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HomeMy WebLinkAbout01/25/1993 Regular . . . ,~ City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JANUARY 25, 1993 The City of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, January 25, 1993, at 7:43 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Adams, Berg, Walters, Burge, Schanz and Maine. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Eileen Stein, and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Mayor Morrisette. OTHER BUSINESS Mayor Morrisette provided a report related to the executive session held prior to this meeting. He provided a public response related to the ACLU lawsuit filed against the City of Springfield regarding the constitutionality of th~ City of Springfield Charter Section 109 (Ballot Measure 20-08). On Tuesday, January 19, the ACLU filed a lawsuit that claims the City's law violates constitutional rights. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO DIRECT THE CITY MANAGER TO INSTRUCT THE CITY'S INSURANCE COMPANY TO PROCEED IN . DEFENDING THE LAWSUIT AT THE CIRCUIT COURT LEVEL. THE MOTION PASSED VITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Phillip Morelock, 2490 North 34th Street, Thurston High School Student, spoke in support of the mock student government day held at Springfield city hall. He provided a report on topics discussed during the mock session and the positive experience gained from this event. 2. Robert P. Vells, P.O. Box 916, recognized and thanked Mayor Morrisette for the invocation he provided this evening. He commented this provided the opportunity to rid the city of the Charter amendment and advised the Council not to defend the lawsuit. City Council Regular Session Minutes January 25, 1993 Page 2 . 3. James Xiarhos, 1833 North 12th Street, owner of Angelio's restaurant, spoke in support of social gambling. He currently has one gambling table at his establishment and plans to add poker machines. He explained community members would be willing to provide feedback to Council regarding problems associated with gambling. He felt establishments were willing to pay additional fees, if necessary, and had other ideas which he felt could address and solve problems related to gambling. . 4. John Ferry, PO Box 1363, 650 Harlow Road #237, spoke in support of social gambling in Springfield. 5. Mark Flory, 40413 Mohawk River Road, Marcola, spoke in support of social gambling in Springfield. He felt if social gambling was not allowed, people would take their money to other cities where gambling was allowed. 6. Orville Sprenger, PO Box 347, Harrisburg, spoke in support of social gambling. He felt business owners needed to meet and address problems related to social gambling and develop workable rules and work with the Police Department to solve problems. 7. John English, 1620 I Street, owner of a locksmith business, spoke in opposition of social gambling. He discussed problems associated with social gambling. He also discussed concerns related to the policies of the Police Department. He explained he provided a letter regarding this subject to the Mayor and City Council. He discussed potential problems related to the removal of locks by someone other than a professional locksmith. He recommended the City of Springfield implement a policy that no one other than a professional locksmith be recommended to perform this type of work. 8. Charlie Mahoney, 3998 Franklin Blvd., spoke in support of social gambling. She noted she was a waitress. She felt unemployment would result if gambling was banned. 9. Avery Herrick, 1109 F Street, spoke in support of social gambling. He felt gambling was a recreation and he supported allowing social gambling in Springfield. 10. Anna Harris, 3830 Barger, Eugene, representing the Club Tavern, read a letter written by Lisa Lindberg, owner of the Club Tavern. The letter was in support of social gambling. She noted there should be uniform policies related to social gambling. She invited the Mayor and Council to visit her tavern. She had samples of ordinances from other cities which allowed social gambling. The letter was provided as a handout to the Mayor and City Council. . 11. Patty McCall, 910 Brittany, Eugene, representative and beverage supervisor of Confetti's, 3350 Gateway, spoke in support of social gambling. She noted 3% of gross revenue from poker machines was earmarked for police support. She discussed rules, regulations, fees and licensing related to social gambling. She discussed two forms of social gambling Confetti's management enforced. She felt drugs, violence and drinking were not as dominant since they have allowed social gambling. She felt Council should City Council Regular Session Minutes January 25, 1993 Page 3 . table the issue and allow for input and discussion related to social gambling. 