Loading...
HomeMy WebLinkAboutNotes, Meeting CMO 7/16/2007 " City of Springfield Regular Meeting ,I , 'Ii ,The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Mond~y, July 16, 2007 at 7: II p,m" with Mayor Leiken presiding, MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, IULY,16, 2007 1 A' ATIENDANCE :' '., ' A ~ ' , Present were Mayor Leiken and CounCilors Lundberg, WYlie~B~RaIston, Woodrow and Pishioneri, Also present were City Martager Gino Grimaldi;-M~istant city Manager Jeff Towery, II # ': - \.. . "- ~~Attomey Joe Leahy, City Attomer Matt Cox, Ci(Re, cord \:er Amy sowa,~~ers of the PLEDGE OF ALLEGIANC~ "",V Y , , The Pledge of Allegiance was led by ~a\o~, SPRINGFIELD UPBEAT " \~\' ~ I Recogmtion ofK-9 Britt. '. II ~.' /,~~ , . ~ . '''\\1'' "')/ Police Chief Jerry Smith g~anintro d'"uctiOn f;;r~thiS presentation, /~ \ \' \. ' b-.."-'. \}.1 \\~ Police Sergeant Rieh Cnarboneau came forward to acKnowledge K-9 Britt, along with Officer Brian Humphr~y~~9 Br1tt~'as'pom~stofJJ97 in the Czech Republic, Officer Rick Lewis worked wlth.BtItt from.December'of2000'toMay of 2004, Bnan Humphreys worked With Bntt from June/or2004t()'May'of 200'l~~h~,n he retired, Britt now lives at home with Brian, /( ~\ 1 L ,,",--.p' Du '~h' " I' d ' h th' /rC' f S ' fi ld B ' d' ctl 'bl " th nng IS years as a po Ice, og Wit e ItY'O pnng e , ntt was Ire y responsl e ,or e capture and.afrest of82 susp'ectS and I%'covercd $37,429,00 worth of property, Britt was also a hit at K-9 demoristr~tions and co\npetitionS as he loved attention, especially from children, His playful, loving,'and'loyal derricimor made Britt a pleasure to handle and work with, " ~~ ii Sergeant' Charboneau recaIled two arrests that K-9 Britt was responsible for. One of the best things the K-9 departm'tnt could do is Ihake the public feel they had confidence in the dogs, "I . ./ Chief Smith presented a plaque to Briah Humphreys for Britt, He read from the plaque, " i! 2" Trig'Star Acknowledgement - Nick Aldridge, Springfield High School. ., , Mayor Leiken acknowledge Nick Aldridgc for his accomplishment in the Trig'Star Competition, The Trig'Start Program Contest is an bnual high school mathematics competition sponsored by the National Society'ofProfessional SJ'rveyors based on the practical application of TrigoIJQmetfY,: The program reC9~'1eS,: the best students from high schools throughout the nation, , uate ReceiVed: 7 II b 11)',7 Planner: DR ~,. '1_ (Zi ?/fZ~)) , . I, " '\ 11 City of Springfield , Council Regular Meeting Minutes July 16, 2007 Page 2 ' . ~ I II 'I The purpose of the Trig'Star prograni:: . To promote the study of trigonometry in high school and to promote excellence in the mastery of trigonometry by honoring the individual student who has demonstrated superior skill among classmates at the High School level. ", . To acquaint the high school trigonometry students with the use and practical application of trigonometry in the surveying profession, . To,build an awareness of sun:;eying as a profession among the mathcmatically-skilled high school students, career gUidance counselors and high school math teachers, , I :i Nick Aldridge from Springfield High School won the local competitiol)and has complcted his test as the State representative in the Dational competition, Results of.thenlltipnal competition will be known sometime after July 19,! ' . ~ Mayor Leiken read from a letter to Nitk and presented it to him" , ~'\ 3, Employee Recognition ~ Brian B~mett, IO Yearsof,SefVice. , :! /1 ' City Manager Gino Grimaldi ac~owjedged BridB~ett for h~'1 0 years of scrvice to the City of Springfield. He noted Mr. Barnett~'s involvement iri'a,~~e{ofprojects during~fus career with the City and his work with neigh~,' ors and citizens, He~~sed his involvement in dcslgmng roundabouts ill our commurtY.~ ' ~ ' Brian Barnett thanked the Mayor and :Fo~Cilor,~enior stafffOyir"SUPport, CONSENT CALENDAR , !: V~ ' ~.i ~/")/ IT WAS MOVED BY,COUN<':ILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE"CONSENT'GALENDAR THE MOTION PASSED WITH A VOTE OF 6~F~R ~ O~~AINST," ) )7 L clmm~ ~~~~ '~,~'" of '""'\'\ "''''V,'rsements for Approval. 2, Minutes "" "" 1) 1: a. June ~007 - Work'session ""\" ..... (' II b, July 2, 2007" ~ork>Session ! c, July 2, 2007 -\Regu/lar Meeting Y i '3, Resolutions a, RESOLlJfION NO, 07-32 ~ ~ RESOLUTION TO ACCEPT PERMIT PROJECT P30402: MOUNTAINGATE, PHASE 4, b, RESOLUTiON NO, 07-33 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30490: FILBERT MEADOWS SUBDIVISION, c, RESOLUTION NO, 07-34 - \\ RESOLUTION TO ACCEPT PERMIT PROJECT P30492: GOLDEN EAGLE SUBDIVISION, City of Springfield Council Regular Meeting Minutes July 16. 2007 Page 3 \ 'i o d, RESOLUTION NO, 07-35 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS EXCEEDING $35.000 AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS DURING THE PERIOD OF JULY 17. 2007 TO SEPTEMBER 10. 2007 WHILE THE CITY COUNCIL IS IN RECESS. 4, Ordinances a. ORDINANCE NO, 6200 - AN ORDINANCE AMENDING THE METRO PLAN DESIGNATION OF APPROXIMATELY 5.24 ACRES OF LAND. IDENTIFIED AS ~ANE COUNTY ASSESSOR'S MAP 17-02-32-00, TAX LOtS.400 AND 402 FROM LIGHT MEDIUM INDUSTRIAL (LMf). TO COMMERCIAL WITH AN AUTOMATIC REDESIGNATlON TO THE EAST MAIN'REFINEMENT PLAN fROM LMI TO COMMUNITY COMMERCIAL (CC{ '" "', b, ORDINANCE NO, 6201 - AN ORDINANCE AMENDING THE SPRINGFIELD ZONING MAP BY REZONING APPROXIMAtELY,5~24 ACRES. ORLAND IDEI'; Ill' lliD AS LANE COUNTY ASSESSOR'S MAP 17-02-32-00"TAx LOTS 400 AND 402. FROM LIGHT MEDIUM INDiJSTRIAL (LMf) TO coMMtJNiT.Y COMMERCIAL (Ce),' , ~ '" / A ' , )/ c, ORDINANCE NO, 6202 - AN ORDINANCE AMENDING SECTIONS 26,030, 26,050 (INCLUDING TABLE 26-1) AND 26,070 OF ARTICcE 26 "HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT" OF THE SPRINGFIELD DEVELOPMENT CODE TO EXPAND THE APPLiCATION. OF "DENSITY'TR1\NSFER" TO MAKE MORE EFFICIENT USE OF REMAINING BUILDABLE RESIDENTIAL LANDS: REOUlRING DEVELOPERS TO PAY FOR.PEERREVIEW OF TECHNICAL, ' STUDIES REOUIRED'FOR HILLSIDE.DEVELOPMENT: AND ADOPTING A SEVERABILITI/CC4:USE, . ~ </ 5. OtherRout:n~~e~10/ a, Accept the Bld,from FarWest Truck.Center for Purchase of One (1) Dump Truck in the Ari1oUirtof$86,490, ~ ~ - . h,/Approval ofth~Endorsement of.OLCC Liquor License for Aiyara Thai Cafe, Located at AIOIQ.-IOI2 Harloi<'~6~d, Sp~gfie1d, Oregon. 'c, Ratiry,l!:" Agreement with theHntemational Association of Fire Fighters (IAFF) , ',Bargm,,~g,Unit) / , .' ITEMS REMOVED Y , ' : PUBLIC HEARING0-Please limit comments to 3 minutes, Request to speak cards are available at both entrances, Please present cards to City Recorder.., Speakcrs may not yield their time to others. I. Annexation of Certain Territory to the City of Springfield and Extra-Territorial Extension of Sewer Services, Betty Trotter Owner, File NumberLRP2006-00007, RESOLUTION NO, 07-36 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD INCLUDING EXTRA- ( City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 4 TERRITORIAL EXTENSION QI'SANITARY SEWER SERVICE TO THE SUBJECT SITE AND REOUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITE~ PROCESS, Planning Supervisor Jim Donovan presented the staff report on this item. The applicant/owner has requested annexation of 0.45 acres of , property located at 835 Anderson Lane in west Springfield, The property is within the UGB and is adjacent to the Springfield City Limits along its northerly boundary, The purpose of the annexation is to allow the partition and development of two additional single family residential loti;, Annexation is required to partitjon the property to urban densities, ,,',' _. - /r The City Council is authorized by Ol\S 199.490(2)(a)(B) to initiate'3{lIlexation upon receiving consent in writing from a majority of the electors registered irfilie territory,to be annexed and the ., d ' fr" '" owners of more than half of the land to be annexe ,Co~ent', Oil! the property~wner has been given, and there are no registered voters residing at the,site.-Tlle City must ?uso ensure a minimum range ofkey urban services\including but,ricJtlimited,to police, fire prot&:tioJ1, library, parks and recreation, stOrnl sewers, sanitary sewer:and'schools, 'Street, storm and'saniiiry sewer facilities are available on an interim b'asis, The irnmdiat';--provi~iori:ofsanitary seJ{.. service'to the subjeet site requires extra-territorial extension across 'an ;;rifannexed length of Anderson Lane as shown in Attachment 2, The app1icanCs,participation in 'fuitire sanitary, storm and local street improvement projects is required through'the-attached Annexation'Agreement. The attached Resolution authorizes the City Man~~r to'sign.th'e'Annexation A'greemtnt negotiated with the applicant. .' . V&Y The City Council ResoI9ti~proved, will b~lorwarded,to the Lane County Local Goverrunent Boundary'Cbmmi~ion\:The owner is'requesting the Expedited Annexation procedure through t!