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Home My WebLink About05/04/1998 Regular ..;....< - '1' . . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MAY 4,1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, May 4, 1998, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION - The invocation was provided by Reverend Bobby Nott, Faith Temple. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly announced that George Sturgis, Fire & Life Safety Department, was not able to attend the meeting this evening and would be recognized for his 25 years of service on May 18, 1998. 2. Mayor Morrisette proclamation May 1998 as Sexual Assault Awareness month. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. March 16, 1998 - Joint Meeting with Chamber of Commerce b. March 16, 1998 - Regular Meeting c. March 23, 1998 - Work Session d. April 6, 1998 - Work Session e. April 6, 1998 - Regular Meeting f. April 13, 1998 - Joint Meeting with Planning Commission g. April 13, 1998 - Work Session h. April 20, 1998 - Work Session i. April 20, 1998 - Regular Meeting . J -,,'_..f . . . .' Meeting Minutes May 4, 1998 Page 2 3. Resolutions a. RESOLUTION NO. 98-23 - A RESOLUTION TO ACCEPT PROJECT 2-061. 31 ST SANITARY SEWER EXTENSION. W STREET. NORTH 120 FEET (TO SERVE 2475 31 ST STREET). FROM CENTERLINE EXCAVATION & CONSTRUCTION IN THE AMOUNT OF $10,278.25. b. RESOLUTION NO. 98-24 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-034. RIVER GLEN, 1 ST AND 2ND ADDITIONS IMPROVEMENTS. 4. Ordinances 5. Other Routine Matters a. Approve Endorsement of OLCC Liquor License Application for Abby's Legendary Pizza, Located at 1710 Centennial, Springfield, Oregon. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Willamalane Park And Recreation District Requesting a Vacation of a 25-Foot Public Utility Easement Crossing at Bob Artz Park on Thurston Road {Map No. 17-02~35-00, Tax Lot. 4402). ORDINANCE NO. 5889 - AN ORDINANCE V ACA TING A 25-FOOT WIDE PUBLIC UTILITY EASEMENT. LANE COUNTY OREGON PLAT RECORDS: AND DECLARING AN EMERGENCY. City Planner Mark Metzger presented the staff report on this issue. The Willamalane Parks and Recreation District is requesting to vacate a 25-foot wide public utility easement (PUE) crossing Bob Artz Park as shown on the drawing in the staff report. The easement was originally created to allow access to water service from Main Street to the south. A,new main was subsequently constructed in Thurston Road, along the north boundary of the subject site; Willamalane contends the easement is no longer needed and interfereswiththeJocationof future improvements to the park. Article 9.030 of the SDC requires the council to find that the vacation is in conformance with the Metro Plan and related planning documents and that the vacation shall have no negative effect on access or any other public benefit derived from the easement. The vacation request was submitted to the Development Review Committee (DRC) for analysis. Substantive comment was received from the Springfield Utility Board (SUB). These comments are reflected in the staff report. Staff has determined that the vacation conforms to the Metro Plan and related planning documents. SUB has submitted a letter to staff indicating it has no objection to the vacation ,~ . . . .;0 Meeting Minutes May 4, 1998 Page 3 of the 25-foot easement. No other concerns or objections were received. It is the opinion of staff that the request meets the criteria for approval described in Article 9.030 of the SDC. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE VACATION APPLICATION [ADOPT ORDINANCE NO. 5889]. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE Mayor Morrisette eXplained that the liquor license endorsement for the renewal period o'f 1998- 99 was scheduled for work session discussion following the regular meeting. Because of timing issues, the item was discussed at 6:30 p.m. Mayor Morrisette explained that only one establishment in particular was discussed by name and that was Rumors. 1. Jamon Kent, Superintendent of Springfield Public Schools, 525 Mill, provided council with a letter requesting that council take action to cause OLCC to revoke the liquor license for the . Brick House tavern at 4th and A Streets, formerly Rumors tavern, which is directly across the street from the Gateway Learning Center. Mr. Kent has spoken with Lou White of OLCC regarding a letter he had sent to Peter O'Rourke ofOLCC. A copy of that letter was also provided. Mr. Kent said it was not in the best interest of the community to have an establishment which sells liquor directly across the street from the school. Many students have family issues around drugs and alcohol and the environment will not be conducive to their situations. He again requested council take action to cause OLCC to revoke the liquor license for the Brick House tavern. Council discussed this issue in detail. After discussion council requested that staff talk to OLCC and find out what constitutes a change in ownership. Specifically, if a six month lapse of time between uses constitutes a new request instead of just a'change of ownership. . It was requested that staff find out when Rumors closed and check the date the Gateway Learning Center opened. 2. Erica Laughlin, 35597 Camp Creek Road, performing arts teacher, said she was considering McKenzie Theater as a location to teach classes. She expressed support for McKenzie Theater. 