HomeMy WebLinkAbout07/01/1996 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, JULY 1, 1996
The City of Springfield Council met in Regular Session in the Springfield City Council Meeting
Room, 225 Fifth Street, Springfield, Oregon, on Monday, July 1, 1996 at 7:00 p.m., with Mayor
Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Ballew, Burge, Dahlquist, Maine and Shaver.
Councilor Beyer was absent (excused). Also present were City Manager Mike Kelly, Assistant
City Manager Gino Grimaldi, City Attorney Tim Harold, City Recorder Eileen Stein,
Administrative Aide Shari Higgins and members of staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Morrisette.
SPRINGFIELD UPBEAT
1. Recognition ofW. G. Willie Combs, for Service to the Springfield Community.
Mayor Morrisette and Fire and Life Safety Chief Dennis Murphy recognized Mr. Combs for
service on the Springfield Budget Committee and also his community service and dedicated
assistance with the passage of the general obligation bond measure.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE,
TO ADOPT THE CONSENT CALENDAR WITH ITEMS 3A, 4C AND 5C REMOVED.
THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR
BEYER WAS ABSENT (EXCUSED).
1. Claims
2. Minutes
a. June 10, 1996 - Work Session
b. June 17, 1996 - Regular Meeting
c. June 24, 1996 - Continued Regular Meeting of June 17, 1996
d. June 24, 1996 - Work Session
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City of Springfield
Regular Council Meeting - 7/1/96
Page two
3. Resolutions
b. RESOLUTION NO. 96-29 - A RESOLUTION INITIATING PROJECT 1-995. STREET
IMPROVEMENTS ALONG SOUTH 41 ST STREET FROM MAIN STREET TO 220
FEET SOUTH. AND VICINITY.
4. Ordinances
a. ORDINANCE NO. 5829 - AN ORDINANCE PERTAINING TO SANITATION.
GARBAGE COLLECTION RATES. COUNTY USER FEES. AMENDING SECTION (2)
OF SECTION 4-2-5 OR ARTICLE 2 OF CHAPTER IV OF THE SPRINGFIELD CODE
1965. PROVIDING AN EFFECTIVE DATE OF AUGUST 1,1996. FOR THE
MAXIMUM RATES AND DECLARING AN EMERGENCY (SECOND READING).
b. ORDINANCE NO. 5830 - AN ORDINANCE V ACA TING AN EASEMENT AND
RIGHT-OF-WAY FOR 9TH STREET LOCATED BETWEEN LOTS 1 AND 10. BLOCK
107 OF THE WASHBURNE'S SUBDIVISION OF THE SPRINGFIELD POWER
COMPANY'S ADDITION TO SPRINGFIELD. LANE COUNTY (SECOND READING).
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d. ORDINANCE NO. 5832 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY
ENGINEER FOR THE INSTALLATION OF STREET WIDENING IMPROVEMENTS
ALONG GAME FARM ROAD BETWEEN HARLOW ROAD AND OAKDALE
STREET, AND VICINITY (1-969) (FIRE STATION #5) AND DECLARING AN
EMERGENCY.
5. Other Routine Matters
a. Approve Endorsement ofOLCC Liquor License for Jason's PUB, Located at 1836 South
A Street.
b. Approve Endorsement of OLCC Liquor License for Timber Bowl, Located at 924 Main
Street.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3 a. RESOLUTION NO. 96-28 - A RESOLUTION INITIATING PROJECT I -988. STREET
IMPROVEMENTS ALONG 51 ST STREET. MAIN STREET TO E STREET. AND
VICINITY.
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Council discussed item #1 of Correspondence and Petitions, from Tony Mills, 288 North
51st Street, expressing concern regarding the pending street improvement of North 51st
Street. Mayor Morrisette stated most of the questions that Mr. Mills addressed in his
correspondence were answered at the neighborhood street project meeting. Councilor
Dahlquist stated he visited Mr. Mills in the neighborhood and provided information about
the amount of and speed of traffic which is the neighbors major concern.