12. Barry Masin, 705 Birch Avenue, Cottage Grove, representing Confetti's, spoke in support of social gambling. He invited the Mayor and City Council to visit Confetti's. 13. Eric Lund, 2561 Alder, Eugene, representing Confetti's, felt the social gambling issue was an issue to be decided by the citizens. He felt people now came to Springfield because of social gambling. 14. Debra Mullen, 2257 Ironwood, Eugene, representative and card dealer of Confetti's, spoke in support of social gambling. She noted she has not observed any problems, fights or criminal activity as a result of social gambling. She felt gambling was a social and fun activity and it should be allowed with regulations. 15. Jerry Vhitecotton, 215 Q Street, co-owner of the Mill Camp restaurant, spoke in support of social gambling. He felt owners of establishments needed to be held responsible for social games. He felt if business owners (licensees) had a risk of loss (i.e., OLCC license), owners would be more responsible with relation to social gambling. He felt the middle-man involved in social gambling needed to be eliminated from the process. . 16. Dave Rodriguez, 3000 Gateway Street #410, representing the Oregon Rivers Museum (ORM), displayed a mounted Osprey, on loan from the Department of Fish and Wildlife. He explained it was was currently included on the list of threatened and endangered species. He requested the Council schedule a work session to further discuss the Oregon Rivers Museum (ORM) and the need for funding of a master plan. City Manager Mike Kelly would further discuss this issue with Mr. Rodriguez and schedule a work session. Councilor Berg also discussed room tax funding related to ORM. . 17. Steve DePalma, 889 Randall Street, Eugene, spoke regarding his street. improvement petition for A Street from 40th - 41st Street (Business from the City Manager, item number one). He explained he had petitioned to have 41st and North A Streets paved. He owned 7-1/2 acres at that location. He noted Council approved the paving of 41st Street. He also explained he had subdivided the 7-1/2 acres west of 41st Street into 39 building lots. He also stated he needed North A Street to be paved and has filed a petition for the street improvement work. He noted he was the major property owner on North A Street and owned the property from 40th Street to 41st Street. He stated that across from his property, 1/3 of the block was taken up by an apartment complex built approximately 15 years ago. He also stated that part of the improvement agreement was that the city would require Mr. DePalma to pave North A Street (full paving on both sides of the street). He was not opposed to this, although, he felt he should only finance his half, a full block of 540 feet. He requested the city should Bancroft- finance the entire street and pave it all the way through. He felt if he developed it with a 2/3 street, he did not think the other side of the street would be improved. . . . ~. ~ City Council Regular SeSsion Minutes January 25, 1993 Page 4 18. Eugene Albert, 1385 Skyline Park Loop, Eugene, spoke in support of comments made by Mr. DePalma and supported paving North A Street. He discussed what he felt would be benefits to property owners related to street improvements. City Manager Mike Kelly explained that Mr. DePalma had all the frontage on the north side of North A Street and there were five property owners on the south side. He stated there may be two of the five property owners on the south side also in support of the proposed street improvement project, for a total of three of six in support, or 50%. He explained this item was scheduled under Business from the City Manager, item number one. He also explained that at a future work session, staff would like to advise Council of the assessment policies currently in effect and seek Council guidance and direction. He also explained all public improvements projects are initiated by Council. He noted if Council accepted a petition and directed staff to survey and design a street improvement project and conduct a public hearing, and if there is not at least two-thirds of the people in favor of the project, it could be remonstrated, whereby the project could not legally be built. 