<e'Bo'undary Co~ssion in otder,to proceed as quickly as possible with the partition process. "'--Vi;-----J/ Mr D ~d th ----~ ~--->-- /f'thi - d ' 'th , onovan,sat' e ,property owner, was ill support 0 s annexatIon an was present ill e aUdienceZ ~'" ~Gl " co.6r, Ballew said the ~a~made it,aiffieu1t to tell that this property abutted city limits, ~"" \1 ': ' Mr, Donovan agreed it was difficult to tell, He referred to Attachment 1-2, which showed this property as it abuttehity lim'i~, He explained how city limits abutted the property, "'" 'l. ' ' Mayor Leiken opened the public hearing, ;Y No one appeared to speak, Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCIL~R LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 07-36. THE MOTION PASSED WITH A VOTE OR 6 FOR AND 0 AGAINST. City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 5 2, Public Hearing on 2007 Justice ~sistance Grant. Senior Management Analyst with the Springfield Police Department, Mike Harman, presented the staff report on this item, The City 6f Springfield is eligible to receive $33,059 in federal funds from the 2007 Justice Assistance Grant. The funds may generally be used for any purpose relating to the criminalj;'stiee system,',excluding construction projects and security projects, No match funding is required, however, grant funds may not supplant generaJ fund resources, The recommendation is to use the 2007 funds toward four specific areas,as follows: I. ' Contractual costs of the P~blic Safety Coordinating CO~~~ (anticipated contract $18,166), /;' 2, Support for Municipal CO!lrt programs ($3,000), < ( 3, Support for Police Crime Prevention programs'($2~OQO), 4, Specialized Police Equiptent ($~,893~~ ^ The purpose of the public hearing is to solicit fur!her~uggestio~'from the commtmity/for possibilities to expend these funds, 11J.is public hearingisJa requir~nt of the grl!!it'application process, No additional action is reqUire~,the counci~<\ , ' CounCilor Ballew asked what was mcluded ID'sp.ecla!ized polIce eqUipment. Mr 'd ilia 'aI ii \"'fi ~k'- d f '\alYd' db th , Hannan SID t was a gener category\ or any, mo Specl IZe eqUipment use y e Police Department. In the past, the grant funds;~d/b{eiius~top'urchase digital recording equipment and articulated funtiture for those at,adesk for many'hours at a stretch, C 'I B 11 k/d::rf, .........'-I~\b ' \\fi nall/, d ' OunCl or a ewas e 1 ltwoU u eiappropnate' or perso lze lasers, M Harman 'dilia~l;"""b ) Lbl''''Th P I\VY 'd" th r, sa! ,_ t cou u',e;p_opsl _.:::.... . e, O,IC;; epartment was COnsl enng usmg ose funds for sp'ecliihzea'eqUlprnent ill the, newfacI!Jty, /~"\ \-. '{ Ma~~ opened the,public h~V No one appeared to SPeak,\ \J ~ "",~ \ i, Mayor Leiken closed the public hearing, "'" "'" / / ' NO ACTION REQUESTED, Y 3, Used Merchandise DeaJer OrdinaJlcc - Automated Reporting Requirement. , ORDINANCE NO, 4 - AN ORDINANCE AMENDING ARTICLE 7 OF THE SPRINGFIELD MUNICIPAL CODE REPEALING EXISTING SECTIONS 7100, 7,102, 7,104.7,106.7,108 AND ADDING SECTIONS 7.100. 7,102. 7.104. 7,106, 7,108, 7,110 AND 7,112 (FIRST READING\. Police Captain Rick Lewis presented the staff report on this item, Eugene, Springfield and Lane' County initiated an automated reporting pilot project in October, 2002 with voluntary City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 6 participation of several secondhand st<>res in Eugene, Springfield and unincorporated Lane County , During the development of the draft ordinance, the participating law enforcement agencies met with secondhand store owners and mahagers for feedback on the proposedordinance, There has been a mixed review from the dealers 'who are concerned about the additional costs to their businesses for implementing the progiam as well as a preferred vendor. Council has received correspondence from second hand bus!miss dealers expressing their concerns on the matter. Council heard from a number ofbusm'ess owners affected by a proposed ordinance that would require Used Merchandise dealers to comply with an automated repo,rti~g:-Sy~em, Since the April 3, 2006 work session on this matter, the City of Eugene and C3.n~ County have adopted ordinances requiring dealers to comply with automated reportingA '"', Th dr' I ' : d 'th ' <(d' '" "". ld b e propose process lor Imp ementl,:,g an operating 7 auto~te reporting system wou e' administered by the Eugene Police Department. The actUalc6st ($20,200)'of,a'utomated reporting would be borne by the regulated secondhand stores"uS"ilig a fee schedule based'o1l'the number of annual secondhand dealer transactions'. It is anticipate"ct,thatth.humual cost to th'hndi\iidual secondhand store would range between,' $200-$700 p~'y'ciu-, r 1 / l' '-v J/ . . A ~ In the event that BWI receives the bid' from an RFP issued by."the City of Portland, we have been advised that the 10caJ automated progianh~iIl'be permitted to intclrace with the Portland data ' base '.. \~ ~ ",,'-;1 , , ' " \\ ~~ )/ At the March 5, 2007 work session, Council directedtlfe'ordinance to move forward for a public hearing, ~,!i \f' )/ , Captain Lewis said thereQeral'concerns ~\some of the Second Hand Dealers, The first issue with businessrs--Was the cost.! I-iJ explained the 'average cost per business of $200-$700 per year per business, He said"\t wasJd~peiioenton the,ritmber of transactions of the individual shop, ." / ---.~, -/. The cost for.h:ifdware,-computer,'plione lines, and internet service was also a concern, Shop owners wefe~aisocimcetiled thatth,(:2~st would increase before the contract ran out. He noted that thi,( W'ould be administcl-ed thr'ou~h,theCity of Eugene, Another concern was that BWI was a Can{diatt flop., It had beeri'~uggested ~!~W'ait until Portland went online, Portland did send out a Request for!roposals (RFP),arid granted that RFP to BWI, Their system would be set up differently, liowever, as BWI\fwbuld create software for Portland to run their own program, The City of Eugene'and'Lane County passed similar ordillaJlces to the proposed ordinance before Council. SPringfi~ld~ct,!-dea!collecbb1e coins and moneys and Eugene and Lane County did not. Detective George Cro!l;2:th the Sprillgfie1d Police Department, gave further information o~ this issue, He said he had been with the Springfield Police Department for about nine years and had , recently assumed a position that dealt,with pawn shops and stolen property, He said he recently met with Detective Randy Berger at the Eugene Police Department to go over how the BWI system worked, Eugene had a smooth transition with the pawn shops when it was implemented, , Eugene had recovered a substantial arltount of property through'the system that had been stolen, and had been successful in tracking the criminals that brought in the items, The system was a helpful investigative tool with several'!search engines available, He described some of the search engine capabilities, He also noted thaI' some businesses had monitors mounted on their personal computer to take photos of customers: This system be~efited the police allowing them to identify City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 7 , , who brought in the property, It aJso benefited the shop in'allowing them to know who they were dealing with. He said it aJso benefited ;'the citizens, police department and shop owners by the efficiency of data entry and tracking items sold. It enabled information sharing between aJl agencies, Detective Crolly said there were alerts in the system that allowed police officers to enter details, including the name, of crimirulIs into the system, If a transaction occurred on that person, an aJert could be sent to the pOliceoffjcer's pager, cell phone or email.Thisallowed for a quick response to the shop which benefited the shop owner and police officers, " " Councilor Pishioneri asked ifDetecti~e Crolly anticipated a decrease in the amount of time spent on cases once this system was in p1acJ, and making their work more efficient. D 'C lldh dd " Iltha ffi' 'ththd/~ bi],' th' etectIve ro y sat e I anuclpat~ .t e clency WI e ~s~c, capa lues ra er than g9ing through paper documents ,! '<( :~~. Councilor Pishioneri asked if the time,'!savings was figured-into this proposal", " '., p ~ " "\,,",,, Chid' Smi<h ,.d .. tim. _"""d ~ "" ''''"'''''<' .. tim. ''''; P.ktiig,'Pa>' "'" entenng data. , " :: ~~ A y Councilor Wylie asked if the shops were capable of issuing ail,alert if stolen property showed up, , "'~ Detective Crolly said that capability Jas \tso;available, as well'as shops entering information on a problem customer that could be sent" out 'to'~o,thci-'deaJers, y-;? , I \ -......... "--..... ' II \ ........., ........ ' . Councilor Wylie asked if there was a lapabilitY~OflSidestePPVSl"V6'~' , Detective Crolly said itc~o~,lsibility, ;;:; \ \ 'iil Councilor Ballew saidShe had readthkt the State was'mteiested in an integrated statewide system, She asked when that ;rugJ{to~'~J/ ' ~ ~/!