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City of Springfield
Regular Council Meeting - 7/1/96
Page three
Councilor Dahlquist stated he spoke with Supervising Civil Engineer Don Branch, who
indicated that the Public Works department may be looking at an alternative traffic control
modes.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE,
TO ACCEPT THE CORRESPONDENCE FROM TONY MILLS. THE MOTION PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BEYER WAS ABSENT
(EXCUSED).
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHA VER,
TO ADOPT ITEM 3A OF THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
5 c. Approve Bid Award for Project 1-926: South 34th Street. From Main Street to Oregon
Street, and Vicinity to Centerline Excavation and Construction, Inc.. in the Amount of
$140.874.50.
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Council discussed item #2 of Correspondence and Petitions, from Lee Saxton, Leon
Search, and Skeet Phillips, regarding the South 34th Street vacation request. Mr.
Leon Search was present and spoke about safety concerns the neighbors have on
South 34th Street and how many neighbors do not want the street completed
at this time.
Councilor Burge asked Mr. Search if he signed an improvement agreement with the
City. Mr. Search replied yes, but felt that he had been coerced into the signing the
agreement in order to obtain development approval. Council discussed the purpose
of obtaining improvement agreements and how valuable of a tool they become
when street projects are either proposed or requested.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE,
TO ACCEPT THE CORRESPONDENCE FROM LEE SAXTON, LEON SEARCH AND
SKEET PHILLIPS. THE MOTION PASSED WITH A VOTE 5 FOR AND 0 AGAINST.
COUNCILOR BEYER WAS ABSENT (EXCUSED).
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY SHAVER, TO ADOPT
ITEM 5C OF THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF
5 FOR AND 0 AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
Council discussed item 4C from the Consent Calendar and decided to postpone any
action on the item until later in the meeting, as staff was waiting for information from
the City of Eugene.
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City of Springfield
Regular Council Meeting - 7/1/96
Page four
PUBLIC HEARINGS
1. Public Hearing for Project 1-995, Paving, Curbs and Gutters, Sidewalks, Street Lighting,
Street Trees, and Storm Drainage to Serve South 41st Street From Main Street to 220 Feet
South, and Vicinity.
ORDINANCE NO.5 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY
ENGINEER FOR THE INST ALLA TlON OF PAVING. CURBS AND GUTTERS.
SIDEWALKS. STREET TREES. STREET LIGHTING AND STORM DRAINAGE TO
SERVE SOUTH 41ST STREET FROM MAIN STREET TO 220 FEET SOUTH. AND
VICINITY (1-995) AND DECLARING AN EMERGENCY.
City Engineer Al Peroutka presented the staff report. He explained the two properties
involved were owned by Miles Investments, who is planning the development of a Texaco gas
station with a fast food restaurant and David and Janet Tentinger who currently have a RV
park located on their property. Mr. Peroutka explained the street improvement project is a
condition of development approval and was requested by Miles Investments. Mr. Peroutka
stated if the project is approved then a budget transfer will need to occur for assessment
funding. The project meets the same standards as other street projects initiated.
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Mayor Morrisette opened the public hearing.
David Tentinger, 4105 Main Street, Springfield, owner of property at 41st and Main Street,
stated he can not afford to participate in the improvement project at this time. He explained
how he was approached by Bud Miles regarding his development and was told that if he did
not voluntarily participate, that the City would force him to participate in the cost of the street
project. Mr. Tentinger told Council that the improvements would not benefit his property or
business and did not feel he should be required to assist with funding of the project.
Councilor Burge asked why a gap between paved streets of approximately 200 feet in 41 st
Street would occur if this project was initiated. Mr. Peroutka explained why the connection is
not occurring, due to the opposition of three property owners who do not have signed
improvement agreements, and a past Council decision regarding the full street improvement.
Currently, only Mr. Tentinger has a valid improvement agreement and of course, the
developer has stated his intent for the project completion also.
Councilor Ballew asked if the street is currently paved. Mr. Peroutka explained it has an
asphalt matte covering now and could not withstand the traffic level from the proposed
development.