19. Gery Vandermeer, 2604 J Street, spoke in support and on behalf of those who voted for Ballot Measure 20-08. He felt this was adopted by the democratic process. He applauded Council for their action related to the lawsuit. CONSENT CALENDAR IT VAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO REMOVE TWO ITEMS FROM THE CONSENT CALENDAR, ITEMS 1 (A) & (B), DISBURSEMENTS FOR APPROVAL FOR DECEMBER CHECK NUMBERS 389 AND 829 AND FOR NOVEMBER CHECK NUMBER 99975. THESE VERE CHECKS MADE OUT TO PICO INFO SERVICES, WHICH COUNCILOR MAINE OWNED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Recorder Eileen Stein noted item 1 (A), November, 1992 Disbursements for Approval, did not appear on the agenda, although, the item was included in the agenda packet for review. IT VAS MOVED BY COUNCILOR MAINE TO ACCEPT THE REMAINDER OF THE CONSENT CALENDAR. COUNCILOR BERG REQUESTED REMOVAL OF AN ADDITIONAL ITEM FROM THE CONSENT CALENDAR, CHECK NUMBER 99700, PAYABLE TO SUNRIVER LODGE. He then suggested removing the entire document, November Claims for Disbursement. COUNCILOR BURGE REQUESTED REMOVAL OF THE TVO PETTY CASH DISBURSEMENTS IMMEDIATELY FOLLOWING. Councilor Berg referred to page two of the November Disbursements for Approval and noted payment to Sunriver Lodge was listed twice, check numbers 99449 and 99450. He noted this was a similar entry to that of check number 99700. IT WAS MOVED BY COUNCILOR BERG, TO REMOVE CHECK NUMBERS 99449, 99450 AND 99700, NOVEMBER DISBURSEMENTS FOR APPROVAL, PAGES 2 AND 13, SUNRIVER LODGE, FROM THE CONSENT CALENDAR. . . . City Council Regular Session Minutes January 25, 1993 Page 5 Mayor Morrisette requested the motion be restated to move the adoption of the Consent Calendar, with the exception of specific items. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO ACCEPT THE CONSENT CALENDAR VITH THE EXCEPTION OF THE ABOVE NOTED ITEMS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Minutes a. December 14, 1992 - Work Session b. December 14, 1992 - Continued Regular Meeting c. January 4, 1993 - Regular Meeting d. January 18, 1993 -Work Session 3. Resolutions a. RESOLUTION NO. 93-03 - A RESOLUTION TO ACCEPT PROJECT 1-789: VEST G STREET, VATER STREET TO KELLY BOULEVARD, AND VICINITY FROM DELTA CONSTRUCTION CO. IN THE AMOUNT OF $53,010.23. b. RESOLUTION NO. 93-04 - A RESOLUTION TO ACCEPT PROJECT 1-780: NORTH 6TH STREET, M STREET NORTH 600 FEET; AND M STREET, 5TH TO 7TH STREETS, AND VICINITY, FROM DELTA CONSTRUCTION CO. IN THE AMOUNT OF $180,283.07. c. RESOLUTION NO. 93-05 - A RESOLUTION REPRESENTING THAT THE CITY DOES NOT PLAN TO ISSUE MORE THAN $10,000,000 OF QUALIFIED TAX EXEMPT DEBT DURING CALENDAR YEAR 1993. 4. Other Routine Matters a. Approve the November, 1992 Monthly Financial Reports. b. Approve the December, 1992 Monthly Financial Reports. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Claims a. Approve the November, 1992 Disbursements for Approval. b. Approve the December, 1992 Disbursements for Approval. Councilor Maine noted he would abstain from voting on approval of payments made to Pico Information Services. IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO APPROVE ITEM NUMBERS 1 (A) & (B), DISBURSEMENTS FOR APPROVAL FOR DECEMBER CHECK NUMBERS 389 AND 829 AND NOVEMBER CHECK NUMBER 99975. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR MAINE ABSTAINED FROM VOTING. Councilor Berg noted it would be easier to read the report if the items were listed in alphabetical order. Finance Director Judy Boles explained the reason some items were not in alphabetical order. This item would be addressed by the Finance Department staff. An exception would be made for the bail refund items. . . . City Council Regular Session Minutes January 25, 1993 Page 6 City Manager Mike Kelly explained two staff members from the Engineering Department had attended a land surveyor workshop and stayed at Sunriver Lodge. Councilor Burge expressed comments related to petty cash expenses. He noted a few thousand dollars of petty cash expenses items were listed throughout the report. Judy Boles explained the procedure and accountability for use of petty cash funds. He suggested a more detailed description be provided in the computer printout. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO APPROVE THE REMAINDER OF THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Attorney Joe Leahy explained check number 99658, payable to Pico Information Services was inadvertently overlooked and not removed from the consent calendar and voted on. He stated that with Council's permission, it would be interpreted that it was the intent of the Council to approve that in the motion and also be clear for the record that Councilor Maine abstained from voting. Council agreed on intent for removal and approval. City Manager Mike Kelly provided additional information related to questions raised regarding the petty cash fund. City Recorder Eileen Stein requested clarification regarding the last motion made by Council and if that motion included approval of payments to Sunriver Lodge. Council replied "yes." CORRESPONDENCE AND PETITIONS 1. Correspondence from Gene Thompson, 4970 Center Way, Eugene, Opposing the Wildish Company Development Proposal. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence from Robert E. Tapscott, 3800 Texas Drive, Apt. 204, New Orleans, Louisiana, Supporting the Passage of Ballot Measure 20-08. Councilor Maine questioned if it was customary to accept correspondence which refer to assassinating judges and containing derogatory language in it. Council noted they do accept correspondence of a wide variety. IT WAS MOVED BY COUNCILOR MAINE, VITH A SECOND BY COUNCILOR BERG, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . . . City Council Regular Session Minutes January 25, 1993 -Page 7 3. Correspondence from Janice Justice, no address noted, Requesting the Social Gambling Ordinance Be Repealed. Councilor Maine recommended the correspondence be rejected due to the lack of an address on the letter. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO REJECT THE CORRESPONDENCE IN KEEPING WITH COUNCIL POLICES. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. The request was heard, although, no action would be taken. PUBLIC HEARINGS 1. Appeal of Planning Commission Decision (Jo. No. 92-10-191) for Variance to Construct a Driveway Closer Than 200 Feet from an Intersection with an Arterial Street - Donald Hardy, Authorized Agent For British Petroleum (BP), Appellant. Lydia Neill presented a staff report on this issue. The appellant seeks to reverse the Planning Commission's decision on November 18, 1992 to deny a request for a variance to construct a driveway closer than the required 200 feet from an intersection with an arterial street, Springfield Development Code 32.080(3). The appellant claims that the conditions for approval in section 32.080(3), have been satisfied and the variance request should be approved. The Planning Commission conducted a public hearing on November 18, 1992 to consider the variance request. One person spoke in favor of the application (Donald Hardy) and three persons spoke against (Alice Verret, Allen Gardner and Anna Hanes). The public hearing was closed and a decision was made to deny the request. The Staff Report, Findings and Final Order were accepted and adopted at the Planning Commission's regular meeting of December 9, 1992. Staff and the City Attorney answered questions raised by Council. Mayor Morrisette opened the public hearing. 1. Mike Standley, 16400 Southcenter Parkway #301, Tukwila, VA, representing BP, spoke regarding safety issues related to the layout BP currently had versus trying to change the layout and addressed how the trucks would get in and out of the driveway. He explained the key point to the layout displayed in the drawing was that when the transport truck came in, it was parked in facing east and west. He explained the truck off-loaded on the right-hand side. He explained trucks were designed with the hose connection and controls located on the right-hand side. He explained the facility was laid out so the hose would be away from the motoring public, on the far side of the truck or the right-hand side, which he felt would eliminate accidents. He also noted that to exit the site, the driver would be making a left hand turn going around the station which would give the driver total control and visibility of where the trailer was going. City Council Regular Session Minutes January 25, 1993 Page 8 . He felt if BP tried to relocate the driveway anywhere else on the premises, the truck would come in and make a right-hand turn, which would be on the blind side of the truck driver. He felt that once the driver was around, his hoses would need to come off on the right-hand side, therefore, this would place the truck on the traffic side of where the motoring public would be coming into the station. He supported keeping the driveway and exit driveway where they were and this would keep the transport truck and the off-loading portion of the truck out of the direction of the motoring public, plus this would give the driver full visibility needed to maneuver the truck. He explained the truck was approximately 75 feet long. 2. David Kimmel, PDG Planning Design Group, 122 SE 27th Avenue, Portland, representing BP, explained their company submitted and presented the original variance narrative for this project. He addressed the time spent with city engineering staff in developing this project. He explained standards did allow for right turn-in only. He stated they spent a considerable amount of time and that the site plan actually encompasses the long-term plans as best the city has them now. He added that was the reason for a much more rounded curve at the north property line. . He reported a suggestion was made during a Planning Commission hearing that the driveway be moved clear to the south. He explained you would have a 75 foot truck trying to make a direct right turn into an access in which he could not make in that type of lane. He explained the only way that would