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HomeMy WebLinkAbout12/07/1998 Regular , ~(- MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 7,1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 7, 1998, at 7:55 p.m., with Council President Shaver presiding. ATTENDANCE Present were Councilors Ballew, Beyer, Dahlquist, Leiken, Maine and Shaver. Mayor Morrisette was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, 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. INVOCA TION The invocation was provided by Pastor Luther Bergerson, Faith Temple. SPRINGFIELD UPBEAT _ 1. Councilor Shaver announced that at the recent League of Oregon Cities Conference, Mayor Morrisette and City Manager Mike Kelly were recognized for their joint achievements for Springfield. Mayor Morrisette received the Jim Richards award and Mike Kelly received the Herman Kehrli Award. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approve the October 1998 Disbursements for Approval. 2. Minutes a. b. September 16, 1998 - Joint Elected Officials Meeting October 12, 1998 - Work Session October 19, 1988 - Work Session October 19, 1998 - Regular Meeting October 26, 1998 - Work Session November 2, 1998 - Regular Meeting November 9, 1998 - Work Session c. d. - e. f. g. . . . 1. Angela E. Helvey, 2480 D Street, Springfield, expressed concerns regarding noise problems. She stated her neighbors play stereos very loud at all hours of the day. She would like the city to consider allowing anonymous complaints regarding loud noise. She also thought it might be helpful if the city would serve as a mediator and assist with problems of this nature. Police Chief DeForrest said he would be happy to call the neighbors and explain that a problem existed with respect to loud noise. He further explained that the police officers do not have the authority to enforce complaints without a signed complaint. He offered to contact the offending parties. Council did not provide Chief DeForrest with any direction to follow-up. 2. Doug McKay, 2350 Jackmont Way, Eugene, referenced a letter he wrote to Council in October. His issues were related to connecting to sewer lines. He said he met with city staff and would like a written response to summarize the meeting. City Manager Mike Kelly provided an overview of this issue along with discussion that occurred during the meeting with Mr. McKay. Staff would follow-up with Mr. McKay in writing. 3. Steve Moe, PO Box 847, Springfield, said he was pleased and thanked Council for their support in annexing Glenwood into Springfield. Councilor Shaver thanked Mr. Moe for his support and efforts for the community. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Angela E. Helvey, 2480 D Street, Springtield, Regarding Springtield Municipal Code, Section 5.220 and Policy Governing Response to Noise Complaints. [See Staff Response Provided.] IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence From Mrs. N. Rebuck, 1128 56th Street, Springfield, Regarding Street Improvement Issues. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR DAHLQUIST, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Correspondence From Attorney James W. Spickerman, 975 Oak Street, Suite 800, Eugene, Requesting that the Public Hearing on the East Main Street Median Project be Postponed or Continued. 5 . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR DAHLQUIST, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Correspondence From Springfield School District # 19, 525 Mill Street, Springfield, Jamon Kent and Correspondence from Mindy Stinson, Gateways Learning Center, Expressing Concerns Regarding Approval of a Liquor License for Brickhouse Tavern. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Amendment to Springfield Municipal Code, Chapter 2, Disposition of Unclaimed Property. ORDINANCE NO. 5903 - AN ORDINANCE AMENDING CHAPTER TWO OF THE SPRINGFIELD MUNICIPAL CODE PROVIDING FOR THE DISPOSITION OF UNCLAIMED PROPERTY BY THE POLICE DEPARTMENT. AND DECLARING AN EMERGENCY. . Captain Swenson presented the staff report on this issue. The draft ordinance deletes former language that required the auction to be held within the city limits. The notice provisions are amended to correspond with procedures set forth under ORS 98.245. That statute was enacted by the 1997 Oregon Legislature. It establishes procedures for the disposition of unclaimed property that, iffollowed by the Police Department, provides immunity from civil or criminal liability. There are two basic differences between the current code procedure and the ORS 98.245. The first difference is the type of notice required. The second difference is the amount of time required. Both are described in detail in the staff report. A copy of ORS 98.245 is also included in the staff report for reference. The financial impact resulting from the adoption of this ordinance is negligible. Captain Swenson provided information regarding the benefits of implementing this ordinance. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5903. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Amendment to Springfield Municipal Code, Adding Section 5.279, Prohibition Against Urination or Defecation in Public View and Amending Chapter 5, Nuisances. . 