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Andrew Lewis, 180 E. 11th Avenue, Eugene, stated he is representing Mr. Miles in the
development process. He explained that Mr. Tentinger knew of the existing improvement
agreement when he originally purchased the property. Mr. Lewis felt that the City would
set a precedent if Mr. Tentinger was not made to participate in the project with a signed
improvement agreement in place.
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City of Springfield
Regular Council Meeting - 7/1/96
Page five
Mayor Morrisette closed the public hearing.
Councilor Maine supported the improvement project as there is a valid improvement
agreement on file with the City and the project is needed to develop Main Street. Councilor
Shaver agreed and although he stated his sympathies to Mr. Tentinger, the property was
purchased with a recorded agreement and the street project should be initiated.
Councilor Dahlquist stated his support for the project initiation and suggested adding the extra
200 feet needed to complete the full street. Council discussed the remonstrance process and
the number of property owners who would be willing to participate or who have a signed
improvement agreement if the remaining 200 feet were also improved.
Councilor Burge stated an improvement agreement is a condition of development and if the
Council does not uphold the agreements, then future problems will occur and precedents will
be set.
Councilor Ballew stated her concern for both parties, but agreed that the project should be
initiated. She asked how many property owners on South 41 st Street have signed
improvement agreements and how many legal property owners there are.
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Council postponed further discussion of this item until the property ownership could be
verified on South 41 st Street.
BUSINESS FROM THE AUDIENCE
COUNCIL RESPONSE
CORRESPONDENCE AND PETITIONS
1. Correspondence From Tony Mills, 288 North 51st Street, Expressing Concern Regarding the
Pending Street Improvement for North 51 st Street.
This item was approved under the Consent Calendar, item 3A.
2. Correspondence From Lee Saxton, 1175 G Street, Leon Search, 3415 Main Street, and Skeet
Phillips, 3305 Main Street, Regarding the South 34th Street Vacatio~ Request.
This item was approved under the Consent Calendar, item 5C.
3. Correspondence From Phil Wald, 88 Shady Loop, Resigning From the Human Rights
Commission.
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IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE,
TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
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City of Springfield
Regular Council Meeting - 7/1/96
Page six
BIDS
ORDINANCES
1. Nuisance Abatement Procedure Improvements.
ORDINANCE NO. 5833 - AN ORDINANCE AMENDING SPRINGFIELD CODE
CHAPTER V. OFFENSES. ARTICLE. 1 NUISANCES IN GENERAL AND DECLARING
AN EMERGENCY.
Code Enforcement Officer Jackie Murdoch presented the staff report. She explained the
City's existing abatement procedure which involves the City Attorney's Office and Lane
County Circuit Court. The proposed ordinance will reduce both the costs and length of time
needed to gain compliance when voluntary compliance is unsuccessful. Ms. Murdoch
explained the ordinance is one component of an overall strategy to update the nuisance
abatement process which is a high priority Council goal for 1996.
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Mayor Morrisette asked if a compost pile is legal and if a hedge can be used as a fence.
Ms. Murdoch replied that most compost piles do not initiate nuisance complaints and that a
hedge can not be substituted for a fence, per the Springfield Development Code.
Councilor Burge asked who the Hearings Official will be. Ms. Murdoch replied, most likely
Gary Darnielle, currently the City's Hearings Official in the Urban Growth Boundary (UGB).
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
MAINE, TO ADOPT ORDINANCE NO. 5833, AMENDING THE SPRINGFIELD CITY
CODE, CHAPTER V. OFFENSES, ARTICLE 1, NUISANCES IN GENERAL AND
DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
2. Business from Council
a. Committee Reports
Councilor Shaver reported that the Southern Willamette Private Industry Council will
remain under the jurisdiction of Lane County and that a new intergovernmental agreement
will be initiated.
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Councilor Maine commented that the Public Safety Coordinating Council will be having
a retreat on August 26.