happen was if you had a car exit from there because there was no other access to the north of it. He explained if a car was parked there, a transport truck coming in who would be forced to stop because he could not get into the site at that point. He felt the transport truck driver would be forced to swing into the next lane over in order to make the right turn. He addressed the closeness of the access and noted it was allowed by Code, presuming it was a right turn-in only. He explained the Engineering Department has supported this and it now required Council approval. He also addressed issues raised by Councilor Berg related to the design review process. He explained that at this point, this was his best guess as to how the exact site would be laid out. He also noted he could not finalize the exact layout in terms of landscaping and go to that level of the plan development review if there was no determination on the access issue. . Councilor Berg explained he understood they would not want to waste time on landscape siting if they were not sure if the review would be approved. Councilor Berg noted this was a variance and Council could request certain things to be part of the variance. Councilor Berg said he understood the limitations and conditions addressed by Mr. Kimmel, but he was concerned about the design issue. He noted this was the entrance to the City of Springfield. He discussed the new 6 X 6 identification sign. He noticed it was located within the 10 foot landscape set-back site. Councilor Berg asked Mr. Kimmel if BP would be amiable for allowing a location of a Springfield sign of some . . . City Council Regular Session Minutes January 25, 1993 Page 9 sort (i.e., welcoming people into the community of Springfield) in the grass area. 3. Jack Gischel, 2457 North 15th Street, member of the Planning Commission but not speaking as a representative of the Planning Commission, spoke regarding the Planning Commission denial of the BP access requested. He noted when the Arco and A.M./P.M. stations were located there, he felt it was an unsafe driveway. He addressed the potential for accidents and again stated this was not a safe situation. He felt there was a need for an extra driveway. He commended BP for their foresight in seeing what was there and agreeing to the extra turn lane. He felt the driveway should be back as the Code stated, 200 feet or within 200 feet, not back at 85 feet. He felt it would be close to the major intersection of an entrance to Springfield. He explained you could not control the turn of a tanker truck going into the station and there was no guarantee that the truck would have a free access into the station. He urged the Council to uphold the recommendation of the Planning Commission. Alice Verret, 3195 Wayside, spoke in support of the Planning Commission recommendation that the Code variance request be denied. She discussed the fact that the Code had a good purpose which included safety, flow of traffic and no backing up into intersections. She discussed inexperienced drivers of recreational vehicles and motor homes. She felt a vehicle turning left would have difficulty doing so. She felt if Council adopted this, the action would compound problems. 4. Mayor Morrisette closed the public hearing. Councilor Adams supported comments made by Councilor Berg related to landscaping. He explained he would like to see efforts of beautification at that location. He explained he was not trying to impose restrictions, although, signs and and better street planning would be a good trade off to allow for this variance. He supported the variance. He explained he' would support the majority of the Council. Councilor Burge agreed with the intent of Councilor Berg and agreed variances were for specific purposes and often needed. He felt, in this particular case, the variance was appropriate. He did not want to hold a land-owner "hostage" in relation to a variance. He felt a responsible developer would find advantages related to landscape and it was not real expensive but took a conscious effort. Councilor Maine supported the variance and felt the second right-turn lane mitigated any problems which may occur at the location. Traffic Engineer Scott Morris explained there would be two right-turn lanes all the way back to the ramp on Beltline, into the two lanes on Gateway Street. Councilor Walters supported comments made by Councilors Berg and Adams. He stated the Council showed good will by granting a variance. He felt Council and BP could agree on nice signage and landscaping. City Council Regular Session Minutes January 25, 1993 Page 10 . City Planner Lydia Neill noted BP far exceeded normal requirements as far as the planted grass area. Traffic Engineer Scott Morris addressed questions raised by Councilor Berg