HomeMy WebLinkAbout02/05/2007 Regular
City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, FEBRUARY 5, 2007
The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, February 5, 2007 at 7:01 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow and
Pishioneri. Also present were City Manager Gino Grimaldi, Interim Assistant City Manager
Mike Harman, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leiken.
SPRINGFIELD UPBEAT
1. Groundwater Guardians Presentation.
City Planner Linda Pauly said while attending the Groundwater Foundation conference in
Portland in November, she learned that Springfield's drinking water protection overlay district
ordinance, SDC Article 17, was being used as an example ordinance for other jurisdictions in
Oregon. She said she was very proud of the City's drinking water protection overlay program.
Protection of our drinking water resources was critical to support our growing population and to
support the City's continued economic vitality. In her work as a planner, she has worked with a
number of business owners and developers seeking development approval for land uses within
the drinking water protection overlay district. Without exception, she had found the development
community to be very supportive of the City's program.
At the Groundwater Foundation conference in November, the Springfield Groundwater Guardian
team received national recognition for its accomplishments during 2006 and was honored as a
"ten-year team." Ms. Pauly introduced Amy Chinitz, Water Quality Protection Coordinator with
the Springfield Utility Board (SUB).
Ms. Chinitz thanked the City Council for supporting activities of the Springfield Groundwater
Guardian team for the last ten years. She presented a plaque which represented national
recognition for accomplishments during 2006. She said the team was a volunteer group made up
of agency staff, businesses, non-profit organizations, educators and private citizens, working in
partnership to protect our drinking water resources. The team's special challenge was to motivate
people to protect something they couldn't see - groundwater. She gave examples of how this
team made a difference. She discussed the work done by budding chemists from Thurston High
School's community quality testing lab and the work done by students at Springfield High School
in making a water documentary video.
City of Springfield
Council Regular Meeting Minutes
February 5, 2007
Page 2
Mayor Leiken said over the years, the developers had come to understand the ramifications and
learned that protecting the environment was good business. Springfield had been a leader in this
area locally and nationwide and he wanted that to be more publicized. He thanked the
Groundwater Guardians and said the award personally meant a lot to him. He said it was another
TEAM Springfield partnership. .
2. WalMart Check Presentation to the Springfield Police Department.
Police Chief Jerry Smith said the representative from WalMart was not available for this
presentation. He reminded Council that about a year ago WalMart provided $900 to the Police
Department to help sponsor some of the costs for the D.A.R.E. program. WalMart was again
donating $900 to the Police Department for some equipment. He thanked WalMart for their
contributions to the Police Department.
3. Recognition of Judge Jon Joseph, 40 Years of Service.
Mayor Leiken recognized Judge Jon Joseph for his 40 years of service to the City of Springfield
in the Municipal Courts. He said the Council hired the City Manager and the Judges and
reviewed them annually. He asked Judge Joseph to introduce his family.
Mayor Leiken said Judge Joseph was first sworn in as Pro-Tern Judge on January 10, 1966. He
relayed some of the history of Judge Joseph's years with the City. He noted the many changes
during Judge Joseph's tenure as judge. Mayor Leiken noted a humorous case Judge Joseph
recently heard. Judge Joseph had been dubbed the "youngest judge at heart" by the court clerks.
Mayor Leiken said in the past when Judge Joseph was asked what the Council could do to
improve and help the judge, he had answered that the City needed their own jail. That jail was
now becoming a reality. Mayor Leiken presented Judge Joseph with a plaque and thanked him
for his service to the community. He thanked Judge Joseph's family for allowing him to provide
service to the City.
Judge Joseph said he had thorougWy enjoyed this position. He said he looked forward to it every
day and he had a wonderful staff. He said he was proud to say that his son and daughter-in-law
lived in Springfield.
4. Presentation of Certificate to Springfield Library.
This item was pulled and will be rescheduled.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Claims
a. Approval of the Financial Reports for December 31, 2006.
2. Minutes
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 3
a. January 22, 2007 - Work Session
b. January 22, 2007 - Regular Meeting
3. Resolutions
a. RESOLUTION NO. 07-05 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30479: ST. VINCENT DE PAUL SOUTH 46TH STREET IMPROVEMENTS.
b. RESOLUTION NO. 07-06 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30385: ST. LUCIA PLACE SUBDIVISION.
c. RESOLUTION NO. 07-07 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30482. 41 ST AND CAMELIA STREET IMPROVEMENTS.
4. Ordinances
5. Other Routine'Matters
a. Support of the Four Cornerstones of HeaIth Care Transparency with Mayor Leiken's
Signature on the Statement of Support on Behalf of the City.
b. Authorize the City Manager to Execute a New Agreement with Willamalane Park and
Recreation District Regarding Collection of Park SDC's.
c. Re-Appoint Gloria Foust, Human Resources and Operations Director at Oregon Medical
Laboratories, and Chris Monnette, Director of Royal Caribbean International, as
Springfield Business Representatives on the Lane Workforce Partnership Board with
terms expiring December 31, 2009.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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 Records Request Policy.