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City of Springfield
Regular Council Meeting - 7/1/96
Page seven
Mayor Morrisette stated the Metropolitan Wastewater Management Commission
adopted it's 1996-97 FY budget. He explained the City of Eugene will be setting rates for
the Hyundai Corporation and he will keep the Council informed of rate change
information.
b. Other Business
Councilor Burge reported a power outage he had at his home in which his garage
door openers, microwave, and other miscellaneous appliances were damaged. He stated
he would access the damage in his neighborhood and contact the Springfield Utility
Board (SUB). He was told that SUB does not assist property owners with replacement
costs due to power surges or outages, as they are considered acts of God.
Councilor Burge discussed sanitation rate changes. He stated he was concerned over the
rate increase, when a credit is no longer given to homes that recycle.
The meeting recessed at 8:19
The meeting reconvened at 8:30
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PUBLIC HEARINGS (Continued)
1. Council returned to their discussion of the Public Hearing for Project 1-995.
Mr. Peroutka and Mr. Branch provided a map which confirmed the property owners on
41 st Street. They explained that only three of the eight property owners have signed
improvement agreements.
Council discussed whether or not to pursue the issue of completing the full improvement
project, including the 200 additional feet needed to connect with the paved portion of the
street. Mr. Peroutka read into the record the legal property owners on S. 41st Street.
Councilor Burge stated his support for the full improvement project. Councilor Shaver spoke
in favor of the full improvement project also, but did not feel it was fair to the developer to
wait until after Council's summer recess to obtain street improvement approval.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
BALLEW, TO INITIATE A FULL STREET IMPROVEMENT PROJECT FROM MAIN
STREET NORTH TO BLUEBELL WAY, TO CONNECT WITH THE EXISTING IMPROVED
STREET. THE MOTION WAS AMENDED BY COUNCILOR BURGE, AND SECONDED
BY COUNCILOR BALLEW, TO STATE THAT IF THE PROJECT DOES NOT OCCUR DUE
TO A REMONSTRANCE, THAT THE ORIGINAL STREET IMPROVEMENT PROPOSAL,
WITHOUT THE ADDITIONAL 200 FEET, SHOULD BE COMPLETED.
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City of Springfield
Regular Council Meeting - 7/1/96
Page eight
Council discussed the motion, along with advantages for the neighborhood of connecting the
existing street versus leaving a 200 foot gap.
THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (MAINE).
COUNCILOR BEYER WAS ABSENT (EXCUSED).
BUSINESS FROM THE CITY MANAGER
1. Ratification of Contract With International Association of Fire Fighters (IAFF) Local 1395.
Risk Manager Craig Gibons was present for the staff report. He asked for Council approval
of the agreement of between the City of Springfield and the International Association of
FireFighers (IAFF, Local 1395) , by authorizing the City Manager to execute a new three-year
contract. Mr. Gibons stated the current contract expired on June 30, 1996, and the new
contract would become effective on July 1, 1996.
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IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE,
TO AUTHORIZE THE CITY MANAGE TO EXECUTE THE THREE-YEAR AGREEMENT
WITH IAFF LOCAL 1395. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
2. Request by Sony Disc Manufacturing Company to Extend Property Tax Abatement Benefits
for Additional Two Years.
RESOLUTION NO. 96-30 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN AGREEMENTS WITH LANE COUNTY AND THE SONY DISC
MANUFACTURING COMPANY TO EXTEND THE PROPERTY TAX EXEMPTION
TWO YEARS FOR AN EXPANSION OF SONY'S OPTICAL DISC MANUFACTURING
FACILITY IN THE MCKENZIE GA TEW A Y AREA.
Community and Economic Development Manager John Tamulonis presented the staff
report. He stated Sony Disc Manufacturing Company would like to expand its existing
manufacturing facilities for optical discs, and increase employment for Phase II of
construction by 10%. In order to complete the expansion, Sony is asking for an additional
two years property tax abatement extension, through their enterprise zone benefits. Mr.
Tamulonis explained that Sony has requested an extension for an additional two years, to total
five years of enterprise zone benefits. He stated that Sony will pay the City of Springfield an
additional amount of $59,520 per year, to compensate for police and fire services.