regarding safety, physical barriers and turning lanes in that area. IT WAS MOVED BY COUNCILOR BERG, VITH A SECOND BY COUNCILOR WALTERS, TO ACCEPT THE PROPOSAL BY BP OIL COMPANY WITH FOUR MODIFICATIONS SUBJECT TO BP OIL COMPANY APPROVAL, 1) THAT THE EXIT LANE ON THE SOUTH SIDE BE CONSTRUCTED TO ENCOURAGE A RIGHT-TURN ONLY AND THAT A SIGN BE PLACED STATING THAT FACT; 2) THAT THE BP OIL IDENTIFICATION, SIGN NOT BE IN LANDSCAPE SETBACK; 3) THAT BP OIL GRANT THE CITY OF SPRINGFIELD AUTHORIZATION TO PLACE A WELCOME TO SPRINGFIELD SIGN ON THEIR PROPERTY AND; 4) THAT THE STREET TREE ELEMENT BE ONE OF DIVERSITY AND GREATLY INCREASED IN TERMS OF WHAT IS NORMAL. Councilor Burge supported the intent of this motion, although, did not want to imply that if the stated conditions were not attached, the variance would not be granted. Tom Miller, representative of BP, stated he was willing to work with the city on the landscaping issues and the signage. He did not support giving up the driveway and felt this would be difficult to do. . Councilor Berg said he would drop the driveway issue. He again stated his concerns which included: 1) the identification sign meet City Code standards; 2) the City be allowed to place an entrance sign at City expense; and 3) the trees not be a minimal level and the landscape element be increased. Mr. Miller replied the company would like to complete the landscaping in good taste although did not want to completely block visibili ty. ,City Manager Mike Kelly offered an alternative option for the Council. He explained Council could negotiate as Council desired with the applicant toward these terms or conditions of the variance and approve the variance in that form. He also explained Council could approve the variance with instructions to staff that they negotiate the mentioned items of concern during the site plan approval. City Planner Lydia Neill reiterated comments made by City Manager Mike Kelly regarding Council concerns for landscaping during the site plan review process. She explained that BP indicated they wanted to install grass in the area and the City would not allow this without a sprinkler system. She felt staff could work out details as far as providing additional landscaping and making sure this was an attractive entrance. . IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO APPROVE THE VARIANCE AS REQUESTED WITH A SPECIFIC REQUEST THAT THE IDENTIFICATION SIGN BE MOVED TO WHAT THE CITY CODE REQUIRES AND THAT SITE PLAN REVIEW BE APPROVED BY STAFF FOR LANDSCAPING AND THE RIGHT OF THE CITY TO PUT AN ENTRANCE SIGN AT CITY EXPENSE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . .' . City Council Regular Session Minutes January 25, 1993 Page 11 Council recessed at approximately 9:50 p.m. Council reconvened at 9:59 p.m. Mayor Morrisette noted the work session scheduled for this evening was rescheduled to February 8, 1993. BUSINESS FROM THE CITY COUNCIL 1. Committee Reports. a. Metropolitan Policy Committee. Mayor Morrisette attended a Metropolitan Policy Committee meeting. Items discussed included the enhancement program and funds Springfield would receive from the federal government to complete Phase I of the Pioneer Parkway Bicycle Trail. Other items of discussion included a report from Lane Transit District (LTD) related to the ADA plan, the Natural Resource Study (NRS) and the Metropolitan Plan update. Councilor Maine suggested new Council members be brought up-to-date regarding the NRS. Council discussed holding a work session to discuss this issue. Staff would provide a copy of the information to Council for their review. Council further discussed this issue in detail. b. Lane Regional Air Pollution Authority. Councilor Walters attended a Lane Regional Air Pollution Autnority (LRAPA) meeting. Items discussed included membership. A motion was made by Marie Frazier to let that seat go to a Lane County resident. LRAPA would advertise for an at-large (non-elected official) position from Springfield. The Weyerhaeuser emission problem was also discussed. Weyerhaeuser felt their company could be brought into compliance by March, 1993. A chairperson was also elected. City Attorney Joe Leahy commented on the LRAPA membership composition and the LRAPA agreement. Mayor Morrisette provided additional information related to membership and revisions made to the bylaws. c. Council Board, Committee and Commission Assignments. Councilor Walters explained he was assigned to serve as the Council liaison on the Southern Willamette Private Industry Council (SWPIC) Board. He explained this conflicted with another board he was on. Councilor Burge would become the Council liaison on the SWPIC Board. Councilor Berg suggested Councilor Walters become the representative on the Eugene/Springfield Convention and Visitors Bureau. Councilor Walters agreed with this. Councilor Burge requested information related to where and when the committees met. Staff would provide Councilor Burge with this information. . . . City Council Regular Session Minutes January 25, 1993 Page 12 Mayor Morrisette expressed his interest with the Housing Policy Task Force and stated he would attend the meetings. Mayor Morrisette noted Councilors Maine and Burge were assigned to the Legislative Committee. Councilor Maine would not be going to Washington D.C. and Mayor Morrisette had asked Councilor Walters if he would like to attend in Councilor Maine's place. 