RESOLUTION NO. 07- 08 - A RESOLUTION ESTABLISHING A SYSTEM FOR
RECOVERING CITY EXPENSES INCURRED IN RESPONDING TO REQUESTS FROM
THE PUBLIC FOR DOCUMENTS AND PUBLIC RECORDS.
City Recorder Amy Sowa presented the staff report on this item. Under the Oregon Public
Records Law (ORS 192.420), every person has a right to inspect nonexempt public records of a
public body in Oregon. Under this same law, it is noted that the custodian (City) of the records
may adopt reasonable rules necessary for the protection of the records and to prevent interference
with the regular discharge of duties of the custodian. The Public Records Law also authorizes a
public body to establish fees "reasonably calculated to reimburse the public body for the public
body's actual cost of making public records available".
Actual cost may include a charge for the time spent by the public body's staff in locating the
requested records, reviewing the records in order to delete exempt material, supervising a
person's inspection of original documents in order to protect the records, copying records,
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 4
certifying documents as true copies, or sending records by special methods such as express mail.
Actual cost also may include the cost of time spent by the public body's attorney reviewing,
redacting and segregating records at the public body's request. See Attorney General's Public
Records and Meetings Manual.
The City does not currently have a city-wide public records request policy in place, although a
system has been used that allows access to public records by the public with some cost recovery
to the City. It is in the City's best interest to have a set policy for such requests. The attached
resolution puts in place a policy that reflects current practices. A Public Records Request Form is
also attached.
Mayor Leiken opened the public hearing.
1. Curtiss Greer. 357 55th Street. Springfield. OR. Mr. Greer said the citizens currently enjoyed
a mutual relationship regarding disclosure of information. The present manner of handling
records did not create the potential for arbitrary concealment of records. The current
relationship encouraged public participation. The resolution proposed created a vehicle for
departments to conceal information it did not want the public to know. The manner this
would be accomplished was through requirements of the resolution. Having to state the
purpose for the information was to alert anyone as to whether or not they wanted the citizen
to know. He further discussed the policy regarding cost. He felt the department could make
an estimate that would financially prohibit anyone to act. He said this was putting another
layer of protection over departments and was the cause for public distrust in many areas. He
said this also set up a possible double cost to the taxpayers, as legal action could be less
costly. He quoted ORS 192.440, and noted that it authorized, but did not require
establishment of a resolution of this nature. This resolution had him put a hold on signs he
was having made for the side of his truck which stated his support of this City. He would like
his community to stay a user friendly arena and not turn into a bureaucracy.
2. Fred Simmons. 312 S. 52nd Place. Springfield. OR. Mr. Simmons referred to the section in
the resolution that referred to time and cost in retrieving information. He said that was the
kind of thing he wanted to prevent. He understood the desire to make this policy
standardized, but felt the way it was written showed cost recovery of one hundred percent
would try to be captured. He said if a development project came along, the same standard
was not applied because one hundred percent of that cost was not being captured. He said he
appreciated the work Ms. Sowa and Mr. Leahy had done on this policy, but felt it was a
potential problem. He referred to the discussion during the work session regarding electronic
communications and the time and cost involved in retrieving information from the electronic
communications. It could be possible a court would have to review those types of records to
distinguish what was exempt and nonexempt. He asked Council to consider the potential
impact and the wall that this created. It created simplicity, but also problems. There were no
provisions regarding the inability to pay. He asked Council not to adopt this until further
research could be done.
Mayor Leiken closed the public hearing.
Councilor Woodrow said Item f in the resolution stated that the "decision by the City Manager on
any fee waiver or reduction was final". He felt that allowed for a decision on inability to pay.
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 5
Mr. Leahy said he would endorse the efforts by Ms. Sowa to have a written policy in respect to
records requests. Speaking on behalf of Ms. Sowa and himself, he noted that staff would
continue to endeavor to provide public records to the public as soon as possible upon receipt.
There was no intent to drag anything out to twenty-one days. If the material was available, it was
clear that the public business must be done in public and should be turned over as soon as
possible and we would continue to do that. The City had received some very large requests that
required a lot of stafftime to pull together. The twenty-one days would put a timeline on the City
to get those large requests processed perhaps sooner than we had in the past in some cases. He
said the City abided by the rule and if a large request was made and part of the information was
readily available, that went out early. This should not be remotely interpreted as any endeavor by
the City of Springfield to place a barrier to providing public information. The public was entitled
to information and would continue to receive that information when requested. He would rather
be in a position of the City Council having a policy in place than not. It was best to have a policy
and if citizens complained about the policy, Council could choose to make amendments to the
policy. No one should interpret this as any diminishment of public access and public right to
know in Springfield.