~ ' Chief Smith'Saldthe~,been ~ussions,but no efforts towards making that happen. C /1 (Ball k ""'d 'fth\ ,"'f'-:?'d: ball' b ' d ' ounCl or, ew as e I ere was any,au lting to e sure Items were emg reporte , D . ':;C ~11 'dBWI \'\ ' dfth . ('di ' di' etectJve ro ,y Sat mallltame " e program, me u ng au tmg. Chi f S 'h '"",d th"" nl .LI 'f Ii ,', thin 'ifth 1d Tha emIt Sat ey 0 y,lU.lew I sOJlleone wasn t reportmg some g ey were to, t had occurred in the PY' ,,' Detective Crolly said it would still be ',important to maintain a human element and good relationships with the businesses. ' Counci1qr Ralston asked if there wcre':pena1ties for not reporting, Detective Crolly said Eugene had penalties, but he hadn't yet studied the ordinance in Springfield. ' Chief Smith said the ordinance had a benalty clause ,near the end, " City of Springfield Council Regular Meeting Minutes July 16, 2007 ' Page 8 Councilor Lundberg said part of her "'anted to defend the industry that had second hand shops, The businesses wcre not made up of chminaJs, Receiving stolen items cost the business money, She was in support of clectronic reporting because of thc timc it would save, There were criminals in any business. She said im~lementation should be done rapidly, but it would be an additional cost, She referred to the time frame for thc shop owners to enter information on the items, She would like to make it conv~nient for data entry, Shc asked what Eugene was doing, '. i. . Detective Crolly said it was a 12-hour:!reporting requirement for data entry, Most shop owners used it immediately as it worked as an: inventory tracking system, He aI~o,agreed that the ~~~~::t~ were upstanding, The bus1ess owners wanted to fi~s::n~s as much as the Councilor Pishioneri said the pawn brokers and dealers were v,er~est. He felt that the reaJ time reporting would save the busines~es from potentia110ss,ifthe item 'Was 'discovered stolen, Detectivc Crolly agreed. Councilor Pi~hioneri said thi~sYsteft1c'co~ld prote~t,th'e'business owner as well, and would add a lot of integri~, industry-wide/" )/, " ' '. ,/~~ /~; Mayor Leiken opened thc public hearrg, ~ ~ _ v 1. OB, Bil>l>s_ Best Cash. 1840 Mairi Street. Sorinciield. OR. Mr. Biggs said he had a couple of problems with the ordinance the way'i! was written, He refe~'ed to page 4, section (4) Reporting Fees, He felt that any aSsociated,fues'or costs should be'incorporated into a Second ',' \,........... ..... \ /- . Hand Dealer's License Fee, That license{ee would cover all costs. He aJso rcfcrrcd to page 5, section (6)(b). He felt that six moJths was~oo loti'g'tok'Cep,sonfething on hold upon police request, Thirty days was'a'fair ambunt oftirtie~d ifth'epoli~e needed more time, they could ask the deaJers to holci'iflonge'i\He referred't6 page 4, section (2) and page 6, Section 7,106 regarding alternat{ r~cording 'reqtiirements, He:said that was what the dealers were doing now with paper. Thfudin:itce seethed to indicate tJ1jSdeaJers hail a choice on how to record the information, He said iie~asi~fa,1orof.eI~0#c reporting and it should have been done years ago:FOr"about three'y'e~~, hehad,be",n'involved in this process, During that time, he had belm~watcliing BWI and'LEADS Online, two electronic reporting firms. During that tim{,d3WI had groWn vi:ry little aVd had very few U.S. jurisdictions, most were in Canada, EEADS~nline had m'ore than do'ubled the number of jurisdictions to over 600, including Medford, Jackson County ~d maty in California and Washington, He questioned why nearly all U,S, ]uri1lictions that'hlli! gone to electronic reporting had signed on with LEADS Online ifBWI waith.?best choideJ i: ' "'-,"'-4: " ' . 2. GeraJd Uoshaw. ACE.Buvers. 195 South 14th Street. Soringfie1d. OR. Mr. Upshaw said he had sent the Mayoland Council it\formation. The latest included comparisons on the current pawn statute, At the end of last year, the State mandated that Pawn Shops'become a licensed Pawn Shop or close down, In doing so, it cut the shop's revenue considerably, For the year of 2007, if the shops had to pay the fee for BWI, the cost of doing business would be sixteen hundred percent higher than thc ptevious year, Prior to 2007, they paid $90 for the City license. This year, they would pa)li$1000 for the State license and inspections, $700 for the BWI system, plus the additional $?O for thc City license, That was quite a hit on businesses, ' , When they ran as a consignment shop, they regulated themselves, He referenced the question about the businesscs being audited and said the State's Department of Consumer and Business Services would be taking care of that. He questioned how much actuaJ hard copy I, , City of Springfield CoUncil Regular Meeting Minutes July 16, 2007 Page 9 I Ii information they had on how welll,the BWI system was going in Eugene with all the pawn shops reporting, Prior to last month, there were no licensed pawn shops in Eugene, The only one licensed in Eugene, was now iri Glcnwood, and under the County jurisdiction, Sheriff Burger talked to the Commission~~s about this charge and the Commissioners would be picking up the cost of those in the/County's jurisdiction going into BWI. He would like Council to look at the conflict andl,make sure they had hard copy on how well this was going, Currently, they had a twe1v~ houridelay to report, so the police wouldn't be able to arrest the person at the time they were sellitig something, , Mayor Leiken closed the public hearirig, ~' Mayor Leiken asked about the 'not ~o bxceed 180 days' clause for h'tu; certain items, He s~d 180 days seemed like a long time, He Fked Chief Smith to c<mfent~ Chief Smith said the 180 days gave mLelatitude for the jnve~tik~tor, T1ie,n!ality was that if they could identify property as stolen, the police would seize'iti.ii:iIDediately, Th"ereiould be times that police believed something may be stofen and wouldlik(}" more time to look ind"th'ecrimes, He felt that 180 days was the exception toi rule, ~ A, v' Councilor Lundberg asked if it could oe a shorter period of time, with a provision that police could request additional time if needed for an investigation'M6st of it would be determined quickly. The business would be holdiilg ~t.;rnge for the POlice'Dliikrtment. She would like some certainty for the businesses, i! \ ~"-.. Y Chief Smith said if police was going t), put a hold on'iaor-.!80'days, it was a serious case, He said thb 180 days was an outsi<le'exception to th'e.r(;l~, Ifpolige.~ew an item was stolen, it wouldn't take long for tne'mtO'tak~car, e of it. \" (/ , \ '\ I" '.\\ Councilor Ballew ~'how~eq~en'4I. the 180 da)) provision would have been used in his expenence, '."- V(~_/p ~~. . '" '" ,I .7 Chief Sl!11h'said h(fCO~Idn't reme,mber a time in his career that they had asked a pawn shop to hold an'item for 180 days, ~ ~ ' , ' COU~~le~aid it ~l<! tnlY ofcur if they were asked specifically to 'hold a specific item. Mr. Leahy ~,Chi!?fsmJjf1angu~e could be added that said an item "shall be held 90 days provided, howeve~this,peribd may be extended up to 180 days at the request,ofthe Police , " _J' / I, Department", Someone would have tO,'monitor it at 90 days. 17 II ' ~ I . Chief Smith said that could work. Councilor Pishioneri said he was not 6omfortable nlaking that change, He said 180 days was reasonable and had not been abused. !i , Councilor Woodrow asked if it would!,be possible to include the fee in the pawnbroker's license, Ii , I City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 10 'I II I " , , Chief Smith said it could be possible, ~t would mean that each year, as the City of Eugene and BWI figurcd out what the cost would be, the license fees would be changed in the City of Springfield to accommodate that fee, ,i Chief Smith responded ,to a couple of ~uestions brought forward by those testifying, He said in regard to alternative reporting, it was for dealers that dealt with less than ten transactions a month, He said it was notcd on page 4 of the 6rdinance, , . ," , Councilor Ralston asked why we chos~ BWI'instead of LEADS Online,' Chief Smith said there were over 13,060 police jurisdictions in thc U.S~,LEADS Online . [ ~/ ~ serviced a very small percentage of those. BWI served an even smaller percentage of those !' ' I" . "- jurisdictions, Springfield Police looked at LEADS Online, but ih:lidn'tintemce with the regional records management system, so the entries would have to be d~plicai(:d into the system, It was not as good a product for the SPringfiild area purpos~ '\ ~~ Councilor Ballew asked if this ordinarJce was the same as the one in Eugene, "'" Chi fS 'th 'd' 'th :: tha'S hgfi' ~ld'had ad~d d 'I' \ -- e ml Sat It was e same, except t . pnn Ie , e :~ mc uslon r~qulrtng electronic'reporting of collectible coins and jewelry, V , , " \'-.... ::s~::;::::",:::::~~REA~ Ii ~) /"---.. ---;; . 