6 .' . . ORDINANCE NO. 5904 - AN ORDINANCE ADDING TO THE SPRINGFIELD MUNICIPAL CODE A PROHIBITION AGAINST URINITATION OR DEFECATION IN PUBLIC VIEW OR IN A PUBLIC PLACE, EXCEPT IN A LA V A TORY, ADDING SECTION 5.279, URINA TIING OR DEFECA TlNG, AMENDING CHAPTER 5, NUISANCES OF THE SPRINGFIELD MUNICIPAL CODE AND DECLARING AN EMERGENCY. City Attorney Joe Leahy presented the staff report on this issue. The council is asked by the Springfield City Prosecutor to amend the Springfield Municipal Code by adopting an ordinance prohibiting public urination or defecation. The Springfield Police Department has requested that the city revise its Criminal Code to prohibit the aforementioned activities and the Springfield Prosecutor joins this request. The Oregon Criminal Code is silent regarding the violations. The proposed ordinance will serve to preserve and protect the health and welfare of the community as well as punish conduct that causes public inconvenience, annoyance and alarm. The probable fiscal impact is not likely to be significant. The enforcement activity will come from existing police services and personnel. Likewise, revenues generated through fines will most likely be negligible. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5904. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Amendment to Springfield Municipal Code, Section 6.525, Parades. ORDINANCE NO. 5905 - AN ORDINANCE AMENDING CODE SECTION NUMBERED 6,525, PARADES, AND DECLARING AN EMERGENCY (FIRST READING), Police Chief Bill DeForrest presented the staff report on this issue. The proposed amendment is similar to language already included in the Municipal Code Section 7.422 (special events) that authorize the City Manager to waive personnel, materials and service charge for special event permit applicants, if the City Manager deems the event will be a significant and substantial benefit to the Springfield community. The amendment to Springfield Municipal Code Section 6.525 is requested to provide for consistency in the manner special events and parades are reviewed by the city. Based upon past experience, waiver of such fees will result in an estimated reduction of $15000 to $2000 in projected revenue. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5905. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 7 . 1. Committee Appointments a. City Council Ward 6 Appointment. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT LYLE D. HATFIELD TO THE WARD 6 COUNCIL POSITION, EFFECTIVE JANUARY 4, 1999, WITH A TERM EXPIRATION OF DECEMBER 3 I, 2000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Historic Commission Appointment. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT JAMES GRYTE TO THE HISTORIC COMMISSION, WITH A TERM EXPIRATION DATE OF DECEMBER 3 1,2002. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. c. Budget Committee Appointments. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT ELIZABETH BEYER TO THE WARD I BUDGET COMMITTEE POSITION, FOR A THREE YEAR TERM WHICH WILL EXPIRE DECEMBER 3 I, 2001. THE MOTION PASSED WITH A VOTE OF 5 FOR, 0 AGAINST, AND 1 ABSTENTION (BEYER). IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT ALISA CARRILLO TO THE WARD 2 BUDGET COMMITTEE POSITION.FOR A THREE-YEAR TERM, WHICH WILL EXPIRE ON DECEMBER 31, 2001. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports b. Other Business BUSINESS FROM THE CITY MANAGER 1. City Manager Compensation Package. . Human Resources Director Frank Hotchkiss presented the staff report on this issue. Pursuant to Section 5 of the City's Employment Agreement with the City Manager, the City agrees to adjust the City manager's base salary and benefits as the Council may determine on the basis of an annual evaluation and salary review. The annual evaluation and salary review have been completed and the members of the Judiciary Committee (Councilor Shaver, Maine and Leiken), recommended that effective January 16, 1999, the City Manager receive a three percent merit I COLA increase to his base salary. 8 . The members of the Judiciary Committee have reviewed comparability information and conclude the City Manager's compensation package is lower than the average of the City Managers/Chief Administrative Officers of the employers with which we normally compare and that an increase of three percent to the City Manager's base salary is appropriate. It is therefore recommended his current compensation package be increased by an amount equivalent to a three percent merit / COLA adjustment to base salary. The annual increase of $2,904 will be applied as a city contribution to a deferred compensation account to be established for the City Manager. It is further recommended that, consistent with all other general services employees, the City Manager begin making a six percent, pre-tax payment to his retirement plan contribution and receive an offsetting six percent increase in salary effective July 1, 1999. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR LEIKEN, TO APPROVE THE INCREASE TO THE CITY MANAGER'S COMPENSATION PACKAGE RECOMMENDED BY THE MEMBERS OF THE CITY COUNCIL'S JUDICIARY COMMITTEE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Liquor License Endorsement for the Brick House. Community Services Manager Dave Puent presented the staff report on this issue. The owners of The Brick House have applied for a Greater Privilege license from OLCC and are requesting the City Council to endorse its OLCC Liquor License Application. . Council is requesting to provide one of the following recommendations to the Oregon Liquor Control Commission (OLCC) for a liquor license application: 1) grant; 2) Deny; 3) No ,Recommendation; or 4) Do not Grant Unless (applicant demonstrates commitment to overcome listed concerns). Presently, The Brick House is licensed for the sale of beer, wine and hard cider by the drink. The Greater Privilege license allows the vending of hard liquor. During the course of the FY 1998-99 liquor license renewals, the downtown location of the establishment and its proximity to the Springfield Alternative Learning Center was a significant concern to the Council. Because of these concerns, Council made no recommendation to OLCC and went on record stating that incidents associated to the establishment would be documented and if problems or violations occurred within the year, Council's vote would be against renewal for the next year. Relative to the location issue, OLCC may refuse a license to a business located with 50 feet of a school (elementary or secondary) and ifthere is evidence that the business will adversely impact the facility. OLCC rules require that evidence must be based upon reliable and factual information. OLCC may not consider opinion or speculation when deciding whether to grant or deny a license. . Staff has contacted Springfield School District 19 to verify they received Notice from OLCC regarding the change in license request and to notify them of the pending Council action scheduled for this evening. 