Councilor Wylie asked how important it was that Section 1, line three which stated, "and where
relevant the purpose for which the request is made" be filled out on the request.
Mr. Leahy said ifthe City received a request and left that section blank, he would instruct staffto
move forward and produce the documents. It was important in some situations when there was a
balancing. There could be a situation where the City needed to take the request to court because
there was something the City did not want to disclose, and it was a permitted exception, but
perhaps in the gray area. The court would balance the public interest in disclosure, which related
to the reason, versus the public interest in nondisclosure. At some point, if the City chose not to
disclose, that issue could surface. If the City didn't have the information in the application and it
went to court, that information would be necessary for a determination by the court. In terms of
turning over information that was not exempt, the reason for the request did not matter. He said if
someone didn't want to fill out that portion ofthe request that was fme.
Councilor Ballew said knowing that information would better facilitate the research in trying to
accomplish what the requestor wanted.
Mr. Leahy said that was correct. He noted instances when requests came in that were too broad.
It was helpful to know exactly what the requestor wanted. The City's policy was to turn the
information over to the requestor unless it was exempt.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT RESOLUTION NO. 07-08. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
None.
COUNCIL RESPONSE
CORRESPONDENCE AND PETITIONS
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 6
1. Correspondence from Robert Ashburn, 5998 A Street, Apartment A, Springfield, Oregon and
Others Regarding Cats Running Free.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
a. Appointment of a Springfield Representative to the Metropolitan Wastewater
Management Commission (MWMC).
Environmental Services Manager Susie Smith presented the staff report on this item. The
term of Springfield's current lay representative, Doug Keeler, to the MWMC expired
February 1,2007. The City Council needs to appoint a representative to serve the next term,
which extends through February 1,2010. Two applications for the position were submitted
and are being forwarded to the City Council for consideration.
The MWMC is composed of seven members. Springfield is represented by one City
Councilor, Anne Ballew, and one citizen. Doug Keeler, who works for Weyerhaeuser,has
represented Springfield on the Commission since 1997, and currently serves as the President
of the Commission.
The vacancy was advertised in the Register Guard and applications were accepted from
November 14,2006, through January 19,2007. Two applications were submitted by
Springfield residents. The two completed applications provide background information and
the stated interest of the applicants.
The Springfield appointment is scheduled for discussion and action at the City Council's
work session and regular meeting on February 5,2007.
Ms. Smith said the community had been well served by Councilor Ballew and other
experienced commissioners on the MWMC. She noted that when she attended the Bond
Rating Agencies Presentation in San Francisco, Doug Keeler took the leadership role as Chair
of the commission and made the presentation. He represented the commission well and
professionally.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY
COUNCILOR WOODROW TO APPOINT DOUG KEELER AS THE CITY
REPRESENTATIVE TO THE METROPOLITAN WASTEWATER MANAGEMENT
COMMISSION (MWMC) WITH A TERM TO EXPIRE FEBRUARY 1, 2010. THE
MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 7
b. Arts Commission Appointments.
Library Manager Barbara Thompson and Librarian Carrie Schindele-Cupples presented the
staff report on this item. The Arts Commission will have three vacancies on its board due to
a term expiration of member Janelle McMahan, and two resignations by Kris Redmond and
Rosalee Baker. Ms. McMahan has served one full term and is eligible to re-apply.
In response to the news releases of October 20, 2006 and November 29, 2006, the Arts
Commission received six applications to fill three vacancies. The Arts Commission reviewed
all applications and met with five applicants during its regular December 11th meeting. One
applicant, James Chastain, did not attend the mandatory Arts Commission meeting and was
unavailable for contact. His application was withdrawn.
The Arts Commission recommends that Janelle McMahan be re-appointed and that Carol
Plaia and Scott Wylie be appointed to the commission, with terms to expire December 31,
2010. Ms. McMahan is eligible to serve another term. The Arts Commission has found her to
be a valuable member. Ms. Plaia is a performance artist new to Springfield and has extensive
experience with fundraising and art acquisition. Mr. Wylie has served on the Arts
Commission before and is eligible to serve again; he is a landscape architect and provided
valuable contributions during his prior service on the commission.
Ms. Reade has extensive experience with the arts and most recently served as president of the
Emerald Art Association. The commission will encourage her to re-apply for a future
vacancy.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY
COUNCILOR WOODROW TO RE-APPOINT JANELLE MCMAHAN TO THE
ARTS COMMISSION WITH A TERM EXPIRING DECEMBER 31, 2010. THE
MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY
COUNCILOR WOODROW TO APPOINT CAROL PLAIA AND SCOTT WYLIE TO
THE ARTS COMMISSION WITH TERMS EXPIRING DECEMBER 31,2010. THE
MOTION PASSED WITH A VOTE OF 5 FOR, 1 AGAINST and 1 ABSTENTION
(WYLIE).
c. Planning Commission Appointment.