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Mayor Morrisette asked what year of the property tax abatement program is Sony currently
in. Mr. Tamulonis replied, Sony is in the first year and that the first two years of partial
construction were abated by the State of Oregon. He clarified that the $59,520 will be in
addition to the $250,000 that was agreed upon in the original enterprise zone agreement, and
the partial construction program will not apply to any concurrent phases of Sony
development.
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City of Springfield
Regular Council Meeting - 7/1/96
Page nine
Mr. Tamulonis clarified that both enterprise zone agreements will terminate in five years from
July 1, 1996, or July 1,2001.
Council discussed the benefit to the City of waiting until the Sony's annexation becomes
effective to begin the taxation process. Mr. Kelly explained that the annexation effective date
for Sony Disc Manufacturing is July 1,2001, and the City has realized a greater benefit from
negotiating the enterprise zone conditions and annexation process, than if
Sony would of been placed on the City's tax roll initially.
Councilor Ballew asked whether during the initial five year tax abatement period, the City
could deny the two-year extension request. Mr. Tamulonis stated the original exemption
would continue for the initial approved five-year period, but Sony would begin paying taxes
during the third year on the Phase II development costs. Mr. Kelly explained granting the
additional two years would affect the County's tax rate, but would not make a difference in
the amount of taxes that the County actually collects.
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Councilor Burge discussed the depreciation of Sony's real property versus their personal
property, and asked if their $12.5 million dollars of equipment would be listed separate of
their enterprise zone investment. Mr. Kelly explained that Sony could have either made their
equipment investment separate of the enterprise zone abatement process or could have made
the investment without the additional abatement incentive. Mr. Kelly stated that all future
expansion by Sony may depend on it's initial enterprise zone property tax abatements.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER,
TO ADOPT RESOLUTION NO. 96-30, GRANTING SONY DISC MANUFACTURING AN
EXTENSION OF THEIR PROPERTY TAX ABATEMENT BENEFITS FOR TWO
ADDITIONAL YEARS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
AGAINST. COUNCILOR BEYER WAS ABSENT (EXCUSED).
3. Fiscal Year 1996-97 Intergovernmental Human Services Agreement.
Management Analyst Lynn Nakamura presented the staff report. She stated that Councilor
Ballew is Springfield's liaison to the Intergovernmental Human Services Committee (IHSC) .
She reviewed the proposed agreement and stated it was basically the same agreement as
approved for fiscal year 1995-96, with changes in the language referring to both funding and
sub-agreements.
Councilor Ballew discussed both the agreement and the process in which the Springfield
Budget Committee used to determine funding for IHSC in the 1996-97 budget. Councilor
Ballew stated she made the IHSC aware of Springfield's intent for funding in the 1996-97
budget process at the last IHSC committee meeting.
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Councilor Burge stated his concern over the agreement language, and commented on a
discussion he had with Steve Manela of Lane County.
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City of Springfield
Regular Council Meeting - 7/1/96
Page ten
Councilor Burge requested a list of services from all the social service agencies in Lane
County, with their operating budgets and line item descriptions. He stated he would like to
know what services are currently being provided in Lane County.
Mayor Morrisette stated Council should not authorize the City Manager to sign the agreement
and should revise the language to clearly state that Springfield will not give
one percent of its General Fund to IHSC. He strongly emphasized that any agreement signed
should clearly state Springfield's intentions. Mayor Morrisette commented he will
ask the Council to contribute additional funding to certain programs, but for now, Springfield
did not commit to increase IHSC funding and should not be held accountable for it.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHA VER,
TO REJECT AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
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City Attorney Tim Harold clarified that Council had not set a funding goal of one-percent of
the General Fund for FY 1996-97 and stated there is an "out" clause in paragraph 2(a)(2)
which states that a funding commitment of one-percent of the General Fund was not agreed
upon. If Council prefers to delete the language in paragraph 2(a)(2), then a tri-agency
agreement could be presented by Springfield to the other two jurisdictions (Lane County and
the City of Eugene). Mr. Harold asked if Council would be willing to instruct the City
Manager to sign the agreement if paragraph 2(a)(2) was deleted. Council members discussed
their desires to support social services funding at whatever level is needed, but that there were
other service priorities that prevented the Council from being able to fund IHSC at the one-
percent level now. Further, Council clarified that it had already approved FY 1996-97 IHSC
funding with the adoption of the FY 1996-97 budget and there was no reason that funding for
IHSC programs this year should be interrupted. Council clarified their commitment of
funding, but would like the agreement modified to recognize Springfield's budget limitations.
THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (DAHLQUIST) .
COUNCILOR BEYER WAS ABSENT (EXCUSED).
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE,
TO INSTRUCT THE CITY MANAGER TO SIGN THE FISCAL YEAR 1996-97
INTERGOVERNMENTAL HUMAN SERVICES AGREEMENT WITH PARAGRAPH 2(A)(2)
REMOVED; AFTER LEGAL COUNSEL REVIEW, FOR ANY OTHER LANGUAGE THAT
MIGHT NEED TO BE CHANGED IN ORDER TO COMMUNICATE THE COUNCIL'S
POSITION TO THE OTHER PARTIES. IF ADDITIONAL CHANGES ARE NECESSARY,
COUNCIL REQUESTS THA T STAFF RETURN THE AGREEMENT AT THE NEXT
REGULARLY SCHEDULED COUNCIL MEETING FOR REVIEW. THE MOTION
PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BEYER WAS
ABSENT (EXCUSED).
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City of Springfield
Regular Council Meeting - 7/1/96
Page eleven
4. Other Business - Consent Calendar, Item 4C
ORDINANCE NO. 5831 - AN ORDINANCE AMENDING POLICY 2, SECTION III - G OF
THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO PROVIDE
FOR THE EXTENSION OF SANITARY SEWER SERVICE FROM THE EUGENE-
SPRINGFIELD METROPOLITAN AREA TO THE LANE COUNTY SHORT MOUNTAIN
LANDFILL SITE AND ESTABLISHING CRITERIA TO BE USED IN CONSIDERING
FUTURE PLAN AMENDMENTS WHICH ARE APPLICABLE TO POLICY 2. SECTION
III - G; ADOPTING AN EXCEPTION TO LCDC GOAL 11: AND ADOPTING A
SEVERABILITY CLAUSE (JO. NO. 96-04-73) (SECOND READING).
Mr. Mott presented the public record documents, including new items: 1) a memorandum
from Ken Cole, and 2) additional testimony as delivered by Mike Copely from Lane County.
Mr. Mott stated he'd requested a postponement of this item in order to wait for a vote by the
the Eugene City Council on this issue. He reported the Eugene City Council voted five to
four, to defer adoption of the ordinance until an intergovernmental agreement between all
three parties (Lane County, City of Eugene and City of Springfield) has been completed
including the provision that all three parties agree to the terms of the intergovernmental
agreement. He said a date for adoption of the ordinance or intergovernmental agreement
had not been set. Mr. Mott suggested if Council agrees with the action that the Eugene City
Council took, then Springfield should adopt the ordinance. If not, his recommendation was to
reject the ordinance. Mr. Mott answered questions about the intent of Eugene's actions.
Councilor Shaver felt adoption of the ordinance with an intergovernmental agreement to
follow, by all three parties would be appropriate. He felt the City of Eugene acted in good
faith by agreeing not to adopt the ordinance amending the Metropolitan Area General Plan
amendment until an intergovernmental agreement had been proposed and adopted by all
three parties.
Mr. Mott explained the process which would occur in the event that only two of the three
jurisdictions take action on the ordinance, with conflict resolution deferring to the
Metropolitan Policy Committee (MPC). Clarification was made that no action can be taken
on the Metro Plan without Springfield's prior approval of the intergovernmental agreement.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER,
TO ADOPT CONSENT CALENDAR ITEM 4 C, ORDINANCE NO. 5831. THE MOTION
PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BEYER WAS
ABSENT (EXCUSED).
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City of Springfield
Regular Council Meeting - 7/1/96
Page twelve
BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting was continued until July 8, 1996, at 9:50 p.m.
Minutes Recorder - Shari Higgins
~ifL~~
Mayor
ATTEST:
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Eileen Stein .
City Recorder