1, Robert Schroeter. ComcaSt:-2897 Chad Dnve:Eul!ene, OR.-Mr. Schroeter, Director of Government Affairs'forComcast)discussed'some of the provisions on the telecommunicatiohs (ordinanc'e, H~ said he ap~}eciated the opportunity to work with Springfield staffTheinajor pr~~;ions of diffej.~nCe in the proposal before Council had to do with the possibility thl1t,tliis,hbus~keepil}g.Jlleas'tfre could be interpreted as affecting any existingfnincliisesor co~tralts th.tl-theCit)' lilid with particular providers, Mr. Goodwin ____........... ~'\.II..";. dr~ej.some lan~ge,~? addr~ss{hat Issue which was acceptable, There were a couple of otheTiareas that Tatsei:l concerns'ana,were grounds for further dISCUSSIOn. At the work sessIOn, the'M~yor said it was tim~,for Sp'iingfleld to have discussions with businesses on how things ,,_ ... . ~-, '1/ might affect them, Mr. Scmoeter's concern related to high speed internet, which was encomp~sed,in the defmitibn oft~lecommunications, and noted that the Federal Communic'litio'ns Commi~sion's d~cision would exempt that. He also discussed IP enabled voice, There ~as'ctiscuss'i6n from'Mr, Goodwin in the Council Briefing Memorandum in the agenda packet, that the' FCC had fuken IP voice under their jurisdietion, and had not made a determination, Until'that determiktion was made or as communications continued with the City and other providers, they hoped to come back to Council with an agreed upon approach or the FCC decision, There were provisions within the ordinance to provide for an application fee set by Council on an annual basis, Comcast provided approximately $400,000 per year to the City in franchise fees, To put fees on top of that was excessive and not directly related to " maintenance, They would suggest an allowance for deductibility on other fees, I ' 2, Leslie Markham, 542 South 4th Street. Sorinl!field, OR, Ms, Markham noted the tragic death of a four year old little boy that mid contact with fireworks, She said it was time to consider a ban on the sale and use of fireworks in Springfield, July 4 was no longer a celebration, but , Cily of Springfield Council Regular Meeting Minutes July 16; 2007 Page 11 was now a traumatic time for many residents, There were approximately three weeks of incessant explosions, noise, chaos and people fearing injury for themselves and their homes, She felt there could be a safe 4th of July with public events, such as that at Island Park. Last year, children 10-14 years of age had the. highest injury rate for fireworks related injuries, There were 283 fires in Oregon in 2006 as a result of fireworks, ail increase of 46 percent from 2005, causing more than $IM in damage, Eighty-five of these fires occurred between June I and July 3 I. Sparklers were associated with more than haJf of the estimated injuries of children under the age of 5. Children were often curious and excited about fireworks, which increased their chance of being injured, The use of fireworks in our community puts an added strain on Police and Fire and Life Safety (F&LS), Ms, Markham had,the fireworks log from the Springfield Police Departmentand noted that between June 18~a'July 10 there were 189 r/ "1 fireworks related calls to Springfield Police, Between July I and July I I, there were 37 calls responded to by a patrol officer. There were fifty-two cities,jj("'Wa"Shington that had already banned fireworks and more cities were coming on board. <( ~ ~ 3, John BroWll., IOll'~t Broadwav Eu"ene. OR. M~.;J3~,sPoke on two~ftJ;te Council Goals: #2 - Utilizing resources efficiently and effectively to meet citizen needs,for core, services; and #7 - Partner with citizens and o~r public ag~'ncies to leveragciies6ufces, He spoke regarding SDC credits and creating an 'SDc.crciiit barik~One of his cliefitihad a ... ':\../." 'l . v number of SDC credits, some that couldn't be used, This client asked what they could do with the credits and hc suggested dO,?ting them to a n.;n~pfotlt or agency that could use them, There would be no net loss to th;;Community or added liurden to the tax payers, , and yet a savings to that entity for more beneficial.u;;es~He asked th~fo~r t1ie summer break, Council direct staff to explore the pros irid ~:ohuch a bankJ'Hbpefully, it couldbc a win- win. The Council would determine who <<-buld r~eive fuecredifs from the bank. Recipients Id' 1 d fi ~, '. \ d/ /1 --..... / l' d Th cou roc u e non-pr~ t"agencles, economl~' eve opmen~ or anyone e se IU nee, ere could be a smaJl adtriiniSti'ativ;;'fee charged t<)',manage thi~ bank, He felt this concept merited further conside~i~ri"", ), ) ~ ' ' 4, Jack Roberts. 233~k RoadD'rive:-Eul1:ene. OR. Mr, Roberts said he was speaking in sUPPoI!.of John Brown'ssuggestion'ofcreajirtg an SDC bank, This idea preserved the integIity-OftheSDC'sy~m'P,eop"le had credits they would not be using and this would give them;~ opportunity to donate them.tl)this bank maintained by the City, The use of those funds \vou1d be at the (;:mincil' s discretion, He recommended using part of those credits for econ6mi;;-d~veIopment t. k,othe/'lool to bring businesses in to Springfield. It would encoura!ie.!lie~ypes of de'!,~lopments, both in terms of social service non-profits and economic development. It;wou1d be a tool for Springfield and would still maintain the integrity of th6-syste~..Hc said he spoke ,with Community Development Manager John Tamulonis who mentidned there would be some review on SDC's in the near term, He would ask Council to direct staff to consider this bank a part of that review, This would be another example of how Springfield was on the cutting edge and could set up a pilot for the rcst of the state, 5, C.W, Walker. 1225 Lawrence. EUl1:ene. OR. Mr. Walker said he was here in support of the City of Springfield investigating and working towardS an opportunity to use SDC credits, To be able to use these credits toward economic development and non-profits at the City's discretion and in compliance with a dedicated policy set up by the City of Springfield, would be a great benefit to the City of Springfield. It would also be a benefit to those companies or non-profits that werc looking forward to developing and improving the City of Springfield, City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 12 He looked forward to working with the City on this and helping with his eXperience on the use of the SDC credits, Mayor Leiken thankedMr. Brown and Mr.-Walker for notifying him ahead of time that they would be speaking on this topic, He also thanked Mr. Roberts for his testimony. The Mayor asked Council for their thoughts on this request, Councilor Woodrow said he would like to see staff bring something to Council. Councilor Ralston said he liked the idea and would like to know if the~was an actuaJ cost to the Ccity, 'I p. hi' 'd' 'd d' rth I /CI" 1dh' 1 'thd . ouncl or IS onen agree It was a great I ea an wo exp onng:, tcou e p WI owntown redevelopment., ' , , , ::( ~~ Councilor Lundberg said the State had a tax credit prog~~t non-profits cOuld use. She asked that staff get that information regarding certain requirefuents and how tax creclits&JUld be used, She would like information on the parameters of ~ho "lrught qu:ilify and how the 'i:redit1 could be used. ' , ' , ,"~~C, Y' Mayor Leiken thanked Ms, Markham for,her testimony and'asKed Chief Smith to provide her with additional information, He said he ,*~ii'tsure it was som'ething the City should do or if it was something that should be done by the State,Mayor Leiken ai>pre'Ciated her comments. Councilor Ralston said the dea:th of the youn~\~~orks~ a tragic accident. He said it was hard to believe that a'fire'like that could'b"e,(tlrted withlegaJ fireworks, C 'I P' h' . /!.d~1 aI fi \ ks 'Id \\ h fir</ ouncl or IS lOnen,SaJ . eg trewor cou startsue a ,e, COUNCIL~~G=d CORRESPONDENGE AND PETITIONS Mr. <L~,~oted that ~~ion ~~e items included in the Correspondence and Petitions, two additii:lIlaJ~items were rcl:ei'ved ana placed at Council places, Mr. Leahy S~~B,Street il,lrrnation was submitted after the public record closed, He asked Council not to review that be'fore making their decision on the B Street vacation because it was' ~ ~/ . received after the public record closed, J/ ' I, Correspondence from Peter Ferris, Lobbyist for Oregon Manufactured Homeowners United Regarding HB2735 , (See attached staff response.) 