3. Bonnie Souza, 1709 Rainbow Loop, Community Alliance of Lane County (CALC), expressed concern that the McKenzie Ballroom was being targeted by the council. She said CALC forwarded a letter to council and they would like a response to their questions contained in the letter. t.('",; . . . .". Meeting Minutes May 4, 1998 Page 4 4. Jose Landin, 5360 Jessen, spoke in support of the McKenzie Ballroom establishment. He expressed concern that Latinos were being targeted. He referenced the letter Ms. Souza discussed from CALC and said a response was needed to the questions listed in the letter. 5. James Beard, 1709 Rainbow Loop, spoke in support of the McKenzie Ballroom establishment. He felt the establishment was being targeted by the council and OLCC. He thanked council for the opportunity to speak. 6. Will Myers, 630 Main, owner of McKenzie Ballroom, spoke in support of his establishment. He expressed concern that council has not adequately addressed comments made during the March 16 council meeting. He requested a meeting to discuss issues with the council. COUNCIL RESPONSE Councilor Shaver referenced the letter received from CALC. He said if others have listened to the tape recording of the meeting, they would be aware of what was and was not said. He explained he was not even aware of any minority issues associated with this as referenced by Mr. Landin. He said council was trying to handle a problem in an appropriate way. He expressed frustration council had working with OLCC ad times. Mr. Puent discussed dance hall criteria for permit application approval. He said one 'condition of permit approval was that a six months review was conducted to see how the establishment was operating in the downtown area. Closure time was also an issue. The dance hall could operate up to 2:00 a.m. and a stand alone dance hall license was midnight. Mr. Puent said as a condition prior to the permit being approved, the building was inspected. Staff would further review information related to the dance hall permit, liquor license renewal request and dance hall code requirements. CORRESPONDENCE AND PETITIONS 1 Correspondence from Mr. Michael E. Farthing, Gleaves, Swearingen, eLal., 975 Oak Street, Suite 800, Eugene, Oregon, 97401, Regarding Petition for Public Improvement of Long Ridge' Drive. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR. MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. A written staff response regarding this issue would be provided to council in the near future. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments . . . .;. Meeting Minutes May 4, 1998 Page 5 2. Business from Council a. Committee Reports 1. Councilor Ballew reported on the League of Oregon Cities Taxation Committee. She discussed issues being discussed by the committee. She discussed a potential loss of city tax funds. b. Other Business 1. Principles of Cooperation Agreement. RESOLUTION NO. 98-25 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A PRINCIPLES OF COOPERATION AGREEMENT WITH THE SPRINGFIELD UTILITY BOARD. Senior Management Analyst Len Goodwin presented the staff report on this issue. Further discussions have taken place between members of the council and members of the Springfield Utility Board with respect to the provisions of the Principles of Cooperation Agreement which was originally reviewed with the Council in October 1997. On the basis of those discussions, the proposed agreement has been revised to eliminate all references to the question of franchising natural gas activity. SUB will continue to pay to the city in-lieu-of tax payments as provided in the agreement of January 1, 1995 between the parties (Cooperation Agreement, Page 2, Paragraph 6). It is the intent that the city shall suffer no loss of revenue as a result of this new agreement. SUB shall have the right to develop and operate commercial telecommunication services and the city has the right to charge reasonable fees for all providers including SUB. The proposed agreement does not deal with any issues concerning natural gas service or regulation of natural gas suppliers. Assuming that the agreement is approved by SUB at its May 13, 1998 meeting, the Telecommunications Ordinance, which was reviewed by the council on October 27, 1997, will be submitted for adoption on May 18, 1998. Mr. Goodwin and Councilor Shaver answered a question from Councilor Ballew regarding Attachment A of the staff report, proposed agreement, Item B, regarding SUB having authority under the Charter to operate, maintain, supervise, and control, for and on behalf of the city, electric, water and cable communication systems. This wasnot a proposed change from what they are already allowed to do. Mr. Kelly reaffirmed the response provided by Councilor Shaver. Councilor Shaver said ifthis was approved, it would go before the SUB Board for review on May 13. Council was scheduled to review the telecommunication ordinance on May 18. , ~ . . . Meeting Minutes May 4, 1998 Page 6 IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT RESOLUTION NO 98-25. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY MANAGER 1. Other Business BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8:00 p.m. Minutes Recorder - Julie Wilson <;; l~~x,w~m ~~i~~J( Assistant City Manager Gino Grimaldi ~i!t~ Mayor