauthorized work would be conducted on the property. In the MOU, the developer agrees to a timetable and authorized the city to step in if the timetable is not being met satisfactorily. Also, a land and drainage permit, which was approved subsequent to the MOU, and authorized necessary steps based on recommendations from a geotechnical soil expert and erosion control expert to do soil stabilization and erosion control measures to areas that presented the highest risk. . She said the reason to postpone the Boundary Commission decision in August was to allow the city time to evaluate all the conditions, and determine whether or not the site could still be served in an orderly and efficient manner with a minimum level of key urban services. She said staff is prepared to report briefly on the progress of the developer, and recommend that we go forward with the annexation based on substantial compliance with the developer with the land and drainage alteration permit, and the conditions, and based on subsequent meetings with the developer have met and discussed with staff what needs to be done. Again she said they have substantially complied. Jim Donovan, Planning Division, said in accordance with the land and drainage, staff toured the site today, and staff is here to report that the owner and his consultants have made significant progress in stabilizing the project. There was approximately 100 acres of disturbance. These areas have now been stabilized. It is his finding and recommendation to proceed based on their performance. Councilor Hatfield asked what hasn't been accomplished. . Mr. Donovan said it has been a swarm of activity at the site. There have been numerous crews that have been working on site. The shortcoming relates to the paperwork, tracking, and documentation of the actual specific treatments to certain areas that is coming up to speed. He said they now have a process and protocol in place, and anticipates that city staff will be obtaining daily reports on their progress. Councilor Hatfield asked for clarification as to what has not been accomplished. Mr. Donovan said he did not want to make generalizations; part of the paperwork is still forthcoming. Councilor Hatfield said we are now into this because the work was not done properly in the beginning. He has citizens in his ward that have considerable interest in what is or isn't being accomplished to bring this property into compliance. He wants to make sure that this will not pose a threat to the neighbors. Are we in a position now where the site is now stabilized, and safe for the neighbors, and are waiting some final reports, or has there been work that has been done that has not been properly permitted? Mr. Donovan said all the work that has occurred has been consistent with the submittals from the applicant as reviewed by the city's erosion control and geotechnical experts, and approved. He said the critical work that staff expected on the slope above 67th Street is installed, inspected. He , said these are the highest risks for the residents on 67th Street. He said there is a minor amount of paperwork tracking that is incomplete. He estimates that the paperwork is 90% complete. The . Springfield City Council Regular Session - October I, 2001 Page - 7 . other piece is the long-term maintenance and monitoring plan, which is premised upon the assumption that it will be reviewed in the LDAP step 2 processes. Ms. Kieran responded to questions ofthe council. City Engineer AI Peroutka responded to technical questions of the council. Ms. Kieran said before any construction can take place, an application for subdivision approval would need to be submitted and the city would then have 120 days to approve. Ms. Kieran highlighted the terms of the MOD. Mr. Donovan responded to questions related to the premature land movement, as well as technical questions of the council. Councilor Simmons said based on the information provided by staff, there seems to be some issues regarding whether all the work is complete. He said deferral of the annexation request might be in order, the package is not tied up with a bow, and said due to the nature ofthe complexities, he would recommend delaying this until April 2002. . There was discussion regarding the need to have this work completed whether or not the recommendation is made to go forward this evening. This is a sensitive piece of land, we are going to spend the effort, and time and money whether or not the council chooses to recommend annexation now or later. They discussed the need to continue to stay on top of the situation as the damage is done, it is important to keep a close eye on this key piece of land. IT WAS MOVED BY COUNCILOR HATAFIELD, WITH A SECOND BY COUNCILOR FITCH TO RECOMMEND TO THE LANE COUNTY BOUNDARY COMMISSION TO APPROVE THE ANNEXATION, AND MOVE FORWARD WITH PHASE I OF THE MOUNTAINGATE PROJECT ON OCTOBER 4,2001. THE MOTION PASSED WITH A VOTE OF 4 INF A VOR AND 1 AGAINST (SIMMONS). ADJOURNMENT The meeting was adjourned at 8:00 p.m. (' Minutes Recorder - Kim Krebs .~ Kim Krebs, City Recorder .