2, Correspondence from Leslie Markham, 542 South 4th Street, Springfield, Oregon Regarding Fireworks in Springfield, 3, Correspondence from O,B, Biggs, Best Cash, 1840 Main Street, Springfield, Oregon Regarding the Second Hand Dealer Ordinance, 4, Correspondence from JeffThum, North Star Coin and Jewelry, 643 Main Street,Springfield, Oregon Regarding the Second Hand Dealer Ordinance. City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 13 5, Correspondence from Don and Mary Jo Moloney, 922 B Street, Springfield; Oregon Regarding the B Street Closure (this letter was not received during the period the record was open, so it is not incl~ded in the packet for this item,) IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ACCEPT CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS 1. Telecommunications Ordinance Update, ' ORDINANCES ~" ORDINANCE NO, 6203 - AN ORDINANCE AMENDINGARTICLE'4 OF THE SPRINGFIELD MUNICIPAL CODE TO PROVIDE'FOR.LtCENSING.OE UTILITIES. , .." . ' AMENDING SECTIONS 4,600. 4,602. 4,604. 4,608. 4.610. 4,612. 4,614. 4,616. 4,618. 4,620.4,622.4,624.4,700.4,702. 4,704. 4,706~4,708. 4.710~4,712, 4.714 AND4~iI6.' DELETING SECTIONS 4,626 AND 4,628. AND'SETTING.AN EFFECTIVE.DA TE, Assistant Public Works Director Len Goodwin presente~~~re~ort on this item, The City's currcnt tclecommunications ordinance, ~bich'reverted to its 199.(form whcn the Utility Tax was repeaJed, is in need of updating, In additioh, 'it.i~pprgpriate to m<>4ity t1ie ordinance to account for the recent decision of the Federal Communications deci~ion on fraficbising of competitivc cable television providers, V ~ '-7<' , , L~ ' , .' ':\~:''''_'~lJ ., , It IS timely to make housekeepmg' rcvlSlons to the City s telecommumcatlons ordmance to assure that it continues to cofupb~with ri:ce~t interpretatiohs of Section 253 of the Telecommunications Act of 1996, In addiii;;Ji~it'is timelykmodify the 6f<!iilance to accommodate the actions of the Federal Communications CO~ll!i{sio!l iu'provi9ing!alternative cable tclevision providers an accelerated paili to acce~s to pujJ!ic rightS'of.wllY'tO provide their services, At the public hearing on June 18>are---presentative of CorricaSt testified and was granted leave to submit additional / I .... .., '" comments in writing, Those. comments';-as;well as comments received from Qwest ConUirunictuions, and a stiffiespons~toiach set of commcnts are attached, In light of these comment~~a 'second version\of'the proposed ordinance has been prepared, lbis Alternative Draft Ordinance niakis.ONL y the tnihirnum changes necessary to conform the City's Code to what we understand to b'e,th'e'current state of the law and is presented in legislative format to make it . ~"II . easier to see the changes proposed. ''/' , Mr, Goodwin noted ~'Mr, Schroeter from Comcast met with staff and a representative from Qwest also met with staff to review details, The Council Briefing Memorandum included in the agenda packet outlined changes made as a result of those discussions, The people from Qwcst pointed out a technical error in the ordinance, As it was written, it excluded from gross revenue wholesale transactions, specifically for electricity and gas, It was intended to exclude all who1esaJe transactions and the ordinance had been corrected to reflect that. In addition, Qwest' raised questions about section 4,608 (4) which related specifically to the provision of cable television services. That provided thatan alternative cable television provider would have to file, and comply with, a plan to serve all residentiaJ customcrs in the community within a reasonable time, Qwest pointed out that was a practical impossibility, There wasno reason to believe there City of Springfield Council Regular Meeting Minutes July 16,2007 Page 14 was a market for a fifty percent split between the current provider and a new provider. An aJternative formula was created to aJlow them to build up their service over a period of time under an agreed upon formula plan between the City and Qwest Staff made a modification to the ordinance to make that possible, Mr. Goodwin said that Comcast expressed concern about whether or not this ordinatice would affect the existing franchise. Staff modified the language to make it clear that the provisions in this ordinance did not change existing contracts the City had with Comcast or any other provider. Comcast aJsoTaised concerns about the fees imposed, They felt the fees in general were excessive and also suggested there should not be an additional license fee for those,companies that aJready had a license fee, He said the fee for the original license was $1200,OO;,th~annuaJ fee was fixed . /. ~ at $600, which representcd about six hours of work for a license and'alittle over thrce hours work for an annual renewaJ, Staff spends about four times that on thesspro2esses and did,not feel these fees were unreasonable, Mr, Goodwin said he would encouraietoun'ci1 to~ntinue them as they were by providing an additionaJ license and fees as additionaJ se~ices ~er,e p':,ovided, At the public hearing, questions were asked regarding the ab~ol~tertunimum requir~'to meet the recent court rulings and the Telecommunications Act of 1~9(Appen<!lx F included in~lie~da packet mc1uded an ordinance that JUst met the mtmmum,reqwrements to make sure tlie'Clty was in compliance with the law, Staff did not reco~end 'that'Counc'ii."adopt that ordiruirice, but rather " " J' / ~ .... the other ordinance with changes following conversations,with.Comcast and Qwest, There was still an issue between the City and Comcast regarding the tr'eatrnent ofComcist's digital voice service, Federal Communications CoJI1I1lis~ion,(FCC) had made n6,decision about what sOrt of service that was and in staff's opinion, if a\<?mp';my-was using ri~ht::O~way, the City had the right to regulate that service and collect a fc'e'for'tisini!he right-of-~ay, Staff felt that right existed whether or not the, n" ew ordinancepas\cid. He<,eXPlai"(;oo7' ,/ , '~/ ~ ' , .~ ,\:'/.1 CounCIlor Woodrow dlscloseclthat he had some dealings Wltli Comcast over the past month or so that benefited his serviclwith Coindst, but that 06uld not affect his decision, ' Mayor Leiken thank~~o9l!forworkj!lg_~Zomcast and Qwest. He said the ongoing diaJogue with'Comc"ast and other'tele~iiununicati~ns that did business in Springfield would be , importantii's'the-gDvemIrient ~e "additional rutings, It was important to continue that /1 "\' , communication and partnership .'7 ' , Cou~~dberg said ~~deral and State government would do aJI they could to get their fair share orto ;egu1ate cities) The telecommunications businesses were there to make a profit and the City was thi:re to.tax that ~iofit. It was the City's job to watch when revenues increased because it was City'ri~t-of!~ay, It would most likely come back to the 'City because it did involve FCC rules ana\~'(\ty wasn't the final say. Everyone had done a good job trying to work together. (/ City Attomey Joe Leahy noted that the benefit received by Councilor Woodrow from Comcast had been as a private citizen and had nothing to do with his position as a Councilor. Councilor Woodrow said that was correct, Councilor Wylie asked for clarification on thc two ordinances. City of Springfield Council Regular Meeting Minutes July 16,2007 Page 15 Mr, Grimaldi said the second ordinance was the alternative, Staff was presenting the original ordinance, ' IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6203 THE MOTION PASSED WTH A VOTE OF 6 FOR AND 0 AGAINST. 2, Vacation of One Block Segment ~fB Street Public Right-of-Way between 4th Street and Pioneer Parkway East, Case No, URP2007-000l9, ^ ORDINANCE NO, 6 - AN ORDINANCE VACATING A 66 FOOT-WIDE BY 264 FOOT LONG PORTION OF PUBLIC RIGHT-OF-WAY SHOWN IN BboK L PAGEl OF PLAT RECORDS OF LANE COUNTY J OREGON . DATED APRib5.\1872., ' , ,: <" ( "" "'- City Planner Andy Limbird presented the staffrcport on this.it~rit, On July 2~2007, City Council conducted a public hearing on a request to vacate publi0glit~f~ay for ti1e;s~ment of B Street between 4th Street and Pioneer Parkway East. The vaC"iltion is intended to fad1itafe,development of a secure police parking lot and ancillary bUi1diniseiving the"Springfield Justi~ center. The I. ."...... '\. I,'\. \ r written record for public hearing wri~n submittals was hcld open.to,,5pm on July 9(2007, Three 'submittals were received during the eXtended written re~rd)leriod: two in favor ~d one ~ , , opposed, Staff prepared responses to the letters received, He, noted that Attachment 1, the recommendation from the Planning c6mmiSsion, wasinadvertently,omitted from the Council packet. Copies were provided to the C,oun~il;an(hadalready bee'n'in'c1uded in the record and the first reading, Also at the public hearing, Mr\Scott'01~~tes-!.ified in\{position to the proposed vacation and requested that a series of land u~~'actions~and,other-pfeparation of Justice Center, including the functionalplanriiilgand the bond Ihe3'ture, wefeprovided in the public record, Materials had been includeaand~pi~p and wer'e[present at t~night's meeting, The bulk of that was the land use actio6s~t had beeh:.taken to this1point. . ,V",,\>, ) (, Y:? ' ' . The subJect nght-of-way Is'a 66:~oot..