The seven member Planning Commission had a single vacancy as a result of Mr. Greg Shaver
completing his 4 year term on December 2, 2006 and declining consideration for
reappointment.
The City received one application for this vacancy during a two month recruitment process.
Mr. Kirschenmann resides at 1159 South 68th Street and is employed by Rexius Sustainable
Solutions, 5610 Main Street, Springfield. The Council interviewed Mr. Kirschenmann on
January 8, 2007. Formal ratification by the Council must occur during a Regular Session.
City of Springfield
Council Regular Meeting Minutes
February 5,2007
Page 8
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY
COUNCILOR WOODROW TO APPOINT JOHNNY KIRSCHENMANN TO THE
PLANNING COMMISSION WITH A TERM EXPIRING JANUARY 16,2011. THE
MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Business from Council
a. Committee Reports
1. Councilor Ralston reported on the Housing Policy Board. He said there was a
meeting today, and discussion was held on mobile home parks and the issue of when
they were closed down. Councilor Solomon from Eugene headed a task force and
laid down some ground rules for approval. They were asking that the cities and Lane
County adopt ten rules for procedures for closing mobile home parks. He discussed
several of the proposed rules including: 1) all three jurisdictions establishing
protections for residents of manufactured home parks when owners voluntarily
closed or converted (Councilor Ralston asked for a model to review which someone
will bring to him.); 2) a 365 day closure notice when someone went in to rent; 3)
procedures for payment to tenants for moving. He said he agreed with most of the
recommendations until they came to item 7) the closing park owner should pay the
compensation required by #6, minus any state subsidy. He said the state had a
$10,000 tax credit and he didn't feel the public should be subsidizing a developer
coming in and shutting down a mobile home park. He felt it was more of an
incentive to a property owner to shut down their park if they knew they would
receive $10,000 from the State. That issue was being argued at the State level. In
addition, the local governments shall give the owner credit for system development
charges (SDC). Most trailer parks were 20 or 30 years old, and put in possibly before
SDC's were even charged. He felt that was not equitable and there was something
wrong with that proposal. He suggested that if there were records ofSDC's that were
charged when the park was developed, that amount could be subtracted out and given
as a credit. The owners would be making a lot of money redeveloping the property
and he felt development should pay for its own costs.
Councilor Ralston reported on Lane Regional Air Protection Authority (LRAP A).
The term expired for the board member who represented the rural area at large. The
position was advertised for with preference for rural applicants, with a priority for
someone from Oakridge. Currently, Oakridge and Cottage Grove split every two
years. There were so many air quality issues regarding Oakridge, he suggested there
was a permanent representative from Oakridge. There were nine applicants,
including Don Hampton and Glen Fortune from Oakridge. Glen Fortune was
appointed. There was an advisory committee that had done some groundwork for
LRAP A over the years, but the advisory committee had become unbalanced and one-
sided. Five people were appointed to the advisory committee, Russ Airs from
Weyerhaeuser was re-appointed and four new members. He felt that three of the new
members were reasonable and two of the new members had indicated on their
applications their extreme views. The board started the process of goal setting, which
would be a long process. LRAP A can't raise fee over what the Department of
Environmental Quality (DEQ) charges, which was one of the suggestions. He read a
City of Springfield
Council Regular Meeting Minutes
February 5, 2007
Page 9
list of complaints received each month. He said the biggest issue was the issue of
controlling dust at gravel pits.
Councilor Wylie said she was interested in the potential closing of trailer parks in
Glenwood. She attended a City Club meeting regarding this topic and talked with
Community Development Manager John Tamulonis who had a vast amount of
information on this. She said if the City was going to be required to come up with
something, Mr. Tamulonis would be the appropriate staff member to present this to
Council during a work session.
Mayor Leiken said he would be excluding himself from any discussions on mobile
home parks because his family owned several, and he would have a bias.
2. Mayor Leiken said several from the City went to 2008 Olympic Trials event. There
were a lot of businesses attending and it was a great event.
BUSINESS FROM THE CITY MANAGER
BUSINESS FROM THE CITY ATTORNEY
Mr. Leahy said if Councilor Ralston got a proposed bill (regarding mobile home parks) to the
City Attorney's office ahead of time, they could review it and let him know where it was
consistent with State law. He would then have that information before discussing it further with
the Council.
Councilor Ralston said it could be several months. The State was making their own rules which
would pre-empt all local rules.
ADJOURNMENT
The meeting was adjourned at approximately 7:45 p.m.
Minutes Recorder Amy Sowa
Attest:
~
City Rec er. .