9 . 1. Greg Byerly, 2050 Harvard Drive, Eugene, representing the Brick House spoke in support of endorsement for an extension to their liquor license. He said the establishment will not have an impact on the nearby school. He said they have helped to clean up the area and do not tolerate malice at their es~ablishment. He said they are a member of the community. 2. Richard Welch, 136 4th Street, representing the Brick House Tavern, discussed improvements made to the establishment. He discussed improved lighting and the creation of a much safer environment around their business. He said people feel safer in the area, discussed the parking lot and improvements they have made and would like to make. Councilor Beyer said her stand regarding this issue has not changed since the last time it was reviewed. She did appreciate all the improvements the owners have made to the business, although, recommended denial because of a school being in close proximity. Councilor Maine said in reviewing the criteria, she was not able to justify denial of the endorsement. Councilor Shaver said the business now has a history to review and consider. When they were a new business, they was no history to evaluate. He indicated their record is good. . Councilor Shaver discussed possibilities of considering an overlay for the core downtown area and possible things to consider in the future. Councilor Liken agreed with comments made by Councilor Shaver and said he was impressed with the improvements and efforts made by the Brick House. He thanked them for testifying this evening. He said their efforts are apparent.. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR DAHLQUIST TO PROVIDE LIQUOR LICENSE RECOMMENDATION TO OLCC FOR THE BRICK HOUSE, LOCATED AT 136 FOURTH STREET, SPRINGFIELD, AND REQUEST STAFF PROVIDE A STATUS REPORT IN SIX MONTH AND REPORT BACK. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST (BEYER AND BALLEW). 3. Changing Basis of Accounting from Cash to Modified Accrual. . Finance Director Bob Duey presented the staff report on this issue. The city's official basis of accounting is the cash basis, indicating that the city reports all of its revenue and expenses on the date moneys are either received or paid. Accounting practices over the years have changed, leading the private sector and much of the public sector to report on a modified or full accrual basis. Although officially on a cash basis yet, the city has modified its cash approach over the years and prepares its annual audit report on the accrual basis and also reports its budget law compliance reports on accrual for its personal services and some of its revenues. The change of basis of accounting would bring consistency to the city's financial reporting, more fairly represent the city' financial position, and allow the design of the city's new People Soft general ledger package to be more in line with future reporting requirements. 10 .. . . IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHA VER, TO HAVE THE CITY OF SPRINGFIELD CHANGE ITS BASIS OF ACCOUNTING FROM THE CURRENT CASH BASIS TO A MODIFIED ACCRUAL BASIS, TO BE EFFECTIVE JULY 1, 1999. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Deferred Compensation Plan and Trust. RESOLUTION NO. 98-65 - A RESOLUTION AMENDING AND RESTATING THE CITY OF SPRINGFIELD DEFERRED COMPENSATION PLAN AND DIRECTING EXECUTION AND IMPLEMENTATION OF THE AMENDED AND REST A TED PLAN. Human Resources Director Frank Hotchkiss presented the staff report on this issue. In 1996, Congress amended the Internal Revenue Code (IRe) Section 457 that regulates deferred compensation plans. The amendments require deferred compensation funds to be placed in trust for the exclusive benefit of participants. The deadline for meeting this requirement is January 1, 1999. The proposed resolution amends the City's deferred compensation plan and adopts a trust to meet these requirements. Approving this proposal will authorize the City Manager to amend administrative service agreements with the City's current deferred compensation carriers, Aetna and ICMA. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 98-65 TO AMEND THE CURRENT DEFERRED COMPENSATION PLAN, TO ADOPT A TRUST FOR DEFERRED COMPENSATION FUNDS AND TO APPOINT THE CITY TRUSTEE OF SUCH FUNDS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Other Business BUSINESS FROM THE CITY ATTORNEY CONTINUE MEETING IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR DAHLQUIST, TO CONTINUE THE DECEMBER 7, 1998, REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL TO DECEMBER 14,1998, AT 2:30 P.M., TO CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION INITIATING THE TRANSFER / WITHDRA WL OF CERTAIN TERRITORY IN GLENWOOD FROM THE CITY OF EUGENE TO THE CITY OF SPRINGFIELD. THE MOTION PASSED wIn-i A VOTE OF 6 FOR AND 0 AGAINST. The meeting was adjourned at 10:00 p.m. Minutes Recorder - Julie Wilson 11 . . . ~JUU-fiA.~ Maureen M. Maine Mayor 12