~I(Je.by,~foot long segment ofpubhc street runnmg east- west along the"iiO""rthem edge'ofth~ exiSting,police' and courts parking lot. The City owns all abutting taX'IOtStliat'ha~'frontige on 'the public right-of-way proposed for vacation, The Plannin~ Commission i1eld,~'Pub1ic'Hearing on June 5 and 19,2007, and adopted a recofumeIiliation in support\ofthe prq\os6d vacation at the Public Hearing meeting on June 19, 2007, Cit}C6unci1 held a public hearID"g and conducted a first reading ofthe vacation ordinance 'Iii.. '\" . \ \ at the regular meetmg on JUY 2; 2007' ,,' ' , , Staffrecomme~~tsowL1 provide direction to staffand staff would provide findings either in support or against the prbposed vacation ordinance, Those findings would be brought back to Council on Septemberi17 for formal a;;tion, ' . Councilor Ballew asked if the file in front of Mr. Limbird included any duplicate documents or just originals documents for this vacation, Mr, Limbird said most of it was sing1e'copies, There were a number of submittals that had been given to the Planning Commission and since the public hearing was opened on July 2 there had been additional written testimony, City of Springfield Council Regular Meeting Minutes July 16, 2007 ' Page 16 Councilor Ballew said she had submitted written testimony to the Planning Commission meeting and did not see it in her packet, ' Mr. Limbird said he had not seen that document. Councilor Ballew said she had provided it before the end of the Planning Commission meeting, Mr, Leahy asked if Councilor Ballew had an additional copy of that document. Councilor Ballew said she could run it off of her computer. A Mr,Leahy said they would provide it ~n the record once receiv~' Councilor Woodrow asked if Council :was in favor of staff providing findings in favor or against, Councilor Ralston said he would pref~'r to take action noQili~ than W~~il September. M Leah 'd th' . 1 th C 1'1 d~I'I( d th" ' """""d~/h' r. y SaI e site p an at OunCI approve. ,a ow~ e proJect to go .orwar ert er way, It was therecommendation of the applicant that B Str'eet be vacited~ut if it was n6{vacated, the project would still go forward, If Couricilor Ballew had ;my'rtc6llection of what she had in the letter, he asked that she provide those comments now, follo'Wed'by the letter, Councilor Woodrow said he believed he ~~Iett~~e ~~rst'PUbliC h~ngS' C 'I Ball 'd ., h I \\ ~tha '- .,.;::. 1 Yd " 'I' didn' OunCI or ew SaI one pomt III er etter was t a parl'illtg. ot an storage laCI Ity t outweigh the benefit to ~'PUlJliC,~~ an openph~iC;itreet iOr}COhnectivity purposes, Following an infonnatio'~, it.,was noted ~t 4 were in favor and 2 opposed to the vacation of B Street/Staff 'Would pro\';'de findings in 'favor. Mr. Leahy remind~'€OU~~~~ mind on September 17 if they chose, C 'I~BaIl 'd'" .....h.."1 '\"'\d:' h I - tha 1100 I b' d' d fth . OunCI or ew sal s ea so note lll' er etter t poop e emg Iverte out 0 elf destfuatioh'point was not ~gobd pubiit pblicy and it interfered with connectivity. 3 In "'-:''''nal F' C d ~d\ . [2006 Edi' , , tematio 'Ire 0 e n. optIOn, bon, ORDINAN~~,,620jl AN oiIDINANCE ADOPTING A FIRE CODE~OR THE CITY OF SPRI,!\)GFT.f'tl) BY,t\DOPTING AMENDING AND ADDING ARTICLES TO THE STATE OF OREGON 2007 FIRE CODE AMENDMENTS REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE ANQ EXPLOSION HAZARDS ARISING FROM THE STORAGE. HANDLING AND USE OF HAZARDOUS SUBSTANCES. MATERIAL AND DEVICES. AND FROM CONDmONS HAZARDOUS TO LIFE OR PR0PERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES AS HEREIN PROVIJ)ED: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE: AND. EACH AND ALL OF THE REGULATIONS. PROVISIONS.:PENALTIES. CONDmONS IN THE CITY OF SPRINGFIELD. REPEALING ORDINANCE NO, 6098 ADOPTED OCTOBER 18. 2004. OF THE CITY OF SPRINGFIELD. AND DECLARING AN EMERGENCY. City of Springfield Council Regular Meeting Minutes July 16, 2007 , Page 17 Fire Marshal Al Gerard presented the staff report on this item, The Department of Fire & Life Safetyis currently enforcing the 2004'Editioll of the International Fire Code with Oregon Amcndments, The Fire Code adopted by the city must be consistent with State Fire Protection Statutes, and equal to or more stringe* than the Fire Codc promulgated by the State Fire Marshal. The State Fire Marshal has adopted the 2006 Edition of the International Fire Code with an effective date of April I, 2007, Adoption of the 2006 Edition of the in,ternational FireCode with Amendments will enable the Department of Fire & Life Safety to provide a high level of fire safety pr,otection within the City, , /~ This is an emergency adoption in thatthis Ordinance shall take effeci.i~diately upon its , , adoption by the Council and approval by the Mayor so that the City~f~pringfield Fire Code is compliant with the State ofOrcgon 2007 Fire Code Amendmen'ts'" wliich became effective April I, 2007, , .' k~ ~~ ~::~;c::~:ofIntemational Fire Code books ha~ve tO~b"'''_'' "")7~$pent out of the Items to Note:. , ' . 2007 NFP A 10 Fire Extinguisher,Standard has charigedcfrom allowing an owner/occupant to provide anJtu;U ~ng of the fire e'xtin)uisher to requiring fire extinguishers to be serviced by a t:ia.medcertitled person::\ '/ . Excessive False Automatic FireA1irin Activations,are subject to citations under provision 109.3.1 of~~FireCode, \\ ~ '--;/ . Failureto comply/with frre,code regulations within the'Springfie1d Urban Growth Boundary will.bfrp;;;:sued through Circuit'Court in areas outside the city limits, . Vegetation caPaBle ofbei1g iilnited and h~dous to protected property of another will require a fu~1 b?eak0:) 1:---~~7 ' " Councilor PiS~d,~,I,<;Q5i6?referred to fireworks retail sales permits, He then referred)t.p.;ge 2, 105,6,r\whi~ha:tsh referenced a permit for explosives, which could include fire~~ asked if fireworks sales];wouldbe required to get two permits, Mr, Gerard'silid the retail ~Jeferr~ in 1 05,6,c was the retiil sales to the generaJ public, Section 105,6'14"allowed a b~sihess to create fireworks. There would not be double permitting. It was written froriith),'State fir~'~ode. Springfield Fire and Life Safety would never intend by policy to double cha.;-gci'He;"si'ud that could be dropped if it caused confusion. It was at the Fire Marshal's discretion, y , Councilor Pishioneri referred to Page 5, section 105,6.48, the last sentence rcgarding collection of permit fees, It indicated those fees weht to the Hazardous Materials (HazMat) fund or the General Fund at the discretion of the City Madager. He asked for clarification, Mr. Gerard said the HazMat fimd was,'part of the General Fund, Mr, Grimaldi said the allocation of fuDds would be determined through the budget process, There was not a separate fimd. City of Springfield Council Regular Meeting Minutes July 16, 2007 ' Page 18 Councilor Wylie said she assumed categories that had been deleted had been wrapped into other , I areas of the Code, , :' I'" (, ' Mr. Gerard said they had been de1etedieither because oflack of resources or because there was no nced to enforce those operational perniits, He explained. ! " ' Councilor Wylie asked about carnivals or fairs. Mr, Gerard said they were already co~ered by special evJts permits in Development Services Department (DSD)," , ' ,,' ~. Councilor Ballew asked about the provISIon on vegetatlOn1and fuel.]jreaks, PrevIOusly people with grass over a certain height were required to keep it m~wed~ ~ ' Mr. Gerard said in 200 I, the ordinance for dangerous vegltati~~as repealed, He explained that ordinance and the enforcement of that ordinance, The Cii)!'liad-grown out t'o'a ~oint where therc ""/ I '\.. "- were a lot of fire breaks (streets) and there were very few segregated properties,with long stretches of grass, In 2004, the City adopted the Internlitiohal Fiie~ode, which h'ltd Pr6Visions for dangerous vegetation, The defmition i~ that Cod'; w~v~iY~a~e:--In.the current <;:'bd~ adoption, , there was a definition for fuel break olJ page 7, Section 302, On page 8, Section 304,1.2, parameters were put into place for protecti!!g the property rith'a{uel break, He explained that a fuel break was a ten foot wide strip along,the'.property line wh'ere there was a protected property 1\ .... I "" h beyond that property, A protected propertyfas~ proRerty1that cou1!'i h$>use people, That provision gave the Fire Marshal the ability to\eqiiire,that'fuel breaJ2.where there was dangerous vegetation., V'iv ' Councilor Ballew noted,~,to'one ofthc,fire statio"j'that had tall grass, She asked if they , had required the pr?}llrtfowner 1 ct(thegrass, ~ i. ' Mr. Gerard said this te~~roYjSi~:Was'ne~M~ofihe issues they had tried to deal with in the past weresmallproRerties",This n~provisiori addressbd the fire hazard rather than the nuisanc~aS'pect. Mf~Geriu-d said'in'aoing a sea:;ch over th~ last five years, he wasn't able to fmd a situatiol where a field'finilead ~'a kouse fire, Along with the natural fuel breaks, the City had' , " " ~. '."