2. Committee Appointments. a. Museum Board Appointment. Museum Coordinator Kathy Jensen presented a staff report on this issue. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO APPOINT AND RATIFY TOM WURTZ AS A MEMBER OF THE SPRINGFIELD MUSEUM BOARD OF DIRECTORS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Metropolitan Partnership Board of Directors Appointment. City Recorder Eileen Stein provided a staff report on this issue. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO RATIFY LEE BEYER AS A CLASS II DIRECTOR FOR A THREE-YEAR TERM ON THE BOARD OF DIRECTORS OF THE EUGENE-SPRINGFIELD METROPOLITAN PARTNERSHIP. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. c. Budget Committee Appointments. City Recorder Eileen Stein provided a staff report on this issue. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BERG, TO REAPPOINT ORVILLE THARP TO THE BUDGET COMMITTEE FOR WARD 2, GAYLE SHELLER FOR WARD 3 AND AUDREY BRODERICK FOR WARD 6. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO APPOINT WILLIAM "WILLIE" COMBS FOR WARD 1. THE MOTION PASSED VITH A VOTE OF 6 FOR AND 0 AGAINST. The appointment and reappointments will be effective on January 25, 1993 and will end December 31, 1995. 3. Other Business. a. Planning Commission Interviews. City Recorder Eileen Stein answered questions of Council related to the upcoming Planning Commission interviews. The interviews would be 10 minutes each with only four interview questions to be asked. Each Council member would generate one question and Council would select City Council Regular Session Minutes January 25, 1993 Page 13 . the four interview questions. Council President Jesse Maine would coordinate selection of the final four questions. b. Response to Comments Made by John English Under Business from the Audience. Police Chief Rob Deu Pree provided detailed information related to issues raised by Mr. English. Chief Deu Pree explained the Police Department responds to emergency situations related to people being locked out of their home or cars. Chief Deu Pree also explained that when people called for help in the event of a non-emergency situation, staff would suggest the citizen contact a locksmith, tow truck company or taxi company, as they all offered assistance in similar situations. Chief Deu Pree noted he did not recall a citizen ever filing a claim against the Police Department for damages. The Police Department did not have a written administrative policy on the process to recommend ,to someone how to solve a problem, they were not allowed to recommend a specific business either. . Mayor Morrisette explained he was not sure what council's directive was to staff on this issue. Chief Deu Pree suggested Council direct the Police Department to develop a policy only allowing the Police Department staff to open automobiles and people's homes in an emergency. He requested Council not strictly regulate what an emergency constituted. He explained if Council instructed staff as follows: if the Police Department staff makes a recommendation on what course people should take, that staff recommend at least locksmiths, taxis and tow trucks, then that is already being done. Councilor Walters raised issues related to staff only recommending businesses/companies who were state certified and supported recommending a state certified locksmith for situations of this nature. Council further discussed liability issues. City Manager Mike Kelly explained staff had a discussion with the past Council approximately six months ago on the issue of taking property damage reports over the phone versus actually going out and taking the property damage report in the field. He felt the policy decision was whether the Council wanted to devote Police Department resources to going out in the field and taking property damage reports versus over the phone. He stated this certainly was a policy decision related to police resources. He stated if the property reports are taken over the phone and Council gets involved in the type of form used, he felt Council was outside policy and becoming involved in the administrative functions. Mr. Kelly stated Council was within their right to determine policy related to having the Police Department respond (or not), under emergency conditions, to unlock vehicles as a public service. He felt the general response and process of how the records clerk handled the . . . . City Council Regular Session Minutes January 25, 1993 Page 14 situation was not necessarily a policy decision and was not sure if it was necessary to debate the issue. Councilor Burge agreed and felt this was an administrative function. Chief Deu Pree explained staff would do as Council directed. IT WAS MOVED BY COUNCILOR WALTERS THAT COUNCIL GIVE CONSENSUS AND DIRECTION TO THE POLICE DEPARTMENT THAT IF A PROBLEM IS RELATED TO WATER OR A PLUMBING EMERGENCY, RECOMMEND THAT THE CITIZEN CALL A STATE LICENSED PLUMBER, IF SOMEONE IS IN THE SITUATION DESCRIBED (LOCKED OUT OF VEHICLE/HOME), STAFF DIRECT CITIZENS TO CALL A LOCKSMITH. Councilor Walters reworded his motion as follows: IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ, TO DIRECT THE POLICE DEPARTMENT TO INSTRUCT CALLERS TO CONTACT A LOCKSMITH UNLESS IT IS AN EXTREME EMERGENCY AND NO ONE ELSE CAN MEET THEIR NEED, BUT THAT THE POLICE DEPARTMENT HAD THE DISCRETION TO DETERMINE AN EMERGENCY. THE MOTION FAILED WITH A VOTE OF 2 FOR AND 3 AGAINST (BERG, MAINE, ADAMS). COUNCILOR BURGE ABSTAINED FROM VOTING. City Manager Mike Kelly would work this issue out with staff. Mayor Morrisette discussed the issue of Council abstaining from voting. City Attorney Joe Leahy stated the Mayor could not compel someone to vote. Mayor Morrisette stated this issue would be further discussed during a work session and it was a Council rule. City Attorney Joe Leahy stated a punishment would need to be created. Mayor Morrisette explained it would be talked about in relation to responsibility individuals take with their oath of office. BUSINESS FROM THE CITY MANAGER 1. Street Improvement Petition for A Street From 40th to 41st Street. City Manager Mike Kelly noted Council discussed this issue under Business from the Audience. It was indicated that Council would further discuss assessment polices at a future work session. No further action was requested. 2. Police/Court Building Remodel Decision. Mike Kelly noted Council met in an executive session and rendered a tentative decision. Council was requested to reaffirm their position to proceed with the minor remodel of the police/court building with an estimated cost of $140,000. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO DIRECT STAFF TO PROCEED WITH THE MINIMUM REMODEL OF THE POLICE/COURT BUILDING WITH THE TOTAL ESTIMATED COST OF $140,000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . . . " ' ) I/fII' City Council Regular Session Minutes January 25, 1993 Page 15 3. Social Gambling Ordinance. Police Chief Rob Deu Pree presented a staff report on this issue. Ordinance number 5576, adopted in June, 1991, permits social gambling in private businesses for money or things of value. Since enactment of this ordinance, a number of complaints have been received regarding social gambling practices. These complaints are discussed in the agenda item summary packet. Council was requested to review the staff report and provide direction on this issue. Councilor Berg discussed finance issues and the logic used by the State of Oregon to support gambling. He questioned what type of community was desired in Springfield. He supported leaving this issue as it was before Ordinance number 5576 was passed. Mayor Morrisette discussed the fact that prior to the ordinance, people were licensed to have tables, although, gambling was not allowed. He felt if Council decided to "pull the plug" Council should not license people to have tables. Council discussed moral issues related to social gambling, costs/financing associated with the regulation of social gambling, addiction to gambling, discussion with the Eugene/Springfield Convention and Visitors Bureau, the need for citizens to submit written comments addressing issues related to social gambling and the type of community desired. Chief Deu Pree discussed circumstances created when a vice was legalized. City Attorney Joe Leahy explained he could prepare different options for Council review, but that time was needed to develop several options. Citizens who addressed council would want to meet to present their comments and suggestions. Other cities allowing social gambling could also be contacted. Mayor Morrisette suggested citizens provide input to Council between now and the next regular session. He also suggested that at the next meeting, Council needed to decide if they would vote to terminate the ordinance or further pursue the issue. ADJOURNMENT THE MEETING WAS ADJOURNED AT APPROXIMATELY 11:15 P.M. &4t~41 Minutes Recorder - Julie Wilson ATTEST: , ,-.,!t1u0 ~- City Recordet'