./ . I. ," the F&LS response that would'come li1,and handle the SituatIOn, M G ""d di'''. d th \ \ qd" b ' fi I ks H 'd th C.' 1d " r. erar s9usse e questIOn rega.r mg annmg rewor , e SaJ e Ity cou pass an ordinance that D~ed. firew~f~ in Sp1jngfie1d, The City would need to be careful not to ban items that were considered, fireworks, such as sparklers and party poppers, and also public " '-"'"./ ". . fireworks display sucy-those in the Light of Liberty event. , ' Mayor Leiken said he was not requestihg thatan ordinance banning fireworks be drafted, He felt it was a much bigger problem than for Sprin~e1d alone, ' Mr, Gerard noted that they were legal fireworks that killed the young boy on the 4th of July, il IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6204. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST; City of Springfield Council Regular Meeting Minutes July 16,2007 Page 19 BUSINESS FROM THE CITY COUNCIL 1, Business from Council a. Committee Reports I, Councilor Ralston spoke on the Human Services Commission (HSC), The HSC passed their budget after Ie,ngthy meetings, They discussed future governance of the HSC and the health centers, He'would now be serving on a speciaJ committee that would be meeting two or three times a month, This committee would be looking at ways to cut costs while still providing services to CitiZCnr Councilor Ralston spoke on the Lane Regional Ai~P~~tio~ Agency (LRAP A), In addition to requests LRAP,A had received to regu1a~{ dust;,v~hi~le emissions, and globaJ warming, they received a complaint ~Ori1~'ciBzen o~B,Strfet regarding a smell coming from Borden or,WeyerhaeuseuSomeone else wanted'to regulate aeriaJ spraying of herbicides in, the forest landsirid rural areasand anotl1er ~erson wanted LRAP A to stop jets from flying over,sP~field, A . ' y 2, Councilor Pishioneri said he went to the Lig~f,Liberty show, Springfield Utility Board (SUB) did a great job~it was well orgaiJized;and well attended, The Police Department had the bicycle patrol.on hand and F &LS'were also there, It was a very nice community event and 'he tnank~'SUB and the don&-s'for putting on this show, C '1 P' hi ' .. d \\th~M K~~W )hVd C 'I Th C 'I OunCI or IS onen reporte on e c enZle aters e ounCI , e OunCl I' :\\ // , " . went up to the,temperature control tower at Cougar.'Reservoir. They had opened up several mile{ofnew{bitllt for cmh&ok. (/ 3 M LLe"""k\ 'dth 'M)' I' P~\I'""C . (MPC) 11 ' ayor I en Sat e. etropo ltan 0 ICY ommlttee went we , M-I; k )Y''d..=:t''"---h-7 th . h ' d I th S ' ~;contesC'SPringfield'had.a very good run, Some thought this was a negatIve, but ~:::,~~,:,~(:::::;::.:: ::i=:='~::~ Mayor Leiken'i)the oJ.~ kick-offfor "Eugene o~" (OlympIC TriaJs) was held, Springfield would be p1ayi'ng a role in this event. ' . '\:~ )j 4 Councll<:1r ~x~e'thanked tlJ.e Mayor for his energy, good humor and, good will he put into the Simpson's contest: It was aJl meant in good fun and good spirit. )} " . ~ I It was noted that the horse :statute would be painted back to white shortly, Mayor Leiken said Springfield would receive a private screening the day before the movie opened to the publi~' (July 26), J . 5, Councilor Ballew referred to the Olympic Trials and said a lot of people, particularly the ncws media, would be housed in Springfield, She asked what else the City was doing regarding other events, , City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 20 Chief Smith said the City wasn't doing any special events, but were working with City of Eugene, Lane COlility, State and other City law enforcement in doing some planning ahead of time, They had developed some protocol. There was no special event that he was involved with, " Councilor Ballew asked if we should be, Mayor Leiken asked Community Relations Coordinator Niel Laudati to speak on that and also send out an emailregarding any events, Mr. Laudati said the City of Springfield" had been partnerin~ith Eugene on various committees including hospitality and emergency servicts/He ru;d a detailed calendar he was working on with Willamalane for specific Springfield events, Once that was finalized, he could send Council a draft. There w<fuld be ~p~ific Springfield events that took place during the TrialS., A "\ ~~ 6, Councilor Pishioneri added some information on the McKenzie Watershed Council. Chuck Gottfried, Environmental Servi6es ~taff, had"some car wash kits iliaf would prevent petroleum products and soap' goi~g down dram's. , These kits W.fuld be availablc for fundraising groups, He suggest'ed ietti&g th~se groups kn~w of this kit and that they could contact'Mr, Gottfried, ~'" BUSINESS FROM THE CITY MANAG~~ :--., V ' I. Approval of Contract for Dcsign o~the &rston'Fi~ti/-'- P20534, Project Manager Carole'~ented the ~tport olis item. On May 21,2007, staff presented the recomm~naation of th~ Fire Station "Architect Selection Committee, The staff recommended PaurLBentley, Ar~hitect for the de~ignQofthe Fire Station, The Council authorized staff to negotiate'il'col}irad~thth,,-!!~:Staffhas completed the negotiation of the fee and is reviewing-final estiinates forreimbursalile costs, ' On ~ah~~il a~~'ied~fft: begin negotiations with the firm, Paul L. Bentley"Architect, The atfach~d drafhgreement provides for a fee of $228,250 and reimbursable ,costs ofapprdximate1y $10,000, The proposed contract includes the provisions as required in the Request for Pro~osals, including full de~ign and construction administration services, The first document to be'pr.;pared by the' architect will be a space and functional program_ This program document will sct'outthe sp~ requiremerits and functional adjacencies for Springfield Fire and Life Safety, The prograID:~ll be used as thc basis of design for Fire Station #16 (formcrly Fire Station #1) and it will,.lI~o be a valuable tool for any future remodeling of existing fire stations or design of other new fire station rncilities. The design of the facility will incorporate sustainable design and energy saving opportunities in order to ensure that the facility is as efficient as possible to operate. At each of the major design' milestones, the architect will prepare a construction cost estimate in ordcr to ensure that the project is within budget. The design schedule will also include opportunities for public review and comment on the design, , City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 21 Ms, Knapel said there were three outst:anding issues to wrap up in'the next few days, but staff wanted to bring this to Council before their recess, Thc three items were: . Itemizing some reimbursable costs . Clarification on the indemnifi~tion clause language . Addition of a clause clarifYing project organization and communication Ms, Knapel said with finalization of those issues, staff would ask that Council authorize the City Manager to exccute the final contract. , Councilor Ballew said she didn't see Mr. Leahy's stamp on the contract,yet, ' Mr, Leahy said he had been involved in this contract from the begLG provisions that Ms, Knapel had outlined were still outstanding issues. Staff would like'(So;;oci1 to see as much about this contract as possible, rather than presenting it to the City Mahager'a~ring the Council recess, His recommendation was for Council to give approval sl!bject to\the resolu~on,ofthose issues, ::n~t it would not go forward for the City M~\gru;tu;:ithOut tlie~~;eY's Councilor Ballew said she appreciated the draft, but diCln'tfeddonifortab1e taking:~on. She would like to see a more complete project when coming to,C~tfu.cil for approval in the future. She said she understood there were always exceptions, ,~ " ,\~ ~~^ IT WAS MOVED BY COUNCILOR LU\'lpB~RG~ITH A SE,C9ND BY COUNCILOR WOODROW TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH PAUL L.BENTLEY-.!. ARCHITEcT';I)'! JJ:ffii\MpUIJT OF $228,250 FOR SERVICES AND APPROXlMA TEL Y $1 0,000 ,FOR REIMBURSABLE COSTS TO PROVIDE FOR DESIGNSERylCES FOR THE THURSTON FIRE STATION AFTER APROV AL BY THJf~ITY ATTORNEY. TuE\MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ~ /~ J\ '/ ,,' '/"-.---', -----, j/ , ~... ~"" ,. \. 2, Agreement,to Arii1ex PropertY,to the City,of,springfield (Progress Investment Group, LLC - '/ ~ , '~ Case'Number LRP2007-0000~~ "-... ' C L ~ D 1 "'M\ "J ':~'~Tf 1 . 'd th ff th" A ommumty' eve opment anager O'UI amu oms presente e sta report on IS Item, s " '\. \ \ u property,owner, Progress Investment Group, LLC, has requested annexation of about 7,05 acres '\. " .':'. . of property located in thc 400, block noryh ofIntemational Way, currently vacant but for a filbert orchard, Thc arineiation would facilitate development of three office buildings as a business park development in the-Campus:I~dustrial zone, The legal description and map of the property proposed for annexatiofI is'in Attachmertt 1, Exhibit A. The Annexation Agrcement has unique aspects because of thd6cation of the property proposed for annexation and its relation to likely key future transportation system impro~ements the City may need in Gateway, The property proposed for annexation abuts the current CitY limits along its south and west boundaries and sits wholly within the Urban Growth Boundary (UGB), Existing utility connections are available to scrve this property along its International Way frontage, In accordance with Springfield Development Code Article 6.030(2), the site can be served with key urban facilities and services, including but not limited to City utilities, police, fire protection, library, parks and recreation, and schools, City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 22 An Annexation Agreement negotiated between the applicant and City staff (Attachment 1) includes conditions for owner-built privatc transportation improvcments and how they will connect to the public system at Maple Island Road's northem roundabout (Section 1.2), The Annexation Agreement also includes Progress' payment required to fund off-site transportation and Storrnwater improvements (Sections 1.4 and 1.5), Progress intends to build eithcr a 2/3 or full private street to City standards as a north leg of the roundabout. The City would, through an Option Agreement (Exhibit B of Attachment I) have the opportunity to acquire in the future the private transportation improvemcnts by compensating Progress for land costs and private road construction. The City's future coSt for acquisition would be Progress' actual land and construction costs inflated annually bY,J % during the ten-year Option period, This unique anangcment was based in part on staff working to obtain and retain th<{op'portunity ofa key future link in the Gateway area's transportation syStem while consid~ring ho~ that link adversely impacts Progress' development--the future right-of-way and Street'repfesents nearly one-seventh of Progress' entire site, Legislation effective 7/1/07 is being r{s~ched iegarding its potential impact on this agreement; results might include a minor mcidifitation to'the attached agreement. 'Th P bli H' dC' C 'I" di" ~R~l .. & ~ """ ' e u c eanng an Ity ounCl actIOn regar ng,a eso utlOn lor recommenumg annexation would occur July 23,2007, The City Council Resolutic)fi, ifapp'l'oved, would be ~ent'tifthe Lane County Local Government Boundary Commissio~ as 'an cxpcdit~d)rocess at progteS's' request. ~v/ ~ , Mr. Tamulonis disp1aycd maps showing,thc subject propcrty,aria~e roadways that would be affected, He explained the annexation a:g}e~ent and option orl'part of the property for the right- f H <Jistri'b d ' ,....... Th' '- ^ fth. o -way, e ute a more current annexation agreement. e scventeen pages 0 e optIOn agreement were included, There were ~utst:iridi~'que'Stions regardi'ng~eccnt legislation passed by the lcgislature during the last session that iv~~t ~n~6'a.ffc~Jul~( 2007, Staffwas trying to make surc all the appropnate'mforrnahon was mcluded m the agrcement to addrcss that lcgislation, He explained/theoptio;;-for.purchasihg thc right-~f-way, He outlined some of the sclected annexation~%re~ment teks'iwh, ich ShOW~~ investment of Progress Investment Group and the costs by the Ciiy.~ ~-----Y. Councilor Ballewsaid,norrnally ~'aaeveloRment, the developer would construct the streets and sidewafkS3Ji.dthe~.?velope?wauldgive th~' City the right-of-way and the City would pay halfthe~6St of construction\' '" '1~ l' ~'" \\.Y/ Mr. Tamulonis.that was the normal procedure provided thc developer was taking access, Councilor B~~d in thistle, the street would be built ~ a private road, but by the same standards as if it ~ ;rCity'~eet with sidewalks and improvements. Correct. Also in this case, thc City could exercike the.c;ption, within the next ten years, to purchase the street and pay half of the construction costs,V Mr, Tamulonis said the City would pay them half the current value of the right-of-way of $205,000, plus the actual cost of constructing the road, escalated over time, Councilor Ballcw asked why the City ~ould pay for the right-of-way. Mr. Tamulonis said the property owner could get acccss On to International Way, but the distance betwcen the road and the proposed roundabout wcre too close, making it unsafc, Other options , were explored, but it was determined it was easieSt in the manner described in the agreement. The City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 23 reason the City was paying for half of it was because the City was asking for about fifteen to sixteen pcrcent of the property, a substantiaJ amount of property to be moved out of the development. Mr. Leahy said at the time the City. did the development for Royal Caribbean, there was discussion about thc access through RoyaJ Caribbean to the Knox property on the north, That access was eliminated by the City. Th~re was an agreemcnt with the owncr of the Knox property and the City that the City would endeaYor to complete access around to the Knox property. This agreementaccomplished that. He said:everything had been worked through on this project with the developer. Effective July I, legislature became affective regarding developer built public improvemcnts that were later turned o~er to the City. The Bureau of Labof-and Industry (BOLl) lobbied for legislature that if seventy-five percent ofthc public impfo{ement was going to be used by the public, it had to be built at prevailing wage requirements, The City didn't want to be in a position where the City was negotiating or accepting propf~ th~t.ha'anot been built with BOLl prevailing wages. For this situation, and in aJI future'public impro'ye~ents of this type, the improvements would be built using prevailing wages, which-Would add ~ti2ip'ated cost to the developer. It would be more costly to ~ut public imprb{ements in than in the ~ast"" ^ M T 'ul' 'd th C' . h kfc ded' k ~. ~h fu d\ili 7 b 'ld oad r. am oms Sa! city mlg t as .or lcatIon somctIme'm.t e ture an en Ul a r : "\. "" / / '" ... in the future, Depending whether or not the developer wantcd access on the road, there could be other options, : \~ ~ ~ Councilor Ballew confirmed that the City was,not'obligated to assume tIiat road, Correct. M T ' I ' 'd" Id h b" C~\ ~l -'-:--tIi~ Yfi d th' r. amu oms sal It wou ave to e a OunCl actIon'wl a.specl e cost at at tune, 'VZ ) Coo~;I" !Wlow ~k'd:';;;:';;;;',_, if ~~"' d;.",";;:, MY ""00 00 "'" """ "'" the ten years ~ ~ ') 1 '. ~/ .- Mr. Leahy said the option woulddisajlpear'orJ:!i~City could acquire it by eminent domain. M T lC'~d' th C' ""'I\d aJ ---~th d th ' r. amu oms Sa!' e Ity cou so renegotIate e agreement to exten e tIme, / ( "":\ "" ~1' . ' counci1o~~w said the C\YrOU1~e'better off acquiring it at current land vaJue, Mr. Leahy said staff was trying to create a document that made sense, Mayor Leiken ~~'l\i!:.jZulonis and the devclopcrs for working together on this agreement. He thanked the develOper/It was a huge investmcnt and the developer was looking to bring a largc number of employe'es to Springfield, The legislature was not acting in the best interest for cities in Orcgon, This may be the first test case sccnario, and thc City may have to continuaJ1y review this option, It was a good creative way to work with the developer. This was a good way to move forward, Councilor Ballew asked if therc was intent to put utilities undcr the road, Mr. Tamu10nis said he did not know, That would be discussed tomorrow, He deferred to Public Works, Transportation and the Planning"staffwho would be bringing this back to Council on July City of Springfield Council Regular Meeting Minutes July 16, 2007 Page 24 23. He also thanked the developer and his attorney for corning up with creative ways to address these issues, , Councilor Ballew asked when the Boundary Commission was out of existence, Mr. Towery said the Boundary Comni.ission would no longer exist as of July I, 2008, The actions recommended to the Boundary Comni.ission before December 31, 2007 would continue to be processed through the Commission. Pi-om January I, 2008, there would not be any actions that would go to the Boundary Commission, Once the City took over that function, it would only go to the County if County action was re4uired, The jurisdictions were working with Lane Council of Govemments (LCOG) for adopting cOnUnon ordinances and procestes~ NO ACTION REQUESTED, BUSINESS PROM THE CITY ATIORNEY ADJOURNMENT The meeting waS adjourned at apProxi,mat~IY, 9:30 p;n~ "vj Minutes Recorder Amy Sowa '~, ~c \~ "" ~ \~#' ~1;~~ W J~iken ~l,~ y ~ , ii' Attest: City Recorder I ! )